Bosque Farms City Zoning Code
§ 10-1-11
C-1 Commercial Zone.
A.
Intent. The purpose of this zone district is to promote and enhance existing and new commercial development, including retailing, financial, and personal services.
B.
Designation of Commercial Zone. The designation of the Commercial Zone is hereby established under the following criteria:
(1)
A Commercial Zone shall be delineated as the geographic area as per the Official Zoning Map of the Village of Bosque Farms dated August 28, 2006.
(2)
The governing body shall make the final determination, upon recommendation by the Commission, regarding whether any particular property is within or outside of any Commercial Zone.
(3)
The Village Zone Map shall be made available for public inspection at the Village Office.
(4)
As of August 5, 2015, all C-1 regulations shall take effect no later than January 5, 2016; and all noncompliant uses, including any uses holding a certificate of noncompliance, shall cease unless brought into compliance with these regulations. A possible extension of up to six months may be granted at the Planning and Zoning Commission's discretion upon application to the Planning and Zoning Administrator/Officer.
C.
Application. A site development plan (SDP) shall be required for all new or redeveloped land use in this zone district.
(1)
At a minimum, the SDP shall include the following:
(a)
A written statement explaining the purpose and intent of the development, and a development phase schedule, if appropriate.
(b)
Boundaries and topography of the property to be developed.
(c)
A site map, of sufficient size and scale, showing the proposed location, type, use and size of all structures, setbacks, signs, lighting, on-site parking and loading areas, as required in § 10-1-18 of this Section 10-1, on-site stormwater retention facilities, landscaping, fencing, driveways, traffic and pedestrian circulation routes, and emergency vehicle access. Other information to show compliance with Village ordinances may be required.
(d)
Details of the engineering design of the on-site parking and on-site stormwater retention facilities shall be included in the SDP.
(e)
Delineation of proposed dedications and easements for public rights-of-way.
(f)
An area map showing the location, type, use and size of all structures on adjacent properties within 200 feet of the proposed development.
(g)
Written documentation showing that the New Mexico Department of Transportation has been notified of the new use if accessing a New Mexico state highway, and its findings.
(2)
Deviation or changes from the site plan shall be reviewed by the Planning and Zoning Administrator/Officer for approval before the changes are implemented.
D.
Permissive uses. Any of the following permissive uses are allowed in this zone district:
(1)
Banking and financial services.
(2)
Business and personal services.
(3)
Commercial kennels, veterinary hospitals, animal grooming parlors, or pet sales stores, provided that:
(a)
All animals shall be retained in a manner that prevents escape of enclosed animals or entry of other animals;
(b)
Animal quarters shall be designed to ensure safe, healthy, sanitary conditions for animals on premises;
(c)
Animal quarters shall be maintained to discourage concentration and breeding of insects and rodents;
(d)
Surface water discharge contamination shall be retained on site;
(e)
Animal waste shall not be allowed to accumulate in amounts that offend or cause a noxious odor. Such material shall be removed within 10 days of official notification from the Village of Bosque Farms;
(f)
Temporary on-site storage of animal waste shall be designed to prevent groundwater or surface water contamination; and
(g)
A solid fence, as defined in § 10-1-4, to provide a visual barrier at least six feet high shall be erected and maintained between the activity and all contiguous residential zone districts.
(4)
Construction and maintenance contractors and building trades, including associated storage, equipment sales and services, provided that:
(a)
A solid fence, as defined in § 10-1-4, to provide a visual barrier at least six feet high shall be maintained between the activity and all contiguous residential zone districts.
(5)
Conventional dwelling units, provided that:
(a)
It complies with the definition of "dwelling unit" in § 10-1-4;
(b)
The minimum lot size shall be 3/4 of one acre (32,670 square feet);
(c)
Raising and management of livestock is excluded;
(d)
The dwelling setbacks shall comply with the regulations as set forth in § 10-1-5D;
(e)
Nothing in this subsection shall prohibit having both a dwelling and a business on the same lot, or both a business and a dwelling in the same building on the lot; and
(f)
Only one dwelling unit is allowed per lot.
(6)
Food processing activities, in a building under 3,600 square feet, not including a slaughterhouse, provided all state regulations and licensing information is provided to the Village of Bosque Farms Planning and Zoning Administrator/Officer.
(7)
Fireworks sales allowable in accordance with Section 5-5, Fireworks, of the Village Code.
(8)
Galleries and museums.
(9)
Gas stations and other retailers of bulk petroleum products, provided that:
(a)
Dry clean-up of spilled gas and other petroleum products is provided for; and
(b)
There is a spill prevention countermeasure control plan as regulated by EPA and NMED.
(10)
General and professional offices.
(11)
Indoor amusement facilities, provided Village ordinances for off-street parking and noise regulations are followed.
(12)
Retail business establishments.
(13)
Pasture lands, provided that they are in accordance with § 10-1-5.
(14)
Self-storage mini-warehouses, provided that:
(a)
All storage is within a completely enclosed single-story structure not to exceed 12 feet in height;
(b)
All stored items shall be enclosed within the structure;
(c)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts; and
(d)
The site shall not exceed two acres (87,120 square feet) in size.
E.
Conditional uses. Conditional uses as outlined in § 10-1-13 of this Section 10-1. All permissive commercial uses shall also be permissible in conjunction with an approved conditional use. Additional reasonable conditions may be required by the Commission as the situation warrants. The following uses shall be allowed in this zone district only upon permit granted by the Commission:
(1)
Amusement park, carnival, or circus, as provided in § 10-1-13.
(2)
Caretaker dwelling unit as provided in § 10-1-13, provided there is no other conventional dwelling unit on the property.
(3)
Mobile home/manufactured home, provided it meets current installation requirements, or recreational vehicles as a conditional use when used as temporary dwelling unit during construction of a standard site-built dwelling unit or on-site assembly of a modular dwelling unit, in accordance with § 10-1-5K and L and:
(a)
A development review/building permit shall be obtained within 30 days following issuance of the conditional use permit;
(b)
Active and continuous construction shall begin within 90 days following issuance of the conditional use permit;
(c)
The mobile home/manufactured home shall be removed at the expiration of the conditional use permit; and
(d)
The recreational vehicle shall no longer be used as a residence after expiration of the conditional use permit.
(4)
Auction house or lot for the purpose of allowing regular public sales on a site designated for such use in which items of merchandise are sold to the highest bidder, excluding animals and/or livestock of any type or nature, provided:
(a)
Storage and/or display areas. Storage and/or display areas shall not occupy more than 40% of the lot where the auctions are to take place;
(b)
Off-street parking. There shall be adequate off-street parking as specified in § 10-1-19. Off-street parking within a reasonable distance shall be permitted, subject to approval of the Planning and Zoning Commission, provided written guarantees are given that such off-street parking shall continue to be available for the duration of the conditional use auction permit. Off-street parking and traffic areas shall be clearly designated and separated from the sales area so as not to create traffic or safety hazards, as required by the applicant's safety engineer or qualified expert and reviewed and approved by the Commission;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
(c)
Ingress and egress. Adequate and appropriate ingress and egress shall be provided to and from the lot and/or area where the auction is to take place; and
(d)
Storage, display and items to be auctioned. The storage and/or display of items to be auctioned shall be kept in an enclosed building or in an outside area with the construction of a solid fence on all sides to provide a visual barrier at least six feet in height, as defined in § 10-1-4. No stored materials shall be stacked or arranged above the height of the screen wall or fence. The structure shall be erected and maintained between such storage/display area and contiguous residential lots or a residential zone district, to be approved by the Commission.
(5)
Flea markets, subject to the following regulations:
(a)
There shall be adequate off-street parking as specified in § 10-1-19;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
(b)
The sale of animals is prohibited;
(c)
No merchandise intended for sale shall be stored on site after closing hours;
(d)
All tarps, tents, or sunshades shall be securely attached to prevent a safety hazard and shall be removed at daily closing time;
(e)
A site plan designed in accordance with the above requirements shall be submitted as part of the approval process;
(f)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts as per § 10-1-5G; and
(g)
All food vendors shall have a separate business license/registration with the Village of Bosque Farms and show permit approval by the New Mexico Environment Department.
(6)
Mobile home/manufactured home sales lot, including, but not limited to, the sale of new, used or consignment mobile/manufactured homes.
(a)
Separation requirements for display storage of mobile homes/manufactured homes shall be at least eight feet from one another and at least 10 feet from all fencing to allow for safety access. There shall be no dead-end passageways, and passageways will be a minimum of 20 feet in width. Obstructions under any definition within passageways shall not be allowed (25-4.3.1 NFPA Special Provisions, 1994, Life Safety Code);
(b)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(c)
On-site residential use is prohibited;
(d)
On-site customer parking shall be provided as specified in § 10-1-19;[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
(e)
Parking of semi-tractor trailer rigs used for moving or transporting mobile homes/manufactured homes shall be limited to two semi-tractor trailer rigs per mobile home/manufactured home sales lot;
(f)
Internal and external repair of mobile home/manufactured home units on site shall be limited to minor repair, and no major structural repairs or scrapping shall be allowed;
(g)
A mobile home/manufactured home may be used as an office, provided that it meets the requirements as set forth in § 10-1-14 of this Section 10-1; and
(h)
The property shall be paved or surfaced with base course or gravel.
(7)
Vehicle sales/leasing, including, but not limited to, the sale or leasing of new, used or consignment vehicles, recreational vehicles, trailers and agricultural equipment as defined in § 10-1-4, provided:
(a)
There shall be adequate off-street parking as specified in § 10-1-19;[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
(b)
Each vehicle sales space shall require, at a minimum, the length and width of the vehicle plus a two-foot access aisle around the perimeter of the vehicle;
(c)
Minimum setbacks from all rights-of-way and property lines for all parked, displayed or stored vehicles shall be four feet;
(d)
A solid fence, to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be maintained between the activity and contiguous residential zone districts;
(e)
Service of vehicles on site shall be limited to light repair. (See the definition of "vehicle repair, light" in § 10-1-4.) Any other repairs shall be subject to the provisions of Subsection C and E(8) of this § 10-1-11;
(f)
The property shall be paved or surfaced with base course or gravel; and
(g)
All vehicles must be operable within 30 days of arrival.
(8)
Vehicle service and/or commercial garages, to include collision, paint and body shops (excluding tire shops and salvage or scrap facilities), provided that:
(a)
Any major repair work shall be conducted entirely within an enclosed building;
(b)
Any minor repair work conducted outside of an enclosed building shall be on a concrete pad and shielded by a visual barrier from street view;
(c)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(d)
Outdoor storage of not more than three vehicles per enclosed service bay awaiting repair and/or delivery;
(e)
Provisions are made to adequately handle, contain and control all hazardous waste and shall meet all EPA requirements;
(f)
All parking areas for customers and vehicles awaiting service shall be paved or surfaced with base course or gravel;
(g)
Inoperable motor vehicles (as defined under § 10-1-4) shall not remain on the premises for longer than 90 days unless proof of activity, including, but not limited to, invoices dated within the preceding 10 days after the vehicle has been deemed inoperable or vehicle parts have been ordered and have not been received, will be grounds to grant an extension by the Planning and Zoning Administrator/Officer for an additional 30 days. No more than two such extensions shall be granted on any motor vehicle; and
(h)
All miscellaneous materials and parts must be stored within an enclosed building.
(9)
Processing and manufacturing activities, fabrication and assembly activities, provided that:
(a)
Bulk storage of toxic substances or hazardous materials shall be above ground and contained in a manner approved by the Fire Department and current FEMA;
(b)
All processing activities shall be carried out within a building and shall not produce off-site impacts which would be disruptive to contiguous properties;
(c)
No activity is conducted outside;
(d)
Other conditions as may be required by the Commission are met; and
(e)
No equipment or process shall be used which creates a nuisance such as noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises;
(10)
Tire shops, provided that:
(a)
All work conducted outside of an enclosed building shall be on a concrete pad and shielded by a visual barrier from street view;
(b)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(c)
All tires, including new, used and scrap tires, must be stored entirely within an enclosed building or accessory structure [see § 10-1-5R(3)];
(d)
Display of tires shall be limited to not more than four sets of tires (four tires per set) to be displayed outside of the building during hours of operation and must be brought back inside at the close of business;
(e)
The owner/operator must provide the Village with a copy of a contact for licensed tire disposal with an approved tire disposal service through the New Mexico Environment Department or show registration as a scrap tire hauler if the generator will self-haul in accordance with Section 50 of the New Mexico Recycling, Illegal Dumping and Scrap Tire Management Rule (RIDSTMR) and be able to provide manifests as requested by the Planning and Zoning Administrator/Officer; and
(f)
The property shall be paved or surfaced with base course or gravel;
(11)
Warehousing operations, provided the business is conducted entirely inside a building or within an area enclosed on all sides by a solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, provided:
(a)
Bulk storage of toxic substances or hazardous materials shall be above ground and contained in a manner approved by the Fire Department and FEMA; and
(b)
There shall be no off-site impacts that are disruptive to contiguous properties.
F.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 of this Section 10-1 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower as per § 10-1-8D(1).
(2)
Mobile home/manufactured home park as per § 10-1-8D(2).
(3)
Planned residential development as per § 10-1-8D(3).
(4)
Animal sanctuary/shelter as per § 10-1-8D(4).
(5)
Residential care/assisted-living facility as per § 10-1-8D(5).
(6)
Fairgrounds, baseball park complex, stadium and recreation complex.
(7)
Food processing, except a slaughterhouse, which requires an area of more than 3,600 square feet.
(8)
Fuel wholesalers and storage (gasoline, liquefied petroleum), provided that no facilities shall be within 400 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed according to the appropriate state regulatory agencies.
(9)
Hospital, sanitarium, and residential treatment centers.
(10)
Manufacturing, compounding, processing activities that require any work conducted outside, assembling or treatment of products made from raw or processed materials, provided:
(a)
They comply with current environmental pollution standards;
(b)
Bulk storage of toxic substances or hazardous materials shall be above ground and contained in a manner approved by the Fire Department and FEMA;
(c)
There shall be no off-site impacts that are disruptive to contiguous properties;
(d)
Other conditions as may be required by the Commission and/or governing body are met; and
(e)
No equipment or process shall be used which creates a nuisance such as noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(11)
Senior housing development.
[Added 8-18-2016]
(a)
Intent. This use provides for single-family dwellings, townhouses and uses incidental thereto on smaller lot sizes geared to senior living in compliance with the Department of Housing and Urban Development, Housing for Older Persons Act 1995, 42 U.S.C. § 3501. It is the intent of this subsection to permit eligible persons to live in developments that are safe, attractive and provide opportunities for exercise, recreation and social activities.
(b)
Development land requirements. Development may be established in a C-1 Zone on a tract of land containing four or more acres and shall follow the requirements for a major subdivision in the Village of Bosque Farms § 10-2, Land Subdivision Regulations, and § 10-1-18, Development review/flood hazard protection, of this section. Developments shall not be closer than 200 feet from State HWY 47.
(c)
Application.
[1]
The Planning and Zoning Administrator shall, in conjunction with the Planning and Zoning Commission, develop an application for any proposed senior housing development. That application may include, among other things, a site map, utilities, homeowner association (HOA) agreements, proposed landscaping, and any other materials which either the Administrator or the Commission believe to be important to the consideration of the proposed development. Upon the completion of the application, the Administrator shall transmit the application to the Planning and Zoning Commission.
[2]
The Planning and Zoning Commission shall begin its review of the application within 60 days of receiving the application from the Administrator. The Commission shall have the ability to request additional information from the applicant, to approve, reject and/or to require amendments to the proposed development or its HOA agreement as a condition of its approval of the application. Upon a majority vote approving the proposed development, the Commission shall transmit the application to the governing body.
[3]
The governing body shall begin its review of the application within 60 days of receiving the application from the Commission. The governing body shall have the discretion to approve or reject the proposed development, or to remand the application to the Commission for further consideration.
[4]
The governing body may, by resolution, assess a fee for the consideration of any application for a senior housing development.
(d)
Number of units. The number of dwelling units permitted in a senior housing development is determined by dividing the site area, minus street and front utility/sidewalk easement, by the minimum lot size permitted to the nearest whole number. The minimum lot size to be used for determining the number of dwelling units shall be 4,500 square feet.
(e)
Common area. A minimum of 500 square feet per lot shall be set aside as common area. Certain portions of drainage control areas may be accepted as detached open space if approved by Planning and Zoning Commission. Streets shall not count as common area. "Common areas" may include, but are not limited to:
[1]
Active and passive outdoor recreation.
[2]
Botanical parks.
[3]
Lakes, ponds, floodwater storage areas, and other public facilities for handling floodwater.
[4]
Structures and facilities incidental to the above uses.
(f)
Permissive lot uses:
[1]
One conventional dwelling per lot.
[2]
Accessory uses and structures.
[3]
Site built or modular homes of a uniform design.
(g)
Nonpermissive lot uses:
[1]
Hobby kennels.
[2]
Agricultural animal keeping.
[3]
Front yard parking of recreational vehicles.
[4]
Mobile homes/manufactured homes.
(h)
Conditional uses:
[1]
Conditional use permits.
[a]
Home occupations in accordance with § 10-1-13L of this Section shall require approval from either Planning and Zoning Administrator/Officer or the Commission.
(i)
Lot size:
[1]
Lots shall be a minimum of 4,500 square feet with a minimum lot width of 40 feet.
(j)
Dwelling size:
[1]
There shall be a minimum of 864 square feet per dwelling unit.
(k)
Setbacks:
[1]
There shall be a front yard setback of not less than 25 feet;
[2]
There shall be a ten-foot side setback on the street side of corner lots;
[3]
Side yard setbacks which are interior, i.e., measured from side lot lines which are not adjacent to streets, shall be one of the following:
[a]
Not less than five feet on each side.
[b]
There shall be one side yard setback of not less than 10 feet on one side. The other side yard setback may be eliminated and the abutting lot's contiguous side yard setback may also be eliminated sharing a common wall such as the case in a townhouse.
[c]
In all cases there shall be 10 feet between nonadjacent dwellings.
[4]
There shall be a rear yard setback of no less than 10 feet.
(l)
Permeable open space. Permeable open space shall be provided on site at 800 square feet per lot.
(m)
Streets. Streets shall meet standards required by § 10-2, Land Subdivision Regulations, regardless of whether they will be dedicated to the Village of Bosque Farms or they are to remain private.
(n)
Utilities. All utility lines providing electric and telecommunication services within the senior housing development shall be placed underground. Individual utility service meters shall be placed in the front portion of a dwelling space and shall be visible and accessible for monitoring purposes. All water and sanitary sewer systems shall be designed and constructed in accordance with Village of Bosque Farms ordinances.
(o)
Homeowners' associations and deed restrictions.
[1]
HOAs shall be established in compliance with the Homeowner Association Act NMSA 1978, §§ 47-16-1 to 47-16-15, and subject to such additional or amended terms as approved by the Planning and Zoning Administrator, the Planning and Zoning Commission and the governing body.
[2]
Deed restrictions shall be referenced on the subdivision plat and recorded with the Valencia County Clerk's office.
[3]
HOAs shall require individual lot owners and the members of the homeowners' association to be jointly and severally liable for maintenance of the senior housing development.
[4]
The recorded deed restrictions may not be amended or repealed without the Village's prior written approval.
[5]
The Municipal Judge of the Village of Bosque Farms shall not have jurisdiction to enforce disputes regarding the provisions of this subsection.
G.
Regulated business.
[Amended 8-19-2021]
(1)
Application. Regulated businesses shall apply on prescribed forms to the Planning and Zoning Administrator/Officer at least 20 days prior to the Planning and Zoning Commission meeting date when the application will be considered. Each application for a regulated business shall be accompanied by a site development plan as described in Subsection C of this § 10-1-11. (See also Subsection H.) Submission of inaccurate information with an application is grounds for denial.
(2)
Preliminary public meeting. The Commission shall hold a public meeting at which there will be a hearing to evaluate the regulated business application and shall submit its recommendation in writing to the governing body. Notice of the public meeting shall be given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days' prior to said meeting.
(3)
Public notification. The applicant shall post and maintain one or more signs on the premises, as provided and where instructed by the Planning and Zoning Administrator/Officer, at least 15 days' prior to the date of the Commission and governing body meetings at which the application will be heard.
(4)
Commission recommendation. All applications for a regulated business shall first be reviewed by the Commission, which shall submit a written recommendation concerning the application to the governing body. If the Commission fails to make such a written recommendation to the governing body within 45 days after receipt thereof, then the governing body shall act upon said application without a recommendation by the Commission.
(5)
Final public hearing. The governing body shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notification of the time and place of the public hearing shall be given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days' prior to the hearing. The notice of public meeting published 15 days before the Commission meeting shall be considered sufficient notice if it also has included the time and place of the public hearing to be held by the governing body.
H.
Regulated business types. The following uses shall be considered regulated businesses. Additional reasonable requirements may be required by the Commission or governing body as the situation warrants:
[Amended 10-20-2016; 8-19-2021]
(1)
"Adult entertainment establishment" includes but is not limited to an adult bookstore, adult sex accessories/products or services, adult cabaret, adult photo amusement establishment, adult photo studio, adult theater, adult video arcade, adult body oil or lotion demonstration parlors, strip clubs or gentlemen's clubs.
(a)
No person under 18 years of age may enter the business even if he is accompanied by an adult.
(b)
All clerks/personnel shall be 18 years of age or older.
(c)
The establishment may not display any form of advertising for adult-oriented products or services in view of the public, with the exception of any on-site sign that contains the name of a business for the purpose of identifying the business.
(d)
If the applicant is an individual, the Planning and Zoning Administrator/Officer shall obtain the current residence address of the applicant, together with the applicant's social security number. If the applicant is a partnership, the applicant shall disclose the names of all partners. If the applicant is a corporation, the applicant shall disclose the state of incorporation, the date of incorporation, the name and address sufficient for service of process of the registered agent within New Mexico and of each officer and director of the corporation. Further, the Planning and Zoning Administrator/Officer shall obtain the social security number of each officer or director of the corporation, it being the intention of this provision that the social security number shall be utilized to assist in obtaining background information on the officers and directors of the corporation. If the applicant is other than an individual, the applicant shall name a managing agent and provide that person's address and social security number. It shall be the responsibility of the applicant to pay any applicable fees on background checks.
(e)
Evidence that the owner, registered agent, resident manager or any officer or director of any corporation has been convicted or pled guilty to any felony or misdemeanor involving a crime of moral turpitude, including, but not limited to, sex offenses or violation of child pornography laws or other laws restricting or regulating the dissemination of adult-oriented material within five years preceding the date of this application will result in denial of the application.
(2)
"Body art/modification establishment" includes but is not limited to a tattoo shop/parlor, scarification shop/parlor and body piercing shop/parlor.
(a)
Prior to receiving initial and annual renewal of a business license for a body art/modification establishment, each business owner must provide evidence to the Planning and Zoning Administrator/Officer that the body art establishment successfully passed a state inspection pursuant to the Body Art Safe Practices Act (NMSA 1978, § 61-17B-1 et seq.) during the preceding calendar year. In the event that the body art establishment has not been inspected by the state through no fault of the business owner, the owner may apply to the Village for a thirty-day extension of time, allowing the business to operate temporarily until an inspection can be performed. If the body art establishment fails to successfully pass a state board inspection, the body art establishment shall suspend body art activities until it passes a re-inspection.
(b)
Administering body art on any person 18 years of age or under is prohibited.
(c)
Proof of age will be shown by a government-issued photo identification accompanied by at least one other government-issued document showing proof of age, such as a birth certificate.
(3)
Cannabis establishment.
(a)
Definitions. The words and phrases below wherever used in § 10-1-11H(3), shall be construed as defined in the section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
CANNABIS CONCENTRATE
Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
[1]
Does not include industrial hemp, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other products.
CANNABIS ESTABLISHMENT
An entity licensed by the Department to operate all the following:
[1]
A single retail location at which the licensee may sell cannabis and cannabis products to consumers, cultivate cannabis and cannabis products.
[2]
A single off-site cultivation location at which the licensee may cultivate cannabis, process cannabis and cannabis products, but from which cannabis and cannabis products may not be transferred or sold to consumers.
[3]
A single off-site location at which the licensee may package and store cannabis and cannabis products and package and store cannabis and cannabis products, but from which cannabis and cannabis products may not be transferred or sold to consumers.
CANNABIS PRODUCTS
Cannabis concentrate and products that are composed of cannabis and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
CANNABIS TESTING FACILITY
The Department or another entity that is licensed by the Department to analyze the potency of cannabis and test cannabis for harmful contaminants.
CHEMICAL EXTRACTION
The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from cannabis.
CHEMICAL SYNTHESIS
Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
COMMERCIAL BUSINESS
An activity conducted by companies to provide goods or services for sale. Commercial business includes the activity done outside of manufacturing or producing the products. Commercial business can also include the use of land or business for business activity, such as retail stores.
COMMERCIAL CANNABIS ACTIVITY
[1]
The cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products; and
[2]
Does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation our use of cannabis.
CONSUME, CONSUMING, and CONSUMPTION
The act of ingesting, inhaling or otherwise introducing cannabis into the human body.
CONSUMER
An individual who is at least 21 years of age and who purchases cannabis or cannabis products.
CULTIVATE and CULTIVATION
To propagate, breed, grow, prepare, and package cannabis.
DEPARTMENT
The State of New Mexico Department of Health Services or its successor agency.
DUAL LICENSEE
An entity that holds both a nonprofit medical cannabis dispensary registration and a cannabis establishment license.
EXTRACTION
The process of extracting or separating resin from cannabis to produce or process any form of cannabis concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.
MANUFACTURE and MANUFACTURING
To compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
MARIJUANA
All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
[1]
Includes cannabis as defined in N.M.R.S. § 26-2B-4, § 26-2B-5;
[2]
Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the marijuana to prepare topical or oral administrations, food, drink, or other products.
NONPROFIT MEDICAL CANNABIS DISPENSARY
A nonprofit entity as defined in N.M.R.S. § 26-2B-4, § 26-2B-5.
OPEN SPACE
A public park, public sidewalk, public walkway, or public pedestrian thoroughfare.
PERSON
An individual, partnership, corporation, association, or any other entity of whatever kind or nature.
PROCESS and PROCESSING
To harvest, dry, cure, trim, or separate parts of the marijuana plant.
PUBLIC PLACE
Has the same meaning prescribed in the Dee Johnson Clean Indoor Air Act, N.M.R.S. § 24-16-3.
SMOKE
To inhale, exhale, burn, carry, or possess any lighted cannabis or lighted cannabis products, whether natural or synthetic.
(b)
Cannabis prohibited on public property.
[1]
The use, sale, cultivation, processing, production, storage or distribution of cannabis or cannabis products is prohibited on property that is occupied, owned, controlled, or operated by the Village.
[2]
It is unlawful for an individual to smoke cannabis or consume cannabis products on property that is occupied, owned, controlled, or operated by the Village, or in any open or public area.
(c)
Cultivation of cannabis.
[1]
Cultivation of cannabis shall include any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis and is protected under NMSA, Article 9, §§ 47-9-7, the Right to Farm Act.
[2]
Unless otherwise determined by the State of New Mexico cannabis manufacture may only take place in a Commercial Zone as a regulated business. § 10-1-11G
(4)
"Smoke shop" includes but is not limited to a head shop, hookah bar, hookah lounge, herbal/tobacco smoke shop or vapor dealer.
(a)
No person under 21 years of age may enter the business even if he is accompanied by an adult.
(b)
All clerks/personnel shall be 21 years of age or older.
(c)
No products may be sold by means of self-service or vending machine assistance.
(d)
Smoke shops may not display any form of advertising for tobacco products in visible locations, with the exception of any on-site sign that contains the name of a business that lawfully sells tobacco products that have been placed at or upon the business premises for the purpose of identifying the business.
(e)
Businesses shall not distribute free tobacco products or promotional items.
(f)
Businesses shall not sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
(g)
Businesses must comply with all state and federal laws and regulations.
(h)
No smoking shall be permitted inside the shop.
(5)
"Check cashing/payday loan establishment" includes but is not limited to cash advances, payday advances, payday loans, title loans, and check cashing establishments.
(a)
Establishments shall comply with all federal and state regulations.
(b)
Establishments may not display any form of advertising for loan or check that contains the name of a business that lawfully conducts loans or check cashing services that has been placed at or upon the business premises for the purpose of identifying the business.
(6)
Bail bonds:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising bail bond services in visible locations, with the exception of any on-site sign that contains the name of a business that lawfully conducts bail bond services that has been placed at or upon the business premises for the purpose of identifying the business.
(7)
Pawn brokers:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising for pawn broker services in visible locations, with the exception of any on-site sign that contains the name of a business that lawfully conducts pawn broker services that has been placed at or upon the business premises for the purpose of identifying the business.
(8)
Fortune tellers:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising for fortune telling services in visible locations, with the exception of any on-site sign that contains the name of a business that lawfully conducts fortune telling services that has been placed at or upon the business premises for the purpose of identifying the business.
(9)
"Metal intake/recycling center" includes but is not limited to recycling centers, aluminum transfers, bottle exchanges, or scrap metal dealers.
(a)
Site fencing. A solid fence at least six feet in height, as defined in § 10-1-4, with exception to the front setback area being no taller than four feet in height, shall be erected on all perimeters.
(b)
Parking of semi-tractor trailer rigs used for moving or transporting materials shall be limited to two units and must be stored out of public view.
(c)
A maximum of three roll-off storage bins will be allowed on the property and must be stored out of public view.
(d)
Any and all salvage or scrap material will be unloaded on an appropriate concrete pad or the inside of the building and stored out of public view.
(e)
Centers shall comply with all federal and state requirements and regulations.
(10)
"Salvage or scrap facility" includes but is not limited to salvage yards, scrap yards, wrecking yards, junkyards, dismantlers, or any entity in the business of outdoor storage or deposit for storing, keeping, processing, buying or selling disused vehicles, disused machinery or other disused goods or materials for resale.
(a)
All vehicle parking areas for customers shall be paved or surfaced with base course.
(b)
All areas where salvage containing EPA-regulated fluids are stored must be paved.
(c)
Each vehicle space shall require at a minimum the length and width of the vehicle plus a two-foot access aisle around the perimeter of the vehicle.
(d)
Minimum setbacks from all rights-of-way and property lines for all parked, displayed or stored vehicles shall be four feet.
(e)
Solid fence, to provide a visual barrier at least six feet high as defined in § 10-1-4, shall be maintained between the activity and contiguous residential zone districts.
(f)
Provisions are made to adequately handle, contain and control all hazardous waste and shall meet all EPA requirements.
(g)
All miscellaneous materials and parts must be stored within an enclosed building.
(h)
Other conditions as may be required by the Commission. As of November 1,2016, all regulations for § 10-1-11H(10) shall be complied with no later than May 1, 2017; and all noncompliant uses, including any uses holding a certificate of noncompliance, shall cease unless brought into compliance with these regulations. A possible extension of up to six months may be granted at the Planning and Zoning Commission's discretion upon application to the Planning and Zoning Administrator/Officer.
I.
Regulated business requirements. Anti-skid-row regulations shall apply to all regulated businesses in an effort to disperse businesses evenly across the Village in order to avoid a high-density area, or skid row effect. All regulated businesses shall comply with the distance requirements listed below (See also § 10-1-11G.):
[Amended 10-20-2016; 8-19-2021]
(1)
Shall be at a location no closer than 1,000 feet to another regulated business. All measurements shall be the shortest direct line measurement between the main entrance and the proposed premises main entrance.
(2)
Shall be at a location no closer than 1,000 feet from a school property line (universities, community colleges, high schools, junior high schools, elementary schools, nursery schools).
(a)
Exceptions: Cannabis establishments shall be a minimum of 300 feet from any school or daycare center.
(3)
Shall be at a location no closer than 1,000 feet from state-licensed child-care centers and/or family day-care facilities property line.
(a)
Exceptions: Cannabis establishments shall be a minimum of 300 feet from any school or day-care center.
(4)
Shall be at a location no closer than 1,000 feet from youth-frequented locations, including, but not limited to, religious institutions, public libraries, public parks, bowling alleys, electric-game centers, pool and billiard halls, laser-tag or paint ball facilities.
(5)
Shall have a 350-foot setback between any activity conducted by the salvage or scrap facility, including any activity defined in Subsection H(10) and the lot line of any residentially zoned lot or lot in residential use regardless of zoning.
(6)
Shall pay a yearly regulated business licensing fee as per Section 5-1, Business Registration or License.
J.
Special provisions. The following provisions shall apply to all commercially zoned properties:
(1)
Any development plans with proposed infrastructure improvements such as streets, sidewalks, and water and sewer utilities shall be subject to the requirement for subdivision approval as set forth in the Section 10-2, Subdivision Regulations, of the Village Code. In addition, any subdivision of land shall be subject to the provisions of Section 10-2, Subdivision Regulations.
(2)
Landscaping shall be strongly encouraged on all new and existing development in this zone district. Visually attractive trees and shrubs should be placed along Bosque Farms Boulevard (NMSH 47) to enhance and soften the streetscape, and landscaping is encouraged to be placed as buffers along the perimeter of the C-1 Zone District and contiguous residential zones.
(3)
No development shall divert or channel stormwater runoff to contiguous properties. To the extent possible, direct precipitation shall be retained on site. It shall be strongly encouraged that all stormwater retention basins will be landscaped with appropriate plantings to withstand excess water and to aid in the filtration of polluted runoff.
(4)
Exterior lighting in this zone district shall be controlled to avoid spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Furthermore, in order to preserve and enhance the community's natural resource of dark skies, all outdoor night lighting fixtures shall be effectively shielded to prevent direct or reflected light into the sky.
(5)
All outdoor storage shall be enclosed on all sides by a solid fence at least six feet high, as defined in § 10-1-4. No stored materials shall be stacked or arranged above the height of the screen wall or fence.
(6)
There shall be no storage within setback areas as defined in § 10-1-5D; or, alternatively, there shall be designated emergency access.
(7)
No display and storage areas shall impose an undue burden upon police, fire or other emergency response officials or otherwise provide an unsafe or hazardous environment, and display and storage areas must allow free access for equipment.
(8)
All display and storage areas shall be kept weed, refuse and vermin free and shall not present a hazard to customers or the health, safety and welfare of the Village.
(9)
All display shall be set back from the street and public right-of-way lines so as not to obstruct pedestrian or vehicle traffic, allowing adequate visibility consistent with § 10-1-5O.
(10)
Adequate refuse containers shall be provided to control litter.
(11)
Adequate sanitary facilities (rest rooms), either portable or permanent, shall be provided on site.
(12)
A list of hazardous materials or explosives that are stored in bulk on the property, with such storage areas clearly marked on the map, shall be provided to the Fire Chief and the floodplain administrator.
(13)
No use will be allowed which will create dangerous, injurious, noxious, or other conditions that will pose a threat to public health, safety and welfare. No adverse impact on surrounding property will be allowed.
(14)
All businesses shall pay a business registration fee within 10 days following issuance of such permit; and shall maintain a current state Taxation and Revenue number and state licensing and certification if applicable to the type of business conducted.
(15)
There shall be adequate, legal access, which may require a New Mexico Department of Transportation access permit for development on New Mexico Highway 47.
K.
Setbacks, lot size and open space. The minimum lot size for this zone district shall be a minimum of 1/4 of one acre (10,890 square feet) and shall meet the following requirements:
(1)
Development shall be connected to the Village water and wastewater systems;
(2)
There shall be adequate stormwater retention as specified in § 10-1-5N;
(3)
There shall be adequate off-street parking as specified in § 10-1-19;
(4)
There shall be setbacks as required in § 10-1-5D;
(5)
There shall be no adverse impact created upon contiguous properties;
(6)
In cases where both water and wastewater system connections are not established, the minimum lot size shall be 3/4 of one acre (32,670 square feet), with on-site stormwater retention; and
(7)
Site development plans are required for all new development in this zone district.
L.
Exceptions. Any and all other business activities and/or the like of which are not covered in this Section 10-1 shall be disallowed except by completing and filing a business exception permit which will be presented to the Planning and Zoning Commission for determination. Permits may or may not be allowed after consideration of this Section 10-1 and the Comprehensive Land Use Plan.
