The following regulations shall apply in the C - Neighborhood commercial zone:

(a)

Purpose and intent. To provide for the development of local business, commercial and personal service activities within the Village, two areas exist:

(1)

The Corrales Road Commercial Area (CRCA); and

(2)

The Neighborhood Commercial and Office District (NCOD).

All proposed development shall be integrated with existing, adjoining land uses and shall be compatible with the existing character of the surrounding area.

(b)

Lot dimensions and location.

(1)

For the CRCA:

a.

All lots shall be contiguous to Corrales Road having frontage on Corrales Road;

b.

All lots shall be located on the east side of Corrales Road between East Meadowlark Lane on the south and Wagner Lane on the north, and on the west side of Corrales Road between West Meadowlark Lane on the south and Old Church Road on the north; and shall also include the lots south of and immediately adjacent to Meadowlark Lane on each side of Corrales Road;

c.

The depth of commercial zoning shall be limited to 350 feet from Corrales Road on each side, measured perpendicular to the right-of-way. No variance shall be allowed from this provision;

(2)

For the NCOD, all lots shall be totally within the Neighborhood Commercial and Office District as defined in the Far Northwest Sector Plan Addendum to the Northwest Sector Plan, Ordinance No. 342, dated February 12, 2002, as amended.

(c)

Permissive uses. The following permissive uses and other similar uses shall be allowed in this zone upon the approval of a site development plan by the Commission pursuant to Section 18-45(b):

(1)

One dwelling unit per lot.

(2)

One mobile home dwelling unit per lot.

(3)

Agricultural uses, including the planting, growing and harvesting of crops for consumption, provided that any cannabis related agriculture is conducted in compliance with Village Ordinances, the Cannabis Regulation Act and other applicable state law, and:

a.

Any diseased, dead, or dying agricultural products be disposed of promptly and appropriately.

b.

Agricultural activities reasonably conducted in accordance with common agricultural practices on the property do not create a nuisance as set forth in Sections 14-71 through 14-116.

c.

Any greenhouses on the property greater than 120 square feet require evidence of the State engineer's approval of the well and water usage for the quantity and type of crop(s) to be raised or other evidence of sufficient water right as approved by the Planning Administrator.

d.

Drainage of agricultural wastewater shall be controlled to avoid pollution of irrigation ditches, ground water, and surrounding property.

(4)

Raising and management of livestock and fowl, provided that all areas devoted to livestock and fowl shall be maintained in such a manner that:

a.

It discourages the concentration and breeding of insects and rodents which are detrimental to human habitation.

b.

Livestock or fowl excrement shall be properly disposed of and, shall not be allowed to accumulate in amounts that cause unreasonable noxious odors.

c.

Drainage of livestock waste shall be contained on-site and controlled to avoid pollution of irrigation ditches, ground water, drains and surrounding property.

(5)

Accessory uses and structures.

(6)

Sale of livestock or crops raised on the premises. A cannabis permit must be approved by the Corrales Planning and Zoning Commission as required in Section 18-45(f) for the purpose wholesale, retail sale, or distribution of cannabis or cannabis products.

(7)

Storage of a trailer, boat and recreational vehicle owned by the on-site resident for personal use.

(8)

Home occupations (permit application and business registration required, see Section 18-45(c)).

(9)

Parking incidental to the above uses 1 through 8.

(10)

Commercial facilities. For the following uses, any change in use which would require additional parking and/or any alteration or addition to the site or any structure upon the site shall require the approval of a site development plan by the Planning and Zoning Commission pursuant to Section 18-45(b).

a.

Health care offices such as general medicine, acupuncture, chiropractic, dentistry and veterinary medicine.

b.

Service offices such as accounting, finance, insurance, real estate, law, engineering and architecture.

c.

Art galleries and artist studios.

d.

Retail stores such as convenience stores, craft shops, pet shops, grocery stores, hardware stores, auto parts and supplies, clothing stores, florist and nursery stores, furniture stores, livestock field, tack, and accessories stores.

e.

Banks, credit unions, savings, or other financial institutions.

f.

Beauty salons and barbershops.

g.

Childcare services.

h.

Short-term rental lodging establishments with no more than six (6) guest rooms.

i.

Greenhouses.

j.

Health spas and indoor recreational facilities.

k.

Governmental offices and service buildings.

l.

Museums.

m.

Parking incidental to the above uses.

(d)

Uses by review. The following uses are allowed in the C zone district only upon the approval of a site development plan by the Planning and Zoning Commission pursuant to Section 18-45(b):

(1)

Short-term rentals.

(2)

Theaters.

(3)

Event centers, reception, and meeting facilities.

(4)

Animal boarding facilities.

(5)

Light manufacturing uses which are completely enclosed, such as glass, metal art, welding, and woodworking shops.

(6)

Automobile service stations.

(7)

Bakeries, candy or confectionary manufacture.

(8)

Cannabis manufacturing or cannabis product manufacturing.

(9)

Bars, wineries, breweries, or beverage distilleries.

(10)

Liquor stores.

(11)

Cannabis retailers.

(12)

Cannabis consumption areas, which must be located on the same premises as a licensed Cannabis retailer in a standalone building, unless otherwise permitted in accordance with the Cannabis Regulation Act and the Dee Johnson Clean Indoor Air Act. No smoking shall be permitted outdoors within Village limits.

(13)

Cannabis establishments serving one or more function pursuant to their license type(s) under the Cannabis Regulation Act.

(14)

Restaurants.

(15)

Stores selling legal pharmaceuticals.

(16)

Churches and places of worship.

(17)

Group homes.

a.

Group homes may contain a medical facility.

b.

Group homes have a maximum capacity and occupancy of reasonable as determined by the Administrator or Building Inspector in relation to the lot size, square footage of the residence, number of bedrooms, parking availability, septic capacity, and relevant safety considerations; however, nothing in this Section shall violate the Federal Fair Housing Act.

(18)

Supervised outpatient treatment facility:

a.

A supervised outpatient treatment facility shall provide counseling and rehabilitative therapies for patients who do not reside on the premises.

b.

At the time of application for approval as a Use by Review, the owner must demonstrate compliance with all State of New Mexico licensures for the counseling and/or therapies to be provided on the premises of the supervised outpatient treatment facility.

c.

A supervised outpatient treatment facility may not be located closer than 300 feet to an educational or recreational use (nearest lot boundary) primarily serving children.

(e)

Lot area. The minimum area of each lot shall be 43,560 square feet. Any lot platted within the CRCA as set forth in Subsection 18-37(b) above which was substandard prior to November 21, 1989 shall be exempt.

(f)

Lot coverage. Lot coverage shall not exceed thirty-five (35) percent.

(g)

Setback requirements. No new structure shall be permitted to be constructed or placed closer than twenty-five (25) feet to any existing residential structure on any abutting lot. Otherwise, if there are no existing residential structures, front setbacks shall be no less than twenty-five (25) feet and rear and other setbacks shall be no less than ten (10) feet, except in the case of intensive agriculture, in which all setbacks shall be no less than twenty-five (25) feet.

(h)

Landscaping requirements and pedestrian access. In the CRCA, pedestrian pathways shall be required connecting the front door or other main access of the building to the parking area, to Corrales Road, and to adjacent properties fronting Corrales Road on either side. Required pedestrian pathways shall be considered part of the landscaped area. If the area of required pedestrian pathways results in a landscaped area in excess of the minimum requirements, the excess landscaped area may replace off-street parking that would otherwise be required pursuant to Section 18-39.

(i)

Architectural requirements. In order to emulate existing Village architecture and construction tradition, compliance with the following architectural standards is required for all new construction and whenever the exterior appearance of buildings or structures is altered:

(1)

Material. Stucco, adobe, slump block and stone are allowed. Materials such as aluminum siding, metal wall panels, mirrored glass and unstuccoed masonry units, or concrete are not allowed.

(2)

Façades. Building façades two stories in height shall include projecting or recessed portals, setbacks or other similar design elements at ground level and a balcony at the level of the floor of the second story. All ground level facades subject to public view and providing an entrance to a building shall be varied by inserts or projecting portals.

(3)

Building massing. Premises with a lot coverage of over 5,000 square feet shall be designed to appear more as an aggregation of smaller "building blocks" rather than a single large box or block.

(4)

Roof-mounted equipment. Roof-mounted mechanical, electrical, telephone or solar equipment shall be architecturally screened with opaque materials, for example, by raising the parapet, and shall be of a low profile to minimize the screening problems.

(5)

Walls and fences. No solid fence exceeding three (3) feet in height shall be erected on the front lot line or within the front setback area of any lot or within the vision clearance clear sight area abutting a driveway. Walls and fences shall be built of brick, adobe, rock, decorative concrete block, masonry, wood, wood and metal wire, pipe, wrought iron or similar materials. Walls of unstuccoed concrete block, unstuccoed concrete, or similar materials are prohibited.

(j)

Placement of parking.

(1)

Parking areas shall be placed off the street to the rear and sides of buildings whenever possible.

(2)

All development within the CRCA shall provide driveways for vehicular access based on the following restrictions:

a.

Primary access shall be from Corrales Road. However, the Commission may allow primary access from another street provided the applicant can demonstrate there will be no adverse effects from noise, glare or odors, and that the alternate access will not be contrary to public safety;

b.

For every 150 feet of frontage on Corrales Road, there shall be no more than one driveway providing ingress and egress;

c.

No driveway shall have width in excess of 28 feet; and

d.

All driveway areas shall be clearly defined by landscaping, walls, or fences.

(3)

All development within the NCOD zone area shall provide driveways for vehicular access based on the following restrictions:

a.

Primary access shall be from Don Julio Road. However, the Commission may allow primary access from another street provided the applicant can demonstrate there will be no adverse effects from noise, glare or odors, and that the alternate access will not be contrary to public safety;

b.

For every 150 feet of frontage on Don Julio Road, there shall be no more than one driveway providing ingress and egress;

c.

No driveway shall have width in excess of 28 feet; and

d.

All driveway areas shall be clearly defined by landscaping, walls, or fences.

(4)

All other commercial zoning shall provide driveways for vehicular access based on the following restrictions:

a.

For every 150 feet of frontage, there shall be no more than one driveway providing ingress and egress;

b.

No driveway shall have width in excess of 28 feet;

c.

All driveway areas shall be clearly defined by landscaping, walls, or fences.

(k)

Permit required for demolition of structures over 50 years old in the Corrales Road Commercial Area. No building or structure, any portion of which is over fifty (50) years old and which is located on land within the Corrales Road Commercial Area, as defined in Section 18-37(b), shall be demolished except in strict accordance with a permit issued under Section 18-45(d).

(l)

Variance for Historic Preservation. In order to preserve and protect historic buildings, the historic character and development patterns, and traditional building methods and materials, any person seeking renovation or reuse of a building fifty (50) years old or older or a structure made of adobe or terrón in the Corrales Road Historic Area may apply for a preservation incentive variance pursuant to Section 18-48(d).

History: Ord. No. 192, § 8-1-13, adopted 11-13-89; Ord. No. 284, adopted 10-10-95; Ord. No. 292, adopted 7-9-96, Ord. No. 344, § 18-37-5(a), adopted 2-12-02; Ord. No. 06-02, adopted 5-23-06; Ord. 06-15, adopted 9-26-06; Ord. No. 07-016, adopted 11-13-07; Ord. No. 09-005, adopted 5-19-09; Ord. No. 10-004, adopted 6-22-10; Ord. No. 12-003, adopted 2-14-12; Ord. No. 12-006, adopted 3-27-12; Ord. No. 17-009, §§ 2, 4, 5, adopted 8-8-17; Ord. No. 17-013, §§ 1—3, adopted 11-14-17; Ord. No. 21-06, adopted 8-17-21; Ord. No. 22-01, adopted 3-22-22.