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Anthony City Zoning Code

CHAPTER 150

LAND USE REGULATIONS AND ZONING

§ 150.001 TITLE.

   This chapter shall be known and titled as the “City of Anthony, New Mexico, Land Use Regulations and Zoning Ordinance” and shall be referred to as “this chapter”.
(Ord. 2010-018, passed - -)

§ 150.002 AUTHORITY AND INTENT.

   (A)   This chapter is created pursuant to the authority set forth in NMSA §§ 3-21-1 et seq., 3-21-5 and 4-57-1 et seq., and this chapter is intended to create orderly, harmonious and economically sound development in order to promote the health, safety, convenience and general welfare of the citizens of the city. These regulations are necessary to provide adequate open spaces for light and air; avoid undue concentrations of population; preserve the city’s environmental resources; secure safety from fire, panic and other dangers; help control congestion in the streets and public ways; facilitate adequate provisions for community utilities and facilities such as transportation, water, sewer, schools and parks; encourage the location of compatible uses of land; provide for proper floodwater runoff; and enhance the appearance of the landscape, as specifically referenced in the city’s master plan.
   (B)   The regulations are intended to achieve the following goals in the master plan:
      (1)   Protect city residents from possible hazardous effects of uncontrolled land uses;
      (2)   Allow the entrepreneur and investor the options to select areas and locations suitable for their intended purposes with the understanding that standards and regulations are necessary to protect the environment and the properties of others;
      (3)   Allow the community of the city, which is in an advanced state of development, to adopt more conventional zoning processes for land use by forming zoning districts; and
      (4)   Permit developers the opportunity to permanently designate land uses within their developments and to set standards for those land uses.
(Ord. 2010-018, passed - -)

§ 150.003 OVERVIEW.

   (A)   The purpose of this chapter is to achieve land use policies and actions delineated in the 2010 City Master Plan. This chapter implements the 2010 City Master Plan actions that recommend mapped zoning districts for Community Districts as well as Village Districts. Mapped districts are intended for communities that are experiencing rapid growth and will use traditional zoning districts, while historic communities will be able to continue their unique character with standards to maintain traditional development patterns in Village Districts.
   (B)   These district standards recognize the need and desirability of allowing for diversity in land use patterns to accommodate rural, suburban and urban development; and to encourage entrepreneurship and creativity in new development and economic growth.
(Ord. 2010-018, passed - -)

§ 150.004 LAND USE DESIGNATIONS.

   The following terms and their meanings are used throughout this chapter:
   (A)   LAND USE CLASSIFICATION. How the land is used.
   (B)   COMMUNITY DISTRICT. Larger areas of the city that are partially developed and have been experiencing rapid growth and land use changes in the last ten years; contains mapped zoning districts. Note: a developer of vacant land proposed for multiple uses and phased development may request the establishment of a Community District as provided in this chapter.
   (C)   ZONING DISTRICT. A zoning category used in the Community District or Village District, such as R-1, single-family residential uses. A zoning district must have specific boundaries.
   (D)   PERFORMANCE DISTRICT. Areas outside the mapped zoning districts: in the Performance District, land uses are permitted, provided the land use meets specific development standards, including buffer requirements. Some uses will require a public hearing via the planned unit development process.
   (E)   PLANNED UNIT DEVELOPMENT PROCESS. Overlay zones that may be created using the planned development process outlined in § 150.156
   (F)   VILLAGE DISTRICT. Zones that are created in communities that have historical significance and are townsites platted prior to 1930; special development standards and limited land use classifications are applicable.
(Ord. 2010-018, passed - -)

§ 150.005 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “lot” includes the words “plot”, “parcel” and “tract”; the word “building” includes the word “structure”; and the word “shall” is mandatory and not directive. Any words not herein defined shall be constructed as defined in the statutory and common laws of the state. If not defined therein, then as defined in accordance with the Webster’s Unabridged Dictionary, latest edition.
   100-YEAR FLOOD. A flood having an average frequency of occurrence in order of once in l00 years, although the flood may occur in any year.
   ACCESSORY BUILDING. A minor building that is located on the same lot as a principal building and is used incidentally to a principal building or houses an accessory use.
   ACCESSORY MOBILE HOME. A subordinate mobile home that contains not more than 1,000 square feet.
   ACCESSORY STRUCTURES. Any structure that does not meet the definition of “accessory building”.
   ACCESSORY USE. Incidental or subordinate to the principal use of a parcel of land or are uses commonly associated with the principal use and integrally related to it. Some examples are private garages on residential properties, storage sheds on residential properties and barns on agricultural properties.
   ADULT ENTERTAINMENT. An establishment that:
      (1)   Provides amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas;
      (2)   Features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment;
      (3)   A book or video store having the substantial or significant portion of its trade in books, magazines, periodicals or other materials that are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or
      (4)   A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises.
   AFFECTED AREA. An area that is or might be detrimentally impacted by a proposed land use.
   AGRICULTURAL PACKING AND WAREHOUSING. A facility used for the storing, sorting, cleaning, sacking or transshipment of agricultural products. Does not include processing functions. SORTING AND CLEANING means handling to the generally recognizable minimum level of marketability.
   AGRICULTURAL PROCESSING PLANT. A facility used for the cooking, freezing, dehydrating, refining, bottling, canning or other treatment of agricultural products that changes the naturally grown product for consumer use. May include warehousing and packaging as secondary uses.
   AGRICULTURE. Any use of land for the growing and harvesting of crops for sale or profit, or uses that are directly ancillary to the growing and harvesting of crops, which is the exclusive or primary use of the lot, plot, parcel or tract of land; including processing crops to the generally recognizable minimum level of marketability; or the open range grazing of livestock; or irrigated pasture for grazing livestock.
   AIRPORTS, HELIPORTS and LANDING FIELDS. Any area of land that is used, or intended for the use, of the landing and taking off of aircraft; and appurtenant areas that are used, or intended for use, by airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
   ANTENNA. A structure designed to radiate and/or receive radio frequency (RF) emissions. An ANTENNA design includes, but is not limited to, the following:
      (1)   Monopole, dipole, discone;
      (2)   Horizontally and vertically polarized TV and FM, yagi;
      (3)   Mesh or solid parabolic;
      (4)   Array, phase array and others protected by a radome; and
      (5)   Shaped-element.
   APARTMENT. A building in which the rooms are arranged in suites; multi-family housing.
   AREA OF NOTICE. For all applications requiring that notice is given to the surrounding property owners, the AREA OF NOTICE shall be 300 feet from the edge of the parcel or parcels included in the application, with the distance to be extended until ten property owners are identified, with a maximum extension of one mile.
   ARTERIAL, MAJOR. Provide higher speed travel and mobility for long distance trips. These roads function within the region or community to carry large volumes of traffic to minor arterials and collector routes. Access may be limited by medians. Design standards, as outlined in the city subdivision regulations, incorporated in Chapter 151, shall apply.
   ARTERIAL, MINOR. Serve a mobility function for longer-distance trips but handle moderate volumes of traffic at moderate speeds. MINOR ARTERIALS provide connections to collector routes, which serve communities and local areas. Access from some major traffic generators is allowed to MINOR ARTERIALS. Design standards, as outlined in the city subdivision regulations, incorporated in Chapter 151, shall apply.
   AUTO WRECKING YARD. Any place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for the dismantling or storing of such motor vehicles or the parts thereof.
   BASE FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year.
   BED AND BREAKFAST. A residence built expressly for, or converted to, renting rooms to paying guests and providing breakfast to paying guests on a short-term (daily or weekly) basis. The residential appearance of the structure is maintained. This definition does not include a hotel, motel or boarding house.
   BOARD OF TRUSTEES. The elected governing body of the City of Anthony.
   BOARDING HOUSE. A residence consisting of at least one dwelling unit with more than two rooms that are rented, or intended to be rented, to longer term residents on a monthly basis, as distinct from transient residents staying overnight or on a weekly basis.
   BUFFER. An area of land, including landscaping, beams, walls, fences and building setbacks, that is located between land uses and intended to mitigate negative impacts upon adjoining property.
   BUILDING. Any structure that is enclosed by means of walls and a roof, generally intended for use as a working storage or dwelling place.
   CEMETERY. A burial place or grounds.
   CHANNEL. Any arroyo, stream, swale, ditch, diversion or watercourse that conveys flow of water.
   CITY PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission appointed by the governing body.
   CLEAR SIGHT TRIANGLE. Specified areas along intersection approach lanes and across their included corners that are to be free of obstructions that might block a driver’s view of potentially conflicting vehicles. Requirements for maintaining a clear sight triangle are outlined in § 150.172 and Appendix E, attached to the ordinance incorporated herein.
   CLINIC. An establishment where patients are not lodged overnight but are admitted for outpatient services.
   CLUB. Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational propose.
   COLLECTOR STREET. A roadway that carries traffic from local to the arterial streets and highways.
   COLUMBARIUM. A structure of vaults lined with recesses for cinerary urns.
   COMBINATION USE. A use consisting of a combination on one lot of two or more primary uses separately listed on the land use classification matrix (incorporated in §§ 150.205 and 150.206) for either the Performance District, the Community District, the Village District or the planned unit development overlay zone. The development standards for the more intensive of the primary uses on a parcel shall be applied by the Zoning Administrator in reviewing site plans for development of a COMBINATION USE.
   COMMERCIAL FEED LOT. Any tract on which the principal use is the raising of, or the concentrated feeding of, livestock, fowl or any other edible animals; the sale of such animals; or the sale of products derived from such animals. Does not include dairies.
   COMMUNITY COMMERCIAL. A parcel of land used for shopping or services generally used for several neighborhoods or a larger part of the community. See the land use matrix in §§ 150.205 and 150.206 for specific uses allowed in this zone.
   COMMUNITY DISTRICT. A rapidly urbanizing area of the county with existing and/or planned community water and/or sewer systems and commercial uses. Established by procedures outlined in this chapter. Area with mapped zoning districts as set forth in this chapter.
   CONDOMINIUM. A building, or group of buildings, containing three or more dwelling units with separate entrances but sharing common structural elements, including walls and roofs.
   CONSTRUCTION. The act of breaking ground and erecting a building or structure, as defined elsewhere in this section.
   CONSTRUCTION DEBRIS LANDFILL. An area of land used to dispose of non-organic used building materials, concrete, dirt, removed paving material and gravel must meet all state and federal regulations affecting ground water protection.
   DAIRY. An area of land on which cows are kept for the purpose of producing dairy products in commercial quantities, as well as the related buildings, equipment and processes.
   DENSITY. The number of families, persons or housing units per unit of land, usually expressed as “per acre”.
   DEVELOPMENT. A project involving property improvement and usually a change of land use character within the site. All development standards within this chapter and the design standards for the specified use shall apply.
   DRIVEWAY. A point of vehicular access between a right-of-way or easement and an abutting property.
   DWELLING UNIT. Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the Building Code, for not more than one family.
   EASEMENT. A property owner’s grant of specific purpose, use or uses on that owner’s land that does not abridge the right of the fee owner to the use and enjoyment of that land. An EASEMENT may be for use by the general public, a corporation of a certain person or persons.
   ELEVATION CERTIFICATE. A certificate issued by the County Floodplain Administrator in order to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings. It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate and to support a request for a letter of map amendment or revision (LOMA or LOMR-F).
   FAMILY. Persons related by blood, marriage, adoption or a congregate of ten or less.
   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security.
   FIRE LANE. Any area appurtenant to a building deemed necessary by the Fire Marshal, or his or her designee, to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him or her as such. May include sidewalks, driveways, portions of parking lots or any other area adjacent to or near a building or fire hydrant, as required by the Fire Marshal.
   FLOOD. A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder’s property) from: overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source; mudflow; or collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a FLOOD, as defined above.
   FLOOD INSURANCE RATE MAP (FIRM). Official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community.
   FLOODPLAIN. Any area susceptible to flooding by water from storm runoff as designated on the “Flood Boundary and Flooding Map” prepared by the U.S. Department of Housing and Urban Development, or similar maps prepared by the U.S. Army Corps of Engineers, Federal Emergency Management Agency (FEMA) or other similar agency, or per the Flood Commissioner’s designation based on findings of fact.
   FLOOD PROOFING CERTIFICATE. A certificate issued by the County Floodplain Administrator in order to ensure a non-residential building has been designed and constructed to be watertight (substantially impermeable to floodwaters) below the BFE. A FLOOD PROOFING CERTIFICATE is not applicable for a residential structure.
   FLOODWAY. A watercourse channel and that portion of the adjoining floodplain required to provide for the passage of a 100-year flood.
   FLOODWAY FRINGE AREA. An area immediately adjacent to the limits of a floodway.
   GARAGE. A building or portion thereof, other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term REPAIRING shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
   GARAGE AND YARD SALES. The sale of used clothing, household goods and other personal items, generally sold in residential land use areas.
   GARBAGE. Any animal or vegetable waste that is liable to decompose or rot resulting from the handling, preparation, cooking or consumption of foods, offal, scum, dregs, sediment, sweepings, trash, debris, remains and dross.
   GARBAGE DISPOSAL. The disposing and covering or incineration of garbage at a sanitary landfill site.
   HOME OCCUPATION. An occupation conducted within a residential property that is clearly incidental and secondary to the use of that property, as regulated in this chapter.
   HOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.
   INDUSTRIAL, HEAVY. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses, and manufacturing or other enterprises which produce external effects (such as smoke, noise, soot dirt, vibration, odor and the like) or which pose significant risks due to the use or storage of explosives or radioactive materials, or of poisons, pesticides, herbicides or other hazardous materials in reportable quantities under the standards of the Environmental Protection Agency.
   INDUSTRIAL, LIGHT. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials, including a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food paper products (but not the manufacture of paper for pulpwood), musical instruments, medical appliances, tool or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles or any other product of a similar nature. LIGHT INDUSTRY is capable of operation in such a manner as to produce minimal if any external effects from the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor and the like.
   INFRASTRUCTURE. Construction such as, but not limited to, streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, water, sewer and gas systems or parts thereof.
   INTENSITY. The degree to which land is used; usually refers to the levels of concentration or activities in use.
   INTERSTATE HIGHWAY. A U.S. Interstate Highway in the city limits, such as I-10.
   JUNK YARD. The use of premises for the open storage of old, wrecked, non-operable, dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof; scrap building materials, scrap contractor’s equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material.
   KENNEL. A commercial establishment for the breeding, sale, grooming or boarding of small animals and household pets.
   LABORATORY. A building, or group of buildings, that are located facilities for scientific research, investigation, testing or experimentation, but not including facilities for manufacture of products for sale.
   LANDSCAPING. An area that has been improved through the harmonious combination and introduction of trees, shrubs and ground cover, which may contain natural topping materials, such as boulders, rock stone, granite or other approved material. The area shall be void of any asphaltic or concrete pavement except where walks are allowed.
   LAND USE. Any activity that is subject to the regulation of this city that is conducted on, below and/or in the space above the surface of the earth to a height of 500 feet within the boundaries of the city.
   LEGAL DESCRIPTION. A metes and bounds description of a parcel of land filed in accordance with the requirements of the state.
   LIVESTOCK. All domestic animals that are included in the classes of horses, asses, mules cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervideae (deer and elk). This definition does not include feline or canine animals.
   LOT. A tract or parcel of a portion of a subdivision or other parcel of land described by metes and bounds and held in separate ownership, as shown on the records in the County Clerk’s office.
   LOT WIDTH. The distance between side lot lines measured across the rear of the required front yard, parallel to the street or access easement.
   MANUFACTURED HOME. A single-family dwelling with a heated area of at least 864 square feet, and measuring at least 36 feet by 24 feet, constructed in a factory to the standards of the U.S. Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code (UBC), as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act (NMSA, Chapter 60, Article 14) and with the regulations made pursuant thereto relating to ground level installation.
   MINIMUM BUILDING ELEVATION. The elevation to which uses regulated by this chapter are required to be elevated that could be reached by the 100-year flood if it occurred under conditions existing at the time this chapter was passed, plus one foot to allow for encroachments permitted by the establishment of a floodway.
   MOBILE HOME. As defined by the Manufactured Housing and Zoning Act, NMSA §§ 3-21A-1 et seq. (1995), or any future enactment that revises or substantially replaces said Act.
   MOBILE HOME PARK/SUBDIVISION. A parcel of land on which five or more mobile homes are located, either free of charge or for revenue purposes.
   MODULAR HOME OR HOUSING UNIT. A standardized factory-fabricated transportable building module not having a chassis or wheels of its own which is designed and constructed in accordance with all applicable local building codes and is intended to be placed on a permanent foundation meeting all local zoning codes and to be used by itself or incorporated with similar units at a building site. MODULAR HOMES can be used for residential or for commercial uses when located in appropriate zoning districts.
   MOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation.
   MULTIPLE-FAMILY DWELLING UNIT. A building designed for two or more families.
   NEIGHBORHOOD COMMERCIAL. Includes retail sales and services, personal services and business and office services generally intended to serve a neighborhood of up to a one-mile radius. The scale of development and traffic generated is accommodated by access to a collector street. Permitted uses should be buffered from adjacent residential uses and are outlined in the land use matrix in §§ 150.205 and 150.206.
   NIGHT CLUB. A place of entertainment where alcohol may be served.
   NURSING HOME. A home for the aged or infirm in which three or more persons are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
   OLD PLAT. Plats that were recorded prior to adoption of subdivision and platting standards in 1973.
   OPEN SPACE. A publicly or privately owned and maintained ground area that satisfies visual and physiological needs of the community for light and air; covered with vegetation, game courts, non-vehicular paths or associated buildings.
   OWNER. Any person, association, partnership or corporation that has dominion over, ultimate control of or title to real property.
   PARCEL. See definition of LOT.
   PARKING SPACE, OFF-STREET. An area not in a street or alley and having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway that affords ingress and egress for a vehicle.
   PAVEMENT STRUCTURE. The combination of sub-base, base course and/or surface course placed on a sub-grade to support the traffic load and distribute it to the roadbed.
   PERFORMANCE STANDARD. Areas of the city, as described in this chapter, with land use regulations based on the intensity of a land use and its compatibility with adjacent uses. Areas designated as a Performance District by this chapter and designated on city zoning maps have a “P” before the last use category to distinguish them from the Community District “C” or Village District “V”.
   PERSON. Any individual, estate, trust receiver, cooperative, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
   PERSONAL SERVICES. Uses such as beauty shops, barbershops, dry cleaners, mailing services, self-service laundromats and similar uses that provide service to the public individually.
   PRIMARY DWELLING UNIT. A single-family dwelling unit, which dwelling unit is the first constructed on a given lot or the larger of two dwelling units on a given lot.
   PRIMARY USE. A land use listed in the land use classification matrix in §§ 150.205 and 150.206 for the Performance District, Community or Village District or planned development overlay zone, which occupies the greater portion of a lot or parcel, or is the more intense use of two uses on a lot or parcel.
   PRINCIPAL BUILDING. The primary building on a lot, or a building that houses a primary use.
   PRIVATE PROPERTY. Property that is privately owned, but where numbers of persons work, live or congregate from time to time for any purpose, where the parking of motor vehicles or presence of other obstructions can interfere with the ingress and egress of emergency vehicles (police, fire, ambulance) for the protection of persons and property thereon, and shall include, but not be limited to, shopping centers, bowling lanes, theaters, hospitals, clinics, churches, factories, schools, lodging houses, convalescent homes, hotels and public halls. PRIVATE PROPERTY shall not include single-family dwellings, duplexes, quadplexes and condominiums.
   PRIVATE PROTECTIVE COVENANTS. A private agreement that binds and restricts the land in the hands of present owners and subsequent purchasers. They are enforced only by the landowners subject to the protective covenants and not by the city or other public agencies.
   PROCESS. A series of acts of changes proceeding one to the next; a method of manufacturing or conditioning; or to submit something to a treatment or preparation.
   PUBLIC PROPERTY. Property owned by any political subdivision not specifically exempted by state or federal law.
   QUASI-JUDICIAL CASES. All variances, planned unit development permits and appeals.
   REFUSE. Any solid waste material discarded from residential, commercial or industrial operations.
   RECREATIONAL VEHICLE. A vehicle on wheels with sleeping, cooking and washing or sanitary facilities designed to be used as a temporary dwelling unit; and defined as a RECREATIONAL VEHICLE by the State Motor Vehicle Code, being NMSA §§ 66-1-1 et seq.
   RECREATIONAL VEHICLE PARK (RV PARK). A parcel of land where travel trailers or other non-permanent types of shelters are erected or maintained for temporary recreational camping activities. Permitted related buildings and facilities may include an office, delicatessen and/or grocery store, laundry facilities, showers, bathrooms and playgrounds to be operated during operating hours of the park for the patrons of the park. Individual sites shall be not less than 600 square feet in area, not including any required roadways or walkways.
   RETAIL. The sale of consumer goods directly to the user of the product; may include storage of goods sold in sufficient quantities to meet daily need. May also include sale in large-size packages used as pricing incentives.
   SANITARY LANDFILLS. Locations where trash, garbage and organic materials are buried and maintained in accordance with local, state and federal regulations.
   SATELLITE PARKING. Off-street parking used as a carpooling site or parking lot adjacent to commercial sites where the subject site does not provide adequate parking spaces as required by this chapter.
   SERVICE STATION. Any land, building, structure or premises used for the sale of fuel for motor vehicles or installing or repairing parts and accessories, but not including the replacing of motors, bodies or painting of motor vehicles and excluding public parking garages.
   SETBACK. The minimum distance between the property/lot line and the foundation, wall or mainframe of a building or structure or any projection thereof measured from the exterior lot line to the greatest projection. If multiple lots are held within the same ownership, the outside perimeter of all lots combined may be used to determine the SETBACK line. Where a site abuts a road or highway having only a portion of its required right-of-way (R.O.W.) width dedicated or reserved for roadway purposes, SETBACKS shall be measured from the line establishing the additional width required for R.O.W. purposes. Where a site abuts an easement for access or a private access road is located within the boundary lines of the site, the SETBACK shall be measured from the easement or from the private road. On a site that is not rectangular or approximately rectangular in shape, the required SETBACKS shall be measured in a manner prescribed by the Zoning Administrator.
   SHOPPING CENTER. A group of commercial business establishments operated as a unit with off-street parking provided on the property, and related in location, size and types of shops to the trade area that the unit serves.
   SINGLE-FAMILY DWELLING UNIT. Any housing unit designed for the use of one family that has a private, ground-level entrance and a private outdoor space for the use of the residents of such dwelling units.
   SPECIAL FLOOD HAZARD AREA. An area of land that would be inundated by a flood having a 1% chance of occurring in any given year (previously referred to as the base flood or 100-year flood).
   SPECIAL USE PERMIT (SUP). Authorization of a land use specifically requiring a SPECIAL USE PERMIT under the provisions of this chapter, due to the potential for the use to have a negative impact on adjacent or surrounding properties, depending upon the particular circumstances associated with the use and the property.
   SPECIFIED ANATOMICAL AREAS. Less than completely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernable turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES. Includes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
   STABLE. A building having stalls or compartments where domestic animals, such as horses, ponies and cattle, are sheltered and fed.
   STADIUM. A large building with tiers of seats for spectators at sporting or other recreational events.
   STRUCTURAL CHANGE. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders.
   STRUCTURE. All construction, including residences, commercial buildings, free standing walls, antennas, signs, towers, bridges, culverts or similar uses, that may require a building permit issued by the city.
   SUBDIVISION. See subdivision regulations of the City of Anthony, New Mexico, incorporated in Chapter 151, as amended.
   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a building when the cost of the improvement equals or exceeds 50% of the market value of the building before start of construction of the improvement.
   TOWER. Any structure whose principal function is to support an antenna.
   TRACT. See definition of LOT.
   UNDEVELOPED LOT. A real estate parcel in which no building structure has ever been erected.
   VACANT LOT. A real estate parcel in which no building structure is erected.
   VARIANCE. A grant of permission by the City Zoning Administrator, City Planning and Zoning Commission or the governing body that authorizes the recipient to do that which, according to the letter of this chapter, he or she could not otherwise legally do.
   VETERINARY CLINIC. A location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment.
   VILLAGE DISTRICT. A district created under the terms of this chapter with mapped zones; the area of a townsite platted in the city prior to 1930 that has been designated a VILLAGE DISTRICT within the terms of this chapter.
   WATERCOURSE. Any stream, arroyo or drainway having a channel that gives direction to a flow of water.
   WHOLESALE. The sale of goods to a person or company who may sell products to the ultimate consumer. Includes the sale of products in bulk for further repackaging.
   ZONING ADMINISTRATOR. The City Director of Community Development, or the Director’s designee.
(Ord. 2010-018, passed - -)

§ 150.006 APPLICABILITY AND JURISDICTION.

   This chapter is applicable within the city limits. In developing city land for public purposes, no zoning, variance, planned use development or other land use classification or public hearings will not be required of the city.
(Ord. 2010-018, passed - -)

§ 150.007 LEGAL NON-CONFORMING USES.

   (A)   Intent.
      (1)   Within the zoning districts established by this chapter or zoning districts that may be established in the future, there exist:
         (a)   Lots;
         (b)   Structures;
         (c)   Uses of lots and structures; or
         (d)   Land uses.
      (2)   Any of the items listed in division (A)(1)(a) through (A)(1)(d) above that were lawful before this chapter was passed but would now be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto are legal non-conforming. This includes all existing uses approved though special use permits up to May 1993; and all uses approved through interim use permits from May 1993 through the effective date of this chapter.
      (3)   These legal non-conforming uses shall be allowed to continue, but any enlargement, expansion or extension of the non-conforming use or structure will be permitted only upon the non-conforming use or structure being brought into compliance with the requirements of this chapter. Structures may be maintained and remodeled, but not enlarged unless in conformance with this chapter; except that buildings that are expanded by less than 30% of the original floor area are exempt from the buffer and landscaping requirements of §§ 150.080 through 150.086.
      (4)   The provisions of this chapter apply to all lots, construction (including enlargement, expansion or extension of existing structures) and uses of land and/or structures that are not protected as legally non-conforming under this section. Low intensity residential development will be permitted with proof of existing access. All other development must meet all standards of this chapter, including applicable access standards.
   (B)   Abandonment. Whenever a legal non-conforming use has been discontinued for a length of one year or more, such non-conforming use shall not thereafter be re-established and any future use shall be in conformance with the provisions of this chapter unless closed by order of a federal or state agency. Such time of closure shall not count when determining the period of abandonment.
   (C)   Construction approved prior to enactment. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a county building permit was issued prior to adoption of this chapter or amendments thereof.
   (D)   Status of special use permits or interim use permits and lands with previously approved zone changes or legal conforming uses. Lots, structures or land uses that were developed in accordance with previous zoning ordinances shall be “legal conforming” uses and may continue in operation under the standards required by the special use permit, interim use permit or zone change previously approved. Expansion must conform to the original site plan as approved. Undeveloped parcels that received zone changes or interim use permits under previous zoning ordinances in 1993, 1994 and 1995 may be developed in accordance with standards and conditions approved by the applicable zone change, or permit of three years after the date of this chapter. Thereafter, these parcels must comply with the standards effective in this chapter. Undeveloped parcels that received special use permits prior to May 1, 1993, and are still undeveloped as of the effective date of this chapter must conform to the requirements of this chapter. Major changes in previously approved site plans that will increase traffic volumes, density or land use, drainage requirements or water and wastewater requirements will be required to be approved by the Zoning Administrator, after review by appropriate and state agencies. The Zoning Administrator may establish forms and procedures for certifying the legal non-conforming status of properties; or the legal conforming status of properties. It is the responsibility of the property owners to furnish documents to the Zoning Administrator establishing the legal non-conforming status of the land or buildings.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.020 COMMUNITY DEVELOPMENT DEPARTMENT.

   (A)   The Community Development Department (CDD) shall consist of the CDD Director as its executive head and those employees of the city under his or her supervision and direction.
   (B)   The CDD Director shall act as Zoning Administrator or appoint a Zoning Administrator to administer the provisions of this chapter, and in addition thereto and in furtherance of its authority, the CDD Director shall:
      (1)   Receive, review, file and approve applications for land uses when said land uses are in conformance to the provisions of this chapter;
      (2)   Report to the City Planning and Zoning Commission (P&Z) and to the City Board of Trustees, in a form appropriate to each, the applications received and approved by the CDD and post on the appropriate maps the location and uses permitted;
      (3)   Receive, review, analyze, file and bring to the P&Z applications for zone changes, variances, planned unit developments and site plans for its review and disposition in accordance to the provisions of this chapter;
      (4)   Present to the P&Z recommendations concerning changes and amendments to this chapter, and to receive its recommendation and call said recommendation to the city’s governing body for its final disposition;
      (5)   Receive, file and present to the P&Z appeals by any person or persons aggrieved with any decision handed down by the CDD;
      (6)   Receive, file and present to the governing body appeals by any person or persons aggrieved with any decision handed down by the P&Z;
      (7)   Maintain current and permanent records of this chapter, including, but not limited to: maps, zone changes, variances, amendments to this chapter, non-conforming uses, appeals and applications, including the recording of district amendments and planned unit developments on the official zoning maps. Maintain minutes of meetings of the Planning and Zoning Commission;
      (8)   Provide technical assistance as may be required by the P&Z or the City Board of Trustees to exercise their respective duties;
      (9)   Provide and maintain public information services relative to matters arising out of this chapter;
      (10)   Decide, make recommendations and administer all matters pertaining to this chapter upon which the CDD Director is required to act;
      (11)   Receive, review and recommend approval or denial of subdivisions and replats to the P&Z as provided for in Chapter 151;
      (12)   Review and recommend changes or amendments to the comprehensive plan to the P&Z;
      (13)   Maintain data on population growth, land use, demand for public services and public facilities and report to the P&Z and the governing body periodically;
      (14)   Carry out special studies and prepare plans for land use and development of public facilities as directed by the Mayor, P&Z or City Board of Trustees;
      (15)   Maintain computer database files, geographic information system maps and databases;
      (16)   Review all building permits for compliance with the provisions of this chapter;
      (17)   Review all permits for mobile homes and recreational vehicles for conformance with this chapter; and
      (18)   Require the Building Inspection Department to route building and mobile home and recreational vehicle permits for parcels located within a FEMA-designated floodplain to the Flood Commission Engineer for an elevation certificate.
(Ord. 2010-018, passed - -)

§ 150.021 BUILDING PERMITS/MOBILE HOME INSTALLATION PERMITS/ELEVATION CERTIFICATES.

   (A)   Building permits. A building permit shall be required for all construction within the city as specified in the Uniform Building Code. All building permit applications submitted to the City Building Inspections Department shall be reviewed in accordance with the most current Uniform Building Code in effect and subsequent amendments thereto. Additionally, all building permit applications shall be reviewed for compliance with the requirements of this chapter and Chapter 151 for delinquent taxes and for compliance with all other applicable state and local laws. A permit or certificate of occupancy may be refused until complete compliance with all such laws and requirements is demonstrated. A building permit application may be approved only if the contents of that application meet the standards of the most current Uniform Building Code in effect, and subsequent amendments thereto, and also, only if the contents of that application meet the standards of this chapter and related city ordinances dealing with fire, flood, traffic, safety and grading.
   (B)   Mobile home installation permits. Mobile home installation permits shall be required for the placement of all mobile homes and recreational vehicles intended for continuous occupancy for more than six months in the city. All applications for mobile home installation permits shall be submitted to the City Building Inspections Department for review. All mobile home installation permit applications shall be reviewed for compliance with the most current installation and location standards for the placement of mobile homes in effect and subsequent amendments thereto, including the requirements of this chapter. A mobile home installation application may be approved only if the contents of that application meet the installation and location standards for the placement of mobile homes and recreational vehicles in effect at the time of application.
   (C)   Elevation certificate.
      (1)   Construction within a Federal Emergency Management Agency (FEMA)- designated floodplain may not be started until the applicant has provided an elevation certificate that has been accepted by the appropriate city office - Flood Commission Engineer. Designs for construction in the floodplain must be prepared by a professional engineer licensed in the state.
      (2)   The acceptance of an elevation certificate and related information will not constitute a presentation, guarantee or warranty of any kind or nature by the city or by any political subdivision, or by an officer or employee of any of them, of the practicability or safety of any structure or activity, and will create no liability upon or cause of action against any public body, officer or employee for damage that may thereby result.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.022 SITE PLAN REVIEW AND APPROVAL.

   (A)   Purpose and intent. For the purpose of ensuring that land uses or construction projects that are considered during the terms of this chapter are compatible with this chapter, no persons shall commence any use or construction without first obtaining approval of a detailed site plan as set forth below. Site plans for multi-family dwellings or apartments and non-residential uses (commercial, industrial and institutional) shall be prepared by a professional engineer, architect or surveyor who is licensed in the state.
   (B)   Principles and standards of review. The Zoning Administrator shall approve said site plan only after determining the following:
      (1)   The proposed use is permitted as required by this chapter;
      (2)   The dimensional arrangement of the buildings and structures within the lot that the site plan is prepared, conform to the development standards of this chapter; and
      (3)   The lot that is the requested location for the proposed use has been created in compliance with state statutes and city ordinance governing the division of land.
   (C)   Detailed site plan requirements. A detailed site plan shall consist of a scale drawing at a scale of not less than one inch equals 100 feet, containing the following information:
      (1)   Location and dimensions of the affected property, including legal description;
      (2)   Location of all existing and proposed utility easements, including septic and wells where applicable;
      (3)   Location, arrangements, numbers and dimensions of all existing and proposed parking facilities, turning spaces, driveways, aisles and pedestrian walkways and truck loading facilities within the property;
      (4)   Name and location of all streets adjacent to the property and all proposed points of ingress and egress; the traffic volumes and number of lanes on adjacent streets;
      (5)   Size, location and setbacks of all existing and proposed structures within the property and abutting the property;
      (6)   Location, dimensions and capacity of all proposed and existing drainage structures or easements;
      (7)   Location and dimensions (height, width, area of face of sign) of all proposed signs;
      (8)   Location, dimensions and intensity in lumens of all proposed exterior lighting to assure that light will not project glare onto adjacent property;
      (9)   Indicate grade differences (spot elevations, contours and the like) and show actual elevations and reference benchmarks used;
      (10)   Location, dimensions and capacity of any watercourse(s) that has an intermittent or ephemeral flow;
      (11)   Location, dimensions and materials used for proposed landscaping and buffering;
      (12)   Additional data in report form may be required for uses with a potential to impact residential development abutting the property or within a 300-foot radius of the property with noise, odor, vibration or concussion, smoke, fumes, chemical usage or emissions, dust, glare or increased fire danger.
         (a)   In order to determine impact, the applicant shall submit a summary of commercial or industrial operations that will generate noise, vibration, odor, smoke, dust or chemical usage at levels above residential standards or safety levels specified in state or federal environmental regulations. The applicant shall disclose what state and federal environmental regulations and standards apply to the proposed use. The applicant shall demonstrate how the development will comply with applicable state and federal environmental regulations.
         (b)   All wholesalers and manufacturers shall submit a hazardous materials impact analysis and shall make available, upon request, copies of all material safety data sheets and tier- one reports, and other similar safety forms and data, which will be required to be prepared or maintained in connection with the proposed operation. At the request of the County Fire Marshal or the Director of the office of Emergency Management, a hazardous materials impact analysis prepared by an independent consultant shall be submitted.
      (13)   A grading and drainage plan shall be required for medium- and high-intensity residential (CR-2, CR-3 and VR-2) and all non-residential land uses (CC-1, CR-2, CR-3,VC-l and VR- 2). A grading plan shall also be required for low-intensity residential uses (CR-l, CR1-M and VR-1), providing the following:
         (a)   Entire development or a portion thereof lies within a FEMA special or flood hazard area or other flood hazard area, as determined by the DAC office of the Flood Commission, if appropriate, for review and comment;
         (b)   Grades within the area to be developed in excess of 4%; or
         (c)   A major arroyo, stream or channel exists within the area to be developed.
   (D)   Review and approval for denial procedures. Upon receipt of a complete site plan, the Zoning Administrator shall follow these procedures:
      (1)   For low and medium intensity residential uses in the Performance District:
         (a)   Route copies of the site plan to Building Inspection, City Engineering and Flood Commission, if appropriate, for review and comment;
         (b)   Determine that the site plan meets the development standards required by this chapter;
         (c)   Mark the site plan approved, or approved with conditions, and transmit to building inspection for use in issuing building permit or mobile home permit; and
         (d)   Mark the site plan denied if it does not meet requirements of this chapter.
      (2)   For all other uses in the Performance District:
         (a)   Publish notice in a newspaper of general circulation of the location, proposed land use classification and owner or applicant’s name. Make the proposed land use and site plan documents available to the public for review. Provide signs to be posted on the property by the property owner. Publication must be placed in the newspaper 15 days prior to approval of the site plan. Signs must be posted on the property for 15 days prior to approval of the site plan;
         (b)   Route copies of the site plan to affected state agencies for review and comment;
         (c)   Grant approval of the site plan with conditions as required to meet the standards and policies of this chapter and the comprehensive plan; and
         (d)   Deny the site plan if it does not meet requirements of this chapter and the comprehensive plan.
   (E)   Effective date and term of approval.
      (1)   Approval of site plans for low-intensity residential uses becomes effective the date signed by the Zoning Administrator. Such approvals shall remain valid until a building permit is issued or until a revised site plan is approved.
      (2)   Approvals of site plans for medium- and high-intensity residential use and all non-residential uses shall become effective on the date that it is signed by the Zoning Administrator.
      (3)   Approvals of site plans for medium- and high-intensity residential and all non-residential uses shall remain valid for one year after the effective date. If no building permit is issued, or no land use established within one year, the approval shall be void. A one-time renewal may be requested in writing for extension of the approval for up to one additional year.
      (4)   In granting the extension, the Zoning Administrator shall consider whether development of adjacent properties has taken place that would change the required buffers or other conditions approved with the original site plan. If so, review of the request and re-notification of agencies and publication of notice is required, as stated in division (D)(2) above.
      (5)   Certificates of occupancy will not be issued until all requirements, including, but not limited to, the structure, parking, buffering and landscaping, comply with the approved site plan. Once a certificate of occupancy is issued, a business registration shall be obtained for non-residential uses.
   (F)   Revisions of site plans.
      (1)   The Zoning Administrator may approve minor revisions to an approved site plan. Minor revisions include rearrangement of buildings, parking areas, walkways or landscaping that does not affect access, circulation, drainage or grading. Changes in land use to include similar uses to those originally proposed shall be minor revisions.
      (2)   Major revisions will require a new administrative approval, new agency review and publication of notice in a newspaper of general circulation. Major revisions include: change in land use classification that changes the intensity and buffers required; increase in number of buildings or number of parking spaces; change in access, internal or external circulation; change in drainage facilities or grading plans.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.023 ESTABLISHMENT OF THE PLANNING AND ZONING COMMISSION (P&Z).

   (A)   There is hereby established a planning and zoning commission (P&Z), consisting of five members who shall be appointed by the Mayor and approved by a majority of the Board of Trustees. On the first Planning and Zoning Commission, a majority of the members shall be appointed for one-year terms and the balance of the members shall be appointed for two-year terms. Each subsequent term of a member on the Planning and Zoning Commission shall be for two years in order to maintain the original staggering of terms of membership. At the completion of his or her term, members may be re-appointed by the Mayor with the approval of a majority of the Board of Trustees. Members shall not receive compensation for performing their duties, but may be reimbursed for training or attendance at conferences upon prior approval by the Mayor.
   (B)   The Planning and Zoning Commission, being duly appointed, shall:
      (1)   Adopt by-laws for the election of officers, conduct of meetings and establishment of operations of the Commission;
      (2)   Receive, hear and make final determinations on applications for variances and planned unit developments as prescribed for by, and subject to, the procedures established herein, and report said determinations to the Board of Trustees. Receive, hear and make determinations to the Board of Trustees on approval or denial of zone change requests;
      (3)   Receive, hear and make recommendations to the Board of Trustees on requests for amendments and changes to this chapter;
      (4)   Hear and make disposition on appeals for the interpretation of meaning of terms used in this chapter and assist and guide the CDD on its implementation of matters pertaining to land use regulations;
      (5)   Hear and make disposition on appeals to actions taken by the CDD. The P&Z may affirm, modify or reverse actions of the CDD and Zoning Administrator;
      (6)   Report to the Board of Trustees on matters requested by it;
      (7)   Review and recommend changes and amendments to the comprehensive plan to the Board of Trustees;
      (8)   Review and make recommendations for approval or denial of subdivision plats and replats to the Board of Trustees, as provided for in Chapter 151; and
      (9)   Carry out special studies and prepare plans for land use and development of public facilities as directed by the Board of Trustees.
(Ord. 2010-018, passed - -; Ord. 2011-13, passed 7-6-2011)

§ 150.024 DUTIES OF THE BOARD OF THE GOVERNING BODY.

   The City Board of Trustees shall:
   (A)   Receive recommendation on requests for amendments to this chapter from the Planning and Zoning Commission, hear and make final determinations upon matters in the manner prescribed by and subject to the procedures established herein and other ordinances. Receive and hear recommendations, and make final determination on requests for zone changes or initial zoning of lands, including the creation of Community Districts;
   (B)   Act as the Board of Appeals, receive and hear all written requests for appeals by any person or persons aggrieved by the decisions of the Planning and Zoning Commission concerning variances and other matters relating to the administration and enforcement of this chapter and make final disposition of such appeals;
   (C)   Instruct the CDD and P&Z, from time to time, to make studies or initiate studies and draft reports concerning issues arising from this chapter and from other land use practices; and
   (D)   Receive, review, modify and adopt amendments to the comprehensive plan.
(Ord. 2010-018, passed - -)

§ 150.025 APPLICATION AND HEARING PROCEDURES.

   (A)   Generally. A schedule of fees to be charged for the various applications and services under this chapter, which are designed to partially defer the costs of administering and enforcing this chapter, shall be established by resolution of the governing body. Applications for requested amendments to this chapter, zone changes, variances and planned unit development permits shall be made and reviewed according to the following procedures.
      (1)   Prospective applications shall first confer with the Community Development Department staff, which shall initially review the proposed request and shall issue the approved application forms and methods prescribed by the Department.
      (2)   The applicant shall complete and submit the approved application forms provided by the city in accordance with prescribed methods, along with the required processing fee, in advance of the time and date established as the deadline.
      (3)   The CDD shall review the application and, after consultation with and review by other agencies as appropriate, shall prepare a recommendation to be presented within 60 days before the P&Z. Said recommendation shall be supported and based on the provisions contained in this chapter, and the city master plan, and/or other applicable regulations.
      (4)   The CDD may advise and make recommendations to the applicant in an effort to arrive at a favorable recommendation but will not prevent, by any means, the applicant from making his or her request. A recommendation not to approve shall be explained and made available to the applicant five days prior to the public hearing before the P&Z.
   (B)   Public hearing notice requirements. This chapter, its amendments, zone changes, planned unit development permits and variances may become effective only after a public hearing has been held at which all interested parties and/or citizens shall have an opportunity to be heard. Signs, supplied by the Community Development Department, shall be posted a minimum of 15 working days on at least four corners of the subject property to notify adjacent property owners of the proposed land use request. Notice of the time and place of the public hearing shall be published at least 15 days prior to the date of the hearing in a newspaper with general circulation in the jurisdiction of the City Planning and Zoning Commission and, for information only, in a paper with general circulation in the geographic area where the site of the proposed action is located. Whenever a parcel, lot or area of land is to be considered for a zone change, variance or planned unit development permit, notice of public hearing shall be mailed by first-class mail to the owner, as shown by the records of the County Assessor, of lots or land within 300-foot of and in every direction from the area under consideration, excluding distances devoted to public rights-of-way. In case there are not at least ten such owners within the 300 feet distance, then the distance will be extended until ten such owners are included and notified, provided the area of notification does not exceed a one-mile radius.
   (C)   Written protest provisions. Any parties and/or citizens who object to a proposed zone change, planned unit development permit or variance may file a written protest with the CDD Director prior to the public hearing held by the Planning and Zoning Commission at which the proposed zone change, planned unit development permit or variance will be considered. The written protest shall list the names, addresses and signatures of property owners affected by the proposed change; whether the owner’s property is situated within 300 feet or more than 300 feet of the area proposed to be changed, such distance to be calculated as prescribed herein; and reasons why the property owners object to the proposed change.
   (D)   Vote requirements and effective dates. Effect of protest of 20% or more of land within area of notice for zone change. Any proposed amendment to this chapter, zone change, planned unit development permit or variance shall be approved by the following vote requirements.
      (1)   Unless otherwise specifically provided herein or by state law, approval of a proposed action shall require a favorable vote from the majority of Planning and Zoning Commission members present.
      (2)   Decisions by the Planning and Zoning Commission on requests for planned unit development permits and variances shall be final and effective after 5:00 p.m. of the tenth working day following the day of the decision and shall thereafter effect changes on the official zoning maps.
      (3)   Approval of zone change requests and amendments to this chapter shall require a majority vote of the members of the Board of Trustees.
      (4)   If the owners of 20% or more of the area of the lots and of the land included in the area proposed to be re-zoned or within 300 feet, excluding public rights-of-way, to be re-zoned protest, in writing, the proposed change in zoning, the change shall not become effective unless the change is approved by a two-thirds vote of all the members of the governing body.
   (E)   Appeals.
      (1)   Appeals of decisions of the Planning and Zoning Commission must be filed within ten working days after the date of that decision. The appeal must be in writing, citing the errors or omissions in the decision of the P&Z and must be accompanied by the required fee.
      (2)   An appeal of a Planning and Zoning Commission decision to the governing body, prepared and filed in accordance with the procedures established herein, shall stay the effective date of the decision until a decision on the appeal is made by the governing body.
   (F)   Amendments. Any proposed amendment to this chapter shall require a recommendation from the Planning and Zoning Commission and shall then require a favorable vote from the majority of the governing body members for approval.
   (G)   Limitations on re-hearing. A proposed zone change, variance or planned unit development permit that has been denied by the Planning and Zoning Commission and/or governing body on a particular tract of land for a particular purpose cannot again be applied for within one year from the date of the denial unless the new request is determined to be substantially different from the original request (i.e., zoning district use, distance, area and the like).
(Ord. 2010-018, passed - -)

§ 150.026 VARIANCES.

   (A)   Any development proposed that does not conform to any of the “standards of development” in this chapter must obtain a variance. A variance shall not be granted unless the variance is found to meet the requirements of division (B)(5) below. In granting a variance, any reasonable conditions may be imposed to minimize any adverse effects the variance might otherwise have on property within the area of notification or on the city generally.
   (B)   (1)   An application for a variance shall be submitted to the city by the owner of the property that is the subject of the variance request or by the owner’s agent. A completed copy of the application, an appropriate site plan that meets the criteria set forth in this chapter and a non-refundable filing fee shall be submitted to the Zoning Administrator.
      (2)   The Zoning Administrator may grant an administrative variance request. The governing body may grant administrative variances for clear sight triangle variances only, under the following circumstances.
         (a)   The variance would represent a deviation of 20% or less from a numerical standard.
         (b)   The Zoning Administrator finds that the request meets the standards set forth in division (B)(5) below.
         (c)   No written objections to the variance are received within 15 calendar days from the date that notice is provided consistent with § 150.025. The notice shall identify the property and state the nature of the variance requested and shall also state that, if no written objections to the variance are received within 15 calendar days of the date of the notice, the variance may be granted administratively without a hearing, and that if written objections are received within that 15-day period, the variance request will be submitted to the Planning and Zoning Commission for a public hearing upon payment of the variance fee.
         (d)   A denial by the Zoning Administrator under this division (B)(2)(d) may be appealed to the Planning and Zoning Commission.
      (3)   The Zoning Administrator shall submit all applications for variances that represent a deviation of more than 20%, along with the required site plan and the Zoning Administrator’s findings of fact and recommendations, to the Planning and Zoning Commission for the earliest hearing practicable.
      (4)   A denial of a variance by the Planning and Zoning Commission may be appealed to the governing body of the city.
      (5)   The following findings are required for approval of any variance:
         (a)   Granting of the variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the area of notice;
         (b)   Granting of the variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures or topographical or other physical conditions on the site or in the area of notice; and
         (c)   Granting the variance will uphold the spirit and intent of this chapter and accomplish substantial justice.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.027 ZONE CHANGE.

   (A)   Generally. The Planning and Zoning Commission may, from time to time, recommend changing the zoning classification of parcels of land within a zoning district. These changes in zoning classification shall be for the purpose of meeting the land use needs of the residents of the city and shall conform to the intent of the comprehensive plan. Zone changes may be initiated by the Board of Trustees, Planning and Zoning Commission, Community Development Department or by application of any person or party owning property to be considered for a zone change.
   (B)   Application for a zone change.
      (1)   An applicant for a zone change shall complete and submit the approved application form in accordance with the procedures established herein. The applicant shall be the property owner, have some controlling interest in the property or have the written consent and signature of the property owner.
      (2)   In addition, the application shall include the following information:
         (a)   The legal description and address of the property for the zone change;
         (b)   The property’s present and proposed zoning classification;
         (c)   The reasons for requesting the zone change; and
         (d)   A general site plan showing arrangement of uses proposed and the relationship of the uses to abutting streets and properties. The general site plan is for information only and is not intended to be used in approval of subsequent building plans unless required by the Planning and Zoning Commission at the hearing.
   (C)   Public hearing. No zone change shall be approved until a public hearing has been held thereon by the Planning and Zoning Commission and governing body in accordance with the procedures established herein (§ 150.025(B)).
   (D)   Hearing and decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall review, hear and recommend approval or denial of a request for a zone change. In its deliberations, the Planning and Zoning Commission shall consider all oral and written statements from the applicant, the public, the city staff and its own members. The Planning and Zoning Commission shall not recommend approval of a zone change request unless it finds the zone change is in the public interest and is in conformance with the goals of the city master plan and is consistent with the character of the surrounding area. A denial of a zone change request by the Planning and Zoning Commission shall be final unless the applicant files an appeal to the city’s governing body. Such appeal shall be sent to the Community Development Director within ten working days after the Planning and Zoning Commission’s decision and shall state the error or errors in the decision of the Planning and Zoning Commission.
   (E)   Limitations, amendments and revisions. The Planning and Zoning Commission may recommend approval or denial of a request for a zone change, or table it for not more than one regularly scheduled P&Z meeting, or for a period of time specified at the public hearing.
   (F)   Final approval or denial. The Board of Trustees, at a public hearing, shall make final approval or denial of a zone change request.
   (G)   Zoning map. Upon approval of the governing body, the new zoning classification shall be recorded on the official zoning maps of the city.
   (H)   Appeal. Appeal of a decision by the city’s governing body to approve or deny a zone change request must be filed by the affected party with the District Court within 30 days of the date of the decision.
(Ord. 2010-018, passed - -)

§ 150.028 APPEALS.

   (A)   Generally. Any person or party aggrieved by the decision of the Planning and Zoning Commission regarding site plan approvals, planned unit development permits or variances or any decision or determination made by the Planning and Zoning Commission in the enforcement of this chapter may appeal the decision or determination to the governing body, who shall act as the Board of Appeals.
   (B)   Appeal of a Planning and Zoning Commission decision.
      (1)   Any person or party aggrieved by the decision of the Planning and Zoning Commission regarding site plan approvals, or planned unit development permits, or variances, may appeal the decision to the city governing body.
      (2)   The appeal shall be submitted, reviewed and heard in accordance with the following procedures.
         (a)   The appeal shall be initiated by the filing of a written notice with the City Community Development Department prior to 5:00 p.m. on the tenth working day following the date of the decision.
         (b)   The notice of appeal shall concisely and specifically set forth, in writing, the points on which it is urged that the decision of the Planning and Zoning Commission should be set aside by the city’s governing body.
         (c)   Appeal hearings before the city’s governing body shall be de novo hearings, and may include review and consideration of the record and of any new evidence submitted to the Board prior to or during the hearing before the Board.
         (d)   The appeal shall be heard by the city’s governing body 30 days of the filing of the notice of appeal.
         (e)   Decisions on appeals by the city governing body shall be made by a majority vote unless the decision being appealed required a greater than majority vote of the Planning and Zoning Commission. In which case, the increased vote requirement shall be applicable to the decision by the city governing body on the appeal.
         (f)   The governing body may approve, deny or reverse the decision of the Planning and Zoning Commission, or make such modification upon the appeal as it deems necessary, in order to protect the public interest. The decision shall be based on a finding of fact.
   (C)   Quasi-judicial nature of appeals.
      (1)   Appeals of variances and planned unit development permits or site plans are quasi-judicial matters.
      (2)   Hearings on appeals shall include the following procedures.
         (a)   A person or group filing an appeal shall include a written “statement of appearance”, giving the name and address of the person making the appeal, signed by the person or the person’s agent. This statement will constitute an appearance of record.
         (b)   The parties to a quasi-judicial matter shall be any of the following who have entered an appearance of record:
            1.   The applicant or applicant’s agent;
            2.   The owners, as shown on the records of the County Assessor, of lots comprising the application site and lots within the area of notice of the original action;
            3.   Any neighborhood association with a demonstrable interest in the matter being appealed;
            4.   The representatives of any department or agency of the city that may be affected by the application; and
            5.   Any person whom the P&Z or the city’s governing body determines to have an interest in the subject matter of the hearing.
         (c)   A party shall be afforded the opportunity to present evidence and argument, to question and to cross-examine witnesses on all relevant issues. The Planning and Zoning Commission, the city’s governing body, may impose reasonable limitations on the number of witnesses heard and on the nature and length of testimony and questioning to avoid unnecessary and duplicative testimony and assure that testimony and questioning is relevant to the case.
         (d)   The Zoning Administrator, and/or the Planning and Zoning Commissioners, and/or the Board of Appeals, may question witnesses and may request to review documents presented. The Zoning Administrator shall keep a record of all proceedings in quasi-judicial matters heard by the Planning and Zoning Commission. The City Clerk shall keep a record of all proceedings in quasi-judicial matters heard by the Board of Appeals.
         (e)   All testimony shall be made under oath or affirmation.
   (D)   Appeal of a decision or determination of the City Community Development Department.
      (1)   Any person or party that is aggrieved with the decision or determination made by the city staff in the enforcement of this chapter may appeal the decision to the City Planning and Zoning Commission.
      (2)   The appeal shall be submitted, reviewed and heard in accordance with the following procedures.
         (a)   The appeal shall be initiated by the filing of a written notice with the Community Development Department within ten working days from the date of the decision being appealed.
         (b)   The notice of appeal shall concisely and specifically set forth in writing the points on which it is urged that the decision or determination of the city staff should be set aside by the City Planning and Zoning Commission.
         (c)   The appeal shall be heard by the City Planning and Zoning Commission following the filing of the notice of appeal.
         (d)   In making a decision on the appeal, the City Planning and Zoning Commission shall consider only those concise and specific points on which the appellant, in the written notice of appeal, urges the Planning and Zoning Commission to set aside the decision of the city staff. The Planning and Zoning Commission shall consider all oral and written statements from any member or members of the city staff affected by the appeal.
         (e)   A decision to deny or approve the appeal shall require a majority vote of all City Planning and Zoning Commission members. The decision shall be based on findings of fact that are made a part of the record of the meeting.
   (E)   Public notice. Public notice shall be given in the same manner as required for the action being appealed.
   (F)   Appeal of a decision by the city. Any person or party aggrieved with the decision of the Board of Trustees may present the decision to any court of competent jurisdiction for court review within 30 days in the manner required by state law.
   (G)   Appeal to governing body. Appeals of decisions by the Planning and Zoning Commission to the city’s governing body shall be accompanied by a non-refundable fee as specified by the City Planning and Zoning Commission.
(Ord. 2010-018, passed - -)

§ 150.040 AUTHORITY OF THE GOVERNING BODY.

   The governing body may, from time to time and in accordance with NMSA §§ 3-21-1 et seq., and pursuant to other state statutes and case law, on its own motion, on the recommendation of the City Planning and Zoning Commission or on petition, as provided for in this section, amend, supplement or repeal all or any part of this chapter and/or the boundaries of districts as established under this chapter.
(Ord. 2010-018, passed - -)

§ 150.041 PUBLIC HEARING REQUIRED.

   No zoning regulation, restriction or zoning district boundary shall become effective, amended, supplemented or repealed until after a public hearing, held by the governing body, at which all parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the public hearing shall be published as required by state statutes and city ordinances.
(Ord. 2010-018, passed - -)

§ 150.042 PETITION FOR AMENDMENT.

   Any property owner, lessee, developer or any other person may, by a petition submitted through the City Community Development Department, request the governing body to consider amendments to any section of the text of this chapter or any zoning district established under this chapter. The City Planning and Zoning Commission will review the requested amendments and make a recommendation to the governing body. The governing body will consider the requested amendments at a public hearing held in accordance with the requirements as set forth in § 150.041.
(Ord. 2010-018, passed - -)

§ 150.055 PURPOSE.

   The purpose of the Performance Zone District is to allow flexibility for land use activities in the rural areas of the city, while protecting residents and property values. In the Performance Zone District, any use may be approved provided that all standards for that particular use are met and the use is consistent with the character of the surrounding areas. Standards for land uses are based on the intensity of the primary use of a parcel of land. The most intense uses with a potential impact on a larger area of the city, or its resources, than the residential or commercial uses will require approval through the planned unit development process (PUD).
(Ord. 2010-018, passed - -)

§ 150.056 LAND USE INTENSITIES.

   (A)   Specific classifications in the land use classification matrix in § 150.205 are controlling over the general descriptions of intensity classifications below. Standards for a particular land use are based on the intensity of that use. Land use intensity refers to relative measure of development impacts defined by characteristics, such as the number of dwelling units per acre and amount of site coverage.
   (B)   Land uses are categorized into the following activities:
      (1)   Low intensity:
         (a)   Residential; and
         (b)   Non-residential.
      (2)   Medium intensity:
         (a)   Residential; and
         (b)   Non-residential.
      (3)   High intensity:
         (a)   Residential;
         (b)   RMP – residential mobile home park;
         (c)   RMS – residential mobile home subdivision; and
         (d)   Non-residential.
      (4)   Planned unit development overlay zone:
         (a)   Type 1: mixed-use residential; and
         (b)   Type 2: non-residential (commercial and industrial).
(Ord. 2010-018, passed - -)

§ 150.057 DETERMINATION OF LAND USE INTENSITY.

   The classification of a particular land use must first be determined as a residential or non-residential use. The use must go through the intensity review. The review asks questions that look at potential impacts created by the proposed land use.
(Ord. 2010-018, passed - -)

§ 150.058 INTENSITY FOR RESIDENTIAL AND NON-RESIDENTIAL LAND USES.

   The following table is designed to determine a particular land use based on the intensity of the use.
 
Intensity Criteria
Determination of Land Use Intensity
Does the use have the following impacts?
Low Intensity
(See tables for specific standards.)
Medium Intensity
(See tables for specific standards.)
High Intensity
(See tables for specific standards.)
1) Minimum lot size for residential uses
6,000 square feet with a maximum of 1 dwelling unit per lot on sewer or NMED Standards for septic
9,000 square feet with a maximum of 2 dwellings per lot on sewer or NMED Standards for septic
13,500 square feet plus for 3 or more dwellings per lot on sewer or NMED Standards for septic
2) Maximum building size for non-residential uses
5,000 square feet
5,000 to 10,000 square feet
Greater than 10,000 square feet
3) Effluent discharge
2,000 gallons per day or less for domestic waste, per NMED Standards
2,000 gallons per day or more; requires a discharge permit from the state; domestic waste only, per NMED Standards
2,000 gallons per day or more requires a discharge permit from the state or connection to commercial sewer; domestic and industrial waste, per NMED Standards
4) Hazardous materials
Not allowed
Wholesale or re-sale; pre-pack sales; temporary storage incidental to primary use
Mixing, repacking or storage for transport as primary us
5) Air emissions
NMED Standards
NMED Standards
NMED Standards
 
(Ord. 2010-018, passed - -)

§ 150.059 PR-1, LOW-INTENSITY RESIDENTIAL.

   The purpose of the PR-1, low-intensity residential land use, classification is to provide standards for a single-family site-built home, manufactured home or mobile home.
PR-1, Low-Intensity Residential
PR-1, Low-Intensity Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES per the EPA
Landscaping and buffering
Not applicable
Maximum height
35 feet
Maximum number of dwellings
1 dwelling unit per lot
Minimum lot depth
70 feet
Minimum lot size
6,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
**25 feet
25 feet
5 feet
Off-street parking
2 parking spaces per lot minimum, excluding garage area. See §§ 150.181 et seq.
Permitted uses
See § 150.205, Performance District land use classification matrix
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveways
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 20 feet of driveway width for non-dedicated streets or driveways within a lot; legal non-conforming lots may be developed with existing and improved access
Signs
Not applicable
Site plan
Required
Street access
50 feet-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
**Front yard setback for primary dwelling may be reduced to 15 feet; provided the attached garage is set back 25 feet from property line.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.060 PR-2, MEDIUM-INTENSITY RESIDENTIAL.

   The purpose of the PR-2, medium-intensity residential, classification is to provide standards for two dwelling units per parcel of land.
PR-2, Medium-Intensity Residential
PR-2, Medium-Intensity Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Maximum height
35 feet
Maximum number of dwellings
2 dwelling units per lot
Minimum lot depth
70 feet
Minimum lot size
9,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
25 feet
25 feet
7 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
See § 150.205, Performance District land use classification matrix
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveways
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.061 PR-3, HIGH-INTENSITY RESIDENTIAL.

   (A)   The PR-3, high-intensity residential, classification provides standards for high density, multi-family residential land uses. Septic systems are not allowed for this land use unless approved by the NMED. Other uses such as institutional, personal services and community buildings may be included as part of a housing development.
   (B)   Application and hearing procedures per § 150.025 shall be followed for this land use category.
PR-3, High-Intensity Residential
PR-3, High-Intensity Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May required compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Maximum height
45 feet
Maximum number of dwellings
3 or more dwelling units per lot
Minimum lot depth
100 feet
Minimum lot size
   Triple or 3 dwellings
   Fourplex or 4 dwellings
Apartments complexes
 
13,500 square feet
18,000 square feet
18,000 plus square feet
Minimum lot width
100 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
30 feet
30 feet
10 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Community buildings, public or private. See § 150.205, Performance District land use classification matrix
Private access driveways
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 30 feet of driveway width for non-dedicated streets or driveways within a lot
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Signs
See § 150.180
Site plan
See § 150.022
Street access
Must be located on collector, minor arterial or principal arterial; 60-foot-wide right-of-way with 36 feet improved roadway
Additional standards, see §§ 150.170 through 150.191. From 10% up to 20,000 square feet of the total development area shall be devoted to usable open space for recreational activities. Ponding and drainage may be used to contributed to usable open space.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.062 PR-MP, HIGH-INTENSITY RESIDENTIAL, MOBILE HOME PARK.

   (A)   The R-MP classification is intended to establish standards that allow for single-wide or double-wide mobile homes equal to or greater than eight feet in width or 40 feet in length, and 11 feet in height, and recreation vehicles as licensed by the state. Application and hearing procedures per § 150.025 shall be followed for this land use category.
   (B)   Mobile homes, as defined above, and RVs are permitted in one of the following conditions in the Performance District:
      (1)   Approved mobile home park;
      (2)   Mobile home park is under unified ownership and management; or
      (3)   Central facilities for use of residents on-site are approved.
PR-MP, High-Intensity Residential, Mobile Home Park
PR-MP, High-Intensity Residential, Mobile Home Park
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May required compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
35 feet
Minimum park size
NMED Standards, if applicable
Minimum setbacks
25 feet from property line with no perimeter wall or 10 feet with a perimeter wall, per § 150.175
Minimum space depth
70 feet
Minimum space size
3,500 square feet
Minimum space width
40 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Community buildings, public or private. See § 150.205, Performance District land use classification matrix
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 30 feet of driveway width for non-dedicated streets or driveways within a lot.
Street access
60-foot-wide right-of-way or easement with 36 feet of improved roadway
Signs
See § 150.180
Site plan/subdivision plat
See DAC Subdivision Regulations, county Ord. 166-96
Additional mobile home park development standards, see § 150.178. From 10% up to 20,000 square feet of the mobile home development area shall be devoted to usable space for recreational activities. Pond and drainage may contribute to open space.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.063 PC-1, LOW-INTENSITY NON-RESIDENTIAL USE.

   The purpose of the low-intensity non-residential classification is to provide standards for non-residential land uses and agriculture that are categorized as having little or no impact on surrounding residential uses. Permitted uses include: agriculture, agricultural packing and warehousing, neighborhood commercial and personal services. Such uses are intended to serve the parking and shipping needs of farms and ranches nearby and to provide retail goods and services as well as institutional uses to a neighborhood or a small area of the county.
PC-1, Low-Intensity Non-Residential
PC-1, Low-Intensity Non-Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Landscaping and buffering
See § 150.081
Lighting
See § 150.179
Maximum building size
5,000 square feet of total gross floor area
Maximum height
40 feet
Minimum lot depth
70 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
60 feet
Minimum setbacks
   Front
   Rear
   Side
 
30 feet
20 feet (10 feet between buildings)
10 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted uses
See § 150.205, Performance District land use classification matrix, for detailed list
Ponding requirement
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.064 PC-2, MEDIUM-INTENSITY NON-RESIDENTIAL USE.

   This classification provides standards for medium-intensity non-residential land uses, such as commercial or industrial uses that serve several neighborhoods, and agriculture uses that have some impact on residential uses. Such uses assist in the economic development of the county and provide goods and services to residents of rural areas of the county. However, due to traffic, water and wastewater needs and other impacts on abutting residential lands, a larger buffer is required. This classification includes community commercial permitted land uses. Refer to the County Comprehensive Plan.
PC-2, Medium-Intensity Non-Residential
PC-2, Medium-Intensity Non-Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Landscaping and buffering
See § 150.081
Lighting
See § 150.179
Maximum building size
20,000 square feet of total gross floor area
Maximum height
45 feet
Minimum lot depth
100 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
100 feet
Minimum setbacks
   Front
   Rear
   Side
 
35 feet
30 feet (10 feet between buildings)
15 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted uses
See § 150.205, Performance District land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended from 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
Must be located along a collector, county road or state highway. 50-foot-wide right-of-way or easement with 30 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.065 PC-3, HIGH-INTENSITY NON-RESIDENTIAL USE.

   This classification provides standards for high-intensity non-residential developments, such as commercial or industrial uses that may have serious impacts on surrounding development. Each use, activity or operation classified as a high-intensity non-residential use shall comply with the applicable local, state and federal standards and shall not create a nuisance because of odor, vibration, noise, dust, smoke, visual or gas. This classification includes retail uses such as shopping centers serving a large area of the county or region; wholesale and major institutional uses.
PC-3, High-Intensity Non-Residential
PC-3, High-Intensity Non-Residential
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES per the EPA.
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
50 feet
Minimum lot depth
125 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
125 feet
Minimum setbacks
   Front
 
   Rear
 
   Side
 
60 feet or 20 feet with a 6-foot masonry wall
 
35 feet (10 feet between buildings)
 
35 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted uses
See § 150.205, Performance District land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot-wide right-of-way or easement with 36 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.080 PURPOSES.

   Buffer plantings are intended to provide transition between contrasting land uses and architectural styles, to reduce the impact of building scale and to generally mitigate incompatible or undesirable views. They are used to soften rather than block viewing and, where required, a mix of plant materials shall be used to achieve the desired effect. Screening is used where unsightly views or visual conflicts must be obscured or blocked and where privacy and security are desired. Fences and walls for screening may be constructed of wood, concrete, stone, brick and wrought iron, or other commonly used fencing/wall materials. Acoustically designed fences and walls are also used where noise pollution requires mitigation.
(Ord. 2010-018, passed - -)

§ 150.081 LANDSCAPING AND BUFFERS.

   (A)   (1)   The buffer yard is a designated unit of yard or open area together with any plant materials, barriers or fences required thereon. Both the amount of land and the type and amount of landscaping specified are designated to lessen impacts between adjoining land uses. By using both distance and landscaping, potential nuisances, such as noise, glare, activity, dirt, unsightly parking areas and so forth, will be minimized. Where a non-residential use that is hereafter developed abuts a residential (even if vacant) or agricultural land use, buffer landscaping is required to minimize noise, lighting and sight impact of the non-residential activities in the residential area. Where a medium- or high-intensity residential use is hereafter developed next to and abutting low-intensity residential or agricultural land use, buffer landscaping is required.
      (2)   Landscaping and buffer landscaping will be required within the following districts:
         (a)   Performance medium-intensity residential (PR-2);
         (b)   Performance high-intensity residential (PR-3);
         (c)   Community medium-intensity residential (CR-2);
         (d)   Community high-intensity residential (CR-3);
         (e)   Village residential; multi-family (VR-2);
         (f)   Performance low-intensity non-residential (PC-I);
         (g)   Performance medium-intensity non-residential (PC-2);
         (h)   Performance high-intensity non-residential (PC-3);
         (i)   Community Commercial and Industrial (CC-1, CR-2, CR-3 and CI-1, CI-2 and CI-3);
         (j)   Village Commercial (VC-1, VC-2 and VMU); and
         (k)   Planned unit development overlay zones.
   (B)   Low intensity residential (PR-I, CR-l, CR-IM, VR-J, VR-IM) land uses are exempt from this section.
   (C)   Unless otherwise indicated, landscaping will consist of a minimum of 15% of the total area of the proposed developed portion of the lot.
   (D)   Buffers shall be provided and maintained as set forth below in the landscaping buffer matrix in § 150.085.
   (E)   For non-residential uses, a solid wall or a solid fence at least six feet high shall be erected on sides abutting or adjacent to a low-, medium- or high-intensity residential use (PR-l, PR-2, PR-3, CR-l, CR-IM, CR-2, CR-3, VR-1 and VR-2), except for those sides abutting public rights-of-way or private roads.
      (1)   In order to allow for unobstructed vision, such wall or fence shall be three feet high in the area within 11 feet of a public way or planned public way.
      (2)   If the wall, plus retaining wall, has an effective height of over eight feet on the residential side, the Zoning Administrator, or his or her designee, shall decide the acceptable height.
   (F)   Lighting shall be placed to reflect the light away from adjacent residential districts.
   (G)   No noise, odor or vibration shall be emitted by uses outside the boundaries of a non-residential use. Such determination shall be made at the boundary of the non-residential use.
   (H)   Parking lot landscaping is intended to break up large expanses of pavement, create shade, buffer views of parking lots from adjacent streets and developments and enhance the overall appearance of each project. Landscaping of the parking area shall consist of a minimum of 15% of the total landscape area required in division (C) above and shall include a minimum of one tree per five parking spaces. All parking lots and repaving projects of existing parking lots consisting of ten or more required spaces shall be subject to these requirements.
   (I)   Trees, shrubs and other drought tolerant plant species that require minimal water should be used.
   (J)   The trees and/or shrubs shall form a largely opaque screen; however, within a clear sight triangle, the trees and shrubs shall be maintained to a height of not higher than three feet.
   (K)   The landscape buffer between any residential and non-residential use shall not eliminate the applicable requirements for a fence or wall if parking is adjacent to the landscaping strip.
   (L)   A landscape plan indicating the type, size and location of landscaping along with topography and an irrigation plan showing the type and size of pipes and heads shall be submitted in conjunction with the application for the building permit.
   (M)   The irrigation system and the landscaping shall be installed before the completion of building construction and prior to the issuance of a certificate of occupancy unless a written agreement has been approved by the Zoning Administrator.
   (N)   The owner of the landscaped property shall be responsible to maintain it in a healthy, clean, trimmed, weed-free and litter-free condition. Dead plant material shall be replaced with new plant material immediately. All plant growth in required landscaped areas shall be controlled by pruning or trimming so that it will not interfere with the installation, maintenance or repair of any public utility, nor restrict pedestrian or vehicular traffic, nor constitute a traffic hazard.
   (O)   The Zoning Administrator, or his or her designee, may approve an alternative landscaping plan that locates the buffer landscaping away from the site plan boundary line if they find that all of the following apply.
      (1)   Noise, lighting and sight buffering of the residential district can be accomplished at least as well with the alternative plan.
      (2)   The alternative landscaping plan does not result in less landscaped area than would have been required with the normal buffer landscaping strip specified in the landscaping/buffer matrix in § 150.085.
      (3)   A solid wall or solid fence at least six feet high is provided along all segments of the site plan boundary line that does not have the standard buffer landscaping strip.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.082 LANDSCAPING AND BUFFER DEFINITIONS.

   (A)   (1)   For the purposes of this section, LANDSCAPE shall mean trees, shrubs, ground covers and an irrigation system as are defined below.
      (2)   TREES means deciduous or conifer having a two-inch to two and one-half-inch caliper at the time of planting located throughout the required landscaped area. A multi-trunk tree shall have no less than three one-inch caliper trunks. A minimum of one live tree shall be provided for every 1,000 square feet of required landscaped area.
      (3)   SHRUBS means five-gallon size, to follow the nursery worker standard, which are approximately one foot in height and one foot in width at the time of planting located throughout the required landscaped area. A minimum of 20 live shrubs shall be provided for every 1,000 square feet of required landscaped area.
      (4)   GROUND COVER means grass, low shrubs or flowers but does not include asphalt, concrete or soil that is exposed and untreated located throughout the required setback area. One hundred square feet of ground cover or ten one-gallon size plants shall be provided for every 1,000 square feet of required landscaped area. Gravel and/or decorative stone shall be considered additional GROUND COVER if used with the required plant material as specified in this section.
   (B)   Substitution of plant materials may be made according to the following ratio:
      (1)   For every one two-inch tree required, equals ten five-gallon shrubs;
      (2)   For every five-gallon shrub required, equals five one-gallon shrubs; and
      (3)   For every one- two-inch tree required equals 30 one gallon shrubs.
   (C)   Irrigation systems shall consist of an underground system, automatic or manual, that includes a reduced principal backflow preventer, pipes, valves and heads and is of an adequate size to properly irrigate proposed planting.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.083 LOCATION CRITERIA.

   (A)   (1)   Of the total area required to be landscaped, one-half shall be located within the front yard setback area.
      (2)   For the purposes of this chapter, the FRONT OF THE PROPERTY shall be defined as the area between the street curb and principal structure.
   (B)   Where buildings occupy corner lots, double-fronting lots or triple-fronting lots, the owner shall locate a minimum of one-fourth of the required landscape percentage within each front.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.084 BUFFER/SCREEN TYPE REQUIRED.

   Types of buffers/screens:
   (A)   Buffer A – A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a combination wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Landscaping consisting of low water consumption plants is required. Trees and shrubs shall be located so that their outermost limbs touch at the time of maturity. Suggested planting patterns that will achieve this standard are included below. A six foot fence may be substituted for the above requirements;
   (B)   Buffer B – semi-opaque screen. A screen that is opaque from the ground to a height of three feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a combination wall, fence, landscaped earth berm, planted and/or existing vegetation. All landscaping must be composed of low water consumption plants. Trees and shrubs shall be located so that their outermost limbs touch at the time of maturity. Suggested planting patterns that will achieve this standard are included below;
   (C)   Buffer C – semi-opaque screen with a setback of not less than 25 feet. A screen that is opaque from the ground to a height of three feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet and a setback of not less than 25 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a combination wall, fence, landscaped earth berm, planted and/or existing vegetation. All landscaping must be composed of low water consumption plants. Trees and shrubs shall be located so that their outermost limbs touch at the time of maturity. Suggested planting patterns that will achieve this standard are included below;
   (D)   Buffer D – opaque screen with a setback of not less than 40 feet. A screen that is opaque from the ground to a height of six feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of special separation. The opaque screen may be composed of a combination wall, fence, landscaped earth berm, planted and/or existing vegetation. All landscaping must be composed of low water consumption plants. Trees and shrubs shall be located so that their outermost limbs touch at the time of maturity. Suggested planting patterns that will achieve this standard are included below; and
   (E)   Buffer E – opaque screen with a setback of not less than 50 feet. A screen that is opaque from the ground to a height of six feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of special separation. The opaque screen may be composed of a combination wall, fence, landscaped earth berm, planted and/or existing vegetation. All landscaping must be composed of low water consumption plants. Trees and shrubs shall be located so that their outermost limbs touch at the time of maturity. Suggested planting patterns that will achieve this standard are included below.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.085 LANDSCAPING/BUFFER MATRIX.

   The following table is the landscaping/buffer matrix.
New Use
Low-Intens ity Residential (PR-1, CR- 1, CR-1M, VR-1 and VR-1M)
Medium- Intensity Residential (PR-2 and CR-2)
High-Inten sity Residential (PR-3, PR-MP, CR-3, CR-MP and VR-2)
Low-Intens ity Non- Residential (PC-1 and CC-1)
Medium- Intensity Non-Reside ntial (PC- 2, CC-2 and VC-2)
High-Inten sity Non- Residential (PC-3, CC- 3, CI-1, 2 and 3)
Existing Use
New Use
Low-Intens ity Residential (PR-1, CR- 1, CR-1M, VR-1 and VR-1M)
Medium- Intensity Residential (PR-2 and CR-2)
High-Inten sity Residential (PR-3, PR-MP, CR-3, CR-MP and VR-2)
Low-Intens ity Non- Residential (PC-1 and CC-1)
Medium- Intensity Non-Reside ntial (PC- 2, CC-2 and VC-2)
High-Inten sity Non- Residential (PC-3, CC- 3, CI-1, 2 and 3)
Existing Use
High- Intensity Non- Residential (PC-3, CC- 3, CI-1, 2 and 3)
Buffer C
Buffer D
Buffer D
Buffer B
Buffer B
Buffer A
High- Intensity Residential (PR-3, PR- MP, CR-3, CR-MP and VR-2)
Required setbacks (§§ 150.080 through 150.086)
Buffer C
Buffer A
Buffer C
Buffer D
Buffer E
Low- Intensity Non- Residential (PC-1, CC- 1 and VC- 1)
Buffer B
Buffer C
Buffer C
Buffer A
Buffer B
Buffer D
Low- Intensity Residential (PR-1, CR- 1, CR-1M, VR-1 and VR-1M)
Required setbacks (§§ 150.080 through 150.086)
Buffer B
Buffer C
Buffer C
Buffer D
Buffer E
Medium- Intensity Non- Residential (PC-2, CC- 2 and VC- 2)
Buffer B
Buffer D
Buffer C
Buffer A
Buffer A
Buffer D
Medium- Intensity Residential (PR-2 and CR-2)
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
Buffer B
Buffer C
Buffer D
Buffer E
Vacant land, agriculture or government
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
Required setbacks (§§ 150.080 through 150.086)
 
(Ord. 2010-018, passed - -)

§ 150.086 RECOMMENDED PLANT SPECIES AREAS FOR COMMERCIAL, MANUFACTURING AND INDUSTRIAL SITE DEVELOPMENTS.

   (A)   Recommended plant species areas for commercial, manufacturing and industrial site developments (i.e., parking lots, streets):
 
Common Name
Botanical Species/Name
Brandford pear
Pyrus species
Honey locust
Gleditsia triacanthos inermis
Pistachio
Pistacia chinensis
Red oak Chinese
Quercus species
 
   (B)   Trees for residential, commercial uses, wide landscaped area uses:
Common Name
Botanical Species/Name
Common Name
Botanical Species/Name
Afghan pine
Pinus ‘Afghan’
Arizona ash
Fraxinus velutina
Arizona cypress
Cupressus arizonica
Arizona sycamore
Platanus wrightii
Arizona walnut
Juglans major
Black locust
Robinia pseudoacacia
Bradford pear
Pyrus species
Bur oak
Quercus macrocarpa
California sycamore
Platanus racemosa
Corkscrew willow
Salix matsudana ‘tortuosa’
Coyote willow
Salix exigua
Creosote tree
Larrea species
Deodar cedar
Cedrus deodara
Desert willow
Chilopsis linearis
Flowering cherry
Prunus serrulata et al
Flowering crab
Prunus armeniaca
Flowering peach
Prunus persica
Gambel oak
Quercus gambelii
Globe Navajo willow
Salix matsudana ‘Navajo’
Golden rain tree
Koelreuteria species
Green ash
Fraxinus pennsylvanica lanceolata
Mesquite
Prosopis glandulosa torreyana
Mexican elder
Sambucus mexicana
Mimosa
Albizia julibrissin
Modesto ash
Fraxinus velutina ‘Modesto’
Mountain mahogany
Cercocarpus species
Netleaf hackberry
Celtis reticulata
New Mexico locust
Robinia neomexicana
New Mexico olive
Forestiera neomexicana
Single-seed juniper
Juniperus monosperma
 
   (C)   Shrubs for residential and non-residential uses:
Common Name
Botanical Species/Name
Common Name
Botanical Species/Name
Abelia
Abelia grandiflora
Acacia
Acacia species
Agave
Agave species
Apache plume
Fallugia paradoxa
Bar harbor
Juniperus
Juniper
Blue chip juniper
Juniperus horizontalis ‘Blue Chip’
Blue point juniper
Juniperus chinensis ‘Blue Point’
Broadmoor juniper
Juniperus sabina ‘Broadmoor’
Buffalo juniper
Juniperus sabina ‘Buffalo’
Burning bush
Euonymus alatus
Cherry sage
Larrea species
Creosote bush
Lagerstroemia indica
Crepe myrtle
Lagerstroemia indica
Desert broom
Baccharis sarothroides
Forsythia
Forsythia species
Fourwing saltbush
Atriplex canescens
Fraser’s photinia
Photinia fraseri
Gold spot euonymus
Euonymous japonica ‘aurea marg.’
Gold tip pftizer
Juniper chinenesis ‘pfitzeriana aurea’
Green euonymus
Euonymus japonica
Holly
Ilex species
Indian hawthorn
Raphiolepis indica
Lilac
Syringa persica
Nandina (heavenly bamboo)
Nandina domestica
Oregon grape holly
Mahonia aquifolium
Pampas grass
Cortaderia selloana
Pfitzer juniper
Juniper chinensis ‘pfitzeriana’
Pyracantha (firethorn)
Pyracantha lalandei
Red leaf barberry
Berberis thunbergii ‘atropurperea’
Rock cotoneaster
Cotoneaster horizontalis
Sea green juniper
Juniper chinensis ‘sea green’
Silverberry
Eleagnus pungens ‘Gruitlandii’
Sotol
Dasylirion wheeleri
Spanish broom
Spartium junceum
Spartan juniper
Juniperus chinensis ‘Spartan’
Tam juniper
Juniperus sabina ‘Tam’
Texas sage
Artemisia species
Three leaf sumac
Rhus trilobata
Torulosa juniper
Juniperus chinensis ‘torulosa’
Turpentine bush
Haplopappus laricifolia
Yucca
Yucca pendula
 
   (D)   Ground covers:
Common Name
Botanical Species/Name
Common Name
Botanical Species/Name
Creeping mahonia
Mahonia repens
English ivy
Hedera helix
Green santolina
Santolina chamaecyparissus
Grey santolina
Santolina virens
Vinca major
Creeping myrtle (periwinkle)
Vinca minor
Dwarf periwinkle
Virginia creeper
Parthenocissus quinquefolia
 
   (E)   Vines:
 
Common Name
Botanical Species/Name
Banks’ rose
Rosa banksiae
Canyon grape
Vitis arizonica
English ivy
Hedera helix
Trumpet vine
Campsis radicans
Virginia creeper
Parthenocissus quinquefolia
Wisteria
Wisteria species
 
   (F)   Grasses:
      (1)   Turf lawn species:
 
Common Name
Botanical Species/Name
Bermuda
Cynodon dactylon
Fescue
Festuca species
Kentucky blue grass
Poa pratensis
Manhattan rye
Lolium ‘Manhattan’
Perennial rye
Lolium perenne
 
      (2)   General use species, low water consumption and erosion control grasses:
 
Common Name
Botanical Species/Name
Alkali sacaton
Sporobolus airoides
Blue grama grass
Bouteloua gracilis
Buffalo grass
Buchloe dactyloides
Indian ricegrass
Oryzopsis hymenoides
Needle and thread grass
Stipa comata
Sand dropseed
Sporobolus cryptandrus
 
      (3)   Ornamental grasses:
 
Common Name
Botanical Species/Name
Big bluestem
Andropogon gerardii
Purple threeawn
Aristida purpurea
Sacaton
Sporobolus wrightii
Threadgrass
Stipa tenuissi
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.100 PURPOSE.

   (A)   The Community District designation implements comprehensive plan policies that recognize that rapidly urbanizing areas of the city require more direction for land use than rural areas.
   (B)   Those areas eligible for the designation of Community District include: Anthony, Chaparral, Santa Teresa, Radium Springs, the areas around Hatch, Salem and areas between Sunland Park and the Texas state line. Other areas may be eligible if the criteria listed in the following sections are met.
(Ord. 2010-018, passed - -)

§ 150.101 ESTABLISHMENT OF COMMUNITY DISTRICT.

   (A)   Criteria for establishing a Community District shall include:
      (1)   A platted subdivision with lots less than five acres;
      (2)   The availability of community water or sewer; and
      (3)   Commercial or industrial buildings or uses.
   (B)   A Community District may be established by petition of 30% of the property owners in an eligible area or by the initiation of the Planning and Zoning Commission or by the governing body. The establishment of the boundary of the Community District shall include the area currently served by community water or sewer and/or the area planned for service within the next ten years. The boundary shall be established by public hearings and may be expanded based on the development of expanded sewer or water services or the establishment of subdivisions with lots smaller than one acre.
(Ord. 2010-018, passed - -)

§ 150.102 CRITERIA FOR PETITION BY LANDOWNERS.

   (A)   The owners of at least 30% of the property to be included in the Community District shall submit a petition to the Planning and Zoning Commission to hold a public hearing.
   (B)   The Planning and Zoning Commission may recommend additional areas to be included in the Community Zoning District based on planned expansion of water and sewer service, planned subdivisions or planned commercial or industrial activities.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.103 CRITERIA FOR PETITION BY LANDOWNER FOR NEW DEVELOPMENT; MULTI-PHASED WITH INFRASTRUCTURE TO MASTER PLAN.

   (A)   A developer with vacant land may petition for a Community District designation. The vacant land should be planned with adequate community water and sewer facilities, contain proposals for various land uses and be planned for development in phases over the next ten years.
   (B)   Minimum size of a Community District shall be determined by the extent of the planned water and sewer system to be built in the first phase of development.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.104 PROCEDURES FOR ESTABLISHING COMMUNITY DISTRICTS AND ZONES.

   (A)   The procedure for establishing Community Districts and zones shall follow the public hearing and notice requirements set forth in §§ 150.025(E) and 150.027.
   (B)   Community District zoning regulations shall not be applied until those procedures have been completed and zoning maps have been adopted.
(Ord. 2010-018, passed - -)

§ 150.105 LAND USE CLASSIFICATIONS AND GENERAL STANDARDS.

   (A)   Land uses. Land uses for the Community District are:
      (1)   Residential:
         (a)   CR-AG, community residential: agriculture;
         (b)   CR-1, community residential: single-family;
         (c)   CR-1M, community residential: single-family, mobile homes;
         (d)   CR-2, community residential: medium intensity;
         (e)   CR-3, community residential: apartments and high intensity; and
         (f)   CR-MP, community residential: mobile home park.
      (2)   Commercial:
         (a)   CC-l, community commercial: neighborhood commercial;
         (b)   CC-2, community commercial: commercial activities;
         (c)   CC-3, community commercial: regional commercial; and
         (d)   CMU, Community District: mixed use.
      (3)   Industrial:
         (a)   CI-l, community industrial: light intensity industrial;
         (b)   CI-2, community industrial: medium intensity industrial; and
         (c)   CI-3, community industrial: heavy intensity industrial.
      (4)   Planned unit development overlay zone (PUD):
         (a)   Type 1: mixed-use residential; and
         (b)   Type 2: non-residential (commercial and industrial), except borrow pits, batching plants and asphaltic mix plants.
   (B)   General minimum development standards. In addition to the standards applicable for particular zoning categories and to general development standards contained in §§ 150.170 through 150.191, the following standards are applicable for all development within the commercial and industrial land use classifications within the Performance, Community and Village Districts:
      (1)   State environment standards for liquid wastewater requirements shall apply to all permitted uses, as applicable;
      (2)   Commercial towers are classified as a planned unit development, Type 2. For standards, see § 150.156(B)(2)(k);
      (3)   Gross floor area of all buildings and structures with a roof may equal up to 60% of the total lot area, so long as all other development standards are met;
      (4)   Zero setbacks for loading docks or areas abutting railroad spur track is permitted;
      (5)   Storage: inside building or screened area only; and
      (6)   Adult entertainment uses must be located 1,000 feet from the property line of any church, school, public park or recreational facility, residential zoning district or residential use.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.106 CR-AG, COMMUNITY RESIDENTIAL: AGRICULTURE.

   The CR-AG classification is intended for farming, ranching and related uses except for those uses that, because of their nature and impact on adjoining property, are classified as planned unit development or some other classification designated by this chapter.
CR-AG, Community Residential, Agriculture
CR-AG, Community Residential, Agriculture
Buildings
Cannot be used as living quarters; 10 feet minimum spacing between buildings; no encroachment in required setbacks. See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Fences permitted by this classification
All types up to 6 feet high, except for razor- ribbon, constantina or other types that may present a hazard to the public. Such types may be used with approval from CDD Administrator
Landscaping and buffering
Minimum of 15% of lot area. See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
40 feet
Maximum number of dwellings
2 per lot or parcel
Minimum lot depth
Not applicable
Minimum lot size
NMED Standards, if applicable
Minimum lot width
Not applicable
Minimum setbacks
   Front
   Rear
   Side
Agriculture-related buildings, barns, workshops and sheds
50 feet
50 feet
20 feet
All agriculture buildings in this classification (except residences) shall be a minimum of 50 feet from all adjacent front and rear property lines except that when adjacent to public ways, they shall be not less than 100 feet
Minimum setbacks for crops and orchards
Turn rows adjacent to public roads not less than 10 feet from the public right-of-way
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Agriculture, including ranching, barns and related agriculture structures, single-family residential, community recreation and quasi- public uses and home occupations. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
See Design Development Standards
Signs
See § 150.180
Single-family dwelling units and other permitted uses
Setbacks per low-intensity residential standards
Maximum height: 35 feet
Site plan
See § 150.022
Street access
Not applicable
Uses not included
Agricultural processing, dairies, feed lots, slaughterhouses, commercial poultry raising and processing swine products
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.107 CR-1, COMMUNITY RESIDENTIAL: SINGLE-FAMILY RESIDENTIAL.

   The CR-1 classification is intended as a residential zone for single-family site built homes only in the Community District and related uses necessary to serve residential areas.
CR-1, Community Residential: Single-Family
CR-1, Community Residential: Single-Family
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
Not applicable
Maximum height
35 feet
Maximum number of dwellings
1 dwelling unit per lot
Minimum lot depth
70 feet
Minimum lot size
6,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front
   Rear
   Side
 
**25 feet
25 feet
5 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Agriculture, farming and ranching (including barns and other agriculture-related structures)
Bed and breakfast facilities
Churches and schools
Community buildings (public or private)
Greenhouses and nurseries
Group homes, nursing homes and daycare centers
Home occupations (see § 150.158)
Minor utility buildings and substations, private or public
Recreation and sports facilities
Single-family residences, site-built only
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic; legal non-conforming lots may be developed with existing and improved access
Signs
Not applicable
Site plan
Required
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
**Front yard setback for primary dwelling may be reduced to 15 feet providing the attached garage is set back 25 feet from property line.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.108 CR-1M, COMMUNITY RESIDENTIAL: SINGLE-FAMILY, MOBILE HOMES.

   The CR-1M classification is intended as a residential zone of single-family site built homes, manufactured homes or mobile homes (ground-installed) or blocked and screened in the Community District and related community services that serve a neighborhood.
CR-1M, Community Residential: Single-Family, Mobile Homes
CR-1M, Community Residential: Single-Family, Mobile Homes
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
Not applicable
Maximum height
35 feet
Maximum number of dwellings
1 dwelling unit per lot
Minimum lot depth
70 feet
Minimum lot size
6,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
**25 feet
25 feet
5 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Agriculture, farming and ranching (including barns and other agriculture-related structures)
Bed and breakfast facilities
Churches and schools
Community buildings (public or private)
Greenhouses and nurseries
Group homes, nursing homes and daycare centers
Home occupations (see § 150.158)
Minor utility buildings and substations, private or public
Recreation and sports facilities
Single-family residences, site-built and mobile homes
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic; legal non-conforming lots may be developed with existing and improved access
Signs
Not applicable
Site plan
Required
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
Front yard setback for primary dwelling may be reduced to 15 feet providing the attached garage is set back 25 feet from property line.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.109 CR-2, COMMUNITY RESIDENTIAL: MEDIUM INTENSITY.

   The CR-2 classification is intended to provide for a mixture of single-family, duplex, triplex and fourplex residences in the Community District and related residential support uses.
CR-2, Community Residential: Medium Intensity
CR-2, Community Residential: Medium Intensity
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Maximum height
35 feet
Maximum number of dwellings
4 dwelling units per lot
Minimum lot depth
70 feet
Minimum lot size
   Single-family
   Duplex or 2 dwellings
   Triplex or 3 dwellings
   Fourplex or 4 dwellings
 
6,000 square feet; or NMED Standards
9,000 square feet; or NMED Standards
13,500 square feet; or NMED Standards
18,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
25 feet
25 feet
7 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Bed and breakfast facilities
Churches and schools
Community buildings (public or private)
Group homes, nursing homes, daycare centers in residential areas
Home occupations (see § 150.158)
Minor utility buildings and substations, private or public
Recreation and sports facilities
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic; legal non-conforming lots may be developed with existing and improved access
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.110 CR-3, COMMUNITY RESIDENTIAL: APARTMENTS AND HIGH INTENSITY.

   (A)   The CR-3 classification is intended to provide for multi-family apartment complexes at relatively high density of dwelling units per acre and related land uses, with community water and sewer services.
   (B)   Related public and quasi-public services and support facilities necessary to serve multi-family uses are permitted.
CR-3, Community Residential: High Intensity
CR-3, Community Residential: High Intensity
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Maximum height
45 feet
Maximum number of dwellings
Not applicable
Minimum lot depth
70 feet
Minimum lot size
Not applicable
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
25 feet
25 feet
7 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Apartments, triplexes, fourplexes
Bed and breakfast facilities
Churches and schools
Community buildings (public or private)
Group homes, nursing homes and daycare centers
Home occupations (see § 150.158)
Mini-storage units
Minor utility buildings and substations, private or public
Recreation and sports facilities
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
See Design Development Standards
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot-wide right-of-way or easement with 36 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191. From 10% up to 20,000 square feet of the mobile home development area shall be devoted to usable space for recreational activities. Buffer yard may be used for this area. Pond and drainage may contribute to open space.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.111 CR-MP, COMMUNITY RESIDENTIAL: MOBILE HOME PARK.

   (A)   The CR-MP classification is intended to establish a zone that allows for mobile homes equal to or greater than eight feet in width or 40 feet in length, and 11 feet in height, and recreation vehicles as licensed by the state.
   (B)   Mobile homes, as defined above, and RVs are permitted in one of the following:
      (1)   Approved mobile home park; community water and sewer is required;
      (2)   Approved subdivision with community water and sewer; and
      (3)   Approved RV park or campground.
CR-MP, Community Residential: Mobile Home Park
CR-MP, Community Residential: Mobile Home Park
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
35 feet
Maximum number of dwellings
1 unit per space
Minimum setbacks
25 feet from property line with no perimeter wall or 10 feet with a perimeter wall, per § 150.175
Minimum space depth
70 feet
Minimum space size
3,500 square feet
Minimum space width
40 feet
Off-street parking
2 spaces per dwelling unit
Permitted uses
Community buildings (public or private)
Group homes, nursing homes and daycare centers
Home occupations (see § 150.158)
Minor utility buildings and substations, private or public
Office and laundry facilities for use of residents in the park
Recreation and sports facilities
RV parks, single-family mobile homes
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
See Design Development Standards
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot-wide right-of-way or easement with 36 feet of improved roadway
Development standards for mobile home parks, see § 150.178, and for additional development standards, see §§ 150.170 through 150.191. From 10% up to 20,000 square feet of the mobile home development area shall be devoted to usable space for recreational activities. Pond and drainage may contribute to open space.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.112 CC-1, COMMUNITY COMMERCIAL: NEIGHBORHOOD COMMERCIAL.

   The CC-1 classification is intended to establish a zone for neighborhood commercial activities and small-scale freestanding businesses.
CC-1, Community Commercial: Neighborhood Commercial
CC-1, Community Commercial: Neighborhood Commercial
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
40 feet
Minimum lot depth
70 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
60 feet
Minimum setbacks
   Front
   Rear
   Side
 
25 feet
15 feet
7 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Neighborhood commercial, offices and personal services.
See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
See Design Development Standards
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.113 CC-2, COMMUNITY COMMERCIAL: COMMUNITY COMMERCIAL.

   The CC-2 classification is intended to provide for a range of commercial activities that serve a community or several neighborhoods in the Community District and allow larger commercial businesses.
CC-2, Community Commercial: Community Commercial
CC-2, Community Commercial: Community Commercial
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
45 feet
Minimum lot depth
100 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
100 feet
Minimum setbacks
   Front
   Rear
   Side
 
35 feet
35 feet
10 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Community commercial, larger commercial businesses to serve several neighborhoods. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
Must be located along a collector, county road or state highway; 50-foot-wide right-of-way or easement with 30 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.114 CC-3, COMMUNITY COMMERCIAL: REGIONAL COMMERCIAL.

   The CC-3 classification is intended to provide for a wide range of regional commercial activities generating large amounts of employment and traffic in the Community District, serving a wide region of the county.
CC-3, Community Commercial: Community Commercial
CC-3, Community Commercial: Community Commercial
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
50 feet
Minimum lot depth
200 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
150 feet
Minimum setbacks
   Front
   Rear
   Side
 
40 feet
35 feet
10 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Regional commercial, shopping centers or free- standing retail store. See land use classification matrix for detailed list of uses in § 150.205
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60 feet wide with 36 feet of improved roadway, or state highway, U.S. interstate highway or major arterial is required
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.115 CI-1, COMMUNITY INDUSTRIAL: LIGHT-INTENSITY.

   The CI-1 classification is intended to provide for light-intensity industrial activities that serve a community or several communities within the Community District.
CI-1, Community Industrial: Light-Intensity
CI-1, Community Industrial: Light-Intensity
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-200; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
40 feet
Minimum lot depth
150 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
150 feet
Minimum setbacks
   Front
   Rear
   Side
 
35 feet
25 feet
7 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted use
Light intensity industrial. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot right-of-way with 36-foot improved roadway; collector or minor arterial
Additional standards, see §§ 150.105(B) and 150.170 through 150.191.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.116 CI-2, COMMUNITY INDUSTRIAL: MEDIUM-INTENSITY.

   The CI-2 classification is intended to provide for medium-intensity industrial activities that serve a community or several communities in the Community District.
CI-2, Community Industrial: Medium-Intensity
CI-2, Community Industrial: Medium-Intensity
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
40 feet
Minimum lot depth
150 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
150 feet
Minimum setbacks
   Front
   Rear
   Side
 
35 feet
25 feet
7 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Medium intensity industrial. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot right-of-way with 36-foot improved roadway; collector or minor arterial
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.117 CI-3, COMMUNITY INDUSTRIAL: HEAVY INDUSTRIAL AND MANUFACTURING.

   The CI-3 classification is intended to provide for heavy-intensity industrial activities in the Community District.
CI-3, Community Industrial: High-Intensity
CI-3, Community Industrial: High-Intensity
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
50 feet
Minimum lot depth
150 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
150 feet
Minimum setbacks
   Front
   Rear
   Side
 
35 feet
35 feet
10 feet
(Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet)
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Heavy industrial and manufacturing. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot right-of-way with 36-foot improved roadway; collector or minor arterial
Additional standards, see §§ 150.105(B) and 150.170 through 150.191. Environmental report required, per § 150.022.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.118 CMU, COMMUNITY DISTRICT: MIXED-USE.

   (A)   The CMU (mixed land use) classification allows small-scale commercial activities mixed with residential uses (site-built structures only).
   (B)   Commercial and residential uses are allowed within the same structure.
   (C)   It conserves traditional development patterns while allowing for infill and development of new uses that are compatible in scale and intensity with existing development.
CMU, Community District: Mixed Use
CMU, Community District: Mixed Use
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
35 feet
Maximum number of dwellings
1
Minimum lot depth
Not applicable
Minimum lot size
6,000 square feet or NMED Standards, if applicable
Minimum lot width
Not applicable
Minimum setbacks
   Front
   Rear
   Side
 
25 feet
25 feet
7 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Single-family residences, site-built
Small scale commercial uses
Arts and crafts studios
Bakeries
Book stores, newsstands
Barber shops, beauty shops
Dress-making shops
Coffee shops and snack bars
Cultural centers
Delicatessens
Dry goods or notion stores
Farmer’s markets
Gift shops
Ice cream parlors
Museums
Photography studios
Restaurants
Single-family residential
Specialty shops
Theaters
See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
25-foot width for non-dedicated streets or private drives within a lot for two-way and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191. The Zoning Administrator, or his or her designee, may approve other similar uses. Building setback requirements will be based on Village District standards.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.130 PURPOSE.

   (A)   The Village District is intended to identify the boundary of a small historic platted town- site that has a development pattern of lots smaller than one-half acre.
   (B)   A village may include: residential areas, churches, small-scale commercial and community services such as schools, fire stations and water services.
   (C)   It is anticipated that a Village District boundary will not be expanded once established, in order to designate the historic character of the original village and conserve the quality of development.
(Ord. 2010-018, passed - -)

§ 150.131 ESTABLISHMENT OF THE VILLAGE DISTRICT.

   (A)   (1)   Criteria for establishing a Village District may include:
         (a)   A townsite platted prior to 1930 with some lots smaller than one-half acre; and/or
         (b)   A Village District may be requested by petition of 50% of the property owners in an eligible area or by the initiation of the Planning and Zoning Commission or by the governing body of the city.
      (2)   The establishment of the boundary of the Village District shall include the area of the original platted townsite. The boundary shall be established by public hearings and may not be expanded.
   (B)   Village District regulations shall not be applied until public hearings have been held and property owners have been notified. Zoning maps showing zone district boundaries must be adopted according to procedures in §§ 150.025 and 150.027.
(Ord. 2010-018, passed - -)

§ 150.132 LAND USE CLASSIFICATIONS.

   The following land uses and zoning categories are permitted for the Village District provided that standards for the use are met:
   (A)   Residential:
      (1)   VR-l, village residential: single-family;
      (2)   VR-IM, village residential: single-family, mobile homes;
      (3)   VR-2, village residential: multi-family;
      (4)   VR-AG, village residential: agriculture; and
      (5)   VMU, Village District: mixed land use.
   (B)   Commercial:
      (1)   VC-l, village commercial: neighborhood activities; and
      (2)   VC-2, village commercial: commercial activities.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.133 LIST OF ELIGIBLE COMMUNITIES.

   Historic villages that are eligible for Village District boundaries include: Anthony, Berino, Brazito, Chamberino, Garfield Hill, La Mesa, La Union, Leasburg, Mesquite, Organ, Radium Springs, Rincon, San Miguel and Vado.
(Ord. 2010-018, passed - -)

§ 150.134 VR-1, VILLAGE RESIDENTIAL: SINGLE-FAMILY RESIDENTIAL.

   The VR-1 classification is intended to provide for a residential zone of single-family site-built homes in the Village District. It conserves traditional development patterns while allowing for infill and development of new uses that are compatible in scale and intensity with existing development.
VR-1, Village Residential: Single-Family
VR-1, Village Residential: Single-Family
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
Not applicable
Maximum height
35 feet
Maximum number of dwellings
1 dwelling unit per lot
Minimum lot depth
Not applicable
Minimum lot size
6,000 square feet; or NMED Standards
Minimum lot width
Not applicable
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
May be set at the same distance as buildings on either side of lot to be developed; zero lot lines may be permitted for site-built homes; all requirements of the Building Code apply
Off-street parking
Two parking spaces per lot minimum, excluding garage area. May be reduced to one per lot by Zoning Administrator in order to meet older platting pattern
Permitted uses
Agriculture
Home occupations (see § 150.158)
Single-family residences, site-built only
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
25 feet of driveway width for non-dedicated streets or driveways within a lot
Signs
Not applicable
Site plan
Required
Street access
Roadway accepted by the P&Z, the BOCC or Zoning Administrator by means of a filed easement at least 40 feet wide with a road maintenance agreement
Additional standards, see §§ 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.135 VR-1M, VILLAGE RESIDENTIAL: SINGLE-FAMILY, MOBILE HOMES.

   (A)   The VR-1M classification is intended as a residential zone of single-family site-built homes, manufactured homes and mobile homes in the Village District.
   (B)   Compatible non-residential uses similar in scale and intensity with residential uses are also permitted.
VR-1M, Village Residential: Single-Family, Mobile Homes
VR-1M, Village Residential: Single-Family, Mobile Homes
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
Not applicable
Maximum height
35 feet
Maximum number of dwellings
1 dwelling unit per lot
Minimum lot depth
70 feet
Minimum lot size
6,000 square feet; or NMED Standards
Minimum lot width
60 feet
Minimum setbacks
   Front yard
   Rear yard
   Side yard
 
25 feet
25 feet
5 feet
Off-street parking
Two parking spaces per lot minimum, excluding garage area. May be reduced to one per lot by Zoning Administrator in order to meet older platting pattern
Permitted uses
Agriculture
Home occupations (see § 150.158)
Single-family residences, site-built, mobile home or manufactured home
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
25 feet of driveway width for non-dedicated streets or driveways within a lot
Signs
Not applicable
Site plan
Required
Street access
Roadway accepted by the P&Z, the BOCC or Zoning Administrator by means of a filed easement at least 40 feet wide with a road maintenance agreement
Additional standards, see §§ 150.170 through 150.191
 
(Ord. 2010- 018, passed - -) Penalty, see § 150.999

§ 150.136 VR-2, VILLAGE RESIDENTIAL: MULTI-FAMILY.

   The VR-2 classification is intended to provide for multi-family residences and related facilities in the Village District.
VR-2, Village Residential: Multi-Family
VR-2, Village Residential: Multi-Family
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Maximum height
35 feet
Maximum number of dwellings
Not applicable
Minimum lot depth
Not applicable
Minimum lot size
   Duplex or 2 dwellings
   Triplex or 3 dwellings
   Fourplex or 4 dwellings
   Apartment complex
 
9,000 square feet; or NMED Standards
13,500 square feet; or NMED Standards
18,000 square feet; or NMED Standards
23,000 square feet; or NMED Standards
Minimum lot width
Not applicable
Minimum setbacks
   Front yard
   Rear yard
   Side yard
May be same as setbacks for existing structures on either side or rear of lot to be developed
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Duplexes
Triplexes
Fourplexes
Apartments
See § 150.205, land use classification matrix, Community/Village Districts, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
Not applicable
Site plan
See § 150.022
Street access
60-foot-wide right-of-way or easement with 36 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191. From 10% up to 20,000 square feet of the mobile home development area shall be devoted to usable space for recreational activities. Buffer yard may be used for this area. Pond and drainage may contribute to open space.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.137 VC-1, VILLAGE COMMERCIAL: NEIGHBORHOOD ACTIVITIES.

   The VC-1 classification is intended to establish a zone for neighborhood commercial activities in the Village District.
VC-1, Village Commercial: Neighborhood Activities
VC-1, Village Commercial: Neighborhood Activities
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
35 feet
Minimum lot depth
70 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
60 feet
Minimum setbacks
   Front
   Rear
   Side
 
25 feet
15 feet
5 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Neighborhood commercial
See § 150.205, land use classification matrix, Community/Village Districts, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
50 feet wide with 30 feet of improved roadway
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.138 VC-2, VILLAGE COMMERCIAL: COMMUNITY ACTIVITIES.

   The VC-2 classification is intended to provide for commercial activities that serve a community or several communities in the Village District.
VC-2, Village Commercial: Community Activities
VC-2, Village Commercial: Community Activities
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000; may require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
40 feet
Minimum lot depth
100 feet
Minimum lot size
NMED Standards, if applicable
Minimum lot width
100 feet
Minimum setbacks
   Front
   Rear
   Side
Front streets:
   Arterials
   Collectors
   All others
 
25 feet
15 feet
7 feet
35 feet
40 feet
25 feet
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Community commercial
See § 150.205, land use classification matrix, Community/Village Districts, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic
Signs
See § 150.180
Site plan
See § 150.022
Street access
60-foot-wide right-of-way with 36 feet of improved roadway, or designated collector or minor arterial based on functional classification
Additional standards, see §§ 150.105(B) and 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.139 VR-AG, VILLAGE RESIDENTIAL: AGRICULTURE.

   The VR-AG classification is intended for farming, ranching and related uses except for those uses that, because of their nature and impact on adjoining property, are classified as planned unit development or some other classification designated by this chapter.
VR-AG, Village Residential: Agriculture
VR-AG, Village Residential: Agriculture
Accessory buildings
Cannot be used as living quarters; 10 feet minimum spacing between buildings; no encroachment in required setbacks; see § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Fences permitted by this classification
All types up to 6 feet high, except for razor-ribbon, constantina or other types that may present a hazard to the public; such types may be used with approval from CDD Administrator
Landscaping and buffering
Not applicable
Lighting
See § 150.179
Maximum height
40 feet
Maximum number of dwellings
2 per lot or parcel
Minimum lot depth
Not applicable
Minimum lot size
NMED Standards, if applicable
Minimum lot width
Not applicable
Minimum setbacks
   Front
   Rear
   Side
Agriculture-related buildings, barns, workshops, sheds
50 feet
50 feet
20 feet
All agriculture buildings in this classification (except residences) shall be a minimum 50 feet from all adjacent front and rear property lines except that when adjacent to public ways, they shall be not less than 100 feet
Minimum setbacks for crops and orchards
Turn rows adjacent to public roads not less than 10 feet from the public right-of-way
Off-street parking
See §§ 150.181 et seq.
Permitted uses
Agriculture, including ranching, barns and related agriculture structures, single-family residential, community recreation and quasi-public uses and home occupations. See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and the Design Standards, as amended for 100-year flood
Private access driveway
See Design Development Standards
Signs
See § 150.180
Single-family dwelling units and other permitted uses; no single-wide mobile homes
VR-1 residential standards apply
Site plan
See § 150.022
Street access
Not applicable
Uses not included
Agricultural processing, dairies, feed lots, slaughterhouses, commercial poultry raising and processing swine products
Additional development standards: All lots created after the effective date of the County Subdivision Regulations (Ord. 166-96) shall comply with the standards and regulations of this chapter
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.140 VMU, VILLAGE DISTRICT: MIXED LAND USE.

   (A)   The VMU (mixed land use) classification allows small-scale commercial activities mixed with residential uses (site-built structures only).
   (B)   Commercial and residential uses are allowed within the same structure. It conserves traditional development patterns while allowing for infill and development of new uses that are compatible in scale and intensity with existing development.
VMU, Village District Mixed Use
VMU, Village District Mixed Use
Accessory buildings
See § 150.174
Erosion control
See Erosion Control Regulations, county Ord. 194-2000. May require compliance with NPDES, per the EPA
Landscaping and buffering
See §§ 150.080 through 150.086
Lighting
See § 150.179
Maximum height
35 feet
Maximum number of dwellings
1 primary dwelling unit per lot
Minimum lot depth
Not applicable
Minimum lot size
6,000 square feet or NMED Standards, if applicable
Minimum lot width
Not applicable
Minimum setbacks
May be set at same distance as buildings on either side of lot to be developed; zero lot lines may be permitted for site-built homes and commercial structures
Off-street parking
Minimum of 2 spaces; may be reduced to 1 per lot by Zoning Administrator in order to meet older platting pattern; see §§ 150.181 et seq.
Permitted uses
Single-family residences, site built
Small scale commercial uses
Arts and crafts studios   
Bakeries
Book stores, newsstands
Barbershops, beauty shops
Dress-making shops
Coffee shops and snack bars   
Cultural centers
Delicatessens
Dry goods or notion stores
Farmer’s markets
Gift shops
Ice cream parlors
Museums
Photography studios
Restaurants
Single-family residential
Specialty shops
Theaters
See § 150.205, land use classification matrix, for detailed list
Ponding requirements
Must comply with DAC Design Storm Criteria Guidelines and with the Design Standards, as amended for 100-year flood
Private access driveway
25-foot width for non-dedicated streets or private drives within a lot for two-way and 20 feet for one-way traffic. See design development standards
Signs
See § 150.180
Site plan
See § 150.022
Street access
50-foot-wide right-of-way or easement with 24 feet of improved roadway
Additional standards, see §§ 150.170 through 150.191
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.155 PURPOSE.

   The purpose of this subchapter is to set forth standards and procedures for special overlay zones. The overlay zones may be applied in any district: Performance District, Community District or Village District. The standards are intended to provide for specific land use impacts and special environmental considerations, such as flood protection.
(Ord. 2010-018, passed - -)

§ 150.156 PLANNED UNIT DEVELOPMENT OVERLAY ZONE.

   (A)   The PUD overlay zone is intended for those land uses that will, by their nature, have a greater impact on the environment and will affect larger areas of the city. This classification is intended to provide an alternative to the conventional approach to land use regulations by permitting flexibility and innovation in design, placement of buildings, use of open spaces and off-street parking areas and to encourage a more creative approach to the utilization of the land.
   (B)   (1)   PUD classifications. Types of PUD classifications:
         (a)   Type 1. When an applicant, for whatever reason, wishes to deviate from the standard regulations or when an applicant proposes to use different land use classifications within the same site, such as a variety of residential housing types and some retail or commercial; and
         (b)   Type 2. When a commercial or industrial land use is proposed that will have the potential to create negative impacts on the environment, infrastructure or adjacent and nearby properties. Such uses include:
            1.   Performance District:
               a.   Adult entertainment; provided that such uses must be located a minimum of 1,000 feet from a property line of a school, church, public park or recreational facility, residential zoning district or residential use:
                  i.   Adult entertainment;
                  ii.   Agricultural processes;
                  iii.   Airports and heliports;
                  iv.   Automobile garages; and
                  v.   PUD, Type 2 uses.
               b.   Truck repair sales and service (trucks with three axles and more);
               c.   Battery storage and recycling facilities;
               d.   Borrow pits, batching plants, asphalt mix;
               e.   Cemeteries;
               f.   Crematoriums;
               g.   Commercial towers;
               h.   Convention and exhibit halls;
               i.   Dairies and related occupations;
               j.   Drilling of oil, gas wells or other shaft mining;
               k.   Energy generation facilities;
               l.   Explosive materials, manufacturing or storage;
               m.   Fat rendering plants;
               n.   Feedlots;
               o.   Fertilizer plant manufacturing;
               p.   Foundries;
               q.   Ground transportation terminals;
               r.   Hazardous materials or hazardous waste facilities, including, but not limited to, storage, manufacturing or repackaging of hazardous waste or materials;
               s.   Hospitals;
               t.   Industrial, light and heavy uses;
               u.   Junk yards and dismantling;
               v.   Landfills;
               w.   Manufacturing;
               x.   Petroleum refineries and storage;
               y.   Poultry raising, slaughtering and processing (commercial);
               z.   Prisons;
               aa.   Rock quarries and mineral extraction;
               bb.   Smelters;
               cc.   Stadiums;
               dd.   Storage of bulk materials such as asphalt, brick, cement, gasoline, grease, oil, paint, plaster and roofing;
               ee.   Stockyards or slaughterhouses;
               ff.   Stone milling or processing;
               gg.   Swine production;
               hh.   Toxic chemical storage, transfer and manufacturing;
               ii.   Waste incinerators, including medical waste incinerators;
               jj.   Water treatment plants and sewer treatment plants; and
               kk.   Similar uses may be included based on interpretation by the Zoning Administrator.
            2.   Community District zone:
               a.   All uses listed for Performance District PUD, Type 2, except agricultural processing, borrow pits, batching plants and asphaltic mix plants; and
               b.   Land uses listed under PUD, Type 2, are permitted only upon approval of the PUD by the Planning and Zoning Commission. Other land uses may be included in a PUD if the applicant includes them in the PUD site plan.
      (2)   Procedures, requirements and standards. An applicant for a PUD shall meet the same procedures, requirements and standards as a zone change; however, the P&Z will make a final determination unless its decision is appealed to the city’s governing body, and the final decision shall be made in the form of an order and recorded in the office of the City Clerk.
         (a)   Land. The tract of land is under unified ownership or control and shall be planned as a whole. If the tract is to be developed in phases, a phasing schedule shall be provided and each phase shall be reviewed on its own merits.
         (b)   Comprehensive plan. The PUD shall be in harmony with the city’s comprehensive plan goals and policies.
         (c)   Lot size. A Type 1 PUD, proposed residential PUD or a residential PUD mixed with commercial and/or industrial uses shall consist of an area that is not less than five acres.
         (d)   Density, for residential uses in a Type 1 PUD. Where a variety of housing types may be provided, the total number of dwelling units allowed shall be determined by either the density standard of the original zoning district classification of the area that is now proposed for the planned unit development or the density standard as recommended by the city’s land use section of the comprehensive plan. The planned unit development may exceed these maximum density standards by 10% if it can be demonstrated by the applicant that such an excess will not adversely affect public infrastructure such as roads, water, sewer or drainage facilities.
         (e)   Setback regulations. Building setbacks from all property lines that form the perimeter of the total area devoted to the planned unit development shall result in a development that will blend well with adjacent developments by matching the setback requirements or buffer, as set forth elsewhere in this chapter, of the original zoning district classification of the area that is now proposed for the planned unit development; or the setback requirements applicable to the adjacent zoning districts, whichever is greater.
         (f)   Height regulations. Heights of buildings and structures shall result in a development that will blend well with adjacent developments by matching the height requirements, as set forth elsewhere in this chapter, of the original zoning district classification of the area that is now proposed for the planned unit development; or the height requirements applicable to the adjacent zoning districts. Height standards for antenna and communication towers or electric transmission lines shall meet standards set in division (B)(2)(k) below.
         (g)   Open space. Common open space, varying in amount and location, shall be provided to offset any substantial increase in dwelling unit density or building height or any substantial decrease in building setback distances within the site.
         (h)   Streets, utilities, services and public facilities. Because of the uniqueness of each PUD proposal, the specifications and standards for streets, utilities, services and public facilities may be different from those normally required in this chapter and other ordinances if it can be demonstrated by the applicant that such modification of specifications and standards will not adversely affect the interests of the general public. In addition, the PUD proposal shall illustrate how the streets, utilities, services, public facilities and traffic circulation will function and serve the entire development. All proposals shall meet the applicable development standards in §§ 150.055 through 150.065 unless otherwise justified by engineering analysis.
         (i)   Off-street parking. The PUD and the land use therein shall provide the necessary amount of off-street parking areas and shall illustrate how such areas will adequately serve the entire development.
         (j)   Access. Adequate vehicular and pedestrian access must be provided. A traffic impact analysis will be required to project auto and truck traffic generated by the uses proposed. Improvements to adjacent streets may be required, such as acceleration and/or deceleration lanes, widening of intersections, signs and prorata costs of traffic signals. The capacity of adjacent streets to accept the projected increase in traffic must be stated as part of the traffic impact analysis.
         (k)   Towers and antennas.
            1.   Commercial freestanding or guyed towers. A tower is commercial in nature unless its use is exclusively incidental to another primary legal use existing on the property. A bond to ensure the removal of the tower upon abandonment of use shall be required for all commercial towers. Any public hearing required under this section shall be in conformity with § 150.025.
               a.   Application procedures. A site plan, and structural design plans prepared by a licensed engineer, shall be submitted for any proposed commercial tower or antenna structure. Any commercial tower and antenna with a combined height of 300 feet or more shall require a public hearing to determine whether the proposed height is appropriate for the proposed location.
               b.   Location. Commercial towers up to a height of 300 feet shall be allowed by right on a parcel zoned or approved for industrial use (not to include a legal non-conforming use), and in areas where all properties within the applicable area of notice contain or are zoned or approved for commercial and industrial uses, are vacant or contain only agricultural uses unless residential zoning has been applied to one or more properties (such as through Community District or Village District zoning). Commercial towers shall not be allowed where all existing zoning or uses within the area of notice, including the property at issue, are residential. Properties included within a residential subdivision for which a completed application package is pending, or for which a final plat has been approved within two years prior to the application for a commercial tower or antenna use, shall be considered existing residential uses. If the area of notice is an area of mixed residential and non-residential uses, a public hearing shall be held to determine whether the proposed location is appropriate for the height proposed for the tower and antenna structure.
               c.   Setbacks and buffering. Towers and antennas shall be considered a high-intensity non-residential use for determining the appropriate setback and buffering requirements (see § 150.083); however, a tower or antenna next to another high-intensity non-residential use shall only be required to meet minimum setbacks and to provide secured opaque fencing of at least eight feet in height around the base of the tower, including any guy wires. Where a public hearing is required to determine whether the proposed tower is appropriate for the proposed location, setbacks and buffering may be increased to further diminish the negative impacts of the structure on the surrounding area.
               d.   Co-location. Co-location of multiple antennas on a single tower structure shall be encouraged, consistent with the following guidelines. A plan to add an additional antenna to a previously approved tower shall be prepared by a licensed engineer. An additional antenna shall not increase the width of the tower beyond the approved design for a monopole structure, or beyond the base width of the original tower structure, and shall not increase the overall tower height of a site located in a mixed use area more than 20 feet.
            2.   Commercial antennas mounted to existing structures. Commercial antennas may be mounted on or attached to any existing non-residential structure. A copy of the written document granting permission from the owner of the structure must be submitted with the site plan for review before a building permit may be issued. Any additional superstructure that will be added to accommodate any and all antenna arrays must meet Uniform Building Code requirements.
            3.   Personal (private) freestanding or guyed towers. One personal tower with antennas (to be used exclusively for purposes incidental to an existing legal use of the property) shall be allowed by right on each parcel if the following conditions are met.
               a.   Height. For use on a residential structure for residential purposes, the total height shall be limited to 75 feet from the ground; and for use on a non-residential structure for non-residential purposes, the total height shall be limited to 90 feet from the ground.
               b.   Design. The Zoning Administrator, prior to new construction or modification of a tower or antenna structure, must approve an informal site plan. All engineering data for the tower shall be submitted if requested. All structures shall be constructed to meet the Uniform Building Code, and shall be designed and constructed to withstand a minimum of 80 mph wind loads.
               c.   Setbacks. The structure shall meet the applicable setbacks from the property lines, or a minimum setback of ten feet, whichever is greater, and shall be located behind the front line of the foremost dwelling unit located on the parcel.
            4.   Private antennas mounted to existing structures. Private antennas may be mounted to existing buildings which meet the Uniform Building Code standards; provided that the total height of any tower and antenna structure does not exceed 75 feet from ground level for residential use, and 90 feet from ground level for non-residential use, and the tower and antenna structure meets all applicable setbacks from the property line.
         (l)   Other information. Any other information that the Community Development Department deems necessary to properly assess the request for the PUD district.
      (3)   Requirements prior to construction.
         (a)   A detailed site development plan shall be submitted either concurrently with the requirements necessary when applying for a PUD district, as set forth hereinabove, or separately or in phases, prior to the actual construction of the development. The detailed site development plan submittal shall meet and follow the same procedures, requirements and standards as that of a zone change request.
         (b)   The required development plan shall be substantially the same as that submitted for the initial PUD classification request. In addition to the information previously submitted, the development plan shall include specific details, such as, but not limited to, type and placement of buildings and structures, internal building setbacks and separation of structure distances; building and structure heights; location, number and operation of off-street parking spaces; street construction, performance and maintenance standards and operations; traffic circulation patterns; pavement and right-of-way widths; utility and facility types, location and service; easement types, location and service; size and location of open space areas; dwelling unit densities; and any other information that the Community Development Department deems necessary to properly assess the request.
      (4)   Decisions and conditions.
         (a)   Approval. The PUD zone request shall be approved after a public hearing has been held where additional conditions may be imposed to ensure the public interest; and where the site development plan, submitted in accordance with the procedures, requirements and standards set forth herein, has been presented to prescribe the general and/or specific uses, placement of buildings and structures, amount and locations and performances, off-street parking areas and other previously described items essential to the development’s operation and performance.
         (b)   Building permit. A building permit shall be issued only if the building or structure for which the permit is to be issued is in conformance with the approved development plan and only if all site and facility improvements are in place adjacent to and in front of the location of the building or structure.
         (c)   Term. An approved detailed site development plan shall remain in effect for three years. If no construction has taken place within the area of the site plan within three years, the owner/applicant shall resubmit the site plan, or a revised site plan for public hearings by the Planning and Zoning Commission, for review and approval.
      (5)   Major and minor revisions to PUD site plans.
         (a)   Minor revisions.
            1.   A minor revision to a site plan includes rearrangement of buildings, walks or parking and landscaped areas that do not affect the access points, internal or external traffic circulation; does not increase the number of parking spaces required; does not increase the number or size of buildings; does not affect the drainage and grading plans. The Zoning Administrator may approve a minor revision of a site plan after review by the Building Inspection and Engineering Departments.
            2.   The approved revision to a site plan shall be filed with the original site plan case file, and copies shall be provided to Building Inspection, Engineering and other appropriate state agencies.
         (b)   Major revisions.
            1.   A major revision is any change in land use or building use from the approved site plan and/or zone change request; any increase in the number of buildings or number of parking spaces required; any change in access points; internal or external circulation; any increase in the amount of storm water drainage retention required; any change in grading that would affect drainage capacity or adjacent properties.
            2.   The Zoning Administrator shall submit copies of the major revision to all affected agencies and to the Planning and Zoning Commission for review and approval. Public notice and public hearing procedures required for zone change shall apply to hearings for major revisions to a site plan. The approved revised site plan shall be placed in the PUD/site plan case file, and copies shall be distributed to all affected agencies.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.157 SPECIAL FLOOD HAZARD AREA.

   (A)   The flood insurance rate map (FIRM) identifies areas of special flood hazard areas (SFHA). Development may take place within the SFHA; provided the requirements of the County Flood Damage Prevention Ord. 161-95 is followed. For development occurring in an area outside of an identified SFHA, but experiences similar flooding hazards, it is highly recommended that the same development criteria of Ord. 161-95 be followed. Additional information regarding flooding may be found on FEMA’s website, www.fema.gov.
   (B)   Development standards in all areas of SFHA include the following.
      (1)   Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. A state registered professional engineer or land surveyor shall submit an elevation certification to the County Floodplain Administrator.
      (2)   Non-residential construction. New construction and substantial improvements of any commercial, industrial or other non-residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. A state-registered professional engineer or land surveyor shall submit an elevation certificate of flood proofing certificate, or both, to the County Floodplain Administrator.
      (3)   Manufactured homes. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. The manufactured home chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade and are securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
      (4)   Recreational vehicles. Recreational vehicles shall be located on a site for fewer than 180 consecutive days, are fully licensed and ready for highway use or meet elevation and anchoring requirements for “manufactured homes”.
      (5)   Enclosures.
         (a)   New construction and substantial improvements with fully enclosed areas below the lowest floor that are used solely for parking of vehicles, building access or storage in an area other than a basement and are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters.
         (b)   Designs for meeting this requirement must either be certified by a state- registered professional engineer or land surveyor to meet or exceed the following minimum criteria:
            1.   A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided;
            2.   The bottom of all openings shall be not higher than one foot above foot grade; and
            3.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.158 HOME OCCUPATIONS.

   (A)   Home occupations shall be categorized as either major or minor home occupations.
      (1)   Such businesses shall be clearly incidental and subordinate to the primary residential use of the property. The proprietor shall be a lawful resident of the property where the business is to be located.
      (2)   Proprietors shall be in compliance with this chapter and all current local, state and federal regulations. Failure to do so may result in revocation of the business registration permit by the Community Development Department.
      (3)   Any business-related activities that at any given time either create an appreciable negative sensory impact, excessive interference or vehicular traffic or a negative, detrimental or a potentially hazardous situation within the surrounding area of the business shall not be permitted.
      (4)   Any outdoor business-related activities other than shipping and receiving shall not be permitted. Any business-related activities or parking shall not be permitted in the public right-of-way or in the required setbacks of the property. Sufficient off-street parking shall be provided by the home business.
      (5)   A client may consist of one or more individuals engaging in a single business transaction of mutual interest.
      (6)   A self-drawn site plan must receive approval from the Community Development Department and the County Fire Marshal’s office.
      (7)   Home occupation businesses shall not include cannabis establishments, cannabis consumption areas or cannabis couriers as those terms are defined in §§ 150.235 through 150.242.
   (B)   Minor home occupations are permitted in all residential zones and shall adhere to the following additional restrictions.
      (1)   Only lawful residents of the dwelling unit where the business is located may be employed or otherwise utilized in the home business.
      (2)   Multiple home occupations may exist within a single lot; provided that their combined operations do not exceed 500 square feet or 25% of the floor area, whichever is less. There shall be not more than one client visitation on the lot at any given time.
      (3)   Businesses may utilize either the primary dwelling or one accessory structure. A single home business may not utilize both structures.
      (4)   The following businesses shall be permitted as minor home occupations:
         (a)   Professional offices and services: such categorization may include accounting, appraisal, architectural, consulting, counseling, engineering, legal, real estate businesses and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes dentists, medical practitioners primarily involved with anatomical or alternative medicines and veterinarians;
         (b)   Service-related businesses: such categorization may include answering services, computer-related services, direct sales and mail order businesses, dress-making and tailoring and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes massage parlors, pet grooming businesses or kennels, restaurants, bakeries or tattoo parlors;
         (c)   Tutorial services;
         (d)   Small item repair businesses, such as watch, clock, jewelry and small, portable musical instruments and other similar businesses. Among those businesses that shall not be considered for home occupation status, includes automotive-related repair and bodywork, bicycle and motorcycle repair/servicing, large musical instrument repair and large or small appliance repair;
         (e)   Small arts, crafts and leatherwork;
         (f)   Similar uses to those mentioned above, as interpreted by the Zoning Administrator, or designee, with conditions attached when necessary;
         (g)   Business-related outside storage shall not be permitted; and
         (h)   Shipments and deliveries via vehicles weighing greater than 10,000 pounds tare and having more than six wheels shall be prohibited.
   (C)   Major home occupations are only allowed on parcels of three-quarters acre or greater and shall adhere to the following additional restriction.
      (1)   The business shall employ on-site not more than two employees who do not lawfully reside at the business location.
      (2)   Business activities may be performed within either the primary dwelling, one accessory structure or both. Business-related operation and storage in either building shall be confined to an area not to exceed 500 square feet or 25% of the floor area, whichever is less.
      (3)   Not more than one major and one minor home occupation shall be permitted on a single parcel.
      (4)   Outside storage shall not exceed 400 square feet, shall be screened from view by an opaque fence or wall at least six feet high, shall be constructed of approved fencing materials listed in this chapter and shall not be located either in front of, or on either side of, the primary dwelling. Materials shall not be stacked higher than the fence.
      (5)   One on-site sign, not to exceed six square feet, shall be permitted either on the ground or attached to the building that contains the business. No part of the sign shall be over eight feet high measured from top of the sign to ground level. If ground-based, it shall maintain minimum six-foot front and side setbacks.
      (6)   Client visitations shall not exceed three clients on the lot at any given time.
      (7)   The business shall not exceed two one-ton capacity business vehicles on site.
      (8)   Shipments and deliveries involving commercial carriers shall be permitted under the following conditions.
         (a)   Carriers shall only utilize single-axle, Class VI (AAMA Standard) and smaller, straight, bobtail or stake-bed vehicles not exceeding a gross combined vehicle weight of 26,500 pounds tare or 24 feet in total length.
         (b)   Any combination of shipments and deliveries shall not exceed four times per calendar month. Shipping and receiving shall only be permitted between the hours of 10:00 a.m. and 2:30 p.m.
      (9)   The following businesses shall be permitted as major home occupations:
         (a)   Those businesses permitted under divisions (B)(4)(a) through (B)(4)(f) above;
         (b)   Catering, subject to NMED review;
         (c)   Child or adult care, with no overnight provisions;
         (d)   Computer hardware assembly and repair;
         (e)   Locksmith service;
         (f)   Light welding;
         (g)   Photography studio, subject to NMED review;
         (h)   Small appliance repair; and
         (i)   Similar uses to those mentioned above, as interpreted by the Zoning Administrator or designee, with conditions attached when necessary.
(Ord. 2010-018, passed - -; Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.170 PURPOSE.

   All development within the incorporated areas of city shall comply with the standards and guidelines as set forth in this chapter, other applicable ordinances and regulations. The following standards apply to development in all districts unless variances have been granted by the Planning and Zoning Commission.
(Ord. 2010-018, passed - -)

§ 150.171 UTILITIES AND YARDS.

   (A)   Wastewater standards. State Environment Department Standards for liquid wastewater requirements shall apply to all permitted uses.
   (B)   Water standards. State water law and standards for permitting wells shall apply to projects not served by a community water system; applicants must get permit from the State Engineer. Applicants for a building permit or site plan permit must submit proof that potable water is available from either a community system or a permitted well.
   (C)   Yard requirements and exceptions.
      (1)   Front yards. A 15-foot street setback shall be permitted on one front yard of corner lots and double frontage lots and on two front yards of triple frontage lots.
      (2)   New dwellings. New dwellings may be erected as close to a front property line as the average distance established by the existing dwellings; provided the lots on the same side of the block are at least 40% developed.
      (3)   Side yard setback for lots of record. On platted lots of record, a minimum setback of five feet shall be permitted on the side yard of lots having a front lot line width of less than 51 feet.
      (4)   Landscaping and erosion control; all zoning districts and uses. Unless left in its natural vegetative state, there shall be yard grass or other measures to control water or wind erosion on all disturbed areas of development and constructed lots, tracts or parcels. A wind and water erosion control plan may be required at the request of the Zoning Administrator.
   (D)   Front yard parking. Parking areas shall not cover over one-third of any open area between the front of a building or structure and the front property line in a one-family/two-family development; except in cases of cul-de-sac, two-thirds of a front yard can be used; and on existing lots 51 feet in width or less, a 20-foot wide parking area is permitted.
   (E)   Minimum distances between structures. There shall be not less than ten feet between detached buildings measured from eave to eave of structures located on the same lot, tract or parcel.
   (F)   Easement encroachments. There shall be no permanent structures located on or over easements without written approval of the Zoning Administrator and the entity/party for which the easement is provided.
   (G)   Cul-de-sacs. The minimum width of a front lot line on a cul-de-sac shall be 40 feet; provided the front building line shall have a minimum width of 60 feet.
   (H)   Flag lots. The width of a front lot line of a flag lot shall be 25 feet and serve as a driveway. Such a driveway shall not exceed 150 feet in length without an approved turnaround unless approved by the Fire Marshal, and shall access only one lot. The land used as a driveway in a flag lot shall not be included in calculating the minimum lot area.
   (I)   Architectural features height exceptions. Spires, belfries and similar structures may be constructed to a height ten feet above that normally permitted by right.
   (J)   Odd-shaped lots. The Zoning Administrator shall determine the setback and yard coverage standards for odd-shaped lots.
   (K)   Development and platting standards. All lots created after the effective date of the subdivision regulations (incorporated in Chapter 151), shall comply with the standards and regulations of this chapter.
   (L)   Railroad tracks. Rear yard or side yard setbacks abutting railroad tracks shall be a minimum of 40 feet unless an earthen berm or other sound barrier is provided along the property line adjacent to the railroad tracks.
   (M)   Long-term trailers and RVs. Travel trailers and recreational vehicles intended for long-term residence (longer than three months of continuous residence) must be located in approved mobile home parks or recreational vehicle parks.
   (N)   Temporary trailers and RVs. Temporary location of mobile homes and recreation vehicles will be permitted outside mobile home parks or recreational vehicle parks under the following conditions:
      (1)   Property owner is building a site-built home and has a valid building permit;
      (2)   Property owner obtains a temporary use permit for the mobile home or recreational vehicle from the CCD;
      (3)   Temporary permits are valid for one year and may be renewed for an additional year if work is proceeding on the site-built home; and
      (4)   Within 30 days after the property owner receives a certificate of occupancy, the mobile home must be removed from the premises or the recreational vehicle must be disconnected from utilities and the recreational vehicle may be stored on the property.
   (O)   Sales. Garage, yard sales or similar uses are limited to three sales in a one-year period at a single address, and each sale shall be limited to three consecutive days.
   (P)   Combination or mixed uses. The more intensive use on a parcel for mixed or combination land uses in the Performance District shall be applied by the Zoning Administrator in reviewing site plans for development of a combination/mixed use.
   (Q)   Schools and churches. Minimum lot sizes for schools and churches shall be two developable acres, except in Village Districts.
   (R)   Commercial vehicles. Commercial trucks with more than six wheels and weight limitations and detached tractor/cabs cannot park in residential areas. Agricultural vehicles parked on farms (as defined by Tax Assessor’s records) are exempt from this section. One tractor/cab or stake-bed truck used by a resident of the project may be allowed on lots of three-quarter acre or larger. Such trucks may not be parked in the front, forward of the front line of the residential structure.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.172 ACCESS TO PUBLIC WAY AND PRIVATE ROADWAY EASEMENTS.

   (A)   No new development or construction that requires a permit under the International Building Code, as adopted by ordinance, shall be allowed on any lot unless it has legal access. All development shall include a minimum of 50% of the necessary additional right-of-way to conform to the required width, as defined in this chapter, if property is adjacent to the road right-of-way or road easement.
   (B)   All development shall include a minimum of 50% of the necessary additional right-of-way to conform to the required width, as defined in this chapter, if property is adjacent to the road right-of- way or road easement.
   (C)   Development connecting to or adjacent to a county arterial or collector shall provide adequate acceleration/deceleration lanes using standard engineering design practices based on the American Association of State Highway and Transportation Officials (AASHTO) regulation “A Policy on Geometric Design of Highways and Streets” or other appropriate/approved methods. The Zoning Administrator and Compliance Coordinator shall determine what an adequate design for acceleration/deceleration access lanes shall be, or other improvements, based on appropriate engineering standards.
   (D)   Other than construction of a single-family dwelling on an existing lot, all development, including the creation of a lot through the claim of exemption process, shall require that roads linking the development to a county- or state-maintained road shall be a minimum of 50 feet of right-of-way or road and utility easement with a minimum width of 24 feet of improved roadway unless a lesser width is approved by the Zoning Administrator. Based on an analysis by a professional engineer, the Zoning Administrator may reduce the required width to not less than 30 feet of right-of-way or road and utility easement and 20 feet of improved roadway if it is determined the lesser standard is sufficient for the potential traffic based on the potential number of lots served by the right-of-way and allowed uses under current zoning. Composition of the road surface shall be by design to withstand the proposed loading. Width and design may vary depending upon the use. Drainage swales and drainage structures shall be part of the road design.
   (E)   Driveways shall be spaced a minimum of 150 feet from an intersection or a driveway used for off-street parking. For lots where this is not possible, driveways shall be spaced as far from the intersection as practical. Conflicts with adjoining driveways, exits and entrances will be spaced to create the safest possible conditions for traffic movement and shall be justified by engineering analysis. Driveways linking residential development to a county- or state-maintained road or private easement shall meet the following standards: the drivable width shall be 25 feet wide for two-way traffic and 20 feet for one-way traffic, the maximum length shall not exceed 150 feet and shall serve not more that driveway and/or four dwelling units unless the site plan is approved by the County Fire Marshal.
   (F)   Private roadway easements shall be maintained by adjacent property owners. New private roadway easements shall include a statement that adjacent property owners area responsible for maintenance. Such road maintenance agreements must be filed when a building permit or mobile home permit is issued.
   (G)   Existing substandard road easements in designated “colonias” are subject to the requirements for maintenance as outlined in division (F) above.
   (H)   All development shall provide for a clear sight triangle at all intersections with or between all public and private roads; and off-street multiple parking area entrances, exits; driveways to and from public and private roads; and at any unique geometrical situation involving horizontal, vertical and skewed intersections or driveways (see example in Appendix E, attached to the ordinance incorporated herein). The County Transportation Department may rely upon the American Association of State Highway and Transportation Officials (AASHTO) publication “Policy on Geometric Design of Highways and Streets”, dated 1990 (and amendments thereto), in determining the appropriate design requirements for the particular intersection at issue.
      (1)   A clear sight triangle (as shown in Appendix E, attached to the ordinance incorporated herein) shall be an area of unobstructed vision, beginning at a point three feet above the finished grade of the road at the lowest adjacent point on the edge of the pavement, and bounded by one of the following:
         (a)   The front and side property lines of a corner lot and a line connecting points 30 feet from the intersections of the property or roadway easement lines of the lot;
         (b)   The front and side lines of a private driveway, exit or entrance and a line connecting points 15 feet from the intersection of the corner of the lines of the private driveway, exit or entrance; or
         (c)   The front and side lines of a public or off-street multiple parking area driveway, exit or entrance and a line connecting points 30 feet from the intersection of the corners of the lines of the public or off-street multiple parking are driveway, exit or entrance.
      (2)   Within the clear sight triangle, no structure, including, but not limited to, signs or walls, shall be constructed or erected higher than three feet from the edge of the pavement, except that barbed wire or other fences that do not obstruct the view of the roadway shall be allowed. No trees, shrubs or other vegetation that would normally grow to a height of three feet from the edge of the pavement shall be planted within the clear sight triangle.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.173 RESIDENTIAL DEVELOPMENT STANDARDS.

   (A)   The maximum number of dwelling units (site-built homes or mobile homes) shall be not more than one dwelling unit per lot in a low-intensity residential land use classification.
   (B)   A combination of principal and accessory buildings may occupy not more 60% of the total area; provided all other development standards are met.
   (C)   The maximum accessory building footprints for all accessory buildings, except as applicable in division (D) below, shall be limited to 10% of the total (gross) lot area and shall not exceed a combined total of 5,000 square feet except where a special use permit has been issued.
   (D)   An accessory building of 200 square feet or less, not taller than eight feet in height and not permanently affixed, may be located five feet from a rear or side yard setback and shall be limited to one per parcel.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.174 ACCESSORY BUILDINGS: RESIDENTIAL LAND USE CLASSIFICATIONS.

   (A)   Accessory buildings for agriculture use in residential land use classifications are subject to CR-AG Standards and shall have an agricultural assessment per the County Assessor’s office.
   (B)   The maximum accessory building height on parcels less than three-fourths acres shall not exceed the height of the principal building or 20 feet, whichever is greater. The maximum accessory building height on parcels three-fourths acres and larger shall not exceed 35 feet.
   (C)   The maximum accessory building footprints for all accessory buildings combined shall be limited to 10% of the total (gross) lot area and shall not exceed 5,000 square feet except where a special use permit has been issued.
   (D)   Except as herein provided, no accessory building shall project beyond the primary dwelling unit along any street, road or public/private easement for all lots that are one-half acre or less.
   (E)   Accessory buildings shall be located at least ten feet apart from all other buildings and, all other structures with a roof shall meet setback requirements.
   (F)   Structures that do not meet the definition of accessory buildings shall be approved by the Zoning Administrator (through the same notice and hearing process established in § 150.026(B)(2)(c)), as long as the structure or structures are no larger than is reasonably necessary to serve a use allowed on the lot. The determination of what is reasonably necessary shall be based upon generally accepted standards associated with the proposed use. Any accessory structure with a roof shall not be allowed within the setbacks applicable to the parcel except as allowed under § 150.173(D).
   (G)   No lot shall be divided, either through subdivision or through a claim of exemption to Chapter 151, if an existing accessory building or structure on the lot would exceed the standards under this section if so divided unless said building is modified or removed to comply with the standards.
   (H)   Open and uncovered swimming pools, hot tubs or spas may occupy a required rear yard setback provided that they are not located closer than five feet to the rear or side lot or property line or from any building; provided that all building codes are adhered to and are surrounded by an approved wall or fence. When approved by the building official, an automatic safety cover meeting ASTMF 1346 Standard Performance Specifications may be used as an alternative to the approved wall or fence in order to satisfy the requirements for barriers surrounding swimming pools on the premises of Group R, Division 3 Occupancies (single-family residential). All hot tubs and spas shall have an approved safety cover.
   (I)   Applicants wishing to exceed the standards of this subchapter may apply to the Zoning Administrator for a special use permit following the procedures in § 150.026(B)(2)(c) and (B)(2)(d), along with a non-refundable application fee.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.175 FENCES, WALLS AND OTHER STRUCTURES.

   A solid wall or opaque fence at least six feet high shall be erected as screening between the site and abutting areas specified in §§ 150.084 and 150.085; however, the following applies.
   (A)   Such wall or fence shall be three feet high in the area within 11 feet of a public right-of-way.
   (B)   If the wall or fence, plus retaining wall, would have an effective height of over eight feet on the residential side, the Zoning Administrator, or his or her designee, shall decide the required height.
   (C)   A solid wall or opaque fence may be built within the required setback; provided it does not exceed six feet in height and does not, in the opinion of the Zoning Administrator, create a traffic hazard at intersections of streets and driveways.
   (D)   Within 80 days after passage of these regulations, expansion of existing legal non-conforming uses of the following types shall be screened on all four sides from view by fencing, landscaping or a combination thereof: junk yards, wrecking yard, used automotive sales lots, automotive or truck repair and open storage (any material).
   (E)   Fencing shall be constructed of one of the following two types:
      (1)   Opaque, solid materials at least six feet high of one of the following materials: brick, adobe, slump block, wood, rock, concrete or concrete block; and
      (2)   Open materials such as chain-link fence or slat-rail fencing or similar materials may be used in combination with landscaping plant screening on approval by the Zoning Administrator, or his or her designee.
   (F)   Fences or walls shall not be built within or across roadway easements.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.176 OUTSIDE STORAGE.

   Outside storage of any materials that totals 200 square feet or more on any given lot, tract or parcel within the Performance District and Community Districts of the city shall be enclosed by a six- foot solid wall or opaque fence on all sides.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.177 SPECIAL USE PERMITS (SUP).

   A special use permit shall be applied for if an applicant wishes to deviate from the accessory building size limitations and/or density requirements for the keeping of livestock. To obtain a SUP, an owner or owner’s representative must file an application along with a non-refundable application fee and follow the procedures of § 150.025. Unless otherwise specified in this chapter, the applicant must prove that the request is reasonable for a use allowed on the property, and that the proposed use will not have a negative impact on adjacent or surrounding properties due to the size of the lot, proposed placement of any building or activity associated with the use, the percentage of total lot development or use, any proposed buffering, the character of the area or other similar factors.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.178 DEVELOPMENT STANDARDS FOR MOBILE HOME PARKS.

   (A)   All mobile home parks shall have vehicular access from a dedicated right-of-way. Secondary access shall be provided where there are more than 31 spaces. Secondary access must be 20 feet wide and must be improved.
   (B)   Each mobile home space, when occupied, shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.
   (C)   Street layout shall be designed for preservation of natural features, to follow topography to the greatest extent possible consistent with subdivision regulations and to encourage the orientation of mobile homes in such a manner as to permit the use of solar energy systems. (Changes shall be approved by the Fire Marshal.)
   (D)   All streets within a mobile home park shall be surfaced with asphalt and/or concrete to a minimum width of 36 feet back-of-curb to back-of-curb. Alternate street designs may be considered provided that adequate off-street parking and emergency is provided.
   (E)   No street within a mobile home park shall dead end except for cul-de-sac streets, which shall have a minimum unobstructed turning radius of 50 feet at the termination point, and comply with current County Fire Protection Standards.
   (F)   There shall be a network of off-street pedestrian walks, or pathways, connecting mobile home spaces with each other with mobile home park (MHP) facilities and shall comply with current ADA standards.
   (G)   All spaces and streets shall be designed to ensure proper drainage. The City Engineer shall approve a complete drainage plan.
   (H)   Two off-street parking spaces per lot mobile home space shall be required. Guest parking spaces shall be provided in the MHP at a ratio of two-tenths of a space per mobile home space. All roadway design standards shall comply with current city subdivision road standards.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.179 LIGHTING.

   (A)   Exterior lighting is required for all employee and visitor parking areas, walkways and building entrances and exits and ingress and egress.
   (B)   No light standard shall exceed ten feet in height unless the light standard has a light cutoff of 90 degrees or less, in which case, the maximum height shall be 30 feet.
   (C)   No light source shall be fixed to any building so that rays are perpendicular to the building face.
   (D)   All direct rays of the light source shall be confined to the site.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.180 SIGNS.

   (A)   A sign permit shall be required before the erection, re-erection, construction, alteration, placement or installation of all signs regulated by this chapter. Where signs are illuminated electrically, a separate electrical permit shall be obtained. In no such case shall a sign violate the clear sight triangle requirements.
   (B)   (1)   Signs. Signs in the Performance District, Community and Village Districts are subject to the following.
         (a)   Billboards. Billboards include the following.
            1.   Billboards may be located along controlled access highways (I-25, I-10) on non-residential properties. In the Performance District, billboards are also permitted along major arterials as defined in this chapter.
            2.   The recommended allowed dimensions of a billboard face are 12- foot length by six-foot height (72 square feet, “eight-sheet poster”), plus frame; 24-foot length by 12- foot height (288 square feet, “poster”), plus frame; and maximum size is 48-foot length by 14-foot height (672 square feet, “small painted bulletin”), plus 40 square feet for cutouts.
            3.   Billboards over 288 square feet are allowed only along limited access highways. No billboard may be larger than 672 square feet exclusive of cutouts and aprons. Cutouts shall not exceed 10% of the total sign area. Aprons shall be painted the same color as the sign poles.
            4.   Two billboard faces, back to back or “V” shaped, with not more than a 45-degree angle of separation are allowed on a structure. Vertical and horizontal stacking of billboard faces is prohibited.
            5.   Billboards shall be supported by one or two metal poles or metal- sheathed wood poles or any other construction material providing the construction plans are stamped by a state licensed engineer. Billboards as attached signs are prohibited.
            6.   Billboards must be spaced at least 1,000 feet apart radially along major arterials, and at least 1,000 feet apart radially along limited access highways. This radial spacing includes billboards located in other towns, cities and counties.
            7.   A sign permit is required for billboards.
            8.   The maximum height of billboards shall not exceed 45 feet. Billboards shall not exceed 30 feet in elevation above the grade level of the roadway that they serve.
         (b)   Construction sign. One attached (wall) or freestanding (pole) sign per street frontage on the lot, up to 32 square feet per sign. The sign must be removed within 30 days after the completion of construction. A sign permit is required for signs larger than 32 square feet; no sign permit is required for signs less than 32 square feet;
         (c)   On-premises sign.
            1.   Up to two square feet of attached (awning, canopy, roof, projecting, wall, window) sign for each linear foot of wall that the sign will be placed on; with at least 32 square feet of sign allowed for a business. Signs may be placed on any wall of a building. Sign permit required except for window signs;
            2.   One freestanding (ground, pole, portable) sign of up to 100 square feet is allowed per lot with less than 300 feet to 600 feet of street frontage. Sign permit required;
            3.   One freestanding (ground, pole, portable) sign of up to 150 square feet is allowed per lot with 300 feet to 600 feet of street frontage. Sign permit required;
            4.   One freestanding (ground, pole, portable) sign of up to 200 square feet, or two freestanding signs of up to 100 square feet of each is allowed per lot with more than 600 feet of street frontage. Sign permit required; and
            5.   One freestanding monument sign mounted on or within a base (above grade), which is detached from any building. Maximum sign area shall be limited to 24 square feet at a height of six feet. Sign permit required.
         (d)   Future use sign. One attached (wall, window) or freestanding (pole) sign per lot, up to 32 square feet per sign. The sign must be removed within seven day after the use announced takes place on the property. Sign permit required for signs 32 square feet or larger in size. No sign permit required for signs less than 32 square feet;
         (e)   Personal opinion sign and political sign. One attached (wall, window) or freestanding (pole) sign per lot, up to 16 square feet. Signs relating to elections can only be displayed within 90 days before the election to seven days after. No sign permit required;
         (f)   Real estate sign. One attached (wall, window) or freestanding (pole) sign per street frontage on a lot, up to 32 square feet per sign. The sign must be removed within seven days after the sale or lease of the commercial space. A sign permit is required for signs containing 32 square feet or more. No sign permit is required for signs containing less than 32 square feet; and
         (g)   Temporary commercial displays. Temporary commercial displays include the following.
            1.   Up to four 14-day temporary periods are allowed for a year.
            2.   A temporary commercial display may incorporate the following items: banners, pennants and streamers and balloons (are not to exceed 30 feet from the ground to the top of the balloon). Balloons cannot be placed on top of a building, one portable sign, not flashing.
            3.   A sign permit is required for a temporary commercial display. A $100 bond will be posted by the display builder or business to ensure that the display will be removed when the sign permit expires. If the display is not removed within two days after the sign permit expires, the city may remove the display.
      (2)   Freestanding signs. Freestanding signs must be placed at least five feet behind all property lines, and at least 30 feet behind property lines fronting a controlled access highway. Freestanding signs must be placed outside the clear sight triangle. The maximum heights shall be limited to 20 feet of on-premises signs and ten for all other freestanding signs.
      (3)   Exempted signs. The following types of signs are allowed in all areas, and they do not require sign permits:
         (a)   Directional signs listing entrances, exits and parking locations: one freestanding sign per curb cut, plus one additional sign per 5,000 square feet of lot space, up to four feet tall and six square feet;
         (b)   Drive-through restaurant menu and ordering boards: one attached (wall) or freestanding (pole, ground) sign allowed per lot, up to 24 square feet;
         (c)   For sale, for rent and for lease signs on vehicles, boats, trailers and other items of personal property, buildings, land or other real estate;
         (d)   Garage sale signs may only be displayed while the event is in progress and must not be placed in public rights-of-way or on public property. A garage sale sign may have up to three square feet of face area;
         (e)   Historical markers, plaques and cornerstones;
         (f)   Legitimate holiday decorations;
         (g)   National, state and local flags;
         (h)   Newspaper and mailboxes;
         (i)   Open house signs may only be displayed while the event is in progress, and must not be placed in public rights-of-way or on public property. An open house sign may have up to six square feet of face area;
         (j)   Public utility warning and underground utility identification signs;
         (k)   Signs, notices, placards, certificates and official papers authorized or required by any statute, government agency or court;
         (l)   Signs for restrooms; logos of credit cards accepted; trading stamps; trade association and Chamber of Commerce membership; business hours; gasoline and car wash signs for pumps, oil racks, vacuum cleaners and supply racks; vending and newspaper machines;
         (m)   Signs painted on vehicles and trailers that are currently operating and registered, used in the legitimate business activities and not for advertising;
         (n)   Street numbering, address and family name signs and signs on mail and newspaper boxes that identify the logo of the subscriber’s newspaper; and
         (o)   Window signs that advertise home tours, fairs, carnivals, fiestas and other similar events.
      (4)   Prohibited signs. The following signs are prohibited unless otherwise noted:
         (a)   1.   Signs that have changing light, color or motion effects, whether deliberate or resulting from a defect in the sign.
            2.   This includes:
               a.   Blinking, flashing, chasing and strobe lights and exposed neon;
               b.   Alternating color lights and signs;
               c.   Rotating beacons and skylights;
               d.   “Eye catcher” and other metallic devices designed to reflect daylight and flash that exceeds 15% of the total sign area;
               e.   Signs with animated and rotating parts; and
               f.   Signs that emit smoke, steam or other visual matter.
         (b)   This restriction does not apply to:
            1.   Rotating barber poles at an approved barbershop;
            2.   Flashing and chasing lights on concessions and rides at fiestas, fairs and similar special events;
            3.   Warning signs placed by government authorities;
            4.   Strings of flashing and chasing lights displayed during the December holiday season. Such lights may not outline or highlight a sign;
            5.   Displays of time and temperature. Time and temperature must be accurate; and
            6.   The use of scotchlite or reflective tape.
         (c)   Signs placed in or over the public right-of-way or public property may be removed by the city;
         (d)   Signs placed on vehicles or trailers that indicate the primary use of it as a sign. This does not include vehicles and trailers contributing to the course of legitimate (non-advertising/ identification) business activities and legally permitted portable signs;
         (e)   Signs attached on rocks, trees, outcroppings or other natural features;
         (f)   Signs placed on light or utility poles, retaining walls, fences or other similar features. A development sign incorporated into a wall is allowed;
         (g)   Banners, pennants, streamers and other fluttering devices, except on a temporary display basis as described above;
         (h)   Attached signs placed above the top of the roofline of a building;
         (i)   Freestanding signs placed inside the clear sight triangle, or placed where they might obscure a clear view of traffic warning or control signals and signs, pedestrian crosswalks and handicapped curbside ramps;
         (j)   Signs that block doors, opening windows, air vents, stairs and ramps;
         (k)   Signs built and displayed without sign permits, if a permit is required; and
         (l)   Any sign not expressly allowed in this Sign Code.
      (5)   Sign permits.
         (a)   Prior to receiving a building permit for a billboard from the city, proof of approval for the proposed sign by the state (if applicable) must be provided to the city by the applicant.
         (b)   The following information shall be provided when applying for a sign permit.
            1.   In addition to the signs stipulated above as requiring sign permits, the following actions shall also be done only upon the applicant having received a sign permit:
               a.   Expansion to the face area or height of an existing sign;
               b.   Change in location of an existing sign; and
               c.   Change in the dimensions of an existing sign.
            2.   Sign permits shall contain the following information:
               a.   Sign owner’s name, address, zip code and telephone number;
               b.   Sign builder’s name, address, zip code and telephone number;
               c.   Property owner’s name, address, zip code and telephone number;
               d.   Proposed sign dimensions, area, placement and height;
               e.   Frontage of the lot along the street (freestanding signs);
               f.   Distance from the proposed billboard to the two closest existing billboards; and
               g.   Site plan.
            3.   Sign maintenance and removal include the following.
               a.   Signs shall be built and maintained in conformity with the structural standards of the most current Uniform Sign Code.
               b.   Signs must be kept clean and in good repair, both structurally and in appearance. All braces, bolts, clips, fastenings and supporting frames must be securely affixed to the support structure or wall. Signs shall be kept free of rust, rot, insect infestation, bird nests and other deterioration. Billboard posters shall be kept free of peeling, fading and other deterioration.
               c.   If the message portion of a sign is not maintained, is peeled or becomes faded and unreadable, the message portion shall be replaced within 45 days or the sign shall be removed. If structural elements of the sign structure separate, or collapse, or fall into severe disrepair, the sign shall be replaced within 45 days or the sign shall be removed. This section shall not be considered an alteration of the prohibition on the replacement of a non-conforming sign.
               d.   If a sign is considered to be unsecured, unsafe or in danger of falling, or it is damaged, destroyed, taken down or removed for any purpose other than copy change, the sign must be removed or repaired and made to comply with all standards in the Sign Code.
      (6)   Non-conforming signs.
         (a)   A non-conforming sign may not be altered, changed in shape or size, raised or replaced unless such action brings the sign into closer conformity with this chapter.
         (b)   A non-conforming sign may not be moved unless it is brought into compliance with all standards of the Sign Code.
         (c)   Non-conforming signs that do not comply with this section’s prohibition of signs in the public right-of-way and prohibition of freestanding signs in the clear sight triangle must be moved to comply with those sections of the Sign Code within 180 days of adoption of this chapter.
         (d)   No non-conforming sign or billboard shall advertise or identify an object, person, institution, business, product, service, event or location that is no longer in existence or no longer relevant; also, no such sign shall be left bearing a message that is illegible in whole or part. Such conditions must be remedied within 90 days of notice to the sign owner by the city. If such condition is not remedied within 90 days of such notice to the owner by the city, the sign shall be considered abandoned and it shall be removed by the sign owner, property owner or city. Reusing a sign declared abandoned according to this section is illegal.
         (e)   If any sign is installed, displayed or maintained in violation of the Sign Code, or the applicable code it was erected under, or if a sign is in need of repair, alteration or removal, a notice will be sent to the sign owner, lessee or property owner. If such notice is not acted on within seven days, the city may initiate proceedings to revoke the sign permit (if any was issued) and remove the sign.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.181 OFF-STREET PARKING AND LOADING REQUIREMENTS.

   (A)   Parking requirements shall be based on the use or type and intensity of residential and non-residential use, facility or business. Uses not specified herein shall follow the parking requirements within the category most appropriate to that use. Off-street parking is permissible in all front yards, except as otherwise specified. Number of spaces shall be rounded to the nearest whole number. All parking shall be provided on the same lot as the structure served except as otherwise allowed in this chapter.
   (B)   (1)   Location and control of parking facilities.
         (a)   The off-street parking facilities shall be located on the same lot or parcel of land as the building they are intended to serve, except that in cases of practical difficulty for uses other than dwellings.
         (b)   The Zoning Administrator may consider a satellite lot meeting the following conditions.
            1.   All or part of a satellite lot must be adjacent to or within 200 feet from the main building or use, measured along the shortest available pedestrian route of access.
            2.   The satellite lot must be in the same ownership or control as the building or use it is intended to serve and must be maintained as long as the building or use exists. Such ownership or control may be by deed or by a long-term lease that runs concurrently with the building or use. Where a satellite lot is to be used for off-street parking, the applicant for a building permit shall submit with his or her application an instrument duly executed and acknowledged that subjects the satellite lot to parking in connection with the principal building or use. If a building permit is authorized, the Building Inspector shall cause the same instrument to be recorded in the office of the County Clerk. The recording fee shall be paid by the applicant.
      (2)   Access to parking facilities. Access driveways shall be provided for ingress and egress from all parking and loading facilities and shall be designed in a manner that will not interfere with the movements of vehicular and pedestrian traffic. Forward travel from a dedicated street shall be required for all uses except in connection with one- or two-family dwellings. All access driveways shall comply with all other applicable standards.
      (3)   Computation of required parking spaces. For the purpose of computing off-street parking spaces that are required by this chapter, the following rules shall apply.
         (a)   FLOOR AREAS shall mean gross floor area unless otherwise specified for a particular use.
         (b)   In auditoriums, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each 18 inches of length of such benches or pews shall be counted as one seat.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.182 OFF-STREET PARKING SPACES REQUIRED.

   (A)   Residential. Residential off-street parking spaces required:
      (1)   One-family and two-family dwellings: two spaces per unit; and
      (2)   Multiple-family dwellings, three or more:
         (a)   Dwelling units for the elderly: seven-tenths space per unit;
         (b)   Efficiency dwelling units: one space per unit;
         (c)   One bedroom dwelling units: one and one-half spaces per unit;
         (d)   Two or more bedroom dwelling units: two spaces per unit; and
         (e)   One additional space per five units.
   (B)   Miscellaneous, room for rent situations. Miscellaneous, room for rent situation off-street parking spaces required:
      (1)   Rooming, boarding or lodging house: one space per sleeping room;
      (2)   Private clubs, fraternities, sororities and lodges with sleeping rooms: one space for each member/resident; and
      (3)   Motel, motor hotel, motor lodge, hotel or tourist court: one space for each sleeping room, plus additional spaces required for auxiliary uses, such as restaurants, lounges and shops.
   (C)   Homes emphasizing special services, treatment or supervision. Homes emphasizing special services, treatment or supervision off-street parking spaces required:
      (1)   Adult foster care home, private care home or personal care home/facility: one space for every seven residents or portion thereof or one space for each employee or portion thereof, whichever parking requirement is greater; and
      (2)   Registered home, group daycare center, residential daycare center or child care center or daycare center: two spaces, plus a minimum of one 15-foot-wide stacking lane, 27 feet long and 15 feet wide, for greater then ten students.
   (D)   Offices and personal service establishments. Offices and personal service establishment off-street parking spaces required:
      (1)   Professional services, such as medical and dental offices, hairdressers, barbers, beauticians and other similar uses: one space for each 100 square feet of gross floor area;
      (2)   Small office establishments, such as law, accounting, engineering, real estate offices and other similar uses: two spaces, plus one space for each 300 square feet of gross floor area;
      (3)   Large business offices, such as telephone and electric companies and other similar offices: one space for each company-owned vehicle, plus one space for each 300 square feet of gross floor area;
      (4)   Low-volume service establishments, such as dry cleaning, equipment rentals, small and large item repair shops and similar uses: one space for each 300 square feet of floor space;
      (5)   High-volume service establishments, such as coin-operated laundries and other similar uses: one space for each 300 square feet of floor area;
      (6)   Funeral homes: one space per 50 square feet of floor area in funeral service areas, plus one space for each 250 square feet of office space. Parking lane(s) shall be provided 15 feet in width, and a total length of 100 feet; and
      (7)   Drive-up window service establishments: one space per 200 square feet of floor area, plus one stacking lane 15 feet in width and 200 square feet in length for each drive-up window.
   (E)   Retail establishments. Retail establishment off-street parking spaces required:
      (1)   Large-volume retail sales of small domestic products and groceries and shopping centers: one space for each 200 feet of gross floor area;
      (2)   Small-volume retail sales of domestic and specialized products such as plumbing, electrical and hardware stores, furniture stores, parts stores, cabinet stores, carpet stores, clothing and shoe stores and similar businesses: a minimum of three spaces, plus one space for each employee, whichever is greater;
      (3)   Retail sales of vehicles, heavy equipment and other large products, such as automobiles, mobile homes, recreational vehicles, farm equipment sales and similar businesses: one space for each company vehicle, in addition to one space for each 350 square feet of gross interior floor area, or five spaces plus one space for each employee, whichever is greater;
      (4)   Open air markets, such as farm or craft markets, flea markets, produce markets and other similar businesses: one space for each display stand or area and one space for every 200 square feet designated as the entire display area; and
      (5)   Storage areas in retail businesses: when a building used for retail sales has an area larger than 20% of its gross floor area being used specifically for storage of products sold within the store, 80% of the total area used for storage may be subtracted from the gross floor area used for off-street parking computations.
   (F)   Restaurants and entertainment establishments. Restaurants and entertainment establishment off-street parking spaces required:
      (1)   Food and beverage establishments, such as restaurants, cafes, bars and lounges, coffee shops, doughnut shops and similar uses: one space for each 75 square feet of gross floor area, in addition to one space for each two employees on the maximum shift; one space for each 200 square feet of outdoor patio area; drive-up window establishments are required to provide a stacking lane of at least 15 feet in width and 200 feet in length;
      (2)   Entertainment and amusement enterprises, such as auditoriums, theaters, sports arenas, dance halls, private clubs and lodges, meeting halls, skating rinks, adult entertainment and similar uses: one space for each 75 square feet of gross floor area, in addition to one space for each employee on the maximum shift;
      (3)   Court or alley entertainment uses that involve courts and alleys, such as tennis courts, handball courts, bowling alleys and similar uses: four spaces for each court or bowling lane, in addition to one space for each employee on the maximum shift; and
      (4)   Golf courses: one space for each ten linear feet of practice tees, and four spaces for each green, in addition to parking requirements for auxiliary uses, such as restaurants, bars and clubs.
   (G)   Schools, churches, community centers and hospitals. Schools, churches, community centers and hospital off-street parking spaces required:
      (1)   Colleges or high schools: one space per five seats or bench-seating spaces (seats in the main auditorium or field house only) or one for each two students, whichever is greater, plus one space for each administrator and faculty member;
      (2)   Elementary or junior high schools: one space per ten seats in the main assembly room or two spaces per classroom, whichever is greater, plus one space for each administrator and faculty member;
      (3)   Community buildings, libraries, museums, administration buildings, art galleries and centers: one space per 250 square feet of floor area;
      (4)   Churches: one space for every four seats in the primary assembly room; and
      (5)   Hospitals and nursing homes: one space for each two beds, in addition to one space for each employee on the maximum shift.
   (H)   Industry, manufacturing, warehouse and wholesale establishments. Industry, manufacturing, warehouse and wholesale establishment off-street parking required:
      (1)   Production line industries employing large numbers of office and production workers: one space per maximum number of employees per shift, plus one space for each company-owned truck/vehicle, in addition to one visitor space for each 1,000 square feet of floor area, up to 20,000 square feet;
      (2)   Warehouses which primary use is storage and require few employees: one space per employee, plus one space per 2,000 square feet of floor area, up to 30,000 square feet, plus one space for all company-owned trucks/vehicles;
      (3)   Wholesale establishments which primary use is wholesale sales: one space for each 500 square feet of floor area; and
      (4)   Storage areas: one space for each 1,000 square feet of floor area. In cases of wholesale establishments where more than 30% of the total floor area is used for storage, 70% of the given storage area shall be used for parking computations.
   (I)   Parking spaces for the handicapped.
Total Spaces in Minimum Designated Parking Lot
Minimum Designated Parking Spaces
Total Spaces in Minimum Designated Parking Lot
Minimum Designated Parking Spaces
0 - 25
1
26 - 35
2
36 - 50
3
51 - 100
4
101 - 300
8
301 - 500
12
501 - 800
16
801 - 1,000
20
More than 1,001
20, plus 1 for each additional space
The designated parking spaces shall be located so as to provide the most convenient access to entryways or to the nearest curb. All spaces shall comply with ADA accessibility guidelines.
 
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.183 FLEXIBILITY IN ADMINISTRATION REQUIRED.

   (A)   (1)   In view of the unique need of any given development, the inflexible application of the parking standards set forth in §§ 150.181 et seq. may result in a development either with inadequate parking space or parking space far in excess of its needs.
      (2)   Therefore, the Zoning Administrator may permit deviations from the requirements of §§ 150.181 et seq. or may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standards set forth in this section.
   (B)   The Zoning Administrator may allow deviations from the parking requirements set forth in §§ 150.181 et seq. when the Administrator finds that:
      (1)   A residential development is primarily oriented toward the elderly; and
      (2)   A business is primarily oriented to walk-in trade.
   (C)   Whenever the Zoning Administrator allows or requires a deviation from the parking requirements set forth in §§ 150.181 et seq., the Administrator shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.184 SIZE OF PARKING SPACES AND AISLES.

   (A)   Parking stalls and aisles shall be provided according to the following requirements in all zoning districts; see Parking Diagrams in Appendix F, attached to the ordinance incorporated herein:
Parking Angle
Stall Width
Base
Depth
Stall/Width of Aisle
One-Way
Two-Way
Parking Angle
Stall Width
Base
Depth
Stall/Width of Aisle
One-Way
Two-Way
30 feet
9 feet
18 feet
18.2 feet
11 feet
24 feet
45 feet
9 feet
12.73 feet
19.8 feet
13 feet
24 feet
60 feet
9 feet
10.39 feet
20.95 feet
18 feet
24 feet
90 feet
9 feet
20 feet
25 feet
25 feet
Parallel Parking
10 feet
10 feet
22 feet
12 feet
24 feet
 
   (B)   Each full-size space shall be not less than nine feet by 19 feet in length. Each compact space shall be eight feet by 16 feet in length. Compact spaces must be marked and shall be limited to 10% of the total spaces.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.185 GENERAL DESIGN REQUIREMENTS.

   (A)   Parking areas shall be designed so that vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units.
   (B)   The parking area of all developments shall be designed so that sanitation, emergency and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
   (C)   Every parking area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties of public rights-of-way. Such area shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation or other structure.
   (D)   Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.186 PARKING AREA SURFACES.

   (A)   Parking areas for businesses with a gross floor area exceeding 2,000 square feet shall be graded and paved with at least a one and one-half inch thickness of hot-mix pavement.
   (B)   Parking areas for businesses requiring ten or less parking spaces under this section can be graded and surfaced with surface material other than hot-mix pavement, provided that protection against potholes, erosion and dust can be assured.
   (C)   Parking spaces shall be appropriately demarcated with painted lines or other markings.
   (D)   Parking areas shall be properly maintained in all respects. In particular and without limiting the foregoing, parking area surfaces shall be kept in good condition (free from potholes and the like) and parking space lines or markings shall be kept clearly visible and distinct.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.187 EXTERIOR LIGHTING IN PARKING AREA.

   See § 150.179.
(Ord. 2010-018, passed - -)

§ 150.188 JOINT USE OF REQUIRED PARKING SPACES.

   (A)   One parking area may contain required spaces for several different uses; except as otherwise provided in this section, the required spaces assigned to one use may not be credited to any other use.
   (B)   To the extent that developments agreeing to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday, but is generally 90% vacant on weekends, another development that operates only on weekends could be credited with 90% of the spaces on that lot. If a church parking lot is generally occupied to only 50% capacity on days other than Sunday, another development could make use of 50% of the church lot’s spaces on those other days.
   (C)   If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of § 150.179 are also applicable.
   (D)   A written agreement between the affected property owners is required for all joint uses of parking areas, thereby assuring retention for such purposes and stating hours of operation. The agreement is to be approved as to content and form by the City Attorney and Planning Director and filed with the building permit application, if one is to be issued.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.189 ENLARGEMENT OF ORIGINAL BUSINESS OR USE.

   (A)   Whenever an original building or use is changed resulting in 30% enlargement or more of the original floor area, the entire building shall then and thereafter comply with the parking requirements set forth herein. Whenever a building is enlarged in floor area less than 30% of the original floor area, additional spaces shall be provided on the basis of only the enlargement.
   (B)   Whenever there is a change of use of the lot or the building that increases parking requirements, the parking standards in this chapter must be met.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.190 LOADING SPACE REQUIREMENTS.

   (A)   Off-street loading space shall be provided and maintained for every building or part thereof occupied by manufacturing, storage, warehouse store, market, hotel, mortuary, hospital, laundry, dry cleaning establishment or other similar uses requiring the receipt or distribution by vehicles of materials or merchandise.
   (B)   Spaces to be provided shall be in accordance with the following requirements:
      (1)   One space for the first 10,000 square feet or less of gross floor area;
      (2)   One additional loading space for each 10,000 square feet of gross floor area in excess of 10,000 square feet;
      (3)   Minimum dimensions for each loading space is 12 feet by 45 feet and minimum overhead clearance of 14 feet from the surface to the loading area;
      (4)   Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way or any parking space or parking lot aisle; and
      (5)   No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street area be used to satisfy the area requirements for loading and unloading facilities.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.191 FIRE LANE REQUIREMENTS.

   (A)   Authority to design; maintenance responsibility. The Fire Marshal, or his or her designee, is authorized to designate fire lanes on the property of shopping centers and other private or public property, as defined in this section, where such areas must be kept free of parked vehicles and other obstructions to provide ready access in such areas in case of fire or other emergency. The designation by the Fire Marshal of such fire lanes shall never be held to make the city responsible for the maintenance of such fire lanes on private property, but the owner of such property shall continue to be responsible for the maintenance of such area. The official records of the designation and location of any such fire lanes shall be kept in the office of the Fire Marshal.
   (B)   Construction on private property; shopping center construction. Before site plans of proposed shopping center construction or construction on private property, as defined in this chapter, are submitted to the Building Inspection Department for issuance of building permits, such plans shall be submitted to the Fire Marshal for his or her review and approval of the adequacy of the fire lanes provided therefor. The specific requirements of this section as applicable to a specific structure may be modified by the Fire Marshal in recognition of varying occupancies, size and a hazard of buildings and the provision of other means of access or fixed fire protection.
   (C)   Submission of site plan to Fire Marshal. The Fire Marshal, or his or her designee, may require the owners of existing shopping centers and existing facilities on private property, as defined in this chapter, to submit site plans for his or her use in determining whether to designate fire lanes on the property. The Fire Marshal may require that the fire lane for existing buildings be established to provide access for fire suppression operations by improving existing conditions. Fire lanes established for new and existing structures shall conform to fire lane requirements applicable at the time of construction. If no fire lane requirements were applicable at the time of construction, the Fire Marshal, or designee, may require establishment of fire lanes to conform with the requirements of this section, insofar as is practicable without requiring any construction, structural modification or substantial financial hardship.
   (D)   Parking signs - posting required; parking in posted area prohibited; exemption. Upon the designation of a fire lane pursuant to this section, the Fire Marshal, or his or her designee, shall give notice of such designation to the owner of such shopping center and other areas, as defined in this section, directing the owner to cause signs to be posted, at the expense of the owner, at designated locations, littered, “No Parking At Any Time - Fire Lane (Tow Away Zone)”. Such signs shall be of a standard size and color, of standard lettering and mounting, conforming to specifications established by the Traffic Engineer and Fire Marshal, and their designees. It is unlawful to park any vehicle other than authorized emergency vehicles in a designated fire lane when such signs are in place.
   (E)   Unlawful to park; exemption. It is unlawful to park any vehicle other than an authorized emergency vehicle in any fire lane established pursuant to this section except as may be specifically permitted by the Fire Marshal, or his or her designee (i.e., an armored vehicle may park in the fire lane for brief periods of time during the performance of his or her duty after obtaining a permit from the Fire Marshal’s office).
   (F)   Towing authorized. Unauthorized vehicles parked in designated fire lanes that block Fire Department or other emergency vehicle’s access may be towed at owner’s expense to a designated storage facility by the authority of the Fire Marshal, or his or her designee City Police Department.
   (G)   No parking signs - removal declared unlawful. It is unlawful for any person, without lawful authority, to attempt to remove any signs designating a fire lane established pursuant to this section.
   (H)   Display of unauthorized signs unlawful; declaration of nuisance. It is unlawful for any person to place, maintain or display any unauthorized sign that purports to be or is an imitation of or resembles an official sign designating a fire lane. Every such prohibited sign is declared to be a public nuisance, and the Fire Marshal is empowered to remove the same or cause it to be removed. Undesignated fire lanes in compliance with the fire lane requirements shall meet the stipulations of other sections and of this section. Failure to comply with proper fire lane establishment procedures shall, in addition to this section, be prosecuted according to the limitations of this chapter.
   (I)   Fire lane standards. Fire lanes designated by the City Police Department, in accordance to all city standards, shall be posted in the following manner.
      (1)   Curb markings include the following.
         (a)   The curb adjacent to an officially designated fire lane shall be painted red.
         (b)   The legend “FIRE LANE” shall be stenciled in white with four-inch uppercase letters on the top and face of the curb adjacent to a fire lane. This legend shall be repeated at intervals of 50 feet.
         (c)   No parking areas not officially designated as fire lanes shall not be painted red or marked in such a fashion as to be confused with an official fire lane.
      (2)   Signs include the following.
         (a)   The standard color of an official fire lane sign shall be as follows.
            1.   The background shall be reflective white.
            2.   The lettering and border shall be red.
            3.   The standard legend and lettering of an official fire lane shall be as shown on the attached drawing (see Appendix F, attached to the ordinance incorporated herein).
         (b)   The standard fire lane sign shall be posted as follows.
            1.   One sign shall be posted at each end of an official fire lane. Each sign shall have a single head arrow showing the appropriate direction of the fire lane.
            2.   A fire lane longer than 150 feet shall have intermediate signs posted at even intervals. Intermediate signs shall have a double head arrow indicating the fire lane is continuous. The intermediate signs may be posted as necessary, but in no case shall the intervals between fire lane signs be greater than 100 feet.
            3.   The fire lane sign shall be securely fastened to a suitable pole or support, with a minimum vertical clearance above the sidewalk of seven feet.
            4.   When poles are used to mount fire lane signs, they shall be placed two feet and six inches behind the face of the curb. In accordance with the Uniform Fire Code, no pole or obstruction may be placed within three feet of a fire hydrant.
            5.   Fire lane signs shall be posted parallel to the lane or curb to which they apply.
            6.   When the distance between the curb and a building, light standard or other structure is eight feet or less, the fire lane signs may be posted on the face of the building, light standard or other structure. The bottom of the sign shall be located seven feet above the adjacent sidewalk.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.205 PERFORMANCE DISTRICT; LAND USE CLASSIFICATION MATRIX.

   (A)   The purpose of the matrix is to assist the user of this chapter in identifying the classification for a specific land use. Where the same primary use of land is listed in more than one category, different standards may apply depending on the size of building or lot size. Where a land use is listed under only one classification, it is only allowed in that classification.
   (B)   PUD means planned unit development overlay zone.
   (C)   Roadside produce stands, block parties and/or tent revivals are classified as temporary vendor permits.
Land Use Classification
Primary Use of the Property
Low- Inten sity Resid ential
Medi um- Inten sity Resid ential
High- Inten sity Resid ential
Low- Intensit y Non- Residen tial
Medium- Intensity Non- Residential
High- Intensit y Non- Residen tial
PUD (Type)
Site Plan
Public Hearing (all PUDs)
Land Use Classification
Primary Use of the Property
Low- Inten sity Resid ential
Medi um- Inten sity Resid ential
High- Inten sity Resid ential
Low- Intensit y Non- Residen tial
Medium- Intensity Non- Residential
High- Intensit y Non- Residen tial
PUD (Type)
Site Plan
Public Hearing (all PUDs)
Adult entertainment
x (2)
x
x
Agricultural packaging and warehousing
x
5,000 square foot building maximu m
x
10,000 square foot building maximu m
x
Over 10,000 square foot building
x
Agricultural processing facilities
x
x (2)
x
x
Agriculture buildings
x
x
x
x
Airports and heliports
x (2)
x
x
Animal hospitals, veterinary clinics and kennels
x
x
x
x
Apartment complexes
x
x (1)
x
Auction yards
x
x
x
Automobile and truck repair, sales and services
x (2)
x
x
Automobile garages, painting or auto body work
x (2)
x
x
Auto-related repair and services, but not auto painting or body work
x
x
x
x
Banks and other structures
x
x
x
x (1)
x
x
Barns and other structures
x
x
x
Bars and lounges
x
x
x
x
Battery storage facilities
x (2)
x
x
Bed and breakfast facilities
x
x
x
Billboards and off-premises signs
x
x
x (1)
x
x
Borrow pits, batching plants and asphaltic mix plants
x (2)
x
x
Business services, such as copying, offices, office equipment services and similar uses
x
x
x
x (1)
x
x
Cemeteries and crematoriums
x (2)
x
Child and adult care, commercially operated
x
x
x
x
Churches and schools
x
x
x
x (1)
x
x
Commercial laundries
x
x
x (1)
x
x
Commercial towers
x (2)
x
x
Commercial uses not elsewhere classified
x
x
x
x (1)
x
x
Community buildings, public or private
x
x
x
x (1)
x
x
Construction equipment, related sales, services, storage and distribution facilities
x
x
x
Convenience stores, gas stations or car washes
x
x
x
Convention or exhibition halls
x (1)
x
x
Dairies and related operations
x (2)
x
x
Daycare centers
x
x
x (1)
x
x
Drilling of oil, gas wells or other shaft mining
x (1)
x
x
Duplexes
x
x
x (1)
x
x
Hazardous materials, hazardous waste facilities, including, but not limited to, storage, manufacturing or repackaging of hazardous waste or materials
x (2)
x
x
Health services, public or private
x
x
x (1)
x
x
Home occupations (see § 150.158 for list of permitted businesses)
x
x
x
x
Hospitals
x (2)
x
x
Hotels, motels or lodging houses
x
x
x (1)
x
x
Institutional uses, such as libraries, educational, cultural or health facilities
x
x
x
x (1)
x
x
Junk yards and dismantling
x (2)
x
x
Kennels and grooming services
x
x
x
x
Landfills for solid/liquid waste
x (2)
x
x
Major facilities for distribution of electric, natural gas, water, sewer, cable
x
x
x (2)
x
x
Manufacturing
x (2)
x
x
Minor utility buildings and substations, private or public
x
x
x
x
x
x (1)
x
x
Restaurants
x
x
x
x (1)
x
x
Retail sales and repair services
x
x
x
x (1)
x
x
Rock quarries and mineral extraction
x (2)
x
x
Roofing operations
x
x
x
RV parks
x
x
x
x
x (1)
x
x
Schools and churches
x
x
x
x (1)
x
x
Semi-truck parking and leasing services
x
x
x (2)
x
x
Single-family, mobile homes
x
x
x
x
x (1)
x
x
Single-family, site-built residences
x
x
x (1)
x
x
Smelters
x (2)
x
x
Stables, riding and/or boarding
x
x
x
x (1)
x
x
Stadiums
x (2)
x
x
Stockyards or slaughter houses
x (2)
x
x
Stone milling or processing
x (2)
x
x
Storage of bulk materials, such as asphalt, brick, cement, gasoline, grease, oil, paint, plaster and roofing
x (2)
x
x
Swine production
x (2)
x
x
Toxic chemical storage, transfer and manufacturing
x (2)
x
x
Triplexes
x
x
x (1)
x
x
Waste incinerators, including medical waste incinerators
x (2)
x
x
Water and sewer treatment plants
x (2)
x
x
Wholesale sales and storage
x
x
x (1)
x
x
Wrecking services
x
x
x (2)
x
x
 
(Ord. 2010-018, passed - -)

§ 150.206 COMMUNITY AND VILLAGE DISTRICT; LAND USE CLASSIFICATION MATRIX.

   (A)   The purpose of the matrix is to assist the user of this chapter in identifying the classification for a specific land use. Where the same primary use of land is listed in more than one category, different standards may apply depending on the size of building or lot size. Where a land use in listed under only one classification, it is only allowed in that classification.
   (B)   PUD means planned unit development overlay zone.
   (C)   Roadside produce stands, block parties and/or tent revivals are classified as temporary vendor permit. The asterisk * means a use is permitted in both the community and village zones.
Community and *Village District Land Use Classification Matrix
Land Use Classification
Primary Use of the Property
R- 1/A G
R- 1 M
R -2
R -3
R- M P
CM U/ VM U
C -1
C -2
C -3
I- 1
I- 2
I- 3
PU D
Ty pe 1 or 2
Community and *Village District Land Use Classification Matrix
Land Use Classification
Primary Use of the Property
R- 1/A G
R- 1 M
R -2
R -3
R- M P
CM U/ VM U
C -1
C -2
C -3
I- 1
I- 2
I- 3
PU D
Ty pe 1 or 2
Adult entertainment
x
x
Agricultural packaging and warehousing
x
x
x
Agricultural processing facilities
x
x
x
Agriculture
x
x
x
x
x
Airports and heliports
x (2)
Animal hospitals, veterinary clinics and kennels
x
x
x
Apartment complexes
x
x (1)
Auction yards
x
x
x
x (1)
Automobile and truck repair, sales and services
x
x
x
Automobile garages, painting or auto body work
x
x
x
Auto-related repair and services, but not auto painting or body work
x
x
Bakeries and catering services
x
x
x
x
Banks and other financial institutions
x
x
x
x (1)
Barns and other agricultural structures
x
x
x
x
x
Bars and lounges
x
x
x
x (1)
Battery storage facilities
x (2)
Bed and breakfast facilities
x
x
x
x
Billboards and off-premises signs
x
x
x
x
x
x (1)
Borrow pits, batching plants and asphaltic mix plants
x
x
x (2)
Business services, such as copying, offices, office equipment services and similar uses
x
x
x
x (1)
Cemeteries and crematoriums
x (2)
Child and adult care, commercially operated
x
x
x
x (1)
Churches and schools
x
x
x
x
x
x
x (1)
Commercial laundries
x
x
x
x (1)
Commercial towers
x (2)
Commercial uses not elsewhere classified
x
x
x
x (1)
Community buildings, public or private
x
x
x
x
x
x
x
x
x (1)
Construction equipment, related sales, services, storage and distribution facilities
x
x
x
x
Convention or exhibition halls
x
x (2)
Dairies and related operations
x (2)
Drilling of oil, gas wells or other shaft mining
x (2)
Duplexes
x
x
x (1)
Energy-generation operations
x (2)
Entertainment facilities, but not adult
x
x
x
x
x (1)
Explosive materials, manufacturing or storage
x (2)
Farmer’s markets
x
x
x
Farming and ranching
x
x
Fat rendering plants
x (2)
Fertilizer plants
x (2)
Flea markets
x
x
x
Food and fiber processing
x
x
x
x (2)
Foundries
x
x
x
x (2)
Fourplexes
x
x
x (1)
Funeral homes and funeral chapels
x
x
Greenhouses and nurseries
x
x
x
x
x
Ground transportation terminals
x
x
x
x
x
x (2)
Group homes, nursing homes and daycare centers in residential areas
x
x
x
x
x
x (2)
Hazardous materials, hazardous waste facilities, including, but not limited to, storage, manufacturing or repackaging of hazardous waste or materials
x (2)
Health services, public or private
x
x
x (1)
Home occupations (see § 150.158 for a list of permitted businesses)
x
x
x
x
x
Hospitals
x
x
x
x
x
x (2)
Hotels, motels, lodging houses
x
x
x (1)
Institutional uses, such as libraries, educational or cultural
x
x
x
x (1)
Junk yards and dismantling
x
x (2)
Landfills for solid or liquid waste
x (2)
Major facilities for distribution of electric, natural gas, water, sewer, cable
x
x
x
x
x
x (2)
Manufacturing
x
x
x
x (2)
Medical facilities (see health services, public or private, above)
Mini-storage units
x
x
x
x
Minor utility buildings and substations, private or public
x
x
x
x
x
x
x
x
x
x
x
x (1)
Mobile home and RV sales and services
x
x
x
x
Mobile home parks and mobile home subdivisions
x
x (1)
Off-site parking areas for commercial and industrial uses
x
x
x
x
x
x
x (1)
Personal services, including laundromats, dry cleaners, mailing services, beauty shops and similar uses
x
x
x
x
x (1)
Pet grooming services
x
x
x
Petroleum refineries and storage
x (2)
Poultry raising, slaughtering and processing (commercial)
x (2)
Prisons
x (2)
Professional and scientific offices and services
x
x
x
x
Recreation and sports facilities
x
x
x
x
x
x
x
x
x (1)
Recycling centers
x
x
x
x
Restaurants
x
x
x
x
x
x (1)
Retail sales and repair services
x
x
x
x (1)
Rock quarries and mineral extraction
x (2)
Roofing operations
x
x
x
RV parks
x
x
x
x (1)
Schools and churches
x
x
x
x
x
x
x (1)
Single-family, mobile homes
x
x
x (1)
Single-family, site-built
x
x
x
x
x (1)
Smelters
x (2)
Stadiums
x (2)
Stockyards or slaughter houses
x (2)
Stone milling or processing
x (2)
Storage of bulk materials, such as asphalt, brick, cement, gasoline, grease, oil, paint, plaster and roofing
x (2)
Swine production
x (2)
Toxic chemical storage, transfer and manufacturing
x (2)
Triplexes
x
x
x (1)
Waste incinerators, including medical waste incinerators
x (2)
Water and sewer treatment plants
x (2)
Wholesale sales and storage
x
x
x
x (1)
Wrecking services
x
x
x
x
x (2)
 
(Ord. 2010-018, passed - -)

§ 150.220 REGULATIONS.

   The following regulations are established for the keeping of livestock in all zoning districts unless the standards or regulations for a particular zoning district or category differ, in which case, the more specific regulations or provisions for that zoning district shall apply. The keeping of livestock shall be allowed, as long as minimum lot size requirements, development standards, care, maintenance and other requirements are met (see § 150.222). This chapter shall not be deemed to supersede or otherwise affect the enforceability of any private covenants restricting or allowing the keeping of livestock on a particular parcel. Density restrictions in this chapter shall not be applied to lots that are subject to less restrictive covenants that are of record in the City Clerk’s office prior to the filing of these amendments and benefit at least one other lot. If the provisions of this chapter conflict with the provisions of any other ordinance or other law, the more restrictive provisions shall apply. Commercial uses proposed to exceed these densities shall submit an application for a planned unit development under §§ 150.155 through 150.158. Agricultural uses shall be exempt, except within Community Districts and Village Districts, where a PUD application shall be required.
(Ord. 2010-018, passed - -)

§ 150.221 LOT SIZE REGULATIONS.

   (A)   A minimum lot size of three-quarters of an acre or 32,670 square feet shall be required for the keeping of livestock, other than mature stallions, bulls, buffalo and beefalo, which shall be prohibited from lots containing less than two acres. An SUP application shall be required if an applicant wishes to exceed the density standards; see § 150.177.
   (B)   These requirements shall not apply on parcels when the youth are involved in a sanctioned 4-H and/or Future Farmers of America (FFA) program and the livestock are housed on the property on a temporary basis.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.222 MINIMUM DEVELOPMENT STANDARDS APPLICABLE.

   (A)   The minimum standards for the keeping of livestock shall follow the USDA’s “Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching”.
   (B)   In accordance with state law, no animal dwelling unit shall be kept closer than 100 feet to any private domestic water well or closer than 200 feet to any public water well.
   (C)   A lot used for the keeping of livestock shall have appropriate improvements to ensure that:
      (1)   The animals are secured on the lot;
      (2)   The animals have adequate and appropriate protection from the elements;
      (3)   The animals have area for exercise;
      (4)   The animals have access to clean drinking water and feeding facilities; and
      (5)   Negative impacts on adjacent properties are minimized.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.223 COMPLIANCE WITH HEALTH AND ENVIRONMENTAL REGULATIONS.

   In keeping livestock consistent with the provisions of this subchapter, all health and sanitation laws and regulations of the State Environment Department, the State Health Department, the State Livestock Bureau and all other state and federal agencies must be met. All premises and facilities upon which animals are permitted to be kept shall be maintained in a clean, safe and sanitary condition at all times.
(Ord. 2010-018, passed - -) Penalty, see § 150.999

§ 150.235 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANNABIS. All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and does not include:
      (1)   The mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or
      (2)   The weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product.
   CANNABIS CONSUMPTION AREA. An area, licensed by the State Cannabis Control Division, where cannabis products may be served and consumed.
   CANNABIS COURIER. A person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
   CANNABIS ESTABLISHMENT. Includes the following:
      (1)   A cannabis testing laboratory;
      (2)   A cannabis manufacturer;
      (3)   A cannabis producer;
      (4)   A cannabis retailer;
      (5)   A cannabis research laboratory;
      (6)   A vertically integrated cannabis establishment;
      (7)   A cannabis producer microbusiness; or
      (8)   An integrated cannabis microbusiness.
   CANNABIS MANUFACTURER.
      (1)   A person that:
         (a)   Manufactures cannabis products;
         (b)   Packages cannabis products;
         (c)   Has cannabis products tested by a cannabis testing laboratory; or
         (d)   Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
      (2)   The Division may license four classes of manufacture.
         (a)   CLASS I. A licensee that only packages or repackages cannabis products, or labels or relabels the cannabis product container.
         (b)   CLASS II. A licensee that conducts Class I activities and manufactures edible products or topical products using infusion processes, or other types of cannabis products other than extracts or concentrates, and does not conduct extractions.
         (c)   CLASS III. A licensee that conducts Class I and Class II activities and extracts using mechanical methods or nonvolatile solvents.
         (d)   CLASS IV. A licensee that conducts Class I, Class II and Class III activities and extracts using volatile solvents or supercritical CO2.
   CANNABIS PRODUCER. A person that:
      (1)   Cultivates cannabis plants;
      (2)   Has unprocessed cannabis products tested by a cannabis testing laboratory;
      (3)   Transports unprocessed cannabis products only to other cannabis establishments; or
      (4)   Sells cannabis products wholesale.
   CANNABIS PRODUCER MICROBUSINESS. A cannabis producer at a single licensed premises that possesses not more than 200 total mature cannabis plants at any one time.
   CANNABIS PRODUCT. A product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients.
   CANNABIS RESEARCH LABORATORY. A facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses.
   CANNABIS RETAILER. A person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
   CANNABIS TESTING LABORATORY. A person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.
   DAYCARE. A facility required to be licensed by the state that provides care, services and supervision for less than 24 hours a day to children.
   INTEGRATED CANNABIS MICROBUSINESS. A person that is authorized to conduct one or more of the following:
      (1)   Production of cannabis at a single licensed premises; provided that the person shall not possess more than 200 total mature cannabis plants at any one time;
      (2)   Manufacture of cannabis products at a single licensed premises;
      (3)   Sales and transportation of only cannabis products produced or manufactured by that person;
      (4)   Operation of only one retail establishment; and
      (5)   Couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
   SCHOOL. The part of a school district that is a single attendance center in which instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either pre-kindergarten, elementary, middle school or high school or any combination of those and includes a charter school.
   VERTICALLY INTEGRATED CANNABIS ESTABLISHMENT. A person that is authorized to act as any of the following:
      (1)   A cannabis courier;
      (2)   A cannabis manufacturer;
      (3)   A cannabis producer; and
      (4)   A cannabis retailer.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022)

§ 150.236 CANNABIS BUSINESS REGISTRATION.

   All businesses operating within city limits are required by §§ 110.35 through 110.41 to apply for a business registration with the city and to pay a business registration fee. Business registrations shall not be issued to any cannabis establishment, cannabis consumption area or cannabis courier unless the applicant has a provisional license issued by the State Cannabis Control Division for the business activities in which the applicant is engaged or in which the applicant proposes to engage.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.237 CANNABIS ZONING.

   (A)   The purpose of this section is to ensure that the premises of all cannabis establishments and cannabis couriers are limited to those zoning districts where similar uses have already been identified in the land use classification matrixes found in §§ 150.205 and 150.206.
   (B)   The below cannabis activities correspond with the identified uses from the land use classification matrixes found in §§ 150.205 and 150.206.
      (1)   Cannabis testing laboratories and cannabis research laboratories shall be treated the same as “professional and scientific offices and services”.
      (2)   Cannabis manufacturers shall be treated the same as “agricultural packaging and warehousing,” “food and fiber processing” and “manufacturing”.
      (3)   Cannabis producers and cannabis producer microbusinesses which cultivate cannabis plants outdoors shall be treated the same as “dairies and related operations”.
      (4)   Cannabis producers and cannabis producer microbusinesses which cultivate cannabis plants indoors shall be treated the same as “greenhouses and nurseries”.
      (5)   Cannabis retailers shall be treated the same as “bars and lounges”.
      (6)   Cannabis couriers shall be treated the same as “ground transportation terminals”.
   (C)   (1)   Vertically integrated cannabis establishments and integrated cannabis microbusinesses may only be located in a zoning district in which each of the authorized activities proposed for the premises is allowed, whether as a permitted use or pursuant to a conditional use permit.
      (2)   For example, a vertically integrated cannabis establishment that is a cannabis manufacturer, cannabis producer cultivating cannabis plants outdoors and a cannabis retailer could not locate in an area zoned CC-1 (community commercial) unless an appropriate PUD Type 2 overlay zone has been established because the outdoor cultivation of cannabis is only allowed in areas with PUD Type 2 overlay zoning. See Community and Village District land use classification matrix in § 150.206.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.238 CANNABIS CONSUMPTION AREAS.

   (A)   The smoking of cannabis in public is prohibited within city limits except in cannabis consumption areas.
   (B)   A cannabis consumption area may be located inside any cannabis establishment; provided, however, that smoking of cannabis products in such consumption areas is only allowed if the cannabis consumption area occupies a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA, Chapter 24, Article 16.
   (C)   Unless licensed pursuant to the Lynn and Erin Compassionate Use Act, being NMSA §§ 26-2B-1 et seq., cannabis consumption areas shall be restricted to persons 21 years of age and older.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.239 MINIMUM DISTANCES FROM SCHOOLS AND DAYCARE CENTERS.

   (A)   No cannabis establishment, cannabis consumption area or cannabis courier may be located within 300 feet of a school or daycare center in existence at the time the cannabis establishment, cannabis consumption area or cannabis courier was licensed.
   (B)   For the purposes of this section, all measurements for determining the location of a cannabis establishment or cannabis consumption area in relation to schools or daycare centers shall be the shortest direct line between the actual limits of the real property of the school or daycare center and the actual limits of the real property of the proposed cannabis establishment or cannabis consumption area.
   (C)   Any cannabis establishment, cannabis consumption area or cannabis courier legally existing within the city by virtue of a license issued by the State Cannabis Control Division prior to the effective date of this subchapter shall not be required to comply with these minimum distance requirements.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.240 MINIMUM DISTANCES FROM OTHER RETAILERS AND CONSUMPTION AREAS.

   (A)   Cannabis retailers and cannabis consumption areas may not be located within 200 feet of another cannabis retailer or cannabis consumption area.
   (B)   For purpose of this section, all measurements for determining the location of cannabis retailers or cannabis consumption areas in relation to one another shall be the shortest direct line between the actual limits of the real property of the cannabis retailers or cannabis consumption areas.
   (C)   Any cannabis retailers or cannabis consumption areas legally existing within the city by virtue of a license issued by the State Cannabis Control Division prior to the effective date of this subchapter shall not be required to comply with these minimum distance requirements.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.241 HOURS OF OPERATION.

   (A)   Cannabis products may only be served, sold and consumed within cannabis consumption areas between the hours of 7:00 a.m. to 10:00 p.m., Monday to Sunday.
   (B)   Cannabis retailers, including vertically integrated cannabis establishments and integrated cannabis microbusinesses involved in retail, may only sell cannabis products between the hours of operation of 7:00 a.m. to 10:00 p.m.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022) Penalty, see § 150.999

§ 150.242 PERSONAL USE CULTIVATION AND PRODUCTION.

   Cannabis cultivation and production for personal use in quantities and as permitted by the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act is allowed anywhere in the city, subject to the following: “Cannabis cultivation and production for personal use must be conducted inside an enclosed and locked dwelling unit or an appropriate accessory structure (e.g., a controlled-environment agricultural structure)”. Refer to § 150.005.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022)

§ 150.999 PENALTY.

   (A)   Prosecution in court. This chapter shall be enforced as provided for by law, including, but not limited to, the specific provisions of NMSA §§ 3-21-10 and 4-37-3. No application under this chapter shall be approved for land that was illegally subdivided, or on which a violation of this or any other ordinance or requirement or any other provision of law exists.
   (B)   Civil penalties and enforcing entities. It shall be unlawful to construct, reconstruct, enlarge, change, maintain or use any building or to use any land in violation of any regulations or any provisions of this chapter or of any amendments thereto. Any person, firm, corporation or other entity violating this chapter or any regulations, provisions or amendments thereto shall be fined not more than $500 per owner per violation per location. The City Attorney, the City Chief of Police, any uniformed officer representing the city and the City Zoning Administrator shall enforce this chapter.
   (C)   Injunction, abatement and other remedies. In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used in violation of the law or of this chapter or any amendments thereto, or any land is, or is proposed to be, used in violation of the law or of this chapter or any amendments thereto, the City Board of Trustees, the District Attorney, the City Chief of Police, any uniformed police officer of the City Police Department or the Zoning Administrator or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies provided by law, may institute injunction, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 2010-018, passed - -)