Bosque Farms City Zoning Code
§ 10-1-8
A-R Agricultural/Residential Zone.
A.
Intent. The purpose of this zone district is to maintain agricultural and related activities and to provide for low-density residential uses that are conducive to a rural atmosphere.
B.
Permissive uses. Any of the following uses are permissive in this zone district:
(1)
Accessory uses and structures;
(2)
Agricultural activities, including the cultivation and harvesting of croplands, and the raising and management of livestock and fowl in accordance with § 10-1-5B;
(4)
One conventional dwelling unit per lot; and
(5)
One temporary stand for the display and sale of agricultural products may be erected for a period of not more than 90 days per year and shall not exceed more than 400 square feet of gross floor area.
C.
Conditional uses. Conditional uses are governed by § 10-1-13 of this Section 10-1. The following uses shall be allowed in this zone district only upon permit granted by the Commission:
(1)
Accessory living quarters.
(2)
Mobile home/manufactured home, provided it meets current installation requirements, or recreational vehicle 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 10-1-13.
(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 a conditional use permit.
(c)
The mobile home/manufactured home shall be removed with 10 days of the expiration of the conditional use permit.
(d)
The recreational vehicle shall no longer be used as a residence after expiration of the conditional use permit.
(3)
Additional dwelling units for occupancy by employees or persons related to the residing family on the premises who are involved in any agricultural activities on the premises. In no case will such additional dwelling units be used as rental units for persons not associated with the agricultural activities on the premises.
(5)
Commercial greenhouses, nurseries, landscaping businesses.
(6)
Commercial stable, riding school and livestock sales.
(7)
Family day-care home as regulated by the applicable New Mexico state agency.
(8)
Home occupations in accordance with § 10-1-13L, which shall require approval from either the Planning and Zoning Administrator/Officer or the Commission.
(9)
The processing, packaging and sales of goods from agricultural products and/or agricultural by-products.
(10)
Winery.
D.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower, provided:
(a)
Wherever practical, co-location of equipment for use of more than one wireless communication provider on a single site.
(b)
The applicant shall provide information for the reason that the applicant cannot co-locate on an existing tower within Valencia County.
(c)
Property shall be enclosed within a solid fence at least six feet high as defined in § 10-1-4 of this Section 10-1.
(d)
Setbacks shall be at one to one foot setback for every foot of tower height from the boundary of the cell phone tower.
(e)
Color will be a light tone or color to minimize visual impact.
(f)
Owners of a wireless facility shall file annually a declaration as to the continuing use. Failure to do so shall be determined to mean the facility is no longer in use.
(g)
Unused towers and associated facilities shall be removed within 180 days of cessation unless an extension is approved. If the tower is not removed within 180 days, the tower and facilities shall be removed by the Village and associated costs shall be assessed against the company and/or property owner.
(h)
Towers built in the floodplain shall provide an environmental assessment.
(i)
Towers shall have FCC approval prior to being built.
(j)
The maximum height of the tower shall be 120 feet.
(k)
Property security shall be provided.
(l)
Any cell phone tower shall incorporate sufficient landscaping as a screening device at the base of the tower and associated structures, subject to the review and approval of the Planning and Zoning Commission. The total lot shall be maintained and kept free of weeds and debris.
(m)
These provisions shall not apply to HAM radio towers.
(2)
Mobile home/manufactured home park, provided:
(a)
All lots in a mobile home/manufactured home park shall be connected to Village sewer and water facilities. A mobile home/manufactured home park shall present evidence that adequate water and sewer service for each dwelling unit is provided in compliance with the requirements of the New Mexico Environment Department and in conformance with any applicable procedures and standards for centralized water as more specifically set forth within the provisions of Section 9-2, Water, and Section 9-3, Sewers, of the Code of the Village of Bosque Farms.
(b)
The minimum park size shall be at least five acres (217,800 square feet), but in no case more than 12 acres (522,270 square feet).
(c)
The maximum gross density shall be one mobile home/manufactured home per three-quarters of an acre (32,670 square feet).
(d)
No mobile home/manufactured home shall be located within 40 feet of any other mobile home/manufactured home. Any mobile home/manufactured home shall be at least 30 feet from the right-of-way line of any street and at least 10 feet from any property line of the mobile home/manufactured home park.
(e)
All roadways shall be at least 40 feet wide, and shall be paved per Village specifications.
(f)
Perimeter areas adjacent to public roadways shall be landscaped with at least one fifteen-gallon tree for each 50 feet of frontage along the roadway.
(g)
The park shall be continually maintained by the landowner to provide a clean and healthy condition for residents.
(3)
Planned residential development, subject to the following provisions:
(a)
All lots in a planned residential development shall be connected to Village sewer and water facilities. A planned residential development shall present evidence that adequate water and sewer service for each dwelling unit is provided in compliance with the requirements of the New Mexico Environment Department and in conformance with any applicable procedure and standards for centralized water as more specifically set forth within Section 9-2, Water, and Section 9-3, Sewers, of the Code of the Village of Bosque Farms.
(b)
Development shall be residential land use.
(c)
Buildings shall be no greater than 26 feet in height.
(d)
Elevation drawings of all buildings shall be included with the development plans.
(e)
The maximum gross density of the total development shall be one building per three-quarters of an acre lot (32,670 square feet), or one-half of one acre lot (21,780 square feet), for lots platted prior to 1973, and shall not exceed two dwelling units per building.
(f)
A portion of the land within the total development shall be set aside as open space for the common use of the residents of the development with the following assurances:
[1]
The ownership of the common area is clearly defined, with appropriate covenants forbidding partition;
[2]
Partition for future sale and development is not allowed; and
[3]
The responsibility for improvements and maintenance of the common area is clearly defined, and a method is provided for funding such improvements and maintenance of the common area.
(g)
It shall be strongly encouraged that all perimeter areas adjacent to public roadways shall be landscaped with at least one fifteen-gallon tree for each 25 feet of frontage along the roadway.
(h)
For those planned residential developments that are nine acres or larger, all common roadways into the total development shall be at least 40 feet in width and shall be paved per Village specifications.
(i)
The total development shall be graded to retain localized stormwater on site.
(j)
There shall be at least 20 feet of separation between buildings.