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Portales City Zoning Code

ARTICLE XI

ZONING CATEGORIES FOR PORTALES

Section 401 - RA & RS—RODEO ARENA AND RIDING STABLE ZONE

1. INTENT AND PURPOSE

The purpose of this zone is to permit the development and maintenance of rodeo arenas and riding stables in appropriate low density areas.

2. USES PERMITTED

Buildings and premises in the RA & RS zone shall be used for the following purposes only:

Any use permitted in the M-1 zone. Rodeo Arenas and Riding Stables together with such usage as are usually and customarily made of Rodeo Arenas and Riding Stables, including, but not limited to, grand stands, rodeo contests, exhibitions, stabling of horses and related uses, and provided that the following conditions are complied with:

(a)

No poultry, fowls, hogs, or swine shall be kept on land in a rodeo arena and riding stable zone nor shall any cattle be kept on the premises except for rodeo and exhibition purposes.

(b)

All pens, stables, enclosures and premises in a rodeo arena and riding stable zone shall be kept in a clean and sanitary condition at all times.

3. USES REQUIRING SPECIAL USE PERMITS

Same as M-1 Zone.

Cross reference— Housing of animals, § 7-8.

Section 402 - R-1A SINGLE FAMILY RESIDENTIAL ZONE

A.

INTENT AND PURPOSE

This zone is intended to provide for the development of single family homes when all public utilities are immediately available or can be readily obtained. It is also intended in this zone that a low density of population be maintained.

B.

USES PERMITTED

Buildings and premises in the R-1A zone shall be used for the following purposes only:

(1)

One single-family dwelling unit per lot; including modular and manufactured homes; provided such dwelling unit meets the following design standards:

(a)

All dwelling units shall be permanently affixed to a permanent foundation. No dwelling unit shall be temporary in nature. Permanent foundations for dwelling units that are not site built shall comply with New Mexico Manufactured Housing Division Rules and Regulations (NMAC 14.12.2) for permanent foundations.

(b)

Each dwelling unit must have either an attached or detached private garage structurally affixed to a permanent foundation which interior dimension shall measure not less than 20 feet by 22 feet. The garage shall have an external appearance and finish-treatment similar to and consistent with the dwelling unit and shall be completed and issued a certificate of occupancy no later than 12 months after occupation of the dwelling unit.

(c)

Each dwelling unit shall have a roof meeting the following minimum criteria:

(i)

a pitched roof with a minimum slope of 2½ inches in every 12 inches and no less than 6-inch overhangs or

(ii)

a flat roof with parapets at least 6 inches in height above the finished roof.

(d)

These overhang, roof pitch and private garage requirements shall not apply to any dwelling unit, building or structure constructed or installed prior to July 1st, 2007. Notwithstanding the above, conversions of pre-existing or post July 1st, 2007, private garages are prohibited unless another private garage is constructed to replace the converted private garage.

(e)

All dwelling units must face the address street or create a presence on the address street. Street presence can be created by including elements such as windows, site walls, gates, portals, courtyards and landscaping in the architectural design or site plan.

(f)

All front steps necessary for access due to a difference in grade between the front door and/or the floor of the dwelling unit and finished grade shall be permanently installed and shall be constructed of stone, concrete or masonry materials.

(g)

An all-weather driveway shall be constructed from the street line to the private garage or carport, or to any other area designated for off-street parking.

(h)

Sites shall be prepared in such a manner that positive drainage of surface water is maintained and directed away from the dwelling unit as per state regulations.

(i)

Carports may be allowed however, the structure must conform to the setback standards applicable to the main dwelling, or conform to the requirements of an accessory building. Carports shall be constructed of the same materials or have the same facade as the primary structure.

(j)

With the exception of division (b) above, all requirements of this division shall be completed within a reasonable time after occupation of the dwelling unit not to exceed 120 days;

(2)

Detached accessory buildings or structures, but not to include structures for livestock or fowl; provided such accessory buildings or structures meet the following design standards:

(a)

Accessory buildings and structures shall not in the aggregate encompass a greater total square foot area than the primary structure. Maximum height is limited to one (1) story with a maximum roofline not to exceed that of the main building.

(b)

The exterior of any accessory building and structure encompassing more than 200 square feet shall be constructed of materials similar in color and appearance to those used in the primary structure or has a facade similar to that of the primary structure. Accessory structures greater than 500 square feet shall be constructed of the same materials or have the same facade as the primary structure.

(c)

By definition, an accessory building may not be constructed without the existence of the primary structure; the dwelling unit;

(d)

Any accessory building shall be no closer than six (6) feet from any other building, except that private garages or carports may be closer to the main building, if adjoined to the main building by an enclosed walkway or covered breezeway.

(e)

In addition to the area in which the main building would be permitted, construction would be allowed in a required rear yard area, provided it is no closer than three (3) feet from the side property line.

(f)

Construction would be allowed provided the accessory building occupies no more than fifty (50) percent of the required rear yard area.

(3)

Noncommercial gardens, swimming pools, tennis courts;

(4)

Parks, open space, public utilities and facilities;

(5)

Home occupations, provided the following conditions are complied with:

(a)

No person outside the immediate family occupying the premises shall be employed.

(b)

No stock in trade shall be displayed on the premises and only products resulting from the home occupation may be sold from the premises.

(c)

Only one (1) occupation shall be permitted on the premises at any one time.

(d)

All activities shall be conducted entirely within the dwelling.

(e)

No signs will be allowed.

(f)

There shall be no external evidence of the activity such as commercial vehicles, outside storage of stock or materials; and no noise, odor, dust, fumes, or other nuisances shall be emitted from the premises.

(6)

Family day care home with a capacity of six or less;

(7)

A single-family dwelling unit or a manufactured/modular unit may be used as a model home or sales office with these conditions:

(a)

The number of model homes or sales offices allowed, based on the number of lots owned by the developer, within a one-mile radius of the proposed location of any given model or sales office, will be:

1 to 5 lots = 1 model/sales office
6 to 10 lots = 2 models/sales offices
11 to 20 lots = 3 models/sales offices
21 to 30 lots = 4 models/sales offices
31 to 40 lots = 5 models/sales offices
More than 40 lots = 6 models/sales offices
Lots need not be contiguous

 

(b)

Hours of operation will be 8:00 a.m. to 7:00 p.m., or as otherwise determined by the Planning Department.

(c)

Signage shall not exceed 16 square feet for any single premise.

(d)

All freestanding sales offices shall have a minimum of eight parking spaces, which shall include off-street handicapped parking. All parking areas shall consist of a gravel surface. The parking requirement for model homes shall be as per the requirement for single-family dwelling units.

(e)

The time limit for a model home or sales office is one year. The Planning Department may approve time extensions.

(f)

Ten percent of the lot on which each model home or sales office is located shall be landscaped with sod, shrubs and trees or as per an approved xeriscape landscape plan.

(g)

Each model home or sales office shall have exterior siding and roofing which, in color, materials and appearance, is comparable to the predominant materials in use on surrounding dwelling units. The minimum pitch shall be 2/12.

(h)

All setback and area requirements of the R-1A zoning district apply.

(i)

All modular or manufactured models or sales offices shall be ADA compliant and meet all applicable, building, plumbing, mechanical, and electrical code requirements;

C.

SPECIAL USES

Special Uses as listed in this Section shall be permitted in the R-1A zone provided the Planning and Zoning Commission approves such use following a public hearing which has been conducted in conformance with the provisions of Article VIII of the Ordinance.

(1)

Churches and other places of worship, Sunday school buildings, and parish houses;

(2)

Hospitals and private institutions of an educational nature, provided that such buildings shall not be located upon sites containing an area of less than 2-1/2 acres, may not occupy over 10% of the total area of the lot, or is designed in such a manner that the scale and placement of the building is found to be appropriate to the context upon application to the Planning Director, and that the building shall be set back from all yard lines a distance of not less than one foot for each foot of building height;

(3)

Recreation parks;

(4)

Family day care home with a capacity of seven or more;

D.

AREA

(1)

Every lot must have an area of not less than 6,000 square feet and a width of not less than 60 feet along the front yard setback line. This minimum lot area assumes that the lot is serviced by community utilities. If on-site water and/or sewer are used, then lot sizes required by the New Mexico Environmental Improvement Division shall apply.

(2)

Setbacks. Front—20 feet minimum; side—6 feet; rear—20 feet; Corner-10 feet.

(3)

Projections into setback area. The following structures are permitted to project into the established setback area for the lot or parcel as indicated.

(a)

Patio covers. Porch and patio covers may encroach to within five feet from the side property lines and fifteen feet from the rear property line.

1.

The setback shall be measured from the supporting posts, however, the overhang of a patio cover may not extend closer than three feet from a property line.

2.

Any patio cover extending into the established setback area for the lot or parcel may not be enclosed with any materials, including wood, metal, canvas, plastic, glass or any other screening material. An enclosed patio cover must conform to the setback standards applicable to the main dwelling.

3.

The height of the patio cover shall not exceed 12 feet.

(b)

Architectural features. Bay windows, fireplaces, roof eaves, cabinets designed to screen utility meters and similar architectural features may encroach no more than two feet into any required setback area, provided the encroachments:

1.

Remain at least three feet from the property line; and

2.

Do not increase the living space of the structure at the floor level.

(c)

Lots adjacent to open space. On any lot which adjoins a golf course, park area, common open space or similar open space, open balconies or open decks may extend up to ten feet into the required setback from the dwelling and toward the open space; provided, however that the projection extends no closer than five feet from the property line.

(d)

Unenclosed decks with floor surfaces no more than 30 inches above grade and, unenclosed porches and balconies may extend into the rear yard a distance of up to 7 feet of the required front and rear yard and 3 feet of the required side yard.

(e)

Fireproof outside stairways projecting into a minimum yard not more than 3-1/2 feet may be permitted where same are placed so as to not obstruct light and ventilation.

(f)

Mechanical equipment. Mechanical equipment such as air-conditioning units, pool filtering and heating equipment, water softeners, and similar mechanical equipment may occupy the required rear and side yard setback areas if screened from abutting lots and streets by fences, walls or landscaping, and if such mechanical equipment does not restrict the required access through such setback areas as determined by the Planning Department.

E.

OFF-STREET PARKING

Two parking spaces are required per dwelling unit. Parking spaces must be paved or all-weather in nature.

F.

HEIGHT RESTRICTIONS

(1)

No building or structure shall exceed 2 stories or 30 feet in height, whichever is less.

(2)

No accessory building shall exceed the height of the primary building.

(3)

Antennas, chimneys, flues, vents, or similar structures, shall not exceed over ten feet above the specified maximum height limit.

(4)

Water towers and mechanical equipment shall not extend over five feet above the specified maximum height limit.

(5)

Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the maximum height limit.

(6)

Satellite dishes may not exceed the permissible height of the building they are attached to, and may not have a dish diameter that exceeds 18 inches.

(7)

Ground-mounted antennas shall not exceed 12 feet in height and shall be screened from view from public rights-of-way by structures or landscaping.

(Ord. No. 666, § 2, 7-3-07)

Section 403 - R-1 SINGLE FAMILY RESIDENTIAL ZONE

1. INTENT AND PURPOSE

This zone is intended to provide for the development of single family homes when all public utilities are immediately available or can be readily obtained. It is also intended in this zone that a low density of population be maintained.

2. USES PERMITTED

Buildings and premises in the R-1 zone shall be used for the following purposes only:

Single family dwellings.

Mobile homes, of a minimum size of 12 feet by 50 feet, used as a single family dwelling. Before placement in such zone, however, each mobile home shall be checked by the City Manager, or his designee, to determine if the mobile home is structurally sound and neat in appearance. After inspection, if the mobile home is found to be so and otherwise meets the herein requirements, then it shall be permanently affixed to the real estate. Placement as herein provided shall be in lieu of and not in addition to any other structure used for dwelling or commercial purposes, and each mobile home so placed shall be in compliance with all requirements of the building, plumbing, sanitary, health and zoning ordinance and laws of the City of Portales and the State of New Mexico and of any agency or department thereof, and shall be properly connected with the public water supply and the sanitary sewer system of the City, and located within the required building set back lines and any other applicable provisions of this Ordinance.

Guest house, not containing any cooking facilities, and not rented or otherwise conducted as a business, provided the lot or parcel on which the main building is located contains a net area of not less than ten thousand (10,000) square feet.

Home occupations, provided the following conditions are complied with:

a.

No person outside the immediate family occupying the premises shall be employed.

b.

No stock in trade shall be displayed on the premises and only products resulting from the home occupation may be sold from the premises.

c.

Only one (1) occupation shall be permitted on the premises at any one time.

d.

All activities shall be conducted entirely within the dwelling.

e.

One and only one (1) unlighted sign, having a maximum area of two (2) square feet and identifying the occupant and home occupation shall be permitted on the premises.

f.

There shall be no external evidence of the activity such as commercial vehicles, outside storage of stock or materials; and no noise, odor, dust, fumes, or other nuisances shall be emitted from the premises.

Accessory uses customarily incidental to the uses listed above.

One and only one (1) unlighted sign not to exceed one (1) square foot in area and containing only the name and address of the occupant of the premises.

3. USES REQUIRING SPECIAL USE PERMITS

Special or unclassified uses as defined in Sections 170 and 171 of this Ordinance shall be permitted in the R-1 Zone, provided the Planning Commission approves such use following a public hearing which has been conducted in conformance with the provisions of Article VIII of the Ordinance.

4. DEVELOPMENT STANDARDS

a.

LOT AREA

Each lot in the R-1 Zone shall contain a minimum area of not less than six thousand (6,000) square feet.

b.

LOT DIMENSIONS

Subject to the minimum area required in subparagraph (a) above, each lot in the R-1 Zone shall have a minimum width of sixty (60) feet.

Each lot in the R-1 Zone shall have a minimum depth of one hundred (100) feet.

c.

POPULATION DENSITY

There shall be a minimum of six thousand (6,000) square feet of lot area for each dwelling unit in the R-1 Zone.

d.

YARDS

1.

Front: Each lot or parcel of land shall have a front yard extending across the full width of the lot to have a minimum depth of twenty (20) feet as measured at right angles to the front property line.

2.

Side: There shall be a side yard on each side of a lot or parcel extending from the front yard to the rear yard, and open from the ground to the key, said yard to have a minimum width of not less than six (6) feet.

3.

Rear: There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than twenty (20) feet. No part of an alley may be used as a rear yard.

e.

HEIGHT LIMITATIONS

The height of buildings or structures in the R-1 zone shall not exceed thirty-five (35) feet, except as provided in Section 200 of this Ordinance.

(Ord. No. 430, § 7, 9-6-77; Ord. No. 669, 10-2-07)

Section 404 - R-2 MULTI-FAMILY RESIDENTIAL ZONE

1. INTENT AND PURPOSE

The purpose of this zone is to permit the development of multi-family dwellings in appropriate areas, thus allowing a higher density of population than in the single-family zone, but still maintaining a residential environment.

2. USES PERMITTED

Buildings and premises in the R-2 zone shall be used for the following purposes only:

Single-family dwellings, as specified for the R-1 zone.

Multi-family dwellings, including duplexes, triplexes, apartment houses, garden apartments, etc., but, not including motels, hotels, or other types of multi-family dwellings generally associated with a commercial enterprise; provided no mobile home or prefabricated metal structure shall be used for dwelling purposes unless in an R-2 zone combined with an MH zone.

Fraternity and sorority houses.

3. USES REQUIRING SPECIAL USE PERMITS

Same as listed in R-1 zone with the addition of Mobile Home Parks, provided the following conditions are complied with:

a.

The minimum area for any trailer park shall be not less than one (1) acre.

b.

The area for each trailer shall be not less than fifteen hundred (1,500) square feet with a minimum width of thirty (30) feet.

c.

Spacing between trailers shall be not less than fifteen (15) feet, whether said trailers are placed side by side or end to end.

d.

The distance between any trailer and any building within the trailer park limits shall be a minimum of twenty (20) feet.

e.

The distance between any trailer and the property line of the trailer park shall be a minimum of twenty (20) feet.

f.

The distance between any trailer and the front property line of the trailer park shall be a minimum of twenty-five (25) feet.

g.

The trailer park shall have a main entrance on a state or federal highway, or a major arterial street.

h.

There shall be at least one (1) off-street parking space for each trailer or dwelling on the trailer park premises.

i.

Any area accessible to motor vehicles shall be surfaced with gravel, oil, or other high-type paving.

j.

All trailer sites shall be kept graded, drained, and free of rubbish and litter.

k.

Home occupations, subject to the same conditions specified in the R-1 zone.

l.

Accessory uses customarily incidental to the uses listed above.

m.

Approval of overall development plan and implementation thereof, as specified in Section 409 of this Ordinance.

4. DEVELOPMENT STANDARDS

a.

LOT AREA

Each lot or parcel of land in the R-2 zone shall have not less than six thousand (6,000) square feet.

b.

LOT DIMENSIONS

Each lot or parcel of land shall have a minimum width of not less than sixty (60) feet.

Each lot or parcel of land shall have a minimum depth of not less than one hundred (100) feet.

c.

POPULATION DENSITY

There shall be a minimum lot area of twelve hundred (1,200) square feet for each ground floor dwelling unit.

d.

YARDS

1.

Front: Each lot or parcel of land shall have a front yard extending across the full width of the lot, said yard to have a depth of not less than fifteen (15) feet as measured at right angles to the front property line.

2.

Side: There shall be a side yard on each side of the lot extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard to be not less than five (5) feet in width.

3.

Rear: There shall be a rear yard on each lot extending across the full width of the lot, said rear yard to have a depth of not less than fifteen (15) feet, exclusive of any alley.

e.

HEIGHT LIMITATIONS

No building or structure in the R-2 zone shall have a height of more than five (5) stories or sixty (60) feet, whichever is less.

Section 405 - C-1 NEIGHBORHOOD COMMERCIAL ZONE

1. INTENT AND PURPOSE

This zone is intended to provide for the development of limited commercial enterprises in the neighborhood areas in which they are situated in order to supply convenience goods and services to the residents of these neighborhood areas.

2. USES PERMITTED

Buildings and premises in the C-1 zone shall be used for the following purposes only:

Single Family Dwellings, as specified for the R-1 Zone.

Multi-Family Dwellings, as specified for the R-2 Zone.

Trailer parks, provided the conditions for trailer park development specified in the R-2 Zone are complied with.

Retail services uses as follows:

Art or Antique shops, provided that all activities shall be conducted within a completely enclosed building and no outdoor storage shall be permitted.

Appliance stores, household.

Bakery goods shops or confectionery stores wherein a majority of the products are sold on the premises and at retail.

Banks and financial institutions.

Barber shops, beauty shops, shoeshine stands or other such personal service establishments.

Book or stationery stores.

Book binding.

Cleaning (clothes) agencies or clothes pressing establishments, provided it complies with the following requirements:

a.

Inflammable or combustible materials shall not be used in any cleaning process.

b.

All activities shall be conducted within a completely enclosed building and no out-door storage shall be permitted.

c.

Such agency or establishment shall be operated principally as a retail business.

d.

That portion of the building in which any cleaning process shall be done at least fifty (50) feet from any R-1 or R-2 dwelling or any building which is a conforming use.

Cleaning and dyeing agencies, including incidental spotting, sponging, pressing and repairs.

Clinics, medical and dental.

Clothing stores.

Coin dealers.

Department stores.

Drug stores.

Dry Goods stores.

Employment agencies.

Florist shops.

Furniture stores.

Gift shops.

Grocery, meat market and delicatessen.

Hobby supply shops.

Interior decorator shops.

Jewelry stores.

Laundries, self service.

Laundry agencies, washateria, coin operated laundries.

Leather good stores.

Locksmiths shops.

Millinery shops.

Music stores.

News stands.

Notions stores.

Paint, wallpaper stores.

Parking lots, including lot operated for profit and licensed as a separate enterprise.

Pet shops, pet supply stores.

Pharmacies.

Photography studios.

Restaurants, cafes and other eating establishments.

Real estate offices.

Shoe repair shops.

Shoe stores.

Sporting good stores.

Variety stores.

Offices, business and professional.

Service stations for automobiles, including sale of liquified petroleum gas for consumption, but not for resale, provided it complies with the following requirements:

a.

Any tube or tire repairing, battery charging or the like shall be conducted within a completely enclosed building.

b.

There shall be no outside storage of any kind.

c.

If any lubricating or washing is done outside a building, a solid wall or fence or a compact evergreen hedge at least six (6) feet high shall be maintained between such activity and any abutting or contiguous R-1 or R-2 Zone.

Tailor shops.

Theaters.

Tobacco shops.

Typewriter and other office equipment sales and repair shops.
(Ord. No. 392, § 23, 8-7-73)

3. USES REQUIRING SPECIAL USE PERMIT

Same as those listed in R-2 zone, with the addition of package liquor stores.

4. DEVELOPMENT STANDARDS

a.

LOT AREA

None required, except that any lot or parcel in the C-1 zone which is proposed to be developed to single family or multi-family dwellings shall have a minimum area of six thousand square feet.

b.

LOT DIMENSIONS

Width: No minimum required, except that any parcel proposed to be used for single family dwellings or multi-family dwellings shall have the minimum width required for the R-1 zone or the R-2 zone, as the case may be.

Depth: No minimum required, except any parcel proposed to be used for single family dwellings or multi-family dwellings shall have the minimum depth required for the R-1 zone or the R-2 zone, as the case may be.

c.

POPULATION DENSITY

When lots or parcels in a C-1 zone are to be developed for single family dwellings or multi-family dwellings, each lot shall have sufficient area to meet the area requirements of the respective zones.

d.

YARDS:

a.

When a lot or parcel in the C-1 zone is proposed to be developed to single family dwellings or multi-family dwellings, yard requirements for the R-1 zone or R-2 zone, as the case may be, shall prevail.

b.

When a lot or parcel in the C-1 zone is proposed to be developed to a permitted commercial use and said lot or parcel is adjacent to a residential zone; the yard requirements of the adjacent residential zone shall prevail on the C-1 lot or parcel.

c.

Otherwise, no yards are required.

e.

OFF-STREET PARKING

See Section 196 of this Ordinance.

f.

LOADING

Every commercial building hereafter erected or established in a C-1 zone shall have and maintain off-street loading and un-loading area for the convenience of motor vehicles providing service to the commercial use so established.

g.

HEIGHT LIMITATIONS

No building or structure erected in the C-1 zone shall have a height greater than two (2) stories or thirty (30) feet, whichever is less.

Section 406 - C-2 GENERAL COMMERCIAL ZONE

1. INTENT AND PURPOSE

This zone is intended to permit the development of unlimited commercial uses and services and to serve as the central trading area of the City. The facilities provided for here are those that cannot and should not be dispersed into the smaller and more intimate shopping areas.

2. USES PERMITTED

Buildings and premises in the C-2 Zone shall be used for the following purposes only:

Any use permitted in the C-1 Zone.

Auction houses, not including animal auctions.

Automobile laundry, carwash.

Automobile, truck, and trailer sales and rental agencies, new and used, repair garages automobiles, trucks, boats and related items.

Automobile supply stores.

Bicycle, scooter and similar vehicle sale and rental.

Billiard and pool halls.

Boat and other marine sales.

Bowling alleys.

Dance Halls.

Equipment rental agencies.

Feed and grain stores.

Hardware stores.

Hotels.

Mortuaries.

Motels.

Plumbing shops but not plumbing contractors yards.

Poultry markets, not including slaughtering.

Printers and/or publishers.

Schools, business, professional and trade.

Second-hand stores.

Station, bus, railroad and taxi.

Transfer companies for furniture and household goods.

(Ord. No. 392, § 24, 8-7-73)

3. USES REQUIRING SPECIAL USE PERMITS

Same as those listed in C-1 zone, with the addition of bars and cocktail lounges.

4. DEVELOPMENT STANDARDS

a.

LOT AREA

No minimum required except that any lot or parcel in the C-2 zone which is proposed to be developed for single family dwellings or multi-family dwellings shall have the minimum area specified for the R-1 zone or the R-2 zone, as the case may be.

b.

LOT DIMENSIONS

No minimum required except that any lot or parcel in the C-2 zone which is proposed to be developed to single family or multi-family dwellings shall have the minimum lot dimensions as specified in the R-1 or R-2 zone, as the case may be.

c.

POPULATION DENSITY

None except that any lot or parcel in the C-2 zone which is proposed to be developed for single family or multi-family dwellings shall have the minimum area specified in the R-1 or R-2 zone, as the case may be.

d.

DEVELOPMENT STANDARDS

1.

YARDS: None required except where a lot or parcel in the C-2 zone is adjacent to a residential zone, the required yards in the residential zone, shall prevail on the adjacent commercial lot or parcel.

2.

OFF-STREET PARKING: See Section 196 of this Ordinance.

3.

LOADING: Every commercial building hereafter erected or established in the C-2 zone shall have and maintain an off-street loading and un-loading area for the convenience of motor vehicles providing services to the commercial use so established.

e.

HEIGHT LIMIT

No building or structure erected in the C-2 zone shall have height greater than five (5) stories or sixty (60) feet, whichever is less.

Section 407 - M-1 LIGHT MANUFACTURING ZONE

1. INTENT AND PURPOSE

The Light Manufacturing Zone is intended to provide for the development of industrial uses which include fabrication, manufacturing, assembling or processing of materials that are in a processed form and which do not in their maintenance, assembly, manufacture, or plant operation create smoke, gas, odor, dust, sound, vibration, soot, or lighting to any degree which might be termed obnoxious or offensive to persons residing in or conducting business in either this or any other zoning district of the City.

2. USES PERMITTED

Buildings and premises in the M-1 zone shall be used for the following purposes only:

Any use permitted in the C-2 zone.

Automotive assembly, rebuilding or reconditioning.

Automotive screw machines.

Bakery goods.

Battery manufacturing.

Blacksmith shops.

Body and fender shops.

Bottling plants.

Building materials storage yards.

Cabinet and carpenter shops.

Candy manufacturing.

Ceramic products manufacturing using only previously pulverized clay and fired in only electric or gas operated kilns.

Dairy products manufacturing and processing.

Food products processing (excluding fish and meat products, sauerkraut, vinegar, and rendering of fats and oils).

Feed and fuel yards.

Garment manufacturing.

Lumber yards.

Machine and Metal shops.

Manufacturing, compounding, assembly and treatment of articles or merchandise from previously prepared materials such as (but not limited to) bone, cloth, fiber, glass, hair, horns, leather, metal, paper, plastics, textiles, wood, or yarn.

Paint manufacturing.

Rubber and metal stamp manufacturing.

Shoe manufacturing.

Stone monument work.

Service industries such as carpet and rug cleaning plants, cleaning and dyeing plants, laundries, etc.

Transportation and equipment yard and storage space for transit, including truck terminal and truck repair area.

Tire retreading, recapping and rebuilding.

Warehousing and heavy commercial or wholesale activity.

3. USES REQUIRING SPECIAL USE PERMIT

Same as those listed in C-2 zone.

4. DEVELOPMENT STANDARDS

a.

LOT AREA

No minimum required except that any lot or parcel in the M-1 zone which is proposed to be developed for single family or multi-family dwellings shall have the minimum area as specified for the R-1 or R-2 zones, as the case may be.

b.

LOT DIMENSIONS

No minimum required except that any lot or parcel in the M-1 zone which is proposed to be developed for single family or multi-family dwellings, shall conform to the minimum width and minimum depth as specified in the R-1 or R-2 zones, as the case may be.

c.

POPULATION DENSITY

None except that any lot or parcel in an M-1 zone which is proposed to be developed for single family or multi-family dwellings shall have the minimum area specified in the R-1 or R-2 zones, as the case may be.

d.

YARDS

1.

Front: There shall be a front yard of not less than twenty-five (25) feet extending across the full width of the lot or parcel. Said front yard may be used for off-street parking except where a portion of the block frontage is used for residential purposes, in which case said front yard, within fifty (50) feet of the residential use, shall be landscaped with appropriate plant material.

2.

Side: None required except where abutting a residential zone, when a minimum side yard of twenty-five (25) feet shall be required. Such side yard may be used for off-street parking or the open storage of materials provided a six (6) foot wall, fence, or hedge, is erected along the property line adjacent to the residential zone.

3.

Rear: Same as side yard requirements specified above for this zone.

e.

HEIGHT LIMITATIONS

None

f.

OFF-STREET PARKING

See Section 196 of this Ordinance.

g.

LOADING

Every industrial building or use hereafter erected or established in the M-1 zone shall have and maintain an off-street loading and unloading area for the convenience of motor vehicles providing services to the industrial use so established.

Section 408 - M-2 HEAVY MANUFACTURING ZONE

1. INTENT AND PURPOSE

The M-2 Heavy Manufacturing Zone is intended to provide for the establishment of various industrial uses considered by the City Council to be essential to the development of a balanced economic base for the City.

2. USES PERMITTED

Buildings and premises in the M-2 zone shall be used for the following purposes only:

Any use permitted in the M-1 zone.

Automobile wrecking yards, provided the area shall be enclosed by a solid wall or fence at least six (6) feet high, and shall be at least one hundred fifty (150) feet from any residential or commercial zone. No material shall be stacked to a height exceeding the height of the wall or fence surrounding it.

Batching plants, cement, asphalt, etc.

Brick manufacturing plants.

Cement or concrete products manufacturing.

Foundry.

Garbage or refuse disposal or dumping.

Livestock auction yards.

Meat Packing Plants.

Rock crushing plants.

Salvage yards.

Slaughter houses.

Stockyards or feeding pens.

3. USES REQUIRING SPECIAL USE PERMIT

Same as those listed in C-2 zone.

4. DEVELOPMENT STANDARDS

Same as the M-1 zone.

Section 409 - PZ—PLANNED UNIT ZONE

1. INTENT AND PURPOSE

This zone is intended to permit the development of large parcels of undeveloped land to residential, commercial, industrial and recreational uses in an orderly manner, and in such a way as to create an integrated development within the boundaries of the land being developed.

2. DEVELOPMENT PLAN REQUIRED

In order to develop land in conformance with the provisions of this Section, the owner or owners of land containing an area of one and one-half (1½) acres, including public right-of-ways, or more, shall submit to the City Council a complete and detailed plan of the proposed development. Such a plan shall be designated as the "Development Plan." (Ord. No. 513, § 2, 12-16-86)

3. INFORMATION REQUIRED ON PLAN

The "Development Plan" to be submitted to the City Council shall contain the following information:

a.

Scale and north point.

b.

Location of property.

c.

Surveyed boundaries of the area proposed.

d.

Existing and proposed topography with contour intervals of not more than two (2) foot intervals.

e.

Size, location, height and arrangement of proposed structures, signs or use, design of pedestrian and vehicular circulation, including location of entrances and exit driveways, and their relation to existing and proposed streets.

f.

Proposed grading, drainage facilities, and landscaped areas.

g.

Areas subject to inundation and proposed method of treatment or correction of flooding problems, and

h.

Existing development of adjacent properties within three hundred (300) feet of the proposed development, including the location, type and use of buildings and structures.

4. USES PERMITTED

The following uses shall be permitted in the PZ zone subject to approval of the Development Plan by the Planning Commission and the City Council.

Single family dwellings.

Multiple dwellings.

Commercial uses necessary to provide the day-to-day shopping needs and services of the neighborhood.

Recreational use, public or private.

Light industry.

Mobile home park.

5. USES REQUIRING SPECIAL USE PERMITS

Special Use Permits for uses listed in C-2 zone may be issued in the PZ zone only if the proposed use requiring such a permit is specifically shown by location and size on the original "Development Plan."

6. DEVELOPMENT STANDARDS

a.

Residential.

No requirements other than those shown on the approved "Development Plan."

b.

Commercial.

No requirements other than those shown on the approved "Development Plan."

c.

Recreational uses.

No requirements other than as shown on the approved "Development Plan."

7. PLANNING COMMISSION ACTION REQUIRED

The City Council shall submit the "Development Plan" to the Planning Commission for review and recommendation. The Commission shall have thirty (30) days to investigate the proposed plan and submit a report thereon. If the Commission does not report in thirty (30) days, the Council may assume that the Plan is approved by the Commission.

8. COUNCIL ACTION

If the Planning Commission reports to the Council that:

a.

The "Development Plan provides sites for major streets, schools, parks, public buildings and other facilities in conformance with the Comprehensive Plan,

b.

The "Development Plan" is in the best interest of the City,

c.

Adjacent properties will not be adversely affected; and

d.

The "Development Plan" is consistent with the public interest and purposes of this Ordinance; the City Council may, after public hearing, approve the Plan and building and occupancy permits may be issued to carry out the approved plan even though it may not conform to all other regulations of this Ordinance.

9. LENGTH OF TIME

Approval of the "Development Plan" Granting of PZ zone shall be premised on the fact that proposed development shall be commenced within one (1) year of approval by the City Council. In the event that work on said development has not commenced within the specified period, said action shall be subject to reconsideration by the Planning Commission and City Council.

Section 410 - RURAL AGRICULTURAL ZONE

1. INTENT AND PURPOSE

This zone is intended to protect, stabilize, and enhance the development of agricultural resources and to prohibit development which would detract from the unique open and rural characteristics of the area. Low density single family dwellings, including mobile homes, are permitted, along with typical farming, ranching, and related activities.

2. USES PERMITTED

Buildings and premises in RA Zone shall be used for the following purposes only:

A.

One-size family dwelling per lot or one (1) mobile home per lot.

B.

Structures such as private workshops, storage, recreation, hobby, greenhouses, accessory living quarters or for the keeping or housing of domestic animals and/or agricultural products. When detached from the main dwellings, such structures are subject to the provisions of accessory buildings.

C.

Home occupations.

D.

Telecommunication towers and all other free standing towers (public or private)[;] towers shall have manufacturer's specifications to withstand a seventy-five (75) mph wind and shall be constructed to meet UBC standards.

E.

Windmills subject to the same construction standards as telecommunication towers.

F.

Parks, open space, and public utilities.

G.

Agricultural activity provided the lot has an area of at least one (1) acre:

1.

Stand for display or sale of agricultural products provided the number of stands is limited to one (1) for each lot and that the size of the stand does not exceed four hundred (400) square feet of floor space and when products are raised on the premises.

2.

Animals such as cattle, horses, pigs, sheep, and goats for commercial purposes provided that one (1) head of cattle or horses does not exceed one (1) for each four thousand (4,000) square feet or equivalent combination. All livestock and poultry shall be kept in such a manner as not to constitute a nuisance, through violation of the following regulations:

a.

Offensive noise, odor or dust shall be effectively controlled;

b.

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

c.

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

H.

Commercial and non-commercial raising of crops provided there is no nuisance to neighboring property due to odor, dust, fertilizers, herbicides, and noise. Uses shall be at least one hundred (100) feet from an adjacent property.

3. USES REQUIRING SPECIAL USE PERMITS

Special or unclassified uses as defined in Sections 170 and 171 of this Ordinance shall be permitted in the Rural Agricultural Zone, provided the Planning Commission approves such use following a public hearing which has been conducted in conformance with the provisions of Article VIII of the Ordinance.

Conditional Uses (requiring special use permit) include:

A.

Rodeo arenas

B.

Livestock sales

C.

Veterinarian clinics

4. DEVELOPMENT STANDARDS

A.

Lot Area—Every lot must have an area of at least one (1) acre with a width of at least one hundred (100) feet along the front yard setback line; one (1) front yard having a depth of at least fifty (50) feet; two (2) side yards having widths of at least twenty-five (25) feet and one (1) rear yard having a depth of at least fifty (50) feet.

Minimum lot area ..... 1 acre (43,560 sq. ft.)
Minimum lot frontage ..... 100 feet
Minimum front depth ..... 50 feet
Minimum side setback ..... 25 feet
Minimum rear depth ..... 50 feet

 

A lot or parcel of land which has less area or width than that herein required and which was held under separate ownership or was on record prior to the adoption date of this article [section], may be occupied by any use permitted in this zone.

B.

Lot Dimensions.

C.

Population Density—Density shall be limited to one (1) dwelling unit per acre.

D.

Development Standards.

1.

Off-street parking must be commensurate to use proposed.

2.

Loading—Appropriate for the use.

3.

Height Limit—The height of buildings or structures in the RA Zone shall not exceed two (2) stories or thirty (30) feet, whichever is less, except as provided in Section 200 of this Ordinance.

(Ord. No. 607, § III, 6-16-98)

Section 411 - USE RESTRICTION AND USES NOT LISTED

a.

When any use is specified as a permissive use in any zone, said use shall not be permitted in a more restrictive zone unless and until the City Council, following a recommendation by the Planning Commission, conducts a public hearing on the matter and amends this Ordinance to permit the use in question to become a permissive use in the more restrictive zone. In no event shall a commercial or industrial use be permitted in the residential zones nor shall an industrial use be permitted in the commercial zone.

b.

In the event that a use is proposed in any zone which is not specifically listed in the "USES PERMITTED" paragraphs of the various zones, said proposed use shall not be permitted in the proposed zone unless and until the City Council, upon the recommendations of the Planning Commission, conducts a public hearing thereon, and said use is approved as a permissive use in said zone and an ordinance amending this Ordinance authorizes the addition of the proposed use to the "USES PERMITTED" paragraph of the zone in question.

(Ord. No. 607, § II, 6-16-98)