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Belen City Zoning Code

CHAPTER 17

33 - C-2 MIXED USE

17.33.010 - Intent.

The purpose of this zone is to permit a mixture of housing, office, retail, entertainment, medical, and civic uses.

• Encourage a greater intensity of development in order to attract the people and commerce necessary to create a vibrant and diverse urban center.

• Encourage a blending of residential, civic, commercial and office uses in close proximity to each other with active commercial and retail uses along arterial and collector street frontages, and encouraging residential uses above the ground floor or behind a commercial building that fronts the street.

• Encourage a mixture of service and employment uses so that residents will have the opportunity to work as well as shop and play within walking distance from their homes.

• Encourage planning, design and detailing that reflects the needs of pedestrians, establishes multi-model circulation opportunities, and creates memorable civic spaces.

• Encourage the use of multi-modal transportation systems and reduce the amount of impervious surface.

(Ord. No. 2015-14, 11-16-2015)

17.33.020 - Accessory uses.

A.

Buildings or structures customarily incidental to uses allowed in this zone district.

B.

Home occupations are permitted only to the extent authorized by the city of Belen's zoning ordinance.

C.

Fences or walls not exceeding six (6) feet in height may occur within the rear or side yard setbacks of a residential lot and not exceed four (4) feet in height for a non-solid fence or three (3) feet for a solid fence within the front yard setback of a lot, unless buffering is required.

D.

Accessory structures are not allowed in front or side yards facing a public street and shall not exceed two hundred (200) square feet in floor area.

E.

Trash containers and trash compactors shall be at least fifteen (15) feet from the property line when adjacent to land planned or zoned for a single-family residential.

• Trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two (2) feet above the height of the trash container or compactor.

F.

Flag poles twenty-five (25) feet from any property line, with a maximum height of thirty-five (35) feet. Pole heights greater than thirty-five (35) feet may be approved by a conditional use permit.

Additional permitted and accessory uses are listed on the revised table of allowable land use (see section 17.48.010).

(Ord. No. 2015-14, 11-16-2015)

17.33.030 - Supplementary regulations.

A.

Setback. Minimum setbacks as measured from property line or right-of-way.

1.

Mixed use front: zero (0) feet;

2.

Mixed use rear: fifteen (15) feet;

3.

Mixed use side: zero (0) feet.

B.

Height. No building or structure shall exceed sixty-five (65) feet except as otherwise provided for in the city of Belen's zoning ordinance.

C.

Off-Street Parking. Shall be required as set forth in chapter 17.56 of this title, except for:

• Street frontage for pedestrian connections and circulation. On site with multiple buildings, parking is allowed in front of or between buildings that are interior to the site.

• Application requests for a reduction in the number of required off-street parking spaces as the result of shared parking will be considered.

• Shopping centers shall provide a minimum of four (4) parking spaces per one thousand (1,000) square feet of floor area.

D.

Loading. Loading shall be integrated within the site plan and wherever possible integrated within the building's architecture. Innovative loading solutions are to be encouraged.

(Ord. No. 2015-14, 11-16-2015)

17.33.040 - Development regulations.

A.

Consideration for Approval.

1.

Plans should comply with the intent and requirements of a mix of land uses set forth herein and not be used for a single land use.

2.

Plans must include residential and nonresidential uses within or in close proximity to the district with shared access and adequate pedestrian linkages.

3.

The total area of the proposed development must be a minimum of two (2) acres, but may be smaller with an approved conditional use permit.

4.

Plan may also include civic or community building, public utility and/or public spaces within the district.

B.

Development Review Process.

1.

An applicant wishing to develop property zoned C-2 must submit a master plan and design and development guidelines for the mixed use development for a preliminary review.

2.

Following preliminary review, the application will be subject to the review and approval of the planning and zoning commission.

3.

Upon approval, the master plan and accompanying documents will be used as the official guide for future development within the district.

4.

Site development within the district will require the submission of a site development permit application. The site development permit application will be evaluated based on compliance with the approved master plan and guidelines.

C.

Landscaping. Landscaping shall provide visual relief of the zoning district, with safe, comfortable and attractive spaces for pedestrians. Landscaping will be evaluated as part of the submittal process. Landscaping requirement for buffering shall be as established in the M-1 Zone.

D.

Lighting. Lighting shall comply with the Night Sky Protection Act and be shielded and placed to direct the light away from adjacent properties.

(Ord. No. 2015-14, 11-16-2015)