(11)   Construction work. No clearing or construction work shall commence prior to the issuance of a zoning permit. If a contractor or owner prior to the issuance of a zoning permit begins any clearing or construction, the cost of the zoning permit when issued, will be double the ordinary permit cost as established by Elephant Butte City Council Resolution in addition to any cost assessed by the Municipal Court.

      (13)   Permit and new construction. At the time a zoning permit is issued for any new construction, remodeling, expansion or any other purpose for which a building permit is also required, the applicant must advise the City of Elephant Butte of the date of completion. Except for good cause shown, all the construction must be completed with 12 months of date zone permit issued. For any project requiring more than 12 months, a completion schedule will be required. The zoning permit will expire and become null and void at the end of the agreed time schedule.

      (2)   Accessory buildings and structures. Accessory buildings or structures including, but not limited to, garages, storage sheds, and noncommercial greenhouses. Not more than six accessory buildings or structures shall be permitted per lot. The combined square footage of all buildings and structures, including the principal building or structure and all accessory buildings or structures, shall not exceed the limitations on lot coverage contained herein.

         (a)   There shall be no water run-off on an adjacent property caused by an accessory building structure. Side gutters may be required by the Zoning Administrator.

         (b)   Accessory buildings shall be no less than ten feet from main use or structure and in conformance with the front setback.

         (c)   Un-walled metal carports may be adjacent to main use or structures and no closer than five feet from property lines in yards other than the primary front yard. Such carports may not encroach in the clear-sight triangle.

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Child care center (6 or fewer children);

      (2)   Group residences for special needs;

      (3)   Public parks, playground, ball fields or tennis courts;

      (4)   Church;

      (5)   Community or municipal building;

      (6)   If all other conditions for R-1-A are met and the lot size is a minimum 2.0 acres, a kennel may be a conditional use providing noise and odor is not a nuisance;

      (7)   Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, state and federal regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.

         (i)   The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Non-transferable: Home-based business registrations may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.

      (1)   No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.

      (3)   No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent. No tent or non-structural cover may be used as a permanent accessory building.

      (4)   Display, storage or parking of vehicles, equipment, goods and other property shall not be permitted in the public right-of-way.

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof except as follows.

         (a)   Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;

         (b)   Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;

         (c)   Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance. Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.

         (d)   The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions:

            1.   A maximum of 12 female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.

            2.   There shall be no age restrictions on keeping of female chickens (hens).

            3.   No roosters may be kept.

            4.   No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.

            5.   All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least 4 feet in height.

         (e)   The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.

            1.   Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte; and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of 12 female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.

            2.   Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.

            2.   No pen or coop may be closer than 20 feet to any property.

            3.   The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.

            4.   Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.

            5.   Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.

            6.   Animal waste shall be removed from the premises on a regular basis, to comply with Chapters 90 and 135 of the City Code.

      (7)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from 1 collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; Am. Ord. 154, passed 6-17-2015; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, 8-18-2021; Am. Ord. 207, passed 3-15-2023)

         (a)   Front setback   20 feet;

         (b)   Side setback   5 feet, or 10 feet when abutting BLM or BOR land; and

         (c)   Rear setback   5 feet, or 10 feet when abutting BLM or BOR land.

         (a)   There shall be no water run-off on an adjacent property caused by an accessory building structure. Side gutters may be required by the Zoning Administrator.

         (b)   Accessory buildings shall be no less than ten feet from main use or structure and in conformance with the front setback.

         (c)   Un-walled metal carports may be adjacent to main use or structures and no closer than five feet from property lines in yards other than the primary front yard. Such carports may not encroach in the clear-sight triangle.

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Child care center (6 or fewer children);

      (2)   Group residences for special needs;

      (3)   Public parks, playground, ball fields or tennis courts;

      (4)   Church;

      (5)   Community or municipal building;

      (6)   If all other conditions for R-1-B are met and the lot size is a minimum 2.0 acres, a kennel may be a conditional use providing noise and odor is not a nuisance;

      (7)   Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, State and Federal Regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.

         (i)   The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Non-transferable: home-based business registrations may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.

      (1)   No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.

      (3)   No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent. No tent or non-structural cover may be used as a permanent accessory building.

      (4)   Display, storage or parking of vehicles, equipment, goods and other property shall not be permitted in the public right-of-way.

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof except as follows:

         (a)   Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;

         (b)   Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;

         (c)   Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance. Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.

         (d)   The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions:

            1.   A maximum of 12 female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.

            2.   There shall be no age restrictions on keeping of female chickens (hens).

            3.   No roosters may be kept.

            4.   No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.

            5.   All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least four feet in height.

         (e)   The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.

            1.   Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte, and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of 12 female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.

            2.   Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.

            2.   No pen or coop may be closer than 20 feet to any property.

            3.   The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.

            4.   Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.

            5.   Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.

            6.   Animal waste shall be removed from the premises on a regular basis, to comply with Chapters 90 and 135 of the City Code.

            7.   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; Am. Ord. 154, passed 6-17-2015; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 207, passed 3-15-2023)

         (a)   Front setback   20 feet;

         (b)   Side setback   5 feet, or 10 feet when abutting BLM or BOR Land; and

         (c)   Rear setback   5 feet, or 10 feet when abutting BLM or BOR Land.

         (a)   There shall be no water run-off on an adjacent property caused by an accessory building structure. Side gutters may be required by the Zoning Administrator.

         (b)   Accessory buildings shall be no less than ten feet from main use or structure and in conformance with the front setback.

         (c)   Un-walled metal carports may be adjacent to main use or structures and no closer than five feet from property lines in yards other than the primary front yard. Such carports may not encroach in the clear-sight triangle.

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Child care center (6 or fewer children);

      (2)   Group residences for special needs;

      (3)   Public parks, playground, ball fields or tennis courts;

      (4)   Church;

      (5)   Community and municipal building; and

      (6)    Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, state and federal regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.

         (i)   The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Non-transferable: home-based business registrations may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.

      (1)   No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.

         (a)   Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;

         (b)   Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;

         (c)   1.   Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance.

            2.    Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.

         (d)   The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions;

            1.   A maximum of 12 female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.

            2.   There shall be no age restrictions on keeping of female chickens (hens).

            3.   No roosters may be kept.

            4.   No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.

            5.   All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least four feet in height.

         (e)   The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.

            1.   Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte; and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of 12 female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.

            2.   Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.

            2.   No pen or coop may be closer than 20 feet to any property.

            3.   The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.

            4.   Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.

            5.   Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.

            6.   Animal waste shall be removed from the premises on a regular basis, to comply with Chapters 90 and 135 of the City Code.

      (4)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; Am. Ord. 154, passed 6-17-2015; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, passed 8-18-2021; Am. Ord. 207, passed 3-15-2023)

         (a)   Front setback: 5 feet;

         (b)   Side setback:   5 feet, a total minimum ten-foot separation between units will be maintained, excluding un-walled metal carports, which may be placed two feet from the side property boundary providing that no portion of the carport overhangs closer than two feet to the property line; and

         (c)   Rear setback:   5 feet.

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Public parks or playground;

      (2)   Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, State and Federal Regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business. Non-transferable: home-based business registration may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.

      (3)   Accessory buildings or structures in excess of the number permitted per lot.

      (1)   No residential lot less than 1-1/2 acres may be subdivided for any purpose other than to increase the size of each adjoining lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until the time as a sewer system shall be available, at which time the facility shall be connected within the time limit as established by the City of Elephant Butte by ordinance.

      (3)   No basement, tent, garage or other accessory buildings or structures may be used as a primary residence, temporary or permanent.

      (4)   No vehicle may remain parked on a public right-of-way for more than 3-consecutive days (72-consecutive hours). Vehicles which exceed this time limit will be towed at the owner’s expense.

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl shall be kept or permitted to remain on any of the land or part thereof.

      (6)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from 1 collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 143, passed 5-21-2014; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020)

         (a)   Front setback: 5 feet; 10 feet if adjacent to Bureau of Land Management;

         (b)   Side setback:   5 feet or if built to fire standards of UBC; and 10 feet if adjacent to Bureau of Land Management; and

         (c)   Rear setback:   5 feet; 10 feet if adjacent to Bureau of Land Management.

      (10)   Additional structures. No other structure may be erected until the time as a house is on the lot or is simultaneously placed or built on the lot. Before a zoning permit may be issued for simultaneous construction of a house and garage, the applicant must present construction drawings for the house to the Code Enforcement Officer. These drawings must be the ones that will be submitted to Construction Industries Division for application for a building permit or Manufactured Home Division for dwelling placement. Not less than 90 days following the date construction is begun on any other structures, construction of the home must begin. This 90 day time limit will be indicated on the zoning permit at the time of issuance. It is expected that the Code Enforcement Officer will establish this date with the agreement of the property owner or the person applying for the zoning permit. If for good cause construction is not begun the property owner and/or the contractor must notify the Code Enforcement Officer of the delay not later than 10 days prior to the 90-day deadline. The Code Enforcement officer may determine with the home owner a reasonable time delay but this must receive concurrence of the Planning and Zoning Commission at the next scheduled meeting. Under no circumstances may this delay exceed an additional 90 days. Failure to comply with this process will result in the issuance of a citation and an appearance in Municipal Court.

      (1)   One dwelling unit per lot, site built, manufactured or modular home;

      (3)   Storage of a boat, camper, trailer or other recreational vehicle provided it is not used as additional living quarters and is not permanently connected to utilities;

      (4)   Public utility structure provided its location is based on The City of Elephant Butte Comprehensive Plan approved by the City Councilors; and

      (5)   Garage sale, yard sale, or similar use:

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Public parks, playground;

      (2)   Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, state and federal regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2 square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of business.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.

         (i)   The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Non-transferable: home-based business registrations may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.

      (3)   Accessory buildings or structures in excess of the number permitted per lot.

      (1)   No residential lot less than 1-1/2 acres may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until the time as a sewer system shall be available, at which time the facility shall be connected within the time limit as established by the City of Elephant Butte by ordinance.

      (3)   No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent.

      (4)   No vehicle may remain parked on a public right-of-way for more than 3-consecutive days (72-consecutive hours). Vehicles which exceed this time will be towed at the owner’s expense.

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof.

      (6)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from 1 collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 157, passed 8-5-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 192, passed 3-17-2021)

 

 

      (10)   No clearing or construction work shall commence prior to the issuance of a zoning permit. If a contractor or owner prior to the issuance of a zoning permit begins any clearing or construction, the cost of the zoning permit when issued, will be double the ordinary permit cost as established by Elephant Butte City Council Resolution in addition to any cost assessed by the Municipal Court.

      (11)   No other structure may be erected until such time as a house is on the lot or is simultaneously placed/built on the lot. Before a zoning permit may be issued for simultaneous construction of a house and garage, the applicant must present construction drawings for the house to the Code Enforcement Officer. These drawings must be the ones that will be submitted to Construction Industries Division for application for a building permit or Manufactured Home Division for dwelling placement. Not less than 90 days following the date construction is begun on any other structures, construction of the home must begin. This 90-day time-limit will be indicated on the zoning permit at the time of issuance. It is expected that the Code Enforcement Officer will establish this date with the agreement of the property owner or the person applying for the zoning permit. If for good cause construction is not begun the property owner and/or the contractor must notify the code enforcement officer of the delay not later than 10 days prior to the 90-day deadline. The Code Enforcement officer may determine with the home owner a reasonable time delay but this must receive concurrence of the Planning and Zoning Commission at the next scheduled meeting. Under no circumstances may this delay exceed an additional 90 days. Failure to comply with this process will result in the issuance of a citation and an appearance in Municipal Court.

      (12)   A zoning permit will be required when the floor area does not exceed 120-square feet. If the permit is received prior to the construction no fee will be charged.

      (13)   At the time a zoning permit is issued for any new construction, remodeling, expansion or any other purpose for which a building permit is also required, the applicant must advise the City of Elephant Butte of the date of completion. Except for good cause shown, all such construction must be completed with 12 months of date zone permit issued. For any project requiring more than 12 months, a completion schedule will be required. The zoning permit will expire and become null and void at the end of the agreed time schedule. A variance must be requested to show cause for any extension. The city shall not apply the provisions of this section in an arbitrary or capricious manner.

      (1)   No residential lot less than 1.5 acres may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility must be connected thereto within 12 months.

      (3)   No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent.

      (4)   No vehicle may remain parked on a public right-of-way for more than 3-consecutive days (72 hours). Vehicles which exceed this time limit will be towed at the owner’s expense.

      (5)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.

      (6)   This chapter shall apply to any animals considered to be livestock. These animals include, but are not limited to, horses, cattle, pigs, sheep, goats, rabbits, fowl or alpacas. The preceding list is to be construed as an example of agricultural animals or livestock, and not to be construed as a limitation to the animals specifically listed herein.

      (7)   The mere keeping of livestock does not constitute a nuisance unless the livestock/agricultural animals are kept in such a manner as to violate the specific provisions of this chapter.

      (8)   No animal waste shall be permitted to enter any irrigation ditch or adjacent property.

      (9)   All owners or operators of properties containing livestock must develop and maintain a system to mitigate insects or pests attracted to animals or to animal waste.

      (10)   Any person with more than one cow, horse, mule or donkey per 10,000 square feet of open lot area or more than 2000 square feet of open lot area for any other livestock must submit to the City of Elephant Butte Planning and Zoning Commission a drainage plan, waste management plan, dust mitigation plan and vermin/pest mitigation plan. A Planning and Zoning Commission denial or approval may be appealed to the Council of the City of Elephant Butte. The City of Elephant Butte retains the right to require changes to the plan if the approved plan is not accomplishing the intended effect.

      (1)   One dwelling unit per lot of record.

      (2) Accessory building, structure, or use customarily incidental to and on the same lot with a permitted use, including garages, barns, corrals, and animal pens.

      (3) Agricultural activities, including the raising, harvesting, and storage of fruits, vegetables, grain, hay, and feed, poultry, rabbit, and the keeping and raising of livestock for non-commercial purposes. A maximum of 2 horses/mules, 2 cows/calves, 15 confined chickens/poultry. Poultry not allowed are Peacocks and Roosters, Emus and all large, loud, and aggressive poultry The keeping and raising of Pigs will be allowed only under the supervision of a 4 H or FFA project Advisor and may not exceed 8 animals. All requirements of the projects must be maintained and the specific written approval of all residents within 300 feet of the property must be obtained. Horses must be fenced in, and barns or stables must be at least 25 feet inside private property line if it adjoins.

      (4)   No commercial livestock operations shall be permitted.

      (5)   Parking incidental to uses permitted in this zone.

      (6)   Home Occupations are permitted with Planning and Zoning approval.

      (7)   Public parks and accessory uses customarily incidental to that use.

      (8)   Outdoor storage of materials incidental to agricultural uses is permitted as long as it is orderly and not a threat to health, safety and welfare up to 1,000 square feet in area per acre.

      (9)   Storage of 2- inoperable motor vehicles provided they are completely screened by a solid fence from the public right of way and/or adjacent properties. Agricultural vehicles are excluded from this regulation.

      (10)   Garage sales, estate sales, home distributor parties, trunk shows or other similar activities provided the activity does not run for more than 3-consecutive days and is conducted a maximum of four times a year.

      (1)   Childcare facilities provided the facility abides by The City of Elephant Butte and State regulations, and traffic, noise and hours of operation are mitigated.

      (2) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

      (3)   Place of worship, excluding a Megachurch.

      (4)   Bed and breakfast establishments with 4 or fewer guestrooms, providing the premise has access to city water and sewer or obtains a wastewater permit from the NMED stating the maximum flow rate on the parcel.

      (5)   Government buildings and accessory uses customarily incidental to that use.

      (6)   Outdoor recreational facilities accessory to public or private schools, educational facilities or learning centers.

      (7)   Cannabis producers, vertically integrated cannabis establishments that produce cannabis, cannabis producer microbusinesses and integrated cannabis microbusinesses that produce cannabis.

         (a)   Cannabis producers that cultivate cannabis plants indoors must use industry-standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.

         (b)   The above conditional uses shall not be approved if the applicant proposes to operate out of a dwelling unit or an accessory structure to a dwelling unit. This conditional use is premised on the applicant operating out of a structure that is entirely distinct from and not subordinate to a dwelling unit.

      (1)   The maximum height limit is 26 feet for buildings and structures with exception for the following structures and uses, which shall have a maximum height of 40 feet:

         (a)   Non-commercial towers regulated by the Federal Communication Commission and the requirements found in § 155.033(G)(23).

         (b)   Belfries.

         (c)   Chimneys.

         (d)   Flag poles.

         (e)   Windmills.

      (2)   Fences and Walls

         (a)   No open fence shall exceed 6 feet in height.

         (b)   No solid wall or fence located within the rear or side setback area shall exceed 6 feet in height.

         (c)   No solid wall or fence located within the front setback area shall be more than 4 feet in height along the public right of way.

         (d)   No solid wall or fence shall be located within the clear-sight triangle of a driveway and a public or private right-of-way.

         (e)   A wall that is solid for 25% or less of the total length of the property at a maximum height of 6 feet, is considered an open fence/wall. Openings provided for the ingress and egress of motor vehicles shall not be included for the purpose of this calculation.

(Ord. 94, passed 8-3-2006; Am. Ord. 97, passed 11-1-2006; Am. Ord. 142, passed 11-20-2013; Am. Ord. 157, passed 8-5-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 198, passed 8-18-2021)

         (a)   Front setback: 30 feet;

         (b)   Side setback:   5 feet; and

         (c)   Rear setback:   5 feet.

         (a)   There shall be no water run-off on an adjacent property caused by an accessory building structure. Side gutters may be required by the Zoning Administrator.

         (b)   Accessory buildings shall be no less than ten feet from main use or structure and in conformance with the front setback.

         (c)   Un-walled metal carports may be adjacent to main use or structures and no closer than five feet from property lines in yards other than the primary front yard. Such carports may not encroach in the clear-sight triangle.

         (a)   Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.

         (b)   A sale shall not exceed 3-consecutive days.

         (c)   All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.

      (1)   Child care center (6 or fewer children);

      (2)   Group residences for special needs;

      (3)   Public parks, playground, ball fields or tennis courts;

      (4)   Church;

      (5)   Community municipal building; and

      (6)   Home-based business provided that:

         (a)   In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.

         (b)   Proprietors shall be in complete compliance with this code and all other current local, state and federal regulations. Failure to comply may result in revocation of the home-based business registration.

         (c)   The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.

         (d)   It does not change the residential character of the neighborhood.

         (e)   One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.

         (f)   No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.

         (g)   There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.

         (h)   Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.

         (i)   The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Revocation of home-based business permits: Failure of the applicant to abide with the terms of the home-based business permit shall be cause for immediate revocation of the permit. Non-transferable: Home-based business permits may not be transferred from location to location. Prior to moving a home-based business owner or agent of the business must apply for and receive a new permit for the proposed new location.

      (1)   No residential lot less than 1-1/2 acres may be subdivided for any purpose other than to increase the size of each adjoining lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until the time as a sewer system shall be available, at which time the facility shall be connected thereto within 12 months.

      (3)   No basement, tent, garage or other accessory buildings or structures may be used as a primary residence, temporary or permanent.

      (4)   No vehicle may remain parked on a public right-of-way for more than 3-consecutive days (72-consecutive hours).

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof.

      (6)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from 1 collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, passed 8-18-2021)

 

      (1)   Primary permitted use is to provide for commercial and retail uses which serve both local and transient trade. This district is intended for areas adjoining arterial and collector streets where a wide range of service facilities are appropriate as land uses. Limited single-unit residential uses shall also be deemed consistent with this zoning district.

      (2)   Except as otherwise permitted for temporary mobile vending, all uses shall be conducted from a structure meeting the requirements of the International Building Code for commercial structures, the New Mexico Uniform Building Code for commercial structures, or HUD Zone II multi-section manufactured homes as applicable to commercial structures. All site built or modular structures shall be affixed to permanent foundations. Multi-section manufactured homes meeting the requirements of HUD Zone II as applicable to commercial structures may be affixed to a permanent foundation or may be installed according to manufacturer's specifications, provided, that installation of any multi-section manufactured home shall include masonry or metal skirting around the entire structure, to be installed prior to issuance of an occupancy permit, and shall have access panels as required by any applicable fire code.

      (3)   Signs shall conform with the provisions of Chapter 152 and the corresponding city sign guidelines, and shall not otherwise be subject to the setback provisions contained herein.

      (4)   Minimum setbacks.

         (a)   Standard front setback: 20 feet except where a public right-of-way or easement along the front yard require additional structural setbacks. In no case may a structure encroach into a public-right-of-way.

         (b)   Standard interior side and rear setbacks: ten feet.

         (c)   Corner side setback: 15 feet.

         (a)   Site plan submission required. In all applications, a site plan must be submitted for approval consisting of a scaled drawing or map of the property showing the location of existing and proposed streets, driveways, parking and loading sites, pedestrian walks, structures, drainage improvements, landscaped areas, lighting, refuse/solid waste, utility easements, setbacks, and location of the septic tank, if any. If the septic system is not on the property, the site plan must indicate the lines going to and the location of the area where the group/community septic system is located.

         (b)   The submission shall be considered as part of the entire application as required within § 155.006(E) and its successors of this chapter. C-2 zoning district applications shall additionally address parking, driveway, traffic circulation and access points. Ingress and egress routes shall be limited to a total of two access points onto a lot and not exceed 28 feet in width for each access point. The site plan, parking plan and landscaping plan shall depict the location and dimensions of these access points and ensure they are defined and demarcated upon construction.

      (2)   There shall be no water run-off on an adjacent property caused by any building structure.

      (3)   Side gutters, downpours, channels, culverts, retention and detention ponds and/ or any other means of control specifically authorized in Chapter 154 may be required by the Zoning Administrator or Planning and Zoning Commission.

   (E)   Solid waste requirement. Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance. Solid waste storage, collection and disposal shall be specifically addressed within each site plan application.

      (1)   Professional offices;

      (2)   Eating establishments;

      (3)   Package alcohol sales;

      (4)   Personal service establishments;

      (5)   Retail sales and service establishments, and boat, RV and vehicle repair;

      (6)   Indoor theaters and related entertainment establishments;

      (7)   Studios;

      (8)   Veterinary and kennel establishments;

      (9)   Farmers markets;

      (10)   Charitable or school sponsored drop-off bins for recycling of cans, newspapers or similar items, for drop-off of clothes or small items. Bins shall be located in the parking lots of businesses within the C-2 zone or other public or semipublic property when written permission is granted by the property owner or business owner. The bins shall be kept in a neat and orderly manner;

      (11)   Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales subject to not more than 40-calendar days of site occupation and operation in any 1-calendar year;

      (12)   Outdoor display and sales located within commercial zoned properties subject to the appropriate conditions of this code. Items for display and sales are restricted to regularly stocked merchandise;

      (13)   Public parks, public facilities and accessory uses customarily incidental to that use;

         (a)   Special activities as designated by the City Council or City Manager shall be considered incidental uses, providing they meet all other applicable provisions in the city code, including the regulations set forth herein.

         (b)   Special activities shall also meet the requirements for temporary uses and shall obtain a temporary use permit from the Zoning Administrator upon satisfactorily meeting all provisions of the city zoning code.

      (14)   Institutions such as:

         (a)   Clubs;

         (b)   Library; and

         (c)   Museum.

      (15)   Health/fitness facility/spas;

      (16)   Hotels or motels;

      (17)   Galleries;

      (18)   Medical or dental clinic;

      (19)   Research and development, scientific design and associated testing and evaluation; and

      (20)   Municipal and other government offices or facilities.

      (21)   Residences located within Scotts Dale area must meet all requirements of the R-1-B Zone found in §§ 155.027(C) through (I).

         (a)   Storage containers shall be located to the side of or behind the principal structure, and shall not be located in any public right-of-way, fire access lane or landscaped area.

         (b)   Vertical stacking of storage containers and stacking of any other materials on top of or around any storage container shall be prohibited.

         (c)   Storage containers must be kept in good repair, be uniform in appearance and free from graffiti, be secured against unauthorized entry, and comply with applicable health and fire regulations. A storage container that is not in good repair may include, but is not limited to, graffiti, being incapable of being moved intact, having holes in the container due to damage or rust, or being infested with vermin or other pests.

         (d)   A storage container shall not be used as a dwelling or living quarters, nor for camping, cooking or recreational purposes for any period of time.

         (c)   Temporary use. In the absence of an approved site plan that includes provisions for mobile retail vending, the owner or lessee of real property may apply to the Zoning Administrator for approval of a temporary permit for mobile vending for a designated period of time, not exceeding five consecutive days. A temporary use may only be issued once per vendor per lot within a 12-month period. Additional requests must be included within an approved permanent site plan. The applicant shall present such diagrams or other materials as the Zoning Administrator may determine to be sufficient. The Zoning Administrator shall have authority to approve or deny the application, subject to appeal as otherwise provided for actions of the Zoning Administrator.

         (d)   Only one mobile retail vendor may operate on a property at a given time unless a permanent site plan has been approved authorizing additional vendor spaces in accordance with this section. In no case may a mobile retail vendor occupy or temporarily obstruct public rights-of-way.

            1.   All activities shall be conducted entirely on the property of the applicant, and the goods, wares, merchandise or services shall be displayed in such a manner that will not encroach upon any public right-of-way.

            2.   The goods, wares, merchandise or services shall be displayed in such a manner as not to impede motor vehicle traffic or pedestrian traffic, or that creates any hazard by obstructing the view of motor vehicle traffic.

            3.   To create a safety zone for all employees and customers shopping at a vendor area, it shall be required of all vendors to create a visual barrier noting a stopping line for all vehicles approaching the vendor area. This barrier line is to be a minimum of 16 feet from the sales area and encompassing the entire vendor area (except where access may already be denied because of vendor location against a fence or existing building). No motor vehicle shall be allowed inside this safety zone area. The barrier line may consist of, but is not limited to, brightly colored or flagged rope, tape, cones, and the like and shall be visible to drivers at all times.

         (a)   Complete kitchen space and sanitary facilities in compliance with the adopted Building Code; and

         (b)   Working space reserved for and regularly used by one or more occupants of the unit.

         (a)   The portions of the premises abutting arterial streets shall have a solid, six-foot wall or fence.

         (b)   Lots must be landscaped consistent with the requirements found under division (H) herein, except that the total area landscaped for bus or motor freight terminal lots must be equal to or greater than 20% of the lot.

         (c)   The premises shall only be located on an arterial street as designated on the City Street Plan.

         (d)   Entrances and exits must:

            1.   Have gates made of materials that can be seen through, such as wrought iron or similar durable material;

            2.   Be located on arterial streets;

            3.   Include a concrete apron and driveway allowing access to arterial streets;

            4.   Be designed in a manner that meets NMDOT and AASHTO standards, as certified by the City Engineer; and

            5.   Be otherwise designed in a manner that will ensure that traffic is not interrupted by vehicles entering and exiting the premises, as certified by the City Engineer.

         (e)   In order to control drainage, bus or motor freight terminals must provide curbs and gutters for those portions of streets located on the same lot as the bus or motor freight terminal.

         (f)   All commercial motor carrier vehicles, including freight trailers, located on the premises shall be registered with NMDOT.

         (g)   Property, including household goods, transported to the premises shall be stored within a completely enclosed building.

         (h)   The presence of dismantled vehicles and parts, workshops, and industrial scales shall be permitted only an incidental accessory use to activities of receiving and dispatching buses or freight trailers.

      (17)    Reserved.

      (26)    Solar collection array system or farm.

      (27)   Wind turbine collection system or farm.

      (28)   Storage facilities.

         (a)   Storage facilities shall be blocked from view from public view by a solid, six-foot wall or fence.

         (b)   Storage facility lots must be landscaped consistent with the requirements found under division (H) herein, except that the total area landscaped for storage facility lots must be equal to or greater than 20% of the lot.

         (c)   Entrances and exits to storage facilities must:

            1.   Have gates made of materials that can be seen through, such as wrought iron or similar durable material;

            2.   Be located on arterial or collector streets;

            3.   Include a concrete apron and driveway allowing access to arterial or collector streets;

            4.   Be designed in a manner that meets NMDOT and AASHTO standards, as certified by the City Engineer; and

            5.   Be otherwise designed in a manner that will ensure that traffic is not interrupted by vehicles entering and exiting the premises, as certified by the City Engineer.

         (d)   In order to control drainage, storage facilities must provide curbs and gutters for those portions of streets located on the same lot as the storage facility.

         (e)   Adequate refuse collection facilities, to include at least one trash receptacle, shall be provided, constructed, and maintained in accordance with all municipal health regulations, and shall be screened and designated to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

         (f)   Storage facilities, including individual storage units, shall not be used for sales of products, merchandise, vehicle services or repairs. This does not preclude a business from using storage units solely for storage of commercial or business-related items provided that the actual commercial operation or business is conducted elsewhere, and there is no external evidence of the business at the storage unit.

      (29)   Recreational Vehicle Parks (RVPs).

            1.   Swimming pools are permitted only when a protective fence four feet in height is provided around the yard, lot or pool area. The pool shall be no closer than 15 feet from any property line, and approval from all utilities is required to insure overhead safety. The pool must otherwise comply with all applicable safety and construction standards as adopted by the state Construction Industries Division.

            2.   A landscaping concept shall be approved by the Planning and Zoning Commission for all areas not covered by structures or paved.

            3.   Screening the perimeter of a recreational vehicle park by a wall and/or other approved landscaping material shall be required in accordance with the landscaping standards contained within this chapter.

            4.   There shall be an active, usable recreational area for tenants comprising 5% of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities. Within this recreational area, a building containing a restroom with 24-hour guest access shall be provided. Provision of said restrooms within an optional community building - regardless of its location relative to the recreational area - shall meet the requirements of this section.

            5.   If a community building or buildings are constructed to provide for the recreational and service needs of guests, it shall include restrooms, showers, and a laundry. No dry-cleaners shall be permitted in the RV Park. The community building or buildings may not be included as part of the required recreational area.

            6.   Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all municipal health regulations, and shall be screened and designated to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

            7.   Lighting shall be provided to illuminate access ways and walkways from the safe movement of vehicles and pedestrians at night and be consistent with the outdoor lighting and night skies requirements contained elsewhere within the code.

            8.   A means for emptying sewage holding tanks shall be provided and approved by the health department.

            1.   All RVPs shall have vehicular access from an arterial or collector street.

            2.   Each RV space when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.

            3.   Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of homes in such a manner as to permit the use of solar energy systems.

            4.   No street within a recreational vehicle park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of 50 feet at the termination point.

      (30)   Cannabis testing laboratories, cannabis manufacturers, cannabis retailers, cannabis research laboratories, vertically integrated cannabis establishments not producing cannabis, integrated cannabis microbusinesses not producing cannabis, and cannabis consumption area.

         (a)   Cannabis manufacturers must use industry-standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.

         (a)   Up to 1/3 of the required landscaping may be located in the public right-of-way if approved by the Commission.

         (b)   Each landscaping plan shall indicate the type, size, and location of landscaping, along with existing and proposed topography and proposed irrigation systems. The scale of the landscaping plan shall be as recommended by the Zoning Administrator/Code Enforcement Officer.

         (c)   No zoning permit or certificate shall be approved by the city for those developments requiring a landscaping plan unless said plan is reviewed and approved as part of the application process.

         (a)   Trees, shrubs, hedgerow, ground cover and other plantings;

         (b)   Lawn or grass areas;

         (c)   Decorative rock and gravel;

         (d)   Benches, tables, planters or other similar outdoor furniture;

         (e)   Berms or mounds;

         (f)   Water features;

         (g)   Decorative lighting.

         (h)   Decorative public art, monument or mural provided that these items are used to complement and not replace the use of landscaping materials.

      (7)   Landscaping shall be installed in accordance with the following guidelines:

         (b)   On corner, double-fronting, or triple-fronting lots, at least 1/4 of the required landscaped area shall be located on each frontage.

         (a)   Adequate provision of water, in keeping with drought condition sensitivity, shall be made for planted materials. The owner of the landscaped property shall be responsible to maintain landscaping or screening in a healthy, neat, and clean condition. Dead plant material shall be replaced with new plant material immediately.

         (b)   All landscaped and screened areas shall be controlled by pruning or trimming so as to not interfere with the installation, maintenance, or repair of any public utility, restrict pedestrian or vehicular traffic, or constitute a traffic hazard.

 

      (1)   No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.

      (2)   All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.

      (3)   No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent. No tent or non-structural cover may be used as a permanent accessory building.

      (4)   Display, storage or parking of vehicles, equipment, goods and other property shall not be permitted in the public right-of-way.

      (5)   No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof except as follows:

         (a)   Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;

         (b)   Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;

         (c)   Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance. Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.

         (d)   The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions:

            1.   A maximum of 12 female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.

            2.   There shall be no age restrictions on keeping of female chickens (hens).

            3.   No roosters may be kept.

            4.   No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.

            5.   All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least four feet in height.

         (e)   The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.

         (a)   Permits required. A Chicken Keeping Permit shall be required for the keeping of any chicken in accordance with the provisions of this chapter and issued by the Zoning Administrator. The permit obtained by the property owner and applicant shall be subject to the terms and conditions described herein this section.

            1.   Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte; and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of 12 female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.

            2.   Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.

            2.   No pen or coop may be closer than 20 feet to any property.

            3.   The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.

            4.   Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.

            5.   Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.

            6.   Animal waste shall be removed from the premises on a regular basis, to comply with Chapters 90 and 135 of the City Code.

      (7)   Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.

(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 142, passed 11-20-2013; Am. Ord. 148, passed 12-3-2014; Am. Ord. 152, passed 6-3-2015; Am. Ord. 154, passed 6-17-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, passed 8-18-2021; Am. Ord. 198, passed 8-18-2021; Am. Ord. 205, passed 10-24-2022; Am. Ord. 206, passed 10-24-2022; Am. Ord. 207, passed 3-15-2023)

         (b)   Within 30 days of installation of a multi-section manufactured home, the multi-section manufactured home must be outfitted with a foundation perimeter wall between the foundation and flooring.

         (c)   The foundation perimeter wall shall consist entirely of either masonry or concrete.

         (a)   Additionally, all manufactured housing units that are installed at any location within the city limits shall not be 20 years or older at the time of installation. Any unit to be used for non-residential purposes shall meet all NMBC standards and shall be in full compliance with requirements for access to the disabled as required by NMAC § 14.12.1.

(Ord. 183, passed 8-18-2021)

         (b)   Within 30 days of installation of a mobile home, the mobile home must be outfitted with a foundation perimeter wall between the foundation and flooring.

         (c)   The foundation perimeter wall shall consist entirely of either masonry or concrete.

         (a)   Additionally, all mobile homes that are installed at any location within the city limits shall not be 20 years or older at the time of installation. Any unit to be used for non-residential purposes shall meet all NMBC standards and shall be in full compliance with requirements for access to the disabled as required by NMAC § 14.12.1.

(Ord. 201, passed 1-19-2022)