Los Lunas City Zoning Code

A. Purpose. Section 17.12.010 establishes standards for off-street vehicle, motorcycle, and bicycle parking for all uses and new development in all zoning districts. The standards address the supply, size, layout, and placement of parking and loading areas.

B.

Applicability.

1.

The provisions of Section 17.12.010 apply to:

i.

Construction of a new primary building.

ii.

A change in use of a primary building that increases the minimum off-street parking requirements for the building by more than twenty-five percent.

iii.

Expansion of the gross floor area of an existing building by more than twenty-five percent from the square footage originally approved by the village.

iv.

Construction of a new parking lot, including any required off-street parking.

C.

Minimum Off-Street Parking. Off-street parking spaces shall be provided in accordance with Table 17.12.010(1). For unlisted uses, the required off-street parking shall be determined by the community development director. If a conditional use permit, designated use permit, or special use is approved and the approval conditions approve a different parking requirement than the parking requirements listed in Table 17.12.010(1), the parking requirement in the conditional use permit, designated use permit, or special use shall apply.

Table 17.12.010(1): Minimum Off-Street Parking Requirements

D.

Unlisted Uses.

1.

For any use not listed in Table 17.12.010(1), the community development director is authorized to determine the minimum off-street parking space requirement by any of the following methods:

i.

Apply the minimum off-street parking space requirement in Table 17.12.010(1) for the listed use that the community development director determines is most similar to the proposed use.

ii.

Establish the minimum off-street parking space requirement by reference to standard parking resources published by the National Parking Association, American Planning Association, or another recognized parking reference resource.

iii.

Establish the minimum off-street parking space requirement based on a parking demand study prepared by the developer that estimates parking demand by reference to standard parking resources published by the National Parking Association, American Planning Association, or another recognized parking reference resource.

E.

Parking Reductions. The minimum amount of off-street parking required by Table 17.12.010(1) may be reduced by certain factors. The reductions may be applied individually or in combination but shall not exceed thirty percent of the off-street parking required.

1.

Shared parking: Minimum parking requirements may be reduced if two uses share the same parking areas and can demonstrate that their hours of peak parking demand do not overlap. The development review committee has the discretion of determining whether a shared parking reduction may be granted, but in no case shall the reduction be more than twenty-five percent.

2.

Satellite parking lot: Off-street parking requirements in non-residential and mixed-use zone districts may be met through parking provided on a satellite parking lot. The development review committee has the discretion of determining whether a satellite parking lot is appropriate for the development, but in no case shall the reduction be more than twenty-five percent, but shall comply with the following:

i.

Accessible parking spaces required to serve the development shall not be located in a satellite parking lot.

ii.

Satellite parking lots shall be adjacent to or within three hundred feet of the development, as measured from the development property line to the property line of the satellite parking lot.

iii.

The satellite parking lot shall be subject to the standards for parking lots contained in this title and the development process manual, and shall be maintained and operational at all times the development is in operation.

iv.

The applicant shall be responsible for any required improvements between the development site and the satellite parking lot, including but not limited to sidewalk or walkway.

v.

The applicant shall submit a parking agreement for the satellite parking lot in connection with the development to satisfy off-street parking requirements for review by the community development director. If the parking agreement is deemed acceptable, the document shall be recorded with the Valencia County Clerk.

F.

Accessible Parking.

1.

Accessible parking spaces shall be provided for all multi-family, mixed-use, and non-residential uses in accordance with Table 17.12.010(2) Accessible Parking Requirements.

2.

The number and design of accessible parking spaces shall be pursuant to the International Building Code (IBC), Americans with Disabilities Act (ADA), and the New Mexico Statutes Annotated, as amended.

3.

Accessible parking spaces shall be dispersed amongst accessible entrances and shall be located on the shortest accessible route to the entrance they serve.

4.

All accessible parking spaces shall have an access aisle that allows a person using a wheelchair or other mobility device to get in and out of their car or van. Curbs, medians, landscaping, and other obstructions parallel to the accessible parking space shall be minimized.

5.

Access aisles shall be a minimum of five feet in width. If the parking space is van accessible, the adjacent access aisle shall be a minimum of eight feet in width.

6.

Two accessible parking spaces shall be permitted to share a common access aisle.

7.

Accessible parking spaces shall be identified by the International Symbol of Accessibility (ISA); a clearly visible depiction of the symbol shall be painted blue on the pavement surface at the rear of the space.

8.

The access aisles shall be clearly marked by blue, diagonal striping and shall have the words "NO PARKING" in capital letters, each of which shall be at least one-foot in height and at least two-inches in width, placed at the rear of the parking space.

9.

Each access aisle must adjoin a pedestrian access route with a minimum of four feet in width.

10.

A twelve-inch by eighteen-inch sign with the International Symbol of Accessibility shall be provided at the head of each ADA accessible parking space. The sign shall be mounted a minimum of sixty inches above the ground surface, as measured to the bottom of the sign. The sign shall have the required language "Violators Are Subject to a Fine and/or Towing" per NMSA 1978 § 66-7-352.4C.

11.

If the accessible route is in front of the parking space, wheel stops are required to keep vehicles from reducing the clear width of the accessible route below thirty-six inches.

12.

The minimum number of accessible parking spaces required shall be based on the total number of vehicle parking spaces provided:

Table 17.12.010(2): Accessible Parking Requirements

G.

Electric Vehicles.

1.

Minimum off-street parking requirements for new residential, commercial, industrial properties, and properties undergoing a change in use or conformance based on other provisions of this title shall include a specified number of spaces dedicated to electric vehicle (EV) capable and electric vehicle supply equipment (EVSE) spaces. The number of EV capable and EVSE spaces required shall be calculated in accordance with the provisions of NMAC § 14.7.9.12, as amended from time to time.

H.

Motorcycle Parking.

1.

In addition to the vehicle parking spaces required by Table 17.12.010(1), motorcycle parking spaces shall be provided for all new multi-family, mixed-use, and non-residential development in accordance with Table 17.12.010(3).

2.

Motorcycle parking spaces shall be located in a well-lit area that is visible from the primary building entrance on the site.

3.

Motorcycle spaces shall be clearly signed and marked "Motorcycle Only" per the Manual on Uniform Traffic Control Devices (MUTCD) standards.

4.

All motorcycle parking stalls shall be four feet in width by eight feet in length.

5.

The minimum number of required motorcycle parking spaces shall be calculated based on the total number of off-street vehicle spaces provided:

Table 17.12.010(3): Minimum Motorcycle Parking Space Requirements

I.

Bicycle Parking.

1.

In addition to the vehicle parking spaces required by Table 17.12.010(1), bicycle parking spaces shall be provided for all new multi-family, mixed-use, and non-residential development in accordance with Table 17.12.010(4).

2.

The required bicycle parking spaces in Table 17.12.010(4) may be reduced by the development review committee based on site-specific conditions.

3.

Bicycle parking spaces shall be conveniently located within one hundred feet in any direction of the primary pedestrian entrance and in highly visible, well-lighted areas that do not interfere with vehicle or pedestrian circulation.

4.

Bicycle parking spaces shall be located adjacent to a clear aisle at least five feet in width to allow for maneuvering of the bicycle. Where bicycle parking is located next to a sidewalk, the maneuvering area may extend into the sidewalk.

5.

The minimum number of required bicycle parking spaces shall be calculated based on the total number of off-street motor vehicle spaces provided:

Table 17.12.010(4): Minimum Bicycle Parking Space Requirements

J.

Parking Location, Design, and Dimensions.

1.

Minimum parking stall dimensions for standard and compact spaces are provided in Tables 17.12.010(5) and 17.12.010(6), respectively. Dimensions for accessible parking stalls and access aisles are provided in Section 17.12.010(F).

2.

If more than fifty off-street parking spaces are provided, twenty-five percent of the spaces may be compact parking spaces. Designated compact parking spaces shall include the word "Compact" painted on the pavement surface of each space.

3.

Vehicles may overhang onsite sidewalks and landscape areas provided the overhang does not negatively impact the plant materials or reduce the required pedestrian access route to less than four feet wide. The maximum overhang of parking spaces is two feet for standard parking spaces and one and a half feet for compact spaces.

4.

Vehicles shall not overhang right-of-way or accessible ramps.

5.

Curbs or wheel stops shall be required on the periphery of all parking lots so that vehicles do not encroach into the public right-of-way or strike a building, fence, or landscaping.

6.

Parking areas shall be designed so that vehicles do not have to directly back out of the parking area into the public right-of-way, with the exception of single-family residential developments.

7.

Parking areas shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.

8.

All parking spaces must be clearly identified through the use of painted striping and wheel stops or curbs.

9.

Large parking lots containing more than one hundred parking spaces shall be divided into smaller subareas containing no more than fifty spaces each and separated by pedestrian walkways.

10.

Parking light passenger vehicles, off-highway vehicles, or non-commercial trailers in residential zones is prohibited on any portion of the adjacent sidewalk, front yard including the front setback except for a driveway, carport, garage, or drive aisle containing designated parking spaces, in accordance with Section 17.12.010(J)(13).

11.

Parking heavy vehicles or commercial trailers in residential zones is prohibited on any portion of the lot or adjacent sidewalk. Except when a heavy vehicle or commercial trailer is primarily used for agricultural purposes occurring on the same lot in the A-R and R-R zones only.

12.

Parking areas, drive aisles, and drive lanes shall be graded and surfaced in accordance with requirements in the development process manual and in a manner that will provide equivalent protection against potholes, erosion, and dust.

13.

Front Yard Parking. Parking within a front yard and/or front yard setback is prohibited, with the following exceptions:

i.

A site plan deviation for front yard parking may only be granted by the community development director if the lot is large, irregularly shaped, or of an agricultural nature and if unique or constraining circumstances are demonstrated.

a.

The site plan deviation shall be issued only after a detailed review of the specific circumstances and potential impacts, ensuring alignment with the intent and objectives of this title.

b.

Any deviation granted shall be documented and may include conditions or requirements to mitigate potential adverse effects on neighboring properties or the surrounding environment.

c.

The site plan deviation shall not be issued to circumnavigate Sections 17.12.010(J)(10) and 17.12.010(J)(11).

Table 17.12.010(5): Standard Angle Parking and Drive Aisle Dimensions

Table 17.12.010(6): Compact Angle Parking and Drive Aisle Dimensions

K.

Loading and Unloading Areas.

1.

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area shall be provided to accommodate the delivery or shipment operations in a safe and convenient manner.

2.

All non-residential uses with more than ten thousand square feet of gross floor area shall provide off-street loading spaces and related access and maneuvering areas as listed in Table 17.12.010(7).

Table 17.12.010(7): Off-Street Loading Space Requirements

3.

The community development director shall have the discretion of waiving the required loading spaces or require additional loading spaces if the proposed use or extraordinary site characteristics warrant it.

4.

The minimum dimensions for off-street loading spaces shall be twelve feet in width by fifty-five feet in length, exclusive of aisle and maneuvering space, with an overhead clearance of fourteen feet from the developed adjacent grade.

5.

Loading spaces shall be located on the same lot as the use and structure they serve and shall be confined to the rear of side of the structure.

6.

Loading areas shall not be permitted in any required front setback area or the public right-of-way.

7.

Loading areas located within one hundred feet of any residential zone district shall be screened by any applicable standards of Section 17.12.020, Landscaping and Screening Standards.

8.

Vehicles parked in the loading areas shall not encroach into required parking spaces, required setbacks, access aisles, or fire lanes, ADA accessibility route, or obstruct a building entry.

9.

Loading areas shall be designed so that delivery vehicles do not have to back into or out of the loading area from a public right-of-way or interfere with any parking space or drive aisle.

10.

The required loading area shall not be used to satisfy the requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities. Property owners and/or businesses are responsible for ensuring that vehicles staging for loading or unloading, or those taking DOT-mandated breaks, stage on-site or at an approved off-site location designated for heavy vehicle parking. Heavy vehicles shall not stage or take breaks in off-site areas not approved for heavy vehicle parking.

A. Purpose. This section provides standards for the installation and maintenance of landscaping to enhance the visual quality of development with regionally appropriate, sustainable landscapes that benefits the community by:

1.

Promoting the use of native and low water-use species that are appropriate for the high desert climate to conserve water resources and reduce the demand for potable water.

2.

Enhancing the visual appearance of commercial, industrial, multi-use, and multi-family residential developments.

3.

Providing buffers between non-residential and residential land uses.

4.

Mitigating road noise, controlling soil erosion, and reducing dust.

B.

Applicability.

1.

The provisions of Section 17.12.020 apply to:

i.

Private property only.

ii.

Residential subdivision applications where landscaping is proposed, and approved by the development review committee, for subdivision entry features, medians, common spaces, utility strips adjacent to sidewalks, or required park areas.

iii.

Commercial developments that include new construction of an enclosed structure with a gross floor area greater than five hundred square feet.

iv.

Additions or remodeling of existing structures that disturbs more than five hundred square feet of land area or have a valuation of over two hundred thousand (adjusted for inflation).

v.

Construction of a new parking lot containing thirty or more spaces, or expansion of an existing parking lot by fifty spaces or more.

vi.

Section 17.12.020, Landscaping and Screening Standards does not apply to existing or applications for new single-family dwelling units apart from Section 17.12.020(G)(3).

C.

Required Landscape Plan.

1.

A landscape plan showing the proposed landscape areas and location of existing and proposed plants, materials, and features.

2.

Species and size of existing plant material to be preserved.

3.

Extent and location of all plant material and other landscape features.

4.

Plant schedule including common and botanical names, size at installation, size at maturity, quantities, and method of transplant.

5.

The landscape plan shall be drawn to scale no smaller than one-inch equals thirty feet (one inch = thirty feet) to ensure readability of the landscape design.

6.

The landscape plan shall clearly indicate proposed treatment of all ground surfaces (e.g. paving, gravel, turf, grading, etc.)

7.

Irrigation system operation information and water budgets based on gallons used for landscape plantings shall be included on the landscape plan or with attached documents. A list of allowable plants can be found in the development process manual.

8.

A minimum percentage of the net lot area for each development shall contain landscaping, which is determined by subtracting the square footage of the building footprint from the square footage of the gross lot area.

i.

Zero to fifty acres: Ten percent minimum.

ii.

Fifty-one to one hundred acres: Five percent minimum.

iii.

One hundred one to two hundred fifty acres: Three percent minimum.

iv.

Two hundred fifty-one acres and above: One percent minimum.

v.

There is no minimum percentage for residential subdivision applications other than where landscaping is proposed for subdivision entry features, medians, common spaces, utility strips adjacent to sidewalks, or required park areas.

9.

Tree canopies and ground level plantings shall cover a minimum of thirty percent of the total required landscape area, as measured by the canopy width.

10.

The landscape design shall utilize a variety of plant materials to avoid the creation of a monoculture and destruction of a singular species from plant disease.

11.

Ground cover design shall utilize a variety of materials, such as boulders, gravel, mulch, and soil, to avoid the creation of a monoscape and ensure visual interest through variations in color, texture, and type.

12.

Existing plant materials that are healthy and proposed for preservation shall be indicated as such on the landscape plan and shall count towards meeting the minimum landscape requirements.

13.

Drainage systems such as retention and detention ponds may count toward meeting the minimum landscape requirements, provided that the drainage system is designed and landscaped in a way that enhances the aesthetic quality of the site. Acceptable features may include the incorporation of native, drought-tolerant vegetation, trees, or decorative rock elements around the pond perimeter, and the use of gradual slopes and natural contours to create a more visually appealing appearance.

14.

Mulch shall be provided in all planting beds at a minimum depth of two inches.

15.

Turf, sod, or grass seed shall not be installed in areas that are less than fifteen feet in width or length. Artificial turf may be acceptable in these areas.

16.

Cool season grasses shall be limited to no more than ten percent of the required landscape area. Warm season grasses are not limited in landscape area. Public parks and athletic fields are exempt from this restriction. These locations shall install only the minimum cool season turf required for active recreational use.

17.

Water features, including but not limited to fountains, streams, and ponds, are classified as high water use and shall be limited in size.

18.

All underground utility lines shall be located and shown on the landscaping plan. Tree plantings shall not interfere within the functioning of utility lines, either at installation or later.

19.

Clear-sight triangles shall be shown on the landscape plan and maintained at all street and driveway intersections.

D.

Required Irrigation System.

1.

Irrigation plans must comply with the village's stormwater quality and water rights requirements.

2.

An irrigation plan shall be submitted as part of the required landscape plan and development plan application.

3.

The irrigation system shall be permanently installed and connected to a dedicated water meter, preserving the health and vitality of the landscape.

4.

The irrigation system shall include the installation of an automatic irrigation timer with programmable settings, installation of a backflow preventer, and pipes, valves, and irrigation heads of adequate size to properly irrigate the landscape areas.

5.

The irrigation system shall be designed to minimize the use of water.

6.

The irrigation system shall be designed to avoid over spraying onto paved surfaces, including streets, driveways, sidewalks, and parking areas.

E.

Landscape plans shall reference the water allocation by plant type per year contained in the development process manual.

F.

Prohibited Species.

1.

Russian olive (Elaeagnus angustifolia) and Salt cedar (Tamarix ramosissima) are prohibited because of their classification as noxious weeds.

2.

Tree species that carry harmful allergens are prohibited, including Cypress (Cupressus sp.), Juniper (Juniperus sp. — male specimens are prohibited; females are allowed), and Mulberry (Morus sp.).

3.

Any species listed in the development process manual, or as amended, that are identified as hazardous, harmful, noxious, or similar in nature.

G.

Installation and Maintenance.

1.

Required minimum plant sizes at installation:

i.

Deciduous shade trees:

a.

Two-inch caliper trunk measured six inches above grade.

ii.

Accent trees:

a.

One-and-a-half-inch caliper trunk measured six inches above grade.

iii.

Multi-trunk trees:

a.

Minimum of two trunks, with a combined caliper of two inches.

iv.

Evergreen trees:

a.

Minimum of six feet in height.

v.

Shrubs:

a.

One gallon container.

2.

All landscape plantings and irrigation systems shall be installed and operational prior to the issuance of a village business registration/License.

3.

All properties, whether residential or commercial, shall maintain landscaping in a healthy, orderly, and visually appealing condition. This includes preventing overgrowth, removing weeds and litter, replacing and/or removing dead or damaged plant materials in accordance with acceptable horticultural practices and as required by the following provisions:

i.

Commercial Properties:

a.

Any plant materials shown on the approved landscape plan that have died shall be replaced within thirty days of its demise or during the next appropriate season with the same or a similar regionally appropriate plant species to maintain compliance with the approved landscaping plan.

b.

Trees that have died, are dying, or are hazardous to the property or surrounding areas shall be removed and replaced with a similar, regionally appropriate tree species.

ii.

Residential Properties:

a.

Any plant materials that have died shall either be replaced with the same or a similar regionally appropriate plant species or at the property owner's discretion, removed indefinitely.

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

A. Purpose.

1.

Section 17.12.030, Fences and Walls regulates walls, fences, and retaining walls for the purpose of:

i.

Establishing an attractive streetscape and promoting neighborhood character.

ii.

Providing adequate privacy and security without degrading the visual aesthetic of the community.

iii.

Providing visual separation between non-residential and residential land uses.

B.

Applicability.

1.

The standards provided in Section 17.12.030, Fences and Walls apply to new fences or walls and replacement of existing fences or walls.

2.

A fence or wall shall be erected and/or replaced only after obtaining an approved development plan application from the community development department.

3.

Where the minimum height requirement for fences or walls are taller under the Main Street overlay, an approved area plan, or Article VI, Supplemental Standards for Specific Uses than the maximum height allowed in this section, the taller wall requirement shall prevail. All other applicable standards in this section shall apply.

C.

Fence and Wall Location.

1.

A fence or wall is permitted to be placed anywhere on a lot, including the front, side, or rear yard and/or setback area or on a property line, except as provided in this section or as limited by clear sight triangle regulations.

2.

A fence or wall shall not encroach onto any public right-of-way without an approved encroachment agreement from the village public works director that shall be recorded with the Valencia County Clerk.

3.

A fence or wall shall not encroach onto any adjacent properties without prior written consent of that property owner that shall be recorded with the Valencia County Clerk and such recorded document shall be submitted as part of the development plan application

D.

Maximum Fence and Wall Height.

1.

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.

2.

The maximum height for fences and walls is seven feet, except as provided in this section or under Article VI, Supplemental Standards for Specific Uses. Fences and walls seven feet or less may be erected on any part of a lot that is setback as far as the main building face.

3.

A fence or wall no taller than four feet in height may be erected within the front yard or front setback area, provided that it meets the clear sight triangle regulations. An additional two feet may be added to the overall height provided the fence or wall is no more than thirty opaque and meets the clear sight triangle regulations.

4.

Tennis court and security fences for residential and non-residential uses may be constructed to a maximum height of twelve feet, provided they are constructed from materials that do not obstruct visibility, such as chain link, rod iron, or similar. Such fences shall be placed a minimum of five feet inside the property line. Tennis court fences on residential properties shall be placed in the rear or side yard.

5.

Swimming pools, spas, or hot tubs, in-ground or above-ground, shall be completely surrounded by a fence setback a minimum of three feet from the exterior edge, wall, building wall, or combination thereof, with a height of four feet above grade as measured on the side of the fence that faces away from the swimming pool, spa, or hot tub and include a locking device on a self-closing gate, per NMAC § 14.7.3. Spas and hot tubs may utilize a lockable cover in lieu of an enclosed fence or wall.

E.

Retaining Walls.

1.

All retaining walls that are twenty-four-inches in height or greater shall apply for a development plan application and be designed and engineered by a licensed structural engineer registered in the State of New Mexico.

2.

Retaining walls taller than six feet in height shall be terraced to minimize the visual impact from neighboring properties and public right-of-way. Terracing shall not exceed three tiers.

3.

Where required, the terrace shall have a minimum separation of four feet to provide an area for landscaping and screening. A reduction in the required separation to three feet may be approved at the discretion of the village public works director where site constraints limit the area to accommodate the terracing.

4.

Retaining walls shall incorporate a setback from the property line to avoid encroachment of the footing onto public right-of-way or adjacent properties.

F.

Fence and Wall Materials and Design.

1.

Fences and walls shall be constructed of durable materials intended for outdoor use, weather, and decay resistant.

2.

Acceptable fence and wall materials include, but are not limited to, concrete masonry unit (CMU) blocks, split-face blocks, stabilized adobe, wood (including latillas) brick, stone, glass block, tubular steel, wrought iron, or any other material approved at the discretion of the community development director.

3.

Walls visible from public rights-of-way shall be architecturally integrated with the building design to the maximum extent feasible.

4.

Prohibited fence and wall materials include railroad ties, wood pallets, tires, barbed wire, razor wire, barbed tape, or brush; except barbed wire fences shall be allowed in the A-R and R-R zones for the purposes of animal containment and agricultural cropland protection, provided the fence is placed at a minimum of five feet from a lot line adjacent to the public right-of-way or pedestrian walkway.

5.

The property owner shall remove any fence or wall constructed of prohibited materials contained in Section 17.12.030 of this title within thirty days following written notification by the village code 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.

G.

Maintenance.

1.

All fences, walls, and retaining walls shall be maintained in good condition, and shall not become dilapidated or a danger to adjoining properties or the general public.

2.

Fences, walls, and retaining walls that have become dilapidated and a nuisance through neglect, manner of construction, or method of placement, shall be repaired, replaced, or removed the village shall remove such fence, wall, or retaining wall and the property owner shall be charged for the removal expense.

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

A. Purpose.

1.

Section 17.12.040 is intended to reduce light pollution, prevent obtrusive lighting, and protect the safety and security of residents.

B.

Applicability.

1.

The provisions in Section 17.12.040 shall apply to:

i.

All new multi-family, mixed-use, and non-residential development on private property. The provisions contained in Section 17.12.040 shall not apply to public property.

ii.

Change in use of an existing private property.

iii.

Expansion or renovation to existing private property that increases the developed square footage, occupant capacity, or parking spaces by twenty-five percent or more.

C.

Exemptions.

1.

Navigational lighting at airports and other lighting required for aircraft safety.

2.

Sports lighting at playing fields and tennis courts provided the light poles are extinguished by ten p.m., except to complete the sports activity in progress prior to ten p.m.

3.

Existing outdoor lighting on private property that was installed prior to the effective date of this title shall be exempt and considered nonconforming until natural maintenance, modifications, change of use, or code enforcement obligates meeting the standards.

D.

Prohibited Lighting.

1.

The following types of exterior lighting sources, fixtures, and installations shall be prohibited:

i.

Mercury vapor lighting.

ii.

Lighting that is animated, blinks, flashes, moves, revolves, or changes intensity.

iii.

Unshielded floodlights, spotlights, searchlight, aerial lasers, or beacons.

iv.

Site lighting that produces direct light or glare onto public rights-of-way that could cause the operator of a motor vehicle to lose visibility or that could be misconstrued as a traffic control device.

E.

Required Lighting Plan.

1.

An exterior photometric lighting plan shall be prepared in compliance with Section 17.12.040 by an electrical engineer registered in the State of New Mexico and shall be submitted as part of the development plan Application.

2.

All exterior lighting plans shall comply with the "Night Sky Protection Act," NMSA 1978 § 74-12-1 through § 74-12-10.

3.

All site, parking lot, and building-mounted outdoor lighting shall be shielded using full cut-off light fixtures.

4.

All outdoor lighting shall be aimed so that light spillover onto the area ten feet beyond the property line shall not exceed two hundred-foot lamberts as measured from the property line facing the light source.

5.

All outdoor light fixtures within any residential, mixed-use, or non-residential zone district shall be extinguished between ten p.m. and sunrise, except for the minimum necessary for security purposes or to illuminate pedestrian walkways, driveways, drive aisles, equipment yards, and parking lots.

F.

Light Fixture Height.

1.

The maximum height for all light fixtures shall be measured from the finished adjacent grade to the top of the light fixture per Table 17.12.040(1).

Table 17.12.040(1): Maximum Height for Light Poles and Building-Mounted Lights

G.

Pedestrian Lighting.

1.

Pedestrian walkways in parking areas shall be lit with pedestrian-scale lighting.

2.

The maximum height of pedestrian light fixtures shall be measured from the adjacent finished grade to the top of the light fixture per Table 17.12.040(2).

Table 17.12.040(2): Maximum Height for Pedestrian Lighting

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

A. Purpose.

1.

Section 17.12.050 establishes sign regulations for residential and non-residential development, institutions, and other places of interest that are intended to encourage and protect the character of the village while enhancing development and improving the appearance by:

i.

Establishing a permit system to allow a variety of sign types in non-residential zones and a limited variety sign types in residential zones.

ii.

Allowing certain signs that are unobtrusive and incidental to the primary use of the property on which they are located.

iii.

Providing for temporary signs in limited circumstances within public right-of-way.

iv.

Identifying signs that are prohibited within the village.

v.

Ensuring compliance with all applicable federal and state laws regarding the First Amendment of the United States Constitution and free speech, and avoiding regulating signage based on content, viewpoint, or message.

B.

Applicability.

1.

All signs and support structures shall be designed, installed, and maintained in conformance with the standards, procedures, and other requirements of Section 17.12.050, except for those signs deemed exempt in Section 17.12.050(C).

2.

When any regulation in Section 17.12.050 conflicts with any other regulation in this title, the more strict interpretation shall prevail, except when the community development director determines otherwise. When any regulation in the supplementary standards for specific uses conflicts with any other regulation in this title, the supplementary standards for specific uses shall prevail.

C.

Exemptions.

1.

The signs listed in this section shall be exempt from the standards contained in Section 17.12.050.

i.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

ii.

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the property line of the lot or parcel on which the sign is located.

iii.

Works of art that do not include a commercial message, place name, or logo.

iv.

Holiday lights and decorations with no commercial message, except that the decorations may contain sponsor names that are uniform in design with no other advertising, logos, or any other words or graphics that are unique to a sponsor.

v.

Traffic control signs on public or private property, such as "Stop," "Yield," and similar signs, the faces of which meet New Mexico Department of Transportation standards and do not contain a commercial message of any sort.

D.

Prohibited Signs.

1.

The following signs listed in this section are prohibited in all districts. These signs shall be removed or brought into conformance with the standards contained in this section or shall be considered in violation and subject to the penalty provisions contained in this title and Section 17.14.050(D).

i.

Abandoned signs located on a property that is vacant, unoccupied, or where the use has been discontinued for a period of thirty days or longer.

ii.

Signs with mechanical movement (e.g. moving parts or rotation) and/or flashing, oscillating, or rotating lights or other illuminating devices that change in brightness or intensity of color.

iii.

Billboards.

iv.

Roof signs or attached signs extending above the roof line.

v.

Signs that exceed two square feet in area on vehicles or trailers that are parked or located for the primary purpose of displaying the sign.

vi.

Signs with exposed incandescent, metal halide, or fluorescent light bulbs.

vii.

Signs with direct illumination by incandescent light bulbs rated at above three hundred seventy-five lumens.

viii.

Signs that contain a beacon of any type and/or contain a spotlight providing direct illumination to the public.

ix.

No additions, streamers, other similar accessories, or items listed in Section 17.12.050(D)(1)(ii) of this title shall be attached to or used in conjunction with any permanent or temporary sign.

x.

Signs, permanent or temporary, located within fifteen feet of the pavement edge in either direction of an intersection and taller than three feet in height or that otherwise obstructs the clear sight triangle impeding access to a sidewalk, street, driveway, traffic control apparatus, bus stop, fire hydrant, street furniture, or otherwise creates a hazard, such as tripping.

xi.

Signs, other than directional or official traffic signs, designed in a manner that could be confused with an authorized traffic sign, signal, or device, or utilizing the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse drivers.

xii.

Signs on trees, rocks, or other natural objects, or on any human-constructed object not intended to support a sign, such as a utility pole, light pole, or fire escape; whether attached or painted onto such object.

E.

Signs Allowed on Private Property. Primary, secondary, and temporary signs on private property shall be subject to the type, size, and number of signs permitted and as further outlined in Section 17.12.050(H).

1.

Primary signs are considered permanent, require a sign permit, and may require a building permit issued by the New Mexico Construction Industries Division (NMCID) in which case a development plan application shall be submitted to the community development department. Primary signs identify an establishment or premises while the establishment is in operation and/or while the premises is occupied. Primary signs include:

i.

Awning signs.

ii.

Canopy signs.

iii.

Hanging signs.

iv.

Home occupation signs.

v.

Marquee signs.

vi.

Monument signs.

vii.

Post and panel.

viii.

Pylon/pole signs.

ix.

Subdivision signs.

x.

Wall signs.

2.

Secondary signs provide information that is secondary to identifying the major activities occurring on the premises and may be permanent or temporary, but do not require a sign permit. Permanent and temporary secondary signs include:

i.

Building identification signs.

ii.

Bulletin boards.

iii.

Collection box signs.

iv.

Directional signs.

v.

Government signs.

vi.

Incidental signs.

vii.

Informational signs.

viii.

Window signs.

3.

Temporary signs are used for a specific reason and for a specific length of time as specified in Section 17.12.050(H). Temporary signs on private property do not require a sign permit. For temporary signs located in the public right-of-way see Section 17.12.050(F). Temporary signs include:

i.

Banner signs.

ii.

Development/construction signs.

iii.

Flags and pennants.

iv.

Flex-pole signs.

v.

Garage sale signs.

vi.

Inflatable signs.

vii.

Mobile billboard signs.

viii.

Open house signs.

ix.

Political signs.

x.

Portable signs.

xi.

Real estate signs.

xii.

Single event signs.

xiii.

Special event signs.

xiv.

Subdivision directional signs.

xv.

Window signs.

xvi.

Yard signs.

F.

Signs Allowed Within Public Right-of-Way. For the purposes of Section 17.12.050 regulations, the right-of-way excludes State of New Mexico facilities managed by the New Mexico Department of Transportation (NMDOT), including Interstate 25, NM Highway 6 (Main St.), NM Highway 263, NM Highway 314, and NM Highway 47. Signs within the State of New Mexico right-of-way must comply with the provisions set forth in NMSA 1978 § 66-7-108, or as amended. Signs placed within the Village of Los Lunas right-of-way are prohibited, except for the following:

1.

Permanent Signs. This includes government signs erected by or on behalf of a governmental agency such as legal notices; signs to identify public property, convey public information, or direct or regulate pedestrian and vehicular traffic; bus stop signs; and informational signs of a public utility regarding its poles, lines, pipes or facilities.

2.

Temporary Signs. Signs allowed within the public right-of-way and posted in accordance with Section 17.12.050(H) and Section 17.12.050(G)(5).

3.

Emergency warning signs. This includes signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way that serve to warn the public of emergencies.

4.

Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of Section 17.12.050, shall be forfeited and subject to confiscation by the village. The village shall have the right to recover the full cost of removal and disposal of the sign from the property owner or person that placed the sign in violation of Section 17.12.050.

G.

Signs Allowed on a Temporary Basis.

1.

Temporary signs are allowed only so long as they do not violate the purpose and intent of Section 17.12.050.

2.

Temporary signs may be posted on property in all zone districts, subject to the following requirements and applicable provisions within Section 17.12.050:

i.

A temporary sign may be posted only with the consent of the property owner or occupant.

ii.

All temporary signs must be constructed and designed of materials durable enough to withstand the elements and inclement weather.

iii.

Temporary signs shall not be illuminated or painted with light-reflecting paint.

3.

Temporary signs on private property in residential zone districts shall be subject to the type, size, and number of signs permitted and as further outlined in Section 17.20.050(H) and the following regulations:

i.

The total square footage for temporary signs posted within a residential zone district, in the aggregate, shall not exceed a total of thirty-two square feet in area.

ii.

No individual temporary sign within a residential zone district shall exceed thirty-two square feet in area or six feet in height if freestanding, unless otherwise outlined in Section 17.12.050(H) of this title.

iii.

Temporary signs in a residential zone are prohibited from advertising or promoting any off-premises commercial enterprise.

4.

Temporary signs on private property in non-residential zone districts shall be subject to the type, size, and number of signs permitted and as described in Section 17.12.050(H) and the following regulations:

i.

The total square footage for all temporary signs posted within a non-residential zone district, in the aggregate, shall not exceed sixty-four square feet.

ii.

No individual temporary sign within a non-residential zone district shall exceed a total of thirty-two square feet in area.

iii.

Development located on a single lot, premises, or tract of land that is twenty or more acres is permitted to post temporary signage that does not, in the aggregate, exceed a total of one hundred twenty-eight square feet in area.

iv.

Temporary signs in a non-residential zone are prohibited from advertising or promoting any off-premises commercial enterprise.

5.

The following temporary signs are allowed in the public right-of-way shall be subject to the type, size, and number of signs permitted and as further outlined in Section 17.20.050(H) and the following regulations:

i.

A sign permit is required for all temporary signs within the public right-of-way.

ii.

Subdivision Directional Signs. Permits for temporary signs in the public right-of-way are allowed on a limited basis during periods of new construction activity that require the need for subdivision directional signs. Directional signs may only be used to direct traffic to subdivisions that are less than ninety percent complete. The purpose of such signs is to minimize confusion among prospective homebuyers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of sign proliferation. This type of sign is allowed as follows:

a.

Subdivision directional signs shall not exceed eight square feet in area.

b.

The maximum number of subdivision directional signs that may be posted with a permit is six signs per builder, per subdivision.

c.

Subdivision signs shall not be placed closer than twenty feet from any other permitted sign.

d.

A permit is valid for one calendar month; however, permits may be purchased in advance for a period not to exceed one year.

iii.

Special Event Signs. Special event signs are intended to provide the public or event staff with directions to an event lasting more than one day. These signs include but are not limited to, signs that provide directions to filming locations, fiestas, festivals, fairs, temporary markets, and multi-day community gatherings.

a.

No more than one application will be approved for the same event, and it will be reviewed on a first come first served basis.

b.

Special event signs shall not be placed in the public right-of-way sooner than one week before the event and must be removed no later than twenty-four hours after the conclusion of the event unless otherwise stated in Section 17.12.050(H).

iv.

Single Event Signs. Are intended to provide the public with directions to an event of a limited duration. These signs include, but are not limited to, signs that provide directions to garage sales, open houses, and public community meetings.

a.

No more than one application will be approved for the same event, and it will be reviewed on a first come first served basis.

b.

Single event signs shall not be placed in the public right-of-way sooner than forty-eight hours before the event and must be removed no later than twenty-four hours after the conclusion of the event unless otherwise stated in Section 17.12.050(H).

H.

Signage Type, Frequency, Location and Placement, and Size Regulations.

1.

S-U zone district sign regulations shall comply with the most similar zone standards warranted by the specific development as determined by the community development director or their designee.

Table 17.12.050(1): Signage Type, Frequency, Location and Placement, and Size

ZONES

I.

Electronic Signs. Electronic signs are prohibited within residential zone districts but are permitted elsewhere in accordance with Section 17.12.050(H), Signage Type, Frequency, Location, Placement, and Size Regulations and shall conform to the following:

1.

Electronic sign message area shall not exceed fifty square feet.

2.

Electronic signs shall be prohibited from displaying animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

3.

Electronic signs shall be prohibited from containing any audio message.

4.

Electronic signs shall display a static message for a minimum of eight seconds between transitions. The transition from one message to the other shall appear instantaneous as perceived by the human eye. Each sign message shall be complete in itself and shall not continue on a subsequent sign message.

5.

Electronic signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3-foot candles above ambient lights, as measured using a foot candle meter.

6.

Light measurements shall be taken with the light meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face. Measurements shall be taken as shown in Table 17.12.050(2):

i.

Ambient light. An ambient light measurement shall be taken using a foot candle meter at a distance as required by Table 17.12.050(2) between thirty minutes past sunset and thirty minutes before sunrise with the electronic sign turned off to a black screen. Immediately following the ambient light measurement, an operating sign light measurement shall be taken with the sign turned on to a full white copy. The brightness of a sign conforms to the brightness requirements of subsection H. if the difference between the ambient light measurement and the operating sign light measurement is 0.3-foot candles or less.

ii.

Default mechanism. All electronic signs shall contain a default mechanism that will cause the electronic sign to revert immediately to a black screen if the sign malfunctions.

Table 17.12.050(2): Electronic Sign Luminance Measurements

J.

Measurement and Calculation of Permissible Sign Area.

1.

The sign face area permitted for all signs, except freestanding signs, shall be calculated by measuring the area of the smallest regular geometric shape (rectangle, circle, etc.) or a combination of regular shapes, that encompasses all words, letters, figures, emblems, and background colors of the sign area, including the space between the different elements, but shall not include the area that is part of the architecture of the building or supporting structure.

2.

Wall Signs. The method for determining the allowable sign area for wall signs is based on the aggregate area of the elevation (height x width in feet and inches) excluding any area determined by the community development director as unrelated to the subject elevation of the building or tenant space in question.

3.

Freestanding Signs. The total sign area of a freestanding sign shall include the frame, if any, but shall not include:

i.

A pole or other structural support unless such is intentionally illuminated or otherwise designed to constitute a display device, or a part of a display device.

ii.

Architectural features that are either part of the building or freestanding structure and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general.

4.

Multi-Faced Signs. The measurements for a multi-faced sign shall be calculated as follows:

i.

For signs containing back-to-back displays of which both faces advertise the same business, only one face shall be considered the sign face area.

a.

In instances where one face is larger than the other, the larger face shall be considered the sign face area.

ii.

For signs containing back-to-back displays of which each face advertises a separate business, the area of both faces added together shall be considered the sign face area.

5.

Calculation of Height.

i.

The height of a sign shall be calculated as the distance from the base of the sign at the adjacent sidewalk or street, whichever is higher, to the top of the highest attached component of the sign.

K.

Signage Construction, Maintenance, and Removals.

1.

Construction. All signs shall be installed, constructed, placed, and supported in such manner so they will not be or become dangerous to the general public or to surrounding property.

i.

All signs identified within Section 17.12.050 as requiring a permit for construction/installation shall submit and receive an approved sign permit from the community development department.

ii.

All signs identified by the community development director or their designee as requiring a development plan application for construction/installation shall comply with the provisions set forth in Section 17.14.020(E)(4).

a.

Signs located with a special flood hazard area (SFHA) as identified by the current flood insurance rate map (FIRM) shall comply with all provisions of Chapter 15.24, Flood Area Development Restrictions.

2.

Maintenance. Complete maintenance is required for all signs, whether or not the sign was in existence prior to adoption of this title. Maintenance shall include periodic cleaning; replacement of flickering, burned out, or broken light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, rusting, or otherwise damaged or broken parts of a sign including the sign face or its components; and any other activity necessary to restore the sign so that it continues to conform to the requirements and contents of the sign permit issued for its original installation and provisions of Section 17.12.050, additionally maintenance in accordance with Section 17.14.020(E)(2)(ii) shall not require a sign permit.

3.

The numerical address of the business/development shall be included on freestanding signage.

4.

Illumination of signs may be direct or indirect; however, all lighting shall comply with the lighting provisions contained in Section 17.12.040, Outdoor Lighting and the State of New Mexico Night Sky Protection Act.

5.

If any permanent or temporary sign becomes a nuisance as defined in Section 17.12.050, such signs may be subject to removal, relocation, or other actions to eliminate the nuisance, either by the owner of the sign or by the village.

L.

Nonconforming Signs.

1.

See Section 17.14.040(F).

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