Las Vegas City Zoning Code
ARTICLE X
Limitations of Land Uses in Various Zones
§ 450-119 RA Residential Agricultural Zone.
[Amended 6-10-1998; 2-13-2001 by Ord. No. 99-37; 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone is intended for general light agricultural purposes, with appropriate single-family residences and accessory buildings, to be placed in areas where the demand for urban development has, as yet, not been made. The following regulations shall apply in the RA Residential Agricultural Zone.
B.
Permitted uses in the RA District. A building or premises on a lot in the RA Zone shall be used for the following purposes only:
(1)
Farm or ranch
(2)
Public parks, open space, playgrounds, playfields.
(3)
Home occupations, provided the following conditions are complied with:
(a)
No person outside the immediate family occupying the premises shall be employed.
(b)
No stock-in-trade shall be displayed on the premises at any time.
(c)
Only one occupation shall be permitted on the premises at any one time.
(d)
All activities shall be conducted entirely within the dwelling. Family child-care homes or community adult residences shall require an entirely fenced yard.
(f)
There shall be no external evidence of the activity such as commercial vehicles, outside storage of stock or materials, and no noise, odor, dust, fumes, or other nuisance shall be emitted from the premises.
(g)
Each home occupation shall be fire inspected.
(4)
One single-family dwelling per acre, including manufactured housing.
(5)
Plant nursery and greenhouse.
(6)
Agricultural and horticultural uses except the raising of hogs, pigs or other livestock fed from garbage or offal or any uses which produce noxious odors.
(7)
Roadside stand offering for sale only farm products, which are produced upon the premises, provided such stands shall be removed during any period when they are not in use.
(8)
Mobile homes, and storage only of recreational vehicles, travel trailers, truck campers, camping trailers, and self-propelled motor homes and/or such are not used for human habitation nor shall they be connected to any public or private utility system such as water, gas, electricity, or sewage disposal.
(9)
Accessory uses and buildings customarily incidental to any of the above uses, when located on the same lot or parcel and not involving the conduct of business.
(10)
Bed-and-breakfast.
(11)
Family child-care home with a minimum of five and not more than 12 nonresident children.
(12)
Community adult residences, state licensed or state operated, serving 10 or fewer persons.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII of this chapter. Special uses shall be subject to development impact review requirements pursuant to § 450-132.
(1)
(2)
Hospitals.
(3)
Golf courses, provided that the land area comprises at least 100 acres of land.
(4)
Fraternal organization clubs.
(5)
Privately owned schools, public schools and colleges.
(6)
Public utility structures.
(8)
Churches.
(9)
Rodeo grounds.
(10)
Art galleries and accessories.
(11)
Child-care centers.
(12)
Community adult residences, state licensed or state operated, serving 11 or more persons.
(13)
Cemeteries.
D.
Uses expressly prohibited.
(1)
Multifamily dwellings, per definition.
(2)
Commercial uses (except for those uses specifically listed as, special uses or allowed under a home occupation).
(3)
Industrial use, cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[4] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[4]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(4)
Slaughterhouse for livestock.
(5)
More than one dwelling per acre.
(6)
Livestock auction.
(7)
Junkyard or automobile wrecking yards.
(8)
Electric generating stations.
(9)
Uses similar in character to any of the above uses, as determined by the Community Development Department.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. Each lot or parcel shall have a minimum of one acre.
(2)
Population density. There shall be a minimum of one acre of lot area for each dwelling unit.
(3)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a depth not less than 30 feet as measured at right angles from the property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than 15 feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel extending across the full width of the property, said rear yard to have a depth of not less than 30 feet.
§ 450-120 RR Restricted Residential Zone.
A.
Purpose. This zone is intended to promote and encourage a suitable environment for single-family residential on large parcels of land near the periphery of the City where a low density of population is desired.
B.
Permitted uses in the RR District. Buildings and premises on any lot in the RR Zone shall be used for the following purposes only:
(1)
One single-family dwelling only.
(2)
Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products on the premises.
(3)
Guesthouse not containing any cooking facilities, and not rented or otherwise conducted as a business.
(4)
Home occupation, provided that the same conditions as listed in the RA Zone are met.
(5)
Accessory uses customarily incidental to the uses listed above.
(6)
One and only one unlighted sign not to exceed one square foot in area and containing only the name and address of the occupants of the premises.
(7)
Storage of sports trailers and campers subject to the same conditions specified in the RA Zone.
C.
Uses requiring special use permits.
D.
Uses expressly prohibited.
(1)
Multifamily uses.
(2)
Commercial uses, cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Industrial uses.
(4)
Use of trailers with or without wheels attached except as provided in § 450-120B(7) for storage of sports trailers and campers or similar in character.
(5)
More than one dwelling per lot.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. Each lot or parcel shall have a minimum of 1/2 acre.
(2)
Lot dimensions. Each lot shall have a minimum width of 75 feet. Each lot shall have a minimum depth of 200 feet.
(3)
Population density. There shall be a minimum of 1/2 acre of lot area for each dwelling unit.
(4)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of 30 feet as measured at right angles from the front property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than 10 feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than 30 feet.
§ 450-121 R-1 Single-Family Residential Zone.
[Amended 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone promotes low-density residential developments. The standards set forth for this district are designed to stabilize and protect the essential character of the areas so delineated, to promote and encourage a suitable environment for family life where there are children, to provide areas for suitable expansion of the City's facilities.
B.
Permitted uses in the R-1 District. A building and premises on any lot in the R-1 Zone shall be used for the following purposes only:
(1)
Single-family dwelling.
(2)
Home occupation, provided that the same conditions as are listed in the RA Zone are met.
(3)
Accessory uses customarily incidental to the uses listed above.
(4)
Public parks and playgrounds.
(5)
Bed-and-breakfast.
(6)
Storage of recreation vehicles, travel trailers, truck campers, camping trailers, and self-propelled motor homes subject to the conditions specified in the RA Zone.
(7)
Family child-care home, with a minimum of five but not more than 12 nonresidential children.
(8)
Community adult residences, state licensed or state operated, serving 10 or fewer persons.
(9)
Manufactured housing consistent with NMSA 1978, § 3-21A-3.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with provisions contained in Article VII of this chapter. Special uses are subject to site plan development requirement criteria pursuant to § 450-132.
D.
Uses expressly prohibited.
(1)
Multifamily uses.
(2)
Commercial uses, except for those uses specifically listed as special uses. There shall be no cannabis consumption area, commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Industrial uses.
(4)
Parking or storage of truck tractors, semitrailers, trailers, school buses but not limited to other large commercial vehicles over 10,000 pounds' gross weight.
(5)
More than one dwelling per lot.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. Each lot in the R-1 Zone shall contain a minimum area of not less than 6,000 square feet.
(2)
Lot dimensions. Each lot in the R-1 Zone shall have a minimum width of 60 feet. Each lot in the R-1 Zone shall have a minimum depth of 100 feet.
(3)
Population density. There shall be a minimum of 6,000 square feet of lot area for each dwelling unit in the R-1 Zone.
(4)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of 15 feet as measured at right angles from the front property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than seven feet in width.
§ 450-122 R-2 Multifamily Residential Zone.
[Amended 3-19-2003 by Ord. No. 03-03]
A.
Purpose. The R-2 Zone District is composed of medium-density concentrations of residential uses and open spaces where similar development appears likely to occur. The standards for this district are designed to stabilize and protect the essential character of the area so designated and to protect and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life. Development is, therefore, limited from low to medium concentrations.
B.
Permitted uses in the R-2 District. A building and premises on any lot in the R-2 Zone shall be used for the following purposes only:
(1)
Single-family dwelling.
(2)
Duplex.
(3)
Bed-and-breakfast.
(4)
Fraternity and sorority houses.
(5)
Home occupations, subject to the same conditions specified in the RA Zone.
(6)
Storage of recreational vehicles, travel trailers, truck campers, camping trailers, and self-propelled motor homes, subject to the same conditions specified in the RA Zone.
(7)
Accessory uses customarily incidental to the uses listed above.
(8)
Townhouse-type attached single-family residences shall be permitted on small lots, provided the following conditions are complied with and are subject to Chapter 280, Land Subdivision:
(a)
The minimum lot size being 2,400 square feet.
(b)
The minimum lot width for attached family residences being 20 feet.
(c)
The minimum front yard setback shall be 15 feet, except the setback for a garage or carport shall be not less than 20 feet.
(d)
Minimum setback on sides abutting other zones shall be 15 feet.
(e)
Minimum rear yard setback shall be 20 feet.
(f)
There shall be a side setback of seven feet from existing dwellings.
(g)
There shall be a minimum of 750 square feet of usable open space per unit.
(h)
Where an aggregate of five or more units is constructed on any given lot, the development shall include landscaping of the ground level usable open space according to a landscaping plan approved by the City's Community Development Department.
(i)
No storage or structures shall be permitted between the front property line of the unit and the front building line.
(j)
There exist in the deeds for each unit a covenant for the maintaining of the landscaping and for allowing entrance onto adjacent property for the maintenance for each unit.
(9)
Condominium units subject to the provisions as outlined in the Condominium Act which is cited as NMSA 1978, §§ 47-7A-1 to 47-7D-20.
(10)
Public parks and playgrounds.
(11)
Family child-care homes serving a minimum of five but not more than 12 nonresidential children and state licensed.
(12)
Community adult residences, state licensed or state operated, serving 10 or fewer persons.
(13)
Manufactured housing, consistent with NMSA 1978, § 3-21A-3.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII. Special uses shall be subject to site development plan requirements pursuant to § 450-132.
(1)
Hospitals.
(2)
Fraternal organization clubs.
(3)
Public schools, colleges and privately owned schools.
(5)
Churches.
(6)
Dwelling, multifamily including triplexes, apartment houses, garden apartments or other types of multifamily dwellings but not including motels or hotels. (See Appendix A.[2])
[2]
Editor's Note: Appendix A, Illustrations of Types of Multiple Dwellings, is included at the end of this chapter.
(7)
Art galleries and accessories.
(8)
Child-care center.
(9)
Community adult residences, state licensed or state operated, serving 11 or more persons.
D.
Uses expressly prohibited.
(1)
Commercial uses, except for those uses specifically listed as special uses or allowed under a home occupation. There shall be no cannabis consumption area, commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[3] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[3]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial uses.
(3)
Parking or storage of tractor trailers, semitrailers, trailers, school buses, but not limited to other or larger commercial vehicles over 10,000 pounds' gross weight.
(4)
Mobile homes.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. Each lot in the R-2 Zone shall contain a minimum area of not less than 7,000 square feet.
(2)
Lot dimensions. Each lot in the R-2 Zone shall have a minimum width of not less than 70 feet. Each lot or parcel of land shall have a minimum depth of 100 feet.
(3)
Population density. There shall be a minimum of 1,200 square feet for each family unit.
(5)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of 15 feet as measured at right angles from the front property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than seven feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than 15 feet.
(6)
Height limitation. No buildings or structures in the R-2 Zone shall have a height of more than four stories or 60 feet, whichever is less.
§ 450-123 R-3 Mixed Residential Zone.
[Amended 2-26-1981 by Ord. No. 75-33; 1-21-1988 by Ord. No. 76-19; 3-14-2001 by Ord. No. 01-4; 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone is intended to provide for the development of single-family homes, duplexes, and mobile homes where all public utilities are immediately available or can be readily obtained.
B.
Permitted uses in the R-3 Zone:
(1)
Single-family dwellings.
(2)
Public parks and playgrounds.
(3)
Duplexes and triplexes when they are conversions of older single-family residences.
(4)
Mobile homes.
(5)
Storage of recreational vehicles, travel trailers, truck campers, camping trailers, and self-propelled motor homes subject to the conditions in the RA Zone.
(6)
Accessory uses customarily incidental to the uses listed above.
(7)
Home occupations, provided that the same conditions as are listed in the RA Zone are met.
(8)
Bed-and-breakfast.
(9)
Family child-care home with a minimum of five but not more than 12 nonresidential children.
(10)
Community adult residences, state licensed or state operated, serving 10 or fewer persons.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII. Special uses subject to site plan development requirement criteria pursuant to § 450-132.
(1)
Hospitals.
(2)
Fraternal organization clubs.
(4)
Public utilities.
(5)
Churches.
(6)
Dwellings, multifamily, including triplexes, apartment houses, garden apartments or other types of multifamily, but not including motels or hotels.
(7)
Art galleries and accessories.
(8)
Child-care center.
(9)
Community adult residences, state licensed or state operated, serving 11 or more persons.
(10)
Mobile home parks, provided the standards outlined below are followed:
(a)
Three copies of an overall development plan shall be submitted to the Community Development Department showing proposed land uses for the entire area defined in the mobile home park. Additionally, this plan shall show the numerical designation or street name and number of each mobile home site in the park. Said plan shall also include utilities certification block which shall contain signatures for all utilities indicating that provisions for utility easements are adequate for the mobile home park and said plan shall include a City acceptance block signed by the City Manager and Community Development Director indicating that the plan is approved and accepted by the City of Las Vegas.
(b)
The minimum area for any such development shall not be less than one acre.
(c)
The mobile home park shall provide spaces that are well defined and delineated. Minimum lot size per mobile home unit shall be determined by the developer and must meet requirements outlined above.
(e)
The distance between any trailer and the front or rear property line of the trailer park shall be a minimum of 10 feet. There need not be any setback from the rear property line when adjacent to an alley.
(f)
The distance between any trailer and the side property lines of the trailer park shall be a minimum of seven feet.
(g)
The distance between any trailer and any building within the trailer park limits shall be a minimum of 20 feet.
(h)
There shall be at least one off-street parking space for each trailer on or abutting the lot on which the trailer is placed.
(i)
The mobile home park shall be located on a well-drained site and graded to ensure proper drainage of the site and shall meet the requirements set forth in Chapter 212, Drainage. The park shall be graded to control the increased runoff for a 100 per year frequency storm and may include catch basins or ponding areas for controlled entry of water into natural drainageways or storm sewers to insure that the increase does not overload the system, or cause damage to property and areas at lower elevations.[3]
(j)
Within the mobile home park, all private local streets shall have a minimum graveled roadway of 24 feet. Private collector streets shall have a minimum of 30 feet. All public streets shall observe right-of-way requirements and subdivision design standards set forth in Chapter 280, Land Subdivision, Article VI, Design Standards, of the Las Vegas City Code.
(k)
All mobile home parks shall have direct access into a paved, dedicated public street.
(l)
All driveways and walkways within the mobile home park shall be hard-surfaced and shall be lighted during the hours of darkness.
(m)
All mobile home parks shall be accessible to water, sewage, solid waste disposal, electricity and natural gas systems or the provisions of such services if existing systems are not available.
(n)
Water supplies shall be adequate to permit the operation of at least two, one-and-one-half-inch hose streams on any fire in a mobile home park. The water supply may be derived from hydrants connected to an underground water supply system, a reservoir or water supply source of not less than 3,000 gallons, or Fire Department apparatus equipped with a water tank(s). Hydrants shall be located along park streets or public ways and located within 500 feet of all mobile home sites.
(o)
All mobile homes shall be skirted with materials compatible with the siding of the trailer unless the unit is situated at ground level.
(p)
The perimeter of the park shall be landscaped within six months.
(q)
A development agreement ("agreement") between the mobile home park developer and the City shall be signed and executed before any construction begins. The agreement shall set forth a schedule of improvements listing the required improvements and a time schedule for installation of those improvements. A security shall be posted as a suitable guaranty to insure compliance with City development standards. If a cash security is offered, it shall be placed in an interest-bearing account and refunded upon completion and City acceptance of scheduled improvements. If a property bond is offered, a deed to the City shall be executed before any construction begins. No trailers shall be moved into the mobile home park until the following improvements are completed and formally accepted by the City:
D.
Uses expressly prohibited:
(1)
Commercial uses, except for those uses specifically listed as special uses or allowed under a home occupation. There shall be no cannabis consumption area, commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[4] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[4]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial uses.
(3)
Parking or storage of tractor trailers, semitrailers, trailers, school buses but not limited to large commercial vehicles over 10,000 pounds' gross weight.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. The minimum lot area for each dwelling unit thereon shall be 5,000 square feet.
(2)
Lot dimension. Each lot shall have a minimum width of 50 feet. Each lot shall have a minimum depth of 100 feet.
(3)
Population density. There shall be a minimum of 5,000 square feet of lot area for each single-family dwelling.
(4)
Gross density. There shall be up to 16 dwelling units per gross acre
(5)
Yards.
(a)
Front yard. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of 15 feet as measured at right angles from the property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than five feet in width.
(6)
Height limitations. The height of the buildings or structures in the R-3 Zone shall not exceed two stories or 30 feet, whichever is less, except as provided in § 450-35 of this chapter.
(8)
Mobile homes shall be skirted with materials acceptable with the siding of the mobile home within six months unless the unit is situated at ground level.
(9)
When applying for a building permit in this district, a landscaping plan shall be submitted to and approved by the Community Development Department, indicating:
(a)
All land areas, which are to be unpaved or not covered, by buildings;
(b)
Ground cover materials, including shrubs, turf, or native grass, or other appropriate ground cover and trees shall be included as part of each landscaping plan;
(c)
Visual screening materials shall be planted in a five-foot-wide buffer strip along property lines where conflicting land uses such as conventionally built homes and mobile homes are on adjacent properties. This buffer strip shall be maintained at a height of no more than six feet by the property owner.
(d)
The location, size, and type of all aboveground and underground utilities and structures with proper notation of any safety hazards to avoid during landscaping installation.
(e)
All plant material shall be healthy and in place prior to issuance of a building permit. A temporary permit may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.
§ 450-124 C-1 Neighborhood Commercial Zone.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to provide for the development of limited commercial enterprises in the neighborhood areas in which they are situated in order to supply convenience goods and services to the residents of these neighborhood areas.
B.
Permitted uses in the C-1 District.
(1)
Apartments are allowable in multistory buildings.
(2)
Institutions.
(a)
Church or other place or worship, including incidental recreation and educational facilities.
(b)
Museums and libraries.
(c)
Public buildings and uses operated for public purposes, provided such buildings are designed and constructed in such a manner that the character of the area is not altered.
(d)
Schools and colleges, together with the necessary facilities and equipment to insure their proper operation.
(3)
Offices, business and professional.
(4)
Public utilities or utilities operated by mutual agencies consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains, provided any buildings necessary to such utilities are similar in design and structure to other buildings in the area of the proposed use.
(5)
Retail sales of the following goods:
(a)
Art or antique shops, provided that all activities shall be conducted within a completely enclosed building and no outdoor storage shall be permitted.
(b)
Bakery goods shop or confectionery store wherein a majority of the products are sold on premises and at retail.
(c)
Books, magazines, newspapers, stationary stores.
(d)
Clothing, shoes, dry goods.
(e)
Cosmetic, notions, hobby supplies.
(f)
Drugs, medical supply.
(g)
Flowers and plants.
(h)
Food and drink for consumption on premises, but not drive-in restaurants.
(i)
Gasoline, oil, liquefied petroleum gas for vehicular sales.
(j)
Convenience grocery stores.
(k)
Sporting goods.
(6)
Services.
(a)
Bicycle, and motorized bicycle repairing.
(b)
Banking or financial institutions.
(c)
Barber shops, beauty shop, shoeshine stand, or other such personal service establishment.
(d)
Day-care center.
(e)
Dry cleaning, laundry, clothes pressing, provided:
[1]
Inflammable or combustible materials shall not be used in any cleaning process.
[2]
All activities shall be conducted within a completely enclosed building and no outdoor storage shall be permitted.
[3]
Such agency or establishment shall be operated principally as a retail business.
[4]
That portion of the building in which any cleaning process shall be done shall be at least 50 feet from any R-1, R-2, RA or RR Zone.
(f)
Medical or dental clinics.
(g)
Photography studio.
(h)
Repair of shoes, household equipment.
(i)
Service station for automobiles, provided it complies with the following requirements:
[1]
Any tube or time repairing, battery charging or the like shall be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside a building, a solid wall or fence or a compact evergreen hedge at least six feet high shall be maintained between such activity and any abutting or contiguous R-1, R-2, RA or RR Zone.
(j)
Tailoring and dressmaking.
(k)
Pet grooming parlors, pet shops. All business service or processing shall be conducted wholly within a completely enclosed building. Pet grooming parlors and pet shops shall comply with the provisions of Chapter 118, Animals, of the Code of the City of Las Vegas.
[Added 2-13-2001 by Ord. No. 99-37]
(7)
Signs for advertising, identification or direction pertaining to a use conducted within a building, provided:
(a)
The sign is located entirely on private property and no part of which shall extend over a sidewalk or property line.
(b)
The sign is so located as not to reflect into any RR, RA, R-1, R-2 or any residential portion of PC, RH1, or CH1 Zones.
(c)
A freestanding sign does not exceed 25 square feet.
(d)
A sign attached to a building or wall does not protrude more than 4 1/2 feet from the wall of the building and no point of which is lower than eight feet from the ground and does not extend beyond the property line or over the sidewalk.
C.
Uses requiring special use permit.
(1)
Automobile sales and services, new and used.
(3)
One single-family dwelling on any lot or parcel of land in the C-1 Zone may be permitted, provided that said dwelling shall be used only by the owner or lessee of the lot or parcel on which said dwelling is erected or is to be erected, or by an employee of said owner or lessee, said dwelling to be used only in conjunction with any commercial use permitted under the terms of this section.
(4)
Private clubs and country clubs.
D.
Uses expressly prohibited.
(1)
Agricultural, cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial.
(3)
Residential.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Business in enclosed buildings. All business, services, or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants, and fluids at service stations.
(2)
Production for sale at retail. All products produced on the premises, whether primary or incidental, shall be sold at retail on the premises where produced.
(3)
New merchandise. Goods for sale shall consist primarily of new merchandise, except for goods customary to art, antique, or rare bookstores.
(4)
Height regulations. No principal structure shall exceed two stories or 30 feet in height, whichever is less.
(5)
Lot area. None required, except that any lot or parcel in the C-1 Zone, which is proposed to be developed to multifamily dwellings, shall have a minimum area of 7,000 square feet.
(7)
Population density. When lots or parcels in a C-1 Zone are to be developed to multifamily dwellings, each lot or parcel shall have sufficient area to provide 1,200 square feet of area for each family unit proposed to be erected.
(8)
Yards.
(a)
Front yard: 25 feet minimum.
(b)
Side yard: five feet minimum, except when adjoining an R District. In cases where the height of a proposed structure on such lot in the less restricted district abutting an R District is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in said more restricted district.
(c)
Rear yard: 20 feet.
(d)
Corner lot. Corner lots shall have the same minimum front yard requirements on each street side of the lot.
(e)
The Board of Adjustment may grant a 10% variance of the area, yard and width requirements as long as building code regulations are met.
(9)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
(11)
Loading. Every commercial building hereafter erected or established in a C-1 Zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing service to the commercial use so established.
(12)
Lighting. When a lighting system is provided to illuminate parking areas, open storage areas, buildings, or other areas, such lighting system shall be installed in a manner that any glare from the system shall be reflected downward and away from any adjacent or nearby residential areas.
(13)
Solid waste collection. Every commercial activity hereafter established must include in their plans a specific location of waste receptacle(s), established service route and a designated loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstructions such as poles, low hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and ingress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The loading pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City will not be liable for damage to either the route way of loading pad as a result of the basic service routine.
§ 450-125 C-2 Central Business District.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to permit the development of unlimited commercial uses and services and to serve as a central trading area for the City. The facilities provided for here are those that should not be dispersed into smaller and more intimate shopping areas.
B.
Permitted uses in the C-2 District.
(1)
(2)
Auction houses, not including animal auctions.
(3)
Eating and drinking places, including bars, restaurants, and cocktail lounges.
(5)
Hotels and motels.
(7)
Mortuaries.
(8)
Offices, business and professional.
(9)
Public utilities or utilities operated by mutual agencies consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary building, apparatus or appurtenances incident thereto, but not including distribution mains, provided any buildings necessary to such utilities are similar in design and structure to other buildings in the area of proposed use.
(10)
Radio or television studio or station.
(11)
Retail sales.
(a)
Appliance stores, household.
(b)
Automobile, truck and trailer sales and rental agencies.
(c)
Automobile supply stores, new and used.
(d)
Bicycle, scooter and similar vehicle sales and rentals.
(e)
Boat and other marine sales.
(f)
Building material dealers.
(h)
Department stores.
(i)
Dry good stores.
(j)
Feed and grain stores.
(k)
Furniture stores.
(l)
Hardware stores.
(m)
Newsstands.
(n)
Paint and wallpaper stores.
(o)
Plumbing shops, but not plumbing contractors' yards.
(p)
Secondhand stores.
(r)
Supermarkets.
(12)
Services.
(a)
Automobile laundry, car wash.
(b)
Bookbinding.
(c)
Cleaning and dyeing agencies, including incidental spotting, sponging, pressing and repairs.
(d)
Employment agencies.
(e)
Interior decorating shops.
(f)
Laundries, self-service.
(g)
Laundry agencies.
(h)
Services station for automobiles, provided it complies with the following requirements:
[1]
Any tube or time repairing, battery charging or the like shall be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside the building, a solid wall, fence, or a compact evergreen hedge at least six feet high shall be maintained between such activity and any abutting or contiguous R-1, R-2, RA or RR Zone.
(i)
Shoe repair shops.
(j)
Tailor shops.
(k)
Typewriter repair shops.
(13)
Signs for advertising, identification or direction pertaining to a use conducted within a building, provided:
(a)
The sign is located entirely on private property and no part of which shall extend over a sidewalk or property line.
(b)
The sign is so located as not to reflect into any RR, RA, R-1, R-2 or any residential portion of PC, RH1, or CH1 Zones.
(c)
A freestanding sign does not exceed 25 square feet.
(d)
A sign attached to a building or wall does not protrude more than 4 1/2 feet from the wall of the building and no point of which is lower than eight feet from the ground and does not extend beyond the property line or over the sidewalk.
(14)
Stations, bus, railroad, and taxi.
(15)
Transfer companies for furniture and household goods.
C.
Uses requiring special use permit.
(1)
Apartments will be allowed as a secondary usage to a commercial use in a building when an adequate, separate access is provided to the secondary usage.
(2)
Cannabis consumption area or cannabis retailer, which requires a license pursuant to the New Mexico Cannabis Regulation Act[3] (“CRA”), at least 300 feet from zones RA, RR, R-1, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[3]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Day care or boarding of children.
(4)
One single-family dwelling on any lot or parcel of land in the C-2 Zone may be permitted, provided that said dwelling shall be used only by the owner or lessee of the lot or parcel on which said dwelling is erected or is to be erected, or by an employee of said owner or lessee, said dwelling to be used only in conjunction with any commercial use permitted under the terms of this section. Mobile homes will not be included as dwelling units in the C-2 District.
(5)
The renting of rooms and/or the providing of table board, not to exceed six paying guests.
(6)
Automobile off-site sales or otherwise known as supplement lots for the sale of automobiles by a hosting dealer or organization. Such off-site sales shall be permitted under a special use permit, provided compliance with the following requirements:
[Added 2-18-2004 by Ord. No. 04-04]
(a)
All persons, firms, corporations or associations of any character requesting an automobile off-site sales license to engage in the sale of more than four motor vehicles shall be licensed as a dealer, as defined by the State of New Mexico Vehicle Code (NMSA 1978, § 66-1-1 et seq.).
(b)
Off-site sales are permitted in C-2 or C-3 Zones by first obtaining a special use permit from the City of Las Vegas Board of Adjustment.
(c)
Maximum length of time of event is not to exceed three days.
(d)
Hosting dealers, organizations or others, as defined herein, shall provide a full detailed letter of intent requesting approval for automobile off-site sales. The letter shall include location, number of vehicles held for sale, specific dates of event, proposed hours of operation. This information shall also be provided on the City's application form for this purpose. All requests must be submitted 30 days prior to the hearing by the Board of Adjustment.
(e)
All vehicle dealers, other than motorcycles dealers, within the City of Las Vegas will be solicited by the hosting dealer and provided the opportunity to offer vehicles for sale at the proposed location. Participant dealer fees shall not be greater than a fair share of actual expenses incurred by the host dealer. Such requests shall be in the form of certified mail. Copies of all said letters and return receipts shall be provided to the City of Las Vegas Community Development Department staff 14 days prior to the Board of Adjustment hearing.
(f)
A complete listing and current dealer licenses for all dealers accepting an invitation to participate shall be provided to the City 14 days prior to the hearing.
(g)
Provided the special use permit is granted by the Board of Adjustment, the host dealer shall obtain a City of Las Vegas business registration/license indicating site inspection and approval by the Las Vegas Fire Department and zoning approval by the Community Development Department.
(i)
The host dealer shall provide a copy of the lease agreement with the current, legal owner of the property or a copy of the deed showing proof of ownership for the off-site location.
(j)
A copy of the liability insurance policy for every participating dealership, including the host dealer, covering the off-site location and the specific dates of the off-site sales event.
(k)
A rider to the bond for every participating dealer covering the off-site location and specific sales dates.
(l)
Automobile off-site sales business regulation fees shall be $110 per day, shall be paid upon the issuance of a business registration.
(m)
All other State of New Mexico vehicle requirements, including permits and licenses, shall be furnished to the City of Las Vegas prior to the sales event.
(n)
The City of Las Vegas may, when any person, firm or corporation holding a special use permit under the provision hereof has been adjudged guilty of violating any City ordinance in relation hereto by any court of competent jurisdiction, revoke the license after due notice and hearing and is further subject to penalties and fines as defined by City ordinance.
(7)
Small brewery.
[Added 10-19-2011 by Ord. No. 11-17]
(8)
Domestic winery.
[Added 10-19-2011 by Ord. No. 11-17]
(9)
Craft distillery.
[Added 10-19-2011 by Ord. No. 11-17]
D.
Uses expressly prohibited.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Business in enclosed buildings. All business, services, or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants, and fluids at service stations, and such other outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized or as may be authorized by the Board.
(2)
Production for sale at retail. All products produced on the premises, whether primary or incidental, shall be sold at retail on the premises where produced.
(3)
Use must be nonobjectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
(4)
New merchandise. Goods for sale shall consist primarily of new merchandise, except for goods customary to art, antique, or rare bookstores.
(5)
Lot area. No minimum required.
(6)
Lot dimensions. No minimum required.
(7)
Population density. None, residential development not permitted in this zone.
(8)
Yards. None required except where a lot or parcel in the C-2 Zone is adjacent to a residential zone, the required yards in the residential zone shall prevail on the adjacent commercial lot or parcel.
(10)
Loading. Every commercial building hereafter erected or established in a C-2 Zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing service to the commercial use so established.
(11)
Lighting. See same as the C-1 Zone.
(12)
Height regulation. No principal structure shall exceed three stories or 45 feet in height, unless otherwise permitted by the Commission and/or the Design Review Board, if applicable. These regulations shall not apply to structures cited in § 450-37.
[Amended 5-19-2004 by Ord. No. 04-09]
(13)
Solid waste collection. Every commercial activity hereafter established must include in their plans a specific location of waste receptacle(s), established service route and a designated loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstructions such as poles, low-hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and ingress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The loading pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City will not be liable for damage to either the route way of loading pad as a result of the basic service routine.
(14)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
§ 450-126 C-3 General Commercial Zone.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to provide for those retail businesses and services which require a location other than the Central Business District, being either highway-oriented or requiring larger tracts of land not normally available in the Central Business District.
B.
Permitted uses in the C-3 District.
(1)
Any use permitted in C-1.
(2)
Auction houses.
(3)
Eating and drinking places, including bars, drive-in restaurants, and cocktail lounges.
(5)
Hotels and motels.
(7)
Mobile home parks.
(a)
Three copies of an overall development plan shall be submitted to the Community Development Department showing proposed land uses for the entire area defined in the mobile home park. Additionally, this plan shall show the numerical designation or street name and number of each mobile home site in the park. Said plan shall also include a utilities certification block which shall contain signatures for all utilities indicating that provisions for utility easements are adequate for the mobile home park and said plan shall include a City acceptance block signed by the City Manager and Community Development Director indicating that the plan is approved and accepted by the City of Las Vegas.
[Amended 2-26-1987 by Ord. No. 75-33]
(b)
The minimum area for any such development shall not be less than one acre.
(c)
The mobile home park shall provide spaces that are well defined and delineated. Minimum lot size per mobile home unit shall be determined by the developer and must meet requirements outlined above.
(e)
The distance between any trailer and the front or rear property line of the trailer park shall be a minimum of 10 feet. There need not be any setback from the rear property line when adjacent to an alley.
(f)
The distance between any trailer and the side property lines of the trailer park shall be a minimum of seven feet.
(g)
The distance between any trailer and any building within the trailer park limits shall be a minimum of 20 feet.
(h)
There shall be at least one off-street parking space for each trailer on or abutting the lot on which the trailer is placed.
(i)
The mobile home park shall be located on a well-drained site and graded to ensure proper drainage of the site and shall meet the requirements set forth in Chapter 212, Drainage. The park shall be graded to control the increased runoff for a one-hundred-year frequency storm and may include catch basins or ponding areas for controlled entry of water into natural drainageways or storm sewers to insure that the increase does not overload the system, or cause damage to property and areas at lower elevations.[2]
(j)
Within the mobile home park, all private local streets shall have a minimum graveled roadway of 24 feet. Private collector streets shall have a minimum of 30 feet. All public streets shall observe right-of-way requirements and subdivision design standards set forth in Chapter 280, Land Subdivision, Article VI, Design Standards, of the Las Vegas City Code.
(k)
All mobile home parks shall have direct access into a paved, dedicated public street. If temporary recreational vehicle parking is permitted within the mobile home park, there shall be direct access into a state or federal highway.
(l)
All driveways and walkways within the mobile home park shall be hard-surfaced and shall be lighted during hours of darkness.
(m)
All mobile home parks shall be accessible to water, sewerage, solid waste disposal, electricity and natural gas systems or the provision of such services if existing systems are not available.
(n)
Water supplies shall be adequate to permit the operation of at least two, one-and-one-half-inch hose streams on any fire in a mobile home park. The water supply may be derived from hydrants connected to any underground water supply system, a reservoir or water supply source of not less than 3,000 gallons, or a Fire Department apparatus equipped with a water tank(s). Hydrants shall be located within 500 feet of all mobile home sites.
(o)
All mobile homes shall be skirted with materials compatible with the siding of the trailer unless the unit is situated at ground level.
(p)
The perimeter of the park shall be landscaped within six months.
(q)
A development agreement ("agreement") between the mobile home park developer and the City shall be signed and executed before any construction begins. The agreement shall set forth a schedule of improvements listing the required improvements and a time schedule for installation of these improvements. A security shall be posted as a suitable guarantee to insure compliance with City development standards. If a cash security is offered, it shall be placed in an interest-bearing account and refunded upon completion and City acceptance of scheduled improvements. If a property bond is offered, a deed to the City shall be executed before any construction begins. No trailers shall be moved into the mobile home park until the following improvements are completed and formally accepted by the City:
[Amended 1-19-1989 by Ord. No. 77-33]
(8)
Mortuaries.
(9)
Offices, business and professional.
(10)
Public utilities or utilities operated by mutual agencies consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains, providing any such utilities are similar in design and structure to other buildings in the area of proposed use.
(12)
Services.
(a)
Automobile laundry, car wash.
(c)
Building trades or equipment yards, provided no assembly, construction, millwork, or concrete manufacture is done on the premises.
(d)
Laundries, self service.
(e)
Service stations for automobiles, provided it complies with the following requirements:
[1]
Any tube or time repairing, battery charging or the like shall be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside a building, a solid wall or fence at least six feet high shall be maintained between such activity and any abutting or contiguous R-1, R-2, RA or RR Zone.
(f)
Truck stops.
(g)
Recycling centers, for the receiving of aluminum, glass, brass, copper, and nonferrous metals. One per location, provided it complies with the following requirements:
[1]
Business must be conducted within a wholly enclosed building of solid body trailer, semitrailer, or similar type of storage unit. (Pickup trucks will not be considered acceptable for this type of use.)
[2]
There shall be no outside storage of any kind.
[3]
If any aspect of the business needs to be conducted outside, all materials collected shall be immediately placed in the enclosed building or storage unit at the site.
[4]
If not wholly conducted within an enclosed building, or solid body semitrailer, equipment, materials, and storage unit must be removed from the site at the end of each day of operation, and the site must be thoroughly cleaned and free of any evidence of operation.
[5]
Permitted locations shall include flea markets, shopping centers, or existing businesses, provided that they meet the requirements listed herein.
[6]
A separate business license and fee of $60 required.
[7]
There shall be no encroachment upon any public right-of-way.
[8]
If the licensee is given notice of violation of any of the provisions of this chapter, a warning citation shall be issued and compliance must follow within 48 hours of the receipt of the citation. If compliance is not obtained within the forty-eight-hour period as stated herein, the City reserves the right to immediately revoke the business license of the licensee, and to require all operations of the licensee to cease.
(13)
Signs for advertising, identification or direction pertaining to a use conducted within a building, provided:
[Amended 1-19-1989 by Ord. No. 77-31]
(a)
The sign shall be located entirely on private property with a ten-foot minimum setback from the property line.
[Amended 1-19-1989 by Ord. No. 77-31]
(b)
The sign is so located as to not reflect into any RR, RA, R-1, R-2, R-3 or any residential portion of a PC, RH1, or CH1 Zone.
(c)
A freestanding sign does not exceed 100 square feet.
[Amended 1-19-1989 by Ord. No. 77-31]
(d)
A sign attached to a building or wall does not protrude more than 4 1/2 feet from the wall of the building and no point of which is lower than eight feet from the ground and does not extend beyond the property line or over the sidewalk.
(14)
Stations, bus or taxi.
(15)
Trade or business schools, provided that machinery which is used for instruction is not objectionable due to noise, fumes, smoke, odor, or vibration.
(16)
Animal hospitals, provided that any enclosures or buildings in which the animals are kept shall be at least 100 feet from any R District (other than an RA District) and exercise runs shall be enclosed on four sides by a fence or wall at least five feet in height.
[Amended 2-26-1987 by Ord. No. 75-33]
C.
Uses requiring special use permits.
(2)
Bottling plant.
(3)
Dwellings.
[Amended 8-18-1988 by Ord. No. 77-6]
(a)
One single-family dwelling on any lot or parcel of land in the C-3 Zone may be permitted, provided that said dwelling shall be used only by the owner or lessees of the lot or parcel on which said dwelling is erected or is to be erected, or by an employee of said owner or lessee, said dwelling to be used only in conjunction with any commercial use permitted under the terms of this section.
(b)
A mobile home (except recreational vehicles, sports trailers and campers) may be permitted as a caretaker dwelling if at least 50% of the existing surrounding area in a one-fourth-mile radius have mobile homes in this capacity, or the location is in an undeveloped area. Under no circumstances will this type of use be allowed in already developed heavy commercial areas where no mobile homes are being used in this capacity.[5]
(4)
Rodeo grounds.
(5)
Sewage disposal plants.
(6)
Flea markets, provided that the following requirements are met:
(a)
Any sanitary facilities necessary for the safe, healthy operation of the activity are approved by the NM Environmental Improvement Division.
(b)
All electrical usage by the applicant or his tenants will require an electrical inspection and permit.
(c)
The site shall be kept clear of all debris.
(d)
Public parking for the exclusive use of the facility shall be provided. The parking area shall be hard surfaced and maintained to provide one parking space per issued space. It shall be the responsibility of the applicant to guide patrons to these areas and to prevent unlawful parking.
(e)
A cash bond for a minimum of $25 will be posted by the applicant to insure the repair of any damage to public right-of-way as a result of the use.
(f)
Serving of alcoholic beverages will not be permitted.
(g)
Flea markets shall not be allowed to make available their premises for the sale of domestic farm animals.
(7)
Automobile off-site sales or otherwise known as supplement lots for the sale of automobiles by a hosting dealer or organization. Such off-site sales shall be permitted under a special use permit, provided compliance with the following requirements:
[Added 2-18-2004 by Ord. No. 04-04]
(a)
All persons, firms, corporations or associations of any character requesting an automobile off-site sales license to engage in the sale of more than four motor vehicles shall be licensed as dealer, as defined by the State of New Mexico Vehicle Code (NMSA 1978, § 66-1-1 et seq.).
(b)
Off-site sales are permitted in C-2 or C-3 Zones by first obtaining a special use permit from the City of Las Vegas Board of Adjustment.
(c)
Maximum length of time of event is not to exceed three days.
(d)
Hosting dealers, organizations or others, as defined herein, shall provide a full, detailed letter of intent requesting approval for automobile off-site sales. The letter shall include location, number of vehicles held for sale, specific dates of event, proposed hours of operation. This information shall also be provided on the City's application form for this purpose. All requests must be submitted 30 days prior to the hearing by the Board of Adjustment.
(e)
All dealers, other than motorcycle dealers, within the City of Las Vegas will be solicited by the hosting dealer and provided the opportunity to offer vehicles for sale at the proposed location. Participant dealer fees shall not be greater than a fair share of actual expenses incurred by the host dealer. Such requests shall be in the form of certified mail. Copies of all said letters and return receipts shall be provided to the City of Las Vegas Community Development Department staff 14 days prior to the Board of Adjustment hearing.
(f)
A complete listing and current dealer license for all local dealers accepting an invitation to participate shall be provided to the City 14 days prior to the hearing.
(g)
Provided the special use permit is granted by the Board of Adjustment, the host dealer shall obtain a City of Las Vegas business registration/license indicating site inspection and approval by the Las Vegas Fire Department and zoning approval by the Community Development Department.
(i)
The host dealer shall provide a copy of the lease agreement with the current, legal owner of the property or a copy of the deed showing proof of ownership for the off-site location.
(j)
A copy of the liability insurance policy for every participating dealership, including the host dealer, covering the off-site location and the specific dates of the off-site sales event.
(k)
A rider to the bond for every participating dealer covering the off-site location and specific sales dates.
(l)
Automobile off-site sales business regulation fees shall be $110 per day and shall be paid upon the issuance of a business registration.
(m)
All other State of New Mexico motor vehicle requirements, including permits and licenses, shall be furnished to the City of Las Vegas prior to the sale event.
(n)
The City of Las Vegas may, when any person, firm or corporation holding a special use permit under the provisions hereof has been adjudged guilty of violating any City ordinance in relation hereto by any court of competent jurisdiction, revoke the license after due notice and hearing and is further subject to penalties and fines as defined by City ordinances.
(8)
Small brewery.
[Added 10-19-2011 by Ord. No. 11-17]
(9)
Domestic winery.
[Added 10-19-2011 by Ord. No. 11-17]
(10)
Craft distillery.
[Added 10-19-2011 by Ord. No. 11-17]
D.
Uses expressly prohibited. Except as provided under special use permits, the following uses are expressly prohibited:
[Amended 4-20-2011 by Ord. No. 11-10]
E.
Development standards. The following required conditions shall apply:
(1)
Business in enclosed buildings. All business, services, or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such other outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized or as may be authorized by the Commission.
(2)
Production for sale at retail. All products produced on the premises, whether primary or incidental, shall be sold at retail on the premises where produced.
(3)
Use must be nonobjectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water-carried waste.
(4)
New merchandise. Goods for sale shall consist primarily of new merchandise.
(5)
Height regulations. No principal structure shall exceed three stories or 45 feet in height, unless otherwise permitted by the Commission. (These regulations shall not apply to structures cited in § 450-37.)
[Amended 5-19-2004 by Ord. No. 04-09]
(6)
Lot area. None required.
(7)
Lot dimensions. Lot width and depth: none required.
(8)
Population density. When lots or parcels in a C-3 Zone are to be developed as mobile home parks, each space shall be not less than 1,500 square feet with a minimum width of 30 feet.
(10)
Corner lots. Corner lots shall have the same minimum front yard requirement on each street side of the lot.
(12)
Loading. Every commercial building hereafter erected or established in the C-3 Zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing services to the commercial use so established.
(13)
Lighting. Same as the C-1 Zone.
(14)
The Board of Adjustment may grant a 5% variance to the area, yard and width requirements, as long as building codes are met.
(15)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be allowed to grow to the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be permitted, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions of Article XI of this chapter.
(16)
Solid waste collections. Every commercial activity hereafter established must include in their plans a specific location of waste receptacle(s), established service route and a designated loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstruction such as poles, low-hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and egress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The loading pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way or loading pad as a result of the basic services routine.
§ 450-127 O-1 Office Zone.
[Amended 5-16-1984 by Ord. No. 72-39]
A.
Purpose. This zone permits offices, services and institutional nonresidential use.
B.
Permitted uses in the O-1 District. A building and premises on any lot in the O-1 Zone shall be used for the following purposes only:
(1)
Clinic or medical and dental offices, including incidental uses, such as prescription drugs and supply shop, physiotherapy office or shop for fabricating and fitting prosthetic or correcting devices, or medical and dental laboratory.
(2)
One dwelling unit within a commercial structure where the total area of the dwelling does not exceed 40% of the total floor area of the structure.
(3)
Office within a structure or office building, including incidental uses such as news, cigar or candy stand, restaurant or cafeteria, personal service shop and the like, provided the incidental uses comply with the following:
(a)
The use is intended primarily for the occupants of the structures;
(b)
At least 10,000 square feet (92.9 square meters) of floor area are contained in the structure;
(c)
The use is limited to a maximum of 10% of the total floor area;
(d)
The use is so situated within the structure that it is not directly accessible from a public way;
(e)
A sign or window display relating to the use is not discernible from a public way.
(4)
Parking lot or structures for automobiles.
(5)
Photocopy or photography studio.
(6)
Artist studios or workshops.
(7)
Signs subject to the same conditions specified in the C-1 Zone.
C.
Uses requiring special use permit.
(1)
Single-family dwelling.
(2)
Duplex.
(3)
Multifamily dwelling, including triplexes, apartment houses, garden apartments, etc., but not including motels, hotels, or other types of multifamily dwellings generally associated with a commercial enterprise.
(4)
Fraternity or sorority house.
(5)
Home occupations subject to the same conditions specified in the RA Zone.
(6)
Storage of sports trailers and campers subject to the same conditions specified in the RA Zone.
(7)
Townhouse-type attached single-family residences shall be permitted on smaller lots, provided the following conditions are complied with:
(a)
The minimum lot size being 2,400 square feet;
(b)
The minimum lot width for attached family residences being 20 feet;
(c)
The minimum front yard setback shall be 15 feet except the setback for a garage or carport shall be not less than 20 feet;
(d)
Minimum setbacks on sides abutting other zones shall be 15 feet;
(e)
Minimum rear yard setback shall be 20 feet;
(f)
There shall be a side setback of seven feet from existing dwellings;
(g)
There shall be a minimum of 750 square feet of usable open space per unit;
(h)
Where an aggregate of five or more units is constructed on any given lot, the development shall include landscaping of the ground level usable open space according to a landscaping plan approved by the Planning and Zoning Commission;
(i)
That no storage or structures shall be permitted between the front property line of the unit and the front building line;
(j)
That there exists in the deeds for each unit a covenant for the maintaining of the landscaping for the entrance onto adjacent property for the maintenance of each unit.
(8)
Studios for instruction of music or dance.
(9)
Churches.
(10)
Public buildings.
(11)
Radio or television transmitter.
(12)
Public utilities structures.
D.
Uses expressly prohibited.
(1)
Agricultural, cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[1] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. Each lot or parcel shall have not less than 7,000 square feet.
(2)
Lot dimension. Each lot or parcel of land shall have a minimum width of not less than 70 feet. Each lot or parcel shall have a minimum depth of not less than 100 feet.
(3)
Population density. When lots or parcels are to be developed to single-family residential, each dwelling unit shall have a minimum of 7,000 square feet of lot area. When lots or parcels are to be developed to multifamily dwellings, each lot or parcel shall have sufficient area to provide 1,200 square feet of area for each family unit proposed to be developed.
(4)
Yards. Same as adjoining zones; otherwise as follows:
(a)
Front. Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of 20 feet as measured at right angles from the property line.
(b)
Side yard. There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, yard to be open from the ground to the sky, said yard shall not be less than seven feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than 20 feet.
(5)
Height limitations. No building or structure in the O-1 Zone shall have a height of more than four stories or 60 feet, whichever is less.
(6)
Loading. Every commercial building hereafter erected or established must have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing service to the commercial use so established.
(7)
Lighting. When a lighting system is provided to illuminate parking areas, open storage areas, buildings, or other areas, such lighting system shall be installed in a manner that any glare from the system shall be reflected downwards and away from any adjacent or nearby residential areas.
(9)
Solid waste collection. Every commercial activity hereafter established must include in their plans specific location of waste receptacles, established service route and a designed loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstructions such as poles, low-hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and egress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City will not be liable for damage to either the route way of loading pad as a result of the basic service routine.
§ 450-128 M-1 Light Manufacturing Zone.
[Amended 3-19-1984 by Ord. No. 72-27]
A.
Purpose. The Light Manufacturing Zone is intended to provide for the development of industrial uses which include fabrication, manufacturing, assembling or processing of materials that are in a processed form and which do not, in their maintenance, assembly, manufacture, or plant operating, create smoke, gas, odor, dust, sound, vibration, soot or lighting to any degree which might be termed obnoxious or offensive to persons residing in or conducting business in either this or any other zoning district to the City.
B.
Permitted uses in the M-1 District.
(1)
Animal hospitals, veterinarian's offices, kennels and animal shelters, and which use shall comply with standards set forth in Chapter 118, Animals, of the Code of the City of Las Vegas.
[Amended 2-13-2001 by Ord. No. 99-37]
(2)
Automotive assembly, rebuilding or reconditioning.
(3)
Recycling receiving centers, for the receiving of aluminum, glass, brass, copper, and nonferrous metals. One per location, provided it complies with the following requirements:
[Added 1-19-1989 by Ord. No. 77-33]
(a)
Business must be conducted within a wholly enclosed building of solid body trailer, semitrailer, or similar type of storage unit. (Pickup trucks will not be considered acceptable for this type of use.)
(b)
There shall be no outside storage of any kind.
(c)
If any aspect of the business needs be conducted outside, all materials collected shall be immediately placed in the enclosed building or storage unit at the site.
(d)
If not wholly conducted within an enclosed building, or solid body semitrailer, equipment, materials, and storage unit must be removed from the site at the end of each day of operation, and the site must be thoroughly cleaned, and free of any evidence of operation.
(e)
Permitted locations shall include flea markets, shopping centers, or existing businesses, provided that they meet the requirements listed herein.
(f)
A separate business license and fee of $60 required.
(g)
There shall be no encroachment upon any public right-of-way.
(h)
If the licensee is given notice of violation of any of the provisions of this chapter, a warning citation shall be issued and compliance must follow within 48 hours of receipt of the citation. If compliance is not obtained within the forty-eight-hour period as stated herein, the City reserves the right to immediately revoke the business license of the licensee and to require all operations of the licensee to cease.
(4)
Automatic screw machines.
(5)
Bakery goods.
(6)
Battery manufacturing.
(7)
Blacksmith shops.
(8)
Body and fender shops.
(9)
Bottling plants.
(10)
Building materials storage yards.
(11)
Cabinet and carpenter shops.
(12)
Candy manufacturing.
(13)
Dairy products manufacturing and processing.
(14)
Food products processing (excluding fish and meat products, sauerkraut, vinegar, and rendering of fats and oils).
(15)
Feed and fuel yards.
(16)
Garment manufacturing.
(17)
Lumber yards, but not including planning mills.
(18)
Machine and metal shops, excluding stamping plants.
(19)
Plumbing contractor yards.
(20)
Repair garages for automobiles, trucks, boats, etc.
(21)
Rubber and metal stamp manufacturing.
(22)
Shoe manufacturing.
(23)
Stone monument work.
(24)
Service industries such as carpet and rug cleaning plants, cleaning and dying plants, laundries, etc.
(25)
Transportation and equipment yard and storage space for transit.
(26)
Tire retreading, recapping, and rebuilding.
(28)
Railroad tracks and yards.
(29)
Signs subject to same conditions as specified in the C-3 Zone.
(30)
Transfer station. An intermediate destination structure and operation designed for the purpose of receiving refuse, separating recyclables and preparing the refuse for shipment and disposal at a New Mexico permitted landfill site.
[Added 11-18-1998 by Ord. No. 98-16]
C.
Uses requiring special use permit.
(1)
Borrow pits and quarries.
(2)
Heliports.
(3)
Nursery for plants, and cannabis producer and cannabis manufacturer activities which requires a license pursuant to the New Mexico Cannabis Regulation Act[1] (“CRA”), at least 300 feet from zones RA, RR, R-l, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(4)
Open air theaters.
(5)
Private schools.
(6)
Public buildings.
(7)
Public utilities.
(8)
Radio and television transmitter.
(9)
Shooting range.
(10)
Single-family dwelling, one per parcel to be used by the owner or lessee or by an employee of the owner or lessee.
(11)
Mobile home, one per lot or parcel to be used by the owner, lessee or an employee of the owner or lessee as a caretaker dwelling.
[Added 3-17-1988 by Ord. No. 76-28]
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. No minimum required.
(2)
Lot dimension. No minimum required.
(3)
Population density. None; residential uses are not permitted in this zone except as a special use.
(4)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. There shall be a front yard of not less than 25 feet extending across the full width of the parcel. Said front yard may be used for off-street parking except where a portion of a block frontage is used for residential purposes, in which case such front yard, within 50 feet of the residential use, shall be landscaped with appropriate plant material.
(b)
Side yard. None, except where a portion is abutting a residential district in which case a side yard of 25 feet shall be provided.
(c)
Rear yard. None, except where a portion is abutting a residential district in which case a rear yard of 25 feet shall be provided.
(5)
Height limits. No building in the M-2 District shall exceed 50 feet in height unless otherwise permitted by the Board of Adjustment.
(7)
Loading. Every industrial building or use hereafter erected or established in the M-1 Zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing services to the industrial use so established.
(8)
Lighting. Same as C-1 Zone.
(9)
Solid waste collections. Every industrial activity hereafter established must include in their plans a specific location of waste receptacle(s), established service route and a designated loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstruction such as poles, low-hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and egress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The loading pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way or loading pad as a result of the basic services routine.
(10)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect, within five feet of the adjacent property line, a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and after that to be permanently maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
§ 450-129 M-2 Heavy Manufacturing Zone.
[Amended 3-19-1984 by Ord. No. 72-27]
A.
Purpose. The Heavy Manufacturing Zone is intended to provide for the establishment of various industrial uses considered by the City Council to be essential to the development of a balanced economic base for the City.
B.
Permitted uses in the M-2 District.
(1)
Any use permitted in the M-1 District.
(2)
Automobiles wrecking yards, provided the area shall be enclosed by a solid wall or fence of at least six feet high, and shall be at least 150 feet from any residential or commercial zone. No material shall be stacked to a height exceeding the height of the wall or fence surrounding it.
(3)
Livestock auction yards.
(4)
Concrete, asphalt batching plant.
(5)
Rock crushing plants.
(6)
Salvage yards.
(7)
Stamping plants.
(8)
Railroad tracks and yards.
(9)
Signs subject to the same conditions as in the C-3 Zone.
C.
Uses requiring special use permit.
(1)
Borrow pits and quarries.
(2)
Heliports.
(3)
Manufacturing, compounding, assembly or treatment of articles or merchandise from previously prepared materials such as, but not limited to, bond, cloth, fiber, glass, hair, horns, leather, metal, paper, plastics, textiles, wood or yarn.
(4)
Public buildings.
(5)
Public utilities.
(6)
Radio or television transmitter.
(7)
Shooting range.
(8)
Single-family dwelling, one per parcel to be used by owner or lessee, or by an employee of owner or lessee.
(9)
Refuse or garbage dump.
(10)
Sewage disposal plant.
D.
Uses expressly prohibited.
(1)
Agricultural uses, cannabis consumption area and commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Commercial uses.
(4)
Uses of trailers with or without wheels.
E.
Development standards. The following minimum required conditions shall apply:
(1)
Lot area. No minimum required.
(2)
Lot dimension. No minimum required.
(3)
Population density. None; residential uses not permitted in this zone except as a special use.
(4)
Yards. All principal permitted use structures shall have the following minimum yard spaces:
(a)
Front yard. There shall be a front yard of not less than 25 feet extending across the full width of the parcel. Said front yard may be used for off-street parking except where a portion of a block frontage is used for residential purposes, in which case such front yard, within 50 feet of the residential use, shall be landscaped with appropriate plant material.
(b)
Side yard. None, except where a portion is abutting a residential district in which case a side yard of 25 feet shall be provided.
(c)
Rear yard. None, except where a portion is abutting a residential district in which case a rear yard of 25 feet shall be provided.
(5)
Height limits. No building in the M-2 District shall exceed 50 feet in height unless otherwise permitted by the Board of Adjustment.
(7)
Loading. Every industrial building or use hereafter erected or established in the M-2 Zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing services to the industrial use so established.
(8)
Lighting. Same as C-1 Zone.
(9)
Solid waste collection. Every industrial activity hereafter established must include in their plans a specific location of waste receptacle(s), established service route and a designated loading pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be free of obstruction such as poles, low-hanging wires, curbs, walls, etc.
(b)
The service route shall be established if alleyways are not available. The route shall be designed in a way so that ingress and egress of the collection vehicle is accomplished without having to operate in reverse. Construction of the route way, including the loading pad, should include six inches of base course and four inches of asphalt, if asphalt is to be utilized. Utilization of concrete will require six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available. The loading pad will be enclosed on three sides with blocked walls. The minimum size shall accommodate one three-cubic-yard container. Minimum measurements of the enclosure should be 6 1/2 feet in width, five feet in height and five feet in depth. Actual size should not be determined prior to consulting with City solid waste officials, since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way or loading pad as a result of the basic services routine.
(10)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect, within five feet of the adjacent property line, a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be permanently maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.[3]
§ 450-130 PC Planned Community Zone.
[Amended 7-18-1984 by Ord. No. 73-1]
A.
Purpose. This zone is intended to permit the development of large parcels of undeveloped land to residential, commercial, and recreational uses in an orderly manner to achieve a maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density and a reduction in lot dimensions, yards, building setbacks and area requirements. The City will accept a greater population density than that reflected by present zoning, provided the developer can demonstrate that increased densities will be compensated for by private amenities and public benefits to be maintained by the developer.
B.
Minimum project area. An application for development as a planned community must contain a minimum of five contiguous acres.
C.
Information required.[1]
(1)
Preapplication conference. Prior to filing an application as a planned community, the applicant is required to confer with the Community Development Department in order to review the general character of the plan and to obtain information on submittal procedures and required data.
(2)
Development plan. A development plan will be submitted by the applicant for a planned community with the Community Development Department. The development plan shall be prepared by an architect, landscape architect, engineer or planning consultant and contain the following information:
D.
Permitted uses in the PC District.
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings (townhouses, duplex, condominiums, or similar types), provided that they contain no more than six units in a building.
(3)
Multifamily dwellings representing no more than 20% of the total dwelling units within the proposed development.
(4)
Churches, schools, community or club buildings, recreation areas, and similar public or semipublic facilities representing no more than 10% of the proposed development.
(5)
Commercial or retail use, including offices and clinics, provided they do not exceed 5% of the total area of the proposed development.
(6)
Accessory uses to the above.
E.
Development standards. A planned community shall be considered a separate zoning district in which the development plan, if and when approved, shall establish the restrictions and regulations according to what kind of development shall occur. However, R-1 setback yard development standards shall prevail for all principal permitted uses structures. There shall be no cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”), or within 300 feet of zones RA, RR, R-1, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
F.
Review approval.
(1)
The Planning and Zoning Commission, after determining that all requirements of this chapter have been met, may recommend to City Council that the development plan be approved, disapproved, or approved with modifications. The Planning and Zoning Commission may recommend the establishment of the planned community, provided that they find the materials submitted with the development plan demonstrate:
(a)
The proposed uses will not be detrimental to present surrounding uses, but will not have a beneficial effect, which could not be achieved under the current zoning districts;
(b)
Any exception from the Zoning Ordinance requirements is warranted by the design and amenities incorporated in the development plan;
(c)
Existing and proposed streets are suitable and adequate to carry anticipated traffic;
(d)
Existing and proposed utility services are adequate for the proposed development; and
(e)
The proposed development contains the required parking spaces, landscape and utility areas necessary for sustaining a desirable environment.
§ 450-131 CH Cultural Historic Overlay Zone. [1]
[Amended 7-18-1984 by Ord. No. 73-1]
A.
Purpose. The purpose of this zone is to provide for the protection of those sections of the City that are deemed worth preserving because of historical interest, cultural interest or artistic interest.
B.
Permitted uses in the CH Overlay District. Refer to uses permitted in respective zones.
C.
Uses requiring special use permit. Refer to uses permitted by special use in the respective zone. There shall be no cannabis consumption area, cannabis manufacturer or cannabis producer activity, which requires a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
D.
Development standards. Refer to development standards in the respective zone. In addition the following minimum required conditions shall apply:
(1)
Exterior appearance. An application for a permit which would authorize erection, construction, modification, moving or demolition which could affect the exterior appearance of any structure or any sign must first be approved by the Design Review Board.
(2)
New structures. New structures may be built in this zone, provided they adhere to the development standards outlined for the underlying zone and that the exterior appearance is approved by the Design Review Board.
§ 450-132 Development impact review requirements.
[Added 3-19-2003 by Ord. No. 03-03]
A.
Purpose. The purpose of development impact review requirements is to provide for a detailed analysis by the Development Review Team of certain land uses which, because of their scale of intensity of use, have the potential for significant impact on the health, safety or general welfare of the environment, abutting property values, demand for the City services and infrastructure, and traffic safety.[1]
B.
Application. The provisions of this section shall apply to the following:
(1)
All commercial and industrial development as permitted by the respective zone districts which require administrative reviews and approval by the Development Review Team (DRT) or similar process.
C.
Requirements. Applications for development within the scope of this section shall comply with the following:
(1)
Impact statement. The applicant shall submit to the City an impact statement prepared by qualified parties, which will evaluate the potential impact of the development upon:
(a)
Municipal utilities and services, including water supply, sewage disposal, drainage, storm drains, police, fire protection, emergency services, schools and other City services.
§ 450-133 Junkyards and used appliance yards.
[Added 11-16-1983 by Ord. No. 72-14]
A.
General requirements. No junkyard or used appliance yard as defined in the terms below shall be established in an M-2 Zone without a conditional use permit granted by the Board of Adjustment. Existing such uses in other zoning districts shall fall into a nonconforming status. However, both conforming and nonconforming uses shall meet the requirements listed below, which are considered necessary to provide for public health, safety, and for the protection of adjacent property values.[1]
B. APPLIANCE JUNK JUNKYARD or USED APPLIANCE YARD SOLID USED
Definitions. For the purpose of this section, the following definitions shall apply:
Synonymous with the term "junk" and shall mean a household or business apparatus, machine or device which utilizes an electrical, gas, or other power supply, including but not limited to automobiles, automobile parts, stoves, refrigerators, air conditioners, washing machines, clothes dryers, dishwashers, coolers, freezers and other similar items.
Synonymous with the term "appliance" and shall include scrapped glass, rags, paper, metals and other materials which can be converted into usable stock.
Any lot or tract of land whereon three or more junked items or used appliances as defined herein are located temporarily or permanently, for whatever purpose, except where all such appliances are located within an enclosed building. The terms "junkyard" and "used appliance yard" shall be synonymous.
Constructed and maintained so that the outer surface thereof is continuous and without intersplices, gaps, spaces or holes.
Appliances which have been previously owned by someone other than the manufacturer or dealer whose business it is to sell such appliances to the public. It shall also mean any appliance which is proposed for sale or resale for a purpose or use not intended by the manufacturer or for which the appliance was not designed.
C.
Fence requirements. Junkyards and/or used appliance yards shall be enclosed by a solid fence or wall at least six feet in height and be constructed and maintained as follows:
(1)
A building permit approving the proposed design, materials and construction specifications of any fence erected pursuant to this section shall be obtained from the Community Development Department prior to start of construction.
(2)
All fences shall be constructed of wood, brick, stone, cement, metal or a combination thereof; provided, however, that any one side of a junkyard and/or used appliance yard shall be bounded by a fence or wall constructed of only one of the above materials.
(3)
All fences shall be painted. The type of paint used shall be appropriate for the materials to be painted. The color used to paint such fences should blend with and be compatible with the surrounding environment.
(4)
All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times, unless otherwise dictated by the City building code.
(5)
Where fences or walls are immediately adjacent to residences, the first row of stacks of junk and/or used appliances shall be set back from such wall or fence a minimum distance that is equal to the height of the stack.
(6)
Fences or walls on property lines that front on arterial streets shall be set back 20 feet from the property line or shall be set back from the property line a distance equal to the average setback of the buildings on adjoining properties.
(7)
Any part of a fence or wall required by Subsection C(2) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on such premises, if such wall or door meets all construction requirements hereinabove set forth.
(8)
Openings in the prescribed enclosures which are necessary to permit reasonable access to junkyards and/or used appliance yards shall be equipped with a gate, constructed and maintained in accordance with the requirements for a fence or wall hereinabove set forth. Such gates shall be closed and securely locked at all times except during normal business hours.
(9)
No material shall be stacked to a height exceeding the height of the wall or fence surrounding it.
D.
Exemption to fence requirements. Those existing establishments whose operations rely upon the processing for the transportation of its products shall be exempted from the fencing requirements as listed in this section, but shall meet the fencing requirements listed below:
(1)
Fences or walls shall be required only on the side of the property facing existing residences.
(2)
Where fences or walls are immediately adjacent to residences, the first row of stacks of junk and/or used appliances shall be set back from said wall or fence a minimum distance that is equal to the height of the stack.
(3)
Fences or walls shall not be required on the sides of those businesses facing rail lines which the business utilizes for the transportation of its products.
(4)
The construction of all fences or walls shall meet the permitting and construction requirements of other provisions of this chapter.
E.
Display and storage outside required fence or wall. It shall be unlawful for any owner or operator, the agents or employees of any owner or operator, to display, store, or work on any appliance or the parts, accessories of junk therefrom outside of the herein required fence or wall.
F.
Access and inspection. All used appliances, parts or other materials located in or on the premises of any junkyard and/or used appliance yard in the City shall be so arranged as to allow reasonable access to an inspection of the premises by authorized fire, health, police and building officials of the City of Las Vegas. Latches and/or doors shall be removed from all refrigerators and freezers located within said yard. Oil, gasoline, and other flammable liquids shall be drained from wrecked vehicles.
G.
Compliance of existing uses. All junkyards and/or used appliance yards existing on the date of passage of this section shall commence construction to comply with all requirements set out in the provisions of this section within 120 days after the passage thereof and be completed within one year.
H.
Exemption; severe hardship. If any nonconforming junkyard or used appliance yard owner affected by this section believes that these requirements constitute a severe economic hardship, that owner may present an alternative plan to the Board, which may approve or disapprove the petition. The alternative plan shall be presented to the Board within 120 days of the date of this section.