The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A single-family dwelling district regulations. (Ord. 252, 12-5-1955)

A building or premises shall be used only for the following purposes:

Children's nurseries, play schools, nursery schools, or children's centers.

No children's nursery, play school, nursery school, or children's center shall be operated in the city, unless it is operated in compliance with the rules and regulations and standards for nurseries promulgated, adopted and approved by the New Mexico department of public health, and unless, prior to the operation thereof, said nursery, play school, nursery school or children's center has been approved by the New Mexico department of public health or its duly authorized agents.

Church or public building bulletin board not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire, or sale of a building or premises; provided, however, that there shall be no more than one such sign on any one lot.

Churches.

Golf courses, except miniature courses and driving tees operated for commercial purposes.

Home occupations.

Nurseries and truck gardening, but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.

Parks and playgrounds, city owned or operated.

Public schools, elementary and high, and educational institutions having a curriculum the same as ordinarily given in public schools.

Single-family dwellings of not less than eight hundred (800) square feet of floor space.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including a private garage. Any accessory building that is not a part of the main structure shall be located not less than sixty feet (60') from the front lot line. (Ord. 252, 12-7-1955; amd. Ord. 342, 11-4-1962)

   A.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   B.   Mobile Homes: No "mobile home or house trailer" as defined in section 12-2-1 of this title shall be placed or set, permanently or otherwise, in, or upon any area now or hereafter designated as an A single-family dwelling use district, by the zoning ordinances of the city. (Ord. 501, 7-2-1973)

No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, except as provided in chapter 7 of this title. (Ord. 252, 12-7-1955)

   A.   Front Yard:

      1.   There shall be a front yard having a depth of not less than twenty five feet (25'), unless forty percent (40%) or more of the frontage on one side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line having a variation in depth of not more than ten feet (10'), in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than thirty five feet (35').

      2.   Where lots have double frontage, the required front yard shall be provided on both streets. (Ord. 252, 12-7-1955)

   B.   Side Yard:

      1.   Except as provided in chapter 7 of this title, there shall be a side yard on each side of the front eighty feet (80') of the one-story portions of buildings having a width of not less than five feet (5'), and a side yard on each side of the front eighty feet (80') of the two-story portions of buildings, having a width of not less than seven and one-half feet (71/2').

      2.   The side yard on the front eighty feet (80') of the side street of a corner lot shall be not less than fifteen feet (15'). (Ord. 255, 5-22-1956)

   C.   Rear Yard: Except as provided in chapter 7 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. All walls hereafter constructed abutting on any alleyway shall contain a gate or entry suitable to provide access to the alley. (Ord. 887, 11-14-1994)

   D.   Intensity Of Use: Every lot shall have an area of not less than seven thousand (7,000) square feet per family, except that if a lot has less area than required and was a lot of record prior to the effective date of this title, such lot may be used for one single-family dwelling; provided, that all other district regulations are observed. (Ord. 252, 12-7-1955)

   A.   Parking Limitation: It shall be unlawful for any person to place or park, or allow to be placed or parked, any mobile home or house trailer exceeding twenty five feet (25') in length in, or upon any area now, or hereafter designated as an A single- family dwelling district or B multiple dwelling district, by the zoning ordinances of the city.

   B.   Authority To Tow Away; Fees: The police department and all members thereof are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any mobile home or house trailer illegally parked or placed as provided in this title. Mobile homes or house trailers so towed away shall be stored in a safe place and shall be restored to the owner thereof upon payment of a fee of ten dollars ($10.00) plus actual costs of towing within twenty four (24) hours after the time such vehicle was removed, plus five dollars ($5.00) for each additional day or fraction thereof.

   C.   Penalty: Any person violating the provisions of this section shall, upon conviction, be punished as provided by section 1-4-1 of this code, and each day's violation of this section shall be a separate and continuing offense. (Ord. 471, 1-3-1972)

Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:

   A.   The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.

   B.   The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.

   C.   The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.

   D.   The additional unit shall not have a house number separate from the existing single-family dwelling.

   E.   The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.

   F.   The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing a special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.

   G.   The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use. (Ord. 1080, 11-10-2003)

There is hereby established an A-1 single-family dwelling district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A-1 single-family dwelling district regulations designed to provide a fully protected residential area comprising all of blocks AA, A, B, C, D, E, F, G, and H, western village addition to the city. (Ord. 1122, 10-4-2005)

No lot shall be used except for residential purposes. (Ord. 1122, 10-4-2005)

   A.   Restrictions:

      1.   No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half (21/2) stories in height and a private garage or carport for no more than three (3) cars.

      2.   No store, office, or other place of business of any kind and no hospital, sanatorium, or other place for the care or treatment of the sick or disabled, physically or mentally, or any theater, saloon or other place of entertainment, or any church shall ever be erected or permitted upon any of the lots or any part thereof and no house or lot shall ever be used for a business involving inventory.

      3.   There shall be no trailer houses or houses built around or incorporating trailer homes. All camper trailers, campers or boats shall be stored behind the dwelling house, within the garage, or by the side of a house, if hidden from street view by a fence or shrubs. No trailer or camper shall be lived in while parked on the property.

      4.   There shall be no unused automobiles, machinery or equipment allowed on these premises outside of enclosed garages.

      5.   All driveways or parking areas used for parking vehicles shall be constructed of concrete or asphaltic paving. (Ord. 429, 5-6-1968)

   B.   Park And Civic Areas: (Rep. by Ord. 1122, 10-4-2005)

   C.   Home Occupations: Any occupation or profession carried on by a member of a family residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided, that no commodity is sold upon the premises except that which is prepared upon the premises; provided, that no person is employed other than a member of the immediate family residing on the premises; provided, that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes.

   D.   Accessory Buildings And Uses: Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business. Any accessory building which is not a part of the main structure shall not be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. See section 12-4B-4 of this article.

   E.   Temporary Buildings: Temporary buildings for uses incidental to construction shall be removed immediately upon completion of construction work.

   F.   Signs: No sign of any kind shall be displayed to the public view on any lot except one professional sign as described under subsection C of this section; one sign of not more than five (5) square feet in area advertising the property for sale or rent, or sign used by a builder to advertise property during construction period only.

   G.   Oil Drilling: No oil drilling, oil development operations, oil refinery, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

   H.   Animals 1 : No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that the usual household domestic animals shall be allowed; namely dogs, cats, or other household pets; provided, that they are not kept, bred or maintained for any commercial purpose, or in excessive numbers.

   I.   Garbage: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and must meet the standards and restrictions of the city.

   J.   Water Supply: No individual water supply system shall be permitted on any lot unless such system is located, constructed, equipped and maintained in accordance with the requirements, standards and recommendations of state and local public health authority. Approval of such system as installed shall be obtained from such authority.

   K.   Sewage Disposal: No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such system as installed shall be obtained from such authority. (Ord. 429, 5-6-1968)

   L.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   A.   New Construction: All structures on said lots shall be of new construction and no buildings shall be removed from any other location onto any of said lots.

   B.   Requirements And Restrictions:

      1.   No dwelling house shall be erected which contains less than one thousand two hundred (1,200) square feet of finished livable space, exclusive of attached garage, porches, patios and breezeways.

      2.   Two-story homes must have a minimum of one thousand (1,000) square feet of livable space at ground floor level.

      3.   Basements, whether used for storage, utility, or living purposes, are not to be included when computing livable space.

      4.   All structures must be in conformity with the edition of the uniform building code 1 , as published by the International Conference of Building Officials, adopted by the city.

      5.   Construction of houses must be completed within one year after commencement of first construction activity.

   C.   Height: No building shall exceed two (2) stories in height. (Ord. 429, 5-6-1968)

   A.   Building Location: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than twenty feet (20') to the front lot line, or nearer than fifteen feet (15') to any side street line. No building shall be located nearer than five feet (5') to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located forty feet (40') or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than ten feet (10') to the rear lot line, or eighteen feet (18') from the centerline of the alley, whichever is the greater dimension. For the purposes of these restrictions, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

   B.   Lot Area And Width: No dwelling shall be erected or placed on any lot having a width of less than ninety three feet (93') at the minimum building setback line, nor shall any dwelling be erected or placed on any lot having an area of less than nine thousand three hundred (9,300) square feet.

   C.   Sight Distance At Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two feet (2') and six feet (6') above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty six feet (26') from the intersection of a street line, or in case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

   D.   Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat over the rear five feet (5') of each lot in addition to the alley easements. (Ord. 429, 5-6-1968)

Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:

   A.   The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.

   B.   The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.

   C.   The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.

   D.   The additional unit shall not have a house number separate from the existing single-family dwelling.

   E.   The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.

   F.   The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing the special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.

   G.   The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use. (Ord. 1080, 11-10-2003)

There is hereby established an A-3 single-family dwelling district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A-3 single-family dwelling district regulations. (Ord. 620, 10-9-1978)

A building or premises shall be used only for the following purposes:

Church or public building signs not exceeding ten (10) square feet in area, and other temporary signs not exceeding six (6) square feet in area which shall pertain only to the lease, rent or sale of the premises or building thereon. There shall be no more than one such sign on any one building site.

Churches.

Parks owned by the city.

Public schools.

Single-family dwellings.

Accessory buildings and uses incident to the above uses, not involving the operation of a business or enterprise. Any such building that is detached from the main structure on the premises shall be at least sixty feet (60') from the front lot line. (Ord. 620, 10-9-1978)

   A.   Mobile Homes: No "mobile home or house trailer" as defined in section 12-2-1 of this title in excess of thirty two feet (32') in length shall be placed or stored, permanently or otherwise, in or upon any area or building site within this dwelling district. (Ord. 620, 10-9-1978)

   B.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   C.   Storage Of Trailers, Mobile Homes: All trailers of any nature, and mobile homes less than thirty two feet (32') in length, shall be stored behind the main structure on the premises or along the side of the structure so long as there is a fence enclosing same from adjoining lots.

   D.   Livestock Hauling Vehicles, Storage: No trailer or other vehicle used for hauling livestock of any nature may be stored or parked on the premises.

   E.   Campers Or Trailers: No campers or trailers may be inhabited while stored on the premises.

   F.   Unused Vehicles, Parts: No unused motor vehicles, salvage parts, material, machinery or equipment shall be stored or placed on the premises except in an enclosed garage.

   G.   Animals 1 : No animals, livestock or poultry of any kind shall be raised, bred or sheltered on any building site except for the usual household pets and so long as they are not kept for commercial purposes.

   H.   Home Occupations: Any occupation or profession of a member of a family residing on the premises may be maintained so long as there is no marking other than a nonilluminated sign less than one square foot in area used for identification and that only commodities made or assembled on the premises by members of the family actually living on the premises are sold or exchanged. No equipment may be used or installed on the premises except that which is normally used for household or hobby purposes. (Ord. 620, 10-9-1978)

No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height from ground level. (Ord. 620, 10-9-1978)

   A.   Building Sites:

      1.   Every building site shall have an area of not less than nine thousand (9,000) square feet per residence except that if a building site has less area than prescribed herein and had an existing residential use at the effective date of this article, such lot may be continued to be used for that existing residential use only. If the dwelling comprising that existing use is voluntarily razed, destroyed or otherwise moved from the premises, any replacement residential dwelling must comply with the floor space requirements for dwellings hereinafter set forth. If any dwelling existing at the effective date of this article is voluntarily razed, destroyed or otherwise moved from the premises, any such replacement dwelling may be constructed on the building site regardless of whether the building site contains less than nine thousand (9,000) square feet of area.

      2.   Every building site shall have a width of not less than seventy feet (70') at the minimum building setback line which shall be twenty five feet (25').

   B.   New Construction; Enclosure; Frontage: All structures in said district shall be of new construction and no buildings, including double wide mobile homes intended for permanent installation or prefabricated buildings, shall be moved from any other location onto any building site in the district.

      1.   All residential dwellings shall be enclosed by walls of substantial construction with side walls being not less than two and one-half feet (21/2') high and rear walls not less than four feet (4') high. Substantial construction will be considered to be: brick, block, masonry, cedar or redwood fencing material 1 .

      2.   Where building sites have double frontage, the required front yard shall be provided on both streets.

   C.   Livable Space: No dwelling house shall be constructed which contains less than one thousand two hundred (1,200) square feet of finished livable space, exclusive of attached garages, porches, patios and breezeways. Two-story dwelling houses shall have a minimum of one thousand (1,000) square feet of finished livable space on the ground floor level. Basements, whether used for storage, utility or living purposes, are not to be included when determining livable space.

   D.   Churches And Schools: No church or public school shall be constructed which contains less than two thousand (2,000) square feet of finished usable space, exclusive of unattached accessory buildings.

   E.   Front Yard:

      1.   There shall be a front yard having a depth of not less than twenty five feet (25').

   F.   Side Yard:

      1.   Except as provided in chapter 7 of this title, there shall be a side yard on each side of the one-story portions of buildings having a width of not less than five feet (5'), and a side yard on each side of the two-story portions of buildings having a width of not less than seven and one-half feet (71/2').

      2.   The side yard on the side street of a corner lot shall be not less than fifteen feet (15'). (Ord. 620, 10-9-1978)

   G.   Rear Yard: Except as provided in chapter 7 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. All walls hereafter constructed abutting on any alleyway shall contain a gate or entry suitable to provide access to the alley. (Ord. 887, 11-14-1994)

Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:

   A.   The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.

   B.   The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.

   C.   The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.

   D.   The additional unit shall not have a house number separate from the existing single-family dwelling.

   E.   The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.

   F.   The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing a special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.

   G.   The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use. (Ord. 1080, 11-10-2003)

There is hereby established an A-4 single-family dwelling district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A-4 single-family dwelling district regulations. (Ord. 661, 10-13-1980)

A building or premises shall be used only for the following purposes:

Church or public building signs not exceeding ten (10) square feet in area, and other temporary signs not exceeding six (6) square feet in area which shall pertain only to the lease, rent or sale of the premises or building thereon. There shall be no more than one such sign on any one building site.

Churches.

Parks owned by the city.

Public schools.

Single-family dwellings.

Accessory buildings and uses incident to the above uses, not involving the operation of a business or enterprise. Any such building that is detached from the main structure on the premises shall be at least sixty feet (60') from the front lot line. (Ord. 661, 10-13-1980)

   A.   Mobile Homes: No "mobile home or house trailer" as defined in section 12-2-1 of this title in excess of thirty two feet (32') in length shall be placed or stored, permanently or otherwise, in or upon any area or building site within this dwelling district. (Ord. 661, 10-13-1980)

   B.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   C.   Trailers And Mobile Homes, Storage: All trailers of any nature, and mobile homes less than thirty two feet (32') in length, shall be stored behind the main structure on the premises or along the side of the structure so long as there is a fence enclosing same from adjoining lots.

   D.   Livestock Hauling Vehicles, Storage: No trailer or other vehicle used for hauling livestock of any nature may be stored or parked on the premises.

   E.   Campers Or Trailers: No campers or trailers may be inhabited while stored on the premises.

   F.   Unused Motor Vehicles, Parts: No unused motor vehicles, salvage parts, material, machinery or equipment shall be stored or placed on the premises except in an enclosed garage.

   G.   Animals 1 : No animals, livestock or poultry of any kind shall be raised, bred or sheltered on any building site except for the usual household pets and so long as they are not kept for commercial purposes.

   H.   Home Occupations: Any occupation or profession of a member of a family residing on the premises may be maintained so long as there is no marking other than a nonilluminated sign less than one square foot in area used for identification and that only commodities made or assembled on the premises by members of the family actually living on the premises are sold or exchanged. No equipment may be used or installed on the premises except that which is normally used for household or hobby purposes. (Ord. 661, 10-13-1980)

No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height from ground level. (Ord. 661, 10-13-1980)

   A.   Area Of Site:

      1.   Every building site shall have an area of not less than seven thousand one hundred (7,100) square feet per residence except that if a building site has less area than prescribed herein and had an existing residential use at the effective date of this article, such lot may be continued to be used for that existing residential use only. If the dwelling comprising that existing use is voluntarily razed, destroyed or otherwise moved from the premises, any replacement residential dwelling must comply with the floor space requirements for dwellings hereinafter set forth. If any dwelling existing at the effective date of this article is involuntarily razed, destroyed or otherwise moved from the premises, any such replacement dwelling may be constructed on the building site regardless of whether the building site contains less than seven thousand one hundred (7,100) square feet of area.

      2.   Every building site shall have a width of not less than fifty feet (50') at the minimum building setback line which shall be twenty five feet (25').

   B.   New Construction; Enclosure; Frontage: All structures in said district shall be of new construction and no buildings, including double wide mobile homes intended for permanent installation, shall be moved from any other location onto any building site in the district.

      1.   All residential dwellings shall be enclosed by walls of substantial construction with side walls being not less than two and one-half feet (21/2') high and rear walls not less than four feet (4') high. Substantial construction will be considered to be: brick, block, masonry, cedar or redwood fencing material.

      2.   Where building sites have double frontage, the required front yard shall be provided on both streets.

   C.   Livable Space: No dwelling house shall be constructed which contains less than one thousand two hundred (1,200) square feet of finished livable space, exclusive of attached garages, porches, patios and breezeways. Two-story dwelling houses shall have a minimum of one thousand (1,000) square feet of finished livable space on the ground floor level. Basements, whether used for storage, utility or living purposes, are not to be included when determining livable space.

   D.   Churches And Schools: No church or public school shall be constructed which contains less than two thousand (2,000) square feet of finished usable space exclusive of unattached accessory buildings.

   E.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25').

   F.   Side Yard:

      1.   Except as provided in chapter 7 of this title, there shall be a side yard on each side of the one-story portions of buildings having a width of not less than five feet (5'), and a side yard on each side of the two-story portions of buildings, having a width of not less than seven and one-half feet (71/2').

      2.   The side yard on the side street of a corner lot shall be not less than fifteen feet (15'). (Ord. 661, 10-13-1980)

   G.   Rear Yard: Except as provided in chapter 7 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. All walls hereafter constructed abutting on any alleyway shall contain a gate or entry suitable to provide access to the alley. (Ord. 887, 11-14-1994)

Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:

   A.   The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.

   B.   The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.

   C.   The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.

   D.   The additional unit shall not have a house number separate from the existing single-family dwelling.

   E.   The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.

   F.   The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing a special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.

   G.   The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use. (Ord. 1080, 11-10-2003)

There is hereby established an A-5 use district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A-5 use district regulations. (Ord. 708, 10-11-1982)

This zone permits low density and uses incidental thereto, including agriculture, provided:

   A.   Land use is in complete compliance with subdivision regulations of the city 1 .

   B.   All lots zoned for agriculture-residential shall have not less than two (2) acres net and shall be limited to one single-family dwelling. (Ord. 708, 10-11-1982)

A building or premises shall be used only for the following purposes:

Children's nurseries, play schools, nursery school, or children's centers.

No children's nursery, play school, nursery school, or children's center shall be operated in the city, unless it is operated in compliance with the rules and regulations and standards for nurseries promulgated, adopted and approved by the New Mexico department of public health, and unless, prior to the operation thereof, said nursery, play school, nursery school or children's center has been approved by the New Mexico department of public health or its duly authorized agents.

Church or public building bulletin board not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire, or sale of a building or premises; provided, however, that there shall be no more than one such sign on any one lot.

Churches.

Commercial agricultural activity, and incidental structures, provided the lot has an area of at least two (2) acres net.

Fowl. It shall be unlawful for any person to maintain at his residence or place of business chickens, geese, turkeys, guineas or other like fowl in excess of twenty five (25) in number, or to slaughter any fowl for the purpose of sale.

Golf courses, except miniature courses and driving tees operated for commercial purposes.

Home occupations.

Livestock. It shall be unlawful for any person to keep, house, maintain, pasture or breed a horse, mule, colt, ass, bull, ox, cow, calf, hog, pig, sheep, cattle or other livestock (hereinafter referred to as "livestock") of any kind within the city limits, except in areas zoned A-5, and as provided herein:

   A.   Number Of Animals: Cattle, horses, goats and sheep may be maintained in the city limits only if the premises on which they are maintained consist of at least two (2) acres of land, except that lambs and Vietnamese potbellied or mini-pigs may be kept within the city limits pursuant to subsection 6-2-13 of this code. No more than two (2) head of cattle, horses, goats or adult sheep may be maintained on such two (2) acre parcel. An additional two (2) head may be kept at the ratio of two (2) head per additional acre of open land area, with a total not to exceed ten (10) head per parcel or contiguous parcels owned by the same owner. Two (2) head of livestock under the age of four (4) months shall be counted as one grown animal, but only where proof of the age of each animal can be shown.

   B.   Setback Requirement: No livestock shall be kept, housed, maintained or pastured within two hundred feet (200') of a neighboring residence not owned by the owner of the livestock. In the event such a residence is constructed or placed within two hundred feet (200') of a place where livestock has previously been continuously housed, maintained or pastured for a substantial period of time, the setback requirement shall not apply unless:

      1.   The title to the premises where the livestock is housed, maintained or pastured is transferred to another owner; or

      2.   The maintenance, housing or pasturing of livestock on the premises is discontinued.

   C.   Sanitary Conditions: Livestock shall be kept in a sanitary and healthful manner for the protection of the animals, persons living on the premises and neighbors. The provisions of section 6-2-14 of this code shall apply to animals kept in the city limits pursuant to this zoning use regulation.

   D.   Nuisance: No person shall allow livestock to constitute a nuisance.

   E.   Feed Storage: All feed for animals kept pursuant to this zoning use regulation shall be stored out of public view and protected from the elements and shall be kept free of rodents and pests.

   F.   Fencing: Animals kept pursuant to this zoning use regulation shall be confined to the owner's property by a fence or wall which complies with city ordinances and with the setback requirements herein.

   G.   Boarding And Commercial Enterprises: Livestock shall not be boarded or be kept for any commercial purpose, unless otherwise provided by city zoning ordinances.

Nurseries and truck gardening, but not the raising of poultry, pets or livestock, for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.

Parks and playgrounds, city owned or operated.

Public schools, elementary and high, and educational institutions having a curriculum the same as ordinarily given in public schools.

Single-family dwelling of not less than eight hundred (800) square feet of floor space.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including a private garage. Any accessory building that is not a part of the main structure shall be located not less than sixty feet (60') from the front lot line. (Ord. 708, 10-11-1982; amd. Ord. 981, 11-9-1998)

Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:

   A.   The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.

   B.   The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.

   C.   The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.

   D.   The additional unit shall not have a house number separate from the existing single-family dwelling.

   E.   The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.

   F.   The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing a special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.

   G.   The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use.

Agricultural nursery.

Agricultural products, stands and incidental signs for display or sale of agricultural products is permitted provided the number of stands is limited to one per lot, and provided the size of the stand does not exceed four hundred (400) square feet of floor area.

Animals.

   A.   Animals not included in section 12-4E-3 of this article shall be considered conditional uses. Approval for any conditional use must be obtained through application to the city planning and zoning commission.

   B.   Raising of swine for shows, fairs, exhibits, and similar displays, shall be permitted provided the number of swine does not exceed the number of swine called for in the market or breeding classes or any area fair or the New Mexico state fair. All swine must be disposed of and removed from the premises within thirty (30) days after such shows, fairs, or exhibits have closed.

Veterinary hospital. (Ord. 1080, 11-10-2003)

   A.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25').

   B.   Side Yard: There shall be a side yard on each side of the buildings of not less than fifteen feet (15').

   C.   Rear Yard: There shall be a rear yard having a depth of not less than thirty feet (30').

   D.   Open Space: Eight thousand (8,000) or more square feet of open space per dwelling unit shall be preserved. (Ord. 708, 10-11-1982)

   E.   Parking: See subsection 7-2-3F of this code. No off street parking shall be allowed. (Ord. 1068, 10-14-2002)

   F.   Other:

      1.   Swimming Pools: Swimming pool locations will comply with the national electrical safety and local electric utility safety codes, and other applicable codes.

      2.   Electronic Towers:

         a.   Any plans for electronic towers must comply with the existing wind energy conversion system (WECS) ordinance 1 .

         b.   Any permit to install an electronic tower must be obtained from the city engineer.

         c.   The maximum height of the tower shall not exceed sixty five feet (65').

         d.   The setback for any electronic tower shall be the height of the tower from any property line.

      3.   Underground Utilities: The installation of underground utilities shall be optional. (Ord. 708, 10-11-1982)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the B multiple dwelling district regulations. (Ord. 252, 12-7-1955)

A building or premises shall be used only for the following purposes:

Any use permitted in the A single-family dwelling district.

Boarding and lodging houses.

Hospitals and clinics, but not animal hospitals, animal clinics or mental hospitals.

Multiple dwelling, containing a floor space of not less than three hundred (300) square feet per family.

Nonprofit religious, educational, and philanthropic institutions, but not penal or mental treatment institutions.

Private clubs and lodges, excepting those the chief activity of which is customarily carried on as a business.

Professional offices, or studios of doctors, dentists, artists, musicians, lawyers, authors and beauticians. Also, printing or publishing houses, provided there are no more than five (5) employees therein at any one time.

Retail outlets, small, with a showroom not to exceed three hundred (300) square feet, with no more than three (3) employees, business hours eight o'clock (8:00) A.M. to five o'clock (5:00) P.M., operating Monday through Friday.

Two-family dwelling, containing a floor space of not less than six hundred (600) square feet per family.

Accessory buildings and uses customarily incident to the above uses not involving the conduct of a business, including a private garage. Any accessory building that is not a part of the main structure shall be located not less than sixty feet (60') from the front lot line. (Ord. 252, 12-7-1955; amd. Ord. 811, 5-14-1990; Ord. 893, 12-12-1994)

   A.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   B.   Mobile Homes: No "mobile home or house trailer" as defined in section 12-2-1 of this title shall be placed or set, permanently or otherwise, in, or upon any area now or hereafter designated as a B multiple dwelling district, by the zoning ordinances of the city. (Ord. 501, 7-2-1973)

Whenever a structure is erected, converted or structurally altered for multiple dwelling or two-family dwelling purposes, one parking space shall be provided on the lot for each dwelling unit in the structure. (Ord. 252, 12-7-1955)

The height regulations are the same as those in the A single- family dwelling district. (Ord. 252, 12-7-1955)

   A.   Yards: The yard regulations shall be the same as in the A single-family dwelling district.

   B.   Interior Courts: All interior courts shall have a width equal to at least the height of the highest part of the building forming the court.

   C.   Intensity Of Use: Every lot shall contain an area of not less than two thousand five hundred (2,500) square feet per family. (Ord. 252, 12-7-1955)

   A.   Parking Restricted: It shall be unlawful for any person to place or park, or allow to be placed or parked, any mobile home or house trailer exceeding twenty five feet (25') in length in, or upon any area now, or hereafter designated as an A single-family dwelling district or a B multiple dwelling district, by the zoning ordinances of the city.

   B.   Towing Away; Fees: The police department and all members thereof are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any mobile home or house trailer illegally parked or placed as provided in this article. Mobile homes or house trailers so towed away shall be stored in a safe place and shall be restored to the owner thereof upon payment of a fee of ten dollars ($10.00) plus actual costs of towing within twenty four (24) hours after the time such vehicle was removed, plus five dollars ($5.00) for each additional day or fraction thereof.

   C.   Penalty: Any person violating the provisions of this section shall, upon conviction, be punished as provided by section 1-4-1 of this code, and each day's violation of this section shall be a separate and continuing offense. (Ord. 471, 1-3-1972)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the B-1 dwelling district regulations. (Ord. 276, 5-5-1958)

A building or premises shall be used only for the following purposes:

Any use permitted in the B multiple dwelling district.

House trailers containing a floor space of not less than five hundred (500) square feet and properly connected to utilities.

Mobile home parks, pursuant to chapter 15 of this title. (Ord. 276, 5-5-1958; amd. Ord. 505, 11-12-1973; 2001 Code)

See subsections 7-2-3E and F of this code. Parking regulations shall be the same as in the B multiple dwelling district. (Ord. 1068, 10-14-2002)

The height regulations are the same as in the B multiple dwelling district. (Ord. 276, 5-5-1958)

   A.   Yards: The yard regulations shall be the same as in the B multiple dwelling district.

   B.   Intensity Of Use: Every lot upon which a house trailer is placed shall contain an area of not less than three thousand five hundred (3,500) square feet per family. (Ord. 276, 5-5-1958)

   C.   Exception: In each case where the installation of a mobile home on approved lots of less than one hundred forty two feet (142') in depth and the depth prohibits compliance with the area regulations, the rear yard requirements may be waived, provided said lot abuts the alleyway. (Ord. 909, 7-10-1995)

There is hereby established a B-2 use district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the B-2 use district regulations. (Ord. 705, 9-13-1982)

A B-2 use district shall be defined as any single-family dwelling unit designed to be sold and held in fee simple as a unit, but forming one of a group or series to two (2) or more additional buildings separated by one another by common property lines but limited to a maximum of eight (8) additional units in one group but no more than sixteen (16) units in one city block having ninety thousand (90,000) square feet. (Ord. 705, 9-13-1982)

No B-2 use district as herein defined shall be established within the city limits until there is submitted to the city planning and zoning commission and approved by the city council, copies of the articles of incorporation and bylaws of a homeowners' association proposing the establishment of such district, together with all restrictive covenants, a proposed plan showing the building locations, a drainage plan, and such other data as may be required by the planning and zoning commission to ensure compliance with this article. (Ord. 705, 9-13-1982)

A building or premises shall be used only for the following purposes:

Children's nurseries, play schools, nursery school, or children's centers.

No children's nursery, play school, nursery school, or children's center shall be operated in the city, unless it is operated in compliance with the rules and regulations and standards for nurseries promulgated, adopted and approved by the New Mexico department of public health, and unless, prior to the operation thereof, said nursery, play school, nursery school or children's center has been approved by the New Mexico department of public health or its duly authorized agents.

Church or public building bulletin board not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire, or sale of a building or premises; provided, however, that there shall be no more than one such sign on any one lot.

Churches.

Golf courses, except miniature courses and driving tees operated for commercial purposes.

Home occupations.

Nurseries and truck gardening, but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.

Parks and playgrounds, city owned or operated.

Public schools, elementary and high, and educational institutions having a curriculum the same as ordinarily given in public schools.

Single-family dwellings of not less than eight hundred (800) square feet of floor space.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including a private garage. Any accessory building that is not a part of the main structure shall be located not less than sixty feet (60') from the front lot line. (Ord. 705, 9-13-1982)

   A.   Mobile Homes: No "mobile home or house trailer" as defined in section 12-2-1 of this title, and in excess of thirty two feet (32') in length shall be placed or stored, permanently or otherwise, in or upon any area or building site. (Ord. 705, 9-13-1982)

   B.   Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)

   C.   Storage Of Trailers And Motor Homes: All trailers and motor homes of any nature, and mobile homes less than thirty two feet (32') in length, shall be stored in a common area provided by developer and so designated by developer.

   D.   Livestock Hauling Vehicles, Storage: No trailer or other vehicle used for hauling livestock of any nature may be stored or parked on the premises.

   E.   Campers Or Trailers: No campers or trailers may be inhabited while stored on the premises.

   F.   Motor Vehicles, Parts: No unused motor vehicles, salvage parts, material, machinery or equipment shall be stored or placed on the premises except in an enclosed garage.

   G.   Animals 1 : No animals, livestock or poultry of any kind shall be raised, bred or sheltered on any building site except for the usual household pets and so long as they are not kept for commercial purposes. (Ord. 705, 9-13-1982)

No building shall exceed twenty six feet (26') in height from finished ground level. (Ord. 705, 9-13-1982)

Every dwelling unit site shall have a lot area of not less than two thousand three hundred (2,300) square feet.

   A.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25').

   B.   Side Yard: There shall be a side yard on each side of the buildings of not less than fifteen feet (15').

   C.   Rear Yard: There shall be a rear yard having a depth of not less than thirty feet (30'). (Ord. 705, 9-13-1982)

   D.   Parking: See subsections 7-2-3E and F of this code. No more than seventy percent (70%) of the required front yard area shall be used for off street parking. (Ord. 705, 9-13-1982; amd. Ord. 1068, 10-14-2002)

   E.   Landscaping:

      1.   A minimum of not less than fifteen percent (15%) of the required front yard shall be used for landscaping.

      2.   Native landscaping is permissible and will be encouraged.

   F.   Usable Open Space:

      1.   Usable open space shall be provided on site with a minimum of seven hundred fifty (750) square feet per unit.

      2.   Any variance must be approved by the association establishing the B-2 use district pursuant to this article.

   G.   Other:

      1.   Swimming Pools: Swimming pool locations will comply with the national electrical safety and local electric utility safety codes, and other applicable codes.

      2.   Solar Rights: The height and width of the structure over twenty six feet (26') high shall fall within forty five degree (45°) angle planes drawn from the horizontal at the mean grade along each internal boundary of the premises and each adjacent public right-of-way center line, or drainage right-of-way center line. To protect solar access, a structure over twenty six feet (26') high may not exceed the northern boundary of these forty five degree (45°) planes, but may be sited in any other direction within planes drawn at a sixty degree (60°) angle from the same boundaries of center line.

      3.   Electronic Towers: Any plans for electronic towers must be approved by the association establishing the B-2 use district pursuant to this article and comply with the existing wind energy conversion system (WESC) ordinance 1 .

      4.   Underground Utilities: All utilities will be installed underground.

      5.   Yard Or Garage Sale: No more than one per unit in a twelve (12) month period. Any single sale shall not exceed three (3) consecutive days. (Ord. 705, 9-13-1982)

There is hereby established a B-3 use district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the B-3 use district regulations. (Ord. 706, 9-13-1982)

A B-3 use district shall be defined as a residential/commercial development, in which each unit is owned individually, whether the unit includes air space, walls, floors or any combination thereof, and in which other areas and facilities within the development are owned and maintained jointly by a group, association or corporate entity, but the title to the real estate beneath each unit shall be owned in common by the group, association or corporate entity. (Ord. 706, 9-13-1982)

A building or premises shall be used only for the following purposes:

Children's nurseries, play schools, nursery school, or children's centers.

No children's nursery, play school, nursery school, or children's center shall be operated in the city, unless it is operated in compliance with the rules and regulations and standards for nurseries promulgated, adopted and approved by the New Mexico department of public health, and unless, prior to the operation thereof, said nursery, play school, nursery school or children's center has been approved by the New Mexico department of public health or its duly authorized agents.

Church or public building bulletin board not exceeding ten (10) square feet in area, and temporary signs not exceeding six (6) square feet in area appertaining to the lease, hire, or sale of a building or premises; provided, however, that there shall be no more than one such sign on any one lot.

Churches.

Golf courses, except miniature courses and driving tees, operated for commercial purposes.

Home occupations.

Nurseries and truck gardening, but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.

Parks and playgrounds, city owned or operated.

Public schools, elementary and high, and educational institutions having a curriculum the same as ordinarily given in public schools.

Single-family dwellings of not less than eight hundred (800) square feet of floor space.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business, including a private garage. Any accessory building that is not a part of the main structure shall be located not less than sixty feet (60') from the front lot line. (Ord. 706, 9-13-1982)

Uses incidental to an apartment such as daycare center, news, cigar, or candy stand, delicatessen, personal-service shop, and the like, are permitted with an apartment development, provided:

   A.   The use is intended for the private use of residents of premises on which the incidental use is located.

   B.   At least one hundred (100) dwelling units are on the same premises.

   C.   The total floor area for all shops in the development is limited to a maximum of two percent (2%) of the gross floor area of the condominiums.

   D.   The use is not directly accessible to the general public or directly accessible from public right of way.

   E.   A sign or window display relating to the use is not discernible from a public right of way.

   F.   Clubhouse, provided it has no liquor license. (Ord. 706, 9-13-1982)

No building shall exceed twenty six feet (26') in height from finished ground level. (Ord. 706, 9-13-1982)

Every dwelling unit site shall have a maximum of twenty four (24) dwelling units per ninety thousand (90,000) square feet. The maximum common area will be no less than thirty percent (30%) of the total complex area. These common areas shall include any staircases or public walkways.

   A.   Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25').

   B.   Side Yard: There shall be a side yard on each side of the buildings of not less than fifteen feet (15').

   C.   Rear Yard: There shall be a rear yard having a depth of not less than thirty feet (30'). (Ord. 706, 9-13-1982)

   D.   Parking: See subsections 7-2-3E and F of this code. No more than seventy percent (70%) of the required front yard area shall be used for off street parking. (Ord. 1068, 10-14-2002)

   E.   Open Space:

      1.   Minimum usable open space shall be provided on site in an amount equal to two hundred (200) square feet for each efficiency or one bedroom dwelling unit, two hundred fifty (250) square feet for each two (2) bedroom dwelling unit, and three hundred (300) square feet for each dwelling unit containing three (3) or more bedrooms.

      2.   Where an aggregate of two (2) or more dwelling units is constructed on any given lot, the development shall include landscaping of the ground level usable open space, planted and maintained according to a landscaping plan approved by any group, association, or corporate entity owning the facility.

   F.   Other:

      1.   Swimming Pools: Swimming pool locations will comply with the national electrical safety and local electric utility safety codes, and other applicable codes.

      2.   Solar Rights: The height and width of the structure over twenty six feet (26') high shall fall within forty five degree (45°) angle planes drawn from the horizontal at the mean grade along each internal boundary of the premises and each adjacent public right of way centerline, or drainage right of way centerline. To protect solar access, a structure over twenty six feet (26') high may not exceed the northern boundary of these forty five degree (45°) planes, but may be sited in any other direction within planes drawn at a sixty degree (60°) angle from the same boundaries of centerline.

      3.   Electronic Towers: Any plans for electronic towers must be approved by any group, association or corporate entity owning the facility, and comply with the existing wind energy conversion system (WECS) ordinance 1 .

      4.   Underground Utilities: All utilities will be installed underground. (Ord. 706, 9-13-1982)

The regulations set forth in this article, or set forth elsewhere in this title and referred to in this article, are the regulations in the C commercial district. (Ord. 252, 12-7-1955)

   A.   Permitted Uses: A building or premises shall be used only for the following purposes:

Any use permitted in the B multiple dwelling district except those uses prohibited by section 12-4J-6 of this article.

Amusement places or theaters; provided, however, that no theater shall be erected or reconstructed unless there is provided on the same lot, or within three hundred feet (300') thereof, a space for off street parking which contains an area adequate to accommodate one automobile for every four (4) seats in the theater.

Recreational vehicle parks, pursuant to chapter 15, article B of this title. (Ord. 1111, 6-13-2005)

   B.   Signs: Erection of signs shall be controlled under the sign code as adopted by the city 1 . (Ord. 891, 12-12-1994)

   C.   Industry Or Storage, Floor Area Limitation: Any building used primarily for any of the above enumerated purposes may have not more than forty percent (40%) of the floor area devoted to industry or storage purposes incidental to such primary use; provided, that no more than ten (10) employees shall be engaged at any time on the premises in any such incidental use. (Ord. 252, 12-7-1955)

   D.   Prohibited Uses: Subject to the provisions of section 12-4J-6 of this article and chapter 17 of this title, a building or premises may be used for any use except the following: (Ord. 999, 7-12-1999)

Acetylene gas manufacture or storage.

Acid manufacture.

Alcohol manufacture.

Ammonia, bleaching powder or chlorine manufacture.

Arsenal.

Asphalt manufacture or refining.

Auto wrecking.

Bag cleanings.

Bailer works.

Blast furnace.

Brick, tile, pottery or terra cotta manufacture, other than the manufacture of handcraft products only.

Cement, lime, gypsum, or plaster of Paris manufacture.

Central mining plant for cement mortar, plaster or paving materials.

Coke ovens.

Creosote manufacture or treatment.

Disinfectants manufacture.

Distillation of bones, coal or wood.

Dyestuff manufacture.

Explosives or fireworks manufacture or storage.

Fat rendering.

Fertilizer manufacture.

Forge plant.

Garbage, offal, or dead animal reduction or dumping.

Gas manufacture or storage.

Glue, size or gelatine manufacture.

Iron, steel, brass or copper foundry or fabrication plant.

Junk, iron or rags storage or baling.

Oilcloth or linoleum manufacture.

Oiled rubber goods manufacture.

Ore reduction.

Paint, oil, shellac, turpentine or varnish manufacture.

Paper and pulp manufacture.

Petroleum or its products, refining or wholesale storage of.

Planing mills.

Rock crusher.

Rolling mills.

Rubber or gutta-percha manufacture or treatment.

Shoe polish manufacture.

Smelting of tin, copper, zinc or iron ores.

Soap manufacture other than liquid soap.

Stockyard or slaughter of animals or fowls.

Stone mill or quarry.

Tallow, grease or lard manufacture or refining from, or of, animal fat.

Tanning, curing or storage of rawhides or skins.

Tar distillation or manufacture.

Tar roofing or waterproofing manufacture.

Vinegar manufacture.

Wool pulling or scouring.

Yeast plant.

And in general those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, vibration, or noise. (Ord. 252, 12-7-1955)

   E.   Special Uses: A use that would require higher or stricter level of review because of inherent special characteristics, possible impact on adjacent properties, or possible impact on the integrity of the particular zone which includes, but is not limited to:

Adult amusement establishment.

Adult book or video store.

Agricultural implements sales and service.

Auction houses and flea markets.

Automobile and small and large truck sales and service.

Distribution of medical cannabis.

Heavy equipment sales and service.

Kennels.

Mobile, modular and manufactured home and office sales and service.

Motorcycle sales and service.

Open storage for landscape materials, sand, gravel or fertilizer.

Recreational vehicle sales, service and repairs, including, but not limited to, campers, fifth wheel trailers, boats, and all-terrain vehicles.

Recycling centers.

Salvage yards.

Telecommunications, radio, transmission and power towers, utility substations, and plants.

Vehicle body shops.

Vehicle paint shops.

Vehicles for recreational use, sales and service, including, but not limited to, campers, fifth wheel trailers, boats, all-terrain vehicles.

Welding shops.

Wrecker service. (Ord. 1214, 5-9-2011)

   A.   Construction: Paved off street parking shall be constructed to standards approved by the public works director, or other authorized city official.

   B.   Number Of Spaces Required: The number of parking spaces within a paved area shall be determined by the total area of pavement divided by three hundred seventy five (375) square feet.

   C.   Apartments; Hotels: Whenever a structure is erected, converted, or structurally altered for occupancy as an apartment or for permanent or transient sleeping quarters as a hotel, motel, or boarding house, one paved off street parking space shall be provided for each dwelling unit or for each hotel, motel, or boarding house bedroom; said parking spaces to be provided within four hundred fifty feet (450') of such establishment.

   D.   Other Permitted Uses: The number of parking spaces required for other permitted uses shall not be less than one space per each five (5) persons, based on the building capacity or occupant load, as defined by the adopted city building code 1 , and as further specified hereinafter:

 

      1.   When a building contains or is designed to contain more than one occupancy, the number of parking spaces required shall be determined by the net area of each occupancy, excluding permanent partitions and walls.

      2.   When parking is provided by written agreement, the same parking spaces shall not be assigned to two (2) or more building occupancies of the same type of characteristics; however, parking spaces may be assigned to two (2) or more building occupancies of dissimilar types which have parking requirements at different times. (Ord. 540, 7-14-1975)

No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height except as otherwise provided in chapter 7 of this title. (Ord. 252, 12-7-1955)

   A.   Front Yard: Where all frontage on one side of a street between two (2) intersecting streets is located in the C commercial district, no front yard shall be required. Where the frontage on one side of the street between two (2) intersecting streets is located partly in the C commercial district and partly in a dwelling district, the front yard requirements of the dwelling district shall apply to the C commercial district.

   B.   Side Yard: The side yard regulations for dwellings are the same as those in the B multiple dwelling districts. In all other cases, a side yard is not required except:

      1.   On the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five feet (5'); provided, however, that if a side yard is provided where not required, it shall not be less than two and one- half feet (21/2') in width.

      2.   On the street side of a corner lot that rears upon a dwelling district, in which case there shall be a side yard of not less than five feet (5').

   C.   Rear Yard:

      1.   Where the lot abuts an alley, no rear yard shall be required for one-story buildings.

      2.   Where the lot abuts an alley, a rear yard of ten feet (10') shall be provided for the two-story parts of buildings.

      3.   Where the lot does not abut an alley, there shall be a rear yard having a depth of not less than twenty feet (20'), unless the lot is a lot of record at the time this title first became effective, and is less than one hundred feet (100') in depth, in which case the rear yard need not exceed twenty percent (20%) of the depth of the lot.

   D.   Interior Court: All interior courts shall have a width equal to at least the height of the highest part of the building forming the court.

   E.   Intensity Of Use: The intensity of use regulations shall apply to living facilities above stores or other commercial uses as well as to residential buildings, and every lot shall provide an area of not less than one thousand (1,000) square feet per family. (Ord. 252, 12-7-1955)

   A.   Prohibited Structures: The following structures are prohibited in a C commercial district:

      1.   Mobile or manufactured homes, as defined in New Mexico Statutes Annotated section 3-21A-2, whether for commercial, residential or other use.

      2.   Trailers or recreational vehicles of all classes, whether for commercial, residential or other use.

      3.   Any detached or freestanding residential structure. (Ord. 992, 3-8-1999)

      4.   (Rep. by Ord. 1080, 11-10-2003)

      5.   Single-family dwellings, whether mobile homes, manufactured homes or site built homes. The provisions of section 12-5-3 of the zoning ordinance notwithstanding, a legal nonconforming site built single-family dwelling that is damaged or destroyed, in part or in its entirety, by fire or some other casualty, may be reconstructed, in whole or in part, as necessary, provided the reconstructed building is no greater in floor area than the building that was damaged or destroyed, and provided that the building is constructed in the same location or in a location that may be approved by city council. (Ord. 992, 3-8-1999; amd. Ord. 1080, 11-10-2003)

   B.   Exceptions: This section does not apply to:

      1.   The construction of multiple-dwelling units, such as apartments or condominiums, where the dwelling units are the primary use of the property and each unit contains a floor space of not less than three hundred (300) square feet per family. (Ord. 992, 3-8-1999)

      2.   (Rep. by Ord. 1080, 11-10-2003)

      3.   The temporary use of a mobile or manufactured structure as an office for the construction site of a permanent building. Such use, however, shall be allowed only during such time as construction at the site is active and shall not in any event exceed one year. The requirements of subsection 12-14-3D and section 12-14-4 of this title and any other ordinances or regulations governing the placement of such a structure apply to such use.

      4.   Any property not conforming to this title as of March 8, 1999, or to property for which a variance has previously been granted, except that this section will apply to such use in the event the business on the property closes or the ownership of the property changes. (Ord. 992, 3-8-1999)

      5.   Trailers or recreational vehicles will be allowed to dry camp on site in the district for up to forty eight (48) hours per week for twenty four (24) hour retail operations provided sufficient automobile parking is always available to meet building code requirements. Property owners are prohibited from collecting any fees associated with dry camping.

      6.   Trailers or recreational vehicles will be allowed to dry camp in the district for Friday and Saturday nights only for permitted flea markets provided sufficient automobile parking is always available to meet building code requirements. Property owners are prohibited from collecting any fees associated with dry camping.

      7.   Permitted seasonal fireworks stands under section 5-4-4 of this code must be attended by the operator twenty four (24) hours a day during their permit period while inventory is on site for public safety concerns. Dry camped trailers, and recreational vehicles may be utilized to occupy the premises to provide the twenty four (24) hour security. (Ord. 1103, 12-13-2004)

      8.   One dwelling unit is permitted in any commercial use building either on the first or main floor, or on any upper floor, except that in any commercial use building located in a designated historic district more than one dwelling unit may be established on the upper floor(s), subject to the following conditions:

         a.   The dwelling unit, if located on the main or first floor, be located at the rear of the building and not the front of the building.

         b.   The floor area of any dwelling unit shall not be less than three hundred (300) square feet, and the total floor area of all dwelling units shall not be greater than thirty three percent (33%) of the total gross floor area of the commercial use building at the time of application for the conditional use permit.

         c.   No dwelling unit shall be established anywhere else on the commercial site other than in the principal commercial building. No accessory buildings, travel trailers, mobile home, manufactured homes, recreational vehicle or any other structure may be used as a dwelling unit. (Ord. 1214, 5-9-2011)

There is hereby established a C-1 neighborhood commercial district within the city limits. (Ord. 378, 11-2-1964)

The regulations set forth in this article, or set forth elsewhere in this title and referred to in this article, are the regulations in the C-1 neighborhood commercial district. (Ord. 378, 11-2-1964)

A building or premises shall be used only for the following purposes:

Any use permitted in the B multiple dwelling district.

Bakery goods or confectionery store wherein products are sold on premises and at retail.

Bank.

Barbershop, beauty shop, or other such personal service establishment.

Book or stationery store.

Clothing or shoe store, tailor or millinery shop.

Drugstore.

Dry goods store.

Florist or gift shop.

Furniture store.

Grocery or delicatessen store or meat market.

Hardware or home appliance store.

Jewelry store.

Laundry agency, but not dry cleaning establishments.

Photography studio.

Recreational vehicle parks, pursuant to chapter 15, article B of this title.

Recreational vehicle storage; provided, that no vehicle shall be used or occupied as a residence at any time, nor sold on the premises, nor attached to any utilities, and that no recreational vehicle stored shall exceed forty five feet (45') in length.

Restaurant, cafe. (Ord. 378, 11-2-1964; amd. Ord. 664, 12-8-1980; Ord. 715, 3-14-1983; Ord. 933, 10-14-1996; 2001 Code)

The parking regulations are the same as those in the C commercial district. (Ord. 378, 11-2-1964)

The height regulations are the same as those in the B multiple dwelling district. (Ord. 378, 11-2-1964)

The yard regulations shall be the same as the B multiple dwelling district. (Ord. 378, 11-2-1964)

The yard regulations shall be the same as in the B multiple dwelling district. (Ord. 378, 11-2-1964)

The intensity of use shall be the same as in the B multiple dwelling district. (Ord. 378, 11-2-1964)

No commercial use shall be allowed where more than three (3) employees are employed at any time on the premises. (Ord. 378, 11-2-1964)

No sign shall be allowed which shall exceed more than four (4) square feet in area, and any such sign shall be attached to a permanent building in said district. (Ord. 378, 11-2-1964)

In any commercial business there shall be no more than two (2) recreational game machines per establishment. (Ord. 378, 11-2-1964)

No neighborhood commercial establishment shall be open for business except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day. (Ord. 715, 3-14-1983)

One dwelling unit is permitted in any commercial use building either on the first or main floor, or on any upper floor, except that in any commercial use building located in a designated historic district more than one dwelling unit may be established on the upper floor(s), subject to the following conditions:

   A.   The dwelling unit, if located on the main or first floor, be located at the rear of the building and not the front of the building.

   B.   The floor area of any dwelling unit shall not be less than three hundred (300) square feet, and the total floor area of all dwelling units shall not be greater than thirty three percent (33%) of the total gross floor area of the commercial use building at the time of application for the conditional use permit.

   C.   No dwelling unit shall be established anywhere else on the commercial site other than in the principal commercial building. No accessory buildings, travel trailers, mobile home, manufactured homes, recreational vehicle, or any other structure may be used as a dwelling unit. (Ord. 1080, 11-10-2003)

   A.   Prohibited Structures: All structures prohibited by subsection 12-4J-6A of the zoning ordinance, as amended by ordinance 1080, are prohibited structures in any C-1 neighborhood commercial district.

   B.   Exceptions: The exceptions set out in subsection 12-4J-6B of the zoning ordinance, as amended by ordinance 1080, apply to the C-1 neighborhood commercial district. (Ord. 1080, 11-10-2003)

There is hereby established, pursuant to this title, a C-2 commercial district within the city limits. (Ord. 385, 5-3-1965)

The regulations set forth in this article, or set forth elsewhere in this title and referred to in this article, are the regulations in the C-2 commercial district. (Ord. 385, 5-3-1965)

Use regulations of buildings or premises shall be used only for the following purposes:

Any use permitted in the C commercial district or the C-1 neighborhood commercial district. (Ord. 385, 5-3-1965)

Parking regulations are the same as those in the C commercial district. (Ord. 385, 5-3-1965)

Height regulations shall be the same as those provided in the C commercial district. (Ord. 385, 5-3-1965)

Where all of the frontages provided for in this use district abut on Gold Street, also known as State Highway 11, south of Poplar Street, and north of Florida Street, a setback from said street shall be required of at least fifteen feet (15') from the right of way line of said street. All other area regulations shall be the same as those required in a C commercial district. (Ord. 385, 5-3-1965)

One dwelling unit is permitted in any commercial use building either on the first or main floor, or on any upper floor, except that in any commercial use building located in a designated historic district more than one dwelling unit may be established on the upper floor(s), subject to the following conditions:

   A.   The dwelling unit, if located on the main or first floor, be located at the rear of the building and not the front of the building.

   B.   The floor area of any dwelling unit shall not be less than three hundred (300) square feet, and the total floor area of all dwelling units shall not be greater than thirty three percent (33%) of the total gross floor area of the commercial use building at the time of application for the conditional use permit.

   C.   No dwelling unit shall be established anywhere else on the commercial site other than in the principal commercial building. No accessory buildings, travel trailers, mobile home, manufactured homes, recreational vehicle, or any other structure may be used as a dwelling unit. (Ord. 1080, 11-10-2003)

   A.   Prohibited Structures: All structures prohibited by subsection 12-4J-6A of the zoning ordinance, as amended by ordinance 1080, are prohibited structures in any C-2 commercial district.

   B.   Exceptions: The exceptions set out in subsection 12-4J-6B of the zoning ordinance, as amended by ordinance 1080, apply to the C-2 commercial district. (Ord. 1080, 11-10-2003)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the D industrial district regulations. (Ord. 252, 12-7-1955)

Any building or premises may be used for any purpose not in conflict with any provision of this code regulating nuisances; provided, however, that no building or occupancy permit shall be issued for any of the following uses until, and unless, the location of such use has been approved by the city council:

Acid manufacture.

Cement, lime, gypsum, or plaster of paris manufacture.

Distillation of bones.

Explosives manufacture or storage.

Fat rendering.

Fertilizer manufacture.

Garbage, offal, or dead animals, reduction or dumping.

Gas manufacture.

Glue manufacture.

Milling plants.

Petroleum, or its products, refining of.

Smelting of tin, copper, zinc, or iron ores.

Stockyards or slaughter of animals.

Wholesale storage of gasoline.

Any other uses which might be objectionable to, or adversely affect, nearby residential districts because of the emission of odor, dust, smoke, gas or noise. (Ord. 252, 12-7-1955)

Residential use not allowed in the industrial areas. Existing residential use is nonconforming permitted subject to the provision of chapter 5, "Nonconforming Uses", of this title. (Ord. 1197, 1-11-2010)

No building shall exceed three (3) stories or forty five feet (45') in height, except as otherwise provided in chapter 7 of this title and title 10, chapter 1 of this code. (Ord. 1197, 1-11-2010)

   A.   Front Yard: Where all the frontage on one side of a street between two (2) intersecting streets is located in the D industrial district, no front yard shall be required. Where the frontage on one side of the street between two (2) intersecting streets is located partly in the D industrial district and partly in a dwelling district, the front yard requirements of the dwelling district shall apply to the D industrial district.

   B.   Side Yard: The side yard regulations for dwellings are the same as in the B multiple dwelling district. In all other cases, a side yard is not required except:

      1.   On the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five feet (5'); and

      2.   On the street side of a corner lot rearing upon a dwelling district, in which case there shall be a side yard of not less than five feet (5').

   C.   Rear Yard: The rear yard regulations for dwellings are the same as those in the B multiple dwelling district. In all other cases, no rear yard is required except where the lot abuts on a dwelling district, in which case there shall be a rear yard of not less than twenty feet (20').

   D.   Intensity Of Use: The intensity of use regulations are the same as in the C commercial district. (Ord. 1197, 1-11-2010)

There is hereby created a T use district within the city limits. All buildings, trailers or premises located in the T use district within the city limits shall be only for the following purposes. (Ord. 364, 11-4-1963)

Any use permitted in the B multiple dwelling district or the B-1 dwelling district. (Ord. 364, 11-4-1963)

Trailer camps or courts housing only mobile trailers used or occupied as dwellings excepting necessary outbuildings for utilities and other purposes necessary for the trailer court; provided, however, that the trailer camps or courts comply with the following regulations:

   A.   Area: The area for each trailer house shall be at least one thousand two hundred fifty (1,250) square feet and at least twenty five feet (25') wide.

   B.   Floor Space: All house trailers located thereon shall contain a floor space of not less than two hundred fifty (250) square feet when properly connected with utilities.

   C.   Spacing: Side to side spacing between trailer houses shall be at least fifteen feet (15'), and back to back spacing shall be at least ten feet (10'). The distance between any trailer house and any building shall be at least fifteen feet (15'), and at least ten feet (10') from any property line of the trailer court. (Ord. 364, 11-4-1963)

   D.   Parking: See subsection 7-2-3F of this code. There shall be at least one automobile off street parking space for each trailer house or dwelling. (Ord. 1068, 10-14-2002)

   E.   Accessible Area: Any area accessible to motor vehicles shall be surfaced with gravel, oil, or other higher type paving.

   F.   Fence: A solid fence or wall six feet (6') high shall be maintained on any side of the site abutting, contiguous, or facing any other property in the A, B or B-1 zone.

   G.   Driveway Width: Any driveway shall be at least twenty feet (20') wide.

   H.   Driveway Lighting: Any driveway shall be lighted, and any lights shall be so arranged to reflect away from abutting property, street or alley.

   I.   Site Cleanliness: Any site shall be kept graded, drained and free of rubbish and litter.

   J.   Site Size: Any site shall contain at least one acre.

   K.   Water: Water shall be piped to all buildings containing plumbing fixtures and to trailer coach spaces.

   L.   Sewerage: A system of sanitary sewerage shall be provided in all trailer courts and all waste and soil lines discharging from buildings and trailer coaches shall be connected thereto.

   M.   Electric Power: Every trailer court shall be provided with electric power with outlets provided for each coach space. (Ord. 364, 11-4-1963)

There is hereby established a T-2 use district within the city. (Ord. 516, 7-1-1974)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the T-2 use district regulations. (Ord. 516, 7-1-1974)

A building or premises shall only be used for the following purposes:

Any use permitted in the A single-family dwelling use district.

Housing unit preconstructed in two (2) or more separate parts which, when assembled, shall constitute a single-family dwelling unit constructed initially for highway transportation for delivery to a building site, which, when assembled, shall be removed from wheels or a carrier onto a foundation as a permanent fixture, excluding piers or jacks, so as to comprise a single- family dwelling attached to basic utilities, the measurements of which unit when assembled excluding tow tongue, roof overhang, bay window, projecting storage compartments or screened porches or other attachments shall not be less than forty feet (40') in length nor less than twenty feet (20') in width and shall contain at least eight hundred (800) square feet in all of habitable space. (Ord. 516, 7-1-1974)

The height regulations are the same as those in the A single- family dwelling use district. (Ord. 516, 7-1-1974)

   A.   Yards: The yard regulations shall be the same as in the A single-family dwelling district.

   B.   Intensity Of Use: Every lot shall have an area of not less than seven thousand feet (7,000') per family. (Ord. 516, 7-1-1974)

   C.   Parking: See subsection 7-2-3F of this code. There shall be at least one automobile off street parking space for each trailer house or dwelling. (Ord. 1068, 10-14-2002)

There is hereby established a G government district within the city. (Ord. 1248, 5-12-2014)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the G government district regulations. (Ord. 1248, 5-12-2014)

Except as otherwise specified in this article a building or premises may be used for any purpose not in conflict with any provision of this title; specifically as follows:

   A.   Any government use, city, county, state or federal governments, or any government sponsored use that serves the general public is permitted as a matter of right.

   B.   Where a nongovernmental use is proposed in any government district and such nongovernmental use is subject to a lease arrangement or other agreement with the city or other government entity, such use shall not be permitted and no lease or other agreement ratified until such time as a public hearing is held by the city council to consider the establishment of such nongovernmental use. Such public hearing shall comply with the following provisions:

      1.   All property owners within two hundred feet (200') of the subject property shall be notified by regular first class mail of the date, time and location of such public hearing.

      2.   Notice of the public hearing shall be given a minimum of fifteen (15) days prior to the date set for the public hearing.

   C.   City council may approve the establishment of the nongovernmental use or it may deny the establishment of the proposed nongovernmental use. Where city council approves the establishment of the nongovernmental use it may impose any conditions it deems appropriate, including, but not limited to, setbacks from property lines, height restrictions, building coverage, number of parking spaces required, a security deposit to guarantee compliance with any conditions imposed, and lighting requirements. (Ord. 1248, 5-12-2014)

The Deming Airport lands and buildings are hereby exempted from compliance with any of the provisions of this article provided that any use proposed for the Deming Airport lands and buildings is related to the aviation industry. (Ord. 1248, 5-12-2014)

All uses listed in section 12-4M-2 of this chapter are prohibited in any G government district. (Ord. 1248, 5-12-2014)

As used in this chapter:

 

 

Pursuant to the Cannabis Regulation Act, a person is allowed a limited amount of six (6) mature plants and six (6) immature cannabis plants that are homegrown, with a household limit of twelve (12) plants, not to be exceeded. (Ord. 1302, 8-17-2021)

   A.   Consumption will only be allowed for establishments that meet the following criteria

      1.   Areas that are strictly limited to persons over twenty-one (21) years of age

      2.   Establishment is located at a minimum distance of three hundred (300) feet from a daycare center or school; and

      3.   The establishment is not licensed to sell alcoholic beverages.

   B.   In compliance with the Dee Johnson Clean Air Act

      1.   Establishments, that meet the criteria in Section A, shall establish a smoke free area that extends a reasonable distance from any entrances, windows and ventilation systems to any enclosed areas where smoking is prohibited. The reasonable distance shall be a distance sufficient to ensure that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and to ensure that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means." NMSA24-16-13, 2007.

   C.   Consumption in Public Places, as per the definition above, shall be prohibited. (Ord. 1302, 8-17-2021)

Requirement of a Special Use Agreement to be in place. (Ord. 1302, 8-17-2021)

 

(Ord. 1302, 8-17-2021)