Espanola City Zoning Code
ARTICLE XII
Zoning Districts and Uses
§ 1201 Official Zoning Map.
A.
Adoption. The Official Zoning Map is an integral part of this article. It is to be entitled the "Official Zoning Map of the City of Española," signed by the Mayor of the City of Española and attested to by the City Clerk.
B.
Amendment. The Official Zoning Map shall be amended in accordance with the procedures set forth in this article. The Official Zoning Map may be amended by an ordinance containing only textual material, or by an ordinance containing textual material and a revision of all or part of the Official Zoning Map.
(1)
If the amending ordinance contains only textual material, then such amending ordinance shall bear the legend "Revision No. __ in textual form, to the Official Zoning Map of the City of Española, effective _____." In addition, such changes shall be made to the Official Zoning Map. This is to be signed by the Mayor and attested to by the City Clerk.
(2)
If the amending ordinance shall include a revision to all or part of the Official Zoning Map, such amending ordinance shall bear the legend "Revision No. _____ to the Official Zoning Map of the City of Española, effective _____," and it shall be signed by the Mayor and attested to by the City Clerk. In addition, such changes shall be made to the Official Zoning Map.
C.
Location and authority. The Official Zoning Map and all revisions shall be maintained in the offices of the Planning Department. That map, as it may from time to time be revised, or a copy certified by the Planning Director and City Clerk to be a true copy of the map or of the map as revised, shall be conclusive on any question of the zoning district in which a particular parcel may be located.
D.
Replacement. In the event of the destruction, damage or loss of the Official Zoning Map, or if the Official Zoning Map becomes difficult to interpret because of the nature or number of amendments, the City Council may by resolution adopt a replacement Official Zoning Map. Upon adoption, the replacement Official Zoning Map shall be signed by the Mayor and attested to by the City Clerk. The replacement Official Zoning Map shall thereupon become the Official Zoning Map and a part of this article. The replacement Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no change of substance shall be made by the adoption of the replacement Official Zoning Map. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
§ 1202 Rules for interpretation of district boundaries.
A.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following shall apply:
(1)
Boundaries indicated as approximately following the center lines of roadways shall be construed to follow such center lines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following City of Española limits shall be construed as following such limits.
(4)
Boundaries indicated as being an extension of any street, highway, alley line or lot line shall be construed to be of the same course and bearing as that line extended.
C.
Where a district boundary divides a lot in single ownership, the Planning Director with approval and concurrence from the City Manager, may permit the extension of districts to the property line of said lot, provided that the extension does not exceed 25% or a maximum of three acres, of the original district boundary. This extension of districts can only be exercised once per original lot.
§ 1203 Official zoning districts; uses.
The area of the City of Española is divided into zoning districts. The location of each of the zoning districts is shown by the Official Zoning Map. The specific land use requirements of each district shall be found on Tables I, II and III. The zoning districts and the purposes of each district are as follows:
A.
R-1 Rural Residential District. The R-1 Rural Residential District is established in which the principal use of land is for single-family residences. The regulations of this district are intended to protect existing and proposed residential areas with a minimum lot size of 43,560 square feet (one acre); and to encourage the subdivision of development into lots of the same minimum lot size. The regulations of this district are meant to ensure a more rural setting. These regulations are provided to discourage any use which, because of its character, would interfere with the relatively rural nature of the district. Examples of allowed uses in this district are as follows:
(1)
Site-built single-family dwellings. Manufactured housing units. Public parks, playgrounds.
(2)
Community, municipal or other public buildings.
(3)
Churches or other buildings related to the practice of a religious faith.
(4)
Home occupations, within the parameters set forth in this chapter.
(5)
Agricultural and ranching uses. Allowed in R-1 Districts, provided the following requirements are met:
(a)
That the sale of animals or their by-products is limited to those raised or produced on-site and no importing of goods or products is being conducted:
(b)
That the sale of agricultural products is limited to those raised on-site and that no importing of goods or products is being conducted.
(c)
That the sale of all goods listed as agricultural and ranching uses is restricted to being a secondary source of income of and for the household of the lot in question, and that the owner acquires, as well as complies with the requirements of, a home occupation permit.
(d)
That none of the aforementioned uses creates a nuisance condition as defined by Chapter 254, Nuisances, of the Española Municipal Code, or amendments thereto.
(e)
That the aforementioned uses are maintained within a restrained area and not adjacent to riparian area.
(f)
Farm animals. Farm animals are allowed in this district at the following ratios:
Type of Animal | Ratio |
|---|---|
Cattle (including horses) | 1 per 10,000 square feet* |
Goats and sheep | 1 per 4,000 square feet* |
Swine (including pets) | 1 per 2,000 square feet* |
Chickens and other fowl | 1 per 500 square feet* |
* | Based on the total lot area |
B.
R-2 Semirural District. The R-2 Semirural Residential District is established in which the principal use of land is for single-family residences. The zoning regulations of this district are intended to protect existing and proposed residential areas with a minimum lot size of 21,780 square feet (1/2 acre); and to encourage the development of lots that meet this minimum lot size. The regulations of this district are intended for those persons desiring relatively large residential lots. The regulations are intended to discourage any use which, because of its character, would interfere with the residential nature of this district. Examples of allowed uses in this district are as follows:
(1)
Site-built single-family dwellings. Two-family dwellings (duplexes). Manufactured housing units. Public parks, playgrounds.
(2)
Community, municipal or other public buildings.
(3)
Churches or other buildings related to the practice of a religious faith.
(4)
Home occupations, within the parameters set forth in this chapter.
(5)
Agricultural and ranching uses. Allowed in R-2 Districts, provided the following requirements are met:
(a)
That the sale of animals or their by-products is limited to those raised or produced on-site and no importing of goods or products is being conducted.
(b)
That the sale of agricultural products is limited to those raised on-site and that no importing of goods or products is being conducted.
(c)
That the sale of all goods listed as agricultural and ranching uses is restricted to being a secondary source of income of and for the household of the lot in question, and that the owner acquires, as well as complies with the requirements of, a home occupation permit.
(d)
That none of the aforementioned uses creates a nuisance condition as defined by Chapter 254, Nuisances, of the Española Municipal Code, or amendments thereto.
(e)
Farm animals are allowed in this district at the following ratios:
Type of Animal | Ratio |
|---|---|
Cattle (including horses) | None |
Goats and sheep | 1 per 4,000 square feet* |
Swine (including pets) | 1 per 2,000 square feet* |
Chickens and other fowl | 1 per 500 square feet* |
* | Based on the total lot area |
C.
R-3 Suburban Residential. The R-3 Suburban Residential District is established in which the principal use of land is for single-family residences. The regulations of this district are intended to protect existing and proposed residential areas with a minimum lot size of 14,520 square feet (1/3 acre); and to encourage the development of lots that meet this minimum lot size. The regulations of this district are intended for those persons desiring relatively large residential lots. The regulations are intended to discourage any use which, because of its character, would interfere with the residential nature of this district. Examples of allowed uses in this district are as follows:
(1)
Site-built single-family dwellings.
(2)
Two-family dwellings (duplexes).
(3)
Manufactured housing units.
(4)
Public parks, playgrounds.
(5)
Community, municipal or other public buildings.
(6)
Churches or other buildings related to the practice of a religious faith.
(7)
Home occupations, within the parameters set forth in this chapter.
D.
R-4 Large Lot Residential. The R-4 Large Lot Residential District is established in which the principal use of land is for single-family residences. The regulations of this district are intended to protect existing and proposed residential areas with a minimum lot size of 10,890 square feet (1/4 acre); and to encourage the development of lots that meet this minimum lot size. The regulations of this district are intended for those persons desiring relatively large residential lots. The regulations are intended to discourage any use which, because of its character, would interfere with the residential nature of this district. Examples of allowed uses in this district are as follows:
(1)
Site-built single-family dwellings.
(2)
Two-family dwellings (duplexes).
(3)
Manufactured housing units.
(4)
Public parks, playgrounds.
(5)
Community, municipal or other public buildings.
(6)
Churches or other buildings related to the practice of a religious faith.
(7)
Home occupations, within the parameters set forth in this chapter.
E.
R-6 Urban Residential. The R-6 Urban Residential District is established in which the principal use of land is for single-family residences. The regulations of this district are intended to protect existing and proposed residential areas with a minimum lot size of 7,500 square feet, and to encourage the development of lots that meet this minimum lot size. The regulations of this district are intended for those persons desiring a more traditional subdivision setting. The regulations are intended to discourage any use that, because of its character, would interfere with the residential nature of this district. Examples of allowed uses in this district are as follows:
(1)
Site-built single-family dwellings.
(2)
Two-family dwellings (duplex).
(3)
Manufactured housing units.
(4)
Public parks, playgrounds.
(5)
Community, municipal or other public buildings.
(6)
Churches or other buildings related to the practice of a religious faith.
(7)
Home occupations, within the parameters set forth in this chapter.
F.
R-O-I Residential-Office-Institutional District. This mixed zoning district is intended to provide a place for those types of institutional and commercial activities that require separate buildings and building groups surrounded by landscaped yards and open area. Land, space and aesthetic requirements of these uses make them desirable in suburban locations near residential neighborhoods or rural countrysides, and away from the concentration of people and traffic of the retail, wholesale and industrial areas of the community. Examples of allowed uses in this district are as follows:
G.
R6-PUD Residential Compound Planned Unit Development District. The R6-PUD District is intended to permit the development of tracts of five acres or less in a manner consistent with existing patterns of the City's compound areas. It is also intended to permit the flexibility for more efficient design and greater intensity of land use. It provides for the elimination of building setbacks where walls or fences enclose the entire tract. Within these walls it allows for the reduction of minimum lot sizes and the increase of maximum lot coverage, provided the overall density requirements of the underlying zone are not exceeded and open space, public or private, is provided. Examples of allowed uses in this district are as follows:
H.
RM-PUD Residential Multifamily. The RM-PUD District is intended primarily for multifamily units and related uses in keeping with the character of the surrounding areas. To protect the integrity and purpose of this district, all permitted developments shall be subject to planned unit development requirements, prescribed in this article, unless the requirements are waived by the Planning Commission or the City Council. RM-PUD or RM may be utilized on a case-by-case basis at the discretion of the Director of Planning on a finding by the Director that such serves the public interest. Examples of allowed uses in this district are as follows:
I.
MHP-PUD Manufactured Housing Park Planned Unit Development. This district should be referred to as the "Manufactured Housing Park District" on the Official Zoning Map, upon approval of a manufactured housing park in accordance with regulations and standards outlined in this chapter. This district shall be considered as an overlay zone to be allowed in any district except the LI Light Industrial and HI Heavy Industrial Districts. An applicant for a manufactured housing park must have a three-acre minimum. It is understood that while providing residential lots, a manufactured housing park is a business venture and subject to business license and other approvals of the City of Española on a yearly basis. MHP regulations shall apply when three or more manufactured housing units are involved in any one lot having a single owner or several adjacent lots having at least one common owner.
J.
B-1 Local Commercial District. This commercial district is intended for the conduct of retail trade, and to provide personal services to meet the regular needs, and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational, and educational elements, more light, air, open space, and off-street parking is required than is required in other commercial districts. Examples of allowed uses in this district are as follows:
[Amended 12-10-2019 by Ord. No. 2019-11]
Accessory buildings used for any of the below-enumerated purposes, which may not have more than 40% of the floor area devoted to purposes incidental to the primary use |
Antique shops |
Automobile parking lots |
Automobile service stations, provided that no more than two such uses shall be located within 500 feet of an intersection |
Bakery goods stores |
Banks |
Barbershops or beauty parlors |
Book or stationary stores |
Camera shops |
Candy stores |
Catering establishments |
Cleaning, pressing, or laundry agencies |
Clothing or apparel stores |
Gift shops |
Delicatessen stores |
Dress shops, dry goods |
Drugstores or pharmacies |
Florists |
Food stores |
Laundromats/help-yourself laundries, which are defined as a business providing home-type washing, drying and ironing machines for hire to be used by customers on the premises |
Hotels |
Jewelry stores |
Leather goods shops |
Lodges or halls (facilities for civic groups) |
Messenger or telegraph services |
Mixed use buildings |
Office businesses |
Outdoor or indoor courts for handball, racquetball, tennis, or sports activity of a similar nature (provided that lighted outdoor courts may not be operated later than 10:00 p.m., and lighting is to be arranged to direct light away from any adjoining property in a residential district) |
Photographer or artist studios |
Public garages and automobile and machinery repairing conducted wholly within a completely enclosed building no larger than 2,500 square feet, provided no gas or gasoline is stored |
Restaurants |
Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience |
Shoe repair shops |
Tailor shops |
Toy stores |
K.
B-2 General Commercial District. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
(1)
Examples of allowed uses in this district are as follows:
Amusement enterprises |
New automobile sales and services, new machinery sales and services, and public garages, provided no gas or gasoline is stored above ground; used automobile sales, automobile and machinery repairing, if conducted wholly within a completely enclosed building, or any of the following uses: |
Automobile, farm implement and machinery repair, sales and service |
Automobile service station |
Bakery |
Bus terminal |
Carpenter and cabinet shop |
Cleaning and dyeing works |
Commercial school or hall |
Department store |
Electric transmission station or other utility substation |
Feed and fuel store |
Furniture repair and upholstery store |
Furniture or interior decorating store |
Golf course, miniature or practice range |
Hardware or appliance store |
Home improvement center |
Heating, ventilating or plumbing supplies, sales and service |
Ice plant or storage house for ice and food housing not more than 10 tons' capacity |
Key shop |
Laundry |
Liquor store |
Lumber and building materials sales yard, provided the materials are not produced or altered in any fashion of manner to create such building materials, and further provided that the yard shall be screened from public view on all sides |
Mobile home sales |
Music, radio or television shop |
Paint, paper or glass store |
Pawnshop |
Pet shop and kennel |
Plant sales outlet or garden supply store |
Printing plant |
Research laboratory, excluding chemical, biological, nuclear or other hazardous materials handling, unless presented to the Planning Commission and approved by the Fire Chief |
Sign painting shop |
Small animal hospital |
Sporting goods store |
Storage, automobile temporary, provided that the lot not exceed one acre in area and further provided that a front setback of 25 feet is provided for ingress to or egress from the lot; storage lots of more than one acre require a special exception |
Storage warehouse, provided no combustible materials are stored within the facility |
Theater |
Trailer camp, RV park |
Wholesale distributing center |
(2)
Buildings, structures, and uses accessory and customarily incidental to any of the above uses are allowed, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental or essential to retail establishments and service.
L.
B-3 Central Business District. The regulations for this district are designed to permit a concentrated development of business uses within the Central Business District (CBD), as designated on the Official Zoning Map of the City of Española.
(1)
Permitted uses and structures within the CBD:
Auditoriums, libraries and museums operated by nonprofit organizations |
Offices |
Hotels and motels |
Financial institutions |
Eating and drinking establishments |
Business service establishments |
Establishments offering repair services on items brought in by customers |
Filling stations |
Amusement and recreation establishments and areas |
Wholesaling from sample stocks only, provided that no manufacturing or storage for distribution shall be permitted on the premises |
Business school, studios, vocational schools not involving processing of a light or heavy industrial nature |
Laboratories and establishments for production and repair of eye glasses, hearing aids and prosthetic appliances |
Clubs and lodges |
Churches and other religious institutions, except elementary and high schools |
Parking lots and parking garages |
Transportation terminals other than truck terminals |
Manufacturing or handicraft products, such as jewelry, pottery, needlework, weaving and the like |
Mixed use buildings (no residential on first floor, but permitted on upper floors) |
Hospitals |
(2)
Permitted accessory uses and structures within the Historic Town Center (HTC) District. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.
(4)
Special exceptions within the HTC. After a public hearing, as required by Article X, § 1001 and 1002, other uses may be permitted under a special exception, if, in the opinion of the Board of Adjustment, the proposed use is not offensive or incompatible and is in keeping with the character of the district.
(5)
Dimensional requirements within the HTC.
(a)
Lot area. None, except as may be needed to satisfy other limitations of this chapter.
(b)
Lot width. None, except as may be needed to satisfy other limitations of this chapter.
(c)
Yard requirements:
[1]
No front yards are required;
[2]
Minimal depth of rear yard required: 10 feet; and
[3]
No side yards are required. However, if a side yard is provided, all structures must be 10 feet from the property line. Yards that are adjacent to residentially zoned lots shall have a minimum side yard of eight feet.
(d)
Maximum lot coverage. Unrestricted.
(e)
Building height. No building shall exceed 35 feet in height except for flagpoles, antennas, chimneys and similar accessories which are exempted from this height limitation.
(6)
Off-street parking, loading and unloading within the HTC. There are no off-street parking, loading and unloading requirements for this district.
M.
TC Tourist Commercial District. This district is intended to accommodate the grouping of those commercial activities necessary to supply the normal needs of tourists, and to protect these against other incompatible commercial uses. This district is intended to be located in defined areas, adjacent or convenient to arterials and/or other major highways and at the intersections of arterials or highways and roads leading into primary entrances of major public recreational areas. Examples of allowed uses in this district are as follows:
N.
Historic Town Center (HTC) District. This commercial district is intended for the conduct of personal and business services and the general retail business of the community along the Main Street corridor. It differs from other commercial districts in that standard off-street parking requirements do not apply. This district was created primarily for those commercial areas that already were so intensely developed that they could not comply with the provisions for other commercial districts in this chapter. Uses in this district are considered on a case-by-case basis via application through the Development Review Team.
O.
L-I Light Industrial District. The Light Industrial District is intended to accommodate light industrial and certain accessory commercial uses, none of which create noise, smoke, odor, dust or similar emissions and which generate a minimum of truck traffic. The regulations of this district are intended to encourage attractively developed sites to ensure further compatibility with adjoining areas of the community. Uses in this district are considered on a case-by-case basis via application through the Development Review Team.
P.
H-I Heavy Industrial District. The Heavy Industrial District is intended to accommodate both light and heavy industrial uses in combination with limited accessory commercial uses. The regulations of this district are intended to ensure a compatible appearance and relationship with surrounding areas of the community. Uses in this district are considered on a case-by-case basis via application through the Development Review Team.
Q.
Santa Cruz Plaza Historic District. This subsection may be cited as the "Santa Cruz Plaza Historic District" under the authority granted in NMSA 1978, §§ 3-22-1 through 3-22-5. It is the intention of this district to promote uses similar to the historical pattern of the area: limited commercial community support functions around the plaza, embedded within a residential area. In general, the zoning shall remain the same as indicated in this chapter. The following commercial uses shall be permitted within the district:
(1)
Permitted principal uses and structures. Permitted principal uses and structures in the Santa Cruz Plaza Historic District are as follows:
(a)
Bakeries.
(b)
Branch banks.
(c)
Barbershops and beauty shops.
(d)
Bookstores.
(e)
Eating establishments.
(f)
General merchandise establishments.
(g)
Grocery stores, with a total floor area of 3,000 square feet or less.
(h)
Laundromats.
(i)
Pharmacies.
(j)
Professional offices.
(k)
Single- and two-family dwellings.
(l)
Studio and sales galleries where the proprietor's main place of residence is on the premises.
(2)
Permitted accessory uses and structures within the Santa Cruz Plaza Historic District are uses and structures which:
(5)
Dimensional requirements in the Santa Cruz Plaza Historic District are as follows:
(a)
Given that many of the lots in the historic plaza area, as delineated on the accompanying plat, are small and vary in size, and given that the location of many of the buildings are traditionally close together in keeping with the "traditional character" of the plaza area, no minimum lot or yard requirements shall be established. It shall be the responsibility of the Española Planning Commission, in accordance with its powers as specified in Ordinance No. 313, to see that the "traditional character" of the plaza is preserved.
(b)
Building height. No building shall exceed 26 feet in height, except for flagpoles, reception antennas, chimneys, and similar accessories which may be excepted from this height limitation.
(6)
Preservation of "traditional character" of the Santa Cruz Plaza Historic District shall be accomplished as follows:
(a)
Review and approval of proposed work within district. At the time application is made to the City for a permit for construction, alteration or demolition, the application shall be accompanied by such drawings, specifications and descriptions as may be required to determine the characteristics of the proposed project. The City's Planning Director shall notify the Española Planning Commission of each application received for work within the Santa Cruz Plaza Historic District and shall not approve the issuance of a building permit until approval by the Commission.
(b)
Criteria for decisions. It is the intention of this subsection to preserve the "traditional character" of Santa Cruz Plaza. "Traditional character" shall be evaluated in terms of scale, relationship of open spaces to buildings, color, types of materials and, in general, those elements affecting the visual quality of the district.
[1]
It is not the intention of this subsection to limit the creativity of designers in experimenting, exploring and expressing new ideas in manners which are consistent with the traditional character of the district.
[2]
The traditional character of the Santa Cruz Plaza. The plaza was historically, and is currently, a large, open space void of construction (with the historical exception of a Torreon structure which is now demolished). The plaza is defined by the structures surrounding it: placitas and linear buildings nearly abutting the plaza's open-space boundaries with little to no open-space separation between these placitas and linear buildings. These structures form a continuous edge around the plaza, broken only by the roads into and out of the plaza.
[3]
Some of the buildings in the Santa Cruz Plaza Historic District are made using the traditional Northern New Mexico style of steep-pitched metal roofs with high, straight, linear adobe walls. Other more recent buildings have lower profiles with a more concentric massing. Some historical and more modern buildings in the district also have flat roofs. Building materials in the district were initially adobe, wood and stone. Metal roofing, concrete block and stucco were introduced as these materials were developed and became available. Colors, which were likely natural earth colors from the surrounding area initially, have become much more varied with the development of newer materials. All external walls shall be finished in adobe or cement plaster in colors that are in keeping with the traditional character of the district. No concrete block shall remain exposed.
[4]
Signs. Designs for all associated signs within the district must accompany all building applications. Signs will be in the traditional character of the district. Proper illumination will be allowed so long as it is determined by the City's Planning Director to be in keeping with the traditional character and historical mood of the district. No flashing lights, neon signs or offensive lighting will be allowed.
[5]
While the area immediately surrounding the plaza can be characterized by tight, contiguous building forms as described above, the outlying areas were historically more agricultural in character and the houses were set on large parcels of land. In accordance with the powers herein and otherwise lawfully conferred, the acequia systems within the district which networked the community shall be preserved and shall not be allowed to be filled in.
[6]
Grounds for not approving or rejecting a proposed new construction, remodel or alteration within the district include proposals which would be contrary to the traditional character described above. These include, but are not limited to, design defects that cause depreciation of traditional community character such as:
[a]
Arresting or spectacular effects;
[b]
Violent or offensive contrasts of materials or colors;
[c]
A multiplicity or incongruity of details resulting in a restless or disturbing appearance;
[d]
The absence of unity and coherence with the dignity and traditional character of the present structure in the case of repair, remodel or enlargement of an existing building or structure;
[e]
The absence of unity and coherence with the prevailing traditional character of the neighborhood in the case of a new building or structure; or
[f]
Design which is obviously incongruous with the historical aspects of the surroundings and traditional methods of land use.
(7)
Hearings, appeals and notice.
(a)
Appeals to the City Council may be taken by any person aggrieved or by any aggrieved office, department or board of the City affected by any order, requirement, decision or determination of the Board of Adjustments which pertains to the subject matter of administration of this subsection. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Council by general rules, by filing with the City Manager and with the Council a notice of appeal specifying the grounds for such appeal. The Board of Adjustments shall then transmit to the Council within a reasonable time all the papers constituting the record upon which the action appealed from is taken.
(b)
An appeal stays all proceedings in furtherance of the action appealed from except when the Board certifies to the Council after the notice of appeal is filed that a stay would cause imminent peril to life or property. In such a case, a stay of proceedings may be avoided by a restraining order, which may be granted by the City Council or by a court of record on application or notice to the Board and on due cause shown.
(c)
The City Council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, give due notice to all interested parties and rule on the appeal within a reasonable time. At the hearings of the appeal, any party may appear in person or by agent or attorney. The concurring vote of 2/3 of all members of the City Council shall be required to revise any order, requirement, decision or determination of the Board of Adjustments charged with administering this subsection. The concurring vote of 2/3 of all members of the City Council shall also be required to decide a case in favor of an application, any matter upon which the Council is required to pass or to effect any variation or special exception to the terms of this chapter.
R.
Plaza de Española Historic District. This subsection may be cited as the "Plaza de Española Historic District" under the authority granted in NMSA 1978, §§ 3-22-1 through 3-22-5.
(1)
Creation. There is hereby created in and around the vicinity of the Plaza de Española an historic district in the area designated for the purpose of preserving, protecting and enhancing said historical area and landmarks. The City may adopt and enforce, in addition to this subsection, by resolution such regulations and restrictions within this district relating to the erection, alteration and destruction of those exterior features of buildings and other structures subject to public view from any public street, thoroughfare, way or public places.
(a)
Description. All that certain real estate as shown in Map I of this subsection.
(b)
Addition to the district. New areas may be annexed to the Plaza de Española Historic District when application is made to the City and when the property is contiguous to the existing district with a common boundary of not less than 50 feet (such 50 feet shall not include public rights-of-way). The requirements set forth in this chapter shall govern regarding the application and zoning change process.
(2)
Purpose.
(a)
The purpose of this subsection is to promote the economic, cultural and general welfare of the citizens of the City and to promote the harmonious, efficient and orderly growth and development of the City. It is considered essential to this subsection that the City Council proceed in a manner which protects the qualities relating to the history of the Española Valley by maintaining a harmonious appearance which preserves property values and attracts tourism. Some qualities sought to be preserved by this subsection are:
[1]
The continued existence and preservation of historical areas, buildings and structures;
[2]
The continued construction of buildings and structures using material and designs which are recognized as being in keeping with the architectural character and historical styles of the district;
[3]
The continued preservation of the mercantile character of the district; and
[4]
A general harmony as to style, form, color, proportions, texture and material between buildings of historic design and those of more modern design.
(b)
Specific review and approval of proposed work within this district is required. At the time application is made to the City for a permit for construction, alteration, remodel or demolition, the application shall be accompanied by drawings, specifications and descriptions sufficient to adequately determine the characteristics of the proposed project. The City Zoning Administrator shall notify the Planning Commission of each application received for work within the district and shall not approve the issuance of a building permit until approval for said application is received from the Planning Commission.
(3)
Standards. The City recognizes that a certain style of architecture has evolved within the City. This architecture is characterized by:
(a)
Adobe building construction;
(b)
Roofs which are steeply pitched, although flat roofs are common with the roofline extending minimally past building walls for drainage;
(c)
Facades are flat, varied by inset portals, exterior portals, projecting vigas or roof beams, canales or water spouts, structural buttresses, wooden lintels and architraves which (along with doors and lintels) are frequently carved in ornate detail with bright colors inset into the carved areas. In this district, the influences of the mercantile era of the valley are sought to be preserved. This includes Victorian and Gothic styles of architecture which were adapted to the local building materials available to local builders at the time, found locally or brought in by covered wagon or the railroad. Designs in keeping with the mercantile era of the City will be encouraged and promoted as the design character of this district; and, but not limited to:
(d)
All exterior walls of a building or structure are to be colored alike with exterior stucco-type finishes. Colors may only range from light earth tones to dark earth tones or shades of white.
(4)
Principal uses. The following principal uses are allowed within the Plaza de Española Historic District:
(a)
Retail establishments, including incidental manufacturing of goods for sale only on said premises; sales and display rooms and lots, including yards for storage of new building materials, but not yards for any scrap or salvage operations nor for storage or display of any scrap, salvaged or secondhand materials.
(b)
Eating and drinking establishments, but excluding fast food establishments.
(c)
Personal service establishments, including barbershops and beauty shops, shoe repair and cobbler shops, funeral homes, dry cleaner and dressmaking/tailoring shops with processing on the premises.
(d)
Hotels, motels, rooming houses and boardinghouses.
(e)
Commercial recreational uses and structures, such as theaters, poolrooms and the like.
(f)
Offices, studios, medical or dental clinics and related laboratories.
(g)
Banking and other financial institutions.
(h)
Private clubs and lodges.
(i)
Public or private utilities.
(j)
Public and cultural buildings and grounds, including elementary or secondary schools.
(k)
Churches and related uses.
(l)
Business and vocational schools not involving operations of an industrial character.
(m)
Wholesaling and distribution operations not involving over 3,000 square feet for storage of wares to be wholesaled or distributed.
(n)
Greenhouses and plant nurseries.
(o)
Private day care nurseries and kindergartens.
(p)
Multifamily dwellings.
(5)
Permitted accessory uses and structures in the Plaza de Española Historic District shall be:
(6)
Prohibited uses and structures in the Plaza de Española Historical District are:
(a)
Yard for storage of used building materials, for any scrap or salvage operations or for storage of any scrap, salvaged or secondhand materials;
(b)
Truck terminals, storage warehouses containing over 3,000 square feet;
(c)
Bulk petroleum products storage and distribution;
(d)
Erection of signs not relating to establishments, goods or services on premises on which signs are erected;
(e)
Outdoor displays of merchandise in any required yard or on any public right-of-way;
(f)
Erection of private signs on or overhanging any public street, alley, sidewalk or way;
(g)
Manufactured and mobile home units; and
(h)
All uses and structures not of a nature specifically or provisionally permitted herein, and any use which the Board of Adjustment, upon appeal and after investigating similar uses elsewhere, shall find to be potentially noxious, dangerous or offensive to adjacent occupancies in the same or neighboring districts or to those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio or television reception or radiation, or likely for other reasons not herein defined to be incompatible with the character of the Plaza de Española Historic District.
(8)
Dimensional requirements in the Plaza de Española Historic District are as follows:
(a)
Minimum lot areas and width.
Use | Minimum Lot Area (square feet) | Minimum Width (feet) |
|---|---|---|
All other permitted uses | 10,800 | 80 |
(b)
Yard requirements in the Plaza de Española Historic District.
[2]
Side yard. No setback shall be required if a building on an adjacent lot is built to the property line or if the adjacent lot is vacant and the owner thereof agrees by deed restriction with enforcement running to the City that any building constructed will either be built in such a manner as to:
[3]
Rear yard. Ten feet shall be required, except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than 25 feet or 20% of the depth of the lot, whichever is less.
(c)
Maximum lot coverage. Maximum lot coverage for all structures shall be no more than 55% of the total lot area.
(d)
Building height. No building shall exceed 36 feet in height except for flagpoles, antennas, chimneys and similar accessories which are excepted from this height limitation.
(9)
Signage. Designs for all associated signs within the district must accompany all building applications. Signs will be in the historical mode of the Plaza de Española Historic District. Proper illumination will be allowed so long as it is determined by the City's Planning Director to be in keeping with the traditional character of the mercantile era of the district. No flashing lights, neon signs or offensive lighting will be allowed.
(10)
Hearings, appeals and notice.
(a)
Appeals to the City Council may be taken by any person aggrieved or by any aggrieved office, department or board of the City affected by any order, requirement, decision or determination of the Board of Adjustments which pertains to the subject matter of administration of this subsection. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Council by general rules, by filing with the City Manager and with the Council a notice of appeal specifying the grounds for such appeal. The Board of Adjustments shall then transmit to the Council within a reasonable time all the papers constituting the record upon which the action appealed from is taken.
(b)
An appeal stays all proceedings in furtherance of the action appealed from except when the Board certifies to the Council after the notice of appeal is filed that a stay would cause imminent peril to life or property. In such a case, a stay of proceedings may be avoided by a restraining order, which may be granted by the City Council or by a court of record on application or notice to the Board and on due cause shown.
(c)
The City Council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, give due notice to all interested parties and rule on the appeal within a reasonable time. At the hearings of the appeal, any party may appear in person or by agent or attorney. The concurring vote of 2/3 of all members of the City Council shall be required to revise and order, requirement, decision or determination of the Board of Adjustments charged with administering this chapter. The concurring vote of 2/3 of all members of the City Council shall also be required to decide a case in favor of an application any matter upon which the Council is required to pass or to effect any variation or special exception to the terms of this chapter.
S.
Planned Unit Development District.
(1)
General. The Planned Unit Development (PUD) Zoning District is intended for the control of large-scale developments, either single or mixed-use, in any district in the City. Planned unit development in this zoning district shall be utilized whenever applicable.
(2)
Guidelines. The following are the guidelines for when a PUD zoning regulation is to be utilized:
(a)
The location and design of the PUD shall be consistent with the Comprehensive Plan and with other plans for streets, utilities, parks, etc.
(b)
The location and design of the PUD shall ensure its compatible integration with developments on adjoining properties and should create an attractive, healthful and stable environment for living and working that is superior to the development attainable under separate zoning regulations.
(c)
The dedication of land for proper usage and the reservation of land for common usage in a PUD shall be undertaken as follows: Each final development plan shall have its streets, parking areas, recreation open spaces, etc., provided according to the requirements of that plan or purpose, and common use areas for the ultimate development shall be provided in the initial phase of the Master Plan of the PUD.
(d)
A planned unit development shall be defined as meeting all of the above criteria and also the following requirements:
[1]
It shall be a development of land which shall be developed as a unified whole;
[2]
It shall be for integrated projects planned as a whole and including, but not limited to, dwellings and related facilities, travelers' services, commercial centers, industrial parks and urban renewal projects; and
[3]
It shall be in accordance with comprehensive and detailed plans which include streets, utilities, lots, site plans, floor plans and elevations for all buildings as intended to be located, constructed, used and related to each other and detailed plans for other land use as related to the surrounding buildings.
(3)
Submittals with preliminary application.
(a)
Applicants for rezoning to PUD shall submit to the Planning Commission a preliminary plan covering the entire tract proposed for development, indicating existing conditions and development for an additional area, including at least 200 feet from the tract boundaries. This preliminary plan shall be drawn at a scale of 50 feet or 100 feet to the inch, shall indicate topography at two-foot contour intervals and shall show all existing drainage or other significant natural features.
(b)
This plan shall show with appropriate dimensions an arrangement of buildings and their uses, off-street parking and loading facilities, internal circulation, ingress to and egress from adjoining streets, service areas and facilities, drainage systems, landscaping, fences and walls, the size, location, orientation and type of all signs proposed, proposed lighting of the premises and relation to all property within 200 feet of the tract. If it is proposed to develop the PUD in stages, the stages and time of development shall be indicated in the plan.
(c)
This plan shall show the identity of property owners and evidence of unified control of property within the proposed PUD.
(4)
Processing preliminary applications.
(a)
When a preliminary application has been filed, the Planning Commissioner shall review it for compliance with the requirements of this chapter and of the subdivision regulations and shall make a finding as to whether the proposed change is in accordance with the objectives of the City's Comprehensive Plan. In the course of such review, the Planning Commission may suggest changes in the preliminary plan as a condition of Planning Commission approval.
(b)
The Planning Commission shall then transmit the application and the preliminary plan to the City Council, together with a recommendation as to approval, disapproval, desirable changes and special conditions and safeguards. This recommendation may include suggested time limits within which all construction or specified stages of construction, or both, shall be started or completed.
(5)
Procedure for final development plan.
(a)
After the City Council has approved preliminary plans with such changes and conditions and safeguards as the City Council may have included in the amendment, the Official Zoning District Map shall be amended to designate the zoning classification of the PUD district of the tract covered by the preliminary development plan.
(b)
The applicant shall prepare a final development plan to be followed in construction operations and submit it to the Planning Commission for approval, together with final drafts of all agreements, contracts, deed restriction(s) and other legal instruments pertinent to the implementation of the development plan. The final development plan may be submitted separately for the first and each successive stage of development.
(c)
The final development plan (or successive stages thereof as approved) becomes the final plat and the basis for issuance of zoning and building permits and for acceptance of public dedications.
§ 1204 Accessory uses or structures.
A.
Permitted accessory uses and structures.
(1)
R-1, R-2, R-3, R-4, R-6, R-O-I. The following accessory uses and structures are permitted in the above-mentioned zoning districts:
(b)
Noncommercial greenhouses.
(c)
Private garages.
(d)
Utility sheds (up to 150 square feet) located within the rear yard only.
(e)
Children's play areas and play equipment.
(f)
Other uses and structures customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.
(2)
All accessory uses and structures allowed under the Subsection A(1) of this section shall:
(a)
Not involve the conduct of business on the premises, except home occupations.
(b)
Be located on the same lot as the permitted principal use or structure or on a contiguous lot in the same ownership.
(c)
Not be likely to attract visitors in larger numbers than would normally be expected in a single-family residential neighborhood.
(e)
Not be less than five feet from a side or rear lot line. Not be less than 25 feet from the front lot line.
B.
Accessory dwelling units in the R-1, R-2, R-3 and B-2 Zoning Districts.
(1)
Accessory dwelling units are permitted in the above-mentioned zoning districts, provided that the properties are being served by City water and City sewer.
(2)
Accessory dwelling units (not more than 50% of the main dwelling and not greater than 1,200 square feet) are permitted, provided that:
C.
Location.
(1)
No accessory building may be located closer to the front property line than the main structure on any lot, except as may be modified by Subsection A(3) and (4) of this section.
(2)
Garages and carports may be located in the front yard behind the minimum front setback in residential districts. No other accessory building may be located in the front yard within 25 feet of the front property line in any district.
(3)
Accessory buildings and structures may not be located in required side yards in any district.
(4)
Accessory buildings, uses, and structures shall not be located within five feet of any rear lot line in any residential district, except as may be modified by the provisions of Subsection A(3) and (4) of this section.
(5)
In the manufactured housing park manufactured housing developments, accessory buildings and structures shall not be located within 20 feet of a manufactured housing park roadway or within 10 feet of a manufactured housing site boundary.
(6)
In the manufactured housing parks and development districts, accessory buildings and structures shall not be permitted within 20 feet of the front property line.
D.
Lot coverage. In residential districts, the lot coverage of all types of accessory buildings and structures located in the required rear yard shall not exceed 25% of the required rear yard area.
E.
Permit required. An accessory structure permit shall be required prior to commencing construction of any accessory structure pursuant to § 201.
F.
Number of accessory buildings and structures.
(1)
In the R-3, R-4, R-6 and Planned Unit Development Districts, a detached garage or carport and not more than two additional accessory buildings per dwelling unit are permitted; in the R-2 District, four accessory buildings per dwelling unit are permitted; in the R-1 District, four accessory buildings, in addition to a carport or garage, are permitted.
(2)
In districts where dwelling units are not the primary use, the area of accessory buildings is subject to site plan review and shall not exceed 20% of the primary structure square footage.
G.
Accessory dwelling units.
(1)
R-1, R-2, R-3 and B-2 Districts. Accessory dwelling units are permitted in the R-1, R-2, R-3 and B-2 Districts, provided that the properties are being served by City water and City sewer.