A.

Purpose and Intent. As the name implies, overlay districts "over-lay" applicable base zoning district classifications to alter some or all of the base zoning district regulations that apply to particular sites. Overlay zoning districts work to modify or supplement the regulations imposed by base zoning district when necessary to address special situations or accomplish specific city goals. Overlay zoning is intended to be used when the base zoning district applied to an area remains generally appropriate, but when an additional, modified or eliminated requirement could help implement the city's planning goals or address an area-specific planning, design or land use regulation issue.

B.

Procedures for Establishment.

1.

Except as otherwise expressly stated, overlay district regulations must be established in accordance with the UDO text amendment procedures of 17.65.020.

2.

Except as otherwise expressly stated, overlay district boundaries may be established, amended or eliminated only in accordance with the zoning map amendment procedures of 17.65.030.

3.

A pre-application meeting is required before the filing of any owner-initiated application to create overlay district regulations or establish or amend overlay district boundaries (see 17.65.010.C.2).

4.

Proposed regulations and overlay district boundaries must be based on an adopted plan or be prepared following an inclusive, transparent, and equitable planning and public involvement process that includes opportunities for affected property owners and residents to participate in the formulation of overlay regulations and proposed district boundaries or otherwise offer recommendations and provide input.

5.

The applicant must provide at least the following information to the planning and zoning commission and city commission before their respective public hearings:

a.

Specific findings regarding the need for the proposed overlay and the overlay's consistency with the UDO's general purposes (17.05.050) and the with the stated purpose and intent of the proposed overlay district regulations.

b.

All proposed use, development or design regulations that will apply within the boundaries of the proposed overlay and what actions (e.g., new development, building additions, change of use) will trigger compliance with those regulations.

c.

Documentation of the public involvement process used in preparing proposed overlay regulations and overlay district boundaries, including at least a description of:

(1)

The opportunities provided for participation and input;

(2)

The types of information disseminated to affected residents, businesses and property owners and the methods of dissemination; and

(3)

The level of participation by affected residents, businesses and property owners in meetings and discussions.

d.

A map showing all lots included within the boundaries with identification of those property owners, residents and businesses who have indicated, in writing, their support or opposition to the overlay district text or map amendment. Property owners may submit their written indication of support or opposition at informational meetings, at public hearings, or by writing directly to the director of building safety or planning and zoning commission.

e.

Once approved, overlay zoning districts must be shown on the official zoning map by appending the applicable overlay district map symbol (in parentheses) to the base zoning district map symbol. For example, a carport overlay in a RS-7-zoned area would be shown on the zoning map as "RS-7(c1)."

C.

Selection Criteria. An overlay district must be a geographically defined area that has a significant concentration of sites that are united by physical development patterns, architecture, land use issues or other factors related to public health, safety or general welfare.

D.

Interpretation.

1.

All applicable regulations of the underlying base zoning district apply to property in an overlay district unless otherwise expressly stated in the overlay district regulations.

2.

When overlay regulations conflict with regulations that otherwise apply in the underlying base zoning district, the regulations of the applicable overlay govern. If property is classified in multiple overlay districts and the regulations of one overlay district conflict with the regulations of another overlay district, the more restrictive regulations govern.

3.

Overlay district boundaries must be shown on the official zoning map.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose and Intent. The (c1), carport overlay district is intended to accommodate the use and construction of "stick-built" carports that generally match the appearance of the principal dwelling unit on the lot.

B.

Regulations. Carports in (c1), carport overlay districts are subject to the general carport regulations of 17.30.030.D, as well as the following:

1.

In (c1) carport overlay districts, the roof of the carport must match roof pitch and color of the principal dwelling unit on the subject lot. The carport's supporting structure must match the principal dwelling unit in terms of color and materials.

2.

When the carport roof is pitched, the gutter must be at the same level as the gutter on the principal dwelling unit.

3.

Carport ceilings must be between six and one-half feet and nine feet above floor or driveway surface immediately below.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose and Intent. The (c2), prefab carport overlay district is intended to accommodate the use and siting of prefabricated carports, as well as the construction of stick-built carports.

B.

Legacy Status.

1.

Land classified in a (c2) overlay zoning district on the effective date specified in 17.05.020 will continue to be classified in the (c2) overlay district.

2.

No applications to establish new (c2) overlay zoning districts or to expand the boundaries of existing (c2) overlay zoning districts may be accepted for processing after the effective date specified in 17.05.020.

C.

Regulations. Carports in (c2), prefab carport overlay districts are subject to the general carport regulations of 17.30.030.D, as well as the following:

1.

All premanufactured carports and any carports utilizing structural steel members or steel pipe require design approval by a professional engineer to standards adopted by the New Mexico Construction Industries Division.

2.

All foundation plans for anchoring the carport structure to a permanent foundation must be approved by the department of building safety.

3.

Any carport meeting the (c1) carport overlay district regulations may also be constructed in an (c2) carport overlay district.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose and Intent. The (L), livestock overlay district is intended to accommodate the keeping of livestock in zoning districts that would not otherwise allow such use.

B.

Regulations. The keeping of livestock is a permitted use in any (L) overlay district. The maximum allowed density of livestock in an (L-1) overlay district may not exceed one animal unit per acre of lot area.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose and Intent. The (MH), mobile home overlay district is intended to accommodate the siting of individual mobile homes on individual lots in zoning districts that would not otherwise allow the siting of mobile homes.

B.

Regulations. A single mobile home dwelling unit may be placed on a lot located within an (MH) overlay district, subject to compliance with all of the regulations that apply to detached houses in the underlying zoning district. All mobile home units must be skirted consistent with the character of the mobile home structure.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Purpose and Intent. The (MHP), mobile home park district is intended to accommodate the siting of mobile home parks in zoning districts that would not otherwise allow such uses.

B.

Regulations. Mobile home parks are subject to all of the following regulations:

1.

At least twenty percent of the mobile home park must be set aside as open space.

2.

A fence, wall of vegetative screen at least seven feet in height must be provided around the entire perimeter of the mobile home park in order to provide effective visual screening of the park from public rights-of-way and abutting lots.

3.

All public and private streets within the mobile home park must comply with public street standards.

4.

Mobile home parks that contain more than eight mobile home dwelling units must provide at least two public accesses routes for ingress to and egress from the mobile home park.

(Ord. No. 2122-2019, § 3, 6-20-19).