This zone permits only those uses which require special consideration because of their unusual nature, dimensions, frequency of occurrence, effect on surrounding property, or other similar reason. The boundaries of this zone district shall be determined only on a case-by-case basis following the procedures for a zone change as provided in this title. Any accessory uses shall be approved by the city council. Supplementary regulations and special conditions may be imposed by the city council upon recommendation by the planning and zoning commission. The city council may not grant a zone change for special use unless satisfactory provisions have been made:

A.

To assure that the degree of compatibility of property uses shall be maintained with respect to the special use and the surrounding uses of property in the general area;

B.

To preserve the integrity and character of the zone in which the use will be located, and the utility and value of property in the special use zone and in adjacent zones; and

C.

To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.

D.

To allow a combination of uses not otherwise permitted in an underlying district.

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

Special uses include but are not limited to the following:

A.

Airports, including aircraft sales and service.

B.

Automobile wrecking, dismantling, and salvage provided that:

1.

All activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least six (6) feet in height, and the principal building is not within two hundred (200) feet of a lot in residential use or zoned primarily for residential use.

2.

Inoperative automobile bodies may not be stacked above the plane established by the top of the required surrounding wall.

C.

Cemetery, mausoleum, or crematory provided that any site for a new cemetery shall contain at least five (5) acres.

D.

Correction, detention, or penal institution.

E.

Explosives storage, manufacture, or sales, provided that all buildings shall not be within five hundred (500) feet of any lot in residential use, unless sufficient blast, explosion, or fire confinement structures are installed according to national standards.

F.

Fairgrounds, baseball park complex, or stadium.

G.

Fuel wholesalers and storage (gasoline, liquefied petroleum) provided that all principal structures such as storage tanks shall not be within five hundred (500) feet of any lot in residential use, unless sufficient blast, explosion, or fire confinement structures are installed according to national standards.

H.

Feed lot operation; livestock auction.

I.

Golf course; driving range.

J.

Junk yard or salvage operation provided that all activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least six (6) feet in height.

K.

Mobilehome parks, subject to the following regulations:

1.

The minimum park size shall be three (3) acres.

2.

Maximum density shall be eight (8) mobilehomes per acre.

3.

Each mobilehome shall be situated on a space of at least three thousand five hundred (3,500) square feet.

4.

At least two (2) off-street parking spaces per mobilehome is required.

5.

No mobilehome shall be located within twenty (20) feet of any other mobilehome. Any mobilehome shall be at least twenty-five (25) feet from the right-of-way line of any public street and at least ten (10) feet from any property line of the mobilehome park.

6.

A common area for recreational use by park residents shall be developed and situated in a central location within the mobilehome park. At least three hundred (300) square feet of usable open space per mobilehome is required.

7.

A mobilehome park shall have at least one (1) entrance drive from a public street, and access to individual units shall be from private paved drives within the site. A paved walk shall be located along at least one (1) side of each drive. The width and design of the entrance drive and access drives shall be adequate to accommodate fire protection vehicles and equipment. All paved driveways, curbs, gutters, and walkways within the mobilehome park shall be constructed in accordance with the subdivision design standards of the city of Belen.

8.

A storm drainage management plan for the mobilehome park is required in accordance with the new drainage ordinance regulations. The mobilehome park shall be graded to retain localized stormwater on site. All graded slopes shall be protected from wind and water erosion through acceptable stabilization methods. These may include revegetation, terraced retaining walls of appropriate materials and construction, or erosion control netting. All drainage facilities shall be constructed and designed in accordance with the subdivision design standards of the city of Belen.

9.

All utility lines providing electric and telecommunication services within the mobilehome park shall be placed underground. Individual utility service meters shall be placed in the front portion of a mobilehome space and shall be visible and accessible for monitoring purposes. All water and sanitary sewer systems shall be designed and constructed in accordance with the subdivision design standards of the city of Belen.

10.

Landscaping is required within mobilehome parks to the extent that it enhances the appearance of the development, alleviates drainage problems, and blends with the surrounding area. Existing trees should be preserved to the extent possible.

11.

Area lighting shall be provided in the mobilehome park for safety and security purposes. All street lights shall be designed and placed in accordance with the subdivision design standards of the city of Belen.

12.

No mobilehome shall be occupied unless it is connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the Manufactured Housing Act of New Mexico (60-14-1 et seq. NMSA 1978).

13.

In the event a development is being proposed next to an irrigation ditch the developer shall construct a six-foot tall chain link fence or a fence of similar construction along the property line which borders said irrigation ditch. Irrigation ditch shall be defined as a lateral or canal and shall not be meant to include a bar ditch or small ditch for individual use.

L.

Manufactured home subdivisions, subject to the following regulations:

1.

Manufactured homes shall be used as residences, one (1) dwelling unit per lot, and installed on permanent foundations.

2.

Manufactured homes shall meet the construction requirements of manufactured housing; contain a heated area of at least twenty-four (24) by thirty-six (36) feet, or at least eight hundred sixty-four (864) square feet, as stated in the Manufactured Housing and Zoning Act (3-21A-1 et seq. NMSA 1978).

3.

The minimum lot size shall be at least four thousand five hundred (4,500) square feet.

4.

At least two (2) off-street parking spaces shall be required for each manufactured home, either on the lot or in designated parking areas located within one hundred (100) feet of such lot.

5.

Front setback for manufactured homes shall be at least twenty (20) feet.

6.

Side setback for manufactured homes shall be at least five (5) feet.

7.

Rear setback for manufactured homes shall be at least ten (10) feet.

8.

Usable open space shall be provided within the subdivision at five hundred (500) square feet per dwelling unit.

9.

A storm drainage management plan for the manufactured home subdivision is required in accordance with the new drainage ordinance regulations. The manufactured home subdivision shall be graded to retain localized stormwater on site. All graded slopes shall be protected from wind and water erosion through acceptable stabilization methods. These may include revegetation, terraced retaining walls of appropriate materials and construction, or erosion control netting. All drainage facilities shall be constructed and designed in accordance with the subdivision design standards of the city of Belen.

10.

All utility lines providing electric and telecommunication services within the manufactured home subdivision shall be placed underground. Individual utility service meters shall be placed in the front portion of a manufactured home space and shall be visible and accessible for monitoring purposes. All water and sanitary sewer systems shall be designed and constructed in accordance with the subdivision design standards of the city of Belen.

11.

Landscaping is required within a manufactured home subdivision to the extent that it enhances the appearance of the development, alleviates drainage problems, and blends with the surrounding area. Existing trees should be preserved to the extent possible.

12.

Area lighting shall be provided in the manufactured home subdivision for safety and security purposes. All street lights shall be designed and placed in accordance with the subdivision design standards of the city of Belen.

13.

All engineering designs shall meet the requirements of the city of Belen subdivision design standards.

14.

The site development plan and all required submittals shall be in accordance with the subdivision regulations for the city of Belen plat approval.

M.

Sand and gravel operations provided that any depleted land shall be rehabilitated in accordance with the following requirements:

1.

Grading or backfilling shall be made with non-noxious and noncombustible solids.

2.

Graded or backfilled land shall not collect and permit stagnant water to remain therein.

3.

Peaks and depressions of the area shall be reduced to a surface which will result in topography in substantial conformity to the land area immediately surrounding and which will minimize erosion caused by rainfall and runoff.

N.

Schools; university or college.

O.

Theater (drive-in) subject to the following regulations:

1.

Ingress and egress for any site abutting a state highway shall be approved in writing by the state highway department.

2.

Reservoir off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least twenty (20) percent of the vehicular capacity of the theater.

3.

Any screen less than five hundred (500) feet from a county arterial or state highway shall be so located or shielded that the picture surface cannot be seen from such highway.

P.

Any use or combination of uses, not otherwise permitted under a specific zoning district.

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

Each application for a special use zone shall be accompanied by development plans which shall:

A.

Be drawn to a minimum scale of 1″=100′.

B.

Show boundaries of the property to be developed and the topography both before and after development is completed.

C.

Show the proposed size, location, use, and arrangement of all structures, parking and loading areas, drainage facilities, landscaping and traffic and pedestrian circulation routes.

D.

Indicate the location, type, use, and size of structures on adjacent properties within two hundred (200) feet of the proposed development.

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

In the event that a use authorized as a special use zone is permanently discontinued by the owner, the special use zone may be cancelled and removed from the Belen zoning atlas under the provisions for a zone change in this title. That area delineated by such discontinued special use zone shall be rezoned to the prevailing surrounding zone district as determined by the city council. The city council shall act as the moving party under the conditions of this section.

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