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Belen City Zoning Code

CHAPTER 17

36 - MAIN STREET OVERLAY ZONE

17.36.010 - Intent.

The purpose of this zone is to promote and protect a special character and human scale of development along Main Street in the city of Belen. This zone is also intended to improve the safety and desirability of walking along Main Street.

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

17.36.020 - General provisions.

A.

This overlay zone shall apply to any lot within the city of Belen which is contiguous to Main Street, from the northerly boundary of the city to the southerly boundary of the city.

B.

The Main Street Overlay Zone shall appear on the Belen zone atlas superimposed on other zones, and its regulations shall supplement those of the underlying zones.

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

17.36.030 - Regulations.

A.

Setback. A minimum setback of ten (10) feet is required and shall be measured from any building on the premises to the lot line contiguous with Main Street. Varied setback on abutting lots is encouraged.

B.

Building Height. No building shall exceed forty-five (45) feet in height.

C.

Building Design and Maintenance. In order to minimize blight and to preserve the small town character within this overlay zone, buildings shall be designed and maintained using the following guidelines:

1.

Buildings shall be designed to appear more as an aggregation of smaller building blocks rather than a single large block or box.

2.

Exterior facade of buildings shall be constructed and maintained to exhibit earth tone materials. Brick, stone and/or painting to reflect brick and stone facade is encouraged. Painting or decorating buildings with bold patterns or large graphics, or using buildings as signs shall be at the approval of the city.

3.

Thin-skin curtain wall buildings, including aluminum siding, metal panels, and mirrored or otherwise dominating glass, are prohibited.

4.

Exterior mounted mechanical and electrical equipment, including solar hardware and satellite dish antennas, shall be architecturally screened.

D.

Signs. As per the Municipal Code dealing with sign regulations.

E.

Pedestrian Walkways. A minimum of ten (10) feet from the curb line into the abutting properties shall be reserved and developed for pedestrian activity. There shall be no obstruction within a pedestrian walkway which would impede pedestrian circulation.

F.

Off-Street Parking. To the extent possible, required off-street parking shall be located behind buildings with access to Main Street. When parking areas are visible from Main Street, they shall be screened from view by vegetation, planters, or other similar means.

G.

Street Trees. Within ten (10) feet of the curb line of Main Street, trees shall be planted approximately every thirty (30) linear feet of the street frontage. General policies for street trees are as follows:

1.

Wherever possible, street trees shall be placed behind the curb and sidewalk;

2.

Suitable street trees are mostly hardwood, non-fruiting, deciduous trees;

3.

Adequate vertical clearance below street tree branches shall be maintained at no less than seven (7) feet over pedestrian walkways and eight (8) feet over streets;

4.

Maintenance and trimming of street trees and replacement of dead trees is the responsibility of the abutting lot owner;

5.

Street trees shall be located so as to not interfere with the function for any underground utility lines.

H.

Area Lighting. The lighting of buildings and parking lots within this overlay zone shall conform to the following guidelines:

1.

The exterior lighting of any buildings, structures and surrounding grounds shall provide illumination safety purposes, and shall be placed and screened such that it does not shine directly or reflect into any adjoining residential properties or streets;

2.

Fixtures used in exterior lighting shall be selected for functional and aesthetic value and shall not contain fluorescent lamps;

3.

Parking lot lighting shall not emit light beyond the development;

4.

Must conform with the Night Sky Protection Act on outdoor night lighting fixtures to preserve and enhance the state's dark sky while promoting safety, conserving energy and preserving the environment for astrological views.

I.

Drainage. As per the Municipal Code drainage regulations.

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

17.36.040 - Procedures.

A.

Plan Required. All development and improvements to property within the Main Street Overlay Zone shall be constructed in accordance with a site plan approved by the city. Such site plan shall include the following:

1.

A plot plan showing the location, dimensions, height, and setback of all buildings and structures on the development site;

2.

Location and description of all signs, lighting, parking and loading areas, traffic access and circulation routes, and pedestrian areas;

3.

Preliminary sketch drawings or elevations of proposed buildings;

4.

A landscaping plan showing location and type of street trees and other proposed and existing vegetation on the development site.

B.

Plan Review and Approval. In order to obtain approval for any proposed development within the Main Street Overlay Zone, the required site plan shall be submitted to the planning and zoning officer which shall determine compliance with the provisions and intent of the Main Street Overlay Zone. An appeal of any decision by the zoning officer shall be carried out through the provisions established by the appeal process in the comprehensive zoning municipal code of the city of Belen.

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