Front yard. Fences shall only be allowed in front yards, provided they meet the requirements set forth in Subsection C(1) below on sight obstruction.

Side and rear yards on corner lots. Solid fences, open fences or hedges not exceeding eight feet in height are permitted in any district in the required side yard area and within a projection of the same width through the rear yard to the rear property line in those side and rear yard areas adjacent to a street. These limitations are subject to the additional requirements of Subsection C of this section.

Commercial and industrial districts. Fences or walls not exceeding eight feet in height are permitted in any of the commercial and industrial districts, but not within the required front yards.

Double-frontage lots. Fences, hedges or walls on double-frontage lots are limited in § 602.

It shall be the sole duty and responsibility of the owner or occupant of any corner lot to ensure that unobstructed vision for traffic safety is maintained such that there shall be located no structure, fence, wall, hedge, natural growth, sign or other object which materially impairs vision within an area bounded by the lot lines and a line joining points along each lot line 30 feet from their point of intersection with each other and the extension of the line into the unpaved area of the adjacent right-of-way, between a height of three feet and 10 feet above the center-line grade of the intersecting streets, except as provided for in Subsection C(3) of this section.

Whenever any owner or occupant suffers or permits the existence of a sight obstruction, the Planning Director, upon complaint or his own initiative, shall give notice, in writing, to the owner or occupant of the existence of the sight obstruction and of the owner's responsibility, within 30 days of receipt of such notice, to remove the sight obstruction or to show cause, in writing, to the Planning Director why such obstruction should not be removed. Such notice shall be served to the property owner or occupant either personally or by certified mail. The owner's or occupant's failure to remove the sight obstruction or to show cause within the time specified shall be deemed to be:

The requirements of Subsection C(1) and (2) of this section shall not apply to:

The requirements of Subsection C(1) through (3) of this section are declared to be the minimum and in no way prohibit the City of Española from applying more restrictive height and location standards where such action is warranted in consideration of the health, safety, and general welfare of the community.

Any structure, fence, wall, hedge, natural growth, tree, sign or other object erected, placed or allowed to remain in place which does not comply with the requirements of Subsection C(1) through (4) of this section is a sight obstruction.

In the R-1 District, in the rear yard but not on lot lines, abutting equestrian trails, public rights-of-way or City-owned lands.

In all zoning districts where needed for security or safety purposes, barbed wire may be added to fences above six feet subject to Planning Director approval. Barbed-wire fences are not permitted on residential lots except as allowed for lots in the R-1 District.

On a corner lot in a residential district, the owner has a choice of which yard is the front yard and to construct the dwelling unit accordingly, unless the front yard is designated on the recorded plat of the subdivision.

The elected or designated front yard shall conform to the site development requirements for the district. The other yard abutting a street is a side yard and shall have a minimum setback of 15 feet.

Eaves, cornices, sills, chimneys, awnings and other nonstructural features may project no more than two feet into any required setbacks.

Fire escapes and fire-resistive outside stairways may project into any required rear or side yard as permitted by the latest version of the New Mexico Building Code and/or Uniform Building Code.

A roofed breezeway connecting a main structure and accessory structures may project into the required rear setback in any residential district if the breezeway is a minimum of five feet from all lot lines and open on all sides except for the supporting posts.

Covered patios, porches or decks attached to the main structures may extend to a maximum of 40% of the distance into the required rear setback; provided, however, that the space under the cover is open on at least three sides. The covers may not extend into the required front or side setbacks, except in the R-1 through R-4 Districts, where a covered, one-story porch, open on three sides, may encroach not more than five feet into the required front setback. In both cases, the eave of the patio or porch cover may project an additional two feet into the required setback.

Uncovered porches or decks may extend 40% of the distance into a required rear setback but may not extend any distance into a required side or front setback. Uncovered walkways, driveways, steps, patios or courtyards may extend any distance into any required yard.

Open balconies or bay windows may project five feet into any required rear setback and two feet into the required front yard.

A carport, consisting of a roof that has no walls, or wholly or partially enclosed walls, except those that are part of the main structure to which it is attached, shall project no more than 40% of the distance into the required front yard setback.

Not more than 25% of the area of the main dwelling may be used for home occupations. There is no limitation to the area of the lot or accessory buildings that may be used for agricultural, horticultural or animal husbandry home occupations; the total area used in other home occupations shall not exceed 25% of the area of all buildings on the lot. Any area of the main dwelling used in the home occupation shall be included in determining the total area so used.

Retail sales on the premises shall be permitted, but shall be restricted to not more than 10% of the dwelling unit floor area for storage and display of goods to be sold.

No more than one person outside the family shall be employed in a home occupation on the lot.

There shall be no visible exterior display or storage of materials used in the home occupation or business, except that materials used in agricultural, horticultural and animal husbandry occupations may be stored outside of a building or in such a way as to be visible from off the lot. Other than the exception in this Subsection A(4), there shall be no exterior indication of the home occupation or variation from the residential character of the main building or lot, except that a two-square-foot sign designating the permitted home occupation may be located on the lot. Also see Article IX for sign requirements.

There shall be no noise, vibrations, smoke, dust, odor, heat or glare detectable beyond the boundaries of the lot on which the home occupation is located, so as to constitute a nuisance.

The home occupation or business shall not create hazardous waste, or create pedestrian, automobile or truck traffic, or parking congestion significantly in excess of the normal amount found in a residential district.

No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the electrical line voltages off the premises.

The use shall not involve the use of signs or structures other than those permitted in the district.

The use must be clearly incidental and secondary to the primary use of the lot.

The use is the same as or similar to, but not restricted to, the following:

The following uses are not allowed:

The home occupation or business shall be carried on within the main building, an enclosed garage or other accessory building, or any combination of these.

An area no larger than 25% of the combined dwelling unit area and areas of all accessory buildings may be used for home occupations, but not more than 25% of the area of the main dwelling may be so used. In the remaining districts, an area no larger than 25% of the dwelling unit area may be used for home occupations, without regard as to how the area is apportioned between the dwelling unit and any accessory buildings.

Retail sales on the premises shall be permitted, but not more than 10% of the floor area of the dwelling unit shall be used for storage and display of goods to be sold.

No more than one person outside the family shall be employed in a home occupation on the premises.

There shall be no visible exterior display or storage of materials used in the home occupation or business, and no other exterior indication of the home occupation or variation from the residential character of the main building or lot, except that an unlighted, two-square-foot sign designating the permitted home occupation may be located on the lot. Also see Article IX for sign requirements.

There shall be no noise, vibration, smoke, dust, odor, heat or glare detectable beyond the boundaries of the lot on which the home occupation is located, so as to constitute a nuisance.

The home occupation or business shall not create hazardous waste, or create pedestrian, automobile or truck traffic, or parking congestion significantly in excess of the normal amount found in the district.

No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in electrical line voltages off the premises.

The use shall not involve the use of signs or structures other than those permitted in the district.

Such use must be clearly incidental and secondary to the primary use of the lot.

The use is the same as or similar to, but not limited to, the following:

The following uses are not allowed:

Carnival or circus. A temporary use permit may be issued for a carnival or circus for a period not longer than 15 days in any six-month period at the same site.

Holiday tree sales.

Contractor's office, equipment sheds and security fencing. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment shed or manufactured housing incidental to a construction project. Such permit shall expire one year after the date of issuance or upon the issuance of a certificate of occupancy, temporary or final, whichever occurs first. As part of the temporary use permit for a contractor's temporary office, security fences not exceeding eight feet in height may be erected on the construction site, with the location and material of the fence to be approved by the Planning Director as part of the temporary use permit for the contractor's office and/or equipment shed. Barbed wire may be utilized for added security, but only at the top of the fence above six feet. Such fences shall be removed on or before the expiration of the temporary use permit.

Caretaker's unit. In conjunction with the temporary use provisions of Subsection B(3) of this section, a temporary use permit may be requested for and issued for a caretaker's unit. Also see § 108, Definitions; rules of construction, for family use as part of a caretaker's unit.

Real estate office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new residential subdivision or development, such permit to expire one year after the date of issuance or upon completion of sales or rentals of all other property or units within the subdivision or development, whichever occurs first. A model home may be used as a temporary sales office. No residential use may be made of the office or model home.

Religious tent meeting. In any district, a temporary use permit may be issued for a tent or other temporary structure to house religious meetings for a period of not more than 10 days.

Temporary dwelling units during construction of a permanent single-family dwelling unit. For the purposes of this subsection, manufactured housing and recreational vehicles may be allowed as temporary dwellings. A temporary use permit may be issued for the use of a temporary dwelling unit during the construction of any single-family or two-family dwelling, subject to the following conditions:

Nonprofit fund-raising.

Seasonal sales of farm produce. A temporary use permit may be issued for the sale of unprocessed farm produce in any district, provided that the produce is sold from the same location in which it is grown. The permit shall be for a period of time not longer than the growing and harvest season in a year and may be issued to individuals, groups or organizations. Products sold at the Española farmers market are exempt from this provision.

Outdoor arts and crafts shows and exhibits. A temporary use permit may be issued for outdoor arts and crafts shows or exhibits located on public or private land or on public rights-of-way in any district, for a period not longer than 15 days in any ninety-day period. Vendors within New Mexico highway rights-of-way must obtain permits from the New Mexico Department of Transportation.

Temporary use permit. All commercial and professional activities conducted in commercial districts may request a temporary use permit to periodically conduct sidewalk or outdoor sales limited to not more than 30 calendar days in any twelve-month period, unless an alternative requirement is provided for elsewhere in the Española Municipal Code.

In residential districts, they may be temporarily used for a period of up to 30 days, with no more than two such periods per calendar year, by houseguests of the residents of the premises, provided that no money is received by the residents of the site for this privilege, or as a temporary dwelling during the construction of a single-family or two-family dwelling, through the issuance of a temporary use permit.

In all districts, the storage of inoperable vehicles is not permitted. However, they may be stored in an enclosed building in a rear yard and a maximum of three inoperable vehicles may be stored;

In all residential districts, storage of inoperable vehicles is not permitted within the area between the front property line and the front of the main structure.

Within commercial and industrial districts, storage of inoperable vehicles is permitted, as part of a permitted or special use and provided that the inoperable vehicles are contained within an enclosed building and that complies with all use requirements of the district and all conditions, if any, imposed by the Planning Commission or City Council.

Inoperable vehicles are prohibited in the public right-of-way or from encroaching upon the public right-of-way.

An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.

The location of the nuisance, address as well as physical location within said property.

A description of the abandoned vehicle.

An order to remove said vehicle or other acts necessary to abate the nuisance, such acts to be completed within 10 days from receipt of notice, unless a hearing is requested pursuant to Subsection C(6) below.

A statement that if the nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the City will abate such nuisance and assess the cost of such abatement against such person.

Any person receiving notice of an order to abate a nuisance may request a hearing before the municipal court on such matter within 10 days from the date of filing of the notice. Any notice of abatement served by the City shall advise the person allegedly committing the nuisance of his right to request a hearing before the municipal court.

Where such inside storage is not practicable and is justified with regards to health, safety or fire codes.

Where the outside storage of merchandise, manufactured products or raw materials open to view from the public right-of-way is a normal and standard practice, such as in auto sales, recreational vehicles, nursery stock and the like, but not including the storage of secondhand goods or materials and junk.

Where the outside storage is necessary during construction. In such case, the outside storage shall be allowed only during the time that the required building permits are active. Outside storage of such material shall create no hazard or visual obstructions as set forth in § 601, regarding sight obstructions, or create a fire, safety or health hazard.

Appliances and other mechanical equipment which is no longer operable or functional shall not be stored outside for a period of time exceeding 30 days. Refrigerators and freezers stored outside during this period must have doors removed.

Inoperable vehicles shall be stored in compliance with the provisions of § 610.

Recreational vehicles shall be stored in compliance with the provisions of § 609.

Storage in the public right-of-way is prohibited.

That the sale of animals or their by-products is limited to those raised or produced on-site, no importing of goods or products for sale is being conducted.

That the sale of agricultural products is limited to those raised on-site and that no importing of goods or products for sale is being conducted. No cannabis or cannabis products may be sold without appropriate licensure from the Cannabis Control Division and Planning Approval from the City, including homegrown or homemade cannabis or cannabis products.

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 or operator acquires, and complies with the requirements of, a home occupation permit, a site plan approval, and a valid business registration if selling agricultural goods.

That none of the aforementioned uses create a nuisance condition as defined by Chapter 254, Nuisances, of the Española Municipal Code, or amendments thereto.

(Reserved)

That a person or household may produce up six mature cannabis plants per person, up to 12 mature cannabis plants per household, provided that no homegrown cannabis or cannabis products may be sold or exchanged for anything of value.

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

R-1, Rural Residential District. Farm animals are allowed in this district at the following ratios:

R-2, Semirural Residential District. Farm animals are allowed in this district at the following ratios:

This chapter recognizes that differences between site-built homes and manufactured homes exist, and that such differences provide for a need to have separate regulations governing the placement and use of mobile homes and manufactured housing. It is the intent of this section to provide adequate regulations governing the placement and use of manufactured housing units.

Additionally it is the intent of this section to:

Permitted districts; unrestricted residential uses. Mobile homes and manufactured housing are permitted as primary residences, including rental units, in R-1 Rural Residential and R-2 Semirural Residential Districts.

Permitted districts; restricted residential uses. Mobile homes and manufactured housing are allowed in R-3 Suburban Residential, R-4 Large Lot Residential and R-6 Urban Residential Districts as primary residences only, but not to be used as rental units.

Restricted districts. Mobile homes and manufactured housing are not permitted in the following districts, except as temporary or emergency housing:

Permanent installation of mobile homes and manufactured housing. All manufactured homes placed in any district shall be required to be placed on a permanent foundation, with wheels and axles removed. All permanent foundations shall comply with the New Mexico Manufactured Housing Division Regulations for such structures. Additionally, the mobile housing shall be permanently attached to said foundation by anchors, straps, tie-downs or similar such devices as may be approved by the Building Inspector.

Temporary installation of mobile homes and manufactured housing. All mobile homes placed on a less-than-permanent basis must be placed on the piers and/or footings that are in general compliance with those developed and approved by the New Mexico Manufactured Housing Division. Temporary placement may be approved for no more than six months at any one time with one extension of no more than six months, and then only after special findings of fact and full public hearing by the Planning Commission as provided in this chapter.

The construction of mobile homes and manufactured housing shall comply with the Standards for Manufactured Homes adopted by the New Mexico Manufactured Housing Division.

All manufactured housing units shall be skirted in a manner that fully conceals all area beneath the manufactured house in a manner consistent with the siding on the manufactured house and must be approved by the Building Inspector, prior to issuance of a certificate of occupancy.

All materials shall be approved by the Building Inspector and must be self-ventilating or provide for no less than a total of three square feet per 250 square feet of floor area with all vents being located diagonally from each other. All vents shall be installed to prevent the entry of rodents and direct rainfall.

All mobile home skirting shall be installed in accordance with manufacturer's recommended instructions or in accordance with the regulations set forth and approved by the New Mexico Manufactured Housing Division.

The possessing, planting, cultivating, harvesting, drying, manufacturing of homemade cannabis products using nonvolatile solvents, alcohol or carbon dioxide or no solvents or transporting not more than six mature cannabis plants and six immature cannabis plants per person; provided that despite a household having multiple residents, no more than 12 mature cannabis plants may be present in one household; and provided further that if the person does not exceed the maximum number of cannabis plants, the person may possess the homegrown cannabis produced by the cannabis plants notwithstanding any weight limits; and

A person or household producing cannabis pursuant to this provision and the provisions of the Cannabis Regulation Act shall ensure the cannabis plants are in an area that is enclosed and locked. There shall be one or more locks to prohibit access by anyone other than the person producing cannabis, and there must be walls surrounding the plants that prevent them from being seen by those other than the person or household producing the cannabis.

Security plan. The applicant shall submit a security plan for review and approval by the Police Chief that meets at a minimum the current requirements specified by the State of New Mexico for their license type.

Fire Department review. The applicant shall submit to the Española Fire Chief or State Fire Marshall any plans, drawings, or schematics necessary for his approval that the proposed development will meet applicable fire codes. An inspection and approval of the facilities by the State Fire Marshall, Española Fire Chief, or their designee, is required prior to operation.

Zone District Provisions. Cannabis production, manufacture and retail as defined by the CRA is permitted only in the zone districts as specified herein, subject to specific licensure limitations, with the approval of the Planning and Zoning Commission or Planning Director as applicable, either of which shall consider access, traffic, water use, noise, emissions, fumes, odors and the recommendations of the Police Chief and Fire Chief, but which shall not unreasonably deny approval.

Allowable districts and facilities.

Cannabis producer super-microbusinesses. Producers who grow 100 or fewer mature plants are permitted within B-1, B-2, L-I and H-I zone districts and are subject to administrative approval by the Planning Director.

Cannabis producer microbusinesses. Any person who grow between 101 to 200 mature plants are permitted within B-2, L-I, and H-I zone districts and are subject to administrative approval by the Planning Commission.

Large cannabis producers. Producers who grow more than 200 plant mature plants are subject to approval by the Planning and Zoning Commission pursuant to the provisions of § 403.

Additional requirements.

Class 1, 2 or 3 Manufacturers shall be permitted in B-1, B-2, L-I and H-I Zone Districts.

Class 4 Manufacturers shall be permitted only in L-I and H-I Zone Districts.

The use, sale, manufacture production, storage or distribution of cannabis or cannabis products is prohibited on property that is occupied, owned, controlled, or operated by the City of Española.

It shall be unlawful for an individual to smoke or to consume cannabis products on property that is occupied, owned, controlled or operated by the City of Española.

It shall be unlawful for anyone to smoke or to consume any cannabis of any kind, whether lawfully purchased or not, in any public place or in any street or in any government building, whether state or federal, or in any public.

It shall be unlawful for an individual to smoke marijuana or consume cannabis products in any open space in City of Española.