Table 26: Permitted Use Table indicates the land uses allowed within each base zone district, with abbreviations as described in section 16-12, Use-Specific Standards in division 2, establish additional restrictions, requirements, additional allowances, or review procedures.

Table 26: Permitted Use Table uses the following abbreviations to designate whether and how a principal use is allowed in a particular zone district:

(Ord. No. 02-370, § 2, 10-7-2025)

(a)

When a proposed land use is not explicitly listed in Table 26: Permitted Use Table, the community development director shall determine the appropriate use type for the proposed use.

(b)

If the proposed use is included in the definition of a listed use or is consistent with the size, scale, operating characteristics, and external impacts of a listed use then it should be treated as the same use.

(c)

If the proposed use is determined to be a new or unlisted use, the community development director may determine that such new or unlisted use requires a text amendment of this development code.

(d)

The community development director may also determine that text amendments for additional use-specific standards are necessary to reduce potential impacts to surrounding properties or the community. Development code text amendments shall follow the procedures in section 16-75(d).

(Ord. No. 02-370, § 3, 10-7-2025)

(a)

Dwelling, cottage development.

(1)

The minimum lot size for cottage development is one acre.

(2)

Underlying zone district lot and setback requirements shall apply to the project site boundaries as a whole, but not to individual cottage dwellings.

(3)

A minimum common open space of ten percent of the net site area shall be designated and permanently reserved as usable common open space. For the purpose of this section, the net site area is defined as the square footage of the entire lot to be developed minus the square footage of any structures and parking.

(4)

The development may contain shared indoor community space for all residents to use for activities, cooking, and/or dining.

(b)

Dwelling, townhouse.

(1)

A minimum common open space of ten percent of the net site area shall be designated and permanently reserved as usable common open space. For the purpose of this section, the net site area is defined as the square footage of the entire lot to be developed minus the square footage of any structures and parking.

(c)

Dwelling, live/work.

(1)

Live/work dwelling units shall contain distinct areas for working and living.

(2)

The non-residential work area shall not occupy more than 50 percent of the total floor area of each live/work unit.

(3)

The non-residential use shall be operated by a resident of the live/work unit.

(d)

Dwelling, co-housing development.

(1)

This use may provide a shared kitchen if kitchens are not provided in each dwelling unit.

(2)

This use may contain shared indoor community space for all residents to use.

(e)

Dwelling, multiple-family.

(1)

A minimum common open space of ten percent of the net site area shall be designated and permanently reserved as usable common open space.

(2)

For the purpose of this section, the net site area is defined as the square footage of the entire lot to be developed minus the square footage of any structures and parking.

(f)

Assisted care facility.

(1)

This use must comply with all applicable local, state, and federal regulations and licensing.

(g)

Group care facility.

(1)

This use must comply with all applicable local, state, and federal regulations and licensing.

(2)

Prior to occupancy, required licensing or exemption thereof must be filed with the community development director.

(3)

Underlying zone district requirements applicable to other residential uses permitted in the district shall apply.

(4)

In any residential zone district, group care facilities shall appear outwardly to be compatible with other dwellings in the neighborhood.

(h)

Group residential facility.

(1)

This use must comply with all applicable local, state, and federal regulations and licensing.

(2)

Prior to occupancy, required licensing or exemption thereof must be filed with the community development director.

(3)

Underlying zone district requirements applicable to other residential uses permitted in the district shall apply.

(4)

This use shall require a conditional use permit pursuant to section 16-74(b) if located within 500 feet of another group residential facility.

(5)

In any residential district, group residential facilities shall appear outwardly to be compatible with other dwellings in the neighborhood.

(a)

Adult entertainment or adult retail.

(1)

This use is prohibited within 300 feet of any residential districts, school, or daycare center.

(2)

This use shall require a conditional use permit pursuant to section 16-74(b) if within 500 feet of another adult entertainment or retail establishment.

(b)

Bed and breakfast.

(1)

This use shall outwardly appear to be a residential dwelling which is compatible with other dwellings in the neighborhood, with no evidence of a business use other than allowed signs.

(2)

The establishment shall be owner-occupied or shall be occupied by a resident manager.

(3)

The total number of persons that may occupy the bed and breakfast is twice the number of bedrooms for the dwelling units as a whole.

(4)

This use is limited to a maximum of five guestrooms.

(5)

Lodging accommodation for each guest is limited to a maximum of 30 consecutive days.

(6)

Off-street parking shall be provided in the amount of one space per bedroom plus two spaces for staff.

(7)

All required parking shall occur in designated parking areas, such as parking lots, driveways, and/or garages. No parking shall occur on lawns or sidewalks. On-street parking is prohibited.

(c)

Campground or recreational vehicle (RV) park.

(1)

The minimum lot size for this use is two acres.

(2)

The maximum gross density within a project shall not exceed 25 campground sites per acre.

(3)

Campground sites designated for recreational vehicles shall be sized to adequately accommodate the largest recreational vehicles allowed in the park so that no portion of a recreational vehicle extends beyond the campground site and onto any drive aisle.

(4)

All campground sites shall be located at least 25 feet from any project boundaries.

(d)

Laboratories.

(1)

In the downtown zone districts (DTLA, WRTC), laboratories as a primary use or incidental to research and development facilities shall require a conditional use permit approval pursuant to section 16-74(b).

(e)

Research and development.

(1)

Any facility using hazardous materials or procedures subject to additional review, licensing, or approval by state or federal law, or emitting electromagnetic radiation or other radiation, shall comply with all state and federal requirements regarding the storage, handling, transfer, use, and safety of those materials, procedures, or radiation, and shall require a conditional use permit pursuant to section 16-74(b).

(2)

Any facility conducting incidental animal experimental research shall require a conditional use permit approval pursuant to section 16-74(b).

(f)

Cannabis retail.

(1)

This use must comply with all applicable local and state regulations and licensing.

(2)

No cannabis retail establishment shall be licensed if located within 300 feet of a school or daycare center.

(3)

No cannabis retail establishment shall be licensed if within 300 feet of another cannabis retail establishment.

(4)

It shall be unlawful for any cannabis retail establishment licensed pursuant to this development code to remain open to the public at any time other than between the hours of 7:00 a.m. and 12:00 a.m. daily.

(5)

Cannabis retail establishments shall not be permitted to have indoor or outdoor designated vaping or smoking areas as defined in section 18-31 of chapter 18 the County Code of Ordinances.

(g)

Daycare center.

(1)

This use shall obtain a conditional use permit pursuant to section 16-74(b) as required by Table 26: Permitted Use Table.

(2)

This use must comply with all applicable local, state, and federal regulations and licensing.

(3)

Prior to operation, the license must be filed with the community development director.

(4)

This use shall provide off-street parking per division 3, Off-Street Parking, Loading, and Queuing and a procedure for pickup and delivery of children according to a site plan filed with the application.

(5)

No outdoor activities for children shall be allowed before 7:30 a.m. or after 6:00 p.m daily.

(6)

Noise levels shall be governed by the provisions of chapter 18 of the County Code of Ordinances.

(h)

Nicotine retail.

(1)

This use must comply with all applicable local and state regulations.

(2)

No nicotine retail establishment shall be allowed if located within 300 feet of any residential zone district, a school, or daycare center.

(3)

This use shall require a conditional use permit pursuant to section 16-74(b) if within 500 feet of another nicotine retail establishment.

(4)

It shall be unlawful for any nicotine retail establishment licensed pursuant to this development code to remain open to the public at any time other than between the hours of 8:00 a.m. and 10:00 p.m. daily.

(i)

Kennel.

(1)

Outdoor facilities associated with this use, including outdoor kennels or runs, shall not be located within 300 feet of any residential zone district.

(j)

Light vehicle and equipment sales, rental, and repair.

(1)

This use shall require a conditional use permit in any mixed-use zone district pursuant to section 16-74(b). Vehicle service and maintenance shall be conducted within fully enclosed portions of a building and any incidental outdoor vehicle or equipment display or storage is prohibited within the mixed-use zone districts.

(2)

Any incidental outdoor vehicle or equipment display, storage, or service and maintenance areas must be screened from any abutting residential or mixed-use zone districts as required by section 16-40.

(k)

Heavy vehicle and equipment sales, rental, and repair.

(1)

This use is prohibited within 300 feet of a single-family residential zone district (SFR).

(2)

Any incidental outdoor vehicle or equipment display, storage, or service and maintenance areas must be screened from any abutting residential or mixed-use zone district as required by section 16-40.

(3)

This use shall provide a Type B buffer, as required by section 16-43, when adjacent to low-density residential zone districts.

(4)

Open storage of inoperable, wrecked, or discarded machinery or equipment is prohibited.

(l)

Vehicle fuel sales.

(1)

Vehicle fueling stations abutting a single-family residential zone district (SFR) shall require a conditional use permit pursuant to section 16-74(b).

(m)

Vehicle storage.

(1)

Commercial vehicle storage shall be prohibited in any residential zone district.

(2)

All outdoor vehicle storage areas shall be screened from any adjacent residential or mixed-use zone district as required by section 16-40.

(3)

This use shall provide a Type B buffer, as required by division 5, Neighborhood Protection Standards, when adjacent to low-density residential zone districts.

(a)

Artisan manufacturing.

(1)

All activities associated with this use shall occur entirely within an enclosed structure.

(2)

The incidental retail sales of goods produced on the property are allowed.

(b)

Light manufacturing.

(1)

All activities associated with this use shall occur entirely within an enclosed structure.

(2)

The incidental retail sales of goods produced on the property are allowed.

(c)

Heavy manufacturing.

(1)

This use may be conducted outside of a building, provided it complies with all applicable standards of section 16-40.

(2)

This use shall provide a Type C buffer, as required by section 16-43, when adjacent to any non-industrial zone district.

(3)

This use is prohibited within 500 feet of any residential zone district, school or daycare center.

(4)

Incidental outdoor storage is allowed, provided it is compliant with the standards of section 16-18(j).

(d)

Special manufacturing.

(1)

This use must comply with all applicable local, state, and federal regulations and licensing.

(e)

Cannabis cultivation and manufacturing facility.

(1)

A cannabis cultivation and manufacturing facility is allowed, provided that the establishment complies with all applicable local and state requirements and licensing.

(2)

This use shall provide a Type C buffer, as required by section 16-43, when adjacent to any non-industrial zone district.

(3)

No cannabis cultivation and manufacturing facility shall be licensed if located within 300 feet of a school, or daycare center or any residential zone district.

(4)

All activities associated with this use must be conducted within the fully enclosed portions of a building unless a conditional use permit is obtained pursuant to section 16-74(b).

(5)

Incidental outdoor storage is allowed, provided it is compliant with the standards of section 16-18(j).

(f)

Natural resource extraction.

(1)

This use must obtain all applicable state and federal regulations and permits and comply with the terms of those permits throughout the duration of the activity.

(2)

This use is prohibited within 500 feet of any residential zone district, school, or daycare center.

(3)

This use shall be screened from adjacent properties by all applicable standards of section 16-40.

(4)

This use shall provide a Type C buffer, as required by section 16-43, when adjacent to any non-industrial zone district.

(g)

Recycling station.

(1)

This use shall occupy an area not greater than 1,000 square feet.

(2)

Recycling stations shall be operated and maintained in a safe, healthful, and convenient manner and shall not be operated so as to become offensive, noxious, hurtful, injurious, or dangerous to persons or adjoining properties.

(3)

Recycling stations should not be directly accessed from the public right-of-way and should be situated and designed so as not to create traffic and/or pedestrian circulation problems on existing properties.

(h)

Salvage yard.

(1)

This use is prohibited within 300 feet of any residential zone district, school, or daycare center.

(2)

This use shall be screened from adjacent properties by all applicable standards of section 16-40.

(3)

This use shall provide a Type C buffer, as required by section 16-43, when adjacent to any non-industrial zone district.

(i)

Small wireless telecommunication facility.

(1)

This use requires a small wireless telecommunication facility permit pursuant to procedures outlined in section 16-73(l).

(2)

The county specifically reserves all of its rights under federal and state laws to impose design, aesthetic, spacing, placement, and/or construction standards for small wireless telecommunication facilities as may exist from time to time.

(3)

This section is not applicable to amateur radio facilities and licensees licensed by the FCC pursuant to federal and state laws.

(4)

Applicability. Any wireless provider that seeks to install, modify, operate, or replace a utility pole in the rights-of-way that exceeds the height or size limits defined by federal law shall not be treated as a small wireless telecommunication facility.

(5)

Decorative poles. Wireless providers shall be permitted to replace a decorative pole when necessary to collocate a small wireless telecommunication facility, but only where the replacement pole conforms to the design aesthetics of the decorative pole being replaced in the reasonable judgment of the director of public works and shall also be subject to other applicable design requirements for the area of the replaced pole.

(6)

Historic districts. The county may, as permitted by federal or state law, deny an application that alters the structure or area of a historic structure, or require reasonable design or concealment measures and reasonable measures for conforming to the design aesthetics of a historic protection overlay district for a site within the historic protection overlay zone district. Any such design or concealment measures shall not prohibit or have the effect of prohibiting the provision of personal wireless services; nor may any such measure be considered part of the small wireless telecommunication facility for purpose of the size restrictions in the definition of small wireless telecommunication facility.

(7)

Removal, relocation, or modification of small wireless telecommunication facilities in the right-of-way.

a.

Within 90 days following receipt of written notice from the county, wireless provider shall, at its own cost and expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless telecommunication facilities within the rights-of-way whenever the county has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any county improvement in or upon, or the operations of the county in or upon, the rights-of-way.

b.

The county has and retains the right in an emergency as reasonably determined by the county to remove any small wireless telecommunication facility located within the rights-of-way of the county, as the county may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If circumstances permit, the county shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider after cutting or removing a small wireless facility.

c.

No abandonment of a small wireless telecommunication facility shall be allowed. All small wireless telecommunication facilities not in service shall be physically maintained as if in service for the protection and safety of the public.

d.

A wireless provider shall, upon planned removal of a small wireless telecommunication facility within the rights-of-way of the county, notify the county of its intention to discontinue use of the small wireless telecommunication facility. The notice shall be in writing and inform the county of the time and the way in which the small wireless telecommunication facility and related utility lines serving the small wireless telecommunication facility will be removed. The wireless provider is responsible for the costs of the removal and restoration of the public right-of-way to its prior condition. If the wireless provider does not complete the removal within 45 days after notice, the county may complete the removal and assess the costs of removal against the wireless provider.

e.

The county may require a wireless provider to repair all damage to the rights-of-way caused by the activities of the wireless provider and return the rights-of-way to its pre-damage condition according to the county's requirements and specifications. If the wireless provider fails to make the repairs within a reasonable period after written notice, the county may affect those repairs and charge the applicable party the reasonable, documented cost of such repairs including all labor, management, collection, and material costs.

(8)

Attachment to county utility poles in the right-of-way.

a.

Small wireless telecommunication facilities may be collocated on county-owned utility poles pursuant to this article where the county determines that such collocation shall not interfere with the current or future use of such pole(s).

b.

No person or wireless provider will be permitted an exclusive arrangement to attach to county poles.

c.

Attachment to a county utility pole requires the execution of a pole attachment agreement.

(j)

Wireless telecommunication facility. Wireless telecommunication facilities require a wireless telecommunication facility (WTF) permit pursuant to procedures outlined in section 16-74(c).

(1)

Collocations and public utility collocation.

a.

Collocations are encouraged. Collocation on a concealed WTF shall maintain the concealed nature of the facility.

b.

The wireless provider shall agree to allow on a nondiscriminatory basis, to the maximum extent feasible, the collocation of other antennas on the approved tower or tower alternative.

(2)

Location.

a.

WTFs shall be located in accordance with the following priorities, with subsection a.1. being the highest priority and subsection a.3. being the lowest priority:

1.

In IND and GC zone districts;

2.

In other nonresidential zone districts;

3.

In residential zone districts, subject to the hearing requirements of section 16-74(c) discretionary wireless telecommunication facility permit.

b.

An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected without a demonstration that inability to use the requested site would constitute a prohibition or effective prohibition under applicable federal or state law.

c.

Only collocations, public utility collocations, and architecturally integrated WTFs to the maximum extent feasible are allowed within any downtown or mixed use zone district including MU, WRTC or DTLA.

(3)

Concealment requirement.

a.

WTFs shall be designed to be concealed and blend in with the surrounding structure or area as best applicable.

b.

WTFs shall have the least adverse visual effect of the environment to the maximum extent feasible by using concealment technology and building materials, colors, and textures designed to blend with the structure to which it may be affixed or to which it is adjacent and to harmonize with the natural surroundings.

c.

A WTF is considered concealed if the community development director or designee determines the facility is:

1.

Aesthetically integrated with existing buildings, structures, and landscaping to blend in with the nature and character of the built and natural environment, considering height, color, style, massing, placement, design, and shape.

2.

Located in areas where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening of the WTF.

3.

Constructed and located so as not be a readily visible or identifiable as a WTF.

d.

These concealment requirements shall not be administered so as to not prohibit or have the effect of prohibiting the provision of personal wireless services.

(4)

Height. WTFs shall not exceed 15 feet above the maximum height permitted in the zone in which the WTF is to be located, or if in the public right-of-way to the zone immediately adjacent to the WTF, unless a different height is specified by federal or state regulations.

(5)

Setbacks and separation.

a.

All proposed towers and any other proposed wireless telecommunications facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by sufficient distance to assure safety of persons and structures in the vicinity. A standard of acceptable distance will be equal to the height of the proposed tower or wireless telecommunication facility structure. A freestanding wireless telecommunication structure that abuts a residential district shall establish the setback equal to the height of the structure. Applicants proposing a smaller setback shall demonstrate ancillary safety precautions in the design of the structure that justify the smaller setback, with acceptance of the ancillary safety precautions by the county.

b.

This use is prohibited within 1,000 feet in any direction of any other freestanding WTFs, as measured from the wall or fence of each freestanding WTF unless the wireless provider proves by clear and convincing evidence that no technical alternative or combination of alternatives to lesser spacing is possible.

(6)

Landscaping and screening.

a.

Freestanding WTFs shall be surrounded by an opaque wall or fence design acceptable to the county of at least six feet high or higher if any equipment within the surrounded area exceeds six feet in height.

b.

Freestanding WTF screening shall include a Type A vegetative buffer as outlined in section 16-43.

(7)

Lighting. WTFs shall only include signage required by state or federal law.

(8)

Abandonment. No abandonment of a wireless facility shall be allowed. All wireless facilities not in service shall be physically maintained as if in service for the protection and safety of the public.

(Ord. No. 02-370, § 4, 10-7-2025)

(a)

Accessory dwelling unit.

(1)

The erection of any accessory dwelling unit requires a building permit prior to commencing construction.

(2)

No more than one accessory dwelling unit either attached or detached is permitted per lot.

(3)

The underlying base zone district requirements including lot, setback, and coverage standards shall apply to an accessory dwelling unit. The height of accessory structures for the underlying base zone district shall apply to detached accessory dwelling units.

(4)

The square footage of the accessory dwelling unit shall not be less than 250 square feet or more than 800 square feet. The accessory dwelling unit square footage shall not exceed the gross floor area of the primary dwelling. All accessory dwelling units shall comply with applicable building code requirements, including minimum room sizes and ceiling height standards.

(5)

Detached accessory dwelling units shall be at least ten feet from the primary dwelling on the lot.

(6)

This accessory use shall provide one dedicated off-street parking space. All required parking shall be provided in a designated parking area, such as driveways or garages, with no more than one tandem parking space allowed. No parking shall occur on lawns or sidewalks.

(7)

The accessory dwelling unit shall not be subdivided from the primary dwelling or sold under separate ownership from the primary dwelling unless the accessory dwelling unit meets all applicable requirements for a primary dwelling and all dimensional standards for a separate lot.

(8)

No variances or administrative deviations shall be granted for the standards outlined in this section.

(b)

Accessory structures.

(1)

The erection of any accessory structure requires an accessory structure permit pursuant to section 16-73(c) prior to commencing construction.

(2)

Accessory structures shall comply with any maximums and dimensional standards of the underlying zone district in which they are located, pursuant to article II, Zone Districts.

(3)

Unless otherwise specified within this Code, accessory structures shall be a maximum height of 15 feet.

(4)

No accessory structure may be located closer to the front property line than the main structure on any lot, except those provided in section 16-18(b)(5).

(5)

Garages and carports may be located in the front yard behind the minimum front setback in any residential zone district.

(6)

No accessory structure may be located in the front yard within 40 feet of the front property line in any zone district, except those provided in section 16-18(b)(5).

(7)

No accessory structures shall be located in required side setbacks in any zone district.

(8)

Small accessory structures, not exceeding 200 square feet, shall be at least ten feet from the primary dwelling and other accessory structures on the lot.

(9)

In any zone district, no accessory structure shall be located within five feet of any lot line.

(c)

Caretaker unit.

(1)

No more than one caretaker dwelling unit is permitted per lot as allowed per Table 26: Permitted Use Table.

(d)

Daycare facility.

(1)

This use shall obtain a conditional use permit pursuant to section 16-74(b) as required by Table 26: Permitted Use Table.

(2)

This use must comply with all applicable local, state, and federal regulations and licensing.

(3)

Prior to operation, the license must be filed with the community development director.

(4)

This use shall provide off-street parking per division 3, Off-Street Parking, Loading, and Queuing and a procedure for pickup and drop-off of children according to a site plan filed with the application.

(5)

This use shall be limited to a minimum of five and maximum of seven individual children.

(6)

This use shall outwardly appear to be a residential dwelling which is compatible with other dwellings in the neighborhood.

(7)

No major alterations to the dwelling are allowed that prevent the continuing use or the structure as a residence.

(8)

All required parking shall occur in designated parking areas, such as parking lots, driveways, and/or garages. No parking shall occur on lawns or sidewalks.

(9)

Outside recreation areas shall be fenced from adjoining residential properties.

(10)

No outdoor activities for children shall be allowed before 7:30 a.m. or after 6:00 p.m. daily.

(11)

Noise levels shall be governed by the provisions of chapter 18 of the County Code of Ordinances.

(e)

Daycare home.

(1)

This use shall be an accessory use and home occupation in any residential zone district.

(2)

This use must comply with all applicable local, state and federal regulations and licensing.

(3)

Prior to operation, required licensing or exemption thereof must be filed with the community development department.

(4)

This use shall be limited to a maximum of four children.

(5)

This use shall outwardly appear to be a residential dwelling which is compatible with other dwellings in the neighborhood.

(6)

No major alterations to the dwelling are allowed that prevent the continuing use or the structure as a residence.

(7)

This use shall provide a minimum of one off-street parking space per employee.

(8)

All required parking shall occur in designated parking areas, such as parking lots, driveways, and/or garages. No parking shall occur on lawns or sidewalks.

(9)

Outside recreation areas shall be fenced from adjoining residential properties.

(10)

No outdoor activities for children shall be allowed before 7:30 a.m. or after 6:00 p.m. daily.

(11)

Noise levels shall be governed by the provisions of chapter 18 of the County Code of Ordinances.

(f)

Greenhouse.

(1)

Within residential zone districts, this use must comply with all provisions for accessory structures in section 16-18(b).

(g)

Home business.

(1)

This use shall obtain a conditional use permit per the requirements of section 16-74(b) prior to conducting business.

(2)

This use shall obtain a business license, registration, or permit, pursuant to chapter 12, of the Los Alamos County Code of Ordinances.

(3)

This use shall provide a minimum of one off-street parking space per employee.

(4)

All required parking shall occur in designated parking areas, such as parking lots, driveways, and/or garages. No parking shall occur on lawns or sidewalks.

(5)

Other than restrictions on employment, this use shall comply with all regulations of the home occupations in section 16-18(h).

(h)

Home occupation.

(1)

This use shall obtain a business license, registration, or permit, pursuant to chapter 12, of the Los Alamos County Code of Ordinances.

(2)

The administrator of this use shall be the permanent resident of the structure in which this use is conducted.

(3)

No more than one person outside of the residents of the dwelling shall be employed in the use or activities of a home occupation.

(4)

This use shall outwardly appear to be a residential dwelling which is compatible with other dwellings in the neighborhood.

(5)

No major alterations to the dwelling are allowed that prevent the continuing use of the structure as a residence.

(6)

The following uses from Table 26: Permitted Use Table are prohibited as a home occupation:

a.

Any use in the food and beverage category.

b.

Any use in the vehicle and equipment-related category.

c.

Any use in the industrial category, with the exception of artisan manufacturing.

d.

Contractor facility or yard.

e.

Crematorium.

f.

Mortuary.

g.

Cannabis cultivation and manufacturing facility, unless as authorized by the state as a licensed producer pursuant to the Lynn and Erin Compassionate Use Act.

h.

Cannabis retail, unless as authorized by the state as a licensed producer pursuant to the Lynn and Erin Compassionate Use Act.

(7)

All business activities shall be conducted in the primary building or an allowed accessory structure, except in the RA zone district where agricultural, horticultural, or animal husbandry uses may be carried out on the outside of a building.

(8)

No more than ten percent of the total floor area of the dwelling unit where the operator of the home occupation resides or a maximum of 300 square feet shall be designated to the home occupation use.

(9)

The incidental retail sales of goods and services created on the premises may be sold on the premises, provided the retail component is not more than ten percent of the total floor area of the dwelling unit.

(10)

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

(11)

The home occupation shall not generate vehicular traffic and parking greater than that which would be generated by a residential use of the underlying base zone district.

(12)

Any violation of these regulations may result in the revocation of any home occupation permit in addition to any other remedy for such violation provided in this Code or by law.

(i)

Livestock husbandry.

(1)

The keeping and maintenance of livestock shall comply with the regulations and provisions of chapter 6, of the Los Alamos County Code of Ordinances.

(j)

Outdoor storage, accessory.

(1)

Incidental outdoor storage shall be limited to goods or materials sold or used on the premises as part of the principal use of the property.

(2)

No outdoor storage shall be allowed in required off-street parking, landscape areas, or public right-of-way and pedestrian pathways.

(3)

Outdoor storage of material shall create no hazard or visual obstructions to required sight visibility triangles of section 16-25(d), or create a fire, safety, or health hazard.

(4)

All outdoor vehicle storage areas abutting any residential or mixed-use zone district is prohibited.

(5)

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way pursuant to all applicable standards in section 16-40(b).

(6)

In any zone district except for IND, the height of any items stored outside shall not exceed the height of any screening fence or wall.

(7)

Where the outside storage is necessary during construction, it must comply with section 16-19(a).

(k)

Recreational vehicle storage.

(1)

Recreational vehicles, and boats, may be parked:

a.

Inside an enclosed accessory structure;

b.

Outside in a side or rear yard; or

c.

Designated parking areas, such as parking lots, driveways, and/or garages.

(2)

A recreational vehicle, boat, and/or recreational trailer recreation equipment shall not be parked or stored in front yards except for periods for loading or unloading purposes provided it does not exceed ten days at a time; except if the lot, because of topography or shape, and the structures located on the lot, cannot reasonably accommodate the location of recreation equipment in areas other than the front yard. In those instances, the recreational vehicle shall be kept in reasonable, operable condition and repair and parked with the vehicle or equipment perpendicular to the front property line, at least 11 feet from the face of the curb.

(3)

No recreational vehicle or boat storage or parking shall occur on lawns or public sidewalks.

(4)

No part of any recreational vehicle or equipment may extend over any public sidewalk or into any required clear sight triangle.

(5)

No parked vehicle or equipment may be used for dwelling purposes, except one recreational vehicle may be used for dwelling purposes for a maximum of 30 days in any calendar year on any lot if used by house guests of the resident(s) of the premises, provided that no money is received by the resident(s) of the site for this privilege. A recreational vehicle may be used as a temporary dwelling during the construction of a single-family or two-family dwelling, through the issuance of a temporary use permit, pursuant to section 16-73(o).

(l)

Residential community amenity.

(1)

Outdoor recreational areas, including but not limited to swimming pools, tennis courts, basketball courts, are permitted as an accessory use to townhouse, multi-family, or mixed-use developments. Swimming pools shall comply with the standards in section 16-18(p).

(2)

Any structures required for this use, such as clubhouses, must comply with the dimensional regulations of the underlying base zone district and shall appear outwardly to be compatible with other dwellings in the development or neighborhood.

(m)

Microwave and satellite dish antennas.

(1)

A maximum of one satellite dish antenna per residential lot is permitted as an accessory use.

(2)

Installation will be in accordance with manufacturer's specifications. In the absence thereof, installation will be in accordance with specifications established by the county engineer.

(n)

Solar collection systems.

(1)

Solar energy collection systems shall comply with all applicable zoning district standards, including but not limited to setbacks, height limitations, permitted locations, and other relevant land use regulations. Solar energy collection systems are also subject to any applicable supplemental requirements, such as screening and building design standards. Permitted zoning locations for solar energy collection systems are identified in section 18-14, Table 26, Permitted Use Table.

(2)

Solar energy collection systems must be mounted on non-reflective or black matte frames to reduce glare to neighboring properties.

(o)

Swimming pools.

(1)

Swimming pools, public or private, shall not be located in any required front or side setback area.

(2)

Swimming pools shall maintain a minimum distance of ten feet from all property lines. Associated features such as pool coping, walks, or apron are not restricted by this ten-foot setback requirement.

(3)

A structure designed to enclose a pool shall meet the applicable accessory or main structure setback and height and coverage requirements of the underlying base zone district.

(4)

Swimming pools and associated features shall comply with building code requirements.

(5)

Every outdoor swimming pool, or the yard in which it is located, must be completely surrounded by a fence not less than 42 inches in height, and all fence gates or doors opening to the pool must be equipped with at least a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use.

(6)

No private swimming pool shall be operated as a business or as a private club, unless in accordance with other provisions of this Code.

(Ord. No. 02-370, § 5, 10-7-2025)

(a)

Construction staging area, storage, trailer, or office.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

This use may only be ancillary to a construction project and shall only be allowed 30 calendar days before construction begins to 30 calendar days after issuance of a certificate of occupancy for a structure, or 30 calendar days after construction finishes if no certificate of occupancy is required.

(3)

Security fences not exceeding eight feet in height may be erected on the construction site, with the location and material of the fence to be approved by the community development director as part of the temporary use permit for the contractor's office and/or equipment shed. Barbed wire may be utilized for added security, but only at the top of the fence above six feet. Such fences shall be removed on or before the expiration of the temporary use permit.

(b)

Dwelling unit, temporary.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

Temporary dwelling units shall only be permitted during construction or renovation of a permanent single-family or two-family dwelling unit and shall be located in a structure, mobile home, or recreational vehicle on the same premises as the activity or construction that it serves.

(3)

The applicant shall arrange for appropriate utility services to the temporary dwelling unit.

(4)

The dwelling unit's location on the site shall conform to the site development standards of the residential district in which it is to be located.

(5)

The temporary dwelling unit shall be removed from the site on or before occupancy of the permanent dwelling unit.

(c)

Fair, carnival, circus.

(1)

This use requires a special event permit pursuant to the procedures set forth in section 16-73(m).

(2)

This use shall only operate for a maximum period of 15 days in any six-month period at the same site.

(d)

Film productions.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(e)

Mobile vending.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

This use may be operated outside an enclosed structure.

(3)

Mobile vending operators intending to operate in the public right-of-way shall obtain all required licenses and permits from the county, which shall be available on-site for inspection by government officials.

(4)

Mobile vending operating on private property shall obtain written consent from the private property owner(s) of properties on which they intend to operate.

(5)

Mobile vending operators shall obey all parking and traffic laws. No part of the mobile vending operation shall obstruct required parking stalls.

(6)

Mobile vending operations shall not obstruct pedestrian or bicycle access or passage, or parking lot circulation. Mobile vending on sidewalks or on-site pedestrian walkways shall maintain a minimum of four feet of unobstructed sidewalk clear zone along the public sidewalk at any time.

(7)

The display or sales of merchandise is permitted in the MU, WRTC, DTLA, GC, P-O, and the IND zone districts for a maximum period of 30 calendar days cumulative in any 12-month calendar year period.

(8)

This use may include any activity involved with food preparation or sales, provided all applicable environmental health and other county and state regulations shall apply and the use is compliant with the following regulations:

a.

Mobile food vendors must comply/ address gray water and grease waste per state regulations.

b.

Mobile food vending operators shall maintain trash receptacles and all areas used for food vending in a safe and clean condition and must dispose of all waste in accordance with health department regulations.

(9)

In the INS zone district, student vendor sales shall be permitted only with the consent of the owner of such property provided the following standards are met:

a.

Applicants shall comply with the provisions of chapter 12, of the Los Alamos County Code of Ordinances.

b.

Student vendor sales of food products shall comply with all applicable food safety and licensing regulations.

c.

Temporary use permits for student vendor sales shall be valid from, and including, Memorial Day weekend to Labor Day weekend.

d.

Student vendor sales are limited to persons currently enrolled in high school or college. Proof of such enrollment shall be required at the time the application for a temporary use permit is submitted to the county.

e.

Student vendor sales on the public rights-of-way are prohibited.

(f)

Mobile food vending.

(1)

This use requires a temporary use permit pursuant to procedures outlined in section 16-73(o).

(2)

Mobile vending is not allowed within 20 feet of the entry to an existing drive-in, takeout, or enclosed restaurant.

(3)

Mobile food vending is not allowed within 300 feet of a special event sponsored by Los Alamos County unless the vendor is participating in the scheduled special event.

(4)

Mobile food vending vehicles shall comply with the provisions of the noise ordinance article III, chapter 18 of this Code. Use of loudspeakers or amplification of sound by mobile food vending vehicles is prohibited.

(5)

Mobile food vendors shall at all times keep the area immediately surrounding the outside of their vehicle free of litter and refuse that originates from their operations. All litter originating from their vending operations shall be removed and disposed of in accordance with local and state disposal requirements.

(6)

Mobile food vendors shall comply with all traffic and safety regulations, including:

a.

Use of parking spaces by mobile food vendors on public streets and public parking lots is allowed by first-come-first-served basis. Mobile food vendors shall not reserve parking spaces by the placement of obstructions intended to block or hold parking areas for their use.

b.

Mobile food vendors shall not use or block accessible parking spaces or designated loading or short-term parking spaces.

c.

Mobile food vending operations shall in no case adversely affect public safety or the operations of adjacent parking areas, public streets, and sidewalks.

(7)

Mobile food vending shall be permitted in the White Rock town center (WRTC), mixed-use (MU), downtown Los Alamos (DTLA), general commercial (GC), professional office (PO), industrial (IND), and institutional (INS) zoning districts subject to the following conditions:

a.

Applicants shall obtain a county business license and comply with the provisions of article II, chapter 12 of this Code if required.

b.

Applicants shall comply with all requirements of Los Alamos County Fire Department and obtain a County Fire Operational Permit.

c.

Mobile vending operating on private property in all non-residential zone districts shall obtain and provide written consent from the private property owner(s) of properties on which they intend to operate.

d.

Mobile food vending sales shall comply with all applicable local, state and federal laws.

e.

Mobile food vendors shall maintain trash receptacles and all areas used for food vending in a safe and clean condition and must dispose of waste in accordance with state health department regulations. Trash receptacles shall not impede on pedestrian or vehicular traffic in the vicinity of mobile food vending vehicle.

f.

Mobile food vendors shall comply/address gray water and grease waste per New Mexico State, Los Alamos County, and Department of Public Utilities regulations.

g.

Mobile food vendors shall state the make, model, and license plate number of each vehicle to be used for mobile food vending on the business license application.

h.

Mobile food vendors shall furnish the county with a valid food establishment permit issued by the New Mexico Environment Department. The food establishment permit shall be clearly displayed on the outside of the vehicle at all times.

i.

Each vehicle used for vending shall be individually permitted and shall clearly display the corresponding permit on the outside of the vehicle at all times.

j.

Mobile food vendors participating in a special event shall follow all special events sponsored by Los Alamos County and temporary use permit requirements.

(8)

Upon receiving a written notice from the county for violations of the county code or New Mexico State law, mobile food vendors shall correct all violations within 72 hours of receiving such notice. If the permittee does not correct the violations, the community development director shall revoke the mobile food vendor permit and permittee shall be subject to penalties pursuant to section 1-8 of the Code.

(g)

Real estate office.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

Real estate office and model homes may be located within a residential zone district as part of an on-going residential development.

(h)

Seasonal outdoor sales.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

This use shall only operate for a maximum period of 45 days in any calendar year, with the exception of seasonal produce sales which may be granted for a period that accommodates the growing/harvest season.

(3)

In any INS zone district, seasonal sales are permitted only with the property owner's consent for a maximum of 45 days. The county council shall designate county lands where sales are allowed.

(4)

Seasonal outdoor sales shall not obstruct nor encroach upon any required side yard setback, pedestrian or bicycle access or passage, or parking lot circulation. Seasonal outdoor sales on sidewalks or on-site pedestrian walkways shall maintain a minimum of four feet of unobstructed sidewalk clear zone along the public sidewalk at any time.

(i)

Special event.

(1)

This use requires a special event permit pursuant to procedures outlined per section 16-73(m).

(2)

This use shall only operate for a maximum period of 15 days in any 90-day period.

(j)

Temporary storage.

(1)

This use requires a temporary use permit pursuant to procedures outlined per section 16-73(o).

(2)

This use shall only operate for a maximum period of 60 consecutive days in any calendar year. Temporary storage containers shall not be permanently placed within any front, side, or rear yard.

(3)

Temporary storage containers shall not be placed within public rights-of-way; except if the lot, because of topography or shape, and the structures located on the lot, cannot reasonably accommodate the location of temporary storage in areas other than within the public rights-of-way.

(4)

Temporary storage containers shall not interfere with required sight visibility triangles pursuant to section 16-25(d).

(k)

Outdoor dining.

(1)

Outdoor dining areas located in the public right-of-way shall require a temporary use permit, pursuant to the requirements of section 16-73(o), provided they meet the standards of this subsection.

(2)

Outdoor dining areas shall be limited to the area directly adjacent to the business they serve.

(3)

Outdoor dining areas shall not interfere with ingress or egress of surrounding establishments.

(4)

Outdoor dining areas shall not obstruct required sight visibility triangles as defined in section 16-25(d).

(5)

Outdoor dining areas shall maintain a minimum of five feet of unobstructed sidewalk clear zone along the public sidewalk at any time.

(6)

Outdoor dining areas that have more than four tables or other furnishings shall provide a maximum four-foot vertical separation between the dining area and the sidewalk with fencing, decorative plants, landscape planters, or other architectural barriers approved by the community development director that prevent encroachment of tables and chairs into the five feet clear zone maintained for pedestrian access.

(7)

The outdoor dining use operator shall maintain the outdoor dining area in a clean and safe condition at all times.

(8)

Outdoor dining areas whether as part of a new business or an expansion of an existing business, require review and approval through a site plan or site plan amendment.

(Ord. No. 02-370, § 6, 10-7-2025)