The requirements and regulations of this chapter shall apply in all zoning districts except as otherwise indicated. (Ord. 2002-02, 1-17-2002)

Compliance with New Mexico liquid waste disposal regulations and other applicable State and Federal regulations, as well as section 8-1-3 of this Code, is required. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

Trees may be removed for a building site, solar gain or to maintain a healthy forest without a permit. Clear cutting a lot is not allowed. If the lot and general area are forested, then the lot should maintain that general appearance. (Ord. 2002-02, 1-17-2002)

The following provisions apply to all required off street parking lots of three (3) or more parking spaces within multi-dwelling unit projects and all commercial projects:

   A.   Commercial Parking Lot Standards:

      1.   Specifications:

         a.   Each off street parking space shall consist of a minimum area measuring nine feet (9') wide by eighteen feet (18') long and seven feet (7') high and have a legal, unobstructed area for access to a street.

         b.   Areas within the street right-of-way shall not be used for required parking.

         c.   Driving aisles are required to access all parking spaces.

         d.   Driving aisles utilized with ninety degree (90°) angled parking shall be a minimum of twenty five feet (25') in width. Two-way driving aisles utilized with angled parking shall be a minimum of twenty five feet (25') in width.

         e.   One-way driving aisles utilizing angled parking shall use the following table:

 

 

      2.   Spaces For Persons With Disabilities:

         a.   Two percent (2%) of the spaces required, but not less than one space shall be set aside for the physically disabled;

         b.   Parking spaces for the physically disabled shall consist of an area of not less than thirteen feet (13') in width by eighteen feet (18') in length. Two (2) adjacent spaces must share a five foot (5') aisle;

         c.   Parking spaces for the physically disabled shall be prominently marked and shall be located as close to an accessible entrance as possible.

      3.   Grading: Parking lots shall be graded for proper drainage away from the street. All parking lots located on private property for public use shall be free of potholes, uneven surfaces and other obstructions, excluding wheel stops and exterior light fixtures.

      4.   Surface Materials: All commercial off street parking and vehicular use areas shall be surfaced with asphalt, concrete, or similar materials.

      5.   Circulation Patterns And Spaces To Be Marked: All parking lots shall be striped according to the site plan approved by the village identifying circulation patterns and parking spaces.

      6.   Wheel Stops: Wheel stops are required on those parking spaces which face a building or a walkway and that are at the same grade as the parking space.

      7.   Ingress And Egress: Point of ingress/egress to parking lots from a village right of way shall be established by encroachment permits issued by the public works department.

      8.   Lighting: Lighting facilities, if provided, shall be arranged so that lights neither unreasonably disturb nearby properties nor interfere with driver vision and shall comply with the New Mexico night sky protection act 1. Refer to section 9-7-8 of this chapter for additional lighting requirements.

      9.   Snow Storage: All commercial parking lots shall provide an area for snow storage that is not part of the required parking lot area.

      10.   Signage: Directional signage for parking lots and areas shall not exceed one square foot and shall not exceed two feet (2') in height.

   B.   Multi-Dwelling Parking Lot Standards:

      1.   Specifications:

         a.   Each off street parking stall shall consist of a minimum area measuring ten feet (10') wide by twenty feet (20') long and seven feet (7') high and have a legal, unobstructed area for access to a street.

         b.   Areas within the street right of way shall not be used for required parking.

         c.   Private drives shall be a minimum of twenty five feet (25') in width, no vehicular parking is permitted on a private drive. Parallel parking is permitted outside of the private drive. Minimum parallel parking stall shall be ten feet (10') wide by twenty five feet (25') long.

         d.   If a garage(s) is to be used to meet the minimum number of parking spaces required, then the garage(s) shall be set back twenty feet (20') from the edge of the private drive. Garages located less than twenty feet (20') from the edge of the private drive must utilize an automatic door opener. This setback area is not eligible to be included in meeting the minimum parking requirements.

         e.   For garage credit of one parking space, an interior garage stall for a single vehicle garage shall have a minimum dimension of thirteen feet (13') wide by twenty four feet (24') long.

         f.   For garage credit of two (2) parking spaces, interior garage stalls for a two (2) vehicle garage shall have a minimum dimension of twenty four feet (24') wide by twenty four feet (24') long.

         g.   Guest parking stalls must be clustered throughout the project and spread evenly throughout the project for the convenience of the guests.

         h.   Setback areas in front of garages cannot be counted as required guest parking.

      2.   Parking For Persons With Disabilities:

         a.   Two percent (2%) of the parking stalls required, but not less than one stall shall be set aside for the physically disabled;

         b.   Parking stalls for the physically disabled shall consist of an area of not less than thirteen feet (13') in width by eighteen feet (18') in length. Two (2) adjacent stalls must share a five foot (5') aisle;

         c.   Parking stalls for the physically disabled shall be prominently marked and shall be located as close to an accessible entrance as possible.

      3.   Grading: Parking lots and private drives shall be graded for proper drainage away from public rights of way. All parking lots located on private property for public use shall be free of potholes and other obstructions, excluding wheel stops and exterior light fixtures.

      4.   Surface Materials: All multi-dwelling off street parking and vehicular use areas shall be surfaced with a minimum of six inches (6") of base course.

      5.   Circulation Patterns And Spaces To Be Marked: All parking lots shall be striped according to the site plan approved by the village identifying circulation patterns and parking stalls.

      6.   Wheel Stops: Wheel stops are required on those parking stalls which face a building or a walkway and that are at the same grade as the parking stall.

      7.   Ingress And Egress: Points of ingress/egress to parking lots from a village right of way shall be established by encroachment permits issued by the streets and drainage department.

      8.   Lighting: Light standards and fixtures, if provided, shall be arranged so that lights neither unreasonably disturb nearby properties nor interfere with driver vision and shall comply with the New Mexico night sky protection act. Refer to section 9-7-8 of this chapter for additional lighting requirements.

      9.   Snow Storage: All multi-dwelling parking lots/areas shall provide an area for snow storage that is not part of the required parking lot area.

      10.   Signage: Directional signage for parking lots and areas shall not exceed one square foot and shall not exceed two feet (2') in height.

   C.   Location Of Parking:

      1.   All off street parking shall be located on the same property for which the parking is required.

      2.   Off site or shared parking is permitted as a conditional use using a cross parking easement, provided the off site parking area contiguous to the subject property and the two (2) land uses have different peak traffic times. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2006-09, 8-17-2006; Ord. 2024-04, 12-24-2024)

   A.   Purpose: Landscaping is required to enhance the attractiveness of the village and improve the quality of life for its citizens and visitors. This section seeks to protect residential developments from surrounding uses, soften harsh expanses of pavement, and screen undesirable views.

   B.   Scope: No landscaping requirements will be regulated by this zoning code for single-family homes built in an R-1 district. However, the exterior property areas in all zones shall be maintained as covered in the property maintenance code of the village 1

   C.   Landscaping Prior To Certificate Of Occupancy Issuance: Required landscaping shall appear on the site plan and be installed before a certificate of occupancy (CO) is issued, and thereafter maintained properly. (A temporary CO may be requested if weather prevents planting and all other inspections have been passed.)

   D.   Amount Of Landscaped Area: Businesses shall landscape at least six (6) square feet for each linear foot of road frontage up to the minimum square footage of open space required in that district.

   E.   Types Of Vegetation:

      1.   The use of drought tolerant plants is required.

      2.   Landscaping materials shall be of trees (1 inch caliper minimum) and shrubs (5 gallon minimum). The use of noxious weeds as landscaping material is prohibited.

   F.   Maintenance Requirements: All landscaping must be maintained. Property owners are responsible for the maintenance of the right of way contiguous to their property including the driveway culvert. (Ord. 2002-02, 1-17-2002)

   A.   Purpose: The purpose of this section is to allow businesses, which do not change the residential character of the premises or neighborhood, are compatible with other homes on adjacent properties, do not draw customers to the home, and do not adversely affect the interests, quality of life, or equity of other property owners in the neighborhood. (Ord. 2005-01, 1-20-2005)

   B.   Definitions:

    DWELLING: Includes an enclosed garage that is an accessory building to a dwelling unit.

   ELECTRICAL INTERFERENCE: Equipment or processes which create visible or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

   HOME OCCUPATION: A commercial activity of the occupant of a dwelling clearly incidental, subordinate, and secondary to the use of the structure as a dwelling in a residential area, and that does not change the residential character of the site or buildings on the site.

   C.   Performance Standards: A business conducted within a dwelling shall qualify as a home occupation if it meets the following standards:

      1.   Compliance With Laws: Complies with all federal, state and local codes.

      2.   Residential Character Maintained: The residential character of the lot and the dwelling unit shall be maintained. No change in the outside appearance of the building or premises, or any construction feature or alteration not of a residential character, shall be allowed as a result of the home occupation, except as necessary to comply with an accessibility law.

      3.   Home Occupation Within Dwelling: All activity of the home occupation shall be carried on entirely within the dwelling and shall occupy a maximum of six hundred (600) square feet or twenty five percent (25%) of dwelling's heated area, whichever is less.

      4.   Exterior Displays; Outside Storage: The goods, stock in trade, or other commodities associated with the home occupation shall neither be displayed nor visible from a location off the site on which the business is being conducted. There shall be no warehousing of materials/supplies outside the dwelling hosting the home occupation.

      5.   Advertising: There shall be no show windows, window displays or advertising signs or structures on or near the site designed to attract customers, clients or the general public to the premises. The only sign permitted on a residence hosting a home occupation shall have a maximum of two (2) square feet and state only the resident's name and the street and number.

      6.   Traffic Restricted: The home occupation may not generate any additional amount of vehicular or pedestrian traffic. Business related vehicles may only park in the existing garage or an existing driveway. Parking of vehicles is not permitted on any public roadway.

      7.   Noise, Erosion, Vibration, Etc.: No equipment or process shall be used which has objectionable operational characteristics or effects, or which would identify the premises as serving a nonresidential character. These can include, but are not limited to, noise, erosion, vibration, fumes, odors, dust, smoke, lighting, effluent or electrical interference detectable to normal senses off the site of the dwelling hosting the home occupation.

      8.   Hazardous Activity Prohibited: No hazardous activity shall be permitted as part of a home occupation. This includes processes associated with the product of the home activity or storage of materials capable of generating fire, toxicity, or explosion. (Ord. 2002-02, 1-17-2002)

   A.   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.

   B.   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.   Buried Tanks: All propane tanks that are buried shall require aboveground valve protection. (Ord. 2002-02, 1-17-2002)

      3.   No sodium yard lights and no mercury vapor outdoor lighting fixtures are permitted.

      4.   All outdoor lighting fixtures shall be shielded, top and sides, to sixty degrees (60°) below the light source.

      5.   Outdoor lighting fixtures not meeting these provisions shall be allowed if the fixture is extinguished by an automatic shutoff device between the hours of eleven o'clock (11:00) P.M. and sunrise. (Ord. 2002-02, 1-17-2002)

      6.   Lighting systems used for lighting Federal and State flags within the C-1, C-2, O-1 or O-2 Zones are exempt from general provisions of subsections A1 through A5 of this section. (Ord. 2005-01, 1-20-2005)

   B.   Plan Required: Exterior lighting plans shall be included in plans required to be submitted to the Planning and Zoning Office in a site plan or a zoning certificate application.

   C.   Recreational Facilities: No outdoor recreational facility, whether public or private, shall be illuminated after eleven o'clock (11:00) P.M. except to conclude any recreational or sporting event or other activity in progress prior to eleven o'clock (11:00) P.M.

   D.   Parking And Street Areas: Lighting required in parking and street areas shall be in accordance with this title.

   E.   Existing Lighting: Lighting in existence and operable on the effective date of this title is permitted unless and until replaced or modified. Replaced or modified lighting shall conform to the provisions of this title. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2023-03, 3-14-2023)

   A.   Prohibited Vehicles:

      1.   Wrecked, Inoperable Vehicles: No owner of a lot nor any other person shall be permitted to store wrecked or inoperable vehicles on any lot or on any street.

      2.   Oversized Vehicles: No oversized vehicle is to be left unattended on any street. An oversized vehicle is any vehicle ninety inches (90") in width. (Ord. 2002-02, 1-17-2002)

   B.   Screening Requirements: RVs, motorized construction equipment, 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 and any other vehicle parked on any residential lot, unless garaged must be operable and registered. They must be parked on the side or behind the residence and screened from view from any adjacent street or residence.

      1.   Screening by wooden fences or non-deciduous trees or combination of both of sufficient height to screen objects located inside from normal public view and must meet all setback requirements of this title.

      2.   Walls or fences that are in harmony with the house style and must meet setback requirements of this title.

      3.   A zoning permit is required prior to any placement of screening. (Ord. 2019-03, 4-16-2019)

   A.   Permit Required: Fences and walls require a permit and/or must be included on a site plan.

   B.   Height Restrictions:

      1.   Fences and walls shall have a maximum height in Residential Zones of six feet (6') and shall have a maximum height in Commercial Zones of eight feet (8').

      2.   Wall and fence height will be measured from ground level; if there is a difference in grade due to a step or retaining wall, then the height shall be measured for the height from the high side.

   C.   Materials Restricted:

      1.   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.

      2.   The use of barbed wire, concertina wire, razor ribbon, or other barbed type obstacles is prohibited. (Ord. 2002-02, 1-17-2002)

      3.   Intermediate wood horizontal guards in railings shall not be permitted on elevated platforms over thirty inches (30") high on balconies, decks, elevated catwalks and walkways. (Ord. 2008-05, 7-15-2008)

   D.   Gates: Entry gates shall be located behind the front yard setback line and shall not exceed fourteen feet (14') in height and twenty feet (20') in width. (Ord. 2002-02, 1-17-2002)

   E.   Retaining Walls Over Four Feet: (Rep. by Ord. 2005-01, 1-20-2005)

   F.   Swimming Pools And Hot Tubs: All outdoor swimming pools, jacuzzis, and hot tubs shall be completely enclosed by a wall or fence at least six feet (6') in height with self-closing devices on all access gates. Jacuzzis and hot tubs may use locking covers.

   G.   Tennis Courts: Tennis courts may have chainlink fences a maximum height of twelve feet (12'), provided they shall be located to the side or to the rear of the principal building.

   H.   Opaque Fences And Walls Required: Screening by an opaque fence or wall of sufficient height to screen objects located inside from normal public view shall be required for:

      1.   Service yards (not over 6 feet high).

      2.   Fuel tanks.

      3.   Trash containers.

      4.   Utility substations. (Ord. 2002-02, 1-17-2002)

The following provisions shall apply to all Village zoning districts, except where specifically referenced, to only Residential or only Commercial Zoning Districts:

   A.   Colors, Styles And Materials: Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the Village. Exterior details should be used to enhance the facade of all new commercial structures. Features such as prominent entryways featuring stone, large timbers and glass, awnings, and moldings are all encouraged.

   B.   Building Scale: New commercial buildings should be in proportion to adjacent structures. For proposed structures that are significantly larger than adjacent structures, design elements should be incorporated to make the building compatible with the smaller buildings.

   C.   Multiple Building Projects: For commercial projects with multiple buildings, the structures should be designed with a common architectural theme using common design elements and same materials.

   D.   Building Materials: For new commercial construction, the following materials are required for exterior finishes: natural or cultured stone, stucco, wood, brick and textured concrete masonry. These materials may be used in architecturally compatible combinations. (Ord. 2002-02, 1-17-2002)

   E.   Building Roofs: A minimum twelve inch (12") overhang is required unless inappropriate to the house style. Parapet walls shall not require an overhang. Roofs shall have muted colors and be made from or of nonreflective and nonglossy material that has a low sun reflective value (SRV) of less than forty percent (40%), as shown by manufacturer's test data. When such data is unavailable, compliance will be determined by a comparison of samples where data is available. Reflective roofing materials are not permitted on any permanent structure. Reflective materials include not only roof coverings but also include protuberances such as vent pipes and air management equipment from the roof structure. Such protuberances must be painted to match or complement the color of the roof covering material. Paint must be nonreflective/nonglossy and have an SRV of forty percent (40%) or less. Regardless of SRV rating, all roofs that are white, gray, silver, aluminum or similar in color and reflectance are prohibited. All wooden shake shingle roof material or similar are prohibited. Test method standards: ASTM E903, C1549 total solar reflectance (%) percentage value SRV or ASTM E1980 for solar reflectance index SRI. (Ord. 2008-05, 7-15-2008; amd. Ord. 2013-07, 8-13-2013)

   F.   Mechanical Design: All heating and other mechanical equipment mounted on the building must be screened from view by an architectural element of the building or painted to match the building.

   G.   Building Service Areas: Areas for loading and unloading, trash collection and disposal, and utility services must be located away from or screened from view from all public rights-of-way. All automobile service bays must be located to the rear of the building. All screening treatment should be made of and colored the same as the predominant materials and color of the building. (Ord. 2002-02, 1-17-2002)

   H.   Intermediate Wood Horizontal Guards: Intermediate wood horizontal guards in railings shall not be permitted on elevated platforms over thirty inches (30") high on balconies, decks, elevated catwalks and walkways. (Ord. 2008-05, 7-15-2008)

   A.   Private roadways and driveways shall not be constructed so as to drain onto the street. Driveways shall not have a slope that exceeds twelve percent (12%), unless the lot configuration requires a driveway slope exceeding twelve percent (12%), in which event, parking space shall be provided for a minimum of two (2) vehicles out of the street right-of-way unless an encroachment permit is requested and granted. See subsection 9-7-4A1a of this chapter for parking space dimensions. Said parking spaces shall be constructed to provide a minimum of six feet (6') from the edge of the roadway to the parked vehicle to allow for snow removal. (Ord. 2005-01, 1-20-2005)

   B.   Commercial uses may be located along private roadways within Commercial Districts. If said private roadway or driveway is a cul-de-sac, no commercial lot or use shall be more than five hundred feet (500') from a dedicated right-of-way. (Ord. 2002-02, 1-17-2002)

   C.   Any commercial property owner requiring a utility connection that requires the cutting into pavement, concrete or compacted material for the purpose of acquiring service, shall be responsible for the replacement of material and compaction of same. (Ord. 2006-03, 1-19-2006)

   A.   Purpose: This section is intended to provide property owners with fuel modification measures to be used to create an area around structures, property, and the community known as defensible space. Defensible space provides firefighters a working environment that allows them to protect privately held land within the community from encroaching wildfires as well as minimizing the chance that a structure fire will escape to the surrounding wildland. This section applies to any person or entity who owns, leases, controls, operates, or maintains any structure in, upon, or adjoining any mountainous area, forest- covered lands, brush-covered lands, grass covered lands, or any land that is covered with flammable material, and located within the Village of Angel Fire. In addition, this section is not to exclude fuel modification of vacant lots where no structure is present for the reasons of not negatively impacting a neighboring property's defensible space and to reduce the overall fire hazard in that area.

   B.   Definitions:

    dbh: Diameter at breast height.

   DEAD/DOWN: Any vegetation to include trees, shrubs, limbs that is either standing or on the ground and is no longer living. Standing dead is often referred to as "snags".

   DEFENSIBLE SPACE: 1. A natural and/or landscaped area around privately held land to include structures, vacant lots, and common areas within the community that has been maintained and designed to reduce fire danger. Defensible space reduces the risk that fire will spread from one area to another, including to a structure.

2. The area within the perimeter of a parcel where basic wildfire protection practices are implemented, providing the key point of defense from an approaching wildfire or escaping structure fire.

   FUEL: Vegetation and combustible man-made objects are fuel for fires. Even the structure itself is considered fuel. Research and experience have shown that fuel reduction decreases fire danger and increases the survivability of structures, surrounding vegetation and ultimately human life. Good defensible space allows firefighters to protect and save property safely without facing unacceptable risk to their lives. Fuel reduction through vegetation management is the key to creating good defensible space.

   FUEL MODIFICATION: Creating defensible space through vegetation management means reducing the amount of fuel, providing separation between fuels, and/or reshaping retained fuels by trimming. Defensible space can be created by removing dead vegetation, separating fuels, and pruning lower limbs. By arranging trees, shrubs, and other fuels in a way that makes it difficult for fire to transfer from one fuel source to another does not mean cutting down all trees and shrubs, or creating a bare ring of earth across the property.

   GROUND FUELS: Loose surface litter on the soil surface, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches that have not yet decayed enough to lose their identity; also grasses, forbs, low and medium shrubs, tree seedlings, heavier branches and downed logs.

   INTERMIX: Where structures and vegetation intermingle.

   LADDER FUELS: Flammable materials between the ground and the tree canopy (a single tree or stand of trees) that can carry a fire vertically between or within a fuel type. Ladder fuels are typically composed of immature trees, shrubs, or branches.

   STRUCTURE: Any structure used for support or shelter of any use or occupancy.

   WILDLAND URBAN INTERFACE (WUI): The zone of transition between unoccupied land and human development.

   C.   General: The wildland fire risk in the Village of Angel Fire requires and recommends various degrees of fuel modification which have been established into four (4) separate zones and pertain specifically to properties with structures. Together these zones range from zero feet (0') to one hundred plus feet (100'+) and have mandatory requirements and recommendations listed in subsection I of this section. Vacant lot requirements and recommendations are in subsection H of this section.

   D.   Treatment: Fuels are all combustible materials within the wildland urban interface or intermix including, but not limited to, vegetation and structures. Treatment includes limbing, lopping, pruning or cutting. Specific treatments will be determined by the Angel Fire Chief of Fire/EMS, or his/her designee on a case by case basis and upon request.

      1.   Ground and ladder fuels within specific fuel modification zones shall be treated or removed.

      2.   Dead material within sixty feet (60') of the structure shall be removed and live vegetation shall be thinned and pruned.

      3.   Dead and/or downed fuels within the first two (2) fuel modification zones shall be removed in order to maintain the fuel modification area. More detailed information regarding standing dead specifications are outlined in subsection I of this section.

      4.   Vegetation and/or shrubs under trees within fuel modification Zones 1 and 2 shall be maintained at a height not to exceed three feet (3').

   E.   Combustible Materials: Other combustible material shall be removed from Zone 1 or stored in a suitable area as approved by the Angel Fire Chief of Fire/EMS, or his/her designee. Examples of combustible materials are: woodpiles, brush piles, grass mulching, and tree debris.

   F.   Existing Structure(s): All existing structures may be subject to an inspection based on the community assessments of the community wildfire protection plan.

   G.   New Structures: All new structures shall comply with this section.

   H.   Vacant Lot; Requirements: Vacant lots, a lot without any structure, shall be maintained free of dead vegetation; shrubs beneath trees shall be no greater than three feet (3') in height; ladder fuels shall be removed (up to 6 feet from ground); and all dead/down trees shall be removed, except lots greater than or equal to one acre are granted an allowance up to three (3) snags (greater than 12 inches dbh and 30 feet in height per acre) for wildlife habitat, if such snags or any one of them are more than one hundred feet (100') from any neighboring structures. (It is recommended to remove trees from vacant lots that are less than 12 inches dbh in order to maintain a healthy 15 foot spacing between tree stems that are greater than 12 inches dbh. Additional fuel reduction recommendation: Ponderosa pine should have 14 feet - 16 feet tree spacing and mixed conifer should have 16 feet - 18 feet tree spacing.)

   I.   Fuel Modification Requirements And Recommendations:

 

   J.   Implementation And Exclusions:

      1.   Compliance: Effective June 1, 2019 any person or entity who owns, leases, controls, operates, or maintains any structure in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass covered lands, or any land that is covered with flammable material, and located within the Village of Angel Fire shall fully comply with this section within the designated timeframe based upon the amount of property the person or entity owns, leases, controls, operates, or maintains as described in table A of this subsection. Compliance with this section shall be accomplished in the percentage stages set forth below.

      TABLE A

 

      2.   Exclusions: Any vacant land that is not readily accessible by a Village of Angel Fire maintained roadway is excluded from this section. This includes areas known and designated as Chalets 3, 3A, 3B, 5, and 6 of the Village of Angel Fire Subdivision Map, October 1989.

   K.   Penalties: The penalty for non-compliance with a violation of this section shall be in accordance with subsection 9-6-1E of this title. (Ord. 2019-07, 5-14-2019)

   A.   Transfer To The Village; Prerequisites For Increased Water Use:

      1.   Any person who applies for new municipal water services or who increases the number of bedrooms to an existing dwelling or who changes the use of an existing business that requires an increase in water consumption shall be required to transfer consumptive water rights to the village of Angel Fire in quantities sufficient to meet the water demand of the project, including any line loss. The applicant may meet the water rights transfer requirements of this section by paying a fee in lieu of the transfer in a fee amount sufficient for the village to purchase additional water rights to meet the water demand of the new commercial business or the newly created residential lot.

      2.   No new municipal water service connection or increase in water use shall be approved or made by the village until an application for service has been signed and completed by the property owner and there has been a completed transfer to the village of water rights or the water rights transfer requirements of this section have been met.

         a.   A complete transfer includes conveyance of the water right to the village, a deed showing ownership of the water right(s), an approved application of the office of the state engineer (OSE) for transfer of ownership, and a full or partial change in the place of use and purpose of use and point of diversion that is approved by the OSE.

         b.   The applicant shall bear the costs associated with the transfer of ownership.

         c.   The applicant shall pay a one time five hundred dollar ($500.00) fee for the village to perform its due diligence in determining the validity of the water right(s) that the applicant proposed to transfer. This fee shall be waived if the applicant pays a fee in lieu of transferring water rights.

         d.   The village has the exclusive discretion to approve or disapprove any proposed water rights transfer to the village.

         e.   By resolution, the village council shall set the fee in lieu of charge per acre-foot of consumptive water right acquisition fee.

      3.   The requirements of this section for transfers of water rights shall be restricted to new commercial water service connections and to water service, which has been terminated for more than two (2) years. Such requirements do not apply to reconnection or renewal of service which has been terminated for less than two (2) years, or to water rights which have been previously purchased by or transferred to the village water system and approved by the OSE. This would include all residential subdivisions covered by the transfer agreement with the Angel Fire Resort. If the active service increases the use of water, the increase in water usage between the previous use and the increased use must be transferred. Increased use is determined by first computing the average water use of the current user for the past two (2) years based on water bills with the village; that average is then compared to the calculated new use based on a water budget prepared by a licensed engineer. The difference between these two (2) values shall be the additional consumptive water right, if any, to be transferred to the village.

      4.   The amount of water rights which shall be required to be transferred under this section shall be calculated on an acre- foot consumptive use basis, plus an additional ten percent (10%) of the consumptive use amount to compensate the village for line losses associated with each connection. Completion of such transfers shall be contingent on the approval for such transfer to the village under the rules, regulations and procedures of, and in compliance with, the state water laws and this code. All costs incurred in connection with any such transfer shall be borne by the applicant.

   B.   Water Rights Disclosure Statement Required For New Subdivisions: All new subdivisions must include a disclosure statement to prospective buyers the amount of water rights to which each lot is limited according to amount of water rights transferred to the village by the subdivider, a minimum transfer of one-third (1/3) acre-foot per dwelling unit is required to be transferred.

   C.   Annexations:

      1.   In order to evaluate the impact on the village's water supply, all property owner initiated annexations will be considered upon submittal of a water plan submitted by the property owner(s) requesting annexation. Annexations to the town may be approved only after the village has evaluated the impact of the proposed annexation on the pumping and distribution system and on the availability of water rights.

      2.   The village may determine that a property or area to be annexed will not have an impact to the village's water supply if such property or area has its own public or private water supply, or such property or area is beyond the service area of the municipal water supply and can be served through the future installation of a public or private water supply. (Ord. 2005-04, 7-18-2005)

   D.   Building Permits:

      1.   The village shall not issue a building permit to any applicant for a building permit until all water and water rights requirements of this section are satisfied.

      2.   This restriction shall not apply to building permits issued by the village, which do not require an increase in water use for existing water service (or lots not within the water service area). (Ord. 2015-01, 11-17-2015)

   E.   Transfer Of Water Rights Does Not Waive Any Other Requirement For Water Services: The transfer of any water rights to the village, wherever applicable, in no way abolishes any requirement of connection fees or any other requirements of the village regarding the water system.

   F.   Application; Calculation Of Water Rights: All persons requesting a change in use and/or increase in use shall complete an application for service prior to receiving building permit approval and shall submit a water budget prepared by a licensed engineer. The village administrator, or his designee will review that water budget for concurrence. At the time a building permit is issued, the applicant shall pay all applicable fees as required by this section.

   G.   Regulation Of Water Consumption: It is unlawful for any person to divert and/or consume more water than allowed by the person's water service agreement with the village without first transferring to the village additional water rights in an amount sufficient to the person's water demands. (Ord. 2005-04, 7-18-2005)

   A.   Any applicant applying for a building permit for new commercial construction that is requested adjacent to a dedicated right(s) of way that has a width less than sixty feet (60') shall be required to dedicate sufficient land to create thirty feet (30') of right of way from the centerline of the right(s) of way.

This additional right of way shall run the length of the subject property along all existing right(s) of way adjacent to the subject property.

   B.   Any applicant applying for a building permit for new commercial construction that is requested adjacent to a public access easement that has a width less than sixty feet (60') shall be required to maintain the required setback plus sufficient land to create thirty feet (30') of access from the centerline of the existing public access easement.

This additional land shall run the length of the subject property along all existing sides of the subject property adjacent to the existing easements.

   C.   No building permits will be issued for new commercial construction that is adjacent to a private access easement except for those locations that have secured planned unit development approval or site plan approval from the village council as required by this zoning code.

   D.   Any applicant applying for a building permit for residential construction that is requested adjacent to a dedicated right(s) of way that has a width less than sixty feet (60') shall be required to dedicate sufficient land to create thirty feet (30') of right of way from the centerline of the right(s) of way.

   E.   Any applicant applying for a building permit for residential construction that is requested adjacent to a public access easement that has a width less than sixty feet (60') shall be required to maintain the required setback plus sufficient land to create thirty feet (30') of access from the centerline of the existing public access easement.

   A.   Purpose: The purpose of this Ordinance is to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the Village of Angel Fire enacts reasonable regulations and requires compliance with laws for the retail sale, cultivation and manufacturing of cannabis or cannabis products in a cannabis establishment or cannabis testing facility and the cultivation, processing and manufacturing of cannabis in a primary residence. Nothing in this Ordinance is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of cannabis or cannabis products in violation of any applicable law.

   B.   Rules OF Construction Of This Section: The section will be construed pursuant to the definitions, authority and restrictions in Chapter 4, Laws of New Mexico, 2021, the Cannabis Regulation Act (CRA) and the DEE Johnson Clean Indoor Air Act § 24-16-1 et seq. NMSA 1978. (Dee Johnson Act)

   C.   Definitions:

 

 

   D.   Cannabis Prohibited On Public Property:

      1.   The use, sale, cultivation, manufacture, production, storage or distribution of cannabis or cannabis products is prohibited on property that is occupied, owned, controlled, or operated by the Village of Angel Fire.

      2.   It is unlawful for an individual to smoke cannabis or consume cannabis products on property that is occupied, owned, controlled, or operated by the Village.

      3.   It is unlawful for an individual to smoke cannabis or consume cannabis products in any open space in the Village of Angel Fire.

      4.   It is unlawful for an individual to smoke in a public place in the Village of Angel Fire.

   E.   License/Certificate of Occupancy; Penalty/Continuing Violations: A Cannabis Establishment must obtain from the Village a certificate of occupancy and a business license before occupying any premises. Failure to do so will be punishable, upon conviction, by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100.00) and by imprisonment for not more than fifteen (15) days and for a second or subsequent offense shall be punished by a fine of no less than one hundred dollars ($100.00) or no more than five hundred dollars ($500.00) or by imprisonment for up to ninety (90) days, or both. Violators may be cited for each day of violation.

   F.   Use Penalties: Any person, upon conviction of violation of division D. of this section will be punishable by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100.00) and by imprisonment for not more than fifteen (15) days and for a second or subsequent offense shall be punished by a fine of no less than one hundred dollars ($100.00) or no more than five hundred dollars ($500.00) or by imprisonment for up to ninety (90) days, or both. (Ord. 2021-09, 10-12-2021)

   A.   Temporary cellular unit means any cellular communication structure, vehicle, trailer mounted apparatus, or device that is part of a system authorized by the Federal Communications Commission that is used to temporarily provide service where an existing tower/antenna for cellular communication is not operable for one or more of the following reasons:

      1.   The existing tower/antenna for cellular communication use is damaged or destroyed other than by the intentional act of the owner or agent; or

      2.   A demolition or construction permit has been issued on a building site that includes an existing mounted cellular antenna, monopole cellular tower, or other cellular communication tower/antenna.

   B.   Temporary cellular unit is permitted by right in all districts. A permit shall be obtained for a temporary cellular unit and it shall be valid for thirty (30) calendar days. This permit may be extended for an additional thirty (30) calendar days.

   C.   Temporary cellular units are permitted by right in all districts in conjunction with a special events permit. Temporary cellular units shall be permitted for any event with a projected attendance over one thousand (1,000) people.

   D.   Commercial crop production uses shall not be permitted service by the Village of Angel Fire water department. (Ord. 2024-04, 12-24-2024; amd. Ord. 2025-02, 4-8-2025)