4.1.1 Purpose. The planned development (PD) district is a special purpose district, intended to accommodate combinations of business and residential uses in areas of older structures or vacant land that may include new types of housing, residential/commercial conversions, infill development, starter homes, cluster homes, senior living developments, and planned commercial development. In all cases, new development in the PD district should be adequately served by infrastructure. The PD district is further intended to encourage innovative land planning and site design that ensures neighborhood, resource, and environmental protection, high quality appearance, open space preservation and the provision of amenities and other city goals by:

A.

Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for development on individual lots;

B.

Allowing greater freedom in selecting the means to provide access, light, open space and design amenities; and

C.

Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land use arrangements.

The PD district is intended to implement the infill and redevelopment policies of the comprehensive plan. It may also be used to implement the planning policies of the comprehensive plan's "mixed use" land use designation in isolated locations throughout the city, including locations along Piñon Hills Boulevard.

4.1.2 Applicability. A PD district may be approved only when the applicant demonstrates to the satisfaction of the city council that a proposed PD project would not negatively affect surrounding property and uses and/or result in a greater benefit to the city than would development under conventional zoning district regulations.

4.1.3 Approval procedures. PD district developments shall be reviewed and approved in accordance with the procedures of section 8.7, zoning map amendments (rezoning). The approved PD master plan shall control development within a PD district.

4.1.4 Identification on zoning maps. Approved PD district developments shall be indicated on the official zoning map.

4.1.5 Allowed uses. Allowed uses in the PD district shall be established as part of the rezoning application approval process.

4.1.6 Density and dimensional standards. Density and dimensional standards in the PD district shall be established as part of the rezoning application approval process.

4.1.7 Master plan requirement. In establishing a PD district in accordance with this section, the city council shall require a master plan of the development. The PD master plan shall be approved and filed prior to and as part of the approval. Such required plan and ordinance shall set forth the following:

A.

A comparison of the proposed development with the standards of the underlying zoning district and a statement by the applicant describing how the proposed development provides greater benefits to the city than would a development carried out in accordance with otherwise applicable zoning and development regulations;

B.

A narrative addressing the proposed development explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density and/or square footage of nonresidential uses per net acre, common open space acreage, potential traffic generation, overall character and architectural style, the relationship of the proposed development to existing development in the area and other related development features;

C.

A site plan prepared in accordance with the requirements of section 8.5 shall be approved and filed with the findings of fact and conclusions of law as part of the approval; including but not limited to, major streets, major utilities, existing and proposed land uses, entrance locations on existing streets, common open space, landscaping plan and a conceptual drainage plan;

D.

Density and dimensional standards to be applicable within the PD district;

E.

Identification of site planning features designed to ensure compatibility between on-site residential and nonresidential uses, and with the surrounding neighborhood and land uses;

F.

A statement of how the proposed development is consistent with the comprehensive plan; and

G.

Other relevant information as may be requested by the director or designee.

4.1.8 District standards. District standards applicable in the PD district include the following:

A.

Compliance with applicable development standards of Article 5.

B.

A minimum of ten percent of the site shall be developed as usable common open space; i.e., pocket park, play space, plaza, picnic area, etc. Usable common open space shall include buildings and/or facilities devoted to recreational and social center purposes, but shall not include areas used for vehicle traffic or common trash collection, service areas for unoccupied dwellings, travel trailers, boats, or campers.

(1)

A reduction in the required usable open space requirement may be granted, up to a maximum of three percent subject to the following:

a.

Up to three percent reduction if 90 percent of the open space is usable and incorporates the use and protection of outstanding natural topography and geological features, or incorporates the use and protection of significant natural drainage elements.

b.

Up to two percent reduction if 80 percent of the open space is usable and incorporates the use and protection of outstanding natural topography and geological features, or incorporates the use and protection of significant natural drainage elements.

c.

Up to one percent reduction if 70 percent of the open space is usable and incorporates the use and protection of outstanding natural topography and geological features, or incorporates the use and protection of significant natural drainage elements.

C.

Mature trees, vegetative cover, watercourses, and other natural site features must be preserved to the maximum extent feasible.

4.1.9 Additional conditions. The city council shall impose such other conditions as are deemed necessary to accomplish the purposes of this section, this UDC and the comprehensive plan.

4.1.10 Architectural review. The planning and zoning commission may require an architectural site plan to review for the purpose of promoting the preservation of the visual character of the neighborhood, the stability of land values and investment, the public safety, and the general welfare by preventing the erection of structures or additions or alterations thereto of unsightly or obnoxious appearance, which are not properly related to their sites or to prevent the indiscriminate clearing of property, excessive grading, and the destruction of trees and shrubbery. In carrying out the purpose of this section with respect to the external design of the buildings, approval shall be considered in accordance with the following objectives:

A.

Reducing the adverse visual impacts of structures which, because of size, scale, color, or location, are out of harmony with the neighborhood in which they are to be constructed.

B.

Minimizing disturbances to the natural terrain and existing significant vegetation; enhancing drainage; reducing soil erosion; and otherwise maximizing compatibility with policies and regulations of this UDC.

C.

It is the intent of this section that the city shall exercise the minimum control necessary to achieve the overall objectives thereof.

4.1.11 Minor amendments.

A.

The following minor amendments to the PD master plans shall be reviewed and, if appropriate, approved by the director or designee:

(1)

Changes that result in a decrease in assigned density or intensity for a specific parcel, either residential or nonresidential.

(2)

Change in land use designation from multifamily to single-family or a change from any other use to open space/recreation.

(3)

Change in major infrastructure features (e.g. roads/access, sewer, water, storm drainage) of the master plan area which are clearly beneficial to the occupants of the master plan area.

(4)

Change in land use designation from single-family to multifamily with no increase in permitted site-specific density.

B.

The applicant requesting such change shall notify the property owners' association, at least 15 days prior to any decision that would be affected by the change of the request and ask that all comments be directed to the director or designee. Proof of such notification shall be provided to the director or designee. If the director or designee determines that the change does not have the support of the affected property owners, the request will be referred to the city council for review.

4.1.12 Major amendments. All other proposed amendments to a listed master plan or master plan text not specifically addressed above shall be considered major amendments and must be processed in accordance with the procedures and requirements of section 8.7, zoning map amendment (rezoning).

4.1.13 Effect on other UDC standards. Except as expressly authorized by the regulations of this section and approved as a part of a PD master plan in accordance with the procedures of section 8.7, zoning map amendments (rezoning), the standards of this UDC shall apply to development within a PD.

(Ord. No. 2021-1325, 3-9-21)

4.2.1 Purpose. The planned unit development (PUD) district is an overlay-zoning district which allows modification relative to the otherwise applicable dimensional requirements of the underlying base district as specified in section 2.8, density and dimensional standards, in order to:

A.

Promote flexibility in the siting of structures to preserve and take advantage of the site's unique, natural, resource or scenic features and to avoid or mitigate any hazardous area;

B.

Encourage more efficient use of land and public streets, utilities, and governmental services;

C.

Preserve open space for the benefit of residents of developments as well as the community in general;

D.

Achieve a compatible land use relationship with surrounding areas; and

E.

Promote greater variety in the type and design of buildings and thereby improving the character and quality of new development.

4.2.2 Applicability. A PUD district may be approved only when the applicant demonstrates to the satisfaction of the city council that a proposed PUD project would not negatively affect surrounding property and uses and/or result in a greater benefit to the city than would development under conventional zoning district regulations.

4.2.3 Approval procedures. PUD district developments shall be reviewed and approved in accordance with the procedures of section 8.7, zoning map amendments (rezoning). The approved PUD master plan shall control development within a planned unit development.

4.2.4 Identification on zoning maps. Approved PUD district developments shall be indicated on the official zoning map.

4.2.5 Allowed uses. Allowed uses in the PUD district shall be those of the underlying district.

4.2.6 Density and dimensional standards. The following otherwise applicable standards (i.e., those of the underlying zoning district) may be modified by the city council during the planned unit development approval process. Such modifications shall be indicated in the ordinance that rezones the property. Standards not listed are not eligible for modification.

A.

Lot size. The minimum lot size standards of the underlying zoning district may be reduced during the PUD review and approval process, provided that overall density allowed in the underlying district is not exceeded.

B.

Setbacks. The minimum setback standards of the underlying zoning district may be reduced during the PUD review and approval process. Unless otherwise expressly approved during the PUD review and approval process, buildings located on the periphery of the PUD must be set back a minimum of 30 feet from the PUD district boundary. Setback standards imposed by the standards of section 5.10, residential protection standards, may not be reduced.

C. Height. The maximum height limits of the underlying zoning district may be increased during the PUD review and approval process. Height limits imposed by the standards of section 5.10, residential protection, may not be increased.

4.2.7 Master plan requirement. In establishing a PUD district in accordance with this section, the city council shall require a master plan of the development. Such master plan shall be approved and filed as part of the PUD approval prior to the issuance of any building permit in a PUD district. Such required plan and ordinance shall set forth the following for each sub-area:

A.

Proposed land use plan including the number and type of dwelling units, total floor area for nonresidential developments, significant common open space, natural areas or recreation features to be incorporated into the development plan;

B.

Requirements for ingress and egress to the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, parking space, setbacks, height of building, yards and common open spaces, screening walls or fences, landscaping and other development and protective requirements including maintenance considered necessary to create a reasonable transition to and protection of the adjacent property;

C.

Locations of significant natural features including but not limited to steep slope areas, natural drainageways and floodplains, wetlands, ridges, and unique stands of vegetation and rock outcrops;

D.

The approximate locations of elements such as a golf course and related facilities, or other recreational facilities and common open space, major roads, trails and other dominate features of the plan; and

E.

Conceptual plans and/or reports identifying design compatibility and preservation techniques intended for landscaping, natural features, screening, lighting, and other site/building design elements in the PUD master plan.

4.2.8 District standards.

A.

Maximum density. The PUD shall not automatically permit the maximum density allowed in the zone district in which the PUD is located. The applicant shall be required to give his rationale and justification for the density proposed, considering such factors as the suitability for development of the land in terms of natural features and constraints; the availability of public transportation; and the conformance with the applicable regulations of this UDC.

B.

Open space. At least ten percent of the gross land area in planned unit developments must consist of common open space.

(1)

A reduction in the required usable open space requirement may be granted, up to a maximum of three percent subject to the following:

a.

Up to three percent reduction if 100 percent of the open space preserves and protects outstanding natural topography and geological features, and/or preserves and protects the significant natural waterways (i.e. parks, play areas, or other active uses).

b.

Up to two percent reduction if 70 percent of the open space preserves and protects outstanding natural topography and geological features, and/or preserves and protects the significant natural waterways (i.e. parks, play areas, or other active uses).

c.

Up to one percent reduction if 50 percent of the open space preserves and protects outstanding natural topography and geological features, and/or preserves and protects the significant natural waterways (i.e. parks, play areas, or other active uses).

C.

Roadway access. Unless otherwise expressly approved during the planned unit development approval process of section 8.7, principal vehicular access to planned unit developments must be from collectors or higher classification streets.

D.

Preservation of natural features. Mature trees, vegetative cover, watercourses, and other natural site features must be preserved to the maximum extent feasible.

4.2.9 Additional conditions. The city council may impose such other conditions as are deemed necessary to accomplish the purposes of this section, this UDC and the comprehensive plan.

4.2.10 Architectural review. The planning and zoning commission may require an architectural site plan to review for the purpose of promoting the preservation of the visual character of the neighborhood, the stability of land values and investment, the public safety, and the general welfare by preventing the erection of structures or additions or alterations thereto of unsightly or obnoxious appearance, which are not properly related to their sites or to prevent the indiscriminate clearing of property, excessive grading, and the destruction of trees and shrubbery. In carrying out the purpose of this section with respect to the external design of the buildings, approval shall be considered in accordance with the following objectives:

A.

Reducing the adverse visual impacts of structures which, because of size, scale, color, or location, are out of harmony with the neighborhood in which they are to be constructed.

B.

Minimizing disturbances to the natural terrain and existing vegetation; enhancing drainage; reducing soil erosion; and otherwise maximizing compatibility with policies and regulations of this UDC.

C.

It is the intent of this section that the city shall exercise the minimum control necessary to achieve the overall objectives thereof.

4.2.11 Minor amendments.

A.

The following minor amendments to PUD master plans shall be reviewed and, if appropriate, approved by the director:

(1)

Changes that result in a decrease in assigned density or intensity for a specific parcel, either residential or nonresidential.

(2)

Change in land use designation from multifamily to single-family or a change from any other use to open space/recreation.

(3)

Change in major infrastructure features (e.g. roads/access, sewer, water, storm drainage) of the master plan area which are clearly beneficial to the occupants of the master plan area.

(4)

Change in land use designation from single-family to multifamily with no increase in permitted site-specific density.

B.

The applicant requesting such change shall notify the property owners' association, at least 15 days prior to any decision, that would be affected by the change of the request and ask that all comments be submitted to the director. Proof of such notification shall be provided to the director. If the director determines that the change does not have the support of the affected property owners, the request will be referred to the city council for review.

4.2.12 Major amendments. All other proposed amendments to a listed master plan or master plan text not specifically addressed above shall be considered major amendments and must be processed in accordance with the procedures and requirements of section 8.7, zoning map amendment (rezoning).

4.2.13 Effect on other ordinance standards. Except as expressly authorized by the regulations of this section and approved as a part of a PUD master plan, the standards of this UDC shall apply to development within a PUD.

4.3.1 Purpose. The airport noise overlay (ANO) district is intended to establish standards that assure the long-range, safe, and beneficial use of the Four Corners Regional Airport. ANO district standards are intended to apply in combination with the underlying base zoning district(s) to impose regulations and standards in addition to those required by the base district and to apply whenever they are in conflict with or are more stringent than those in the base district.

4.3.2 Applicability. ANO District standards apply to properties located within the boundaries of the noise compatibility zones near, or adjacent to Four Corners Regional Airport as shown on the official zoning map and as described below:

A.

In order to carry out the provisions of this section, the ANO district shall be divided into the following day/night equivalent sound level zones, which are computed according to United States Environmental Protection Agency Standards and Procedures:

(1)

LDN Zone 1—Designated area over which the noise rating is less than 65 LDN.

(2)

LDN Zone 2—Designated area over which the noise rating is between 65 and 70 LDN.

(3)

LDN Zone 3—Designated area over which the noise rating is between 70 and 75 LDN.

(4)

LDN Zone 4—Designated area over which the noise rating exceeds 75 LDN.

B.

The boundaries of the ANO and the above zones are hereby established as shown in the official zoning map, entitled "Airport Noise Overlay Map for the Four Corners Regional Airport."

C.

The boundaries of the above zones establish expected airport area intermittent noise levels, based on average ambient conditions and existing and projected aircraft operations. The effect of noise generated by any other specific use is not reflected in the LDN contours. No assurance is made or intended, nor should it in any way be interpreted, that a specific use considered compatible within an LDN Zone area will meet the noise safety standards, and no use determined compatible shall be allowed unless it is determined that the use will meet the noise safety standards for that zone.

4.3.3 Density and dimensional standards. All uses in the ANO district shall be subject to the density and dimensional standards of the underlying zoning district, except as modified by any adopted airport master plan.

4.3.4 Allowed uses. Uses are allowed in the ANO district shall be as follows:

A.

Any development which is proposed that is in more than one zone shall be limited to the more restrictive zone.

B.

No designation of compatible use contained in the table below shall be construed to abrogate or contravene the other provisions of the Code or any other local, state, or federal regulation. Uses provided in this section are allowed only if allowed under the other provisions of the Code.

4.3.5 District standards. All uses in the ANO district shall be in compliance with the airport master plan, airport layout plan, and noise contour map as adopted by the City of Farmington Airport Advisory Commission, and incorporated into this section by reference as it pertains to airport land uses, and subject to the regulations of this section.

A.

Creation of airport hazards prohibited. No variance, permit, or use shall be allowed that would create or enhance an airport hazard.

B.

General use and operational limitations. No use shall be permitted which:

(1)

Creates or tends to create electrical interference to navigational devices and communication between aircraft and airports;

(2)

Creates or tends to create gas, smoke, dust, glare, or other visual hazard in the atmosphere around airports or in the airport hazard area;

(3)

Creates or tends to create structures that interfere with aircraft safety; or

(4)

Creates or tends to create any type of hazard for the airport that would inhibit or constrain safe and acceptable airport operations.

C.

Height limitation. The maximum height for all structures, except for the airport tower, air service buildings and facilities approved as part of the airport layout plan, shall be 35 feet. The height of the airport tower, air service buildings and facilities shall be in accordance with the airport layout plan. Notwithstanding the foregoing, in no case shall a structure be at a height that creates or tends to create an airport hazard.

D.

Architecture and landscaping.

(1)

The architectural style of accessory hangers, storage and maintenance facilities, and similar service uses shall be complementary to the principal structures and appropriate for the site and proposed use.

(2)

The landscaping around the buildings shall be low maintenance and extend 20 to 30 feet around the buildings.

(3)

All buildings shall comply with applicable federal, state and local standards.

4.3.6 Mandatory referral. Prior to the issuance of special use permits, development permits, or building permits, permit applications shall be referred to the airport advisory commission and to the Federal Aviation Administration, Albuquerque Airport District Office (FAA) for comment. In making its determination as to whether a proposed land use is consistent with the standards of this section, the city shall give substantial weight to the recommendations of the City of Farmington Airport Advisory Commission and the FAA.

4.4.1 Purpose. The residential preservation (RPO) overlay zoning district is intended to facilitate adaptive re-use and preservation of older residential structures, and compatible new development. RPO district uses are encouraged to occupy existing residential structures without changing the character of such structures, and to emphasize pedestrian rather than vehicular access. The requirements of the overlay district shall apply whenever they are in conflict with or are more stringent than those in the base district.

The RPO district is intended to implement the residential planning policies of the comprehensive plan's "Mixed Use" land use designation, and policies applicable to the civic center neighborhood as described in Chapter 6, downtown neighborhoods.

4.4.2 Applicability. RPO district standards shall apply to the development of the following uses on properties identified on the official zoning map:

A.

New multifamily residential and nonresidential construction;

B.

An addition to an existing nonresidential building, or an interior or exterior remodeling of any existing building equal to 50 percent or more of the building's value (in the opinion of the director or designee) at the time of permit application; and

C.

Whenever there is a change in use (rezoning or special use permit) for which any city approvals are required.

4.4.3 Allowed uses. Uses are allowed in the RPO district shall be in accordance with underling zoning district standards of the use table of section 2.3.

4.4.4 Density and dimensional standards. All development in the RPO district is subject to the density and dimensional regulations of the underlying zoning district standards specified in section 2.8, density and dimensional standards, other applicable provisions of this UDC.

4.4.5 District standards. In addition to standards of the underlying zoning district and other applicable standards of this UDC, all development in the RPO district shall be subject to the approval of a "Certificate of Appropriateness" in accordance with the procedures of section 8.9, special use permits and the following standards:

A.

Where an existing single-family residence is converted to a duplex or nonresidential use, there shall be no additional entrances or other visible changes on the facade of the unit facing the street. Modifications to the side or rear of the home shall, to the extent possible, conform to the design of the original residence. Any exterior stairs shall be placed onto the rear of the residence, or where rear placement is infeasible, onto the side of the residence. Exterior stairs shall be compatible in treatment to the original residence.

B.

To the extent practical, all parking shall be located in a rear yard. All parking shall be accessed from an alley, where alley access is available, or from a single common driveway where such alley access is not available. Paving of the front yard for parking shall be prohibited.

C.

All new structures and complete renovation shall incorporate some of the desirable design elements common to the civic center neighborhood, such as front porches, pitched roofs, gables, chimneys, picket fenced front yards.

D.

Front setbacks and maximum height shall be influenced by (increased or decreased) by the adjacent or nearest buildings to ensure compatibility and consistency.

(Ord. No. 2021-1325, 3-9-21)

4.5.1 Purpose. The special mobile home area overlay (SMHAO) district is intended provide for existing situations and is not expected to be applied to additional area in the future. The SMHOA district shall apply in combination with the underlying base zoning district to impose regulations and standards in addition to those required by the base district. The requirements of the overlay district shall apply whenever they are in conflict with or are more stringent than those in the base district.

4.5.2 Applicability. SMHAO district standards shall apply to the development of the following uses on properties identified on the official zoning map.

4.5.3 Allowed uses. Uses are allowed in the SMHAO district shall be in accordance with underlining zoning district standards of the use table of section 2.3.

4.5.4 Density and dimensional standards. All development in the SMHAO district is subject to the density and dimensional standards of underlying zoning district standards specified in section 2.8, density and dimensional standards, other applicable provisions of this UDC.

4.5.5 District standards. In addition to standards of the underlying zoning district and other applicable standards of this UDC, all mobile home development in the SMHAO district shall comply with the use standards of section 2.4.32, mobile homes and manufactured home, single section.

4.5.6 SMHAO. Multi-section manufactured homes within the SMHAO are exempt from the requirement of being placed on a slab-on-grade or permanent stem-wall foundation.

(Ord. No. 2021-1325, 3-9-21)