This chapter contains additional regulations applicable to specific types of uses that supplement the requirements found in other chapters. This chapter will be amended over time as particular types of uses need regulations developed applicable just to those uses.

(Ord. 276 (part), 2001)

A. Planned residential developments are permissible only on tracts of at least five acres located within A-R, RR, R1, R2 and R-3 zoning districts.

B.

Permissible types of residential uses within this type of development include single-family detached dwellings, two-family residences, multi-family residences, and single-family attached dwellings. At least fifty percent of the total number of dwelling units must be single-family detached residences on lots of at least seven thousand five hundred square feet.

C.

Single-family detached units shall be developed on the periphery of the tract so that single-family detached residences border adjacent properties.

(Ord. 276 (part), 2001)

A. Planned unit developments are permissible only on tracts of at least ten acres located within the SU zoning district.

B.

Within any lot developed as a planned unit development, not more than thirty-five percent of the total lot area may be developed for higher density residential purposes, not more than ten percent of the total lot area may be developed for commercial purposes.

C.

The plans for the proposed planned unit development shall indicate the portions of the property that the developer intends to develop for each purpose. For purposes of determining the regulations that apply, each portion of the property so designated shall then be treated as if it were a separate district.

D.

The nonresidential portion of any phase of the planned unit development may not be occupied until the entire residential infrastructure is completed. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses.

(Ord. 276 (part), 2001)

Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance. The administrator may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the work necessary to make such building habitable.

(Ord. 313 (part), 2004; Ord. 280, 2002; Ord. 276 (part), 2001)

A. In deciding whether a special event should be denied, or in deciding what additional conditions to impose, the code enforcement officer shall ensure that:

1.

The hours of operation allowed shall be compatible with the uses adjacent to the activity;

2.

The amount of noise generated shall not disrupt the activities of adjacent land uses;

3.

The applicants shall guarantee that all litter generated by the special event be removed at no expense to the village;

4.

The code enforcement officer shall not grant the use unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

B.

In cases where it is deemed necessary, the code enforcement officer may require the applicant to post a bond to ensure compliance with these conditions.

(Ord. 276 (part), 2001)

A. Ranching, farming and dairy farming are permitted in the AR and RR zones provided that the following maximum shall apply to agricultural animal keeping:

1.

For each cow or horse, ten thousand square feet of open lot area; and

2.

For each sheep, pig or goat, four thousand square feet of open lot area.

B.

All livestock and poultry shall be kept in such a manner, which will not constitute a nuisance through violation of the following regulations:

1.

No offensive noise, odor or dust shall be produced;

2.

Areas devoted to livestock and poultry, including accessory buildings and structures, shall be constructed and maintained to discourage concentration and breeding of insects or pests;

3.

All animals shall be confined within the owner's property boundaries.

(Ord. 276 (part), 2001)

A. It is unlawful to build, construct or maintain within the village any fence of barbed wire, brush or branches of trees. The property owner shall remove any fence built of barbed wire, brush or branches of trees within thirty days following written notification by the zoning enforcement officer. If such fence is not removed within thirty days, the village shall remove such fence and the property owner shall be charged for the removal expense. Notwithstanding the fence restrictions in this subsection, barbed wire fences may be allowed in the AR and RR zones for purposes of animal containment and agricultural cropland protection.

B.

No fence more than thirty percent solid and no fence or planting more than three feet above street level shall be located within fifteen feet of the curbline at any street intersection.

C.

Except as provided in this section, solid walls or screening fences less than four feet high may be located on any part of a lot. Fences no more than thirty percent solid and less than six feet high may be located in the front yard, provided that the visibility of vehicle or pedestrian traffic is not impeded.

D.

Except as provided in this section, fences less than seven feet high may be erected in any part of a lot that is as far back or further back from a street than the main building line, solid or otherwise.

E.

No fence or wall in the village, whether for retaining or screening purposes, or for both purposes combined, shall exceed seven feet in height. The height measurement will begin at the top of the wall's or fence's foundation.

F.

All retaining walls that are four feet in height or greater shall apply for a building permit and be required to be properly designed and engineered by an architect or engineer registered in the state.

G.

Tennis court fences and security fences for non-residential uses may be constructed to a maximum height of twelve feet, provided that they are constructed from materials that do not obstruct visibility, such as chain-link. Such fences must be constructed no closer to the property line than seven feet. Tennis court fences on residential property shall be located in a rear or side yard.

H.

Except as provided in this section, solid walls and screening fences less than seven feet high may be located anywhere on non-residential property to enclose an outdoor patio or courtyard, provided that the visibility of vehicle or pedestrian traffic is not impeded.

I.

The height measurement of a wall or fence shall be made on the side of the wall or fence at the lowest non-artificially raised grade level. In cases of topographic variations, the grade average shall be used for wall/fence height measurement.

J.

All fences over six feet in height shall require a building permit.

(Ord. 276 (part), 2001)

(Ord. No. 429, 12-21-2017; Ord. No. 467, 9-21-2023)

This use is permissive in the SU zoning district provided:

A.

All activities are conducted in a completely enclosed building or are enclosed by a solid wall or solid fence which shall be seven feet high;

B.

Inoperative automobile bodies or portions thereof may be stacked to a height that does not exceed the height of the required wall.

(Ord. 276 (part), 2001)

This use is permissive in the SU zoning district provided:

A.

The theater screen is five hundred feet from an arterial highway or aligned so that the screen may not be seen from the highway.

B.

All structures are fifty feet from any street where ingress and egress are permitted.

(Ord. 276 (part), 2001)

Mobile home parks are permissive in the SU zone district and must be submitted according to the following regulations:

A.

An applicant must submit a general development plan for the mobile home park showing approximate location of proposed buildings and mobile homes, lighting control, protective screening, landscaping, general design of parking both for residents and guests;

B.

The minimum area for mobile home parks shall be two acres;

C.

Maximum density shall be ten mobile homes per acre;

D.

No mobile home shall be located within twenty feet of any other mobile home. Any mobile home shall be at least twenty feet from the right-of-way or easement line of any street and at least ten feet from any property line of the mobile home park;

E.

All private roadways within the mobile home park shall be at least thirty feet wide and shall be paved;

F.

No mobile home park shall be occupied unless it is connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the Manufactured Housing Act of New Mexico (60-14-1 to 60-14-18 NMSA 1978.) All mobile homes will be skirted within six months.

(Ord. 276 (part), 2001)

Shopping centers are permissive in the SU zone district and a site plan must be submitted and reviewed that contains the following information:

A.

An applicant must submit a general development plan for the shopping center, or shopping center site. The plan will include drawings showing the approximate location of proposed buildings, lighting control, protective screening, landscaping, exterior maintenance control, the general design of pedestrian and vehicular entrance, exit and circulation; the general design of parking, loading and traffic handling facilities and methods.

B.

Access to the shopping center, or shopping center site, is limited to approaches designed according to applicable traffic engineering practice and laid out so as to be an integral part of the parking area and loading facilities. Pick-up points must be designed so those vehicles stopped for this purpose do not create congestion on an abutting public right-of-way.

C.

Upon approval, the applicant is responsible for payment of costs for the necessary channelization, shelter and vehicular turning movements into the shopping center or shopping center site. These responsibilities must be outlined and agreed upon between the applicant, village and the New Mexico State Highway and Transportation Department at the time of approval of the general development plan.

(Ord. 276 (part), 2001)

A. Any cellular antenna or tower proposed in the village shall require a designated use permit application and a public hearing before the planning commission and the village council.

B.

No cellular antenna or tower may be located within five hundred feet of any residentially zoned property or any residential dwelling unit, regardless of zoning.

C.

Various screening techniques shall be considered depending on site conditions. Techniques shall include, but not be limited to landscaping, berming, screening, and fencing where appropriate.

D.

The minimum setback from any property line for a cellular antenna or tower shall be equal to the height of the tower.

E.

Cellular antennas or towers will also be located so that the structure will not block a significant view.

F.

Applicants requesting a permit to site a wireless facility must provide:

1.

Site and landscape plans drawn to scale;

2.

Report describing the facility and the technical reasons for its design:

a.

Document structural integrity of the facility;

b.

Provide information necessary to assure that ANSI standards are met;

c.

Proof of ownership or authorization to utilize the proposed site;

d.

Copies of any easements necessary;

e.

Analysis of the area containing existing topographical contours;

f.

Visual survey depicting where the proposed tower can be seen;

g.

Demonstrate the need for a new tower and show that alternatives to the construction of a tower have been exhausted;

3.

Affidavit by applicant stating that space on the proposed tower will be made available to future users when technically possible.

G.

When telecommunication facilities are abandoned or technology makes them obsolete the owner of the facilities must provide the village with a copy of the notice to the FCC of intent to cease operations. Within ninety days of ceasing operations the owner of the facilities will remove the abandoned facilities.

(Ord. 276 (part), 2001)

All mobile homes and manufactured housing shall be installed in accordance with regulations promulgated by the Manufacturing Housing Act of New Mexico (60-14-1 et seq. NMSA 1978.) In addition, all mobile homes and manufactured housing in the R1 or RR zone districts shall be placed on a permanent and continuous frost protected perimeter, and shall be compatible and harmonious with existing structures in the vicinity. All other mobile homes and manufactured housing shall be skirted within ninety days of placement.

(Ord. 276 (part), 2001)

Commercial garages for automotive repair shall comply with the following conditions:

A.

All activities shall be conducted within a completely enclosed building.

B.

Storage of not more than eight automobiles provided that the outdoor area in which cars are stored shall be enclosed by a solid wall or fence at least six feet in height.

(Ord. 276 (part), 2001)

The following service shall comply with the stated conditions:

A.

Lubrication, minor repairs and associated activities are conducted within a completely enclosed building.

B.

Wrecker services with no more than eight vehicles being stored on the premises at any given time. Vehicles shall not be stored on the premises unless enclosed by a solid wall or fence of six feet. A minimum ground area of eight feet by twenty feet shall be required for each vehicle to be stored.

C.

All service stations will erect a solid masonry wall at least six feet high between the activity and any contiguous residential use.

(Ord. 276 (part), 2001)

A. Separation requirements for display of mobile homes will be at least eight feet distance from one another to include at least ten feet from all fencing to allow for safety access. All passageways will be a minimum of twenty feet wide.

B.

A solid wall or fence at least six feet in height, that forms a visual barrier will be erected on all residential perimeters.

C.

The site must be graded to retain storm water runoff.

D.

No on-site residential will be permitted for caretakers.

E.

Mobile home sales sites will be no smaller than two acres.

F.

On-site customer parking will exist at a minimum of one parking space per two mobile homes available for sale.

G.

Parking of semi-tractor trailer rigs used for moving or transporting mobile homes will be limited to one per mobile home sales lot.

H.

Adequate facilities will be provided on-site for restrooms and refuse containers.

I.

Internal and external repair of mobile home units on-site will be limited to minor repair and no major structural repairs will be allowed.

J.

Security lighting will be directed onto applicable commercial properties and structures.

K.

All nonconforming property will be granted no longer than two years to attain compliance with this section.

L.

All new businesses will be required to submit site development plans to satisfy the standards described in this section.

M.

The minimum setback for this use is twenty-five feet from the front property line.

(Ord. 276 (part), 2001)

A. Where permitted in a district, whether a conditional use permit is required or not, home occupation uses shall meet the following requirements:

1.

No more than one person other than members of the family residing on the premises shall be engaged in such occupation;

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. No more than twenty-five percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation, and not more than six hundred square feet of an accessory building;

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation except for a sign as permitted by Section 17.56.030 Sign permits;

4.

There shall be no sales in connection with such home occupation that would disrupt the residential nature of the district;

5.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

6.

No equipment or process shall be used in such home occupation that creates noise (see Section 9.08.060 of this code), vibration, glare, fumes, odors or electrical interference detectable to the normal senses. In the case of electrical interference, 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 of the premises;

7.

Only products made on the premises or incidental to the permitted home occupation may be sold on the premises.

B.

Uses permitted as home occupations that do not require a conditional use permit:

1.

Consultation office, to preclude physical treatment, of a physician, dentist, licensed massage therapist, or other similar licensed medical practitioner;

2.

Office of a lawyer, legal assistant, psychologist, psychiatrist, accountant, business management, professional member associations, bookkeeper, researcher, auditor, broker, tax consultant, financial consultant, travel agent, appraiser, architect, landscape architect, interior designer, draftsman, engineer, urban planner, builder, contractor, designer, desktop publisher, advertising professional, biologist, botanist, geologist, archeologist, paleontologist, secretarial and clerical services;

3.

Office of a private investigator, body guard, personal trainer, nutritionist, clown to include magician entertainment, disc jockey;

4.

Office of computer software and hardware consultant to include hardware repair, Web master, data processor, Internet entrepreneur;

5.

Office of plumber, electrician, landscape services, locksmith, carpet cleaner, HVAC contractor, painter, janitorial services;

6.

Shop of dressmaker, seamstress, tailor;

7.

Office of salesperson, sales representative, real estate agent, insurance agent, caterer, event planner;

8.

Studio of author, composer, artist, painter (fine art), sculptor, photographer;

9.

Studio of music instructor, martial arts instructor, personal trainer, tutor;

10.

Workshop for arts and crafts such as making of stained glass, ceramics, jewelry, lapidary work, rug weaving, floral work;

11.

Workshop for making and repair of portable musical instruments, bicycle repair;

12.

Office of telemarketing service, shuttle service, limousine service;

13.

Occupations similar to those listed above.

C.

Uses permitted as home occupations that require a conditional use permit:

1.

Beauty salons, nail salons or barber shops;

2.

Carpenter workshops;

3.

Furniture repair workshops;

4.

Wrought iron workshops;

5.

Occupations similar to those listed above.

D.

A home occupation shall not include the following uses:

1.

Physical or medical treatment of persons or animals or animal hospitals;

2.

Massage establishments, other than those employing massage therapists licensed by the state;

3.

Plumber workshops;

4.

Reserved;

5.

Heating and air conditioning workshops;

6.

Radio workshops;

7.

Auto repairing or painting;

8.

Contractors yards;

9.

Scrap and salvage services;

10.

Restaurants;

11.

Cocktail lounges;

12.

Rental outlets;

13.

Equipment sales;

14.

Adult oriented businesses;

15.

Recycling centers;

16.

Drop-off recycling collection facilities;

17.

Businesses involving the repair of any type of internal combustion engine, including equipment repair services;

18.

Occupations similar to those listed above.

(Ord. 276 (part), 2001)

(Ord. No. 370, 5-12-2011)

Because the enclosure of a front yard carport blocks the sight line through the neighborhood, reduces usable parking space, and modifies at times unfavorably the architecture of the home, restrictions shall be placed on the construction of front yard carports. Any carport to be placed in the front portion of a property, in the portion of the yard that lies between the front of the house and the street, shall conform to the following requirements:

A.

Unenclosed on three or more sides, and at least seventy-five percent open.

B.

Square footage will be limited to between one hundred twenty square feet and six hundred square feet.

C.

The highest point may not be higher than the highest point of the adjoining house.

D.

The total area of the carport may not exceed fifteen percent of the front yard setback.

E.

Carports are not permissible in the front yard setback in the TOD-MU and TOD-R zone districts.

(Ord. 356 (part), 2008; Ord. 276 (part), 2001)

A. Truck stops are permissive within the M1 and SU zoning districts.

B.

All truck stops will have access onto collector or arterial streets and not be permissive where local residential streets are the points of access.

C.

All portions of the lots that are not dedicated to building pads, landscaping or ponding areas must be asphalted.

D.

All maintenance and repair work to trucks must be done within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or materials related to the maintenance and repair shall not be permitted.

E.

Truck stops must have sanitary facilities that are connected to community water and sewer systems.

(Ord. 276 (part), 2001; Ord. No. 451, 12-23-2019)

A. An application for a change to SU zoning must state the use and be accompanied by a development plan that includes the following:

1.

Boundaries and topography of the property to be developed;

2.

Proposed size, location and use of all structures, signs, parking and loading areas, drainage facilities, landscaping and traffic and pedestrian circulation routes; and

3.

Existing location uses and size of structures on adjacent properties within two hundred feet of the proposed SU boundary.

B.

Any development plans with proposed infrastructure improvements such as streets, sidewalks and water and sewer utilities shall be subject to the requirements for subdivision approval as set forth in Title 16 of this code.

C.

An amendment to this title implementing a change in the zone atlas to SU must designate the specific use permitted, and a building permit may be issued only for the specific use and in accordance with the approved development plan. The name of each special use must be recorded in the zone atlas.

D.

A certified copy of the approved development plan shall be provided to the applicant and the zoning enforcement officer shall keep a second copy on file.

E.

The village engineer at the developer's expense must review all plans.

(Ord. 276 (part), 2001)

When used in conjunction with a residential subdivision, a temporary real estate office may be established in either a model home or a temporary structure. The temporary structure will only be allowed during the time that it takes to construct the model home.

(Ord. 276 (part), 2001)

A. It is the purpose and intent of this section to foster the creation of regionally appropriate, sustainable landscapes. This section requires the utilization of water conservation and irrigation efficiency to guide the design, installation, and maintenance of landscaping. There is sufficient information to believe that certain trees and shrubs produce allergens that adversely impact the health and well-being of many residents of the Village of Los Lunas, and that actions to reduce the production of these harmful allergens are therefore appropriate. It is also the purpose of this section to enhance the appearance of the village in order to promote civic pride and vitality.

B.

The requirements of this section apply to subsections (B)(1) and (2) below, and a landscape plan that demonstrates compliance with this section is required with the following:

1.

Applications for subdivision plat approval when landscaping is proposed for entrance features, medians or utility strips adjacent to sidewalks.

2.

Applications for building permits as follows:

a.

All new construction resulting in an enclosed structure with a gross floor area greater than five hundred square feet;

b.

For additions or remodeling of existing structures that disturb greater than one thousand square feet of land area, or have a valuation of over eighty thousand dollars;

c.

The requirements of this section do not apply to applications for new single-family dwelling units and interior remodeling.

C.

A landscape plan showing the location of plant material on a site plan will be submitted that provides an ample quantity and variety of ornamental plant species suitable for the climate. The landscape plan shall include the following:

1.

Species and size of existing plant material;

2.

Extent and location of all plant materials and other landscape features. Plant material must be identified with labels or an understandable legend;

3.

Plant schedule indicating common and botanical names, size at installation, size at maturity, quantities and method of transplant;

4.

All landscape features must be drawn to scale;

5.

Proposed treatment of all ground surfaces clearly indicated (paving, turf, gravel, grading, etc.);

6.

Irrigation system operation information and water budgets based on gallons used for landscape plants shall be included on the landscape plan or with attached documents.

D.

The director of the community development department or his designee shall have the authority to enforce this section.

1.

No building permit shall be issued, or subdivision plat recommended for approval without compliance with this section;

2.

Lack of compliance with this chapter may result in withholding or revocation of a certificate of occupancy;

3.

Should the requirements of this section not have been met prior to the request for a certificate of occupancy the applicant may provide a financial guarantee, as per the existing policy of the community development department at the time of the request;

4.

The director or his designee shall have discretion to allow alternate means of compliance with the requirements of this section when the proposed alternate means satisfy the intent, and are equivalent or exceed the requirements of this section.

E.

Water conservation shall guide landscape and site planning, design, installation and management. Landscape design shall apply the principles of xeriscape and achieve the highest industry standards for irrigation efficiency. The purpose of these strategies is to develop drought tolerant landscapes and to reduce the demand on the potable water system.

1.

Water features, including but not limited to fountains, streams and ponds are classified as high water use and must be integrated into an overall site water conservation plan;

2.

All new irrigation systems and major renovations of existing irrigation systems shall install backflow prevention devices;

3.

Irrigation systems shall be designed to prevent water waste, over-watering and to prevent overspray or drainage of water onto any paved or unplanted surface;

4.

Landscapes shall be irrigated with automatic underground irrigation systems designed such that the overall water consumption will not exceed fifteen gallons of potable water per square foot of landscape area per year;

5.

Turf, sod, or grass seeding of cool season species shall not be planted in areas where any dimension is less than ten feet.

F.

Plant material selection shall emphasize drought tolerant plant species and shall limit the use of high water use plan species. Tree species that increase harmful allergens are prohibited and include, but are not limited to, Cypress, Juniper, Mulberry, Elm and Ash.

G.

Warm season grasses are recommended for decorative lawns. When installed, cool season turf grass lawns shall be limited to seed mixes containing not more than twenty-five percent Kentucky Bluegrass varieties and Poa prensis v.

1.

Public parks and athletic fields are exempt from this restriction. These locations shall install only the minimum cool season turf required for the active recreational use;

2.

As of November 7, 2002, Russian Olive and Salt Cedar shall not be sold or installed within the village limits because of their classification as noxious weeds.

H.

Street trees:

1.

All new developments shall provide street trees;

2.

Vertical clearance below the lowest branch shall be seven feet over pedestrian walkways and fourteen feet over streets;

3.

Maintenance and replacement of street trees is the responsibility of the owner of the property on which the tree is located;

4.

Caliper size of the street trees will be a minimum of one and one-half inch measured six inches above the ground. Height will be a minimum of six feet;

5.

Street trees shall be located so as not interfere with the function of any underground utility lines;

6.

Street trees may be planted according to the following schemes:

a.

Street trees may be planted in open soil between the back of curb and sidewalk with their centerline places at the midpoint between the two,

b.

If the sidewalk is at the back of the curb and less than six feet wide, trees may be planted at least two feet beyond the property-side edge of the sidewalk,

c.

If the sidewalk is at the back of the curb and six feet wide or wider, trees may be planted in cutouts in the sidewalk. The centerline of the tree will be at least two feet from the back of the curb,

d.

Street trees may be planted in random clusters within twenty feet from the back of the curb;

7.

Street trees must be selected from the list of approved street trees, which is on file in the community development office;

8.

The distance between evenly spaced trees shall be no greater than the diameter of the tree canopy at maturity. For example, a three hundred foot frontage will require ten trees with a thirty-foot canopy, or fifteen trees with a twenty-foot canopy. The area west of I-25 will require street trees to be planted for every sixty feet of frontage on Main Street. The number of trees placed in random clusters must equal or exceed the number of trees that would be required if they were placed evenly;

9.

When parking areas are visible from Main Street or any street within a TOD-MU or TOD-R district, there shall be landscaping between the street and the parking with vegetation, planters, or berms. This landscaping shall be a minimum depth of ten feet, or six feet with a four-foot high screen wall. This landscaping shall be maintained between the parking area and the street regardless of site size;

10.

Landscaping of off-street parking shall incorporate shade trees distributed throughout the parking area at no less than one tree for every twenty parking spaces west of I-25. Minimum size of tree planters shall be thirty-six square feet per tree. In no case shall the parking supply be reduced below the minimum number of spaces in this title;

11.

Street trees located within twenty-five feet of parking may count toward the off-street parking shade tree requirements for that parking lot.

I.

To preserve clear views at street intersections, driveways and medians, shrubs and ground covers within the clear-sight triangles shall be maintained at a minimum of seven feet from the lowest branch to the top of the curb. Only the plants that can withstand reflected heat from asphalt and pavement shall be planted. All landscape areas within the zone shall be irrigated with an automatic underground irrigation system and/or automatic drip irrigation system;

J.

Commercial developments shall be separated from adjacent residentially zoned properties by inclusion of a seven-foot wide landscaped buffer area in the site plan and by vertical six-foot opaque screening with a fence, wall or landscape plants. Where small lots will be converted from residential to commercial, and the seven-foot wide landscape buffer will prevent the required amount of parking, buffer width can be reduced to not less than three feet with the provision that the proposed use of the lot will not be considered a nuisance to adjacent residential properties. Within the TOD-MU and TOD-R districts, a landscape buffer between residentially zoned properties and commercial developments shall not be required in front or side yards.

(Ord. 356 (part), 2008; Ord. 280, 2002)

A. Temporary structures are allowed in commercially zoned areas with issuance of a permit by the village. A permit will be issued for the use of a temporary structure once a quarter for not more than ten days under the following conditions:

1.

Certification of the village fire inspector that the temporary structure meets the requirement of the villages fire code;

2.

Site plans showing that there is adequate space for the temporary structure and additional parking required for the numbers of anticipated users of the temporary structure;

3.

These temporary structures and their uses are allowed only for the purpose of an existing business conducting a sale that is an extension of their everyday activity;

4.

These permits may also be issued for the use of special public functions to promote activities for the entire village but not to accommodate any one particular vendor;

5.

A carnival may be issued a permit for setting up a temporary structure if they have obtained proper certification from the New Mexico Regulation and Licensing Department;

6.

Firework vendors may utilize temporary structures from June 20th through July 6th.

B.

For the purposes of this section, "temporary structure" is any structure, including a tent, which is not attached to a permanent foundation or which lacks indoor plumbing. Exempt from this definition are the following:

1.

Any trailer, mobile housing unit or recreational vehicle;

2.

An accessory structure used solely for storage which lacks indoor plumbing but which otherwise complies with the Uniform Building Code;

3.

A structure displayed for sale purposes only when securely anchored to resist movement due to wind, flood or other factors;

4.

A structure placed on property owned by the village;

5.

A structure used as a construction office at a site where construction work is being carried on;

6.

A structure that complies with the Uniform Building Code, except for the attachment to a foundation, used for instruction at a school;

7.

A permanent membrane structure as permitted by the Uniform Building Code.

C.

Except as otherwise provided in subsection A of this section, in accordance with this section, the owner of a business duly registered in, and currently operating within the village limits of the Village of Los Lunas, may apply for a special permit with the village administrator or his designee to erect a temporary structure. The village administrator or his designee may grant the issuance of the special permit described herein to the business owner for a period of time not to exceed three months. Said permit may be renewed once during the calendar year in which the original special permit was issued for an additional three-month period. The special permit described herein may be issued to the applicant provided that the applicant can demonstrate that the proposed temporary structure will meet the following minimum criteria:

1.

The applicant is currently operating a duly registered business within the village limits of the Village of Los Lunas;

2.

The temporary structure has an area equal to or greater than one hundred square feet and may not exceed the total square footage of the building that the business occupies;

3.

The temporary structure is to be erected and used for the purpose of conducting a special promotion of like business in conjunction with and adjacent to the existing business of the applicant;

4.

The structure will be adequately secured to the ground so as to resist movement caused by wind, flood or other factors; and

5.

The placement of a temporary structure is not detrimental to the surrounding properties.

(Ord. 324 (part), 2005; Ord. 313 (part), 2004)

Short-term rentals shall be considered an accessory use in any residential zone, and shall be further regulated by the provisions of Chapter 17.54—Short-Term Rentals.

(Ord. No. 453, 10-8-2020)

A. The use, growth, production, processing, sale, transportation, and consumption of recreational cannabis is permitted within the exterior boundaries of the Village of Los Lunas as authorized by the New Mexico Cannabis Regulation Act and the Village of Los Lunas Municipal Code, in accordance with the table of permissible uses, this section and the provisions of Chapter 17.50—Recreational cannabis as follows:

B.

Cannabis establishments as defined in section 17.50.010 of the Los Lunas Municipal Code are permitted within or upon the grounds of a State licensed premises without limit on the number of licensees occupying a single premises; so long as the activity is located in a permissive zone or a zone requiring a designated use permit. However, no property with a zoning designation of special use on the effective date of this ordinance shall be considered to have any cannabis establishment or activity approved as a permissive use notwithstanding the table of permissible uses. An applicant seeking approval for a cannabis establishment within an area zoned special use shall abide by the provisions of 17.44.200—SU zone change procedures before a cannabis establishment is permitted to be located in a special use zone.

C.

Commercial cannabis activity as defined in section 17.50.010 of the Los Lunas Municipal Code is prohibited less than three hundred feet from the property line of a daycare center or school. The distance shall be measured from the property line of the daycare center or school to the closest controlled access area of the licensed premises where cannabis is to be grown, produced, processed, sold, or consumed.

D.

The following commercial cannabis activities or cannabis establishments, as defined in section 17.50.010 of the Municipal Code, shall not exceed a density of more than one state licensed premises per two thousand residents, as determined by the most recent population data published by the US Census Bureau:

1.

Cannabis testing laboratory.

2.

Cannabis manufacturer.

3.

Cannabis retailer.

4.

Cannabis consumption area with on-site retail.

5.

Cannabis research laboratory.

6.

Vertically integrated cannabis establishment.

7.

Integrated cannabis microbusiness.

(Ord. No. 461, 11-4-2021; Ord. No. 465, 11-17-2022)