(a)

Rural residential (R-R) district. The rural residential district is intended to provide for areas that will accommodate agricultural, ranching, and natural resource uses and very low-density residential uses, until such time as other development is appropriate. There shall be a maximum of one primary residence per lot for R-R Rural Residential District Zoning.

(b)

Residential 1 (R-1) district. The residential 1 district is intended to accommodate moderate density single-family residential development and to provide land-use protection for areas that develop in such a manner. There shall be a maximum of one primary residence per lot for R-1 Residential District Zoning.

(c)

Residential 2 (R-2) district. The residential 2 district is intended to accommodate higher density single-family, duplex, multiple-family, and mobile home parks and subdivisions and to provide land-use protection for areas that develop in such a manner.

(d)

Commercial 1 (C-1) district. The commercial 1 district is intended to accommodate neighborhood-scale retail, office, and customer service uses. Such uses are regulated in order to reduce adverse impacts on surrounding residential development.

(e)

Commercial 2 (C-2) district. The commercial 2 district is intended to accommodate community and regional-scale retail and commercial uses. Such uses are regulated in order to be compatible with surrounding uses and existing infrastructure.

(f)

Industrial (I) district. The industrial district is intended to accommodate heavy and/or concentrated fabrication, production, research, manufacturing, and industrial uses.

(g)

Planned unit development (PUD) district. The planned unit development district is intended to accommodate only uses that are allowed in other zoning districts, but to allow more innovative design, massing, orientation, and clustering in development patterns. The district is not intended to reduce design and quality standards below those required by this code and other regulations of the city.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)

(a)

Use categories and specific uses. If a specific use is listed in the table, that use is allowed only within the districts indicated, not within the districts that allow the broader use category. Most of the specific uses listed in Use Table 56-41(g) are defined in article II.

(b)

Allowed uses. An "A" indicates that the listed use is allowed by right within that zoning district. Allowed uses must comply with all applicable standards of this Zoning Ordinance and require a zoning permit.

(c)

Conditional uses. A "C" indicates that the listed use is allowed within that zoning district only after review and approval of a conditional use permit, pursuant to the review procedures of subsection 56-150(f). Conditional Uses are subject to all applicable standards of this Zoning Ordinance.

(d)

PUD uses. A "P" indicates that the use may be included in a PUD zoning district only after review and approval pursuant to the review procedures of subsection 56-150(k). PUD uses are subject to all applicable standards of this Zoning Ordinance, unless these standards are modified by the terms of the approved PUD.

(e)

Prohibited uses. A blank cell, one without an "A", "C" or "P", indicates that the listed use type is not allowed within that zoning district.

(f)

Uses subject to specific regulation. Many uses are subject to use-specific regulations, in addition to general regulations that apply to all development. Uses followed by an asterisk (*) are allowed by right but additional regulations apply. See section 56-42 for regulations.

(g)

Use tables.

For Further Assistance Using Tables 1—6, see also:

Definitions, Article II

Use regulations, section 56-42

TABLE 1 - PERMITTED RESIDENTIAL USES

TABLE 2 - PERMITTED INSTITUTIONAL AND CIVIC USES

TABLE 3 - PERMITTED COMMERCIAL USES

TABLE 4 - PERMITTED INDUSTRIAL USES

TABLE 5 - PERMITTED OTHER USES

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)

(a)

Adult business uses.

1.

Adult business uses shall not be established, operated, or maintained within 1,000 feet of any boundary of any residentially zoned district, structure used for residential purposes, outdoor recreation facility, place of worship, public or private school, child day care, or another adult business use.

2.

Any adult business use lawfully operating as a conforming use shall not be rendered a non-conforming use by the subsequent location of any use listed in subsection (a)(1) above.

3.

Advertisements, displays, or other promotional materials displaying or depicting adult material shall not be shown or exhibited so as to be visible or audible to the public from adjacent streets, sidewalks, or walkways, or from other areas outside the establishment.

4.

All building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent the interior of such premises from being viewed from outside the establishment.

(b)

Agriculture and livestock uses.

1.

In the R-1 Residential District, a maximum of three chickens (hens only, no roosters) shall be permitted for egg laying but not for butchering. Three rabbits may be kept as pets but not for butchering. Chickens and rabbits shall be housed in proper coops or cages and shall not be allowed to roam freely outside of the property. Excrement shall be cleaned up and properly disposed of daily so as not to create a nuisance. A conditional use permit shall be obtained by the property owner before any chickens or rabbits are brought to the property. All other livestock uses shall be limited to the Rural Residence District on lots that contain a minimum of three-quarters of an acre or as otherwise regulated below. Livestock shall include, but not be limited to, horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, rabbits, ratitae, camelids, members of the lama genus, or farmed cervidae.

2.

For a property containing a minimum of three-quarters of an acre, horses, asses, mules, cattle, sheep, goats, bison, ratitae, camelids, members of the lama genus, or farmed cervidae, may be raised or kept, but not to exceed:

a.

One sheep, goat, ratitae, or member of the lama genus but not to exceed one animal for each 4,000 square feet of land on which the animal will be maintained; or

b.

One horse, ass, mule, cow, bull, steer, bison, camelid, or farmed cervidae, but not to exceed one animal for each 10,000 square feet of land on which the animal will be maintained.

c.

Swine may not be raised or kept.

3.

For property containing an area of one acre or more:

a.

Sheep, goats, ratitae, or members of the lama genus may be raised or kept, but not to exceed one animal for each 4,000 square feet of land on which the animals will be maintained.

b.

Horses, asses, mules, cattle, bison, camelids, or farmed cervidae may be raised or kept, or trained, but not to exceed one animal for each 10,000 square feet of land on which the animals will be maintained.

c.

Poultry and rabbits may be raised or kept, but not to exceed a total of 24 animals on any property.

(i)

Poultry or rabbits produced or raised on the property may be sold, but retail stands or structures are not permitted.

(ii)

The killing or dressing of livestock for commercial purposes is not permitted.

(iii)

A maximum of one crowing fowl may be kept per acre of land.

d.

Swine may be raised or kept, but not to exceed one swine for each 20,000 square feet of land on which the animals will be maintained.

e.

Stands for display or sale of agricultural products, including poultry or rabbits, raised or grown on the premises are permitted, provided that:

(i)

The number of stands is limited to one for each property; and

(ii)

The size of the stand does not exceed 400 square feet of floor space.

f.

All livestock shall be maintained in permanently fenced fields, corrals or other permanent enclosures of sufficient durability and rigidity to prevent release. A supply of potable water in reasonable quantity shall be readily available for all animals at all times. Sufficient shade shall be provided for all livestock animals maintained within each enclosure. Animal waste shall not be permitted to accumulate and shall be properly disposed of every 24 hours. A minimum of 40 square feet of shade shall be provided for each animal.

(c)

Animal care, boarding, sales. No outdoor overnight boarding of animals is allowed in a C-1 zone.

(d)

Artisan/craftsman shop. Building size in the R zone is limited to 1,500 square feet. Building size is unlimited in the C-1, C-2, and I zones.

(e)

Bar/brewery (large and small)/distillery (large and small). All facilities selling or serving alcohol must comply with state and local licensing requirements and all other applicable ordinances, laws, rules, regulations, codes, and policies.

(f)

Batch or asphalt plants. A site and rehabilitation plan shall be submitted to the planning director, and shall contain the following information.

1.

The locations of all structures, the location of processing equipment, and adequate fencing and buffering of the site to prevent adverse impacts on neighboring properties, as required by the provisions of this section.

2.

The hours of the day and the number of months or years that the plant will be operating.

3.

How the project site will be rehabilitated upon conclusion of the excavation or upon lapse of any required conditional use permit, whichever occurs first, including finish contours, grading, sloping, and the location and amounts of vegetation.

4.

An access road plan and a traffic impact analysis.

5.

Additional information requested by the planning director and related to the impacts of the project on the surrounding area or the certainty that the site will be rehabilitated.

6.

Where the operation is adjacent to subdivided residential or developed residential or commercial property, fencing or buffering may be required by the planning director to minimize dust, noise and other impacts to neighboring properties.

7.

Where the access road plan or traffic impact analysis indicates potential health or safety concerns on the project site or in the surrounding vicinity, the planning director may place reasonable restrictions on the use of public rights-of-way, or may require the use of alternative access roads to minimize those impacts.

8.

Batching or loading operations shall not be permitted within 1,000 feet of a dwelling unit unless the owner and occupant of the residence have consented in writing to such operation.

9.

Batching and asphalt equipment shall be set back at least 100 feet from all road rights-of-way and watercourses. Existing trees and ground cover along street frontage and watercourses shall be preserved, maintained, and supplemented, if necessary, to reduce dust, erosion and noise impacts to neighboring properties.

10.

Operation shall be limited to the hours of 6:00 a.m. to 10:00 p.m. unless longer or shorter hours of operation are approved as part of the conditional use permit.

11.

The operation shall comply with the plan, as modified by the planning director pursuant to this section, and the provisions of the plan and all other conditions set forth in this section become part of the conditional use permit for the operation.

12.

If either the use is not operated within one year of obtaining the conditional use permit or if the use ceases for a period of one year and a request for extension has not been received and approved by the planning and zoning commission, the conditional use permit will expire. Extension requests shall explain the reasons for the delay in operations and why those reasons will not apply during the extension period.

13.

The city shall have all rights of access to the project site for purposes of verifying compliance with the provisions of this code.

(g)

Bed and breakfast.

1.

Guests shall not be permitted to stay in a recreational vehicle.

2.

Guests shall not be permitted to stay longer than two consecutive weeks.

3.

The residential character of the structure shall be maintained.

4.

Permanent, full-time staff shall be limited to permanent residents; occasional staff, generally associated with large residences are permitted.

5.

All required food preparation and handling permits shall be obtained and remain current.

6.

Business shall be registered with the city as a bed and breakfast.

(g.5)

Campground/camp.

1.

Drainage, ground water level, soil and topography shall not create hazards to the property or the health and safety of the occupants or be injurious or detrimental to properties and persons near the proposed location of the activity.

2.

Each campground shall contain space for a minimum of three tent spaces and a maximum of three recreational vehicle (RV) spaces, as defined below, and contain no less than one acre/s. Tents shall be located in a space designated for such use.

3.

The primary entrance shall be from a platted street and from a designated driveway. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the campground. Internal drive aisles shall be a minimum of 12 feet in width and shall be adequately marked with appropriate directional signage. Paving is not required.

4.

Adherence to the setbacks in the underlying zoning district is required. Tents and RVs are not allowed within the required setbacks. A six-foot, solid wall or fence shall be required along the side and rear property lines and a three-foot solid wall or fence shall be required along the front property line where the campground abuts a residential zone or public right-of-way. The wall or fence shall be located so as not to interfere with the clear sight triangle at intersections or obstruct the view of traffic. Chain link fencing with slats shall not be considered a solid fence.

5.

In order to encourage connectivity and pedestrian activity, gates may be provided where necessary and convenient for pedestrian access to internal and external sidewalks, walkways and public rights-of-way. A perimeter wall or fence is not required where the campground abuts the river or other natural amenity but is required otherwise.

6.

Fresh water shall be provided on-site and all garbage, sewage, trash or waste water shall be disposed of in approved facilities provided by the management for that purpose. A public sanitation station for RVs is located at 302 Plaza Street.

7.

Not less than five percent of the gross site area shall be devoted to open space for recreational purposes, and at least 50 percent of the required open space shall be located in one contiguous area.

8.

Bathroom facilities shall be provided for both male and female campground patrons according to the following table:

9.

Barbeque grills, cooking shelters and fire pits shall be constructed, located, maintained and used so as to minimize fire hazards and smoke nuisance both on site and on abutting property. No open fire shall be permitted except in designated barbeque grills, cooking shelters or fire pits.

10.

Management headquarters, recreational facilities, laundry facilities, bathrooms and other uses and structures customarily incidental to operation of a campground are permitted as accessory uses.

11.

Tent camping is prohibited on public property, unless otherwise posted.

12.

Tent spaces shall be a minimum of 27 feet in width by 20 feet in length.

13.

No more than three RVs are allowed in a campground and shall be parked in a space designed for occupancy by such vehicle.

(a)

The wheels of an RV shall not be removed except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the RV to prevent movement of the springs while the RV is parked and occupied.

(b)

The minimum spacing between an RV with all slide outs fully extended and another RV with all slide outs fully extended shall not be less than ten feet. The distance between an RV and any building or structure shall not be less than 15 feet.

(c)

The minimum width for an RV space shall be 27 feet and the minimum length shall be enough to accommodate both the RV and the vehicle towing it.

(h)

Care facility, group living.

1.

No kitchen facilities shall be located in any bedroom.

2.

If located in an existing structure and designed to house more than five clients, such use shall meet the requirements of all applicable ordinances, laws, rules, regulations, codes, and policies.

3.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(i)

Carport. Carports shall be open on at least three sides and designed to shelter no more than two vehicles. A carport may be attached on one side to a garage, dwelling unit, or commercial building. A carport may not be placed or built within the required side or rear setback without the granting of a variance from the planning and zoning commission. A carport shall not encroach into the public right-of-way. There shall be no storage of any tools, materials, containers, or other similar items within a carport. Carports shall not include structures designed and built for the storage of recreational vehicles (RV). A building permit shall be required for any and all carports, whether site built or prefabricated, in addition to engineered plans from the manufacturer for all prefabricated or metal structures. A carport may be placed within the front setback without an approved variance from the planning and zoning commission, but must fully comply with all other regulations concerning carports found within this section. See section 56-70(d)(4) for further regulations.

(j)

Cemeteries.

1.

A cemetery for the burial of human remains shall contain no less than 15 acres. A cemetery for the burial of animal remains shall contain no less than five acres.

2.

Gravesites shall be set back at least 20 feet from exterior property lines and/or public rights-of-way.

3.

Outside storage areas shall be screened from public view by means of a solid fence, trees, shrubbery or other appropriate means. Such storage areas shall be kept free of weeds, trash and other objectionable items.

4.

Perimeter fencing consisting of wrought iron, chain link or a solid wall, not less than six feet high, and not more than ten feet high, shall be required.

5.

Cemeteries shall not be located in a designated flood hazard area.

6.

Cemeteries shall be kept mowed and maintained at all times.

(k)

Communication facilities.

1.

General.

(a)

Facilities may be self-supporting, guyed, or mounted on poles, other structures, light posts, power poles, or structures. Facilities may also include intertie and interconnection translators, connections from over-the-air to cable, fiber optic, or other landline transmission systems.

(b)

All attached telecommunication facilities, communication facilities, and telecommunication towers shall comply with the standards of this Zoning Ordinance, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Communications Commission (FCC) and the Federal Aviation Administration, as such may be amended from time to time. Copies of any applicable FCC approvals shall be provided to the city.

(c)

No such facility or tower shall exceed a height of 50 feet above grade plane, unless the applicant provides a report by a New Mexico registered professional engineer certifying that adequate service to the Carlsbad area cannot be provided from a facility or tower of such height, in which case the facility or tower shall not exceed the minimum height deemed necessary by such engineer, or 100 feet, whichever is less.

(d)

Every such facility or tower shall be constructed and installed according to the manufacturer's specifications. The designs and plans for every tower 20 feet or more in height shall bear the seal of a structural engineer registered with the State of New Mexico.

(e)

Every such facility or tower shall be constructed with a setback of the fall radius as shown on the site plan, plus a five percent safety factor. This requirement shall apply to property lines and all public and private roads.

(f)

All facilities and towers shall be enclosed with a chain link fence, six feet high, properly built and thereafter maintained so as to ordinarily keep persons and animals out of the enclosure. The city administrator may, in appropriate circumstances, designate a different type or height of fence to be erected and maintained. All gates thereto are to be kept locked when the operator or its employees or agents are not within the enclosure.

(g)

The site shall be kept at all times in a clean and sanitary condition. Such maintenance shall include, but not be limited to, removal of all debris, high grass, trash and weeds. All waste shall be disposed of properly.

(h)

All owners and/or operators of telecommunication facilities or towers shall place and maintain a sign at each entrance to each telecommunication facility, tower or site stating the:

(i)

Names and addresses of the owner and operator; and

(ii)

Emergency contact information.

(i)

Should the facility or tower cease to be used for its permitted use for a period of 12 consecutive months, then the facility or tower shall be dismantled and properly removed, by the tower facility owner, from the site and the site shall be restored to its original condition. Such dismantling, removal and restoration shall be completed no more than 60 days after such determination. The site shall be cleaned, leveled and left in a safe condition.

2.

Amateur radio facilities. Any amateur radio attached facility or tower shall not be placed in the front or side setback. The design and plan for every tower over 20 feet in height shall bear the seal of a structural engineer registered with the State of New Mexico.

3.

Attached telecommunication facilities. Attached telecommunication facilities shall be allowed by right in the districts referenced in the Use Table provided that they comply with all applicable standards of the underlying zoned district, including any maximum height standards.

4.

Disputes. If an applicant for a communication facility claims that one or more standards of this Zoning Ordinance are inconsistent with the Federal Telecommunications Act of 1996 or would prohibit the effective provision of wireless communications within the Carlsbad area, the city administrator may require that the application be reviewed by a qualified engineer, selected by the city, for a determination of whether compliance with one or more standards of this code would prohibit effective service. If the consultant finds that a standard prohibits effective service, the applicant shall be granted the minimum variance necessary to allow such service. Any costs of such review shall be borne by the applicant.

(l)

Congregate residence.

1.

If active and continuous operations are begun, and later discontinued for a period of 12 consecutive months, in a facility that was approved pursuant to this code, the congregate residence shall be considered to be abandoned. The use may be reinstated only after obtaining a new conditional use or zoning permit.

2.

No kitchen facilities shall be located in any bedroom.

3.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(m)

Child day care facility.

1.

The applicant shall submit evidence of a valid application for a certificate or license from the appropriate New Mexico State agency, including, but not limited to the New Mexico Department of Children, Youth, and Families, or its successor agency. After agency approval, a copy of the continuing certification or licensing shall be submitted to the city administrator in January of each year.

2.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

3.

Any outdoor play area shall be enclosed with a fence at least four feet high and with at least one latched gate available for an emergency exit.

4.

Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets.

(n)

Drive-through facilities.

1.

Adequate stacking area for at least eight cars or 144 feet (each space shall be calculated at 18 feet in length) shall be provided before the first pull-up window and six stacking spaces for each additional window. The window space shall count as one stacking space. Such stacking area shall not interfere with vehicle or pedestrian circulation in any parking lot or the free flow of traffic on any public right-of-way.

2.

The stacking area shall be at least 25 feet away from adjacent properties used for residential purposes.

3.

The amplified ordering or signaling device shall not be audible beyond the property lines of the drive-through facility.

(o)

Fuel service facilities.

1.

Automotive fuel dispensers shall be located at least 30 feet from the property line.

2.

Fuel, grease, oil, waste oils or similar substances shall be fully enclosed in containers and stored and disposed of in compliance with all applicable ordinances, laws, rules, regulations, and policies. All such storage shall be at least 25 feet from any property line.

3.

All discarded materials including, but not limited to, cans, drums, and tires shall be stored in an enclosed area and under cover so as not to accumulate water, mosquitoes, or other insects.

4.

A canopy over the fuel dispensers that is detached from the principal structure may be erected provided that such structure is located at least ten feet from the property line.

5.

All fuel service facilities that have public bathrooms shall contain separate bathrooms for men and women.

6.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(p)

Golf courses and outdoor commercial amusements.

1.

Based on the size or level of anticipated use, a traffic impact analysis may be required.

2.

For facilities containing a minimum of ten acres, one dwelling unit may be maintained on the property to accommodate a manager or a caretaker of the facility and his or her immediate family.

3.

Golf courses and other outdoor commercial amusements shall utilize water conservation methods, including, but not limited to using non-potable water instead of potable or fresh water for all watering.

4.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

5.

Operation of outdoor activities shall be limited to the hours of 6:00 a.m. to 10:00 p.m.

(q)

Hotel and motel facilities.

1.

Based on the size or anticipated extent of the use, a traffic impact analysis may be required.

2.

If the use requires a conditional use permit, and if active and continuous operations are discontinued for a period of at least 12 consecutive months, the use shall be considered to have been abandoned. The use may be reinstated only after obtaining a new conditional use permit. Requests for reinstatement shall provide information concerning the factors and reasons for the request. The planning and zoning commission will consider these factors and reasons as well as the extent conditions have changed in the area, if any, in granting reinstatement.

3.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(r)

Mining and extractive uses.

1.

Mining and extractive uses within the city shall be limited to obtaining caliche, gravel, sand, oil and gas.

2.

Where a conditional use permit is required, approval of the permit is subject to the following regulations and information being submitted by the applicant to the planning director prior to approval:

(a)

A detailed description of the method of operation of extraction and rehabilitation to be employed, including any necessary accessory uses such as, but not limited to, asphalt plants, batch plants, crushers and other processing plants.

(b)

A traffic impact analysis. In addition, the operator shall submit a haul road plan and receive permission to use for haulage any public right-of-way not designated for such haulage by reason of dust, load limit, right-of-way or pavement width or other relevant factors. Reasonable restrictions may be placed on such right-of-way use. Alternative haul routes shall be developed where haul route impacts the health, safety and welfare of the local area.

(c)

Copies of all state and federal permitting application forms, supplementary materials and approvals shall be provided to the planning director.

(d)

A development schedule describing the life span of the mine in years or a range of years and, if applicable, the years included in each phase. Diligence in meeting this schedule is required.

3.

Excavation or deposit of overburden shall not be permitted within 30 feet of a boundary of adjacent property, easement, irrigation ditch or right-of-way unless by written agreement of the owner of such property, easement, irrigation ditch or right-of-way.

4.

Excavation within 125 feet of a dwelling unit shall be prohibited unless by written agreement of the owner and occupant of the residence, and no excavation involving the use of asphalt plants, batch plants, crushers and other similar equipment shall take place within 250 feet of a dwelling unit.

5.

All excavation activities shall be set back at least 100 feet from all rights-of-way and watercourses. The watercourse setback may be varied, based on New Mexico Department of Game and Fish and New Mexico Environment Department comments concerning site-specific factors. Existing trees and ground cover along street frontage and drainage ways shall be preserved, maintained and supplemented, if necessary, from the depth of the setback to protect against and reduce dust, erosion and noise. The planning director shall be authorized to require the installation of landscaping and buffering (see section 56-110) along rights-of-way and watercourses when necessary to control dust and mitigate other adverse impacts.

6.

Haul roads within the premises shall be maintained in a reasonably dust-free condition and shall be contained within the pit after excavation allows to the maximum extent feasible. The maintenance may include, depending on local conditions, paving or watering.

7.

Operation shall be limited to the hours of 6:00 a.m. to 10:00 p.m. for caliche, gravel and sand excavation and mining unless longer or shorter hours of operation are approved as part of the conditional use permit.

8.

Prior to starting excavation, where the operation is adjacent to subdivided or developed commercial, residential, or industrial property, fencing, buffering and screening may be required if deemed necessary by the planning director. None of these shall be removed until rehabilitation has been completed.

9.

Once mining has been completed, the site shall not to be used as an area to stockpile caliche, gravel and sand resources or pipes, equipment and items no longer used in the mining operation.

10.

If the use has not operated or if no material has been extracted within two years of obtaining the conditional use permit and a request for extension has not been received and approved by the planning and zoning commission, the conditional use permit will expire. If active and continuous operations are begun, and later discontinued for a period of at least 12 consecutive months, the use shall be considered to have been abandoned. The use may be reinstated only after obtaining a new conditional use permit.

11.

Extension requests shall provide information concerning the factors and reasons for the request. The planning and zoning commission will consider these factors and reasons as well as the extent conditions have changed in the area, if any, in granting extensions.

12.

Extensions and appeal.

(a)

Up to a two-year extension may be granted by the planning director if a written request is submitted outlining the factors and reasons for the extension. New conditions, if any, will be considered.

(b)

Requests for extensions up to five years and appeals of the planning director's decision will be submitted to the planning and zoning commission at a public hearing.

(c)

The application and all relevant materials shall be considered and the proposed excavation and rehabilitation plan shall be approved, approved with conditions, or disapproved.

(d)

Any change in the approved excavation and rehabilitation plans shall be prohibited unless approved by the planning and zoning commission.

(s)

Manufactured homes, mobile homes and single recreational vehicle (RV).

1.

Skirting. Skirting is considered integral to the manufactured home and mobile home. All manufactured homes and mobile homes shall be fully skirted. Skirting shall be completed within 30 days from the date of installation or relocation of the manufactured home or mobile home. Skirting, shall comply with the standards of the Manufactured Housing Act and Regulations as may be amended from time to time. Materials used for skirting may include cinderblock, masonite, rock, vinyl or sheet metals such as corrugated tin and aluminum. Skirting shall enclose the space between the lowest floor and the ground, and shall completely conceal the undercarriage portion of such homes.

2.

Use for storage prohibited. A manufactured home, mobile home, or RV may not be used for the storage of goods, equipment or materials other than those items considered to be a part of the manufactured home, mobile home, or RV or essential for its immediate use.

3.

Placement or use of mobile homes. It shall be unlawful for any person to occupy, place or use any mobile home on any alley, highway, street or other public place or on any land within the city, except within a properly zoned district, mobile home park or mobile home subdivision and except as provided in subsection 4, below. A placement permit is required prior to moving a mobile home into, or relocated within, the city.

4.

Use as a retail sales office. A manufactured home or a mobile home may be used at a business engaged in the retail sales of automobiles, manufactured homes, mobile homes or RVs. The manufactured home or mobile home may be used solely as the retail sales office for products sold at that property.

5.

Use of an RV. It shall be unlawful for any person to occupy, place, store or use an RV outside of a properly zoned RV park except as follows:

(a)

Temporary dwelling. One RV may be occupied or used on a residentially zoned lot containing a dwelling provided the RV is used for temporary dwelling purposes only. The RV may be served only with electricity and water from the on-site residential dwelling unit, and no other utility connection is permitted. Such occupation or use is limited to no more than 14 days in any calendar year for any given lot. An RV may not be placed in the required front, side or rear yard setback. A temporary use permit is required.

(b)

On-site temporary residence. One RV may be used or occupied as a temporary residence for the property owner at a construction site for which a building permit has been issued and is in effect. In a residential zone, the RV may be used as a temporary residence for no longer than six months. An RV may not be placed in the required front, side or rear yard setback. A temporary use permit is required.

(c)

On-site temporary construction office. In a commercial or industrial zone, one RV may be used as a temporary construction office at a construction site for which a building permit has been issued and is in effect. No such RV shall be used for residential purposes. A temporary use permit is required.

(d)

Night watchman. In an industrial zone, one RV may be used to serve as quarters for a night watchman or caretaker. No such RV shall be used for residential purposes.

(e)

Outside storage. RVs may be stored in an enclosed building. Outside storage of an RV is permitted provided the RV is not placed in the required front or side yard setback.

(t)

Mobile home parks.

1.

In zoning districts C-1 and C-2, a conditional use permit is required. In zoning districts R-R and R-2, a conditional use permit is not required but compliance with the following regulations is required. Approval of the mobile home park is subject to the following regulations and information submitted by the applicant to the planning director prior to approval:

(a)

Mobile home parks shall only be developed on a single parcel of land no less than three acres in size.

(b)

Site conditions. Condition of drainage, ground water level, soil and topography shall not create hazards to the property, health and safety of the occupants or be injurious or detrimental to properties and persons near the proposed location.

(c)

Site Plan. The following information shall be provided on a scaled site plan and in supporting documentation prior to conditional use permit approval:

(i)

Minimum spaces. Each mobile home park shall contain at least 24 mobile home spaces.

(ii)

Refuse collection. The refuse collection location and type must be approved by the director of public works prior to conditional use permit approval.

(iii)

Access to the site. Direct vehicular access shall be provided by means of an abutting public street or improved and permanently maintained private street or easement. Access shall not be from an alley.

(iv)

Design of entrances and exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park, and to minimize conflicts with the free movement of traffic on adjacent streets. Radii of curbs and pavement at intersections shall be indicated on the site plan and designed to facilitate easy turning movements for vehicles with mobile homes attached. All traffic into and out of the park shall be through such entrances and exits.

(v)

Access locations by emergency medical and fire vehicles shall be approved by the fire chief prior to conditional use approval.

(vi)

Internal streets, sidewalks, parking, and driveways.

(a)

Streets.

1.

Internal streets shall be constructed to provide safe and convenient access to all spaces and to facilities for common use by park occupants. Such streets shall be privately owned, constructed and maintained, and shall meet all of the following requirements.

2.

Street width. Two-way streets shall be a minimum of 22 feet in width. One-way streets shall be a minimum of 16 feet in width. If on-street parking is provided, a minimum of eight feet shall be provided in each direction in addition to the driving width.

3.

Street alignment and gradient. Street alignment and gradient shall be designed to accommodate the movement and placement of mobile homes and shall be approved by the director of public works prior to conditional use permit approval.

4.

Street surfacing and maintenance. Street surfacing may be chip seal, asphalt, or concrete but shall not be dirt, caliche or chat. Street surfacing and proposed maintenance shall be approved by the director of public works prior to conditional use approval.

5.

Sidewalks. ADA compliant internal sidewalks shall be provided from the entrance of each handicap accessible mobile home space to each of the service facilities and communal areas.

6.

Parking. A minimum of two off-street parking spaces shall be provided for each mobile home space.

7.

Driveways. Driveways shall be provided for convenient access to service and refuse collection facilities and for individual mobile home spaces. Driveways shall accommodate a minimum off-street parking area for two vehicles. Off-street parking spaces shall be a minimum of eight feet in width and 18 feet in length per space. In no instance shall there be less than eight feet in width, where the driveway does not serve as a walkway, or ten feet where the driveway is also used as a walkway, and 18 feet in length.

8.

Handicap accessible mobile home spaces. A minimum of one handicap accessible space shall be provided for every 23 spaces. If possible, this space should be located in close proximity to facilities, amenities and service areas. This addition does not require that this space be reserved for or filled by a handicap occupant.

(vii)

Mobile home space and setback requirements.

(a)

No more than one mobile home shall be placed in any single space. In addition, the space shall meet the following minimum standards:

1.

Size. The area established for each mobile home space shall be in conformance with the dimensions of the mobile home placed therein, including its appurtenant structures and appendages.

2.

Location. The location of each mobile home space shall be at such angle, distance and elevation in relation to the access street and the mobile home access way that placement and removal of the mobile home is practical.

3.

Gradient. Each space shall have a zero percent to five percent slope and adequate crown or cross-gradient for surface drainage.

4.

Construction. The space shall be properly compacted and graded in order to support of the maximum anticipated loads during all seasons.

5.

Mobile home space setbacks. The minimum spacing between a mobile home and another mobile home or any other building or structure shall be at least 20 feet. No mobile home shall be closer than ten feet from the park's property lines. No mobile home shall be closer than 20 feet to the public right-of-way, unless separated from the right-of-way by a six-foot solid fence or wall.

6.

Special external setback requirement. Where a mobile home park abuts a differently zoned district, without an intervening public alley or street, the setback requirement of the mobile home park shall be in accordance with the setback requirements of the more restrictive zone or 20 feet, whichever is greater.

(b)

Walls and fences. A six-foot solid perimeter wall or fence shall be required along the front, side and rear property lines but located so as not to interfere with the clear sight triangle at intersections or obstruct the view of traffic. Chain link fencing with slats shall not be considered a solid fence. In order to encourage connectivity and pedestrian activity, gates shall be provided where necessary and convenient for pedestrian access to internal and external sidewalks, walkways and public rights-of-way.

(c)

Skirting. All mobile homes shall be fully skirted within 30 days from the date of installation or relocation in accordance with subsection (s)1., above.

(d)

Construction and tie-downs. All mobile home units in a mobile home park shall meet the requirements of the state standards for mobile homes as to construction and tie-down requirements.

(e)

Recreation area. Not less than five percent of the gross lot area shall be devoted to open space for recreational purposes, and at least 50 percent of the required open space shall be located in one contiguous area.

(f)

Pedestrian circulation. The pedestrian circulation system shall be ADA compliant and designed, constructed and maintained by the owner for safe and convenient movement from each mobile home space to principal destinations within the park and, if appropriate, shall provide access to sidewalks or other pedestrian ways leading to destinations outside the park.

(g)

Exterior lighting. All exterior lights shall comply with section 56-120.

(h)

Landscaping and buffering. All mobile home parks must comply with section 56-110.

(i)

Residential occupancy. No space shall be rented for any use other than residential use of a mobile home.

(u)

Mobile home subdivisions.

1.

Codes and requirements. Mobile home subdivisions shall comply with the regulations, requirements and restrictions of all applicable building, health, and safety codes of the city and the State of New Mexico. Alleys, sidewalks, streets and all other public rights-of-way shall be designed and constructed to meet the city's standards for subdivisions.

2.

Minimum area of subdivision. The subdivision shall contain at least five contiguous acres of land. The lot shall be used for residential use only.

3.

Lot area. The minimum lot area for each mobile home shall not be less than 5,000 square feet or should comply with the minimum square footage requirements of the subject site zoning with a minimum width of 50 feet along the front yard setback line. Front, rear and side setbacks shall be the same as those for the R-1 zoning district.

4.

Lot use. No more than one mobile home shall be placed on a single lot in a mobile home subdivision. No detached accessory building shall be used for human occupancy.

5.

Subdivision procedure. Mobile home subdivisions shall be approved in accordance with the subdivision process set forth in the Subdivision Ordinance of the City of Carlsbad, except that in the event of any conflict between dimensional standards applicable to subdivisions in general and those applicable to mobile home parks, the latter shall govern.

6.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

7.

Skirting. All mobile homes shall be fully skirted within 30 days from the date of installation or relocation in accordance with subsection (s)1. above.

(v)

Outdoor sales, repairs, and activities.

1.

Outdoor sales, repairs, and activities shall not include the outside accumulation or storage of debris, trash or waste products, including, but not limited to, grease, oils, tires, or other flammable, hazardous, toxic or unsightly materials.

2.

Outdoor sales, repairs, and activities which abut a residential zone shall be set back from the property line adjacent to the residential zone a minimum distance of ten feet.

3.

Outdoor sales, repairs, and activities shall be screened from any residential zone and the public right-of-way by a six-foot solid wall or fence but located so as not to interfere with the clear sight triangle at intersections or obstruct the view of traffic. Chain link fencing with slats shall not be considered a solid fence.

(w)

Reserved.

(x)

Retail sales establishment, community scale.

1.

Building has a maximum of 30,000 square feet of gross floor area.

2.

Compliance with the lighting, landscaping and parking sections of this code is required.

3.

Cross-access for vehicles and pedestrians as well as shared-parking is recommended.

(y)

Retail sales establishment, neighborhood scale.

1.

Building has a maximum of 5,000 square feet of gross floor area.

2.

Compliance with the lighting, landscaping and parking sections of this code is required.

(z)

Retail sales establishment, regional scale.

1.

Building has greater than 30,000 square feet of gross floor area.

2.

Compliance with the lighting, landscaping and parking sections of this code is required.

3.

Cross-access for vehicles and pedestrians as well as shared-parking is recommended.

(aa)

RV parks.

1.

Site conditions. Condition of drainage, ground water level, soil and topography shall not create hazards to the property or the health and safety of the occupants or be injurious or detrimental to properties and persons near the proposed location of the activity.

2.

Minimum spaces and acreage. Each RV park shall contain at least 24 spaces for RVs or tents and contain no less than three acres.

3.

Location and access. RV parks shall have direct access to an arterial street with a right-of-way width of at least 80 feet and with sufficient street frontage to allow for safe access and vehicular turning movements into and out of the RV park. No entrance or exit from an RV park shall be through a residential district, nor require movement of traffic from the park through a residential district.

4.

Design of entrances and exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park. Radii of curbs and pavement at intersections shall be sufficient to facilitate easy turning movements for RVs. Entrances and exits shall be designed to ensure maximum visibility for both cross traffic and vehicles entering and leaving the park. Nothing shall be placed or maintained that obscures the view of an approaching vehicle. All traffic into and out of the park shall be through such entrances and exits.

5.

Internal streets, walkways, parking and driveways. Same as for mobile home parks, section 56-42(t)(vi), except that there may be a single parking space for each tent camping site.

6.

Space size and setbacks.

(a)

No occupied RV may remain in an RV park unless parked in a space designed for occupancy by such vehicle. No occupied tent may remain unless located in a space designated for such use.

(b)

No more than one RV shall be placed in any single space, except that a single space may be occupied by more than one tent.

(c)

The wheels of an RV shall not be removed except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the RV to prevent movement of the springs while the RV is parked and occupied.

(d)

The minimum spacing between an RV with all slide outs fully extended and another RV with all slide outs fully extended shall not be less than ten feet. The distance between an RV and any building or structure shall not be less than 15 feet, provided that an accessory building serving a single RV space may be located on that RV space but shall not be located closer than ten feet to the RV. The spacing between two tents may be less than that set forth in this paragraph.

(e)

The minimum width for an RV or tent space shall be 27 feet.

(f)

No RV shall be closer than 20 feet from a public right-of-way, unless separated from the right-of-way by a six-foot solid fence or wall. Chain link fencing with slats shall not be considered a solid fence. No RV shall be closer than ten feet from the RV park property line.

(g)

If a designated overflow parking area is provided, a sanitary station shall be included in such area.

(h)

Special external setback requirements.

(i)

Where an RV park adjoins a differently zoned district, without an intervening public alley or street, the setback requirement of the RV park will be in accordance with the setback requirements of the more restrictive zone or 20 feet, whichever is greater.

(ii)

A six-foot, solid wall or fence shall be required along the side and rear property lines and a three-foot solid wall or fence shall be required along the front property line where the RV park abuts a residential zone or public right-of-way. The wall or fence shall be located so as not to interfere with the clear sight triangle at intersections or obstruct the view of traffic. Chain link fencing with slats shall not be considered a solid fence.

7.

Pedestrian connectivity. In order to encourage connectivity and pedestrian activity, gates shall be provided where necessary and convenient for pedestrian access to internal and external sidewalks, walkways and public rights-of-way. A perimeter wall or fence is not required where the RV park abuts a non-residential zone, the river, or other natural amenity.

8.

Disposal of garbage, sewage, trash and waste water. No RV shall dispose of garbage, sewage, trash or waste water except in approved facilities provided by the park's management for that purpose.

9.

Recreation area. Not less than five percent of the gross site area shall be devoted to open space for recreational purposes, and at least 50 percent of the required open space shall be located in one contiguous area.

10.

Total bathroom facilities. Bathroom facilities shall be for the sole use of residents or other paiduse patrons. The bathroom building shall be of permanent construction. No RV space shall be located more than 300 feet from a building containing the required bath and toilet facilities. Bathroom facilities shall be required for each gender according to the table below. In the men's bathroom facility, one urinal may be substituted for one toilet. For RV parks with more than 30 spaces, the facilities shall be increased by one for each additional ten spaces, rounding down (for both genders).

11.

Sanitary stations.

(i)

Facilities shall be provided for removing and disposing of wastes from all holding tanks in a clean, convenient and efficient manner.

(ii)

Each sanitary station shall consist of a drainage basin constructed of impervious material, containing a disposal hatch and self-closing cover, and related working facilities.

(iii)

Sanitary stations shall be located not less than 30 feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as fences, natural growth or walls.

(iv)

The disposal hatch of a sanitary station unit shall be connected to the park sewage disposal system. A washdown hose shall be provided at all sanitary stations to wash holding tanks and the general area of the sanitary station and shall be connected to the park water supply system with a backflow prevention valve.

12.

Pedestrian circulation. The pedestrian circulation system shall be designed, constructed and maintained by the owner for safe and convenient movement from all spaces to principal destinations within the park and, if appropriate, shall provide access to pedestrian ways leading to destinations outside the park.

13.

Barbeque grills, cooking shelters and fire pits. Barbeque grills, cooking shelters and fire pits shall be constructed, located, maintained and used so as to minimize fire hazards and smoke nuisance both on site and on abutting property. No open fire shall be permitted except in designated barbeque grills, cooking shelters or fire pits.

14.

Accessory uses. Management headquarters, recreational facilities, laundry facilities, bathrooms and other uses and structures customarily incidental to operation of an RV park are permitted as accessory uses to RV parks.

15.

RV and tent camping on public property. RV and tent camping is prohibited on public property, unless otherwise posted.

(bb)

Schools, public and private.

1.

Any outdoor play area shall be enclosed by a chain link fence that is six feet in height or an opaque fence of four feet in height, unless otherwise dictated by the nature of the activity.

2.

Safe areas for pick-up and discharge of students shall be provided that do not interfere with the free flow of traffic on adjacent streets.

3.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

(cc)

Truck stop or travel plaza. A truck stop or travel plaza shall only be located on a designated truck route.

(dd)

Vehicle repairs, sales and services.

1.

All repair work, lubrication, and installation of parts and accessories shall be performed within a building enclosed on all sides.

2.

All automobile parts, dismantled vehicles, and similar materials shall be stored within a building enclosed on all sides or completely screened from view by a solid wall or fence. A chain link fence with slats shall not constitute acceptable screening.

3.

All vehicles awaiting sale or repair shall be stored on site in clearly marked, standard size parking spaces and shall not be stored on or obstruct access to a public right-of-way.

4.

There shall be no outside storage or accumulation of debris, trash, waste products, and discarded materials such as, but not limited to, cans, drums, grease, oils or other flammable, hazardous, toxic or unsightly materials.

5.

All debris, trash, waste products, and discarded materials such as, but not limited to, cans, drums, grease, oils or other flammable, hazardous, or toxic materials shall be disposed of in accordance with all laws and regulations.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16; Ord. No. 2017-19, Att., 8-8-17)

(a)

Allowed uses and structures. Permitted uses and approved conditional uses shall be deemed to include accessory uses, structures, and activities that are necessarily and customarily incidental and subordinate to the principal uses allowed in the zoning district, including those uses and structures listed in this section, unless specifically prohibited or unless they create a nuisance to the public in general or to neighboring properties. Accessory uses, structures and activities shall be subject to the following regulations in addition to the regulations that apply to principal uses in each zoning district.

(b)

Time of establishment. No accessory use shall be established and no accessory structures shall be allowed on the subject parcel until after all required permits and approvals for the principal use or activity have been obtained.

(c)

Drainage. Accessory buildings shall not drain roof water or other liquids onto adjacent property.

(d)

Residential accessory uses and structures.

1.

Accessory living quarters, provided it meets all applicable ordinances, laws, rules, regulations, codes and policies.

2.

Barns, provided the lot has an area of one acre or more, and provided that the height of the barn shall not exceed 25 feet or the highest roof ridge of the principal residential structure on the lot, whichever is less.

3.

Cabanas, gazebos, playhouses, porches, verandas and similar structures, provided that the height of such structures shall not exceed 15 feet.

4.

Carports.

(a)

Carports shall not exceed 25 feet in height or the highest roof ridge of the principal residential structure of the lot, whichever is less.

(b)

A carport shall not exceed 20 feet in width and shall not exceed 25 feet in length.

(c)

A carport may be detached from or attached to the principal structure.

(d)

There shall be only one carport structure allowed per residence.

(e)

Carports shall comply with all applicable zoning district regulations.

(f)

Carports shall not extend any closer than five feet to the public sidewalk. In the absence of a public sidewalk, a carport shall not extend any closer than five feet to the back of the curb. In the absence of a curb and public sidewalk, a carport shall not extend any closer than five feet to the edge of the street pavement. Under no circumstance shall any part of a carport be built or placed within the public right-of-way.

(g)

Any carport within the front setback shall remain open on three sides. Only the support posts for the carport shall be allowed on any open side. The roof of a carport shall not extend any lower on an open side than six feet from the ground.

(h)

The placement of carports shall avoid being located over any existing underground utility (water infrastructure, waste water infrastructure, electric, natural gas, etc.) and shall not be placed in a location that would interfere with emergency services or regular city services. A call by the home owner or contractor into 811 shall be required prior to installation of the carport structure in order to locate any underground utilities in the area where the carport shall be placed. If a carport structure is placed over an underground utility, the structure shall be moved to a location that is clear of any underground utilities at the home owner or contractor's expense, and the home owner or contractor shall contact the office of the city's building official in order to obtain any new or applicable permits.

(i)

If the placed carport should need to be moved due to an increase of the existing right-of-way for the purposes of widening the adjacent roadway, the costs associated with moving the carport structure shall fall on the home owner.

(j)

Once the carport structure is in place, the storage of any items within the carport structure other than an automotive vehicle designed for operation on a city street shall be prohibited.

5.

Fences, walls and hedges.

(a)

Fences, walls and hedges shall not exceed seven feet in height along the rear property line.

(b)

Fences, walls and hedges shall not exceed seven feet in height along the side property line from the rear property line to the front building line of any existing dwelling or to the front yard setback line, whichever is farther from the street.

(c)

Fences, walls and hedges shall not exceed four feet in height from the front property line, or right-of-way line if the front property line is the street centerline, to the front building line of any existing dwelling or front setback line, whichever is further from the street.

(d)

For corner lots, fences, walls and hedges shall not exceed four feet in height along the property line abutting a street for a minimum distance of 30 feet and a clear sight triangle must be maintained.

(e)

Concertina wire, razor wire and electrified fencing shall not be permitted except when surrounding public facilities where protecting the public health, safety and welfare is critical. These facilities may include water tanks, communication towers, jails or prisons or emergency supply storage.

(f)

Barbed wire shall not be used in the construction of a fence except above six feet and only in the R-R zoning district.

(g)

A permit must be applied for and obtained prior to the erection or alteration of a fence or wall.

6.

Gardens, provided no sales occur at the premises.

7.

Greenhouse or hothouse, provided no sales occur at the premises and provided that the height of the greenhouse or hothouse shall not exceed 25 feet or the highest roof ridge of the principal residential structure of the lot, whichever is less.

8.

Guest house, provided that such guest house is used only for the occasional housing of guests of the occupants of the principal dwelling, is not used for commercial purposes, and no charge is made for the use of the premises.

9.

Home occupations. Home occupations shall be allowed as a conditional use in the R-R, R-1, R-2 and C-1 zoning districts in accordance with the standards of this subsection. These uses require an approved conditional use permit and a business registration:

(a)

Office uses (by appointment only) including:

(i)

Accountants and tax preparers;

(ii)

Architects;

(iii)

Attorneys;

(iv)

Barbers and beauticians;

(v)

Bookkeepers;

(vi)

Computer programmers and web designers;

(vii)

Data processors;

(viii)

Dressmakers and tailors;

(ix)

Engineers;

(x)

Financial planners and advisors;

(xi)

Insurance sales people;

(xii)

Massage therapists and reflexologists;

(xiii)

Music and art teachers;

(xiv)

Realtors;

(xv)

Surveyors;

(xvi)

Tutors; or

(xvii)

Other office uses as approved by the planning and zoning commission.

(b)

Retail sales and service uses including:

(i)

Catalog and mail order services that do not maintain stock for sale on the premises;

(ii)

Home occupations which involve hand work, such as the making of baskets, blankets, clothing, jewelry, paintings, pottery and rugs, and artist studios;

(iii)

Bed and breakfast; or

[(iv)]

Other retail sales and services as approved by the planning and zoning commission.

(c)

Prohibited uses. The following uses and activities shall not be permitted or conducted as a home occupation:

(i)

Adult business uses;

(ii)

Appliance and/or computer sales, rental or repair;

(iii)

Funeral homes;

(iv)

Hotels;

(v)

Metal work and blacksmithing;

(vi)

Restaurants;

(vii)

Retail sales and services, except those listed above;

(viii)

Vehicle or equipment sales, rental, repair or servicing;

(ix)

Veterinary facilities, animal clinics, animal care, boarding or grooming facilities; or

(x)

Any occupation involving the storage or usage of hazardous materials.

(d)

Employees. There shall be a maximum number of one non-resident employee.

(e)

Operational standards.

(i)

The premises upon which the home occupation occurs shall be the primary residence of the person operating the business.

(ii)

The use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies.

(iii)

All required licenses, permits, and certifications shall be obtained and maintained at all times.

(iv)

As measured at the property lines, there shall be no offensive dust, fumes, noise, odors or electromagnetic interference.

(v)

The operation shall not result in increased on-street parking in the area.

(vi)

There shall be no usage, disposal or storage of corrosive, explosive, flammable, hazardous or toxic substances. Such substances shall not be stored or used on city rights-of-way, spilled on or soaked into the ground, nor shall they be deposited or rinsed into a sanitary or storm sewer. Items having or containing such substances shall not be placed in city solid waste receptacles.

(f)

Outdoor appearance.

(i)

The home occupation shall be conducted in such a manner as to maintain the residential character of all buildings and structures and in such a manner as not to give an outward appearance nor manifest any characteristic of a business;

(ii)

No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed, except that one sign may be used. Such sign shall not be illuminated and shall not exceed one square foot in size (one foot by one foot). The sign shall not be placed within the public right-of-way and must be maintained wholly within the property lines; and

(iii)

There shall be no outdoor storage of equipment or materials in conjunction with the home occupation. All materials and equipment shall be stored in a fully enclosed area.

(g)

Parking.

(i)

A home occupation shall provide additional off-street parking adequate to accommodate all needs created by the home occupation, but in no case shall designate more than two additional, permanent off-street parking spaces; and

(ii)

Required off-street parking to serve a home occupation shall not be permitted in the front setback of the dwelling, other than in a driveway. All parking shall be properly surfaced and maintained to be dust-free.

10.

Household or domestic pets may be kept, provided such use is in compliance with all applicable ordinances, laws, rules, regulations, codes and policies.

11.

Incidental household shop and storage buildings, provided that the height of a shop or storage building shall not exceed 25 feet or the highest roof ridge of the principal residential structure of the lot, whichever is less.

12.

Animal care and boarding provided the lot has an area of one acre or more, if boarding is provided, and complies with all applicable ordinances, laws, rules, regulations, codes and policies, including, but not limited to chapter 6 of the Carlsbad City Code.

13.

Outdoor storage or parking of operable RVs and other operable recreational equipment, including but not limited to, boats, camping trailers, and trailers, provided the minimum front and side setbacks remain unobstructed. An RV or other recreational equipment may be stored in an enclosed building but shall not be stored in the public right-of-way.

14.

Private carports, garages and off-street parking areas used to serve the residents of the property and their guests, provided that the height of a carport or garage building shall not exceed 25 feet or the highest roof ridge of the principal residential structure of the lot, whichever is less. A private garage or carport may be detached from or attached to the principal structure, provided it complies with all applicable zoning district regulations.

15.

Private recreational facilities for use of the residents of the property and their guests, provided that:

(a)

Outdoor lighting shall be shielded and shall not shine skyward or onto adjacent property or public right-of-way;

(b)

The height of any recreational or play facility shall not exceed 15 feet or the highest roof ridge of the principal residential structure of the lot whichever is less; and

(c)

All swimming pools shall be subject to the restrictions of subparagraph (r) below.

16.

Repair and restoration of residents' personal residential equipment including cars, trucks, and major recreational equipment, provided that equipment use is primarily personal and not for resale or service. Number of inoperable vehicles undergoing restoration shall be limited to a total of two. Repair, restoration and storage of such equipment shall be done in conformity with all applicable ordinances, laws, rules, regulations, codes and policies. Equipment being restored or repaired shall not be placed in the front or side-yard setback area. Equipment being restored or repaired shall be completely stored in an enclosed building. Paint odors shall not be detectable beyond property lines.

17.

Satellite dish antennas 24 inches or less in diameter, provided that such satellite dish antenna shall be located in the rear or side yard of the residential use and no higher than three feet above the highest ridge of the principal residential structure on the property.

18.

Solar energy conversion systems/solar panels. Solar energy conversion systems/solar panels may be located in any zoning district provided they are placed on the building roof or on the lot but not within the front or side-yard setback area.

19.

Swimming pools, hot tubs, and similar recreational equipment having a depth of 24 inches or more and a capacity of 5,000 gallons or more are subject to the following additional requirements:

(a)

They may not be located in any required front or side-yard setback area;

(b)

All must be completely surrounded by a fence or wall not less than six feet in height with no openings large enough to permit children to pass through, other than gates or doors that can be fastened to protect against entry. A building may be used as part of such required enclosure; a fence shall not be required in the instance that a pool safety cover has been installed. This safety cover shall be approved and the installation inspected by the building inspection dept.; and

(c)

All gates or doors opening through such enclosures must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use.

20.

Wind energy conversion systems/wind turbines may be located in any zoning district provided:

(a)

A conditional use permit is required;

(b)

The minimum lot size per each wind energy conversion system is one acre;

(c)

All systems shall comply with applicable codes, ordinances, and laws;

(d)

A building permit shall be required for each unit;

(e)

On-grid systems shall comply with all electric utility regulations. Proof of such compliance shall be provided to the city with the application materials. Off-grid systems shall be exempt from this requirement;

(f)

Rooftop units shall be permitted however an engineer registered in the State of New Mexico must certify that the roof is structurally capable of accommodating such units and the fall radius shall be measured from the edge of the roof to a point one and one-half times the total height of the roof top unit;

(g)

The plans for any wind energy conversion system shall be reviewed and stamped by an engineer registered in the State of New Mexico prior to city approval;

(h)

Wind energy conversion systems may be placed on the roof or on the lot but shall not be placed within the required front or side-yard setback area;

(i)

Ground mounted wind energy conversion systems may be constructed to any height however the fall radius shall be a minimum of one and one-half times the total height of the complete system including tower, turbine and blades at their highest point; and

(j)

No structures shall be constructed or placed within the fall radius area.

21.

Windmill for the pumping of water for household or agricultural use with a maximum height limit of 35 feet. May not be located within the front or side-yard setback area.

22.

Other minimal accessory structures and uses such as clotheslines, flagpoles, fountains, mail boxes, ponds, security lamp posts, statuary and such.

(e)

Non-residential accessory uses and structures.

1.

Automated teller machines (ATMs).

2.

Bars, clubs, gift shops, lounges, newsstands and restaurants when inside the principal building containing a permitted hotel/motel use.

3.

Cafeterias, dining halls and similar food services when operated primarily for the convenience of clients, customers, employees or visitors to the principal use.

4.

Clubhouses, including space for the sale of sporting equipment, food, and refreshments, as accessory uses to recreational facilities only.

5.

Dormitories, as an accessory use to a boarding school, college or university.

6.

Housing for employees, care takers or night watchmen.

7.

Fences, walls and hedges provided that:

(a)

Fences, walls and hedges may be constructed to the building height allowed in the underlying zoning.

(b)

Fences and walls seven feet or greater in height shall be structurally engineered and the specifications shall be stamped by an engineer registered in the State of New Mexico.

(c)

When located on a corner lot, a clear sight triangle shall be maintained at all times.

(d)

Concertina, razor wire and electrified fencing shall not be permitted except when surrounding public facilities where protecting the public health, safety and welfare is critical. These facilities may include water tanks, communication towers, jails or prisons or emergency supply storage.

(e)

Barbed wire may be used in the construction of a fence or wall only above six feet; and

(f)

A fence permit must be applied for and obtained prior to the erection or alteration of a fence or wall.

8.

Gates and guardhouses.

9.

Outdoor and sidewalk dining or sales provided that such facilities do not block or interfere with pedestrian traffic or ADA compliance requirements. A minimum of three feet of sidewalk must remain clear of obstructions to allow for ADA compliance.

10.

Parking garages and off-street parking areas for employees, customers, and guests.

11.

Private recreational facilities for use by clients, employees and guests, subject to the standards set forth in subsection 56-70(d)19., above for swimming pools.

12.

Retail sales of goods as part of the principal permitted use, subject to the following conditions:

(a)

Items for sale shall either be manufactured by the principal use or part of its stock;

(b)

Maximum gross floor area of the accessory retail use shall be either ten percent of the total gross floor area of the principal use or 5,000 square feet, whichever is less; and

(c)

Parking for the retail accessory use is provided in accordance with the off-street parking and loading regulations for retail uses as set forth in section 56-100 of this code.

13.

Satellite dish antennas that are 80 inches or less in diameter, provided that, to the maximum extent feasible, the satellite dish antenna is located to the rear of the principal building.

14.

Other minimal accessory structures and uses which the planning director determines are similar in size, height, nature and impact to those listed above, and that do not create adverse impacts on adjacent properties.

15.

Dimensional and operational standards. The standards of this section shall apply to all accessory uses and structures in all districts unless otherwise expressly stated.

(a)

Distance from principal structure. Accessory structures shall not be located closer than ten feet from the primary or any other structure and shall comply with the same setback rules as the primary structure.

(b)

Front setback. No accessory use or structure, except for allowed fences or walls, and off-street parking areas, shall be located or take place within a required front yard setback.

(c)

Side setback. No accessory use or structure, except for allowed fences or walls, and off-street parking areas, shall be located or take place within a required side-yard setback. Accessory buildings or structures on corner lots shall be set back from the side street a distance not less than that required for the principal building.

(d)

Rear setback. In residential and rural zoning districts, accessory structures that are located ten feet or farther from the primary structure may be located along the rear property line provided that there is an alley or other easement of at least 20 feet in width at the rear of the property and providing that no water shall drain from the accessory structure into that alley or easement and further providing that there are no openings in the wall of the structure at the rear property line. If a garage or other accessory structure is entered from the alley, the structure shall not be located closer than ten feet from the rear property line.

(e)

Easements. No accessory structure shall be located within any platted or recorded easement or over any known utility.

(f)

Height. Except as otherwise expressly limited or allowed, accessory structures shall not exceed 25 feet or the highest roof ridge of the principal structure of the lot, whichever is less.

(g)

Dwelling unit prohibited. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory structure or building.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16; Ord. No. 2017-19, Att., 8-8-17)

(a)

Allowed uses. Temporary uses shall be allowed in accordance with the standards of the zoning district and this subsection. These uses require written permission from the property owner and an approved temporary use permit from the planning director and in some cases a business registration, unless otherwise expressly permitted or allowed.

(1)

Carnivals, circuses, fairs and public events. Carnivals, circuses, fairs and public events shall only be approved by the city council on a case by case basis and shall be in accordance with all applicable regulations. Permission of the property owner is required.

(2)

Garage, estate and yard sales. Garage, estate and yard sales require a temporary use permit but do not require a business registration and may be conducted, but shall comply with the following minimum requirements:

a.

There shall be no more than two such activities per residence per 12-month period;

b.

Each sale shall begin and end within a consecutive 72-hour period;

c.

Sales shall be conducted on the property of the person selling the goods. Multiple home sales must be held on the property of one or more of the participants;

d.

No goods purchased for resale may be offered for sale or sold and no consignment goods may be offered for sale or sold;

e.

Directional and advertising signs shall not be located in the public right-of-way or attached to utility poles or other structures located in the public right-of-way; and

f.

All directional or advertising signs shall be removed within 24 hours of the completion of the sale.

(3)

Natural disaster and emergency personal assistance locations. Temporary uses and structures needed to provide personal services as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency and do not require a temporary use permit or business registration.

(4)

Parking lot sales. Permission of the property owner is required for parking lot sales. Parking lot sales may include the sale of rugs, blankets, fruits, vegetables, and other such items but does not include the sale of live animals, which is prohibited. Parking lot sales are allowed in the parking lot of a permitted structure or use in the C-1, C-2, and I zoning districts for up to 30 consecutive days at a time.

(5)

Real estate sales offices. Sales offices are allowed on development sites in any zone until all lots or houses are sold. Use of the sales office for lots or homes outside of the project area is prohibited.

(6)

Recreational vehicle as a temporary dwelling. A property owner may be permitted to reside in a recreational vehicle, for up to six months, on a building site where a residential building permit has been issued.

(7)

Recreational Vehicle as a Temporary Office. A business owner or contractor may be permitted to utilize a recreational vehicle as an office, for up to six months, on a building site where a commercial building permit has been issued.

(8)

Recreational vehicle for a night watchman or security guard. A business owner may be permitted to utilize a recreational vehicle as an office for a night watchman or security guard, provided it is not used as a residence.

(9)

Restaurant, mobile and pushcarts. Prior to issuance of a temporary use permit, the applicant is required to provide the city with copies of all approved State of New Mexico permits and city fire marshal inspections and a signed affidavit from the property owner authorizing the placement of a mobile restaurant or pushcart on their property.

a.

Operation of a mobile restaurant or pushcart, in conjunction with a special event, is limited to the duration of the special event.

b.

If not in conjunction with a special event, operation of a mobile restaurant or pushcart shall be limited to the R-R, C-1, C-2, and I zoning districts. If in conjunction with a special event, operation of a mobile restaurant or push cart shall be permitted any zoning district.

(10)

Temporary housing/RV park. Temporary housing is defined as: "Housing for individuals or families, on a temporary basis, either in pre-fabricated, self-contained modular structures with other amenities, or individual self-contained recreational vehicles, not including tents, truck campers or camper shells. Specifically for the purpose of this definition, temporary housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers."

Temporary housing, self-contained is defined as: "Temporary housing that does not require connection to city utilities, is served by an independent waste water and freshwater delivery service, and that includes sleeping, cooking, dining, toilet and shower facilities, contained within an individual RV or contained within individual or multiple modular structures."

a.

Temporary housing is permitted only on land currently (as of the date of approval of these regulations) zoned "C-2" Commercial District, "R-R" Rural Residential District, and "I" Industrial District, excepting the area that constitutes the Carlsbad Airport Industrial Park (CAIP), with a minimum of two acres for the temporary housing area, and where primary access to the area of temporary housing is from an arterial street, as defined in this Code. The acreage requirement for a temporary use permit for temporary housing is not subject to the appeal (variance) process as defined in section 56-150(k) of this zoning ordinance. All temporary use permit applications for temporary housing must fully meet the acreage requirements listed within this section.

b.

The land on which a temporary housing use is permitted shall be properly addressed for 911 purposes.

c.

Temporary housing shall be connected to city water and sewer utilities or completely self-contained, except for electrical service, which shall be obtained from the service provider. All electrical work must be conducted by a licensed electrician and city electrical permits and inspections are required. The use of generators is prohibited except in an emergency power outage situation.

d.

A site plan shall be provided that identifies:

1.

The location of all pre-fabricated modular units and/or RV spaces with required setbacks and spacing between units; and

2.

Ingress and egress locations (a minimum of one with a minimum width of 24 feet combined with an emergency turnaround of at least 100 feet); and

3.

Vehicular drive aisles - minimum width of 24 feet with no on-street parking, minimum chip seal or gravel paving and graded to prevent ruts, muddy and dangerous driving surfaces. Vehicular drive aisles shall remain clear of all obstructions, including vehicles and trailer/RV towing hitches or tongues; and

4.

Emergency access and turn around, if necessary, (minimum 100 feet diameter); and

5.

RV spaces shall be a minimum 20 feet in width and 60 feet in length, or shall contain an equal amount of square footage (1,200 square feet). There shall be a minimum 14 feet between the sides of all recreational vehicles, and a minimum of eight feet between the backs of all recreational vehicles. Any structure, including awnings, attached to or touching a RV shall, for purposes of this separation requirement, be considered part of the RV.

6.

Parking spaces (one nine feet by 18 feet space per sleeping unit or recreational vehicle space). Each RV space shall contain within the 20 feet minimum width and 60 feet minimum length at least one parking space designed for the inhabitant of said RV space. No vehicular parking next to a RV space, or otherwise, shall be allowed to extend past the boundary of said RV space or into the vehicular drive aisle.; and

7.

Visitor parking spaces (one nine feet by 18 feet space for every four sleeping units) in designated visitor parking area; (one handicap parking space required if park is open to the public) and

8.

The location of amenities such as park areas, swimming pool, picnic tables and/or recreational activity areas, if provided; and

9.

A utility plan that shows the location, size and details of all lines located on the site as well as connections to temporary housing and any connections to city utilities. The utility plan shall also show the plan and layout for solid waste disposal; and

10.

The location of fire hydrants (or alternative fire suppression system as approved by the fire marshal) at the entrance of the development, if fire suppression is deemed necessary for the development.

e.

A grading and drainage plan is not required because permanent changes to the site, including grading, are not permitted.

f.

A minimum 6 feet tall solid (chain link with slats not allowed) perimeter fence (or 20 feet landscaping buffer complete with vegetation designed to screen the temporary development from neighboring properties. Landscaping shall be installed, irrigated and maintained—refer to section 56-110 of this zoning ordinance for details concerning approved vegetation and other landscaping requirements.) shall be erected between the area of the site utilized for temporary housing and parking and the public right-of-way or any adjacent residentially zoned properties. A non-solid perimeter fence shall be allowed between the temporary development and any non-residentially zoned property, or any undeveloped property, regardless of zoning. Any solid fence erected shall have the finished side facing the public ROW or adjacent properties to the temporary housing development. The purpose of this fence is to define the temporary housing area and to prevent litter and debris from blowing onto adjacent land. A building permit for the fence is required.

g.

A 20-foot set back from this fence shall be maintained free of obstructions at all times.

h.

A minimum ten-foot clear separation between all temporary structures shall be maintained at all times.

i.

A minimum 30-foot set-back from the front property line shall be maintained. This area may be used for landscaping or parking but may not be used for temporary housing units or RV spaces.

j.

If not connecting to city sewer facilities, a copy of a NMED approved sanitation plan shall be provided to the city. At a minimum, the sanitation plan shall indicate the type of service (storage tank, septic system, daily pick up, etc.) and the sanitary service provider's name and contact information, type of sanitary services provided (grey water, black water, fresh water, litter control, trash collection), the location of proposed solid waste containers, to be approved by the city utilities department, the schedule or frequency for such service provision, and the responsible party for immediate clean up if a spill occurs. All temporary housing units and/or RVs must be provided sanitary service on a regular basis, as needed, and identified in the sanitation plan.

k.

The sanitation provider shall comply with all federal, state, and local regulations including obtaining a permit from the city wastewater department.

l.

Permission to connect to city water and/or sewer facilities is dependent upon approval from the utilities department director. The director may require detailed plans regarding the size and location of the lines and connections. The developer is responsible for costs associated with the installation of, and connection to, the city facilities, both within the public right-of-way, if applicable, and within the private property used for the temporary housing. All construction work, including connections, will require the proper city permits and inspections will be conducted by the city in order to protect the health, safety and welfare of future temporary housing residents.

m.

Temporary housing shall not be located within a floodway as delineated on the city's flood insurance rate maps.

n.

City code enforcement personnel may conduct unscheduled periodic inspections of the temporary housing use to ensure regulations and conditions are met.

o.

If the applicant has provided a professional site plan that meets all of the aforementioned requirements, staff shall forward the request to the planning and zoning commission for their recommendation to the city council. The city council shall make the final decision regarding the issuance of a temporary use permit for temporary housing. The city council may approve a permit for up to five years. The applicant may seek renewal for the temporary housing development if the following considerations and requirements are met:

1.

The temporary development has not been deemed a public nuisance as determined by the need for repeated police response to the development due to criminal or unsavory behavior of the inhabitants.

2.

The temporary development has remained compliant under the existing city codes, and has avoided repeated violations as determined by city code enforcement.

3.

It is determined by the planning director that the need for temporary housing still exists within the community. If renewal is requested by an applicant, city staff will verify if a need still exists by contacting permitted RV parks and mobile home parks to assess vacancy rates.

4.

Upon application for permit renewal, the property owner must submit a detailed plan that indicates what the permanent long term plan for the property shall be, and that the long term plan will be fulfilled within the additional five year renewal. No additional permit renewals will be allowed. (All temporary RV parks currently approved at the time of the passing of this amendment and operating will be allowed two permit renewals.)

5.

Prior to approving a permit renewal, the fire marshal shall review the site plan and provide a report indicating fire suppression requirements, including quantity and location of fire hydrants or on-site facilities to be installed immediately. No additional five-year renewal will be granted unless the fire marshal's requirements are met.

p.

A temporary use permit for temporary housing may be revoked by the city administrator upon finding that:

1.

The temporary housing is unsafe;

2.

The housing or grounds are unsanitary;

3.

Crime or safety issues are prevalent;

q.

If approved, you are required to contact the city clerk to obtain a lodger's tax application.

r.

Water and sewer fees will be based on the number of spaces approved by city council, not the number of occupied spaces.

s.

An approved temporary use permit for temporary housing runs with the land and is transferrable to the new land owner for the remainder of the permit timeframe. After expiration of the permit, the new owner may apply for a renewal, as provided for in subsection o. above.

t.

The permit period begins when the first unit is placed on-site. The permit period ends as specified by the city council and renewals expire as specified by the planning director.

(11)

Other uses. The planning and zoning commission may approve other temporary uses and activities or special events. Such uses shall not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties near the proposed location of the activity. Such uses shall comply with all applicable ordinances, laws, rules, regulations, codes and policies.

(b)

General regulations.

(1)

All temporary uses shall comply with the provisions of this Section:

a.

Permanent changes to the site are prohibited;

b.

Permanent signs are prohibited. All temporary signs associated with the temporary use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies and shall be placed no more than 72 hours in advance of the event, and shall be removed within 24 hours of the end of the event;

c.

Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site;

d.

All other required permits and licenses, such as health department permits, shall be obtained; and

e.

Temporary uses shall be subject to site plan review as required by the temporary use permit process.

(2)

Approval criteria. The planning director may approve a temporary use permit if it is determined that all of the following conditions are met:

a.

That the proposed site is adequate in size and shape to accommodate the temporary use;

b.

That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

c.

That adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations (with an approved alternative parking plan);

d.

That the operation of the requested use at the location proposed and within the time period specified will not endanger, jeopardize or otherwise constitute a menace to the public health, safety or general welfare; and

e.

All other required permits have been obtained.

(3)

Conditions of approval. In approving temporary use permits, conditions may be imposed as necessary to reduce or minimize any potential adverse impact upon adjacent property. Conditions shall relate to an impact created or aggravated by the proposed use and shall be roughly proportional to the impact. For example, any or all of the following conditions may be imposed:

a.

Provision of temporary parking facilities, including vehicular access, ingress, and egress;

b.

Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke and vibrations;

c.

Limits on temporary buildings, facilities and structures, including height, placement and size, and location of equipment and open spaces, including buffer areas and other setbacks;

d.

Provision of medical and sanitary facilities;

e.

Provision of solid waste collection and disposal;

f.

Provision of safety and security measures;

g.

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested or specified in this section;

h.

Submission of a performance bond or other financial guarantee to ensure that any temporary buildings, facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and

i.

Other conditions deemed appropriate by the city administrator.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16; Ord. No. 2019-17, Att., 3-26-19)

(a)

Exception.

1.

Lot area. No building permit or development approval shall be issued for a lot that does not meet the minimum area requirements of this code except for utilities using land or an unoccupied structure covering less than 1,000 square feet of site area are exempt from minimum lot area standards.

2.

Encroachments. Setbacks and yards must be unobstructed from the ground to the sky except that the following features may encroach into the required front, rear, and/or side setback but in no instance shall encroach into the public right-of-way:

(a)

Bay windows, extending into a front or rear setback or yard, but not to exceed three feet in depth and 12 feet in length;

(b)

Carports may encroach into a front-yard setback but shall not encroach into the public right-of-way or required side and rear-yard setbacks;

(c)

Chimneys, not to exceed two feet in depth;

(d)

Clothesline posts (rear setback or yard only);

(e)

Driveways, curbs, and sidewalks;

(f)

Flagpoles;

(g)

Gardening and landscaping;

(h)

Heating and cooling units, not to exceed three feet in depth;

(i)

Mailboxes;

(j)

Overhanging roof, eave, gutter, cornice, or other architectural features and awnings, not to exceed 30 inches;

(k)

Septic systems, well, and underground utilities;

(l)

Steps, stairs, or fire escapes (non-enclosed), provided that they are of non-combustible construction, may extend into a rear setback or yard, but not to exceed three and one-half feet;

(m)

Uncovered, unenclosed terraces or porches, extending into a front or rear-yard setback, but not to exceed six feet;

(n)

Yard and service lighting fixtures, and poles.

(b)

Density, setback and area standards. The development of lots is subject to the following density, setback and area standards:

TABLE 6: DENSITY, SETBACK, AND AREA STANDARDS

* Where majority of buildings on block are closer than 30' from the front property line, the lesser setback applies.

** See subsection "B" below.

*** See subsection "C" below.

A.

Where a lot abuts two or more streets along two or more non-adjoining sides of the lot, the required street setback shall be provided on all streets. No accessory building shall project beyond the street-side setbacks. Where a lot abuts two streets along two adjoining sides of the lot, there shall be a street setback on one street and a side setback on the other, with the side setback having a depth of not less then ten feet; provided, however, where the rear lot line of the corner lot is also a side lot line of an abutting lot, then there shall be a street setback on each street side of the corner lot. No accessory building shall project beyond the street setback on either street.

B.

Side setbacks are required in order to provide a buffer between uses and for safety purposes. The minimum side setbacks shall be:

C.

Rear setbacks are required in order to provide a buffer between non-residential and residential uses. Where the rear of a lot abuts a residential zoning district, the rear setback shall be a minimum of ten feet. Where the rear of a lot abuts a non-residential zoning district, public right-of-way or alley, a rear setback is not required.

D.

No yard, setback, or other open space provided around any structure for the purpose of complying with provisions of this code shall be considered as providing a yard, setback, or open space for any structure on any other lot.

(c)

Alternate residential development options. Alternate residential development options are intended to allow for variety while maintaining the overall character of a single-family residential development.

1.

Flag lots. Flag lots are discouraged, however, if allowed by the applicable subdivision laws, ordinances, rules, and regulations, they shall meet the following minimum requirements:

(a)

Frontage. Each flag lot shall have a minimum of 50 feet of street frontage and 20 feet of continuous width for the entire length of the driveway.

(b)

Lot area calculation. The area of the driveway may not be counted as part of the lot area for the purpose of establishing minimum lot size.

(c)

Driveways. Driveways shall be designed to allow vehicles to drive out forward and for two vehicles to pass one another. Common driveways may be required when two flag lots abut. Driveways shall be designed with turnarounds of sufficient size and surfacing to allow for full access by ambulance, fire and other emergency vehicles (minimum 100 feet diameter). Driveways shall be paved with an all-weather surface (e.g. asphalt, brick pavers, porous pavement, concrete).

(d)

Deed restrictions. Where common driveways are required for flag lots, terms requiring the owners of the flag lots to adequately maintain the driveway and turnarounds must be recorded on the plat and on the deeds of the applicable lots as an easement. Proof that such restrictions have been recorded with the county clerk must be submitted prior to the issuance of any building permit.

2.

Single-family attached. Attached single-family development shall be allowed in accordance with the Use Table of section 56-41. No interior side setback or yard is required on the "attached" side of a lot containing an attached dwelling unit. The standard setbacks and yards must be maintained on all other sides of the lot. The standard rear, side and front/street setback and yard standards shall apply around the perimeter of an attached housing development.

3.

Zero lot line. In a zero lot line development, dwelling units are shifted to one side of each lot to provide for greater usable side yard space on each lot. These developments require planning and approval for all of the dwelling unit locations concurrent with the preliminary subdivision plat. The exact location of each dwelling unit is determined by the plat.

(a)

Permitted zones. Zero lot line developments are allowed in any zoning district that allows residential uses.

(b)

Proof of record required. Prior to the issuance of any building permits for a dwelling unit with a zero lot line lot, proof of filing of an approved plat with the county clerk must be provided. The plat shall:

(i)

Show that the provided side yard setback is twice the side yard setback required in the underlying zoning district;

(ii)

Provide restrictions limiting the maximum eave projection to 24 inches over the zero lot line side of the property line; and

(iii)

Provide easements for eave projection, access and maintenance.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)

(a)

Authority. As the preservation of historic assets within the city has been determined by the city council to be a legitimate purpose of government, this section is adopted pursuant to and furthers the purposes of NMSA 1978, § 3-21-1 et. seq., (Municipal and City Zoning Regulations); NMSA § 3-22-1 et. seq., (Historic Districts and Landmarks Act); and NMSA § 18-6-1 et. seq., (Cultural Properties Act).

(b)

Purpose. The city council hereby declares that the archeological and historical heritage of the city is one of the city's most valued and important assets; and that the public has an interest in the preservation of all prehistoric and historic ruins, sites, trails, primitive or historic roads — excluding existing modified thoroughfares, structures, objects, and similar places and things for their scientific and cultural information and value; that the neglect, desecration and destruction of prehistoric and historic sites and objects results in an irreplaceable loss to the public. The term "prehistoric and historic sites and objects" includes, but is not limited to, real and personal property, including structures and ruins, that have historical and/or archeological significance. Therefore, the purpose of this article is to establish a cooperative approach for the protection and enhancement of the city's unique heritage and identity through the protection of historic sites, structures, and artifacts and through the designation of districts and landmarks of historical or archeological significance. This article is further intended to:

(1)

Create a reasonable balance between private property rights and the public's interest in preserving the city's historic properties;

(2)

Allow for the preservation, protection, and enhancement of archaeological and historical sites and objects within the city;

(3)

Foster civic pride in the beauty and accomplishments of our past;

(4)

Provide educational opportunities for city residents of all ages;

(5)

Enhance and promote the city's ability to attract tourists and other visitors while respecting the privacy of individual building occupants;

(6)

Promote the continued use, adaptive reuse, and maintenance of historic or architecturally significant properties;

(7)

Ensure that the exterior design and appearance of new structures and improvements within a historic district will be compatible with the established character of that district;

(8)

Provide owners of properties of historic significance with helpful information and other potential incentives for the preservation, maintenance, and improvement of their properties; and

(9)

Establish efficient and simple administrative systems to carry out the purposes of this article utilizing, wherever possible, approval procedures already in existence.

(Ord. No. 2023-31, Exh. A, 12-12-23)

For the purposes of sections 56-91 through 56-100, the following words and phrases shall be defined as follows:

Historic preservation advisory board (referred to as the HPAB in this article) means the board established by city ordinance and authorized by section to make recommendations to the planning and zoning commission and to the city council on proposed historic designations and projects affecting historic properties within the city.

Historic district means an area within the city that has been so designated by ordinance pursuant to the procedures outlined in sections and mapped as an overlay district on the city's official zoning map.

Historic landmark means an individual building, structure, or site within the city that has been so designated by ordinance pursuant to sections and mapped as an overlay district on the city's official zoning map.

Historic property means a historic landmark or any property located within a historic district, including all structures or improvements thereon.

Historic property alteration certificate means the official form issued under section 56-100 stating that proposed work on a historic property is compatible with the historic character of the property and therefore: (1) has been recommended for approval as appropriate and may be completed as specified in the certificate subject to compliance with all local, state and federal laws, as applicable; and (2) any building permits or other construction-related permits regarding work specified in the certificate may be issued by the community development department or other regulatory departments upon satisfaction of all requirements for such permits.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

The city council may designate and list individual historic landmarks or historic districts within the city, pursuant to this section.

(b)

Criteria for designation. The city council may authorize the designation of a historic landmark or historic district where the landmark or district proposed for inclusion is found to possess not less than two of the following characteristics; the landmark or district.

(1)

Embodies an architectural style or method of construction dating from one or more significant historic periods;

(2)

Establishes a sense of time and place unique to the City of Carlsbad;

(3)

Exemplifies or reflects the cultural, social, economic, or political history of the nation, state, or city;

(4)

Is associated with the lives of significant historical persons or events;

(5)

Has the potential to preserve, display, or yield significant historical or archaeological information; or

(6)

Exists on the registry of the State or National Register of Historic Places.

(c)

Historic landmarks and districts shall be designated on the official zoning map.

(d)

Historic designation will result in the creation of a historic protection overlay zone district which will impose regulations on the designated property or district in addition to the zoning regulations already in effect in the underlying zoning district.

(e)

Owner consent required. Any person or group may nominate a historic landmark or district for designation; however, written consent of the property owner(s) is required before the nomination of an individual landmark will be considered. A historic district nomination application requires the written consent of the owners of at least 66 percent of the properties within the proposed district.

(f)

Application requirements. Nominating applications shall be submitted to the planning and regulations department director and shall contain at a minimum:

(1)

The proper application form as provided by the planning department director;

(2)

Any application fee as established by resolution of the city council;

(3)

A map showing the boundary of the proposed historic landmark or district, including all structures and property lines within the proposed landmark or district;

(4)

Written consent of the owner(s) satisfying the requirement of this section;

(5)

A statement of justification reviewing the historical or architectural significance of the proposed landmark or district and how it meets the criteria for designation in this section;

(6)

A description of the particular historic or architectural features that should be preserved. The description shall be based on a study prepared by an architectural or qualified authority on historic perseveration surveying the proposed landmark or all properties within the proposed district, as applicable. The features deemed to be significant and worthy of preservation shall be specifically listed and illustrated in the study and shall form the basis for proposed preservation regulations within the district.

(g)

Procedure.

(1)

Applications for adoption or amendment to a city landmark or historic district adoption may be made by any person.

(2)

Applications shall be filed with the planning department.

(3)

The planning director shall provide public notice of hearings under this section.

(4)

The historic preservation advisory board shall conduct a public hearing on the application and make a recommendation to the planning and zoning commission. The hearing shall be set within 30 days of receipt of a completed application. The HPAB may independently nominate or sponsor an application for the designation of an individual landmark or a historic district.

(5)

The planning director, or their designee, shall set a date for a public hearing before the planning and zoning commission on the HPAB recommendation for a city landmark or historic district adoption or amendment request within 30 days of receipt of a report and recommendation from the HPAB.

(6)

The planning and zoning commission shall conduct a public hearing on the application. The planning and zoning commission shall make a recommendation to the City Council as to whether the proposed historic landmark or district shall be officially designated on the official zoning map as an overlay district.

(7)

Following receipt of the planning and zoning commission recommendation for the proposed city landmark or historic district adoption or amendment, the city council shall conduct a public hearing to consider the recommendation of the planning and zoning commission and whether the proposed historic landmark or district shall be officially designated on the city zoning map as an overlay district.

(8)

The city council shall approve or deny the proposed zone map amendment.

(9)

Final approval of the city landmark or historic district adoption shall be determined by the city council.

(10)

After the city council has approved a city landmark or historic district adoption or amendment, the official zoning map shall be amended to note the change.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Within the boundaries of any HP-O zone, the exterior appearance of a structure shall not be altered; new structures shall not be constructed; and existing structures shall not be demolished until a historic property alteration certificate is approved pursuant to section 56-100.

(b)

A historic property alteration certificate shall not be required for:

(1)

Ordinary maintenance and repair where the purpose of the work is to preserve the integrity of the structure and/or materials, correct deterioration to the structure, and restore it to its condition prior to deterioration; or

(2)

Construction, alteration, or demolition involving only the structure's interior features, unless such work impacts the structure's exterior appearance.

(3)

Within the boundaries of any HP-O zone, no demolition permit shall be issued by the planning director until an HP-O demolition permit application has been reviewed by the HPAB pursuant to the procedures of sections 56-97 through 56-98.

(4)

The owner of a designated historic property shall apply to the planning department director for a historic property alteration certificate using the forms and submitting the necessary documentation as prescribed by the director. The applicant also shall submit any fees as established by resolution of the city council.

(5)

Standards for review. No application for a historic property alteration certificate shall be approved unless the following conditions are satisfied:

a.

The proposed work will preserve, enhance, or restore and does not damage or destroy the significant features of the resource as identified in the nomination for designation under section 56-93 and any specific design guidelines adopted for the historic landmark or district; and

b.

The proposed work will be compatible with the relevant historic, cultural, or architectural qualities characteristic of the structure, site or district including, but not limited to, elements of size, scale, massing, proportions, orientation, materials, surface textures, and patterns, details, and embellishments and the relation of these elements to one another.

(c)

Review and Public Hearing. Review of the application and a public hearing shall follow the procedures established in sections 56-97 through 57-98.

(d)

An applicant who has been denied a historic property alteration certificate may seek an exemption from all, or portions of, the requirements of this section based on economic hardship by requesting an HP-O economic hardship waiver per the procedures of section 56-95. If a request for economic hardship waiver is made, the applicant may not undertake any work on the historic property until and unless the planning and zoning commission makes a finding that economic hardship exists, and a certificate has been issued.

(e)

No owner of a historic property shall permit such property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature that would produce a detrimental effect upon the character of the district as a whole or the life and character of the property itself. Examples of such deterioration include deterioration of exterior walls or other vertical supports; deterioration of roof or other horizontal members; deterioration of exterior chimneys; deterioration or crumbling of exterior stucco or mortar; ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; and deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

(f)

Nothing in this section shall be construed as to prevent any repairs, construction alterations, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure or site feature or part thereof, where such condition has been declared unsafe or dangerous by the city planning director, other applicable city department directors, or federal or state agencies, and where proposed measures have been declared necessary by such departments or agencies. To the maximum practical extent such repairs, alterations, or demolitions shall be carried out in accordance with the standards required by this article.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Applicability. This section applies to applicants who have been denied a historic property alteration certificate and seek an exemption from all, or portions of, the historic protection overlay (HP-O) requirements based on economic hardships.

(b)

Procedures.

(1)

Applications for an exemption to the HP-O standards based on economic hardship may be made by the owner or agent of any parcel of property to be affected.

(2)

Exemptions based on economic hardship applications shall be submitted to the planning department and shall include all information per the economic hardship exemption form including a demonstration of the following:

a.

In the case of an income-producing property, that a reasonable rate of return cannot be obtained from the property in its present condition or if improved in compliance with this article.

b.

In the case of a non-income-producing property, that the property has no beneficial use as a dwelling or for an institutional use in its present condition or if improved in compliance with this article.

c.

The consideration for economic hardship shall not include willful or negligent acts by the owner, purchase of the property for substantially more than the market value, or failure to perform normal maintenance and repairs.

d.

In addition, the applicant shall demonstrate that it has consulted with the HPAB, local preservation groups, or interested parties in an effort to seek an alternative that will result in the protection of the property.

(1)

The planning director, or their designee, shall set a date for a public hearing before the planning and zoning commission on the request within 30 days of receipt of a complete application.

(2)

The planning department shall provide public notice of the hearing.

(3)

The planning and zoning commission shall conduct a public hearing on the application. The planning and zoning commission shall employ a quasi-judicial hearing process.

(4)

The planning and zoning commission shall approve or deny the request.

(5)

The final action of the planning and zoning commission regarding any exemptions based on economic hardship may be appealed to the city council.

(Ord. No. 2023-31, Exh. A, 12-12-23)

An application for waiver or exemption based on economic hardship shall be approved if it meets the following criteria:

(1)

The hardship does not relate to the applicant's financial status.

(2)

The impact of this ordinance is such that it denies the applicant all reasonable or beneficial use of the property.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Applicability. This section applies to all applications for demolition within a historic protection overlay.

(b)

Procedure.

(1)

Applications for historic demolition permits may be made by the owner or agent of any parcel of property to be affected.

(2)

Historic demolition permits shall be submitted to the planning department and shall include all information per the city's demolition permit application, including:

a.

Proof of ownership.

b.

Scaled floor plan showing the scope of demolition.

c.

A written explanation demonstrating the need for the demolition.

(3)

Applications for historic demolition permits shall be filed with the planning director.

(4)

The planning director, or their designee, shall set a meeting with the planning director and two members of the historic preservation advisory board designated by the historic preservation advisory board chair to review the application within ten days of receipt of a complete application.

(5)

If the committee does not issue a demolition permit (this will need to be an approval of the plan, the planning department will need to issue any demolition permit), then the planning and regulations director shall set a date for a public hearing before the HPAB on the demolition request within 30 days of the demolition denial by the committee.

(6)

The HPAB shall conduct a public hearing on the application. The HPAB shall make a recommendation to the planning and zoning commission.

(7)

Following receipt of the HPAB recommendation for application, the planning and zoning commission shall conduct a public hearing during their next regular or special meeting as required from the HPAB hearing date. The planning and zoning commission shall employ a quasi-judicial procedure.

(8)

The planning and zoning commission shall approve or deny the demolition request.

(9)

The final action of the planning and zoning commission regarding any demolition request may be appealed to the city council.

(10)

If the request for a demolition permit is denied by the planning and zoning commission, and upheld by the city council, then no permit for demolition shall be issued. This request will no longer be revisited unless a new proposal is presented, thereby beginning the process as a new project.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Decision criteria for partial demolition. An application for a partial demolition permit in a historic protection overlay shall be approved if it meets all of the following criteria:

(1)

The partial demolition is required for renovation, restoration, or rehabilitation of the structure.

(2)

The structure is determined to have historic or architectural significance but, the structure proposed for partial demolition is not structurally sound despite evidence of the owner's efforts to maintain the structure.

(3)

The request has mitigated, to the greatest extent possible, impacts on the historic importance of the structure or structures located on the property and on the architectural integrity of the structure or structures on the property.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Decision criteria for total demolition. An application for a demolition permit in a historic protection overlay shall be approved if it meets all of the following criteria:

(1)

The structure is of minimal historic significance because of its location, condition, modifications, or other factors, and its demolition will be inconsequential to the historic preservation needs of the area; or

(2)

The structure is determined to have historic or architectural significance but:

a.

The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to maintain the structure; and

b.

The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and

c.

The structure cannot be practically moved to another site in the city; and

d.

The request demonstrates that the proposal mitigates to the greatest extent practical the following:

1.

Any impacts that occur to the visual character of the neighborhood where demolition is proposed to occur.

2.

Any impact on the historical importance of the structure or structures located on the property and adjacent properties.

3.

Any impact on the architectural integrity of the structure or structures located on the property and adjacent properties.

(Ord. No. 2023-31, Exh. A, 12-12-23)

(a)

Applicability. New construction over 200 square feet in gross floor area, or the relocation or demolition of a historic property within a designated historic protection overlay shall require a major historic property alteration certificate per this section.

(b)

Procedures.

(1)

Applications for a historic property alteration certificate may be made by the owner or agent of any parcel of property.

(2)

Historic property alteration certificate applications shall include the application, site plan, architectural drawings, and other documentation that show compliance with the applicable provisions of this Code and other adopted city plans or policies as required by the city's site plan application to the planning and regulations department, including:

a.

Proof of property ownership or owner's affidavit if the property is rented or leased.

b.

Architectural drawings (by NM licensed architect) showing proposed alterations, as applicable.

c.

A written explanation of how the request conforms to the decision criteria within subsection (c) below.

d.

Any applicable requirements as required by the planning and regulations director.

(3)

The application shall be filed with the planning department.

(4)

The planning department shall provide public notice of the hearing.

(5)

The planning department shall set a date for a public hearing before the HPAB on the request within 30 days of receipt of a complete application.

(6)

The historic preservation advisory board shall conduct a public hearing on the application and forward a recommendation to the planning and zoning commission. The HPAB recommendation on the application shall take one of three forms: (i) approval as presented; (ii) approval with conditions; or (iii) denial. If the Historic Preservation Advisory Board fails to make a recommendation within the 30-day period, the request will be forwarded to the planning and zoning commission without a recommendation.

(7)

The planning and zoning commission shall hold a public hearing at the next regularly scheduled meeting or as soon as is practicable after receiving the historic preservation advisory board recommendation or, in the event that the historic preservation advisory board isn't able to reach a recommendation after the 30-day review period has passed. The planning and zoning commission shall employ a quasi-judicial procedure.

(8)

The historic property alteration certificate application shall be reviewed based on its conformity with the decision criteria of section 56-100.

a.

The final action of the planning and zoning commission regarding any historic property alteration certificate may be appealed to the city council.

(c)

Decision criteria. An application for a major historic property alteration certificate shall be approved if it meets all of the following criteria:

(1)

The proposed work will preserve, enhance, or restore significant features of the resources as identified in the criteria for designation of the nomination or any specific design guidelines adopted for the historic landmark or district.

(2)

The proposed work is compatible with the relevant historic, cultural, or architectural qualities characteristic of the structure, site, or district including, but not limited to, elements of size, scale, massing, proportions, orientation, materials, surface textures, and patterns, details, and embellishments and the relation of these elements to one another.

(3)

The proposed work will not significantly destroy, damage, or diminish significant features of the resources as identified in the criteria for designation of the nomination or within any specific design guidelines adopted for the historic landmark or district.

(Ord. No. 2023-31, Exh. A, 12-12-23)