Dona Ana County Unincorporated
City Zoning Code

Zoning Administrator. The Community Development Director or designee shall be the designated Zoning Administrator. Any reference to "Zoning Administrator" throughout this Appendix shall be interchangeable and synonymous with "Community Development Director" or designee.

Duties.

The Zoning Administrator shall administer the provisions of this Appendix.

Notice of violation to responsible person. If the Zoning Administrator shall find that any of the provisions of this Appendix are being violated, he/she shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

Remedial action. He/She shall order discontinuance of illegal use of land, buildings or structures, or structural changes, discontinuance of any illegal work being done or shall take any other action authorized by this Appendix to ensure compliance with or to prevent violations of its provisions.

Certificates of zoning compliance.

Certificate required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part(s) thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this Appendix.

Nonconforming structure or use. No existing, nonconforming structure or use shall be changed until a certificate of zoning compliance has been issued by the Zoning Administrator. The certificate of zoning compliance shall state specifically how the nonconforming use differs from the provisions of this Appendix, provided that upon enactment of the Appendix, owners or occupants of nonconforming uses or structures shall have 30 days to apply for certificates of zoning compliance.

Application for certificate. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Appendix upon completion of the work.

Maintain records. The Zoning Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

ASSISTED-LIVING/RETIREMENT FACILITY

Failure to obtain certificate. Failure to obtain a certificate of zoning compliance shall be a violation of the Appendix and punishable under Subsection D of this section.

Construction and use/compliance with plans and permits. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be a violation of this Appendix and punishable as provided by Subsection D of this section.

Penalty. Any person found guilty of violating any provision of this Appendix shall be subject to penalty as provided in the Dona Ana County Chapter 350, the Unified Development Code. Each day of a violation shall be considered a separate offense.

§ 350-830.4 Definitions.

In interpreting this Appendix, the following terms, words, or phases used herein shall be defined and interpreted as follows:

The present tense includes the future tense, the singular number includes the plural, the plural number includes the singular, the masculine includes the feminine, and the feminine includes the masculine.

The words "shall" and "must" are mandatory; the word "may" is permissive.

Definitions.

ACCESSORY DWELLING UNIT

Accessory dwelling units are a residential unit located on the same parcel of land as a single-family unit, which is secondary in size and use to the single-family unit.

ACCESSORY STRUCTURE

A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

ACCESSORY USE

A use of the land or a building that is subordinate to the principal use.

ADMINISTRATIVE REVIEW

Review of a zoning or other application to the County that is reviewed and approved, approved with conditions, or denied by staff.

ALLEY

A public or private thoroughfare which affords typically a secondary means of access to abutting property.

ANIMAL SHELTER

A facility providing animal care or boarding services not restricted to household pets with overnight accommodations, animal hospitals, boarding kennels, and/or the maintaining, raising, harboring and/or boarding of four or more dogs or six or more cats or six or more dogs and cats.

ANTENNA

Any structure that radiates or receives radio or other communication signals.

A community residence(s) specifically designed for those who are able or wish to live an independent lifestyle but may need assistance with daily chores, such as cooking, cleaning, laundry, and/or driving. On-site, skilled nursing care or medical facilities may be permitted. Any living facility or part thereof which requires licensing by the New Mexico State Health Department shall be considered a nursing home.

ATTACHED

The physical union of two otherwise independent structures or objects, or the relation between two parts of a single structure, each having its own function.

AUTOMOTIVE SERVICE AND REPAIR

A large room to accommodate an audience in a building such as a school or theater, or an indoor or outdoor facility to hold public meetings or performances.

An establishment engaged in performing major repairs to the servicing of automobiles. Such work excludes commercial wrecking, dismantling junkyard, tire, and truck-tractor repair. Major repair may include engine overhaul, brake repair, glass replacement, repair of electrical accessories such as starters and alternators, frame alignment, and rebuilding of wrecked automobiles. Outdoor storage of vehicles awaiting repair, materials, or supplies is controlled by enclosure requirements of the specific use district; however, any unenclosed areas shall be provided with a fence or wall constructed to a height adequate to conceal any vehicles, equipment or supplies located on the lot; proper maintenance to keep the areas in good condition, free of weeds, dust, trash, and debris.

AWNINGS

A detachable, roof-like cover, supported from the walls of a building for protection from sun or weather.

BANKING AND FINANCIAL SERVICES

A facility engaged in deposit banking or extending credit in the form of loans. This definition includes but is not limited to all uses in the following similar uses: depository institutions, nondepository institutions.

BAR

An establishment or room at which drinks, especially alcoholic drinks, and sometimes food are served.

BED-AND-BREAKFAST

An owner-occupied or manager-occupied residential structure providing rooms for temporary, overnight lodging, with or without meals, for paying guests.

BLOCK

The enclosed area within the perimeter of the street's right-of-way lines.

BLOCK FACE

One side of the block.

BOARDING OR ROOMING HOUSE

A dwelling unit containing up to and including five guest rooms where lodging is provided, with or without meals, for compensation.

BUILD

To erect, convert, enlarge, reconstruct, or structurally alter a building.

BUILDING

Any structure built for use of persons or animals.

BUILDING HEIGHT

The height of a building measured from the lowest adjacent ground surface level to the highest point of the building.

CARPORT

Space for the housing or storage of motor vehicles and enclosed on not more than two sides by walls.

COMMERCIAL COMMUNICATION STRUCTURES

A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

CLUB

Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating and/or recreational uses and, further, whose activities are not conducted for monetary gains; including, but not limited to, civic, fraternal, charitable, religious social and patriotic organizations.

CO-LOCATION

The physical attachment and/or placement of one communication structure upon another communication structure and may include placing different or similar communication structures on the receiving structure. For example, a cellular transmitter being placed on a television receiver tower or a cellular transmitter on another cellular transmitter tower.

Any structure, including antennas and satellite service devices, or any other device which is normally used for radio, television, microwave, or wireless communications. This shall include any device that is attached to a new or an existing tower or attached to a building facade or roof or other non-communication structure and such attachment is made to the facade or roof vertically, horizontally and/or diagonally.

CONDOMINIUM

A residential, professional, commercial, office, or industrial development in which each unit is owned individually, whether the unit includes the ground beneath, air space, wall, 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.

COURT

An open space or plaza that is surrounded by a single building or several individual buildings.

DAY/CHILDCARE

Child-care center, group child-care home, family child-care home, preschool, nursery school, day nursery, kindergarten and similar uses shall be in accord with state licensing requirements.

DRIVE-THROUGH FACILITY

Drive-in or drive-up facilities for ordering associated with commercially oriented uses.

One building arranged, intended, or designated to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING UNIT

One or more connected rooms and a single kitchen designed for and occupied by no more than one family for living and sleeping purposes.

A residential structure on a private lot or lots, which is attached to other units horizontally or vertically.

GROUND- OR STRUCTURE-MOUNTED COMMUNICATION APPURTENANCE

A residential structure on a private lot, detached from other units and designed for and occupied by no more than one family for living purposes.

FACIAL MOUNT

The physical attachment of a communication structure to a building or other non-communication structure, which does not substantially increase the height of the building or structure. Examples of other structures include, but are not limited to: freestanding signs and billboards, stadium lights, gas station canopies, electric poles, area and street lights, and church spires. This can include attaching the structure either vertically, horizontally, or diagonally along the structure's building facade, walls, roofs, or other surfaces.

FAMILY

Persons related by blood or marriage, or group of persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

FARM

An area which is used for the growing of the usual farm products such as vegetables, fruit, fodder, trees and grain, and their storage on the area.

FINISHED GRADE

The average of the finished ground level at the center of all walls of a building.

FLOOR AREA

The total gross area of all floors of a building.

FLOOR AREA RATIO

The total gross square footage of a structure or building divided by the total square footage of the lot, parcel, or tract on which the structure is located or to be placed.

FRONTAGE

The distance along a street right-of-way line from one intersecting street to another or from one intersecting street to the end of a dead-end street.

GARAGE, COMMERCIAL

Any building or structure where automobiles, trucks, tractors, or other vehicles are stored, painted, repaired, or equipped for a charge, and where the service and sale of gasoline and oil are incidental to the principal building use.

GARAGE, PRIVATE

Any accessory building for the primary purpose of housing vehicles which are owned and used by the occupants of the main building.

GAS STATION

A business where the primary use is to sell motor vehicle fuels at retail prices.

GROCERY

A store selling foodstuffs and various household supplies.

Minor, mountable communication device that receives programming through the transmission of signals. These devices are small and generally serve the building on which they are attached. These may include, but are not limited to, television antennas or satellite appurtenances.

HEALTH CLUB

A place of business with equipment and facilities for exercising and improving physical fitness.

HOME ARTISAN BUSINESS

A home artisan business shall be considered artist's studios, cabinet making, dress making, engraving, furniture making, hobby crafts, jewelry making, sewing, tailor, writing studio and similar uses.

HOME OCCUPATION

A home occupation use is a combination of residential occupancy and commercial activity located within a dwelling unit. The work activities shall not adversely impact the public health, safety, and welfare, or the livability, functioning, and appearance of the adjacent property. This definition excludes Tienditas.

MAJOR RECREATION EQUIPMENT

An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

HOTEL

One or more buildings providing temporary lodging primarily to persons who have residences elsewhere, or both temporary and permanent lodging in guest rooms, or apartments. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby. Accessory uses may include an eating place, meeting rooms, and other similar uses. Notwithstanding the gross floor limitations for accessory uses, conference facilities not exceeding 15% of the gross floor area of the hotel are permitted in addition to the floor area occupied by all other accessory uses.

INDOOR RECREATION CENTER

Indoor recreational uses and structures, including but not limited to game rooms, bowling alleys, pool rooms, or skating rinks.

INSTRUCTIONAL SERVICE

An instructional service use shall be considered educational tutoring, music lessons and similar instructional services. A maximum of five students may be in the dwelling at any one time. No music instruments may be amplified.

LOT

Any parcel of land platted and placed on record in accordance with laws and ordinances described by plat or metes and bounds and having frontage on a public right-of-way or private street or alley.

LOT AREA

The aggregate lot area measured to property lines.

LOT DEPTH

The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.

LOT LINE, FRONT

The boundary of a lot bordering on a street.

LOT LINE, REAR

The lot boundary line, not a front lot line or a rear lot line.

LOT LINE, SIDE

Any boundary line which is opposite and most distant from and not coterminous with the front lot line.

LOT WIDTH

The width of a lot measured 10 feet from the lot line on the narrowest portion of the lot.

LOT, CORNER

Any lot located at the intersection of, and having frontage on, two or more streets.

LOT, DOUBLE-FRONTAGE

Any lot with frontage on two parallel or approximately parallel streets.

Include boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), used for transporting recreational equipment, whether occupied by such equipment or not.

MANUFACTURED HOME

A factory-built dwelling, which is manufactured or constructed under the authority of 42 U.S.C. § 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.

MEDICAL USE CLINIC

An establishment occupied by one or more members of the medical or dental profession for the purpose of providing health services.

MERCHANDISE SALES

General retail related sales or durable and nondurable goods.

MIXED-USE

A land use pattern which provides for the integration of appropriate residential and nonresidential uses, both vertically and horizontally.

MUSEUMS AND OTHER CULTURAL INSTITUTIONS

A public or private facility, including an aquarium, operated as a repository or a collection of natural, scientific, or literary curiosities or objects of interest, not including the regular sale or distribution of the objects collected. Activities may include the sale of crafts work and artwork, boutiques, and the holding of meetings and social events.

NURSING HOME, HOSPICE

An establishment licensed by the State Department of Public Health, which establishment maintains and operates continuous day and night facilities providing room and board, personal services and skilled nursing care, including hospices; specifically excluding, however, hospitals.

Occupancy primarily for the provision of professional, executive, management, or administrative services; excluding, however, dental, or medical clinic or office. Typical uses include real estate offices, brokerage firms, legal offices, or architectural firms.

OPEN SPACE (WITHIN A LOT)

This type of parking exists on a dedicated public street within the right-of-way.

RESIDENTIALOpen space includes softscape, hardscape, driveways and other nonvertical structures that are permanent or semi-permanent.

NONRESIDENTIALOpen space includes softscape and/or hardscape areas of a site. Structures, parking lots, and drives shall not be counted towards open space.

OUTDOOR MARKET

An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

OUTDOOR STORAGE

The storage of goods outside of a building for sale or storage related to a principal use.

PARKING GARAGE

A structure for automobile storage/parking. The parking garage may serve uses such as residential developments, entire commercial districts, or a single use such as an office building.

POSTAL FACILITY, NEIGHBORHOOD

An area provided for self-parking by employees, visitors, residents, and/or patrons of a public/institutional, commercial, industrial, or multifamily residential use.

PARKS AND OPEN SPACE

An area of land which is developed or intended for development with landscaping or associated accessory improvements which promote recreational activities by the public. Drainage facilities and associated features designed for dual-purpose use as a recreation and drainage feature shall be included in this definition. May be either publicly or privately owned.

PERMITTED USE

Any use listed as a use by right, a use by temporary permit, a home occupation, or an accessory use in any given district, and/or other uses allowed in all districts unless restricted by special limitations, and/or any conditional use or by special review which has been approved according to the required procedure.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. They include but are not limited to uses such as barbershops, beauty shops, dry cleaning, shoe repair shops, tanning salons, linen supply, diaper service, funeral services, and domestic services.

A facility that has distribution boxes (cluster boxes) and collection services for the public, mail carriers, and retail services; excluding, however, the distribution of bulk mail or packages to other postal facilities.

PRIVATE GARAGE

An accessory structure that typically accompanies a dwelling unit principal structure.

PROFESSIONAL OFFICE

A professional office shall be considered an office for accountants, appraisers, architects, attorneys, contractors, engineers, financial planners, insurance agents, consulting services, real estate, and similar office uses. Dentist and medical doctor offices shall not be considered a professional office.

PROFESSIONAL SERVICES

Uses such as accounting, auditing, bookkeeping, architectural, engineering, planning, and surveying services, bank, bonding, and financial institutions/facilities (no drive-through), real estate, tax preparation, legal services, insurance.

PUBLIC, RECREATIONAL FIELD/COURT

An area of public land used for traditional sports activities that include football, baseball, softball, soccer, field hockey, basketball, tennis, racquetball, volleyball, and running track.

PUBLIC/CIVIC USE

A facility utilized for public use by a government entity such as, but not limited to, municipal offices, libraries, or schools.

RECREATIONAL SERVICES/CENTER

Establishments providing indoor and/or outdoor sports or recreation by and for participants; excluding, however, community centers. Any spectators would be incidental and attend on an irregular basis. This definition includes, but is not limited to, the following:

Dance studios and schools;

Producers, orchestras;

Bowling centers;

Sports clubs;

Physical fitness facilities;

Amusement center;

Membership sports and recreation clubs;

(8)

Batting cages; and

(9)

Golf-course.

An establishment where food/drink is consumed on- or off-site, off-site consumption.

An establishment where food/drink is typically consumed on-site. This type of restaurant may include indoor or outdoor seating for serving and consumption of food on-site.

SATELLITE APPURTENANCE/DEVICE

Sale to the ultimate consumer for direct consumption or use and not for resale.

ROOM

Any enclosed division of a building containing over 70 square feet of floor space and commonly used for living purposes, not including lobbies, hall, closets, storage space, bathrooms, utility rooms and unfinished attics, cellars, or basements.

Any structure used to receive satellite programming services specifically associated with television reception from the transmission of signals from a satellite to a receiver, usually a round "dish" that can vary in size. This does not include those dishes or devices used for two-way communications.

SMALL ITEM REPAIR SERVICE

A public or private school meeting all requirements of the compulsory education laws of the state and providing instruction to students in kindergarten through grade 12. Middle and high schools are generally grades six through 12.

SETBACK

The required distance between every building or structure and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, as defined, except as may be authorized by this Appendix.

SIGHT TRIANGLE

The area of unobstructed vision at street intersections, intersections of streets and alleys, and multiple parking areas entrances/exits permitting a vehicle driver to see approaching vehicles to the right or left.

A small item repair service shall be considered locksmith repair, watch repair, tool repair, shoe repair, and similar repair services.

STORAGE SHED

A structure or part of a structure designed for storing goods; business, personal, or household effects; and other items of personal property by or with permission of the owner of that personal property. Examples include gardening or tool sheds. Storage sheds are regulated in this Appendix based on square footage of structure.

TEMPORARY USE

A temporary use is a use (business, sale, display, or event) which is conducted for a limited time. Temporary uses may be conducted in tents, temporary or permanent buildings, vehicles, trailers or outside. Other temporary uses not listed in this section may be listed under permitted uses for a specific zone.

THEATER

A structure used for dramatic, operatic, motion pictures or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed.

TIENDITA

A commercially focused space within a principal structure in a primarily residential area that is less than or equal to 650 square feet in size. The commercially focused space shall be limited to a single personal service, professional service, or small merchandising use. The commercial space must have a separate entrance door easily accessible from a public street. These uses are typically located on corner lots and within activity centers and shall be recorded on the final plat.

TOWER

Any structure, vertical in inclination, which is normally used to support antennas or other commercial communication structures. This may include television and radio towers, guy towers, and all other freestanding towers, either for private or commercial purposes.

TOWNHOUSE

One of a group of attached dwelling units divided from each other by common walls and each having a separate entrance leading directly to the outdoors at ground level.

TRANSPORTATION CENTER

Facilities including but not limited to bus, taxi, charter bus, and railroad stations or depots.

USE, ACCESSORY

Subordinate and incidental to a principal use or structure on the same lot.

USE, CONDITIONAL

An allowable land use, but which shall not be undertaken until such use is reviewed and approved by the County Planning and Zoning Commission. Since it is an allowable use, the County Planning and Zoning Commission may not deny it outright; however, the Commission may require the applicant to enter into enforceable agreements or undertakings restricting such use in the interest of the public welfare and the value of the property in that area.

UTILITIES

Minor structures and appurtenances associated with public or private utility companies to provide services to uses developed.

VARIANCE

An amendment to the terms of this Appendix where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Appendix would result in unnecessary and undue hardship. As used in this Appendix, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking, and off-street loading requirements or as elsewhere specifically authorized by this Appendix.

VERTICAL STRUCTURE

Any built object that is either independent of or attached to any building that is perpendicular in its direction to the nearest adjacent ground. May include such structures as spires, belfries, flagpoles, steeples, and other similar structures, but does not include antennas, towers, communication structures, and satellite service devices.

§ 350-830.6 New Urbanism Zone districts.

Zone districts. The following five zone districts are hereby created in the New Urbanism District. Three of the zone districts are true mixed-use zones that are envisioned to primarily permit commercial uses. The two residential zones are meant to primarily allow for various residential uses, but do not preclude nonresidential uses.

Mixed-Use Neighborhood Commercial (MU-NC). The Mixed-Use Neighborhood Commercial Zone is intended to accommodate limited commercial uses typically associated with a neighborhood-oriented retail center. Limited uses, limited square footages, and smaller floor plates for commercial uses are permitted. Development assumes primarily an inline (zero setback) approach to buildings to ensure a neighborhood retail street character. Vertical mixed-use development is encouraged.

Mixed-Use Main Street Commercial (MU-MSC). The Mixed-Use Main Street Commercial Zone is intended to accommodate a broad range of commercial uses typically associated with a community-serving retail center. Slightly larger square footages and floor plates are permitted. Development assumes primarily an inline (zero setback) approach to buildings to ensure a neighborhood retail street character but permits some structures to be set back for specific circulation needs, such as a gas station. Vertical mixed-use development is encouraged.

Mixed-Use Community Commercial (MU_CC). The Mixed-Use Community Commercial Zone is intended to accommodate mid to large box commercial uses typically associated with a community to regional serving retail centers.

Santa Teresa Residential One (STR-1). The Santa Teresa Residential One (STR-1) Zone is intended for single-family detached homes on various lot sizes. Attached products up to a certain density are also allowed for variation in neighborhood character and to accommodate market needs. Limited nonresidential uses are permitted.

Santa Teresa Residential Two (STR-2). The Santa Teresa Residential Two (STR-2) Zone is intended to accommodate slightly higher residential development that may include a greater combination of single-family detached and attached product types on various lot sizes. Limited nonresidential uses are permitted.

Regulations governing zone districts.

Basic regulations. The regulations governing zone districts in the New Urbanism District are set forth in the Zone District Matrices, Exhibits 6.1 and 6.2 below, which are hereby adopted and incorporated herein. The following regulations apply to principal structures. Also refer to Exhibit 6.B.2 for supplementary regulations.

Exhibit 6.1: Zone District Matrix - Commercial Zones
Land Use	Front Yard Setbacks (feet)	Rear Yard Setbacks (feet)	Side Yard Setbacks (feet)	Maximum FAR (floor area ratio)	Height (feet)	Minimum Open Space
MU-NC*	0 minimum 12 maximum	15	0	2.0 FAR	24 minimum 42 maximum	10%
MU-MSC*	0 minimum 12 maximum	15	0	4.0 FAR	24 minimum 65 maximum	10%
MU-CC*	10 minimum	15	0	2.0 FAR	24 minimum 64 maximum	10%

*	If purely residential uses are developed (not mixed-use) refer to STR-2 below for regulations.

Exhibit 6.2: Zone District Matrix - Residential Zones
Land Use	Minimum Lot Size (square feet)	Minimum Lot Depth (feet)	Minimum Lot Width (feet)	Front Yard Setbacks (feet)	Rear Yard Setbacks (feet)	Side Yard Setbacks (feet)	Maximum Density per acre (du/acre)	Height (feet)	Minimum Open Space
STR-1
SFD-Facing Street	4,050	90	45	6 minimum 17 maximum	20	0 or 4^(a)	10	35 maximum	30%
SFD-Not Facing Street	1,500	30	30	6 minimum 17 maximum	4	0 or 4^(a)	15	35 maximum	30%
SFA	1,120	70	16	6 minimum 17 maximum	4	0	15	35 maximum	20%
STR-2
SFD-Facing Street	2,800 or 4,050^(b)	70 or 90^(b)	40 or 45^(b)	6 minimum 15 maximum	4	0 or 4^(a)	18	35 maximum	20%
SFD - Not Facing Street	1,500	30	30	0 minimum 15 maximum	4	0 or 4^(a)	25	36 maximum	20%
SFA	1,120	70	16	0 minimum 15 maximum	4	0	25	60 maximum	20%

Notes:
^(a)	Up to 10% of the total SFD residential lots within the STR-1 and STR-2 Zone Districts may have a zero setback (i.e., 0 feet) on one side yard, provided that the other side yard setback is a minimum of 10 feet. All other SFD residential lots within the STR-1 and STR-2 Zone Districts shall have a minimum side yard setback of four feet.
^(b)	Up to 20% of the total land area within the STR-2 Zone District may have SFD - Facing Street residential lots with a minimum lot depth of 70 feet and a minimum lot width of 40 feet, corresponding to a minimum lot size of 2,800 square feet. All SFD-Facing Street residential lots shall have a minimum lot depth of 90 feet and a minimum lot width of 45 feet, corresponding to a minimum lot size of 4,050 square feet.

Supplementary regulations.

Side yard setback along a street shall be increased by a minimum of five feet.

Front side-entry attached garages shall have a minimum front yard setback of 15 feet (see Exhibit 6.2A).

Front-loaded garages shall be set back a minimum of 25 feet from the front lot line (see Exhibit 6.2B).

Exhibit 6.2A:

Lot Diagram: Front Side-Entry Attached Garage

Exhibit 6.2B:

Lot Diagram: Front-Loaded Garage

§ 350-830.7 Land use and zoning regulations.

Permitted uses. Permitted uses may be proposed anywhere within a subdistrict in which they are allowed pursuant to the Permitted Use Matrix (Exhibit 7.1). Land uses not explicitly listed herein are not permitted uses.

Exhibit 7.1: Permitted Use Matrix
Permitted Use	Residential Zones		Commercial Zones
	STR-1	STR-2	MU-NC	MU-MSC	MU-CC
Animal shelter					x
Automotive service and repair < 5,000 square feet site				x
Automotive service and repair > 5,000 square feet site					x
Banking and financial services			x	x	x
Bed-and-breakfast = 8 rooms		x	x	x	x
Church or religious institution			x	x	x
Day/Child care - As regulated by state NM (< 10 kids in residential zones)			x	x	x
Drive-through facilities					x
Dwelling - SFA < 15 units/acre	x	x	x	x	x
Dwelling - SFA > 15 units/acre		x	x	x	x
Dwelling - carriage units/guest houses < 650 square feet	x	x	x	x	x
Dwelling - SFD	x	x	x	x	x
Gas station				x	x
Grocery < 20,000 square feet			x	x	x
Grocery > 20,000 square feet				x	x
Health club			x	x	x
Hospital					x
Hotel				x	x
Medical use - clinic			x	x	x
Merchandise sales			x	x	x
Museum and cultural institutions			x	x	x
Nursing home, hospice				x	x
Office < 15,000 square feet			x	x	x
Office > 15,000 square feet				x	x
Open space	x	x	x	x	x
Outdoor market			x	x	x
Parking garage				x	x
Park	x	x	x	x	x
Personal service			x	x	x
Professional service			x	x	x
Public/civic use	x	x	x	x	x
Restaurant <l 70 seats			x	x	x
Restaurant > 70 seats				x	x
School - elementary	x	x	x	x	x
School - middle	x	x		x	x
School — high	x	x		x	x
Theater (< 6 screens)				x
Theater (> 6 screens)					x

*	Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional Tiendita uses will not be permitted if such use is not explicitly identified on the original plat.

Accessory uses and structures. Accessory uses include uses of land or buildings that are subordinate to the principal use. The accessory use is located on the same lot or parcel serving a principal use.

Exhibit 7.2: Accessory Use Matrix
Special Use	Residential Zones		Commercial Zones
	STR-1-SF	STR-2-SF	MU-NC	MU-MSC	MU-CC
Carport	x	x	x	x	x
Storage sheds < 200 square feet	x	x
Ground- or structure-mounted communication appurtenances	x	x	x	x	x
Private garage (detached)	x	x	x	x	x

Telecommunication structures, facilities, towers, and related accessory structures and uses shall be exclusively regulated by the Dona Ana County Chapter 350, the Unified Development Code.

Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein. An accessory use building permit shall be required where specifically noted in this section. Accessory uses are permitted only after their principal structure is present or under construction. The use and/or location requirements stipulated elsewhere in this Appendix may be modified for accessory uses as follows subject to Planning and Zoning Commission approval:

General architectural and aesthetic compatibility. All accessory structures shall be architecturally compatible with the principal structure. Exterior building materials and colors should not unduly contrast with the site's background. Inappropriate exterior building materials include, but are not limited to, untextured exposed concrete, untextured or unfinished unit masonry, highly reflective glass, reflective metal roof, and unpainted aluminum window frames.

Accessory uses and detached accessory structures. Accessory uses and detached accessory structures shall be permitted in the rear yard only, unless otherwise specified; may be located on an interior lot line; and shall not exceed 15 feet in height. Accessory structures shall not occupy more than 20% of the rear yard in all districts except the commercial districts, where such uses and structures shall not occupy more than 35% of the rear yard setback. When permitted in the side or front yard, accessory structures shall not occupy more than 15% of the respective side or front yard area.

Accessory Uses (and Structures) permitted in the rear yard area only.

Accessory structures 120 square feet or less in area, provided they are located at least 10 feet from the principal building. Such buildings shall not require issuance of a building permit. The Zoning Administrator may grant a waiver from the requirement that an accessory use (or structure) be located at least 10 feet from a principal building and permit such accessory use (or structure) within five feet of the principal structure. Such waiver shall only be granted when the accessory structure is not designed or intended to store or contain any flammable liquid or vehicles or equipment containing flammable liquids; or where the accessory structure is constructed with a fire wall as if it were attached to the principal building; or where the accessory use (or structure) is not detrimental to the health, safety, and welfare of the surrounding uses or structures within 200 feet. The Zoning Administrator shall consider the health, safety, general welfare, and aesthetics of the proposed construction before granting such a waiver.

Firewood pile, provided that the firewood is neatly stacked and does not exceed a height of five feet unless it is stacked against a permitted principal or accessory building.

Gardens.

Gazebo, provided it is located at least 10 feet from the principal building and any other accessory building or structure. Such buildings shall require the issuance of a building permit.

Jacuzzi/Hot tub. Such equipment shall require the issuance of a building permit.

Patio, not including a covered patio.

Permanent volleyball court.

[8]

Playhouse, provided it is located at least 10 feet from the principal building and any other accessory building or structure.

Swimming pool, provided it is located at least 10 feet from the principal building or any other accessory building or structure. A swimming pool shall require the issuance of a building permit.

Swing sets and gym sets.

Tennis court.

Wood deck, not including a covered deck. A deck projecting from a building with a deck elevation four feet or more above grade shall be considered a balcony for the purpose of regulation and shall meet requirements thereof. Decks may extend into the side yard, provided that the side yard for the district in which it is located shall be complied with. A deck shall require the issuance of a building permit.

Similar items determined to be appropriate by the Zoning Administrator.

Accessory uses (and structures) permitted in any side or rear yard:

Basketball hoops.

Bird baths.

Flagpoles.

Fountains.

Lawn sculpture.

Religious statue.

Wishing well.

Similar items determined to be appropriate by the Zoning Administrator.

Unless otherwise noted, the following uses, which may be accessory to a principal use, shall meet all the front, side, and rear yard requirements of the district in which they are located. All uses listed below shall require the issuance of a building permit.

Accessory buildings more than 120 square feet in area, provided they are located at least 10 feet from the principal building and any other accessory building or structure. The Zoning Administrator may grant a waiver from the requirement that an accessory building be located at least 10 feet from a principal building and permit such accessory building within five feet of the principal structure. Such waiver shall only be granted when the accessory building is not designed or intended to store or contain any flammable liquid or vehicles or equipment containing flammable liquids; or where the accessory building is constructed with a fire wall as if it were attached to the principal building. The Zoning Administrator shall consider the health, safety, general welfare, and aesthetics of the proposed construction before granting such a waiver.

Balconies.

Central air-conditioning compressor, provided that the air conditioning compressor is located no more than five feet from the principal building and is located no closer than two feet to a lot line. Air-conditioning compressors shall not be located or extend into the front yard area.

Covered patios or decks.

Enclosed porches.

Private garages (detached).

Detached garages are permitted or an interior lot line (i.e., zero lot line).

Detached garages that are alley-loaded shall be set back a minimum of four feet from the rear lot line.

Detached garages that are loaded from a street may be located on the rear lot line.

[d]

Detached garages shall be located a minimum of 10 feet from the principal building and any other accessory building or structure.

[e]

Detached garages shall not extend into the front yard without Planning and Zoning Commission approval.

Carports, provided that they are a supplement to a required attached or detached garage rather than a substitute for a garage. Detached carports shall be located at least 10 feet from the principal building and any other accessory building or structure. Carports shall not extend into the front yard area.

The Zoning Administrator may allow detached accessory buildings and structures to be located closer than 10 feet to a principal building if they are designed in such a manner as to be attractive and constructed to meet all codes and requirements as though they were attached to the principal structure.

Accessory buildings and tool sheds 120 square feet or less in area shall be placed on a pad of concrete, asphalt, or patio block. Accessory buildings greater than 120 square feet in area shall be constructed on a foundation or concrete slab.

No more than one accessory building 120 square feet or less in area and one accessory building larger than 120 square feet in area shall be placed on any residential lot less than one acre in area.

Material may be stored in the accessory yard setback area if a minimum five-foot-high fence is constructed between the accessory structure and adjacent lot. No parking shall be permitted in the accessory yard setback area. The accessory yard setback shall be kept free from accumulation of debris or refuse. Only fences, drainage swales, utilities, and landscaping may be permitted within the accessory yard setback area.

Conditional uses.

Conditional uses require a more detailed study prior to approval. The Zoning Administrator may require additional submittals in order to evaluate the potential effects of the use development.

Exhibit 7.3: Conditional Use Matrix
Conditional Use	Residential Zones		Commercial Zones
	STR-1-SF	STR-2-SF	MU-NC	MU-MSC	MU-CC
Accessory dwelling unit	x	x	x
Auditorium	x	x	x	x	x
Awnings	x	x	x	x	x
Bar			x	x	x
Bed-and-breakfast, < 8 rooms	x
Church or Religious Institution	x	x
Day/childcare - as regulated by state of NM (< kids in residential zones)	x	x
Drive-through facility				x
Storage sheds > 200 square feet				x	x
Home occupation (shall be exclusively regulated by the Dona Ana County Code Chapter 350, "Home Occupations")	x	x	x	x	x
Outdoor cafe			x	x	x
Outdoor storage				x	x
Parking lot			x	x	x
Recreation service/center	x	x	x	x	x
Tiendita*	x	x
Utilities (above ground structures)	x	x	x	x	x

*	Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional tiendita uses will not be permitted if such use is not explicitly identified on the original plat.

In approving a conditional use, the Zoning Administrator shall consider the following:

The proposed use is appropriate and compatible in the specific location. Environmental impacts, including, without limitation, noise, lighting, traffic and visibility effects, generated as a result of the development are mitigated so that the effects on the adjoining properties are minimized;

The intent and principles of the STR-1 Zoning District are implemented by the approval of the proposed use as the proposed location; and

The proposed use meets the conditions outlined herein and in § 350-830.8, Special provisions.

New uses. Any proposed permitted or accessory use currently not listed herein may be proposed by the applicant. If the Zoning Administrator recommends approval of such use, possible with conditions, the proposed use shall then go through a formal text amendment process for ordinances mandated by NMSA § 3-17-1 through § 3-17-6, as amended from time to time.

§ 350-830.8 Special provisions.

Applicability. The following regulations stipulate the provisions for allowance of variances to any structure or accessory structures for numerical standards such as setbacks, floor area, heights, and minimum open space.

Variances. Any development proposed that does not conform to any of the standards of development in this Appendix must obtain a variance. A variance shall not be granted unless the variance is found to meet the requirements of Subsection B(6) below. In granting a variance, any reasonable conditions may be imposed to minimize any adverse effects the variance might otherwise have on property within the area of notification or on the development generally.

Applications for variances. An administrative variance request shall be submitted to the Zoning Administrator by the owner of the property that is the subject of the variance request or by the owner's agent. A completed copy of the application, an appropriate site plan that meets the criteria set forth in this Appendix, and a nonrefundable filing fee shall be submitted to the Zoning Administrator in accordance with Subsection B(3) below.

Administrative variances. An administrative variance request may be granted by the Zoning Administrator. The Zoning Administrator may grant administrative variances under the following circumstances:

The variance would represent a deviation of 10% or less from a numerical standard.

The Zoning Administrator finds that the request meets the standards set forth in Subsection B(6) below.

No written objections to the variance are received within 15 calendar days from the date that notice is provided as set out in Subsection B(3) below. The notice shall identify the property and state the nature of the variance requested, and shall also state that if no written objections to the variance are received within 15 calendar days of the date of the notice, the variance may be granted administratively without a hearing, and that if written objections are received within that fifteen-day period, the variance request will be submitted to the Planning and Zoning Commission for a public hearing upon payment of the variance fee.

A denial by the Zoning Administrator under this subsection may be appealed to the Planning and Zoning Commission.

Application and hearing procedures.

Generally. A schedule of fees to be charged for variance applications under this section, which are designed to partially defray the costs of administering and enforcing this section, shall be established by Chapter 179, Fees and Permits, in the Code of Dona Ana County. Applications for requested variances shall be made according to the following procedures:

Prospective applicants shall first confer with the Zoning Administrator, who shall initially review the proposed request and shall issue application forms and methods prescribed by the Zoning Administrator.

The applicant shall complete and submit the prescribed application forms provided by the Zoning Administrator in accordance with prescribed methods, along with the required nonrefundable processing fee, in advance of the time and date established as the deadline.

The Zoning Administrator shall review the application and, after consultation with and review by other agencies as deemed appropriate, the Zoning Administrator shall prepare a recommendation to be presented within 30 days before the Planning and Zoning Commission. Said recommendation shall be supported and based on the provisions contained in this Appendix and/or other applicable regulations.

The Zoning Administrator may advise and make recommendations to the applicant in an effort to arrive at a favorable recommendation, but will not prevent by any means the applicant from making his, her, or its request. A recommendation not to approve shall be explained and made available to the applicant no less than five days' prior to the public hearing before the Planning and Zoning Commission.

Public hearing: notice requirements. Variances may become effective only after a public hearing has been held at which all interested parties and/or citizens shall have an opportunity to be heard. Signs, supplied by the Zoning Administrator, shall be posted a minimum of 15 days on at least four corners of the subject property, to notify adjacent property owners of the proposed variance request. Notice of the time and place of the public hearing shall be published at least 15 days' prior to the date of the hearing in a newspaper with general circulation in the jurisdiction of the County. Notice of the public hearing shall also be mailed by first class mail, as shown by the records of the Dona Ana County Tax Assessor, of lots of land within 300 feet of and in every direction from the area under consideration, excluding distances devoted to public rights-of-way.

The Zoning Administrator shall submit all applications for variances that represent a deviation of more than 10%, along with the required site plan and the Zoning Administrator's findings of fact and recommendations, to the Planning and Zoning Commission for the earliest hearing practicable.

A denial of a variance by the Planning and Zoning Commission may be appealed to the County Commission.

The following findings are required for approval of any variance:

Granting of the variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice.

Granting of the variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice.

Granting the variance will uphold the spirit and intent of this Appendix and accomplish substantial justice.

Conditional uses.

Accessory dwelling unit. Accessory dwelling units shall meet the following criteria:

The total dwelling area of such unit shall be no greater in size than 1/3 of the total dwelling area of the single-family unit;

The total dwelling area of such unit shall be greater in size than 650 square feet;

Legal title to such unit and single-family unit shall be held in the same name; and

Must comply with all other requirements for special use permits found in Chapter 350, the Unified Development Code, as well as paying the associated fees for a special use permit.

Outdoor cafes.

Outdoor cafes are permitted as a conditional use in the commercial zones but shall also be considered for tienditas.

Outdoor cafes shall be allowed on private property without a conditional use permit.

Outdoor cafes shall be allowed in public right-of-way as long as:

An encroachment permit is obtained in accordance with Subsection F of this section.

The outdoor eating area is enclosed/separated from the public travel area via a low fence/wall.

A minimum forty-two-inch clearance is maintained for pedestrian movement within the public walkway.

Adequate ingress to and egress from the outdoor eating area are provided.

Outdoor cafes serving alcohol meet all state standards and have an adequate liquor license in place.

Tienditas.

Tienditas are only permitted on lands identified for such use on the original, recorded plat of the land. Additional Tiendita uses will not be permitted if such use if not explicitly identified on the original plat.

Tienditas shall have specific hours of operation identified as a condition of the conditional use permit.

Tienditas shall not sell, store, fabricate, generate, or produce noxious materials that may constitute a hazard for adjacent uses and structures.

Operation of the tiendita shall not create a nuisance for adjacent residential uses from noise, overflow onto adjacent private properties, excessive vehicular movements and parking adjacent to the use, and other like nuisances.

Awnings.

Awnings are permitted as a conditional use in all the residential and commercial zones.

Awnings shall be allowed on private property without a conditional use permit.

Awnings shall be allowed in public right-of-way as long as:

An encroachment permit is obtained in accordance with Subsection F of this section.

The awnings do not protrude to a distance or height so as to create a danger to pedestrian or vehicular movement within the public walkway or public right-of-way.

Temporary uses. The purpose of this subsection is to identify specific temporary uses that may be conducted within listed zoning districts for certain time periods and under special conditions.

Submittal requirements. To obtain a permit for a temporary use, the following information must be provided for the permit:

A description of the temporary use.

A site plan showing the location of all structures (both temporary and permanent), which includes the distance from these structures to the property lines and each other. Temporary structures must be at least five feet from all side and rear property lines and at least 15 feet from property lines along a roadway. These structures shall not violate the clear sight triangle. These structures, excluding fences and signs, must be at least 10 feet from all other buildings on the property.

The site plan must also show the traffic circulation, including parking spaces and driving aisles on the property. There shall be adequate room for traffic circulation around the temporary use. Temporary uses are not permitted to obstruct more than:

Twenty-five percent of the parking area if there are 20 parking spaces or less;

Fifteen percent of the parking area if there are between 21 and 50 parking spaces;

Ten percent of the parking area if there are more than 50 parking spaces; and

The temporary use shall not obstruct disabled accessible parking spaces.

The date the temporary use will start and end and hours of operation.

Time limitations.

Temporary uses are restricted to the time limits and zoning districts listed below.

Temporary uses not listed in this subsection shall be permitted for up to 14 calendar days at one location in a calendar year. A single temporary use conducted for longer than the time limits stated in this section for that use shall be considered a permanent use and shall comply with all County and other Dona Ana County Unified Development Code requirements.

Carnival, amusement park or hall, circus: These uses are permitted for no more than 14 calendar days at a single location one time in a calendar year (not including the time required to set up and take down the structures associated with the use). Permitted in MU-NC, MU-MSC, and MU-CC Zones.

Christmas tree stands: Sales of Christmas trees shall not occur before November 15 or after December 31. Permitted in MU-MSC and MU-CC Zones.

Community-wide event: Temporary uses at the time of a community-wide event are permitted to begin one week (seven calendar days) before the beginning of the community-wide event and shall end three calendar days from the last day of the community-wide event. These temporary uses are permitted in addition to other types of temporary uses, such as tent sales and outdoor sales and displays. Permitted in STR-1, STR-2, MU-NC, MU-MSC, and MU-CC Zones.

Firework stands: Sale of fireworks shall not occur before June 20 or after July 6. Sale of fireworks is also permitted three calendar days preceding and including each of the following holidays: New Year's Day, Chinese New Year, and Cinco de Mayo of each year. Permitted in MU-CC Zone.

Flea markets: Temporary flea markets shall operate for no more than 30 calendar days at one location in a calendar year. Permitted in MU-MSC and MU-CC Zones.

Kiddie ride carnival and exhibits: These uses shall be permitted for no more than 14 calendar days at a single location one time in a calendar year. Permitted in MU-NC, MU-MSC, and MU-CC Zones.

Special events: These events shall be permitted for no more than 14 calendar days at a single location one time in a calendar year. Permitted in MU-MSC and MU-CC Zones.

[8]

Temporary outside sales and displays: These types of sales and displays shall be permitted for no more than 21 calendar days at a single location one time in a calendar year. Permitted in MU-NC, MU-MSC, and MU-CC Zones.

[9]

Temporary stands: These uses are permitted for no more than three months for the sale of seasonal merchandise and for no more than 30 calendar days for nonseasonal merchandise. Permitted in MU-NC, MU-MSC, and MU-CC Zones.

[10]

Tent sales and activities: These types of sales and activities shall be permitted for no more than 21 calendar days at a single location one time in a calendar year. Permitted in MU-MSC and MU-CC Zones. The Fire Department has several requirements for tents which must also be met.

[11]

Yard, garage or rummage sales, fundraising or celebration activities for nonprofit organizations: These types of uses shall be conducted for no more than four calendar days, three times at one location in a calendar year. No permits are required for these uses when conducted from an individual's dwelling or an institution. If conducted from a business or other property not used mainly for residential or institutional purposes, all requirements for temporary uses must be met. This use is permitted in all zones.

Fences and walls. Fences and walls are permitted accessory uses in all districts and are further regulated as follows:

Zoning permit.

No fence or wall shall be constructed or altered until a zoning permit for such erection or alteration shall have been issued by the Zoning Administrator. Such permit shall be valid for a period of 180 days, after which period the permit shall lapse and become void unless a building permit has been issued within said period and is not thereafter cancelled. This zoning permit is a prerequisite for a building permit that must be obtained from Dona Ana County.

Fence and wall location.

No fence or wall shall be located in the front yard setback of the principal structure, unless required for grading between adjacent parcels and in that case shall be only tall enough as needed for grading/retaining purposes.

No fence in the vision clearance triangle shall exceed 2.5 feet in height above mean street grade.

All walls and fences shall require a building permit.

Walls and fences constructed as part of a master planned subdivision may be constructed straddling lot lines.

Retaining walls constructed after original development shall be located such that no part of the wall or footing is outside the property boundaries (i.e., no encroachment on adjacent property).

Retaining walls retaining more than 30 inches of soil or other fill material and all walls exceeding 72 inches in height shall be designed by a professional engineer licensed to practice in the State of New Mexico.

Fences shall be located outside of easement areas unless Planning and Zoning Commission approval is granted to place a fence in or on the easement.

Fence and wall construction.

All structural and support components of a fence shall face away from adjacent properties.

All fences shall be constructed in such a manner and of such materials and colors as to not adversely affect the appearance of the neighborhood or adjacent property values.

Permissible fence and wall materials:

Rock and mortar walls.

Solid masonry.

Brick and mortar.

Split-faced CMU. CMU must have integral earthtone color.

Wrought iron.

Stucco (finish).

Panelized system if reviewed and approved by the Zoning Administrator.

Prohibited fence materials/colors:

Smoothed-faced CMU, unless covered with a stucco finish.

Plain concrete colored CMU.

All walls shall have adequate footings such that they remain in a straight and plumb condition.

Chain-link fences shall be allowed only in public recreational field/court conditions no perimeter boundaries or for civic use subject to the conditional use provisions in § 350-830.7C(2).

Maintenance. All fences and walls shall be maintained in good repair at all times. No signs or advertising shall be permitted on a fence or wall. No materials shall be stored between the fence/wall and the lot line.

Encroachments.

Encroachment permits.

Persons seeking to obtain encroachments into or onto public rights-of-way or other public property shall follow the following procedure:

An application shall be submitted to the Zoning Administrator requesting an encroachment permit.

The Zoning Administrator shall:

Prepare a staff report and forward to the Planning and Zoning Commission;

Set a Planning and Zoning Commission public hearing date;

Notify the public. Notification to occur through the posting of the Planning and Zoning Commission agenda.

The Planning and Zoning Commission shall hear the comments in response to the application and shall either:

Approve;

Approve with additional conditions; or

Deny the application.

The Zoning Administrator shall notify the applicant of the final decision within 10 days of the Planning and Zoning Commission meeting.

The issuance of an encroachment permit by the Planning and Zoning Commission shall require the payment of a fee as established in Chapter 179, Fees and Permits, in the Code of Dona Ana County.

Signs. Signs shall be regulated exclusively by Dona Ana County Chapter 350, Unified Development Code, Article V, Zoning Districts and Regulations, § 350-508, Signs.

§ 350-830.9 Parking requirements.

Definitions.

ASSISTED LIVING

A living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medications.

A large room to accommodate an audience in a building such as a school or theater, or an indoor or outdoor facility to hold public meetings or performances.

BACK-OUTS

Additional area within a parking lot to adequately assist vehicles backing out of spaces with the proper turning radius.

CLINIC

A facility which is often associated with a hospital or medical school that is devoted to the diagnosis and care of outpatients.

DAY/CHILD CARE

Child-care center, group child-care home, family child-care home, preschool, nursery school, day nursery, kindergarten and similar uses shall be in accord with state licensing requirements.

One building arranged, intended or designed to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

A residential structure on a private lot or lots, which is attached to other units horizontally or vertically.

A residential structure on a private lot, detached from other units and designed for and occupied by no more than one family for living purposes.

GROSS SQUARE FEET (GSF)

Total building area measured from outside walls. For example, a building that is 60 feet by 100 feet would have a gross square footage of 6,000 square feet.

LONG-TERM PARKING/STORAGE

An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient department, training facilities, central service facilities and staff offices.

HOTEL/LODGING

One or more buildings providing temporary lodging primarily to persons who have residences elsewhere or both temporary and permanent lodging in guest rooms, or apartments.

INDEPENDENT LIVING

A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility.

LANDSCAPE ISLAND

Space reserved within a parking lot to certain landscaping.

LIBRARY

A publicly operated facility housing a collection of books, magazines, multi-media, or other material for use by the general public.

An area dedicated for the storage of household goods or the parking of boats, trailers, and other larger vehicles for a period of 30 days or more.

MULTIFAMILY

Three or more dwelling units attached with a common wall. Multifamily units may also have shared common amenities on the property.

MUSEUM

A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical or artistic value.

Occupancy primarily for the provision of professional, executive management, or administrative services; excluding, however, clinic or office, dental or medical. Typical uses include real estate offices, brokerage firms, legal offices, or architectural firms.

Areas within the right-of-way of a public street that are designated to parking. This parking is typically designed to be parallel or angled.

OPACITY

An object or group of objects that causes an area to be of obscurity or impenetrability.

An area provided for self-parking by employees, visitors, residents, and/or patrons of any public/institutional, commercial, industrial, or multifamily residential use.

RECREATIONAL VEHICLE

Travel trailers, camping trailers, fifth-wheel trailers, and all other vehicles that are constructed to include a chassis, integral wheels, and a towing hitch, and are primarily designed or constructed to provide temporary, readily movable living quarters for recreation, camping, or travel uses.

Pickup campers, either mounted or nonmounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping, or travel uses.

Chassis mount, motor home, mini-motor home or other recreational structure or vehicles constructed integrally with a truck or motor van chassis and incapable of being separated therefrom and designed to be used for movable living quarters for recreation, camping or travel uses.

Recreational vans or converted and chopped vans or other vehicles which are either initially constructed or converted to contain living quarters for recreation, camping or travel uses.

Trailers, boats, etc.

An establishment where food/drink is consumed on or off-site. This establishment may include a drive-through operation where food/drink is purchased for off-site consumption.

An establishment where food/drink is typically consumed on-site. This type of restaurant may include indoor or outdoor seating for serving and consumption of food on-site.

Sale to the ultimate consumer for direct consumption or use and not for resale.

SENIOR HOUSING/ASSISTED LIVING

SPORTS FIELD

This area is designated as recreational sporting facilities to include baseball, softball, or full-size soccer uses.

YEAR-ROUND LANDSCAPING

Coniferous landscape material that does not lose its foliage. Foliage exists all year long.

Parking spaces required.

Residential.

Single-family dwellings:

Single-family detached: two off-street spaces per dwelling.

Single-family attached: 1.5 off-street spaces per dwelling on average.

Two-car garages are required for all single-family detached residential dwellings.

One-car garage is required for all single-family attached residential dwellings.

Multiple-family dwellings; senior housing-independent living:

Studio or one-bedroom: one off-street space.

Two bedrooms: 1.75 spaces.

Three bedrooms or more: 2.25 spaces.

0.5 space per unit for guest parking.

On-street parking adjacent to the site can count toward guest parking.

Senior housing-assisted living:

0.5 space per dwelling unit.

0.2 space per unit for guest parking.

0.2 space per unit for employee parking.

On-street parking adjacent to the site can count toward guest parking.

Nonresidential uses:

Auditorium: one space per 200 gross square feet.

Churches: one space per five seats.

Day/Child care: two spaces, plus one additional space per 10 children, plus 0.75 space per every employee.

Hospitals: two spaces per room.

Library/Museums: one space per 300 gross square feet.

Lodging: 0.75 space per room; one per employee.

Office: one space per 300 gross square feet.

Restaurants and clinics: one space per 200 gross square feet.

(i)

Retail merchandising: one space per gross square feet.

(j)

Schools: one space per teacher/staff member, and one space for every five students 16 years of age and older. Additional parking may be required if the facility has an auditorium or gymnasium, one space per every five seats.

(k)

Sports field: 30 spaces per field.

On-Street parking credit.

Seventy-five percent of on-street parking on the side of the street immediate to any public street frontage of a use/building can be included towards the required parking count (see Exhibit 9.1) for the use/building fronting such on-street parking.

To receive credit for on-street parking, stalls shall meet the stall dimensional requirements and the street shall meet the County's design standards. In the event that the street is later widened, or the status changed to prohibit on-street parking, the use on the property will become legal nonconforming (see Exhibit 9.1).

Exhibit 9.1. On-Street Parking

Off-street parking credit (MU-NC and MU-MSC Zones only).

Off-site parking ownership or current lease of parking spaces within a 750-foot radius measured from the perimeter boundary of the site dedicated to the use in question during its hours of operation shall be considered towards parking requirement.

This off-street parking credit should only account for no greater than 50% of the total required spaces.

The Zoning Administrator shall have the authority to approve such a parking strategy, through a zoning permit, that ultimately meets the parking requirements identified in Subsection B(1) and provided for via adjacent off-street parking or via Subsections B(3) through (5).

The uses upon which the parking agreement/lease is approved shall not be changed without the Zoning Administrator's approval.

Dedicated parking spaces via lease or the shared parking agreement shall be established for off-site spaces.

Divesting ownership or terminating lease of the required parking spaces shall result in termination of the zoning permit until the deficiency is rectified.

Shared parking.

To reduce the amount of land dedicated to parking lots, an applicant may propose a parking strategy using shared parking and differential time use.

The minimum lease for this parking agreement would be five years.

The Zoning Administrator shall have the authority to approve such a parking strategy, through a zoning permit, that ultimately meets the parking requirements identified in Subsection B(1) through (4) above, after determining that adequate parking is provided for the proposed uses.

The uses upon which the parking agreement/lease is approved shall not be changed without the Zoning Administrator's approval.

Divesting ownership or terminating lease of the required parking spaces shall result in termination of the use permit until the deficiency is rectified.

Parking lots.

Location

Parking lots shall in general be located behind the principal building.

Parking lots shall be set back a minimum of six feet from a public street to accommodate adequate screening.

Surfacing

All off-street parking areas and aisles shall be graded and surfaced to be property drained.

Parking areas shall be paved with concrete or asphalt surfacing, or with special paving materials such as brick.

Landscaping.

All off-street parking areas which serve 20 vehicles or more shall be provided with landscape islands within the parking lot totaling not less than 5% of the surfaced area.

The minimum size of each landscape island shall be 170 square feet (see Exhibit 9.2).

Landscape islands shall consist of trees, shrubs, and other low-water plantings (see Exhibit 9.3).

Any landscape island less than 170 square feet shall not count towards the requirements.

One canopy tree shall be provided for every 15 parking spaces.

Canopy trees must be evenly distributed throughout the parking lot.

In areas where a canopy tree would be located in the landscape buffer adjacent to a sidewalk/parkway, up to 50% of the street trees immediate to the lot may be counted towards the minimum parking lot tree requirement.

Structurally covered or underground motor vehicle parking spaces are not included in calculating the required number and location of canopy trees.

Exhibit 9.2. Landscape Island

Exhibit 9.3. Landscaped Island Example

Screening.

All commercial and multifamily parking lots shall be screened from all adjacent residential uses.

Screening shall be between 30 inches to 42 inches in height.

Low masonry walls, fences, and/or landscaping that provides minimum 75% opacity for the length of the screening counts as screening.

All landscape screening shall be year-round.

Size of parking stalls and drive aisles

The minimum dimensional requirements for parking stalls and driving aisles are shown in the following table (Exhibit 9.4).

Exhibit 9.4: Parking Stall Requirements
Parking Angle	Stall Width (feet)	Stall Length (feet)	Stall Base (feet)	Stall Depth (feet)	Width of One-Way Aisle (feet)	Width of Two-Way Aisle (feet)
30°	9	19	18	17.3	11	24
45°	9	19	12.7	19.8	13	24
60°	9	19	10.4	21	18	24
90°	9	20	9	20	24	24
0° (parallel)	9	22	22	9	12	22

General notes:

All angle parking, except ninety-degree and parallel parking, shall have aisles designed for one-way traffic flow only, except that two-way traffic is permitted where angled and ninety-degree parking share a drive lane and as reviewed and approved by the Zoning Administrator.

All parking lot designs shall have primary ingress and egress to a public street, access easement or alley.

Circulation within a parking lot shall be designed to minimize aisles with one inlet/outlet. Aisles with only one inlet/outlet shall provide "back-outs" for end spaces (see Exhibit 9.5).

Exhibit 9.5. Back-Outs

All parking spaces abutting walkways are buildings shall provide parking stops.

All off-street parking areas must comply with State of New Mexico accessibility requirements and with the Americans with Disabilities Act (ADA).

Parking storage. The long-term parking or storage of boats/recreational vehicles, semi-tractors and semi-trailers, and construction vehicles and equipment (except during periods of permitted construction activity and/or deliveries) is prohibited in the MU-NC, MU-MSC, MU-CC, STR-1, and STR-2 Zones.

§ 350-830.10 Severability.

Should any section, paragraph, clause or provision of this Appendix for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Appendix.

§ 350-831 Appendix EE. Standard Garden Wall Design.

[Added 11-12-2024 by Ord. No. 354-2024]

§ 350-832 Appendix FF. Sample Easement Setback Diagram.

[Added 11-12-2024 by Ord. No. 354-2024]

Dona Ana County Unincorporated
City Zoning Code

ARTICLE VIII

Appendices

§ 350-824 Appendix X: Plant List.

[Amended 11-14-2017 by Ord. No. 294-2017]

Bold type signifies a native plant in Doña Ana County.

Plant list headings:

Common name: locally used name.

Botanical name: scientific name.

Height: average mature canopy height.

Width: average mature canopy width, diameter, or spread.

Area: average area of mature canopy width.

Edible: a plant with fruit or foliage used for food.

Figure 5-5. Ecoregion - Water Use Zones

Trees (and skyline accents)
Common Name	Botanical Name	Height (feet)	Width (feet)	Area (square feet)	Edible	Water Use Zone
Mimosa or Silk Tree	Albizzia julibrissin	25	30	450		medium
Mexican Blue Palm	Brahea armata	20	12	75		***low, medium
Pecan	Carya illinoinensis	60	40	*800	yes	*medium, high
Atlas Cedar	Cedrus atlantica	50	25	325		medium
Deodar Cedar	Cedrus deodora	60	30	*450		***medium, high
Cedar of Lebanon	Cedrus libani	50	25	325		medium
Netleaf or Canyon Hackberry	Celtis reticulata	20	20	200		***low, medium
Texas Redbud	Cercis canadensis var. texensis	20	25	325		medium
Mexican Redbud	Cercis canadensis	15	20	200		***low, medium
Mediterranean Fan Palm	Chamaerops humilis	12	10	50		***low, medium
Desert Willow	Chilopsis linearis	30	30	450		***low, medium
Arizona Cypress	Cupressus arizonica	50	25	325		***low, medium
Italian Cypress	Cupressus sempervirens	60	10	50		medium
Loquat	Eriobotrya japonica	12+	15	125		medium
Texas Ash	Fraxinus texensis	18	15	125		medium
Arizona Walnut	Juglans major	40	40	800	yes	***low, medium
Alligator Juniper	Juniperus deppeana	25	20	200		***low, medium
Oneseed Juniper	Juniperus monosperma	15	15	125		low
Rocky Mountain Juniper	Juniperus scopulorum	20	15	125		***low, medium
Goldenrain Tree	Koelreuteria paniculata	20	20	200		***low, medium
Pink Crepe Myrtle (tree form)	Lagerstroemia indica 'Muskogee'	15	12	75		medium
White Crepe Myrtle (tree form)	Lagerstroemia indica 'Natchez'	15	12	75		medium
Crepe Myrtle (tree)	Lagerstroemia indica	12+	12	*75		*medium, high
Goldenball Leadtree	Leucanea retusa	15+	15	125		low
Southern Magnolia	Magnolia grandiflora	20+	25	*325		*medium, high
Apple	Malus cultivars	15+	15	125	yes	medium
Mexican Piñon	Pinus cembroides	25	20	200	yes	**low, medium
Piñon	Pinus edulis	20	15	125	yes	**low, medium
Afghan Pine	Pinus eldarica	60	30	450		***low, medium
Italian Stone Pine	Pinus pinea	70	35	600	yes	***low, medium
Chinese Pistache	Pistacia chinensis	35	25	325		***low, medium
Texas Pistachio	Pistacia texana	12	15	125		low
Pistachio	Pistacia vera	20	15	125	yes	***low, medium
Mexican Sycamore	Platanus mexicana	50	50	*1250		*medium, high
California Sycamore	Platanus racemosa	50	50	*1250		*medium, high
Arizona Sycamore	Platanus wrightii	50	50	*1250		*medium, high
Rio Grande or Valley Cottonwood	Populus deltoides var. wislizenii	50	50	*1250		*medium, high
Western Cottonwood	Populus fremontii	60	50	*1250		*medium, high
Honey Mesquite	Prosopis glandulosa	30	30	450	yes	low
Tornillo or Screwbean Mesquite	Prosopis pubescens	20	20	200		***low, medium
Velvet Mesquite	Prosopis velutina	30	30	450	yes	***low, medium
Almond, Apricot, Cherry, Nectarine, Peach	Prunus cultivars	12+	15	125	yes	medium
Bradford Pear	Pyrus calleryana	20	15	0		high
Pear	Pyrus cultivars	12+	15	125	yes	medium
Arizona White Oak	Quercus arizonica	25	30	450		**low, medium
Texas Red Oak	Quercus buckleyi	25	20	200		medium
Canby or Sierra Oak	Quercus canbyi	30	25	325		**low, medium
Escarpment Live Oak or Encino	Quercus fusiformis	25+	30	450		medium
Gambel Oak or Roble	Quercus gambelii	30	20	200	yes	medium
Chisos Red Oak	Quercus gravesii	30	25	325		**low, medium
Gray Oak	Quercus grisea	25	30	450		**low, medium
Holly Oak	Quercus ilex	25	25	325		**low, medium
Valley Oak	Quercus lobata	40+	40	800		medium
Bur Oak	Quercus macrocarpa	35	35	625		medium
Chinquapin Oak	Quercus muehlenbergii	35	35	625		**low, medium
Monterrey or Mexican White Oak	Quercus polymorpha	30	25	325		medium
English Oak or Roble	Quercus robur	40	40	800		medium
Columnar English Oak	Quercus robur 'Fastigiata'	50	15	125		medium
Cork Oak	Quercus suber	25	25	325		**low, medium
Desert or Shrub Live Oak	Quercus turbinella	15	20	200		**low, medium
'Heritage' Live Oak	Quercus virginiana 'Heritage'	35	35	625		medium
Mexican Sabal	Sabal mexicana	20	10	50		medium
Gooding Willow	Salix goodingii	25	20	*200		*medium, high
Soapberry	Sapindus saponaria var. drummondii	20	20	200		***low, medium
Mexican Elder	Sambucus mexicana	12	15	125		medium
Pagoda Tree	Sophora japonica	20	20	200		***low, medium
Bald Cypress	Taxodium species	60	35	*625		*medium, high
Windmill Palm	Trachycarpus species	20	8	35		medium
California or Desert Fan Palm	Washingtonia filifera	20	12	144		***low, medium
Palma China	Yucca decipiens	15	8	35		low
Soaptree or Palmilla	Yucca elata	15	8	35		low
Faxon or Palm Yucca	Yucca faxoniana	15	8	35		low
Linear-leaf Yucca	Yucca linearifolia	10+	5	25		**low, medium
Blue Yucca	Yucca rigida	12	6	20		low
Beaked Yucca or Isote	Yucca rostrata	15	8	35		low
Mountain Yucca	Yucca schottii	10	6	20		low
Thompson Yucca	Yucca thompsoniana	6	6	20		low
Torrey Yucca	Yucca torreyi	15	6	20		low

Trees (and skyline accents)
Common Name	Botanical Name	Height (feet)	Width (feet)	Area (square feet)	Edible	Water Use Zone
Mimosa or Silk Tree	Albizzia julibrissin	25	30	450		medium
Mexican Blue Palm	Brahea armata	20	12	75		***low, medium
Pecan	Carya illinoinensis	60	40	*800	yes	*medium, high
Atlas Cedar	Cedrus atlantica	50	25	325		medium
Deodar Cedar	Cedrus deodora	60	30	*450		***medium, high
Cedar of Lebanon	Cedrus libani	50	25	325		medium
Netleaf or Canyon Hackberry	Celtis reticulata	20	20	200		***low, medium
Texas Redbud	Cercis canadensis var. texensis	20	25	325		medium
Mexican Redbud	Cercis canadensis	15	20	200		***low, medium
Mediterranean Fan Palm	Chamaerops humilis	12	10	50		***low, medium
Desert Willow	Chilopsis linearis	30	30	450		***low, medium
Arizona Cypress	Cupressus arizonica	50	25	325		***low, medium
Italian Cypress	Cupressus sempervirens	60	10	50		medium
Loquat	Eriobotrya japonica	12+	15	125		medium
Texas Ash	Fraxinus texensis	18	15	125		medium
Arizona Walnut	Juglans major	40	40	800	yes	***low, medium
Alligator Juniper	Juniperus deppeana	25	20	200		***low, medium
Oneseed Juniper	Juniperus monosperma	15	15	125		low
Rocky Mountain Juniper	Juniperus scopulorum	20	15	125		***low, medium
Goldenrain Tree	Koelreuteria paniculata	20	20	200		***low, medium
Pink Crepe Myrtle (tree form)	Lagerstroemia indica 'Muskogee'	15	12	75		medium
White Crepe Myrtle (tree form)	Lagerstroemia indica 'Natchez'	15	12	75		medium
Crepe Myrtle (tree)	Lagerstroemia indica	12+	12	*75		*medium, high
Goldenball Leadtree	Leucanea retusa	15+	15	125		low
Southern Magnolia	Magnolia grandiflora	20+	25	*325		*medium, high
Apple	Malus cultivars	15+	15	125	yes	medium
Mexican Piñon	Pinus cembroides	25	20	200	yes	**low, medium
Piñon	Pinus edulis	20	15	125	yes	**low, medium
Afghan Pine	Pinus eldarica	60	30	450		***low, medium
Italian Stone Pine	Pinus pinea	70	35	600	yes	***low, medium
Chinese Pistache	Pistacia chinensis	35	25	325		***low, medium
Texas Pistachio	Pistacia texana	12	15	125		low
Pistachio	Pistacia vera	20	15	125	yes	***low, medium
Mexican Sycamore	Platanus mexicana	50	50	*1250		*medium, high
California Sycamore	Platanus racemosa	50	50	*1250		*medium, high
Arizona Sycamore	Platanus wrightii	50	50	*1250		*medium, high
Rio Grande or Valley Cottonwood	Populus deltoides var. wislizenii	50	50	*1250		*medium, high
Western Cottonwood	Populus fremontii	60	50	*1250		*medium, high
Honey Mesquite	Prosopis glandulosa	30	30	450	yes	low
Tornillo or Screwbean Mesquite	Prosopis pubescens	20	20	200		***low, medium
Velvet Mesquite	Prosopis velutina	30	30	450	yes	***low, medium
Almond, Apricot, Cherry, Nectarine, Peach	Prunus cultivars	12+	15	125	yes	medium
Bradford Pear	Pyrus calleryana	20	15	0		high
Pear	Pyrus cultivars	12+	15	125	yes	medium
Arizona White Oak	Quercus arizonica	25	30	450		**low, medium
Texas Red Oak	Quercus buckleyi	25	20	200		medium
Canby or Sierra Oak	Quercus canbyi	30	25	325		**low, medium
Escarpment Live Oak or Encino	Quercus fusiformis	25+	30	450		medium
Gambel Oak or Roble	Quercus gambelii	30	20	200	yes	medium
Chisos Red Oak	Quercus gravesii	30	25	325		**low, medium
Gray Oak	Quercus grisea	25	30	450		**low, medium
Holly Oak	Quercus ilex	25	25	325		**low, medium
Valley Oak	Quercus lobata	40+	40	800		medium
Bur Oak	Quercus macrocarpa	35	35	625		medium
Chinquapin Oak	Quercus muehlenbergii	35	35	625		**low, medium
Monterrey or Mexican White Oak	Quercus polymorpha	30	25	325		medium
English Oak or Roble	Quercus robur	40	40	800		medium
Columnar English Oak	Quercus robur 'Fastigiata'	50	15	125		medium
Cork Oak	Quercus suber	25	25	325		**low, medium
Desert or Shrub Live Oak	Quercus turbinella	15	20	200		**low, medium
'Heritage' Live Oak	Quercus virginiana 'Heritage'	35	35	625		medium
Mexican Sabal	Sabal mexicana	20	10	50		medium
Gooding Willow	Salix goodingii	25	20	*200		*medium, high
Soapberry	Sapindus saponaria var. drummondii	20	20	200		***low, medium
Mexican Elder	Sambucus mexicana	12	15	125		medium
Pagoda Tree	Sophora japonica	20	20	200		***low, medium
Bald Cypress	Taxodium species	60	35	*625		*medium, high
Windmill Palm	Trachycarpus species	20	8	35		medium
California or Desert Fan Palm	Washingtonia filifera	20	12	144		***low, medium
Palma China	Yucca decipiens	15	8	35		low
Soaptree or Palmilla	Yucca elata	15	8	35		low
Faxon or Palm Yucca	Yucca faxoniana	15	8	35		low
Linear-leaf Yucca	Yucca linearifolia	10+	5	25		**low, medium
Blue Yucca	Yucca rigida	12	6	20		low
Beaked Yucca or Isote	Yucca rostrata	15	8	35		low
Mountain Yucca	Yucca schottii	10	6	20		low
Thompson Yucca	Yucca thompsoniana	6	6	20		low
Torrey Yucca	Yucca torreyi	15	6	20		low

Trees (and skyline accents)
Common Name	Botanical Name	Height (feet)	Width (feet)	Area (square feet)	Edible	Water Use Zone
Mimosa or Silk Tree	Albizzia julibrissin	25	30	450		medium
Mexican Blue Palm	Brahea armata	20	12	75		***low, medium
Pecan	Carya illinoinensis	60	40	*800	yes	*medium, high
Atlas Cedar	Cedrus atlantica	50	25	325		medium
Deodar Cedar	Cedrus deodora	60	30	*450		***medium, high
Cedar of Lebanon	Cedrus libani	50	25	325		medium
Netleaf or Canyon Hackberry	Celtis reticulata	20	20	200		***low, medium
Texas Redbud	Cercis canadensis var. texensis	20	25	325		medium
Mexican Redbud	Cercis canadensis	15	20	200		***low, medium
Mediterranean Fan Palm	Chamaerops humilis	12	10	50		***low, medium
Desert Willow	Chilopsis linearis	30	30	450		***low, medium
Arizona Cypress	Cupressus arizonica	50	25	325		***low, medium
Italian Cypress	Cupressus sempervirens	60	10	50		medium
Loquat	Eriobotrya japonica	12+	15	125		medium
Texas Ash	Fraxinus texensis	18	15	125		medium
Arizona Walnut	Juglans major	40	40	800	yes	***low, medium
Alligator Juniper	Juniperus deppeana	25	20	200		***low, medium
Oneseed Juniper	Juniperus monosperma	15	15	125		low
Rocky Mountain Juniper	Juniperus scopulorum	20	15	125		***low, medium
Goldenrain Tree	Koelreuteria paniculata	20	20	200		***low, medium
Pink Crepe Myrtle (tree form)	Lagerstroemia indica 'Muskogee'	15	12	75		medium
White Crepe Myrtle (tree form)	Lagerstroemia indica 'Natchez'	15	12	75		medium
Crepe Myrtle (tree)	Lagerstroemia indica	12+	12	*75		*medium, high
Goldenball Leadtree	Leucanea retusa	15+	15	125		low
Southern Magnolia	Magnolia grandiflora	20+	25	*325		*medium, high
Apple	Malus cultivars	15+	15	125	yes	medium
Mexican Piñon	Pinus cembroides	25	20	200	yes	**low, medium
Piñon	Pinus edulis	20	15	125	yes	**low, medium
Afghan Pine	Pinus eldarica	60	30	450		***low, medium
Italian Stone Pine	Pinus pinea	70	35	600	yes	***low, medium
Chinese Pistache	Pistacia chinensis	35	25	325		***low, medium
Texas Pistachio	Pistacia texana	12	15	125		low
Pistachio	Pistacia vera	20	15	125	yes	***low, medium
Mexican Sycamore	Platanus mexicana	50	50	*1250		*medium, high
California Sycamore	Platanus racemosa	50	50	*1250		*medium, high
Arizona Sycamore	Platanus wrightii	50	50	*1250		*medium, high
Rio Grande or Valley Cottonwood	Populus deltoides var. wislizenii	50	50	*1250		*medium, high
Western Cottonwood	Populus fremontii	60	50	*1250		*medium, high
Honey Mesquite	Prosopis glandulosa	30	30	450	yes	low
Tornillo or Screwbean Mesquite	Prosopis pubescens	20	20	200		***low, medium
Velvet Mesquite	Prosopis velutina	30	30	450	yes	***low, medium
Almond, Apricot, Cherry, Nectarine, Peach	Prunus cultivars	12+	15	125	yes	medium
Bradford Pear	Pyrus calleryana	20	15	0		high
Pear	Pyrus cultivars	12+	15	125	yes	medium
Arizona White Oak	Quercus arizonica	25	30	450		**low, medium
Texas Red Oak	Quercus buckleyi	25	20	200		medium
Canby or Sierra Oak	Quercus canbyi	30	25	325		**low, medium
Escarpment Live Oak or Encino	Quercus fusiformis	25+	30	450		medium
Gambel Oak or Roble	Quercus gambelii	30	20	200	yes	medium
Chisos Red Oak	Quercus gravesii	30	25	325		**low, medium
Gray Oak	Quercus grisea	25	30	450		**low, medium
Holly Oak	Quercus ilex	25	25	325		**low, medium
Valley Oak	Quercus lobata	40+	40	800		medium
Bur Oak	Quercus macrocarpa	35	35	625		medium
Chinquapin Oak	Quercus muehlenbergii	35	35	625		**low, medium
Monterrey or Mexican White Oak	Quercus polymorpha	30	25	325		medium
English Oak or Roble	Quercus robur	40	40	800		medium
Columnar English Oak	Quercus robur 'Fastigiata'	50	15	125		medium
Cork Oak	Quercus suber	25	25	325		**low, medium
Desert or Shrub Live Oak	Quercus turbinella	15	20	200		**low, medium
'Heritage' Live Oak	Quercus virginiana 'Heritage'	35	35	625		medium
Mexican Sabal	Sabal mexicana	20	10	50		medium
Gooding Willow	Salix goodingii	25	20	*200		*medium, high
Soapberry	Sapindus saponaria var. drummondii	20	20	200		***low, medium
Mexican Elder	Sambucus mexicana	12	15	125		medium
Pagoda Tree	Sophora japonica	20	20	200		***low, medium
Bald Cypress	Taxodium species	60	35	*625		*medium, high
Windmill Palm	Trachycarpus species	20	8	35		medium
California or Desert Fan Palm	Washingtonia filifera	20	12	144		***low, medium
Palma China	Yucca decipiens	15	8	35		low
Soaptree or Palmilla	Yucca elata	15	8	35		low
Faxon or Palm Yucca	Yucca faxoniana	15	8	35		low
Linear-leaf Yucca	Yucca linearifolia	10+	5	25		**low, medium
Blue Yucca	Yucca rigida	12	6	20		low
Beaked Yucca or Isote	Yucca rostrata	15	8	35		low
Mountain Yucca	Yucca schottii	10	6	20		low
Thompson Yucca	Yucca thompsoniana	6	6	20		low
Torrey Yucca	Yucca torreyi	15	6	20		low

Trees (and skyline accents)
Common Name	Botanical Name	Height (feet)	Width (feet)	Area (square feet)	Edible	Water Use Zone
Mimosa or Silk Tree	Albizzia julibrissin	25	30	450		medium
Mexican Blue Palm	Brahea armata	20	12	75		***low, medium
Pecan	Carya illinoinensis	60	40	*800	yes	*medium, high
Atlas Cedar	Cedrus atlantica	50	25	325		medium
Deodar Cedar	Cedrus deodora	60	30	*450		***medium, high
Cedar of Lebanon	Cedrus libani	50	25	325		medium
Netleaf or Canyon Hackberry	Celtis reticulata	20	20	200		***low, medium
Texas Redbud	Cercis canadensis var. texensis	20	25	325		medium
Mexican Redbud	Cercis canadensis	15	20	200		***low, medium
Mediterranean Fan Palm	Chamaerops humilis	12	10	50		***low, medium
Desert Willow	Chilopsis linearis	30	30	450		***low, medium
Arizona Cypress	Cupressus arizonica	50	25	325		***low, medium
Italian Cypress	Cupressus sempervirens	60	10	50		medium
Loquat	Eriobotrya japonica	12+	15	125		medium
Texas Ash	Fraxinus texensis	18	15	125		medium
Arizona Walnut	Juglans major	40	40	800	yes	***low, medium
Alligator Juniper	Juniperus deppeana	25	20	200		***low, medium
Oneseed Juniper	Juniperus monosperma	15	15	125		low
Rocky Mountain Juniper	Juniperus scopulorum	20	15	125		***low, medium
Goldenrain Tree	Koelreuteria paniculata	20	20	200		***low, medium
Pink Crepe Myrtle (tree form)	Lagerstroemia indica 'Muskogee'	15	12	75		medium
White Crepe Myrtle (tree form)	Lagerstroemia indica 'Natchez'	15	12	75		medium
Crepe Myrtle (tree)	Lagerstroemia indica	12+	12	*75		*medium, high
Goldenball Leadtree	Leucanea retusa	15+	15	125		low
Southern Magnolia	Magnolia grandiflora	20+	25	*325		*medium, high
Apple	Malus cultivars	15+	15	125	yes	medium
Mexican Piñon	Pinus cembroides	25	20	200	yes	**low, medium
Piñon	Pinus edulis	20	15	125	yes	**low, medium
Afghan Pine	Pinus eldarica	60	30	450		***low, medium
Italian Stone Pine	Pinus pinea	70	35	600	yes	***low, medium
Chinese Pistache	Pistacia chinensis	35	25	325		***low, medium
Texas Pistachio	Pistacia texana	12	15	125		low
Pistachio	Pistacia vera	20	15	125	yes	***low, medium
Mexican Sycamore	Platanus mexicana	50	50	*1250		*medium, high
California Sycamore	Platanus racemosa	50	50	*1250		*medium, high
Arizona Sycamore	Platanus wrightii	50	50	*1250		*medium, high
Rio Grande or Valley Cottonwood	Populus deltoides var. wislizenii	50	50	*1250		*medium, high
Western Cottonwood	Populus fremontii	60	50	*1250		*medium, high
Honey Mesquite	Prosopis glandulosa	30	30	450	yes	low
Tornillo or Screwbean Mesquite	Prosopis pubescens	20	20	200		***low, medium
Velvet Mesquite	Prosopis velutina	30	30	450	yes	***low, medium
Almond, Apricot, Cherry, Nectarine, Peach	Prunus cultivars	12+	15	125	yes	medium
Bradford Pear	Pyrus calleryana	20	15	0		high
Pear	Pyrus cultivars	12+	15	125	yes	medium
Arizona White Oak	Quercus arizonica	25	30	450		**low, medium
Texas Red Oak	Quercus buckleyi	25	20	200		medium
Canby or Sierra Oak	Quercus canbyi	30	25	325		**low, medium
Escarpment Live Oak or Encino	Quercus fusiformis	25+	30	450		medium
Gambel Oak or Roble	Quercus gambelii	30	20	200	yes	medium
Chisos Red Oak	Quercus gravesii	30	25	325		**low, medium
Gray Oak	Quercus grisea	25	30	450		**low, medium
Holly Oak	Quercus ilex	25	25	325		**low, medium
Valley Oak	Quercus lobata	40+	40	800		medium
Bur Oak	Quercus macrocarpa	35	35	625		medium
Chinquapin Oak	Quercus muehlenbergii	35	35	625		**low, medium
Monterrey or Mexican White Oak	Quercus polymorpha	30	25	325		medium
English Oak or Roble	Quercus robur	40	40	800		medium
Columnar English Oak	Quercus robur 'Fastigiata'	50	15	125		medium
Cork Oak	Quercus suber	25	25	325		**low, medium
Desert or Shrub Live Oak	Quercus turbinella	15	20	200		**low, medium
'Heritage' Live Oak	Quercus virginiana 'Heritage'	35	35	625		medium
Mexican Sabal	Sabal mexicana	20	10	50		medium
Gooding Willow	Salix goodingii	25	20	*200		*medium, high
Soapberry	Sapindus saponaria var. drummondii	20	20	200		***low, medium
Mexican Elder	Sambucus mexicana	12	15	125		medium
Pagoda Tree	Sophora japonica	20	20	200		***low, medium
Bald Cypress	Taxodium species	60	35	*625		*medium, high
Windmill Palm	Trachycarpus species	20	8	35		medium
California or Desert Fan Palm	Washingtonia filifera	20	12	144		***low, medium
Palma China	Yucca decipiens	15	8	35		low
Soaptree or Palmilla	Yucca elata	15	8	35		low
Faxon or Palm Yucca	Yucca faxoniana	15	8	35		low
Linear-leaf Yucca	Yucca linearifolia	10+	5	25		**low, medium
Blue Yucca	Yucca rigida	12	6	20		low
Beaked Yucca or Isote	Yucca rostrata	15	8	35		low
Mountain Yucca	Yucca schottii	10	6	20		low
Thompson Yucca	Yucca thompsoniana	6	6	20		low
Torrey Yucca	Yucca torreyi	15	6	20		low

§ 350-825 Appendix Y: Plants, Prohibited or Not Recommended.

Common Name	Botanical Name	Prohibited	Not Recommended
Tree of Heaven	Ailanthus altissima	invasive, water seeking roots
Giant Cane	Arundo donax	invasive and aggressive, water seeking
Desert Broom (female)	Baccharis sarothroides		invasive into natural areas
Yellow Bird of Paradise	Caesalpinia gilliesii		invasive into natural areas
Chitalpa	Chitalpa X tashkentensis		Bacterial Leaf Scorch disease, short life span
Russian Olive	Eleagnus angustifolia	invasive, short lifespan
Lehmann Lovegrass	Eragrostis lehmanniana	invasive and aggressive, dominates cleared land, fire hazard
Raywood Ash	Fraxinus oxycarpa 'Raywood'		attracts insects, stressed outside of lawns and heavily irrigated areas, damaging surface roots
Arizona Ash and cultivars such as 'Modesto'	Fraxinus velutina		riparian native, stressed outside of lawns and heavily irrigated areas, damaging surface roots
Honeylocust	Gleditsia triacanthos		stressed outside of lawns and heavily irrigated areas
Fountain Grass	Pennisetum sactaceum	invasive and aggressive
Cottonwood, Poplar	Populus spp.	within the right-of-way, within 50 ft. of structure or site improvement, water seeking roots, damaging surface roots	heavy water use with age, surface roots, weak branching/wood
Bradford Pear and cultivars	Pyrus calleryana		stressed outside of lawns and heavily irrigated areas
Willow	Salix spp.	within the right-of-way, within 50 ft. of structure or site improvement, water seeking roots, damaging surface roots	heavy water use with age, surface roots, weak branching/wood, multiple disease and insect issues
Salt Cedar	Tamarix spp.	invasive and aggressive, water seeking roots
Goathead or Puncture Vine	Tribulus terrestris	invasive and aggressive, reseeding, hazardous
Siberian Elm	Ulmus pumila	invasive, water seeking roots, weak branching, damaging surface roots, short lifespan
Chaste Tree	Vitex agnus-castus		invasive reseeding into ponding and natural areas

§ 350-827 Appendix AA: Sample Site Plan.

[Added 12-8-2020 by Ord. No. 317-2020]

§ 350-828 Appendix BB: Permit to Develop in a Floodplain Area.

[Added 12-8-2020 by Ord. No. 317-2020]

§ 350-829 Appendix CC: Sample Elevation Certificate.

[Added 12-8-2020 by Ord. No. 317-2020]

§ 350-830 Appendix DD. New Urbanism District Regulations.

[Added 4-9-2024 by Ord. No. 351-2024]

§ 350-830.1 Short title.

§ 350-830.2 Purpose.

§ 350-830.3 Applicability and administration.

The zones described in this Appendix are established to regulate and separate the locations of land uses, as appropriate.

Zoning Administrator.

Duties.

The Zoning Administrator shall administer the provisions of this Appendix.

Certificates of zoning compliance.

Maintain records. The Zoning Administrator shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

ASSISTED-LIVING/RETIREMENT FACILITY

Failure to obtain certificate. Failure to obtain a certificate of zoning compliance shall be a violation of the Appendix and punishable under Subsection D of this section.

§ 350-830.4 Definitions.

In interpreting this Appendix, the following terms, words, or phases used herein shall be defined and interpreted as follows:

The words "shall" and "must" are mandatory; the word "may" is permissive.

Definitions.

ACCESSORY DWELLING UNIT

Accessory dwelling units are a residential unit located on the same parcel of land as a single-family unit, which is secondary in size and use to the single-family unit.

ACCESSORY STRUCTURE

ACCESSORY USE

A use of the land or a building that is subordinate to the principal use.

ADMINISTRATIVE REVIEW

Review of a zoning or other application to the County that is reviewed and approved, approved with conditions, or denied by staff.

ALLEY

A public or private thoroughfare which affords typically a secondary means of access to abutting property.

ANIMAL SHELTER

ANTENNA

Any structure that radiates or receives radio or other communication signals.

ATTACHED

The physical union of two otherwise independent structures or objects, or the relation between two parts of a single structure, each having its own function.

AUTOMOTIVE SERVICE AND REPAIR

A large room to accommodate an audience in a building such as a school or theater, or an indoor or outdoor facility to hold public meetings or performances.

AWNINGS

A detachable, roof-like cover, supported from the walls of a building for protection from sun or weather.

BANKING AND FINANCIAL SERVICES

BAR

An establishment or room at which drinks, especially alcoholic drinks, and sometimes food are served.

BED-AND-BREAKFAST

An owner-occupied or manager-occupied residential structure providing rooms for temporary, overnight lodging, with or without meals, for paying guests.

BLOCK

The enclosed area within the perimeter of the street's right-of-way lines.

BLOCK FACE

One side of the block.

BOARDING OR ROOMING HOUSE

A dwelling unit containing up to and including five guest rooms where lodging is provided, with or without meals, for compensation.

BUILD

To erect, convert, enlarge, reconstruct, or structurally alter a building.

BUILDING

Any structure built for use of persons or animals.

BUILDING HEIGHT

The height of a building measured from the lowest adjacent ground surface level to the highest point of the building.

CARPORT

Space for the housing or storage of motor vehicles and enclosed on not more than two sides by walls.

COMMERCIAL COMMUNICATION STRUCTURES

CLUB

CO-LOCATION

CONDOMINIUM

COURT

An open space or plaza that is surrounded by a single building or several individual buildings.

DAY/CHILDCARE

Child-care center, group child-care home, family child-care home, preschool, nursery school, day nursery, kindergarten and similar uses shall be in accord with state licensing requirements.

DRIVE-THROUGH FACILITY

Drive-in or drive-up facilities for ordering associated with commercially oriented uses.

One building arranged, intended, or designated to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING UNIT

One or more connected rooms and a single kitchen designed for and occupied by no more than one family for living and sleeping purposes.

A residential structure on a private lot or lots, which is attached to other units horizontally or vertically.

GROUND- OR STRUCTURE-MOUNTED COMMUNICATION APPURTENANCE

A residential structure on a private lot, detached from other units and designed for and occupied by no more than one family for living purposes.

FACIAL MOUNT

FAMILY

Persons related by blood or marriage, or group of persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

FARM

An area which is used for the growing of the usual farm products such as vegetables, fruit, fodder, trees and grain, and their storage on the area.

FINISHED GRADE

The average of the finished ground level at the center of all walls of a building.

FLOOR AREA

The total gross area of all floors of a building.

FLOOR AREA RATIO

The total gross square footage of a structure or building divided by the total square footage of the lot, parcel, or tract on which the structure is located or to be placed.

FRONTAGE

The distance along a street right-of-way line from one intersecting street to another or from one intersecting street to the end of a dead-end street.

GARAGE, COMMERCIAL

GARAGE, PRIVATE

Any accessory building for the primary purpose of housing vehicles which are owned and used by the occupants of the main building.

GAS STATION

A business where the primary use is to sell motor vehicle fuels at retail prices.

GROCERY

A store selling foodstuffs and various household supplies.

HEALTH CLUB

A place of business with equipment and facilities for exercising and improving physical fitness.

HOME ARTISAN BUSINESS

A home artisan business shall be considered artist's studios, cabinet making, dress making, engraving, furniture making, hobby crafts, jewelry making, sewing, tailor, writing studio and similar uses.

HOME OCCUPATION

MAJOR RECREATION EQUIPMENT

HOTEL

INDOOR RECREATION CENTER

Indoor recreational uses and structures, including but not limited to game rooms, bowling alleys, pool rooms, or skating rinks.

INSTRUCTIONAL SERVICE

LOT

Any parcel of land platted and placed on record in accordance with laws and ordinances described by plat or metes and bounds and having frontage on a public right-of-way or private street or alley.

LOT AREA

The aggregate lot area measured to property lines.

LOT DEPTH

The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.

LOT LINE, FRONT

The boundary of a lot bordering on a street.

LOT LINE, REAR

The lot boundary line, not a front lot line or a rear lot line.

LOT LINE, SIDE

Any boundary line which is opposite and most distant from and not coterminous with the front lot line.

LOT WIDTH

The width of a lot measured 10 feet from the lot line on the narrowest portion of the lot.

LOT, CORNER

Any lot located at the intersection of, and having frontage on, two or more streets.

LOT, DOUBLE-FRONTAGE

Any lot with frontage on two parallel or approximately parallel streets.

MANUFACTURED HOME

MEDICAL USE CLINIC

An establishment occupied by one or more members of the medical or dental profession for the purpose of providing health services.

MERCHANDISE SALES

General retail related sales or durable and nondurable goods.

MIXED-USE

A land use pattern which provides for the integration of appropriate residential and nonresidential uses, both vertically and horizontally.

MUSEUMS AND OTHER CULTURAL INSTITUTIONS

NURSING HOME, HOSPICE

OPEN SPACE (WITHIN A LOT)

This type of parking exists on a dedicated public street within the right-of-way.

RESIDENTIALOpen space includes softscape, hardscape, driveways and other nonvertical structures that are permanent or semi-permanent.

NONRESIDENTIALOpen space includes softscape and/or hardscape areas of a site. Structures, parking lots, and drives shall not be counted towards open space.

OUTDOOR MARKET

An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

OUTDOOR STORAGE

The storage of goods outside of a building for sale or storage related to a principal use.

PARKING GARAGE

A structure for automobile storage/parking. The parking garage may serve uses such as residential developments, entire commercial districts, or a single use such as an office building.

POSTAL FACILITY, NEIGHBORHOOD

An area provided for self-parking by employees, visitors, residents, and/or patrons of a public/institutional, commercial, industrial, or multifamily residential use.

PARKS AND OPEN SPACE

PERMITTED USE

PERSONAL SERVICES

PRIVATE GARAGE

An accessory structure that typically accompanies a dwelling unit principal structure.

PROFESSIONAL OFFICE

PROFESSIONAL SERVICES

PUBLIC, RECREATIONAL FIELD/COURT

An area of public land used for traditional sports activities that include football, baseball, softball, soccer, field hockey, basketball, tennis, racquetball, volleyball, and running track.

PUBLIC/CIVIC USE

A facility utilized for public use by a government entity such as, but not limited to, municipal offices, libraries, or schools.

RECREATIONAL SERVICES/CENTER

Dance studios and schools;

Producers, orchestras;

Bowling centers;

Sports clubs;

Physical fitness facilities;

Amusement center;

Membership sports and recreation clubs;

(8)

Batting cages; and

(9)

Golf-course.

An establishment where food/drink is consumed on- or off-site, off-site consumption.

An establishment where food/drink is typically consumed on-site. This type of restaurant may include indoor or outdoor seating for serving and consumption of food on-site.

SATELLITE APPURTENANCE/DEVICE

Sale to the ultimate consumer for direct consumption or use and not for resale.

ROOM

SMALL ITEM REPAIR SERVICE

SETBACK

SIGHT TRIANGLE

A small item repair service shall be considered locksmith repair, watch repair, tool repair, shoe repair, and similar repair services.

STORAGE SHED

TEMPORARY USE

THEATER

A structure used for dramatic, operatic, motion pictures or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed.

TIENDITA

TOWER

TOWNHOUSE

One of a group of attached dwelling units divided from each other by common walls and each having a separate entrance leading directly to the outdoors at ground level.

TRANSPORTATION CENTER

Facilities including but not limited to bus, taxi, charter bus, and railroad stations or depots.

USE, ACCESSORY

Subordinate and incidental to a principal use or structure on the same lot.

USE, CONDITIONAL

UTILITIES

Minor structures and appurtenances associated with public or private utility companies to provide services to uses developed.

VARIANCE

VERTICAL STRUCTURE

§ 350-830.6 New Urbanism Zone districts.

Regulations governing zone districts.

Exhibit 6.1: Zone District Matrix - Commercial Zones
Land Use	Front Yard Setbacks (feet)	Rear Yard Setbacks (feet)	Side Yard Setbacks (feet)	Maximum FAR (floor area ratio)	Height (feet)	Minimum Open Space
MU-NC*	0 minimum 12 maximum	15	0	2.0 FAR	24 minimum 42 maximum	10%
MU-MSC*	0 minimum 12 maximum	15	0	4.0 FAR	24 minimum 65 maximum	10%
MU-CC*	10 minimum	15	0	2.0 FAR	24 minimum 64 maximum	10%

*	If purely residential uses are developed (not mixed-use) refer to STR-2 below for regulations.

Exhibit 6.2: Zone District Matrix - Residential Zones
Land Use	Minimum Lot Size (square feet)	Minimum Lot Depth (feet)	Minimum Lot Width (feet)	Front Yard Setbacks (feet)	Rear Yard Setbacks (feet)	Side Yard Setbacks (feet)	Maximum Density per acre (du/acre)	Height (feet)	Minimum Open Space
STR-1
SFD-Facing Street	4,050	90	45	6 minimum 17 maximum	20	0 or 4^(a)	10	35 maximum	30%
SFD-Not Facing Street	1,500	30	30	6 minimum 17 maximum	4	0 or 4^(a)	15	35 maximum	30%
SFA	1,120	70	16	6 minimum 17 maximum	4	0	15	35 maximum	20%
STR-2
SFD-Facing Street	2,800 or 4,050^(b)	70 or 90^(b)	40 or 45^(b)	6 minimum 15 maximum	4	0 or 4^(a)	18	35 maximum	20%
SFD - Not Facing Street	1,500	30	30	0 minimum 15 maximum	4	0 or 4^(a)	25	36 maximum	20%
SFA	1,120	70	16	0 minimum 15 maximum	4	0	25	60 maximum	20%

Notes:
^(a)	Up to 10% of the total SFD residential lots within the STR-1 and STR-2 Zone Districts may have a zero setback (i.e., 0 feet) on one side yard, provided that the other side yard setback is a minimum of 10 feet. All other SFD residential lots within the STR-1 and STR-2 Zone Districts shall have a minimum side yard setback of four feet.
^(b)	Up to 20% of the total land area within the STR-2 Zone District may have SFD - Facing Street residential lots with a minimum lot depth of 70 feet and a minimum lot width of 40 feet, corresponding to a minimum lot size of 2,800 square feet. All SFD-Facing Street residential lots shall have a minimum lot depth of 90 feet and a minimum lot width of 45 feet, corresponding to a minimum lot size of 4,050 square feet.

Supplementary regulations.

Side yard setback along a street shall be increased by a minimum of five feet.

Front side-entry attached garages shall have a minimum front yard setback of 15 feet (see Exhibit 6.2A).

Front-loaded garages shall be set back a minimum of 25 feet from the front lot line (see Exhibit 6.2B).

Exhibit 6.2A:

Lot Diagram: Front Side-Entry Attached Garage

Exhibit 6.2B:

Lot Diagram: Front-Loaded Garage

§ 350-830.7 Land use and zoning regulations.

Exhibit 7.1: Permitted Use Matrix
Permitted Use	Residential Zones		Commercial Zones
	STR-1	STR-2	MU-NC	MU-MSC	MU-CC
Animal shelter					x
Automotive service and repair < 5,000 square feet site				x
Automotive service and repair > 5,000 square feet site					x
Banking and financial services			x	x	x
Bed-and-breakfast = 8 rooms		x	x	x	x
Church or religious institution			x	x	x
Day/Child care - As regulated by state NM (< 10 kids in residential zones)			x	x	x
Drive-through facilities					x
Dwelling - SFA < 15 units/acre	x	x	x	x	x
Dwelling - SFA > 15 units/acre		x	x	x	x
Dwelling - carriage units/guest houses < 650 square feet	x	x	x	x	x
Dwelling - SFD	x	x	x	x	x
Gas station				x	x
Grocery < 20,000 square feet			x	x	x
Grocery > 20,000 square feet				x	x
Health club			x	x	x
Hospital					x
Hotel				x	x
Medical use - clinic			x	x	x
Merchandise sales			x	x	x
Museum and cultural institutions			x	x	x
Nursing home, hospice				x	x
Office < 15,000 square feet			x	x	x
Office > 15,000 square feet				x	x
Open space	x	x	x	x	x
Outdoor market			x	x	x
Parking garage				x	x
Park	x	x	x	x	x
Personal service			x	x	x
Professional service			x	x	x
Public/civic use	x	x	x	x	x
Restaurant <l 70 seats			x	x	x
Restaurant > 70 seats				x	x
School - elementary	x	x	x	x	x
School - middle	x	x		x	x
School — high	x	x		x	x
Theater (< 6 screens)				x
Theater (> 6 screens)					x

*	Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional Tiendita uses will not be permitted if such use is not explicitly identified on the original plat.

Exhibit 7.2: Accessory Use Matrix
Special Use	Residential Zones		Commercial Zones
	STR-1-SF	STR-2-SF	MU-NC	MU-MSC	MU-CC
Carport	x	x	x	x	x
Storage sheds < 200 square feet	x	x
Ground- or structure-mounted communication appurtenances	x	x	x	x	x
Private garage (detached)	x	x	x	x	x

Telecommunication structures, facilities, towers, and related accessory structures and uses shall be exclusively regulated by the Dona Ana County Chapter 350, the Unified Development Code.

Accessory Uses (and Structures) permitted in the rear yard area only.

Firewood pile, provided that the firewood is neatly stacked and does not exceed a height of five feet unless it is stacked against a permitted principal or accessory building.

Gardens.

Gazebo, provided it is located at least 10 feet from the principal building and any other accessory building or structure. Such buildings shall require the issuance of a building permit.

Jacuzzi/Hot tub. Such equipment shall require the issuance of a building permit.

Patio, not including a covered patio.

Permanent volleyball court.

[8]

Playhouse, provided it is located at least 10 feet from the principal building and any other accessory building or structure.

Swimming pool, provided it is located at least 10 feet from the principal building or any other accessory building or structure. A swimming pool shall require the issuance of a building permit.

Swing sets and gym sets.

Tennis court.

Similar items determined to be appropriate by the Zoning Administrator.

Accessory uses (and structures) permitted in any side or rear yard:

Basketball hoops.

Bird baths.

Flagpoles.

Fountains.

Lawn sculpture.

Religious statue.

Wishing well.

Similar items determined to be appropriate by the Zoning Administrator.

Balconies.

Covered patios or decks.

Enclosed porches.

Private garages (detached).

Detached garages are permitted or an interior lot line (i.e., zero lot line).

Detached garages that are alley-loaded shall be set back a minimum of four feet from the rear lot line.

Detached garages that are loaded from a street may be located on the rear lot line.

[d]

Detached garages shall be located a minimum of 10 feet from the principal building and any other accessory building or structure.

[e]

Detached garages shall not extend into the front yard without Planning and Zoning Commission approval.

No more than one accessory building 120 square feet or less in area and one accessory building larger than 120 square feet in area shall be placed on any residential lot less than one acre in area.

Conditional uses.

Conditional uses require a more detailed study prior to approval. The Zoning Administrator may require additional submittals in order to evaluate the potential effects of the use development.

Exhibit 7.3: Conditional Use Matrix
Conditional Use	Residential Zones		Commercial Zones
	STR-1-SF	STR-2-SF	MU-NC	MU-MSC	MU-CC
Accessory dwelling unit	x	x	x
Auditorium	x	x	x	x	x
Awnings	x	x	x	x	x
Bar			x	x	x
Bed-and-breakfast, < 8 rooms	x
Church or Religious Institution	x	x
Day/childcare - as regulated by state of NM (< kids in residential zones)	x	x
Drive-through facility				x
Storage sheds > 200 square feet				x	x
Home occupation (shall be exclusively regulated by the Dona Ana County Code Chapter 350, "Home Occupations")	x	x	x	x	x
Outdoor cafe			x	x	x
Outdoor storage				x	x
Parking lot			x	x	x
Recreation service/center	x	x	x	x	x
Tiendita*	x	x
Utilities (above ground structures)	x	x	x	x	x

*	Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional tiendita uses will not be permitted if such use is not explicitly identified on the original plat.

In approving a conditional use, the Zoning Administrator shall consider the following:

The intent and principles of the STR-1 Zoning District are implemented by the approval of the proposed use as the proposed location; and

The proposed use meets the conditions outlined herein and in § 350-830.8, Special provisions.

§ 350-830.8 Special provisions.

Administrative variances. An administrative variance request may be granted by the Zoning Administrator. The Zoning Administrator may grant administrative variances under the following circumstances:

The variance would represent a deviation of 10% or less from a numerical standard.

The Zoning Administrator finds that the request meets the standards set forth in Subsection B(6) below.

A denial by the Zoning Administrator under this subsection may be appealed to the Planning and Zoning Commission.

Application and hearing procedures.

A denial of a variance by the Planning and Zoning Commission may be appealed to the County Commission.

The following findings are required for approval of any variance:

Granting of the variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice.

Granting the variance will uphold the spirit and intent of this Appendix and accomplish substantial justice.

Conditional uses.

Accessory dwelling unit. Accessory dwelling units shall meet the following criteria:

The total dwelling area of such unit shall be no greater in size than 1/3 of the total dwelling area of the single-family unit;

The total dwelling area of such unit shall be greater in size than 650 square feet;

Legal title to such unit and single-family unit shall be held in the same name; and

Must comply with all other requirements for special use permits found in Chapter 350, the Unified Development Code, as well as paying the associated fees for a special use permit.

Outdoor cafes.

Outdoor cafes are permitted as a conditional use in the commercial zones but shall also be considered for tienditas.

Outdoor cafes shall be allowed on private property without a conditional use permit.

Outdoor cafes shall be allowed in public right-of-way as long as:

An encroachment permit is obtained in accordance with Subsection F of this section.

The outdoor eating area is enclosed/separated from the public travel area via a low fence/wall.

A minimum forty-two-inch clearance is maintained for pedestrian movement within the public walkway.

Adequate ingress to and egress from the outdoor eating area are provided.

Outdoor cafes serving alcohol meet all state standards and have an adequate liquor license in place.

Tienditas.

Tienditas shall have specific hours of operation identified as a condition of the conditional use permit.

Tienditas shall not sell, store, fabricate, generate, or produce noxious materials that may constitute a hazard for adjacent uses and structures.

Awnings.

Awnings are permitted as a conditional use in all the residential and commercial zones.

Awnings shall be allowed on private property without a conditional use permit.

Awnings shall be allowed in public right-of-way as long as:

An encroachment permit is obtained in accordance with Subsection F of this section.

The awnings do not protrude to a distance or height so as to create a danger to pedestrian or vehicular movement within the public walkway or public right-of-way.

Temporary uses. The purpose of this subsection is to identify specific temporary uses that may be conducted within listed zoning districts for certain time periods and under special conditions.

Submittal requirements. To obtain a permit for a temporary use, the following information must be provided for the permit:

A description of the temporary use.

Twenty-five percent of the parking area if there are 20 parking spaces or less;

Fifteen percent of the parking area if there are between 21 and 50 parking spaces;

Ten percent of the parking area if there are more than 50 parking spaces; and

The temporary use shall not obstruct disabled accessible parking spaces.

The date the temporary use will start and end and hours of operation.

Time limitations.

Temporary uses are restricted to the time limits and zoning districts listed below.

Christmas tree stands: Sales of Christmas trees shall not occur before November 15 or after December 31. Permitted in MU-MSC and MU-CC Zones.

Flea markets: Temporary flea markets shall operate for no more than 30 calendar days at one location in a calendar year. Permitted in MU-MSC and MU-CC Zones.

Kiddie ride carnival and exhibits: These uses shall be permitted for no more than 14 calendar days at a single location one time in a calendar year. Permitted in MU-NC, MU-MSC, and MU-CC Zones.

Special events: These events shall be permitted for no more than 14 calendar days at a single location one time in a calendar year. Permitted in MU-MSC and MU-CC Zones.

Fences and walls. Fences and walls are permitted accessory uses in all districts and are further regulated as follows:

Zoning permit.

Fence and wall location.

No fence in the vision clearance triangle shall exceed 2.5 feet in height above mean street grade.

All walls and fences shall require a building permit.

Walls and fences constructed as part of a master planned subdivision may be constructed straddling lot lines.

Retaining walls constructed after original development shall be located such that no part of the wall or footing is outside the property boundaries (i.e., no encroachment on adjacent property).

Fences shall be located outside of easement areas unless Planning and Zoning Commission approval is granted to place a fence in or on the easement.

Fence and wall construction.

All structural and support components of a fence shall face away from adjacent properties.

All fences shall be constructed in such a manner and of such materials and colors as to not adversely affect the appearance of the neighborhood or adjacent property values.

Permissible fence and wall materials:

Rock and mortar walls.

Solid masonry.

Brick and mortar.

Split-faced CMU. CMU must have integral earthtone color.

Wrought iron.

Stucco (finish).

Panelized system if reviewed and approved by the Zoning Administrator.

Prohibited fence materials/colors:

Smoothed-faced CMU, unless covered with a stucco finish.

Plain concrete colored CMU.

All walls shall have adequate footings such that they remain in a straight and plumb condition.

Chain-link fences shall be allowed only in public recreational field/court conditions no perimeter boundaries or for civic use subject to the conditional use provisions in § 350-830.7C(2).

Encroachments.

Encroachment permits.

Persons seeking to obtain encroachments into or onto public rights-of-way or other public property shall follow the following procedure:

An application shall be submitted to the Zoning Administrator requesting an encroachment permit.

The Zoning Administrator shall:

Prepare a staff report and forward to the Planning and Zoning Commission;

Set a Planning and Zoning Commission public hearing date;

Notify the public. Notification to occur through the posting of the Planning and Zoning Commission agenda.

The Planning and Zoning Commission shall hear the comments in response to the application and shall either:

Approve;

Approve with additional conditions; or

Deny the application.

The Zoning Administrator shall notify the applicant of the final decision within 10 days of the Planning and Zoning Commission meeting.

The issuance of an encroachment permit by the Planning and Zoning Commission shall require the payment of a fee as established in Chapter 179, Fees and Permits, in the Code of Dona Ana County.

Signs. Signs shall be regulated exclusively by Dona Ana County Chapter 350, Unified Development Code, Article V, Zoning Districts and Regulations, § 350-508, Signs.

§ 350-830.9 Parking requirements.

Definitions.

ASSISTED LIVING

A large room to accommodate an audience in a building such as a school or theater, or an indoor or outdoor facility to hold public meetings or performances.

BACK-OUTS

Additional area within a parking lot to adequately assist vehicles backing out of spaces with the proper turning radius.

CLINIC

A facility which is often associated with a hospital or medical school that is devoted to the diagnosis and care of outpatients.

DAY/CHILD CARE

Child-care center, group child-care home, family child-care home, preschool, nursery school, day nursery, kindergarten and similar uses shall be in accord with state licensing requirements.

One building arranged, intended or designed to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

A residential structure on a private lot or lots, which is attached to other units horizontally or vertically.

A residential structure on a private lot, detached from other units and designed for and occupied by no more than one family for living purposes.

GROSS SQUARE FEET (GSF)

Total building area measured from outside walls. For example, a building that is 60 feet by 100 feet would have a gross square footage of 6,000 square feet.

LONG-TERM PARKING/STORAGE

HOTEL/LODGING

One or more buildings providing temporary lodging primarily to persons who have residences elsewhere or both temporary and permanent lodging in guest rooms, or apartments.

INDEPENDENT LIVING

A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility.

LANDSCAPE ISLAND

Space reserved within a parking lot to certain landscaping.

LIBRARY

A publicly operated facility housing a collection of books, magazines, multi-media, or other material for use by the general public.

An area dedicated for the storage of household goods or the parking of boats, trailers, and other larger vehicles for a period of 30 days or more.

MULTIFAMILY

Three or more dwelling units attached with a common wall. Multifamily units may also have shared common amenities on the property.

MUSEUM

A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical or artistic value.

Areas within the right-of-way of a public street that are designated to parking. This parking is typically designed to be parallel or angled.

OPACITY

An object or group of objects that causes an area to be of obscurity or impenetrability.

An area provided for self-parking by employees, visitors, residents, and/or patrons of any public/institutional, commercial, industrial, or multifamily residential use.

RECREATIONAL VEHICLE

Pickup campers, either mounted or nonmounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping, or travel uses.

Recreational vans or converted and chopped vans or other vehicles which are either initially constructed or converted to contain living quarters for recreation, camping or travel uses.

Trailers, boats, etc.

An establishment where food/drink is consumed on or off-site. This establishment may include a drive-through operation where food/drink is purchased for off-site consumption.

An establishment where food/drink is typically consumed on-site. This type of restaurant may include indoor or outdoor seating for serving and consumption of food on-site.

Sale to the ultimate consumer for direct consumption or use and not for resale.

SENIOR HOUSING/ASSISTED LIVING

SPORTS FIELD

This area is designated as recreational sporting facilities to include baseball, softball, or full-size soccer uses.

YEAR-ROUND LANDSCAPING

Coniferous landscape material that does not lose its foliage. Foliage exists all year long.

Parking spaces required.

Residential.

Single-family dwellings:

Single-family detached: two off-street spaces per dwelling.

Single-family attached: 1.5 off-street spaces per dwelling on average.

Two-car garages are required for all single-family detached residential dwellings.

One-car garage is required for all single-family attached residential dwellings.

Multiple-family dwellings; senior housing-independent living:

Studio or one-bedroom: one off-street space.

Two bedrooms: 1.75 spaces.

Three bedrooms or more: 2.25 spaces.

0.5 space per unit for guest parking.

On-street parking adjacent to the site can count toward guest parking.

Senior housing-assisted living:

0.5 space per dwelling unit.

0.2 space per unit for guest parking.

0.2 space per unit for employee parking.

On-street parking adjacent to the site can count toward guest parking.

Nonresidential uses:

Auditorium: one space per 200 gross square feet.

Churches: one space per five seats.

Day/Child care: two spaces, plus one additional space per 10 children, plus 0.75 space per every employee.

Hospitals: two spaces per room.

Library/Museums: one space per 300 gross square feet.

Lodging: 0.75 space per room; one per employee.

Office: one space per 300 gross square feet.

Restaurants and clinics: one space per 200 gross square feet.

(i)

Retail merchandising: one space per gross square feet.

(j)

(k)

Sports field: 30 spaces per field.

On-Street parking credit.

Exhibit 9.1. On-Street Parking

Off-street parking credit (MU-NC and MU-MSC Zones only).

This off-street parking credit should only account for no greater than 50% of the total required spaces.

The uses upon which the parking agreement/lease is approved shall not be changed without the Zoning Administrator's approval.

Dedicated parking spaces via lease or the shared parking agreement shall be established for off-site spaces.

Divesting ownership or terminating lease of the required parking spaces shall result in termination of the zoning permit until the deficiency is rectified.

Shared parking.

To reduce the amount of land dedicated to parking lots, an applicant may propose a parking strategy using shared parking and differential time use.

The minimum lease for this parking agreement would be five years.

The Zoning Administrator shall have the authority to approve such a parking strategy, through a zoning permit, that ultimately meets the parking requirements identified in Subsection B(1) through (4) above, after determining that adequate parking is provided for the proposed uses.

The uses upon which the parking agreement/lease is approved shall not be changed without the Zoning Administrator's approval.

Divesting ownership or terminating lease of the required parking spaces shall result in termination of the use permit until the deficiency is rectified.

Parking lots.

Location

Parking lots shall in general be located behind the principal building.

Parking lots shall be set back a minimum of six feet from a public street to accommodate adequate screening.

Surfacing

All off-street parking areas and aisles shall be graded and surfaced to be property drained.

Parking areas shall be paved with concrete or asphalt surfacing, or with special paving materials such as brick.

Landscaping.

All off-street parking areas which serve 20 vehicles or more shall be provided with landscape islands within the parking lot totaling not less than 5% of the surfaced area.

The minimum size of each landscape island shall be 170 square feet (see Exhibit 9.2).

Landscape islands shall consist of trees, shrubs, and other low-water plantings (see Exhibit 9.3).

Any landscape island less than 170 square feet shall not count towards the requirements.

One canopy tree shall be provided for every 15 parking spaces.

Canopy trees must be evenly distributed throughout the parking lot.

Structurally covered or underground motor vehicle parking spaces are not included in calculating the required number and location of canopy trees.

Exhibit 9.2. Landscape Island

Exhibit 9.3. Landscaped Island Example

Screening.

All commercial and multifamily parking lots shall be screened from all adjacent residential uses.

Screening shall be between 30 inches to 42 inches in height.

Low masonry walls, fences, and/or landscaping that provides minimum 75% opacity for the length of the screening counts as screening.

All landscape screening shall be year-round.

Size of parking stalls and drive aisles

The minimum dimensional requirements for parking stalls and driving aisles are shown in the following table (Exhibit 9.4).

Exhibit 9.4: Parking Stall Requirements
Parking Angle	Stall Width (feet)	Stall Length (feet)	Stall Base (feet)	Stall Depth (feet)	Width of One-Way Aisle (feet)	Width of Two-Way Aisle (feet)
30°	9	19	18	17.3	11	24
45°	9	19	12.7	19.8	13	24
60°	9	19	10.4	21	18	24
90°	9	20	9	20	24	24
0° (parallel)	9	22	22	9	12	22

General notes:

All parking lot designs shall have primary ingress and egress to a public street, access easement or alley.

Circulation within a parking lot shall be designed to minimize aisles with one inlet/outlet. Aisles with only one inlet/outlet shall provide "back-outs" for end spaces (see Exhibit 9.5).

Exhibit 9.5. Back-Outs

All parking spaces abutting walkways are buildings shall provide parking stops.