All of the following uses, and all matters related thereto, are hereby declared to be uses possessing characteristics of such a uniform and special form as to make impractical their automatic inclusion in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a special use permit, provided special use permits may not be granted for a use in a zone from which it is specifically excluded by the provisions of this Article:

(1)

Airports and/or heliports.

(2)

Amusement parks, carnivals, and circuses.

(3)

Armories.

(4)

Barrow pits and quarries for rock, sand, gravel, decomposed granite or soil.

(5)

Cemeteries, provided such use is specifically excluded from R-1 Zones.

(6)

Columbariums, crematories, and mausoleums unless inside a cemetery, provided these uses are specifically excluded from R-1 Zones.

(7)

Establishments or enterprises involving large assemblages of people or automobiles as follows, provided these uses are specifically excluded from R-1 Zones:

(a)

Open air theatres.

(b)

Race tracks.

(c)

Commercial sport or recreational enterprises.

(8)

Hospitals.

(9)

Institutions for the care of the aged, aged senile, mentally or physically infirmed, and/or of eleemosynary nature, provided these uses are specifically excluded from the R-1 Zones.

(10)

Privately owned schools and educational institutions.

(11)

Public utilities or utilities operated by mutual agencies consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains.

(12)

Radio or television transmitters.

(13)

Sewage disposal plants.

(14)

Shooting ranges, including pistol, rifle, trap and skeet ranges, and archery ranges provided these uses are specifically excluded from the R-1 Zones.

(15)

Refuse and garbage dumps, provided these are specifically excluded from the R-1 Zones.

Before any special use permit shall be granted, it shall be alleged and shown that:

(a)

The proposed use is essential or desirable to the public convenience or welfare.

(b)

The proposed use will not be materially detrimental to the public welfare or injurious to other property or improvement in the same zone or vicinity.

(c)

The proposed use will not adversely affect the Official Zoning Map.

The following uses are special uses and upon issuance of a special use permit such special uses may be authorized in any zone in addition to those zones in which such special uses are specifically authorized:

(a)

Public buildings and uses owned by a County, City, Municipality, School District, or other political subdivision and operated for public purposes, provided such buildings are designed and constructed in such a manner that the character of the area is not altered.

(b)

Churches.

(c)

Elementary schools, junior high schools, high schools, and colleges, together with the necessary facilities and equipment to insure their proper operation.

(d)

Museums and libraries not operated for profit.

(e)

Public parks and playgrounds.

(f)

Day care or boarding of children.

(g)

The renting of rooms and/or the providing of table board for not to exceed six (6) paying guests in a dwelling use to that of its occupancy as a dwelling of the character permitted in the respective zone.

The provisions for front, rear, and side yards, for height and area, and for off-street parking facilities applicable to the particular zone in which any use specified in this article is proposed to be located shall prevail, unless in the special use permit authorizing such use specific exemptions are made with respect thereto.

It shall be unlawful to erect, build, place and/or construct any windmill, wind generator, wind turbine, wind tower or similar structure which, for purposes of this Ordinance, shall collectively be referred to as "wind towers", anywhere within the city limits of Portales, in excess of eight (8) feet in height unless the conditions and specifications of this section are met.

Wind tower shall be defined to include the tower, base plate, anchors, guy cables and hardware, any anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, any monitors and vanes, data logger, instrument writing and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics.

(1)

Wind towers less than thirty-five (35) feet in height. Wind towers that are greater than eight (8) feet in height but, no more than thirty-five (35) feet in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least one (1) acre in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than one hundred (100) feet, in any direction, from any adjacent property. For purposes of determining the one hundred (100) feet, the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record. Furthermore, no wind tower shall be situated within 1.1 times the total height of the wind tower of any building or other structure situated on the property. For purposes of this Ordinance, the height of the wind tower shall be measured from ground level to the highest part of the wind tower, including rotors, blades, or other attachments thereto.

(2)

Wind towers taller than thirty-five (35) feet and no greater in height than seventy (70) feet. Wind towers that are greater than thirty-five (35) feet in height but, no more than seventy (70) feet in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least five (5) acres in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than two hundred fifty (250) feet, in any direction, from any adjacent property. For purposes of determining the two hundred fifty (250) feet, the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record. Furthermore, no wind tower shall be situated within 1.1 times the total height of the wind tower of any building or other structure situated on the property. For purposes of this Ordinance, the height of the wind tower shall be measured form ground level to the highest part of the wind tower, including rotors, blades, or other attachments thereto.

(3)

No wind towers greater than seventy (70) feet in height shall be allowed or permitted upon any property located within the Portales city limits.

(4)

Any and all wind towers constructed, built or erected pursuant to this section, shall be set back a distance equal to its total height from:

(a)

Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road; and

(b)

Any overhead utility lines, unless written permission is granted by the affected utility.

(5)

Any and all wind towers in excess of eight (8) feet in height, permitted and/or allowed under this Section shall be properly anchored and secured to the ground. The entire base, or each independent leg of the wind tower must be securely anchored in concrete. The wind tower structure itself must be made out of metal or steel.

Prior to the construction and/or erection of any wind tower, a site plan must be provided to the Portales Building Inspector to determine compliance with this Ordinance. If the site plan is approved, the applicant must submit engineered plans to the Portales Building Inspector which reflect that they have been prepared by an engineer, registered in accordance with the New Mexico Engineering and Surveying Practice Act. The plan shall reflect that an engineer has designed the wind tower to handle all of the wind loads, live loads, foundation and structural support and other parts thereof, in conformance with the International Building Code. The plans must reflect that the wind tower has been designed to keep the same from blowing over, crumpling or sailing in a sustained wind of ninety (90) mph.

(6)

If the wind tower is built, constructed or erected for the purpose of producing electrical power or energy, then in addition, prior to the construction and/or erection of the same, a complete set of electrical engineering plans must also be submitted to the Portales Building Inspector showing that the wind tower is constructed and the electric generating aspect is in full compliance with any and all state, federal and local codes and regulations. Any and all electrical work on said wind tower must be performed by a licensed electrician; the generating unit must meet N.M.A.C. minimum requirements including the requirement that the unit be U.L. listed.

The City of Portales shall, upon satisfactory completion of the above, issue a building permit to the applicant allowing for the construction of said wind tower. Prior to the tower being used or tested, prior to any turbine, rotor or propeller being allowed spin or rotate, applicant must provide proof that the unit has been inspected and approved by the local electrical provider that services the property, as well as the State of New Mexico electrical inspector.

(7)

No wind tower shall be erected unless it has a governor or other restrictive device that limits and prevents the blades, propeller or arms from spinning, rotating or moving any faster or a greater rate of speed than it would normally spin in a constant twenty-five (25) mph sustained wind.

(8)

Any wind tower erected shall be maintained by the property owner in such a way as to not constitute an eye sore to the adjoining neighbors or, become a roosting place or perch for birds. The owner of the property shall maintain or otherwise insure that the wind towers are maintained to keep them and prevent them from wearing down, squeaking, or making any noise that might be offensive to neighboring properties.

(9)

Unless required by other state, federal or county rules, regulations or statutes, no wind tower shall have a light, horn or any other device on it that can been seen and/or heard by any adjoining property owners.

(10)

It shall be the property owner's responsibility to insure that the tower operates, runs and is maintained for the specific purposes set forth in the permit issued by the City of Portales. Should at any time, the wind tower cease to operate and/or function for a period of time in excess of ninety (90) days, for the purposes authorized in the permit, said wind tower shall constitute an unauthorized use upon the property and it shall be the owner's responsibility to disassemble, tear down and remove said wind tower or apply for and obtain a new permit.

(11)

Any property owner who fails to comply with the terms and conditions of this Section shall be subject to a fine in the amount of five hundred dollars ($500.00) for each and every day of non-compliance. In the event that a fine is imposed for failure to comply with the terms and provisions set forth in paragraph 9 hereinabove, the fine shall be incurred each and every day after the 90th day or if a permit is denied, each day thereafter.

(12)

The City of Portales Planning Commission shall have the authority to determine whether or not a wind tower is in violation of the terms and conditions of this Section. In addition to any fines that any be imposed under this Section, the Planning Commission can determine that a wind tower needs to be demolished, disassemble and/or torn down. In such case, notice shall be delivered to the property owner and should the property owner not tear down and/or remove the wind tower, the City of Portales shall have the authority to enter upon the property and demolish, disassemble and/or tear down said wind tower, all at the expense of the landowner. The total cost and expense of any work performed by the City of Portales, its agents, employees and/or representatives, in disassembling, tearing down or removing a wind tower shall constitute a lien as against the property and, if not paid, may be enforced or foreclosed upon as provided by statute for foreclosure or enforcement of other municipal liens.

(Ord. No. 672, § 1, 6-3-08)