Los Lunas City Zoning Code

This title contains supplementary standards that are applicable to specific types of land uses. Where the supplementary standards differ from regulations in other sections of this title, the provisions of this title shall prevail with the exception of the Main Street Overlay and approved area plans.

(Ord. No. 481, 1-30-2025)

A. Cluster Development.

1.

A cluster subdivision shall be limited to a planned residential development or planned unit development. The minimum gross site area required for a cluster development is two acres.

2.

The number of single-family detached dwelling units allowed in a cluster development shall be determined by dividing the gross site area by the minimum lot size permitted in the property's designated zone district and rounding to the nearest whole number.

3.

The cluster development shall include common space designated for landscaping, gardening, outdoor recreation activities, or a combination, for the use and benefit of the residents of the development.

4.

A minimum of thirty percent of the gross area, or one hundred percent of the area gained through lot size reductions, whichever is greater, shall be designated as common space.

5.

The common space shall have a minimum width of thirty feet.

6.

The cluster development and common space shall be designated on a site plan and subdivision plat with each dwelling on an individual lot and the common space on a separate lot.

7.

Maintenance of the common space shall be the sole responsibility of the HOA established as part of the cluster development.

B.

Group Home.

1.

This use shall be developed and maintained in compliance with all applicable local, state, and federal regulations.

2.

This use shall include halfway houses for persons currently receiving treatment in a recognized recovery program for addiction to alcohol or controlled substances, residential facilities for persons in the criminal justice system, or residential facilities to divert persons from the criminal justice system.

3.

A group home is prohibited within a half mile (two thousand six hundred forty feet) in any direction of a lot containing any other group home, community residential facility, daycare, or school, as measured from lot line to lot line.

4.

A group home shall be in a single-family dwelling and shall be limited to no more than five persons.

C.

Horizontal Multi-Family Detached.

1.

The minimum density in the R-4 zone is eight dwelling units per acre.

2.

The applicant shall submit a site plan showing the location of proposed dwelling units, accessory structures, setbacks, common spaces, lighting, landscape buffers, ingress, egress, the parking layout for residents and guests, and other items as required by the development plan application.

3.

All private roadways within the development shall conform to the regulations set forth in the village's development process manual.

4.

All horizontal multi-family detached developments shall be connected to municipal utility systems.

5.

Three types of developments are allowed:

i.

Prefabricated home park with mobile homes, modular homes, manufactured homes, or any combination thereof.

a.

No mobile home, manufactured home, or modular home shall be located within twenty feet of any other home. The units shall include a minimum setback of twenty feet from the right-of-way or easement line of any street and at least ten feet from any property or designated rental lot line of the prefabricated home park.

b.

Manufactured and modular homes shall be placed on permanent foundations.

c.

Mobile homes shall be skirted with a durable material stabilized and anchored in accordance with regulations promulgated by NMSA 1978 § 60-14, the Manufactured Housing Act.

d.

The minimum parcel acreage for prefabricated home parks shall be two acres.

e.

A site plan shall be submitted to, reviewed, and approved by the Development Review Committee.

ii.

Multiple site-built dwelling units.

a.

The minimum separation between dwelling units shall be ten feet.

b.

The minimum parcel acreage for multiple site built dwelling unit developments shall be three acres.

c.

A site plan shall be submitted to, reviewed, and approved by the development review committee.

iii.

Tiny houses.

a.

Tiny houses shall be no less than two hundred square feet and no more than four hundred square feet in gross floor area excluding loft space.

b.

Tiny houses may be constructed with or without a chassis but shall be placed on a permanent foundation with all axles removed and shall comply with the New Mexico Building Residential Codes, including Appendix AQ (Tiny Houses) of the IRC.

c.

Tiny houses constructed on a chassis with permanent axle(s) shall be considered recreational vehicles. They shall be regulated as such by the regulations of this title and be licensed as recreational vehicles so long as the axle remains in place.

d.

The minimum separation between dwelling units shall be seven feet.

e.

The minimum parcel acreage for tiny house developments shall be two acres.

f.

A site plan shall be submitted to, reviewed, and approved by the Development Review Committee.

D.

Planned Residential Development.

1.

This use requires a minimum of five acres (two hundred seventeen thousand eight hundred square feet).

2.

Uses allowed within a planned residential development include single-family detached dwellings, single-family attached dwellings, townhouses, multi-family dwellings, or a combination thereof.

3.

Where a planned residential development is adjacent to a lot that is zoned or developed for single-family detached use, only single-family detached dwelling units within the planned residential development shall be constructed along the shared property line.

E.

Planned Unit Development.

1.

This use requires a minimum of ten acres (four hundred thirty-five thousand six hundred square feet).

2.

Uses allowed within a planned unit development include single-family detached dwellings, single-family attached dwellings, townhouses, multi-family dwellings, or a combination thereof; neighborhood scale commercial retail and services that are primarily intended to serve the residents of the development are permitted.

3.

A planned unit development shall reserve a minimum of seventy-five percent of the development for residential use.

4.

A planned unit development shall indicate the portions of the development that are intended for each use, for example, single-family detached, multi-family attached, multi-family detached, and commercial.

F.

Supportive Housing.

1.

This use shall be developed and maintained in compliance with all applicable local, state, and federal regulations.

2.

This use shall not include persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program; it shall not include half-way houses for persons in the criminal justice system or residential facilities that divert persons from the criminal justice system.

3.

Supportive housing is prohibited within a half mile (two thousand six hundred forty feet) in any direction of a lot containing any other supportive housing, transitional housing, community residential facility, group home, daycare, or school, as measured from lot line to lot line.

4.

This use may be conducted in a facility, building, or structure other than a private residence that is designed for community living, with provisions for shared meals, common areas, and spaces for therapeutic activities or skill-building programs.

5.

This use shall provide appropriate private or semi-private sleeping quarters, with adequate space for residents' comfort and safety.

6.

This use is designed for long-term occupancy, the minimum length of stay shall be thirty days to prevent the use of these facilities as transient housing.

G.

Transitional Housing.

1.

This use shall be developed and maintained in compliance with all applicable local, state, and federal regulations.

2.

This use shall not include persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program; it may include half-way houses for persons in the criminal justice system or residential facilities that divert persons from the criminal justice system.

3.

A community residential facility is prohibited within a half mile (two thousand six hundred forty feet) in any direction of a lot containing any other supportive housing, transitional housing, community residential facility, group home, daycare, or school, as measured from lot line to lot line.

4.

This use may be conducted in a facility, building, or structure other than a private residence that is designed for community living, with provisions for shared meals, common areas, and spaces for therapeutic activities or skill-building programs.

5.

This use shall provide appropriate private or semi-private sleeping quarters, with adequate space for residents' comfort and safety.

6.

To ensure safety, security measures such as adequate lighting, secure entrances, and emergency preparedness protocols are required. Additionally, on-site supervision is needed, which may include on-call staff or a live-in manager to address residents' needs and maintain facility operations.

(Ord. No. 481, 1-30-2025)

A. Adult Entertainment or Adult Retail.

1.

Adult entertainment or adult retail uses are prohibited within one thousand feet (as measured from property line to property line) of the following:

i.

A residential zone district or lot containing any residential use.

ii.

A religious institution.

iii.

A public or private elementary, middle, or high school.

iv.

A public park or public recreation facility.

v.

A daycare facility.

vi.

Within one thousand feet in any direction of another premises containing an adult entertainment or adult retail use.

B.

Agricultural Livestock Keeping.

1.

The use shall comply with all applicable state, federal, and local regulations related to animal care and protection.

2.

This use is allowed in the A-R and R-R zones provided that the following requirements are met:

i.

The number of livestock shall not exceed one cow or horse for each ten thousand square feet of open lot area or one sheep, pig, or goat for each four thousand square feet of open lot area.

ii.

A minimum of four-square feet of coop area and eight square feet of run space of pervious surface area shall be provided for each poultry, and a minimum of twelve square feet of hutch area and twenty-eight square feet of run space of pervious surface area in an enclosed structure shall be provided for each rabbit.

iii.

Animals under four months old are not counted.

3.

Structures in excess of one hundred twenty square feet require a permit per Article VI of this title.

4.

The use may be operated outside of an enclosed structure. Animals shall be contained on the property by a wall, fence, or other enclosure.

5.

All animals shall be kept in such a manner that will not create a nuisance through the violation of the following regulations:

i.

No offensive noise, odor, or dust shall be produced.

ii.

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

C.

Bar or Nightclub.

1.

Alcohol sales for on-premises consumption shall comply with required distances from other uses or facilities as regulated under the Liquor Control Act and administered by the New Mexico Regulation and Licensing Department.

2.

Alcohol sales shall comply with the requirements of Title 5, Business Licenses and Regulations of the Los Lunas Municipal Code.

3.

For bars or nightclubs that operate a commercial kitchen, a refuse enclosure that includes a grease interceptor and floor drain connecting to the municipal sanitary sewer shall be provided.

D.

Cannabis Consumption Area.

1.

Cannabis consumption area, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a State licensed cannabis establishment 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, in accordance with Section 17.08.020, Allowable Uses.

2.

Cannabis smoking or vaporizing shall not be visible from the exterior of the cannabis establishment or public right-of-way and shall be within a designated smoking area in an enclosed building from which smoke does not infiltrate other indoor workplaces or other indoor or outdoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act.

i.

Commercial cannabis activity relating to consuming, smoking, or vaporizing cannabis shall be prohibited between the hours of nine p.m. and nine a.m. the following day.

ii.

Cannabis consumption areas or otherwise consuming, smoking, or vaporizing cannabis is prohibited in public and within or upon the grounds of village owned property.

iii.

Any combination of cannabis activity in addition to cannabis consumption listed in Section 17.08.020, Allowable Uses, may co-occur at the same establishment so long the zone designation for which the establishment is located allows for such uses permissibly or with an approved designed use permit and holds a state license to operate multiple uses.

iv.

Secure areas shall be separated from the general public to prevent unauthorized entry to storage, cultivation, production, manufacturing, research and testing, or processing areas.

3.

The wastage of any cannabis products shall be in strict compliance with NMAC § 16.8.2.

4.

Commercial cannabis establishments are 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 activity occurs.

5.

The total number of state-licensed cannabis establishments within the exterior boundaries of the Village of Los Lunas shall not exceed a density of more than one establishment per two thousand residents, as determined by the most recent decennial census published by the US Census Bureau.

6.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

7.

For other cannabis uses, refer to the following sections:

i.

17.10.030(E) Cannabis Retail.

ii.

17.10.050(B) Cannabis Cultivation/Production.

iii.

17.10.050(C) Cannabis Manufacturing.

iv.

17.10.050(D) Cannabis Research/Testing Laboratory.

v.

17.10.060(C) Cannabis Homegrown/Homemade.

E.

Cannabis Retail.

1.

Cannabis retail and transportation, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a State licensed cannabis establishment 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, in accordance with Section 17.08.020, Allowable Uses.

i.

Retail sales shall be conducted entirely within an enclosed building and shall not be visible from the exterior of the cannabis establishment or public right-of-way.

ii.

Commercial cannabis activity where retail sales of cannabis occur, must comply with the requirements of Village's stormwater quality and water rights requirements.

iii.

Commercial cannabis activity where retail sales occur, including, but not limited to, any lighting, plumbing, building, or electrical components, shall comply with current requirements in Title 15, Building and Construction, of the Los Lunas Municipal Code as it currently exists or is amended from time to time.

iv.

Commercial cannabis activity relating to transportation, couriering, and purchase for resale, sale, or consignment of cannabis products shall be prohibited between the hours of nine p.m. and nine a.m. the following day.

v.

The resale, sale, or consignment of cannabis shall not violate any other provisions of the Village of Los Lunas Municipal Code.

vi.

Any combination of cannabis activity in addition to cannabis retail, listed in Section 17.08.020, Allowable Uses, may co-occur at the same establishment so long the zone designation for which the establishment is located allows for such uses permissibly or with an approved designed use permit and holds a state license to operate multiple uses.

vii.

Secure areas shall be separated from the general public to prevent unauthorized entry to storage, cultivation, production, manufacturing, research and testing, or processing areas.

2.

The wastage of any cannabis products shall be in strict compliance with NMAC § 16.8.2.

3.

Commercial cannabis establishments are 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 activity occurs.

4.

The total number of state-licensed cannabis establishments within the exterior boundaries of the Village of Los Lunas shall not exceed a density of more than one establishment per two thousand residents, as determined by the most recent decennial census published by the US Census Bureau.

5.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

6.

For other cannabis uses, see the following sections:

i.

17.10.050(D) Cannabis Consumption Area.

ii.

17.10.050(B) Cannabis Cultivation or Production.

iii.

17.10.050(C) Cannabis Manufacturing.

iv.

17.10.050(D) Cannabis Research/Testing Laboratory.

v.

17.10.060(C) Cannabis Homegrown/Homemade.

F.

Car Wash.

1.

This use shall comply with the village's stormwater quality and water rights requirements.

2.

A car wash building and any associated outdoor activities, including vacuum stations, drying or polishing stations, and queuing lanes, shall maintain a minimum separation of fifty feet. This distance is measured from the nearest point of the car wash building or activity area to the nearest property line of any residential zone district or lot containing a residential use.

3.

A minimum of twelve stacking spaces shall be provided, as measured from the end of the queuing lane to the outside of the washing bay.

4.

Stacking lanes located adjacent to public rights-of-way shall be screened by vegetation.

G.

Contractor Yard, Light.

1.

Where this use is adjacent to a residential zone district or any lot containing a residential use there shall be a separation of two hundred feet as measured from property line to property line.

i.

In the C-1 zone district, the planning and zoning commission may waive or modify the separation requirement through the conditional use permit process, based on site-specific considerations.

2.

Where this use is adjacent to a residential zone district or any lot containing a residential use and the residential use does not contain an existing six-to-seven-foot opaque wall or fence, the facility shall provide a six-to-seven-foot opaque wall or fence on the property line.

3.

Temporary outdoor storage of vehicles, materials, tools, or equipment is permitted and shall comply with the following provisions:

i.

Storage shall not exceed twenty-five percent of the open lot area.

ii.

Storage shall be confined to the rear or side yard and setback a minimum of ten feet from the property line.

iii.

Storage shall not impede off-street parking requirements.

iv.

Storage shall be organized and maintained to avoid a cluttered or hazardous appearance.

v.

Storage of light vehicles and compact equipment such as pickup trucks, vans, utility trailers, small skid steers, mini-excavators, compact trenchers, or similar is permitted.

vi.

Storage of heavy vehicles such as dump trucks, backhoes, cement trucks, cranes, or similar is prohibited.

H.

Drive-In Theater.

1.

The theater screen shall be located a minimum of two hundred fifty feet from an arterial or highway and be oriented or shielded so that the screen may not be seen from the arterial or highway.

2.

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

3.

An opaque six-foot wall or fence shall be constructed on the property lines to limit vehicle light seepage into adjacent right-of-way or residential developments.

I.

Drive-Through Facility.

1.

For the purposes of this title, drive-through facility does not include motor vehicle fueling, service station, or car wash.

2.

Audible electronic devices, such as loudspeakers or service order devices, shall not be audible outside of the development's property line.

3.

A minimum fifty-foot separation shall be provided between a drive-through service window or order board and a residentially zoned property or a residential use.

4.

Each restaurant with a drive-through shall provide a minimum of twelve stacking spaces that do not impede or block pedestrian and vehicle circulation or parking.

5.

Each bank, pharmacy, retail store, or similar use with a drive-through shall provide a minimum of six stacking spaces that do not impede or block pedestrian and vehicle circulation or parking.

6.

Each stacking space shall be a minimum of twenty feet in length and shall be located in lanes leading up and adjacent to a drive-through service window.

7.

Where this use is adjacent to a residential zone district or any lot containing a residential use and the residential use does not contain an existing six-to-seven-foot opaque wall or fence, the drive-through facility shall provide a six-to-seven-foot opaque wall or fence on the property line.

8.

Where this use is adjacent to a residential zone district or any lot containing a residential use, the drive-through facility shall provide a minimum fifteen-foot landscaped buffer, as measured from the shared property line.

9.

Drive-through lanes located adjacent to public rights-of-way shall be screened by vegetation.

J.

Mobile Food Truck or Mobile Food Truck Court.

1.

Mobile food trucks shall comply with all local and State of New Mexico's Environmental Health standards and procedures.

2.

Mobile food trucks shall not park or vend from the public rights-of-way unless permitted through a special events permit.

3.

The operator of a mobile food truck shall secure written permission from the property owner, including their current contact information, telephone number and email, for the use of the property and shall store a copy of the document in the mobile food truck at all times.

4.

The operator of a mobile food truck shall provide and maintain access to trash receptacles and dispose of the trash on a daily basis after the mobile food truck has closed operations. Proper disposal of trash shall be in consultation with the public works department.

5.

The operator of a mobile food truck shall provide and maintain access to a grease trap in addition to the disposal in consultation with the public works department.

6.

All single mobile food trucks and those located within mobile food truck courts shall be placed as to maintain the clear sight triangle, sight distances, required parking, and adequate site circulation for pedestrians and vehicles. Separation between mobile food trucks, including associated vehicles, shall be a minimum of seven feet.

7.

Vehicles towing mobile food trucks (trailers) shall unhitch in order to maintain space management, site efficiency, and traffic flow.

8.

Commercial and industrial lots allowing single mobile food trucks to operate on-site shall comply with the following standards:

i.

The number of mobile food trucks allowed to operate on a commercial lot at one time shall be determined by the development review committee.

ii.

A site plan shall be submitted to, reviewed, and approved by the development review committee.

9.

Mobile food truck courts shall comply with the following standards:

i.

Generators are prohibited where more than five mobile food trucks are parked permanently or semi-permanently on a lot, in which case, electric pedestals shall be provided by the developer/owner of the mobile food truck court.

ii.

Where more than five mobile food trucks are parked permanently or semi-permanently on a lot, a site plan shall be submitted to, reviewed, and approved by the development review committee.

iii.

Mobile food truck courts on a premise greater than or equal to a half-acre (twenty-one thousand seven hundred eighty square feet) shall provide on-site accessible restroom facilities within a permanent structure available to customers and food truck operators.

K.

Motor Vehicle Fueling and Service Station.

1.

This use shall comply with the village's stormwater quality requirements and water rights requirements.

2.

No inoperable vehicles shall be stored outside a building at any time.

3.

No heavy vehicles shall park overnight or be stored outside a building at any time.

4.

All under-canopy lighting shall be recessed so that no light lens projects below the ceiling canopy and the canopy fascia shall not be internally illuminated.

5.

A minimum fifty-foot separation shall be provided between parking, fueling pumps, structures, and a residentially zoned property or a residential use.

L.

Restaurant.

1.

This use shall comply with all local and State of New Mexico's Environmental Health standards and procedures.

2.

Alcohol sales for on-premises consumption shall comply with required distances from other uses or facilities as regulated under the Liquor Control Act and administered by the New Mexico Regulation and Licensing Department.

3.

Alcohol sales shall comply with the requirements of Title 5, Business Licenses and Regulations of the Los Lunas Municipal Code.

4.

A refuse enclosure that includes a grease trap or interceptor shall be provided by the operator as applicable in consultation with the public works department.

M.

Self-Storage Facility

1.

All storage shall be within a fully enclosed building, apart from motor vehicles and recreational vehicles.

2.

Where this use is adjacent to a residential zone district or any lot containing a residential use and the residential use does not contain an existing six-to-seven-foot opaque wall or fence, the self-storage facility shall provide a six-to-seven-foot opaque wall or fence on the property line.

3.

Where this use is adjacent to a residential zone district or any lot containing a residential use, the self-storage facility shall provide a minimum fifteen-foot landscaped buffer, as measured from the shared property line.

4.

Where this use is adjacent to a residential zone district or any lot containing a residential use, access to the self-storage facility is prohibited between the hours of ten p.m. and seven a.m.

5.

Internal lighting within a self-storage facility shall be extinguished between the hours of ten p.m. and six a.m. unless operated by a timed motion sensor.

N.

Veterinary Clinic or Hospital.

1.

An outdoor animal kennel is permitted as an incidental use to the primary use of veterinary clinic or hospital, provided they are enclosed by a six-foot opaque wall or fence.

2.

Animals are prohibited from staying outdoors overnight.

3.

All animals shall be kept in such a manner that will not create a nuisance through the violation of the following regulations:

i.

No offensive noise, odor, or dust shall be produced.

ii.

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

(Ord. No. 481, 1-30-2025)

A. Community Residential Facility.

1.

This use shall be developed and maintained in compliance with all applicable local, state, and federal regulations.

2.

This use shall not include persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program; it shall not include half-way houses for persons in the criminal justice system or residential facilities that divert persons from the criminal justice system.

3.

A community residential facility is prohibited within a half mile (2,640 feet) in any direction of a lot containing any other supportive housing, transitional housing, community residential facility, group home, daycare, or school, as measured from lot line to lot line.

4.

This use may be conducted in a facility, building, or structure other than a private residence that is designed for community living, with provisions for shared meals, common areas, and spaces for therapeutic activities or skill-building programs.

B.

Hospital or Major Medical Clinic.

1.

Hospitals and major medical clinics, which may include skilled nursing care, acute care, specialty care, surgery centers, and similar shall comply with the following provisions.

i.

The minimum lot size shall be two acres regardless of the minimum lot size requirement for the designated zoning district on the property.

ii.

No primary or accessory structure shall be located within twenty feet of the property lot line.

iii.

Where adjacent to a residentially zoned property or a residential use, an opaque seven-foot wall or fence shall be provided by the hospital or major medical clinic on the subject property.

iv.

Heliports are allowed as an incidental use for hospital and major medical clinic uses.

v.

A development shall be adjacent to and have access from an arterial or collector road.

C.

Overnight Shelter.

1.

An overnight shelter is prohibited within a half mile (two thousand six hundred forty feet) in any direction of a lot containing any other overnight shelter, daycare, school, public park, or public recreation center as measured from lot line to lot line.

2.

This development shall be conducted within a fully enclosed building.

3.

The development shall have a minimum of fifteen square feet of habitable space per individual and include sanitary facilities.

D.

Religious Institution.

1.

Incidental uses, including but not limited to recreation, education, retail sales, and services are allowed onsite provided the following requirements are met:

i.

All incidental uses shall be operated by the religious institution.

ii.

All incidental uses shall comply with applicable federal, state, and local laws and regulations.

iii.

All incidental uses shall comply with any applicable supplementary standards.

(Ord. No. 481, 1-30-2025)

A. Brewery, Winery, or Distillery Which May Include a Tap/Tasting Room.

1.

This use requires a small brewer's license per NMSA 1978 § 60-6A-26.1, an approved winegrower's license per NMSA 1978 § 60-6A-11, or an approved craft distiller's license per NMSA 1978 § 60-6A-6.1 where beer, wine, or spirits are available for on-site consumption.

2.

Brewery, winery, or distillery operations shall comply with the requirements of Title 5, Business Licenses and Regulations of the Los Lunas Municipal Code.

3.

Brewery, winery, or distillery operations shall be conducted within a fully enclosed portion of a building.

4.

A tap/taste room use allows for on-site consumption, including an outdoor patio, of beer, wine, or spirits.

B.

Cannabis Cultivation/Production.

1.

Cannabis cultivation, production, and transportation, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a state licensed cannabis establishment 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, in accordance with Section 17.08.020, Allowable Uses.

i.

Cannabis cultivation or production shall be conducted entirely within an enclosed primary building, accessory building, or accessory structure such as a greenhouse or similar and shall not be visible from the exterior or public right-of-way. Cultivation or production areas must be secured by lock and key or other security devices which prevent unauthorized entry. Open-air cultivation or production is prohibited.

ii.

Commercial cannabis activity where cultivation or production of cannabis occurs must comply with the village's stormwater quality and water rights requirements.

iii.

Commercial cannabis activity where cultivation or production, including but not limited to, any lighting, plumbing, building, or electrical components used for cultivation, shall comply with current requirements in Title 15, Building and Construction, of the Los Lunas Municipal Code as it currently exists or is amended from time to time.

iv.

Commercial cannabis activity relating to transportation, couriering, and purchase for resale, sale, or consignment of cannabis products shall be prohibited between the hours of nine p.m. and nine a.m. the following day.

v.

The resale, sale, or consignment of cannabis shall not violate any other provisions of the Village of Los Lunas Municipal Code.

vi.

Any combination of cannabis activity in addition to cannabis retail, listed in Section 17.08.020, Allowable Uses, may co-occur at the same establishment so long the zone designation for which the establishment is located allows for such uses permissibly or with an approved designed use permit and holds a state license to operate multiple uses.

vii.

Secure areas shall be separated from the general public to prevent unauthorized entry to storage, cultivation, production, manufacturing, research and testing, or processing areas.

2.

The wastage of any cannabis products shall be in strict compliance with NMAC § 16.8.2.

3.

Commercial cannabis establishments are 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 activity occurs.

4.

The total number of state-licensed cannabis establishments within the exterior boundaries of the Village of Los Lunas shall not exceed a density of more than one establishment per two thousand residents, as determined by the most recent decennial census published by the US Census Bureau.

5.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

6.

For other cannabis uses, refer to the following sections:

i.

17.10.030(E) Cannabis Retail.

ii.

17.10.050(D) Cannabis Consumption Area.

iii.

17.10.050(C) Cannabis Manufacturing.

iv.

17.10.050(D) Cannabis Research/Testing Laboratory.

v.

17.10.060(C) Cannabis Homegrown/Homemade.

C.

Cannabis Manufacturing.

1.

Cannabis manufacturing, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a state licensed cannabis establishment 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, in accordance with Section 17.08.020, Allowable Uses.

i.

Cannabis manufacturing shall be conducted entirely within an enclosed primary building, accessory building, or accessory structure such as a greenhouse or similar and shall not be visible from the exterior or public right-of-way. Manufacturing areas must be secured by lock and key or other security devices which prevent unauthorized entry. Open-air cultivation or production is prohibited.

ii.

Commercial cannabis activity where manufacturing of cannabis occurs must comply with the village's stormwater quality and water rights requirements.

iii.

Commercial cannabis activity where manufacturing, including but not limited to, any lighting, plumbing, building, or electrical components used for cultivation, must comply with current requirements in Title 15, Building and Construction, of the Los Lunas Municipal Code as it currently exists or is amended from time to time.

iv.

Commercial cannabis activity relating to transportation, couriering, and purchase for resale, sale, or consignment of cannabis products shall be prohibited between the hours of nine p.m. and nine a.m. the following day.

v.

The resale, sale, or consignment of cannabis shall not violate any other provisions of the Village of Los Lunas Municipal Code.

vi.

Any combination of cannabis activity in addition to cannabis manufacturing, listed in Section 17.08.020 Allowable Uses, may co-occur at the same establishment so long the zone designation for which the establishment is located allows for such uses permissibly or with an approved designed use Permit and holds a state license to operate multiple uses.

vii.

Secure areas shall be separated from the general public to prevent unauthorized entry to storage, cultivation, production, manufacturing, research and testing, or processing areas.

2.

The wastage of any cannabis products shall be in strict compliance with NMAC § 16.8.2.

3.

Commercial cannabis establishments are 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 activity occurs.

4.

The total number of state licensed cannabis establishments within the exterior boundaries of the Village of Los Lunas shall not exceed a density of more than one establishment per two thousand residents, as determined by the most recent decennial census published by the US Census Bureau.

5.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

6.

For other cannabis uses, refer to the following sections:

i.

17.10.030(E) Cannabis Retail.

ii.

17.10.050(D) Cannabis Consumption Area.

iii.

17.10.050(B) Cannabis Cultivation/Production.

iv.

17.10.050(D) Cannabis Research/Testing Laboratory.

v.

17.10.060(C) Cannabis Homegrown/Homemade.

D.

Cannabis Research/Testing Laboratory.

1.

Cannabis research and testing laboratory, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a state licensed cannabis establishment 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, in accordance with Section 17.08.020, Allowable Uses.

i.

Cannabis research and testing shall be conducted entirely within an enclosed primary building, accessory building, or accessory structure such as a greenhouse or similar and shall not be visible from the exterior or public right-of-way. Research and testing areas must be secured by lock and key or other security devices which prevent unauthorized entry. Open-air cultivation or production is prohibited.

ii.

Commercial cannabis activity where research and testing of cannabis occurs must comply with the village's stormwater quality and water rights requirements.

iii.

Commercial cannabis activity where research and testing, including, but not limited to, any lighting, plumbing, building, or electrical components used for cultivation, must comply with current requirements in Title 15, Building and Construction, of the Los Lunas Municipal Code as it currently exists or is amended from time to time.

iv.

Commercial cannabis activity relating to transportation, couriering, and purchase for resale, sale, or consignment of cannabis products shall be prohibited between the hours of nine p.m. and nine a.m. the following day.

v.

The resale, sale, or consignment of cannabis shall not violate any other provisions of the Village of Los Lunas Municipal Code.

vi.

Any combination of cannabis activity in addition to cannabis research and testing, listed in Section 17.08.020, Allowable Uses, may co-occur at the same establishment so long the zone designation for which the establishment is located allows for such uses permissibly or with an approved designed use permit and holds a state license to operate multiple uses.

vii.

Secure areas shall be separated from the general public to prevent unauthorized entry to storage, cultivation, production, manufacturing, research and testing, or processing areas.

2.

The wastage of any cannabis products shall be in strict compliance with NMAC § 16.8.2.

3.

Commercial cannabis establishments are 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 activity occurs.

4.

The total number of state-licensed cannabis establishments within the exterior boundaries of the Village of Los Lunas shall not exceed a density of more than one establishment per two thousand residents, as determined by the most recent decennial census published by the US Census Bureau.

5.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

6.

For other Cannabis uses, refer to the following sections:

i.

17.10.030(E) Cannabis Retail.

ii.

17.10.050(D) Cannabis Consumption Area.

iii.

17.10.050(B) Cannabis Cultivation/Production.

iv.

17.10.050(C) Cannabis Manufacturing.

v.

17.10.060(C) Cannabis Homegrown/Homemade.

E.

Contractor Yard, Heavy.

1.

Where this use is in close proximity to a residential zone district or any lot containing a residential use there shall be a separation of four hundred feet as measured from property line to property line.

2.

All outdoor storage shall be screened by a seven-foot opaque wall or fence along the property lines.

3.

Temporary outdoor storage of vehicles, materials, tools, or equipment is permitted and shall comply with the following provisions:

i.

Storage shall be confined to the rear or side yard and setback a minimum of twenty feet from the property line. The height of any items or materials stored outside shall not exceed the height of any screening wall or fence unless the item is setback a minimum of one hundred feet into the property as measured from the lot line

ii.

Storage shall not impede off-street parking requirements.

iii.

Bulk storage areas for sand, gravel, or similar materials shall implement measures to minimize airborne particulate matter.

iv.

Storage shall be organized and maintained to avoid a cluttered or hazardous appearance.

F.

Data Center.

1.

Building and structure maximums shall comply with the following provisions:

i.

Within an M-1 or M-2 zone district, no maximum square footage is imposed on primary buildings, accessory structures, or associated infrastructure support equipment.

ii.

Within a C-2 zone district, the maximum primary building size is limited to thirty thousand square feet. The maximum size of accessory structures and associated infrastructure support equipment shall be determined on a per-case basis by the development review committee.

iii.

All primary buildings, accessory structures, and infrastructure support equipment must comply with the height restrictions of the respective zone district.

2.

Where this use is in close proximity to a residential zone or any lot containing a residential use (other than a caretaker's unit), a minimum separation of two hundred feet is required between uses as measured from property line to property line.

3.

Building façades facing public rights-of-way shall incorporate architectural variation every two hundred feet to prevent long, unbroken surfaces, which may include changes in building material, pattern, texture, color, projection, or recess in the building plane.

i.

The main entrance to the primary building(s) shall be distinct from other building features by incorporating at least one of the following:

a.

A change in building material, pattern, texture, or color.

b.

A projection or recession from the adjacent building plane to create a visible entrance.

4.

To support a cohesive community aesthetic, all incidental materials and/or associated infrastructure support equipment such as electric power, cooling systems, accessory structures, wireless transmission facilities, or similar shall comply with the following provisions where feasible.

i.

Infrastructure support equipment shall be architecturally integrated with the building design to the maximum extent.

ii.

Ground-mounted infrastructure support equipment visible from the public right-of-way shall be screened by landscaping and/or an opaque seven-foot wall.

a.

When infrastructure support equipment is setback two hundred feet or more from the property line, the aforementioned screening requirements are waived.

iii.

An appropriately sized roof screen shall screen roof-mounted infrastructure support equipment if it does not meet the requirements of Section 17.10.050(F)(4)(i).

iv.

Temporary outdoor storage of incidental materials onsite shall not exceed the height of any required screening.

a.

Storage exceeding the height of the screening wall or fence is permitted so long the materials are set back at least one hundred feet from any lot line, ensuring that visual impacts on neighboring properties are minimized.

G.

Energy Storage System.

1.

Building and structure maximums shall comply with the following provisions:

i.

Within a C-2 zone district, the maximum size of the energy storage system in whole or in aggregate is limited to ten thousand square feet. The maximum size of accessory structures and associated infrastructure support equipment shall be determined on a per-case basis by the development review committee.

ii.

Within an M-1 or M-2 zone district, no maximum square footage is imposed on primary buildings, accessory structures, or associated infrastructure support equipment.

iii.

All primary buildings, accessory structures, and infrastructure support equipment must comply with the height restrictions of the respective zone district.

2.

Lot size minimums and maximums shall comply with the following provisions:

i.

Within a C-2 zone district, the lot size minimum shall be no less than one acre, and the maximum shall be no more than 5 acres.

ii.

Within an M-1 or M-2 zone district, the lot size minimum shall be no less than one acre, and no maximum acreage is imposed.

3.

Where this use is adjacent to a residential zone or any lot containing a residential use (other than a caretaker's unit), a minimum separation of two hundred feet is required between uses as measured from property line to property line.

4.

Energy storage system units and/or infrastructure support equipment shall be setback a minimum of fifty feet from all lot lines.

5.

The energy storage facility shall incorporate an internal roadway compliant with the development process manual that encircles the facility.

6.

An opaque eight-foot wall shall enclose the energy storage system on all sides and shall be set back 15 feet from the property line. The wall shall incorporate a locked access gate.

7.

Within a C-2 zone district, the fifteen-foot setback shall incorporate a landscape buffer comprised of a mix of deciduous and evergreen trees planted twenty-five feet on-center. A minimum of thirty-five percent of the required trees shall be evergreen. The trees shall have a minimum planting size of eight feet and a mature minimum height of twenty feet.

H.

Outdoor Storage.

1.

All outdoor storage shall be screened by a seven-foot opaque wall or fence along the property lines.

2.

The height of any items or materials stored outside shall not exceed the height of any screening wall or fence unless the item is setback a minimum of one hundred feet into the property as measured from the lot line.

I.

Salvage Yard.

1.

This use shall be conducted in an enclosed building or shall be enclosed by an opaque ten-foot wall or fence.

2.

The stacking height of inoperable motor vehicle bodies, salvaged materials, or portions thereof shall not exceed the height of the required opaque wall or fence.

3.

This use shall comply with the village's stormwater quality requirements.

4.

This use shall capture and appropriately dispose of toxic materials such as oil, fuel, antifreeze, and similar.

J.

Truck Stop or Heavy Vehicle Fueling.

1.

Overnight parking shall be permitted only in established parking spots in a designated area.

2.

This use is permitted only where the lot is adjacent to an arterial street.

3.

All areas of the lot that is not dedicated to building pads, landscaping, or ponding areas shall be paved.

4.

All maintenance and repair work to trucks shall be done within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or materials related to the maintenance and repair is prohibited.

5.

A truck stop shall have sanitary facilities that are connected to the municipal water and sewer systems.

K.

Wireless Telecommunication Facility.

1.

No cellular antenna or tower shall be located within five hundred feet of any residentially zoned property, or any residential dwelling unit as measured from the residential lot line to the cellular antenna or tower structure.

2.

This use shall be screened by camouflaging, landscaping, earthen berms, or an opaque wall or fence, depending on site conditions.

3.

The minimum setback for a cellular antenna or tower shall be equal to the maximum height of the antenna/tower.

4.

Antennas or towers shall be located to avoid blocking a significant view.

5.

The maximum size of an equipment storage shelter shall not exceed four hundred fifty square feet.

6.

Any modifications to the antenna, tower, storage shelter, or associated equipment require a development plan application.

i.

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 Federal Communications Commission (FCC) of intent to cease operations. Within thirty days of ceasing operations, the abandoned facilities shall be removed.

(Ord. No. 481, 1-30-2025)

A. Accessory Dwelling Unit.

1.

Only one accessory dwelling is permitted per lot.

2.

Accessory dwelling units shall not exceed forty percent of the gross floor area of the primary dwelling unit and are capped at a maximum size of one thousand square feet.

3.

The setback requirements for accessory dwelling units are the same as the overall setback requirements of the designated zone of the property.

4.

Where an accessory dwelling unit is detached; it shall be no taller than the primary dwelling unit on the property.

5.

An accessory dwelling unit may be detached, attached to or above a garage, or attached to or above a primary unit.

6.

Access to the accessory dwelling unit through the primary dwelling unit structure is prohibited. Pedestrian access to an accessory dwelling unit shall be independent from the primary dwelling.

7.

For non-fire rated structures, the accessory unit shall maintain a minimum separation of seven feet between the accessory dwelling unit (ADU) and the primary structure.

8.

No additional off-street parking is required for accessory dwelling units.

9.

Accessory dwelling units may be rented and/or occupied by persons unrelated to the occupants of the primary dwelling unit.

B.

Accessory Structure.

1.

Accessory structures are only allowed in the buildable area of all zones, unless otherwise permitted in this section.

2.

Accessory structures in any residential zone may be located within the buildable area in the rear or side yard and shall be placed no closer than seven feet from the primary building or another accessory structure.

3.

Detached private garages and carports shall be allowed to be located less than seven feet from the primary building, provided applicable fire and building codes are met.

4.

Detached accessory structures shall be allowed to occupy up to thirty percent of the rear or side setbacks and placed no closer than one foot from a property line, provided they are not used for dwelling purposes.

5.

Open, unenclosed porches may encroach two hundred square feet into the required rear or side setback and no closer than three feet from a property line.

6.

Swimming pools shall be placed no closer than five feet from the primary building or another accessory structure and may be placed within a rear or side setback provided the placement meets the standards outlined in Section 17.10.060(B) of this title. Swimming pools shall comply with the provisions outlined in NMAC § 14.7.3.25, as amended from time to time.

7.

On a residentially zoned property or a property with a primary residential use, motor vehicles, trailers, shipping containers, and mobile homes are prohibited as an accessory structure or use, whether for storage or otherwise.

8.

On an agricultural, commercial, or industrially zoned property with a primary agricultural, commercial, or industrial use, motor vehicles and trailers may be used temporarily as short-term storage for loading, unloading, or transporting of goods. Motor vehicles or trailers are prohibited from being used exclusively for long-term storage or as a permanent accessory structure.

C.

Cannabis Homegrown/Homemade.

1.

Cannabis homegrown and homemade, as defined and authorized by NMSA 1978 § 26-2C, is permitted within a single private residence, or inside an accessory structure located on the grounds of a private residence, and shall be in strict compliance with the following requirements:

i.

Possessing, planting, cultivating, harvesting, drying, manufacturing cannabis products, or transporting not more than six mature cannabis plants and six immature cannabis plants per person; provided that despite a household having multiple residents, no more than twelve mature cannabis plants may be present in one household; and provided further that if the person does not exceed the maximum number of cannabis plants, the person may possess the cannabis produced by the cannabis plants notwithstanding any weight limits and shall be stored in such a manner not to be visible from public view.

ii.

Cannabis cultivation is permitted within a private residence and shall not be visible from the exterior of that residence. In addition, cannabis cultivation is permitted within a fully enclosed accessory structure within the rear or side yard of a private residence such as a greenhouse, shed, or similar. Cultivation areas must be secured by lock and key or other security devices which prevent unauthorized entry and shall not be visible from a public right-of-way. Open-air cannabis cultivation is not permitted.

iii.

Obtaining or manufacturing cannabis extract using nonvolatile solvents, alcohol or carbon dioxide, or no solvents is permitted.

iv.

Cannabis cultivation, including, but not limited to, any lighting, plumbing, building, or electrical components used for cultivation, must comply with current requirements in Title 15, Building and Construction, of the Los Lunas Municipal Code as it currently exists or is amended from time to time.

v.

The dwelling unit shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms may not be used for cannabis cultivation where cultivation will prevent their primary use for cooking meals, sleeping, and bathing. Chemicals used for cannabis cultivation shall not be stored inside habitable areas of the residence or within public view from neighboring properties or public right-of-way.

vi.

Consumption of cannabis, whether smoking, vaporizing, or ingesting, is permitted within or upon the grounds of a private residence pursuant to the Dee Johnson Clean Indoor Air Act.

vii.

Cultivation of cannabis shall not violate any other provisions of the Village of Los Lunas Municipal Code.

2.

See Section 17.14.020(E)(5) for recreational cannabis permit regulations.

3.

For other cannabis uses, refer to the following sections:

i.

17.10.030(E) Cannabis Retail.

ii.

17.10.050(D) Cannabis Consumption Area.

iii.

17.10.050(B) Cannabis Cultivation and Production.

iv.

17.10.050(C) Cannabis Manufacturing.

v.

17.10.050(D) Cannabis Research/Testing Laboratory.

D.

Carports, Residential.

1.

Carports placed in the front portion of a property between the front of the house and the street shall conform to the following requirements:

i.

Carports shall not extend into any clear sight triangle.

ii.

Carports shall be unenclosed on three or more sides, and at a minimum, shall be seventy-five percent open.

iii.

Square footage for carports shall be limited to between one hundred twenty and six hundred square feet.

iv.

The total area of the carport shall not exceed forty percent of the front yard setback.

v.

The maximum height of the carport shall not exceed the height of the primary structure.

vi.

Carports are prohibited in the front yard setback in the TOD-MU and TOD-R zone districts.

E.

Garage Sales.

1.

Garage sales or similar shall not be conducted on the same lot or parcel for more than six days a month.

2.

Posted signs shall comply with Section 17.12.050.

F.

Home Occupation.

1.

A home occupation requires the initial approval of a business registration and home occupation permit by the community development department prior to the commencement of occupational activities.

2.

A home occupation requires the renewal of a business registration and home occupation permit by the community development department on an annual basis.

3.

Only members of the residing family shall be engaged in work at the home occupation.

4.

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 greater than twenty-five percent of the floor area of the dwelling unit shall be devoted to the home occupation.

5.

A home occupation shall maintain an outward residential appearance, except for a sign as permitted by Section 17.12.050.

6.

No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. Any parking needs generated by the home occupation shall be met off-street in the driveway or garage of the home occupation and not in a front yard or sidewalk.

7.

No equipment or process shall be used that creates noise, vibration, glare, fumes, or odors.

i.

See Section 9.08.060 of the Village of Los Lunas Municipal Code.

8.

Only goods and services created or provided on the premises may be sold on the premises.

9.

All commercial business activities shall be conducted in the dwelling unit or a permissive accessory structure and shall not disrupt the residential nature of the residential zone district.

10.

The following uses and activities are prohibited as home occupations:

i.

Any uses allowed under the industrial use category.

ii.

Any uses allowed under the motor vehicle related category.

iii.

Any uses involved in the manufacturing, storage, or use of hazardous materials.

iv.

Cannabis retail, consumption area, commercial cultivation or production, manufacturing, or research/testing laboratory.

v.

Construction contractor facility and yard.

vi.

Crematorium or mortuary.

vii.

Federal firearms license (Type 2, 6, 7, 9, 10, and 11).

viii.

On-premises retail sales.

ix.

Pawn shop or pawnbroker.

x.

Restaurants.

xi.

Veterinary clinic or hospital.

xii.

Occupations similar to those listed above as determined by the community development director.

11.

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

i.

Beauty salons, nail salons, or barber shops.

ii.

Carpenter workshops.

iii.

Daycare home.

a.

The operator of the daycare home shall obtain and at all times maintain a current state permit or license required for the operation of this use.

b.

Only members of the household may provide care at a daycare home.

c.

Any outdoor play areas shall be enclosed by a six-foot opaque wall or fence.

iv.

Federal firearms license (Type 1, 3, and 8).

v.

Furniture repair workshops.

vi.

Home-made food preparation for direct sale.

vii.

Wrought iron workshops.

viii.

Occupations similar to those listed above as determined by the community development director.

G.

Poultry and Livestock Keeping, Residential.

1.

On residentially zoned properties other than A-R and R-R zones, only poultry is permitted, and the number of poultry shall not exceed six per property.

2.

This use is allowed in the A-R and R-R zones provided that the following requirements are met:

i.

The number of livestock shall not exceed one cow or horse for each ten thousand square feet of open lot area or one sheep, pig, or goat for each four thousand square feet of open lot area.

ii.

A minimum of twelve square feet of hutch area and twenty-eight square feet of run space of pervious surface area in an enclosed structure shall be provided for each rabbit.

iii.

A minimum of four-square feet of coop area and eight square feet of run space of pervious surface area in an enclosed structure shall be provided for each poultry, except for A-R and R-R zones, an enclosed structure is not required.

iv.

Structures in excess of one hundred twenty square feet shall require a development plan application.

v.

Roosters shall not be permitted on properties not specifically zoned for the keeping of livestock.

3.

All poultry shall be kept in such a manner that will not create a nuisance through the violation of the following regulations:

i.

No offensive noise, odor, or dust shall be produced.

ii.

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

iii.

Poultry shall be contained on the property by a wall, fence, or enclosure.

H.

Recreational Vehicle Storage.

1.

The storage of recreational vehicles (RVs) is allowed only in the rear yard or side yard of a residentially zoned property or a property with a residential use. No more than two RVs are allowed to be stored on site at any time.

2.

RVs shall not be connected to municipal utilities and shall not discharge any materials or liquids.

3.

RVs shall remain unoccupied during storage.

I.

Short-Term Rental.

1.

Short-term rental - general provisions.

i.

Short-term rental permits shall not be issued for more than two short-term rentals units directly adjoining each other on a residentially zoned street. For the purposes of this subsection, "directly adjoining" means sharing a common boundary along a public street frontage, as well as adjoining units in a duplex, multi-family townhouses, or multi-family apartments.

ii.

Off-street parking shall comply with Section 17.12.010(C).

iii.

Short-term rental units shall be used exclusively for residential purposes and shall not be used for commercial activities or events, for the purposes of this subsection, defined as intending to make money, offering goods or services for sale, or any other event or activity that is not residential in nature. An activity "not residential in nature" includes gatherings in excess of three times the number of legally allowed occupants in the short-term rental unit (including renters), unless the activity or event is otherwise permitted by the village.

iv.

The total number of persons three years of age and older that may occupy the short-term rental unit is two times the number of legal bedrooms.

v.

Nothing contained within the short-term rental regulations shall be construed to abridge the ability of an HOA's Covenants Conditions and Restrictions (CC&Rs) or deed restrictions to be more restrictive than the regulations within this section. Such CC&Rs and deed restrictions shall not be enforceable by the village but remain the responsibility of property owners to ensure compliance within the applicable neighborhood. Real estate brokers listing residential property in the village shall provide prospective buyers with a current copy of Section 17.10.060(I).

2.

Short-term rental - owner/operator provisions.

i.

The owner/operator shall obtain a short-term rental permit and business registration for their property prior to listing the property as a short-term rental.

ii.

The owner/operator shall pay all applicable local, state and federal taxes, such as lodgers' tax, gross receipts tax, and income taxes.

iii.

Should the owner/operator fail to pay all applicable taxes, the owner/operator shall be subject to penalties pursuant to Section 17.14.050(E).

iv.

The owner/operator shall make available to the village for its inspection all records relating to the operation of the short-term rental unit to determine compliance with Section 17.10.060(I).

v.

The owner shall maintain adequate short-term rental insurance coverage for the short-term rental unit. Proof of insurance shall be required at the time the permit is issued and may be requested at any time by the community development director or their designee.

vi.

The owner/operator shall make the following information clearly visible and legible within the short-term rental unit, on or adjacent to the interior of the front door, or within the informational material provided to renters:

a.

A copy of the short-term rental permit.

b.

The name of the property owner, local contact person, managing agency, agent, or property manager as appropriate, and a telephone number at which that party can be reached on a twenty-four-hour, seven day a week basis.

c.

The maximum number of occupants three years of age and older permitted to stay in the unit.

d.

The maximum number of vehicles allowed to be parked on the property.

e.

The number of on-site parking spaces and any parking rules that may apply.

f.

The specific procedures regarding the disposal of trash and refuse.

g.

A notification that it is the renter's responsibility to comply with the laws of the State of New Mexico and this title, including but not limited to Title 8, Health and Safety, and Title 9, Public Peace, Morals and Welfare.

h.

Notice that the noise provisions of the Village of Los Lunas Municipal Code will be enforced.

i.

Notice that animal leash laws of the village apply and will be enforced.

j.

The E911 address for the property.

vii.

Except as allowed and in accordance with Section 17.12.050, the owner/operator is prohibited from posting any exterior signage advertising the availability of the property.

viii.

Upon the transfer of ownership of a short-term rental unit, the short-term rental permit shall terminate. If the new owner wishes to use the property as a short-term rental unit, a new application shall be submitted to the community development department.

ix.

As a condition of the issuance of a short-term rental permit to an owner/operator, the owner/operator consents to the community development department conducting random inspections of the property, including the dwelling unit, to ensure compliance with Section 17.10.060(I).

3.

Short-term rental - renter provisions.

i.

Renters shall park recreational vehicles only in designed areas supplied on the short-term rental property and in compliance with all other recreational vehicle provisions within this title.

ii.

Noise or other disturbance outside the short-term rental unit shall not be of such a volume or nature that it violates Chapter 9.08 including, yard areas, decks, courtyards, porches, balconies, patios, or similar.

iii.

All renters shall be informed in writing by the owner/operator of the short-term rental that they shall comply with Los Lunas Municipal Code, as provided in Section 17.10.060(I)(2)(vi).

4.

Short-term rental - short-term rental platform provisions.

i.

Short-term rental platforms shall furnish a list of short-term rentals currently operating within the Village of Los Lunas municipal limits at any time and at no cost as requested by the community development director or their designee.

ii.

Short-term rental platforms shall require their users to register with the Village of Los Lunas Community Development Department prior to authorizing a property for rental.

iii.

Short-term rental platforms shall require users to post their Village of Los Lunas Short-term Rental Permit number in a conspicuous place on the listing.

iv.

Short-term rental platforms shall require users to maintain an active and in good standing Village of Los Lunas Short-term Rental Permit.

A. Film Production.

1.

The operator of the film production shall acquire and maintain a filming permit for this use.

2.

Film production shall not exceed a total of sixty days on any property within a one hundred eighty-day period.

3.

Noise, glare, or light spillage off the property from the film production between the hours of ten p.m. and 7:00 a.m. shall be prohibited, unless provisions are specifically approved by the filming permit.

B.

Real Estate Office or Model Home.

1.

A development plan application and sign permit shall be submitted, reviewed, and approved prior to the commencement of the use.

2.

This use shall be limited to no more than thirty calendar days prior to site construction and may continue until no more than thirty calendar days after the construction of the last dwelling unit.

3.

If project construction has ceased for a period of one hundred eighty days days or more, the structure containing this use shall be removed unless an extension is granted by the community development director based on an anticipated construction restart date.

C.

Temporary Dwelling.

1.

No more than one temporary dwelling is permitted on the same lot as a primary structure during temporary events, such as friends and family accommodation, construction, emergency, or disaster, natural, or otherwise and occupied only by persons authorized by the property owner, including friends, family, or persons having construction or security responsibilities over such site.

2.

The number of occupants shall conform to the number of adequate beds contained within the temporary dwelling.

3.

An approved temporary dwelling permit shall be required prior to the placement of the temporary dwelling.

4.

A temporary dwelling shall be enclosed and may include a recreational vehicle or similar but shall not include temporary structures such as tents, canopies, screen houses, and similar.

5.

Temporary dwellings shall not be connected to the municipal utility systems and shall not discharge any materials or liquids.

6.

Recreational vehicles shall be road-ready at all times and shall not be placed on a permanent foundation.

7.

The use shall be removed within forty-eight hours upon the expiration of a temporary dwelling permit or at the completion of a project, whichever comes first.

8.

Three types of temporary dwellings are permitted:

i.

Family and friends accommodation.

a.

A temporary dwelling is permitted for up to fourteen consecutive or non-consecutive days within a ninety-day time period.

b.

Occupants of the temporary dwelling shall not be residents of the primary or accessory dwelling unit.

c.

Temporary dwellings shall be placed in the rear or side yard of a property.

ii.

New construction or remodeling.

a.

A temporary dwelling for fourteen days or less shall require an approved temporary dwelling permit from the village community development department.

b.

A temporary dwelling for fifteen days or more but less than one hundred eighty days shall require approval from the village planning and zoning commission, and an approved temporary dwelling permit. A one-time extension of up to ninety days may be granted at the discretion of the community development director.

c.

Occupants of a temporary dwelling may be residents of the primary or accessory dwelling unit on residentially zoned parcels for which the temporary dwelling resides.

d.

Occupants of a temporary dwelling may be the property owner or authorized persons having construction or security responsibilities over the commercially zoned parcels for which the temporary dwelling resides.

e.

Temporary dwellings shall be placed in the rear or side yard of a property.

iii.

Construction related to an emergency or disaster, natural or otherwise.

a.

A temporary dwelling for fourteen days or less shall require an approved temporary dwelling permit from the village community development department.

b.

A temporary dwelling for fifteen days or more but less than one hundred eighty days shall require approval from the village planning and zoning commission, and an approved temporary dwelling permit. A one-time extension of up to ninety days may be granted at the discretion of the community development director.

c.

Occupants of a temporary dwelling may be residents of the primary or accessory dwelling unit on residentially zoned parcels for which the temporary dwelling resides.

d.

Occupants of a temporary dwelling may be the property owner or authorized persons having construction or security responsibilities over the commercially zoned parcels for which the temporary dwelling resides.

e.

Temporary dwellings shall be placed in the rear or side yard of a property.

(Ord. No. 481, 1-30-2025)