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Rio Rancho City Zoning Code

ARTICLE II

ESTABLISHMENT OF DISTRICTS

§ 154.04 TABLE: DISTRICTS AND ABBREVIATIONS.

SECTIONS
ABBREVIATIONS
DISTRICTS
RESIDENTIAL ZONING DISTRICTS
154.05
E-1
Estate Residential
154.08
R-1
Single-Family Residential
154.09
R-2
Single-Family Residential
154.10
R-3
Mixed Residential
154.11
R-4
Single-Family Residential
154.12
R-5
Single-Family Residential
154.13
R-6
Multi-Family Residential
154.16
M-H
Mobile Home Residential
Sections 154.06, 154.07, 154.14, 154.15, 154.17, 154.18 are reserved
Section 154.19 Residential Land Use Table
NONRESIDENTIAL ZONING DISTRICTS
154.20
O-1
Office
154.22
NC
Neighborhood Commercial
154.24
C-1
Retail Commercial
154.25
C-2
Wholesale and Warehousing
154.28
M-1
Industrial and Business Park District
154.31
MU-A
Mixed Use Activity Center
154.32
CBD
Central Business District
154.33
BP
Business Park District
Sections 154.21, 154.23, 154.26, 154.27, 154.29, 154.30, 154.34 are reserved
Section 154.35 Nonresidential Land Use Table
OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS
154.36
A-R
Agricultural Residential
154.38
H-1
Historical Site
154.40
OS
Open Space
154.41
OZ
Overlay Zone
154.42
PR
Parks and Recreation
154.43
SU
Special Use
154.44
T-Z
Transitional Zone
Sections 154.37, 154.39, 154.46, 154.47, 154.48, 154.49 are reserved
(Ord. 18-20)

§ 154.05 E-1: ESTATE RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a very low density of population in which the principal land use is single-family dwellings.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(a) 
Except for the requirement that dwelling units face or create a presence on the address street;
(2) 
Accessory buildings or structures as defined in Article III, Section 154.70(A), including stable facilities for the housing and maintenance of horses but not to include structures for other types of domestic livestock or fowl; such stable facilities greater than 600 square feet may be exempt from using the same construction materials and having the same facade as the primary structure, but still shall be similar in color;
(3) 
Accessory living space; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(4) 
Horses are allowed by the following criteria:
(a) 
The minimum lot size required for the first horse is one acre;
(b) 
Thereafter, each additional horse shall require one-half acre per horse in addition to the minimum one acre;
(c) 
Horses must be corralled in such a manner as to keep horses a minimum of 10 feet away from any property line;
(5) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(6) 
Parks, open spaces, recreational parks, and public facilities;
(7) 
Home occupations;
(8) 
Construction trailers; as defined in Article III, Section 154.75(C);
(9) 
Temporary (emergency, construction, or repair) residences as defined in Article III, Section 154.75(C);
(10) 
Family child care facility with a capacity of six or less;
(11) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;
(12) 
Model home or sales office;
(13) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;
(14) 
Public utilities;
(15) 
Churches, other places of worship, and incidental facilities;
(16) 
Amateur radio antenna;
(17) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116;
(18) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(19) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Family child care facility with a capacity of seven or more.
(2) 
Hobby breeders and animal foster care providers as per conditions listed under the R-1 Single-Family Residential District.
(3) 
Commercial (for profit) boarding of horses as per relevant requirements listed under Chapter 116.
(4) 
Transfer of horse stable rights (TSR) permit, in accordance with Section 154.78(A), to allow neighboring properties the ability to transfer horse stabling rights (TSRs) between properties, provided:
(a) 
Properties transferring horse stabling rights must be abutting one another or within 1,000 feet of each other as measured in a straight line between property lines, providing if the properties are not abutting each other the applicant must also submit a letter of no objection for the transfer from the receiving properties abutting neighbors;
(b) 
The receiving property must have a minimum of 15,000 square feet of property area for each horse, above the initial one-acre minimum;
(c) 
The property sending the horse rights must have a platted or described acreage in excess of one and one-half acres (65,340 square feet);
(d) 
The property sending or granting the horse stabling rights severs all rights to horse stabling on their property for the length of the agreement with the receiving property;
(e) 
The property owner sending or granting the horse rights may end or cancel the transfer of horse stabling rights agreement with a minimum one-year notice to the receiving horse rights property owner, and a copy of such notice delivered to the City Development Services Director or designee;
(f) 
The receiving property owner can only receive horse ownership rights from one donating property;
(g) 
A receiving property cannot also be a sending property; and
(h) 
For purposes of implementing this subsection (C)(4), a “horse” is defined as any domesticated, equine mammal, including mules and burros.
(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 21-15; Am. Ord. 24-24)

§ 154.08 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a low density of population in which the primary land use is a single-family dwelling unit.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(2) 
Accessory buildings or structures, as defined in Article III, Section 154.70(A);
(3) 
Accessory living space, as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(4) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Home occupations;
(7) 
Construction trailers, as defined in Article III, Section 154.75(C);
(8) 
Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);
(9) 
Family child care facility with a capacity of six or less;
(10) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;
(11) 
Model home or sales office, as defined in Article III, Section 154.75(A);
(12) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;
(13) 
Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;
(14) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(15) 
Amateur radio antenna;
(16) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(17) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 24-24)

§ 154.09 R-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a moderate density of population in which the principal use is single-family dwelling units.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(2) 
Accessory buildings or structures, as defined in Article III, Section 154.70(A);
(3) 
Accessory living space as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(4) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Home occupations;
(7) 
Construction trailers, as defined in Article III, Section 154.75(C);
(8) 
Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);
(9) 
Family child care facility with a capacity of six or less;
(10) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;
(11) 
Model home or sales office, as defined in Article III, Section 154.75(A);
(12) 
Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120;
(13) 
Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;
(14) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(15) 
Amateur radio antenna;
(16) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(17) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 24-24)

§ 154.10 R-3: MIXED RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a moderate density of population in which the principal use is single-family attached or detached townhome or patio home dwelling units or for small-scale multi-family units.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Section 154.60;
(2) 
Single-family attached or detached dwelling units; provided such dwelling unit(s) meets the design standards of Article III, Section 154.60;
(3) 
Townhome, patio home, or similar development provided all city regulations are met;
(4) 
Accessory buildings or structures, as defined in Section 154.70(A);
(5) 
Accessory living space as defined in Sections 154.03 and 154.70(A);
(6) 
Noncommercial gardens, swimming pools, tennis courts, and greenhouses;
(7) 
Parks, open spaces, recreational parks, and public facilities;
(8) 
Home occupations;
(9) 
Construction trailers, as defined in Section 154.75(C);
(10) 
Temporary (emergency, construction, or repair) residences, as defined in Section 154.75(C);
(11) 
Family child care facility with a capacity of six or less;
(12) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both.
(13) 
Model home or sales office, as defined in Section 154.75(A);
(14) 
Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120;
(15) 
Public utilities; including electric facilities including, but not limited to, substations, switching stations and generation;
(16) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(17) 
Amateur radio antenna;
(18) 
Accessory dwelling unit; as defined in Sections 154.03 and 154.70(A);
(19) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospital and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Community residential care facility up to 18 persons, including any staff residents, providing all city regulations are met;
(4) 
Senior transitional care facilities, senior living facility, and/or other similar facilities up to 35 dwelling units per acre and up to 50 feet in height;
(5) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116; provided the lot has an area appropriate to the type and size of the animals being bred;
(6) 
Multifamily dwellings, provided there are not more than 26 units per acre, with the site plan reviewed and approved by the Governing Body.
(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 21-15; Am. Ord. 24-24; Am. Ord. 25-02)

§ 154.11 R-4: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a moderate density of population in which the principal use is single-family dwelling units.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(2) 
Accessory buildings or structures, as defined in Article III, Section 154.70(A);
(3) 
Accessory living space, as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(4) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Home occupations;
(7) 
Construction trailers, as defined in Article III, Section 154.75(C);
(8) 
Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);
(9) 
Family child care facility with a capacity of six or less;
(10) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;
(11) 
Model home or sales office, as defined in Article III, Section 154.75(A);
(12) 
Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120;
(13) 
Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;
(14) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(15) 
Amateur radio antenna;
(16) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(17) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 24-24)

§ 154.12 R-5: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a moderately high density of population in which the principal use is single-family dwelling units.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(2) 
Accessory buildings or structures, as defined in Article III, Section 154.70(A);
(3) 
Accessory living space, as defined in Article I, Section 154.03 and Article III, Section 154.70 (A);
(4) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Home occupations;
(7) 
Construction trailers, as defined in Article III, Section 154.75(C);
(8) 
Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);
(9) 
Family child care facility with a capacity of six or less;
(10) 
Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;
(11) 
Model home or sales office, as defined in Article III, 154.75(A);
(12) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;
(13) 
Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;
(14) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(15) 
Amateur radio antenna;
(16) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);
(17) 
Short-term rental unit, as defined and regulated in Chapter 123.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 24-24)

§ 154.13 R-6: MULTI-FAMILY RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a high density of population in which the principal use is multi-family dwelling units.
(B) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Section 154.60;
(2) 
Single-family attached or detached dwelling units; provided such dwelling units meet the design standards of Section 154.60;
(3) 
Multiple-family dwelling units for sale or rent that are attached are allowed up to a density of 50 dwelling units/acre;
(4) 
Senior transitional care or living facilities allowed up to a density of 50 dwelling units/acre;
(5) 
Townhome, patio home, or similar development provided all city regulations are met;
(6) 
Accessory buildings or structures, as defined in Section 154.70(A);
(7) 
Accessory living space; as defined in Sections 154.03 and 154.70(A);
(8) 
Noncommercial gardens, swimming pools, tennis courts, and greenhouses;
(9) 
Parks, open spaces, recreational parks, and public facilities;
(10) 
Home occupations;
(11) 
Construction trailers, as defined in Section 154.75(C);
(12) 
Temporary (emergency, construction, and repair) residences, as defined in Section 154.75(C);
(13) 
Family child care facility with a capacity of six or less;
(14) 
Second kitchen;
(15) 
Model home or sales office, as defined in Section 154.75(A);
(16) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;
(17) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(18) 
Amateur radio antenna;
(19) 
Public utilities, electric facilities including, but not limited to, substations, switching stations and generation;
(20) 
Accessory dwelling unit; as defined in Sections 154.03 and 154.70(A).
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116;
(4) 
Community residential care facility up to 18 persons, including any staff residents, providing all city regulations are met.
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 25-02)

§ 154.16 M-H: MOBILE HOME RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits a low density of population in which the principal use is a mobile home dwelling.
(B) 
Permissive uses.
(1) 
One mobile home per lot;
(2) 
Accessory buildings or structures but not to include structures for domestic livestock or fowl;
(3) 
Noncommercial gardens, swimming pools, and tennis courts;
(4) 
Parks, open spaces, and public utilities; and
(5) 
Churches and other places of worship, Sunday school buildings, and parish houses.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and private institutions of an educational nature;
(2) 
Family child care facility with a capacity of seven or more;
(3) 
Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.
(Ord. 18-20)

§ 154.19 RESIDENTIAL LAND USE TABLE.

P = PERMITTED
CU = CONDITIONAL USE
BLANK = NOT PERMITTED
(See Secs. 154.05 to 154.16)
There may be uses not listed in the table that can be permitted under the SU District. There may be additional conditions not listed in the table. Please refer to the specific zoning district for details relating to the land uses listed below.
LAND USES
E-1
R-1
R-2
R-3
R-4
R-5
R-6
M-H
Accessory dwelling unit
P
P
P
P
P
P
P
 
Accessory structure
P
P
P
P
P
P
P
P
Accessory living space
P
P
P
P
P
P
P
 
Amateur radio antenna
P
P
P
P
P
P
P
 
Churches, other places of worship, Sunday school and parish house
P
P
P
P
P
P
P
P
Commercial horse boarding
CU
 
 
 
 
 
 
 
Community residential care facilities, 10 or less
P
P
P
P
P
P
P
 
Community residential care facilities, up to 18
 
 
 
CU
 
 
CU
 
Construction trailers
P
P
P
P
P
P
P
 
Family child care facility, with a capacity of 6 of less
P
P
P
P
P
P
P
 
Family child care facility, with a capacity of 7 or more
CU
CU
CU
CU
CU
CU
CU
CU
Hobby breeders or animal foster care providers
P
CU
CU
CU
CU
CU
CU
CU
Home occupations
P
P
P
P
P
P
P
 
Hospitals and private institutions of an educational nature
 
CU
CU
CU
CU
CU
CU
CU
Mobile home
 
 
 
 
 
 
 
P
Model home or sales office
P
P
P
P
P
P
P
 
Multi-family dwelling unit
 
 
 
CU
 
 
P
 
Noncommercial gardens, swimming pools, tennis courts
P
P
P
P
P
P
P
P
Parks, open spaces, recreational parks, and public facilities (civic)
P
P
P
P
P
P
P
P
Public utilities, including electric facilities
P
P
P
P
P
P
P
 
Second kitchen
P
P
P
P
P
P
P
 
Senior transitional care facilities, senior living facility
 
 
 
CU
 
 
 
 
Short-term rentals
P
P
P
P
P
P
 
 
Single-family dwelling unit
P
P
P
P
P
P
P
 
Temporary, emergency, construction, and repair residences
P
P
P
P
P
P
P
 
Transfer of horse stable rights
CU
 
 
 
 
 
 
 
(Ord. 18-20; Am. Ord. 21-15; Am. Ord. 22-20; Am. Ord. 24-24; Am. Ord. 25-02)

§ 154.20 O-1: OFFICE DISTRICT.

(A) 
Purpose. This district permits office uses. This district may act as a buffer between residential property and more intensive nonresidential uses or may be located adjacent to any other use. No noise, odor or vibration shall be emitted which would cause a negative impact on the adjacent residential district. Such comparison shall be made at the property line.
(B) 
Permissive uses.
(1) 
Amateur radio antenna, up to 65 feet in height from grade;
(2) 
Banks and other financial institutions;
(3) 
Churches, Sunday school and parish house, incidental facilities;
(4) 
Clubhouses, fraternal organization, non-profit public service;
(5) 
Coffee shop, cafe, newsstand; provided, that the business is incidental within a building or on a site owned in common with a primary office use;
(6) 
Fire stations, police stations and other public buildings;
(7) 
Hospitals and private institutions of an educational nature and similar institutions;
(8) 
Libraries, museums, cultural institutions;
(9) 
Manager/caretaker residential uses within the structure;
(10) 
Medical supplies and services, drug prescription, prosthetic supplies and dental/medical lab;
(11) 
Nursery schools and daycare facilities;
(12) 
Offices and office buildings;
(13) 
Park and ride facilities, parking lots, garages;
(14) 
Personal services – beauty/barber shops, fitness centers, laundry/dry cleaning, tailor/dressmaking, shoe repair, tanning/manicure salon;
(15) 
Public facilities;
(16) 
Public utilities/electric facilities;
(17) 
Radio or television studios;
(18) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities; provided, that the business is incidental within a building or on a site owned in common with a primary office use;
(19) 
Schools, public, K-12;
(20) 
Senior transitional care facility;
(21) 
Storage structure or yard for equipment.
(a) 
Outdoor equipment shall be stored behind a six-foot solid wall; and
(b) 
The storage shall be ancillary to an office use and located in the back or rear yard.
(C) 
Conditional uses (requiring use permit and site plan).
(1) 
Amateur radio antenna over 65 feet in height from grade;
(2) 
Coffee shop, cafe, newsstand; provided, that there shall be no drive-in or drive-up establishments;
(3) 
Community residential care facilities;
(4) 
Offices and office buildings that exceed the height limits of this district;
(5) 
Residential uses as secondary use or above the first floor; provided, that the density shall not exceed 26 dwelling units per acre;
(6) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, newsstands, patio/al fresco dining facilities; provided, that there shall be no drive-in or drive-up establishments;
(7) 
Stores for the sale of retail goods, products, services;
(8) 
Temporary structures and enclosures used in construction of a building and used for storage of equipment and material as defined in Article III, Section 154.75(D).
(Ord. 18-20; Am. Ord. 22-20)

§ 154.22 NC: NEIGHBORHOOD COMMERCIAL DISTRICT.

(A) 
Purpose. This district permits limited commercial and residential uses such as those pertaining to the day-to-day needs of the residential populace.
(B) 
Permissive uses.
(1) 
Bakeries, pastry and confectioneries for retail sales;
(2) 
Banks and other financial institutions;
(3) 
Churches, Sunday school and parish house, incidental facilities;
(4) 
Clubhouses, fraternal organization, non-profit public service;
(5) 
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics; provided, that there are no boarding kennels;
(6) 
Nursery schools and daycare facilities;
(7) 
Parks, recreational parks, open spaces, public facilities;
(8) 
Photocopying and blueprinting, shipping and messenger service;
(9) 
Public utilities/electric facilities;
(10) 
Repair shops – electrical, radio, and television appliances, keys and similar articles;
(11) 
Residential uses as secondary use or above the first floor.
(a) 
The density shall not exceed 26 dwelling units per acre; and
(b) 
The exterior of any residential building shall be constructed of materials similar in color and appearance to those used in the primary business structure; and
(c) 
The residence shall be located either as part of the primary business structure or behind the primary business structure; and
(d) 
The residence can be used as a residence but cannot be used in a business capacity;
(12) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities; provided, that:
(a) 
There shall be no drive-in or drive-up restaurants; and
(b) 
Outdoor seating is at least 75 feet away from any residential zone;
(13) 
Schools, public, K-12;
(14) 
Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;
(15) 
Stores for the sale of retail goods, products, and services; provided, that gasoline stations are not permitted;
(16) 
Undertaking establishments.
(C) 
Conditional uses (requiring use permit and site plan).
(1) 
Research and development offices;
(2) 
Schools, private, K-12, college, trade schools;
(3) 
Self-storage facilities;
(4) 
Temporary structures and enclosures used in construction of a building and used for storage of equipment and material as defined in Article III, Section 154.75(D)(1).
(Ord. 18-20; Am. Ord. 22-20)

§ 154.24 C-1: RETAIL COMMERCIAL DISTRICT.

(A) 
Purpose. This district permits limited commercial uses such as those pertaining to the day-to-day needs of the residential populace.
(B) 
Permissive uses.
(1) 
Auditoriums, bowling alleys, billiards, dance hall, theaters, skating rinks, indoor entertainment;
(2) 
Auto repair, minor;
(3) 
Bakeries, pastry and confectioneries for retail sales;
(4) 
Banks and other financial institutions;
(5) 
Churches, Sunday school and parish house, incidental facilities;
(6) 
Clubhouses, buildings for fraternal organizations, nonprofit public service;
(7) 
Day spa;
(8) 
Drive-in, drive-through window restaurants, convenience stores;
(9) 
Gasoline service stations, convenience stores, and car washes;
(10) 
Hospitals and private institutions of an educational nature and similar institutions;
(11) 
Hotel/motel;
(12) 
Manager/caretaker residential uses within structures;
(13) 
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics;
(14) 
Nursery schools and daycare facilities;
(15) 
Nursing homes, senior transitional living and care facilities;
(16) 
Offices and office buildings;
(17) 
Offset press printing;
(18) 
Outside storage, as an accessory use, as defined in Article III, Section 154.71;
(19) 
Park and ride facilities, parking lots, garages;
(20) 
Parks, recreational parks and open spaces, public facilities;
(21) 
Permanent outdoor sales display, as defined in Article III, Section 154.72;
(22) 
Photocopying and blueprinting, shipping and messenger service;
(23) 
Public facilities;
(24) 
Public utilities, electric facilities;
(25) 
Repair shops – electrical, radio, and television appliances, keys, and similar articles;
(26) 
Residential uses as secondary use or above the first floor; provided, that density does not exceed 50 dwelling units per acre;
(27) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities;
(28) 
Schools, private, K-12, college, trade schools;
(29) 
Schools, public, K-12;
(30) 
Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;
(31) 
Stores for the sale of retail goods, products, and services;
(32) 
Temporary structures and enclosures used in construction of a building and used for storage of equipment and material as defined in Article III, Section 154.75(D)(1);
(33) 
Undertaking establishments.
(C) 
Conditional uses (requiring use permit and site plan).
(1) 
Auto repair, major; provided, that:
(a) 
Repairs and associated activities are conducted within a completely enclosed building; and
(b) 
A solid masonry wall at least six feet high is erected between the activity and any abutting or contiguous residential zone.
(2) 
Automotive dealers, motorcycle dealers;
(3) 
Boarding kennels or pet shelters;
(4) 
Recycling collection centers as defined in Article III, Section 154.74;
(5) 
Self-storage facilities;
(6) 
Temporary model home/sales office as defined in Article III, Section 154.75(B).
(Ord. 18-20; Am. Ord. 22-20)

§ 154.25 C-2: WHOLESALE AND WAREHOUSING COMMERCIAL DISTRICT.

(A) 
Purpose. This district permits heavier commercial activities.
(B) 
Permissive uses.
(1) 
Amateur radio antenna, up to 65 feet in height from grade;
(2) 
Auditoriums, bowling alleys, billiards, dance hall, theaters, skating rinks, indoor entertainment;
(3) 
Auto repair, major; provided, that:
(a) 
Repairs and associated activities are conducted within a completely enclosed building; and
(b) 
A solid masonry wall at least six feet high is erected between the activity and any abutting or contiguous residential zone;
(4) 
Auto repair, minor;
(5) 
Automotive dealers, motorcycle dealers;
(6) 
Bakeries, pastry and confectioneries for retail sales;
(7) 
Banks and other financial institutions;
(8) 
Churches, Sunday school and parish house, incidental facilities;
(9) 
Clubhouses, buildings for fraternal organizations, nonprofit public service organizations;
(10) 
Day spa;
(11) 
Drive-in, drive-through window restaurants, convenience stores;
(12) 
Gasoline service stations, convenience stores, and car washes;
(13) 
Hospitals and private institutions of an educational nature and similar institutions;
(14) 
Hotel/motel;
(15) 
Lumberyards;
(16) 
Machinery, farm sales, repairing and overhauling; provided, that concealed storage and repair area are utilized;
(17) 
Manager/caretaker residential uses within the structure;
(18) 
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics;
(19) 
Medical supplies and services, drug prescription, prosthetic supplies and dental/medical lab;
(20) 
Nursery schools and daycare facilities;
(21) 
Nursing homes, senior transitional living and care facilities and similar institutions;
(22) 
Offices and office buildings;
(23) 
Offset press printing;
(24) 
Outside storage, as an accessory use, as defined in Article III, Section 154.71;
(25) 
Park and ride facilities, parking lots, garages;
(26) 
Parks, recreational parks and open spaces, public facilities;
(27) 
Permanent outdoor sales displays, provided they meet regulations defined in Article III, Section 154.72;
(28) 
Photocopying and blueprinting, shipping and messenger service;
(29) 
Public facilities;
(30) 
Public utilities, electric facilities;
(31) 
Radio or television studios;
(32) 
Recycling collection centers; provided, that they are an accessory use, and as defined in Article III, Section 154.74;
(33) 
Repair shops – electrical, radio, and television appliances, keys, and similar articles;
(34) 
Residential uses as secondary use or above the first floor; provided, that:
(a) 
The density shall not exceed 50 dwelling units per acre; and
(b) 
The exterior of any residential building shall be constructed of materials similar in color and appearance to those used in the primary business structure; and
(c) 
The residence shall be located either as part of the primary business structure or behind the primary business structure; and
(d) 
The residence can be used as a residence but cannot be used in a business capacity;
(35) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities;
(36) 
Sales of sheet metal products;
(37) 
Schools, private, K-12, college, trade schools;
(38) 
Schools, public, K-12;
(39) 
Self-storage facilities;
(40) 
Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;
(41) 
Stores for the sale of retail goods, products, and services;
(42) 
Temporary model home/sales office as defined in Article III, Section 154.75(B);
(43) 
Temporary structures and enclosures used in construction of a building and used for storage of equipment and material as defined in Article III, Section 154.75(D);
(44) 
Undertaking establishments;
(45) 
Warehouse and indoor storage;
(46) 
Wholesale commercial.
(C) 
Conditional uses (requiring use permit and site plan).
(1) 
Auto wrecking, salvage, and contractor’s yards, provided:
(a) 
All activities are conducted in an enclosed building or are enclosed by a solid wall or solid fence at least eight feet high; and
(b) 
Inoperative automobile bodies or other material may be stacked to a height that does not exceed the height of the required fence or wall;
(2) 
Boarding kennels or pet shelters;
(3) 
Light industrial;
(4) 
Light manufacturing;
(5) 
Office uses that exceed the height limits of this district;
(6) 
Research and development office;
(7) 
Truck and trailer rentals.
(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 22-20)

§ 154.28 M-1: INDUSTRIAL AND BUSINESS PARK DISTRICT.

(A) 
Purpose. This district will permit heavy commercial and manufacturing uses which do not create danger and which do not create offensive noise, vibration, smoke, dust, lint, odors, heat, or glare.
(B) 
Permissive uses.
(1) 
Adults-only bookstores, adults-only motion picture theaters, and adult entertainment centers; provided, that such uses meet the requirements and/or restrictions set forth in Chapter 111;
(2) 
Amateur radio antenna up to and over 65 feet in height from grade;
(3) 
Auditoriums, bowling alleys, billiard or pool halls, dance halls, theaters, skating rinks, and other indoor entertainment establishments;
(4) 
Auto repair, major; provided, that:
(a) 
Repairs and associated activities are conducted within a completely enclosed building; and
(b) 
A solid masonry wall at least six feet high is erected between the activity and any abutting or contiguous residential zone;
(5) 
Auto repair, minor;
(6) 
Automotive dealers, motorcycle dealers;
(7) 
Bakeries, pastry and confectioneries for retail sales;
(8) 
Banks and office buildings;
(9) 
Boarding kennels or pet shelters;
(10) 
Churches, Sunday school and parish house, incidental facilities;
(11) 
Clubhouses, buildings for fraternal organizations, nonprofit public service organizations;
(12) 
Community residential care facilities;
(13) 
Concrete batching plants, concrete products, provided:
(a) 
Appropriate dust control devices be installed and operable; and
(b) 
Appropriate screening be erected to avoid unsightly operations;
(14) 
Drive-in or drive-up window restaurants, convenience stores;
(15) 
Gasoline service stations, convenience stores, and car washes;
(16) 
Hospitals and private institutions of an educational nature and similar institutions;
(17) 
Hotel/motel;
(18) 
Indoor shooting range;
(19) 
Industrial;
(20) 
Laboratories, research, and experimental stations;
(21) 
Light industrial;
(22) 
Light manufacturing;
(23) 
Lumberyards;
(24) 
Machinery, farm sales, repairing and overhauling; provided, that concealed storage and repair area is utilized;
(25) 
Manager/caretaker residential uses within the structures;
(26) 
Manufacturing;
(27) 
Medical supplies and services, drug prescription, prosthetic supplies and dental/medical lab;
(28) 
Nursing homes, senior transitional living and care facilities and similar institutions;
(29) 
Nursery schools and daycare facilities;
(30) 
Offset press printing;
(31) 
Outside storage, as a primary use, provided the regulations of Article III, Section 154.71 are met;
(32) 
Outside storage, as an accessory use, as defined in Article III, Section 154.71;
(33) 
Parks, recreational parks and open spaces, public facilities;
(34) 
Park and ride facilities, parking lots, garages;
(35) 
Permanent outdoor sales displays, provided they meet regulations defined in Article III, Section 154.72;
(36) 
Photocopying and blueprinting, shipping and messenger service;
(37) 
Public utilities;
(38) 
Public facilities;
(39) 
Recycling collection centers; provided, that they are an accessory use, as described in Article III, Section 154.74;
(40) 
Repair shops – electrical, radio, and television appliances, keys, and similar articles;
(41) 
Residential uses as secondary use or above the first floor.
(a) 
The density shall not exceed 50 dwelling units per acre; and
(b) 
The exterior of any residential building shall be constructed of materials similar in color and appearance to those used in the primary business structure; and
(c) 
The residence shall be located either as part of the primary business structure or behind the primary business structure; and
(d) 
The residence can be used as a residence but cannot be used in a business capacity;
(42) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities;
(43) 
Sales of sheet metal products;
(44) 
Schools, private, K-12, college, trade schools;
(45) 
Schools, public, K-12;
(46) 
Self-storage facilities;
(47) 
Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;
(48) 
Stores for the sale of retail goods, products, and services;
(49) 
Temporary structures and enclosures used in construction of a building and used for storage of equipment and material as defined in Article III, Section 154.75(D);
(50) 
Tire recapping or retreading;
(51) 
Truck and trailer rentals;
(52) 
Warehouse and indoor storage;
(53) 
Wholesale commercial;
(54) 
Undertaking establishments.
(C) 
Conditional uses (requiring use permit and site plan). Automobile dismantling yard, provided:
(1) 
All activities are conducted in an enclosed building or are enclosed by a solid wall or solid fence at least eight feet high; and
(2) 
Inoperative automobile bodies or other material may be stacked to a height that does not exceed the height of the required fence or wall.
(Ord. 18-20; Am. Ord. 22-20)

§ 154.31 MU-A: MIXED USE ACTIVITY CENTER DISTRICT.

(A) 
Purpose. The Mixed Use Activity Center District permits new mixed use development and infill consisting of integrated blends of land uses and networks of interconnected pedestrian-oriented streets and ways.
(B) 
Application for rezoning. Applications for rezoning to a Mixed Use Activity Zone should follow the site plan requirements of the Special Use Zone and comply with the policies of the comprehensive plan.
(C) 
Intent.
(1) 
Encourage a greater intensity of development in order to attract the people and commerce necessary to create a vibrant and diverse urban center;
(2) 
Encourage a blending of residential, civic, commercial and office uses in close proximity to each other with active commercial and retail uses along arterial and collector street frontages, and encourage residential uses above the ground floor or behind a commercial building that fronts the street;
(3) 
Encourage a mixture of service and employment uses so that residents will have the opportunity to work as well as shop and play within walking distance from their houses;
(4) 
Encourage planning, design and detailing that reflects the needs of pedestrians, establishes multimodal circulation opportunities, and creates memorable civic spaces.
(D) 
Considerations for approval.
(1) 
Plans should reflect the intent of the comprehensive plan;
(2) 
Plans should comply with the intent and requirements of a mix of land uses set forth herein and not be used for a single land use;
(3) 
The total area of the district must be a minimum of two acres, but may be smaller with an approved conditional use permit;
(4) 
Plans must include residential and nonresidential uses within or in close proximity to the district with shared access and adequate pedestrian linkages;
(5) 
Plans may also include civic or community building, public utility and/or public spaces within the district.
(E) 
Development review process.
(1) 
Property zoned MU-A requires the approval of a master plan and development guidelines for the district prior to development or redevelopment of the land. An applicant wishing to develop property zoned MU-A must submit a master plan and design and development guidelines for the mixed use development to the Director of Development Services for a preliminary review;
(2) 
DSD will provide potential applicants with a checklist of required items consistent with those for the Special Use Zone;
(3) 
Following preliminary review by DSD, the application will be subject to the review and approval of the Planning and Zoning Board;
(4) 
Upon approval, the master plan and accompanying documents will be used as the official guide for future development within the district;
(5) 
Site development within the district will require the submission of a site development permit application to DSD for approval. A site development plan will include items from a list provided by DSD and consistent with those for the Special Use Zone. The site development permit application will be evaluated based on compliance with the approved master plan and guidelines.
(F) 
Permissive uses.
(1) 
Amateur radio antenna, up to 65 feet in height from grade;
(2) 
Auditoriums, bowling alleys, billiard or pool halls, dance halls, theaters and other indoor entertainment establishments;
(3) 
Bakeries, pastry and confectioneries for retail sales;
(4) 
Banks and financial institutions;
(5) 
Bed and breakfast;
(6) 
Bicycle shops (sale and repair);
(7) 
Churches, Sunday school and parish house, incidental facilities;
(8) 
Clubhouses, fraternal organization, non-profit public service organizations;
(9) 
Coffee shop, cafe, newsstand; provided, that the business is incidental within a building or on a site owned in common with a primary office use;
(10) 
Community or conference center;
(11) 
Family child care facility with a capacity of six or less;
(12) 
Fire stations, police stations and other public buildings;
(13) 
Home occupations;
(14) 
Hospitals and private institutions of an educational nature and similar institutions;
(15) 
Hotel/motel;
(16) 
Libraries, museums, cultural institutions;
(17) 
Live entertainment accessory to an eating or drinking establishment;
(18) 
Live/work units;
(19) 
Manager/caretaker residential uses within the structure;
(20) 
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics; provided, that there are no boarding kennels;
(21) 
Medical supplies and services, drug prescription, prosthetic supplies and dental/medical lab;
(22) 
Nursery schools and daycare facilities;
(23) 
Offices and office buildings;
(24) 
Parks, recreational parks, open spaces, public facilities;
(25) 
Personal services – beauty/barber shops, fitness centers, laundry/dry cleaning, tailor/dressmaking, shoe repair, tanning/manicure salon;
(26) 
Photocopying and blueprinting, shipping and messenger service;
(27) 
Public facilities;
(28) 
Public utilities/electric facilities;
(29) 
Repair shops – electrical, radio, and television appliances, keys and similar articles;
(30) 
Residential, multi-family;
(31) 
Residential uses as secondary use or above the first floor;
(32) 
Restaurants, bars, lounges, coffee/tea rooms, patio/al fresco dining facilities;
(33) 
Schools, public, K-12;
(34) 
Senior transitional care facility;
(35) 
Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;
(36) 
Stores for the sale of retail goods, products, services;
(37) 
Undertaking establishments.
(G) 
Conditional uses (requiring permit and site plan).
(1) 
Commercial parking lots;
(2) 
Family child care with a capacity of seven or more;
(3) 
Park and ride facilities, and parking lots;
(4) 
Schools, private, K-12, college, trade schools;
(5) 
Stores for the sale of retail goods, products, and services greater than 15,000 square feet;
(6) 
Tattoo and body piercing shops;
(7) 
Townhomes and row houses.
(Ord. 18-20; Am. Ord. 22-20)

§ 154.32 CBD: CENTRAL BUSINESS DISTRICT.

(A) 
Intent; purpose.
(1) 
It is the intent of this section to create a Central Business District (CBD) to provide a mixed land use environment consisting of concentrated retail, commercial, government, recreational and entertainment, residential and office uses that are intended to serve as a destination and service the needs of the regional trade area. The CBD is intended to be used to establish the City of Rio Rancho’s first downtown.
(2) 
The downtown is modeled as a “lifestyle center” providing a “main street” environment with open-air shopping, planned and developed as a unit and intended to serve consumer demands for the citizens of the city, as well as the region, with the primary offering consisting of a mix of specialty retailers, restaurants, entertainment and theater facilities and civic uses (i.e., City Hall).
(3) 
The CBD shall utilize the City Centre Master Plan and accompanying regulating design standards to provide guidance pertaining to the landscaping, architecture, parking, pedestrian, multimodal transportation, and specific design features of the downtown area of the city. It is the purpose of this section to:
(a) 
Encourage a greater intensity of development in order to attract the people and commerce necessary to create a vibrant and diverse urban center.
(b) 
Encourage primary retail-oriented land uses in combination with civic recreational and entertainment uses. Ancillary uses would include service, residential, office and mixed uses.
(c) 
Encourage a mixed use density creating walkable, multilevel, live-work-play neighborhoods intended to stimulate and engage pedestrianlevel detail such that the CBD user experiences the core of exciting urban living.
(d) 
Encourage planning, design and detailing that reflect the needs of pedestrians, establish multimodal circulation opportunities, and create memorable civic spaces.
(e) 
To encourage uses such as theaters and restaurants, which provide “life” to the CBD. These types of businesses help attract people to the area and can provide more efficient use of shared parking facilities.
(f) 
To create small blocks within which commercial uses can be sited as groupings of shops attractive to on-street parking and pedestrian use.
(g) 
Parking accommodations are primarily made with on-street, diagonal and parallel parking, parking structures, and underground parking facilities that have attractive street facades and/or ground-floor commercial/retail.
(h) 
Retail buildings shall orient their entrances together along a sidewalk network in an open-air setting, complemented by landscaping, street furniture and urban furnishing amenities.
(i) 
Pedestrian amenities such as gathering places for sitting/eating outdoors shall be encouraged.
(B) 
Permissive uses.
(1) 
Auditoriums, bowling alleys, billiards, dance hall, theaters, skating rinks, indoor entertainment;
(2) 
Bakeries, pastry and confectioneries for retail sales;
(3) 
Banks and other financial institutions;
(4) 
Bicycle shops (sales and repair);
(5) 
Coffee shop, cafe, newsstand;
(6) 
Commercial recreation uses;
(7) 
Department stores;
(8) 
Fire stations, police stations and other public buildings;
(9) 
Hotel/motel;
(10) 
Laboratories, research, and experimental stations;
(11) 
Libraries, museums, cultural institutions;
(12) 
Light manufacturing;
(13) 
Medical supplies and services, drug prescription supplies, and dental/medical lab;
(14) 
Newspaper offices;
(15) 
Office and corporate headquarters;
(16) 
Offices and office buildings;
(17) 
Park and ride facilities, parking lots, garages;
(18) 
Personal services – beauty and barber shops, fitness centers, laundry/dry cleaning, tailor and dressmaking, shoe repair, tanning and manicure salons;
(19) 
Photographic studios;
(20) 
Public utilities/electric facilities;
(21) 
Radio and television studios;
(22) 
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities;
(23) 
Residential uses as secondary use or above the first floor; provided, that density shall not exceed 50 dwelling units per acre;
(24) 
Sales, display room/building for wholesaler, distributor, etc.;
(25) 
Stores for the sale of retail goods, products, services;
(26) 
Travel bureaus.
(C) 
Conditional uses (requiring permit and site plan).
(1) 
Automotive dealers, motorcycle dealers;
(2) 
Drive-in, drive-through window restaurants, convenience stores.
(Ord. 18-20; Am. Ord. 22-12; Am. Ord. 22-20)

§ 154.33 BP: BUSINESS PARK DISTRICT.

(A) 
Purpose. This district facilitates economic development through the creation of employment centers with a mix of light industrial and supportive commercial uses in a master-planned setting. A master plan will permit flexible approaches to site design and development while accomplishing the objectives of the urban design element of the comprehensive plan. An emphasis shall be given to community compatibility and appropriate transitions between land uses. The intent of the Business Park District is to:
(1) 
Promote economic development for the city by fostering the creation of significant employment centers;
(2) 
Enhance and implement the comprehensive plan by creating a land use category that supports campus-style office, warehousing, light manufacturing and supportive commercial use;
(3) 
Provide a high quality employment environment of multi-acre parcels based on an approved master plan that includes architectural guidelines and buffers as outlined in the urban design element of the comprehensive plan;
(4) 
Plan for efficient transportation access through proximity to arterial roadways;
(5) 
Ensure appropriate transitions and/or buffers to adjacent low density residential land uses.
(B) 
Permissive uses.
(1) 
Auditoriums, bowling alleys, billiard or pool halls, dance halls, theaters, skating rinks, and other indoor entertainment establishments;
(2) 
Bakeries, pastry and confectioneries for retail sales;
(3) 
Banks and other financial institutions;
(4) 
Brewpubs and microbreweries, artisanal distilleries, and taprooms;
(5) 
Hotel/motel;
(6) 
Indoor shooting range;
(7) 
Industrial;
(8) 
Laboratories, research and experimental stations;
(9) 
Libraries, museums, cultural institutions;
(10) 
Light industrial;
(11) 
Light manufacturing;
(12) 
Manufacturing;
(13) 
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics; except boarding kennels are not permitted;
(14) 
Motion picture production, radio and television production studios;
(15) 
Nursery schools and daycare facilities;
(16) 
Offices and office buildings;
(17) 
Offset press printing;
(18) 
Outdoor storage, as an accessory use, provided:
(a) 
A buffer wall shall separate outside storage from abutting properties and rights-of-way; and
(b) 
Proposed outside storage areas shall be delineated as such on applicable site or development plans; and
(c) 
Stored materials shall not be stacked or arranged above the height of the screen wall or fence. If a stored vehicle or other individual item exceeds the height of the screen wall or fence, it shall be stored no less than 15 feet from an abutting property or right-of-way; and
(d) 
Shall not include any outdoor sales display;
(19) 
Parks, recreational parks, open spaces, and public facilities;
(20) 
Personal services – beauty/barber shops, fitness centers, laundry/dry cleaning, tailor/dressmaking, shoe repair, tanning/manicure salon;
(21) 
Photocopying and blueprinting, shipping and messenger service;
(22) 
Public utilities, electric facilities;
(23) 
Repair shops – electrical, radio, and television appliances, keys and similar articles;
(24) 
Research and development office;
(25) 
Residential uses as secondary use or above the first floor; provided, that density shall not exceed 50 dwelling units per acre;
(26) 
Restaurants, bars, lounges, coffee/tea rooms, patio/al fresco dining facilities, provided:
(a) 
There shall be no drive-in or drive-up restaurants; and
(b) 
Outdoor seating is at least 75 feet away from any residential zone;
(27) 
Sales and display rooms or buildings for wholesalers, distributors, warehouses or manufactures;
(28) 
Schools, private, K-12, college, trade schools;
(29) 
Schools, public, K-12;
(30) 
Sheet metal working;
(31) 
Stores for the sale of retail goods, products, and services; except gasoline stations are not permitted;
(32) 
Temporary structures and enclosures used in construction as defined in Article III, Section 154.75(D);
(33) 
Warehousing and indoor storage;
(34) 
Wholesale commercial.
(C) 
General requirements and design standards.
(1) 
All activities and storage of materials, products or equipment shall be within an enclosed building unless consistent with Article III, Section 154.71;
(2) 
No noise, odors, vibration or other impacts shall be discernible off the premises of the building;
(3) 
All design standards shall be provided in a master plan approved by Planning and Zoning Board. The master plan shall address the following components:
(a) 
Development standards for height, set-backs, landscaping, etc.;
(b) 
Site compatibility and design, including:
1. 
Open space, trails, and recreational amenities;
2. 
Landscaping and buffers; and
3. 
Design concepts and guidelines;
(c) 
Drainage;
(d) 
Transportation;
(e) 
Utilities;
(f) 
Optional components which may be required by the Development Services Department Director:
1. 
Master sign plan;
2. 
Master parking plan.
(D) 
Area. A minimum 15 acres for the master-planned business park. Lots or tracts within the business park shall be a minimum of one-half acre (21,780 square feet).
(Ord. 18-20; Am. Ord. 22-20)

§ 154.35 NONRESIDENTIAL LAND USE TABLE.

P = PERMITTED
CU = CONDITIONAL USE
BLANK = NOT PERMITTED
There may be additional criteria attached to a permitted or conditional use. Check the corresponding chapter to verify.
There may be uses not listed in the table that can be permitted under the SU/Special Use District. Refer to the specific zoning district (Sections 154.20 to 154.34) for details of additional conditions not listed in the table.
LAND USES
O-1
NC
C-1
C-2
M-1
MU-A
CBD
BP
Adult-only bookstores, motion picture theaters and adult entertainment centers
 
 
 
 
P
 
 
 
Amateur radio antenna, up to 65 feet in height from grade
P/CU
 
 
P
P
P
 
 
Artist studios, shops and galleries
 
 
 
 
 
 
P
 
Auditoriums, bowling alleys, billiard, dance hall, theaters, skating rinks, indoor entertainment
 
 
P
P
P
P
P
P
Auto dismantling yard
 
 
 
 
CU
 
 
 
Auto repair, major
 
 
CU
P
P
 
 
 
Auto repair, minor
 
 
P
P
P
 
 
 
Auto wrecking, dismantling, salvage, contractor’s yard
 
 
 
CU
CU
 
 
 
Automotive dealers, motorcycle dealers
 
 
CU
P
P
 
 
 
Bakeries, pastry and confectioneries for retail sales
 
P
P
P
P
 
P
P
Banks and other financial institutions
P
P
P
P
P
P
P
P
Bed and breakfast
 
 
 
 
 
P
 
 
Bicycle shops (sale and repair)
 
 
 
 
 
P
P
 
Boarding kennels or pet shelters
 
 
CU
CU
P
 
 
 
Brewpubs, microbreweries, artisanal distilleries, taprooms
 
 
 
 
 
 
 
P
Churches, Sunday school and parish house, incidental facilities
P
P
P
P
P
P
 
 
Clubhouses, fraternal organization, nonprofit public service organizations
P
P
P
P
P
P
 
 
Coffee shop, cafe, newsstand
P
 
 
 
 
P
P
 
Community or conference center
 
 
 
 
 
P
 
 
Community residential care facility
CU
 
 
 
P
P
 
 
Commercial recreation uses
 
CU
CU
 
 
 
P
 
Commercial parking lot
 
 
P
P
P
CU
 
 
Concrete batching plants, concrete products
 
 
 
 
P
 
 
 
Day spa
 
 
P
P
P
 
 
 
Department stores
 
 
 
 
 
 
P
 
Drive-in, drive-through window restaurants, convenience stores
 
 
P
P
P
CU
 
 
Family child care facility, 6 or less
 
 
 
 
 
P
 
 
Family child care facility, 7 or more
 
 
 
 
 
CU
 
 
Fire stations, police stations and other public buildings
P
P
P
P
P
P
P
 
Gasoline stations, convenience stores, car washes
 
 
P
P
P
 
 
 
Home occupations
 
 
 
 
 
P
 
 
Hospitals and private institutions of an educational nature and similar institutions
P
 
P
P
P
P
 
 
Hotel/motel
 
 
P
P
P
P
P
P
Indoor shooting range
 
 
 
 
P
 
 
P
Industrial
 
 
 
 
P
 
 
P
Laboratories, research and experimental stations
 
 
 
 
P
 
P
P
Libraries, museums, cultural institutions
P
 
 
P
P
P
P
P
Light industrial
 
 
 
CU
P
 
 
P
Light manufacturing
 
 
 
CU
P
 
P
 
Live entertainment accessory to an eating or drinking establishment
 
 
 
 
 
P
 
 
Live/work units
 
 
 
 
 
P
 
 
Lumberyards
 
 
 
P
P
 
 
 
Machinery, farm sales, repairing and overhauling
 
 
 
P
P
 
 
 
Manager/caretaker residences within the structures
P
 
P
P
P
P
 
 
Manufacturing
 
 
 
 
P
 
 
P
Medical complexes, professional offices (medical and dental), veterinarians, offices/clinics
P
P
P
P
P
P
 
P
Medical supplies and services, drug prescription, prosthetic supplies and dental/medical lab
P
 
P
P
P
P
P
 
Motion picture production, radio and television production studios
P
 
 
P
 
P
 
P
Newspaper office
P
 
 
 
 
P
P
 
Nursery schools and daycare facilities
P
P
P
P
P
P
 
P
Nursing homes, senior transitional living, care facilities
P
 
P
P
P
P
 
 
Offices and office buildings
P/CU
P
P
P/CU
P
P
P
P
Office and corporate headquarters
 
 
 
 
 
 
P
 
Offset press printing
 
 
P
P
P
 
 
P
Outdoor sales display, permanent
 
 
P
P
P
 
 
 
Outdoor storage (accessory use)
 
 
P
P
P
 
 
P
Outdoor storage (primary use)
 
 
 
 
P
 
 
 
Park and ride facilities, parking lots, garages
P
 
P
P
P
CU
P
 
Parks, recreational parks and open spaces, public facilities
 
P
P
P
P
P
 
P
Permanent outdoor sales display
 
 
P
P
P
 
 
 
Personal services – beauty/barber shops, fitness centers, laundry/dry cleaning, tailor/dressmaking, shoe repair, tanning/manicure salon
 
 
P
P
P
P
P
 
Photocopying and blueprinting, shipping and messenger service
P
P
P
P
P
P
 
 
Photographic studio
P
 
 
P
P
P
P
 
Public facilities
P
 
P
P
P
P
P
P
Public utilities/electric facilities
P
P
P
P
P
P
P
P
Radio and television studios
P
 
 
P
 
P
P
 
Recreational vehicle/travel trailer park or campground
 
 
 
 
P
 
 
 
Recycling collection centers
 
 
CU
P
P
 
 
 
Repair shops, electrical, radio, television appliances, keys
 
P
P
P
P
P
 
P
Research and development office
 
CU
 
CU
P
 
 
P
Residential, multi-family
 
 
 
 
 
P
 
 
Residential uses as secondary use or above the first floor
CU
P
P
P
P
P
 
P
Restaurants, bars, lounges, coffee/tea rooms, delicatessens, patio/al fresco dining facilities
CU
P
P
P
P
P
P
P
Sales, display room/building for wholesaler, distributor, etc.
 
 
 
 
 
 
P
P
Sales of sheet metal products
 
 
 
P
P
 
 
 
Schools, private K-12, college, trade schools
P
CU
P
P
P
CU
 
 
Schools, public K-12
P
P
P
P
P
P
P
P
Senior transitional care facility
P
 
 
P
P
P
 
 
Self-storage facilities
 
CU
CU
P
P
 
 
 
Sheet metal working
 
 
 
 
 
 
 
P
Shops/dressmaking, tailoring, laundry, dry cleaning, photo, pet, similar trades
 
P
P
P
P
P
 
P
Storage structure or yard for equipment
P
 
 
 
 
 
 
 
Stores for the sale of retail goods, products, services
CU
P
P
P
P
P/CU
 
P
Tattoo and body piercing shops
 
 
 
 
 
CU
 
 
Temporary model home/sales office
 
 
CU
CU
 
 
 
 
Temporary structures/enclosures used in construction
 
P
P
P
P
P
P
P
Tire recapping or retreading
 
 
 
 
P
 
 
 
Townhomes/row houses
 
 
 
 
 
CU
 
 
Travel bureaus
 
 
 
 
 
 
P
 
Truck/trailer rental
 
 
 
CU
P
 
 
 
Undertaking establishments
 
P
P
P
P
 
 
 
Vehicle sales
 
 
 
 
 
 
CU
 
Warehouse and indoor storage
 
 
 
P
P
 
 
P
Wholesale commercial
 
 
 
P
P
 
 
P
(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 22-12; Am. Ord. 22-20)

§ 154.36 A-R: AGRICULTURAL RESIDENTIAL DISTRICT.

(A) 
Purpose. This district permits low density uses and other uses customarily conducted in agricultural areas.
(B) 
Permissive uses.
(1) 
One single-family dwelling per lot or one mobile home per lot;
(2) 
Incidental structures such as private workshops, storage, recreation, hobby, green-houses, accessory dwelling unit or accessory living space, or for the keeping or housing of domestic animals and/or agricultural products;
(3) 
Home occupations;
(4) 
Raising of nursery products;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Agricultural activity provided the lot has an area of at least one acre:
(a) 
Stand for display or sale of agricultural products provided the number of stands is limited to one for each lot and that the size of the stand does not exceed 400 square feet of floor area.
(b) 
Animals such as cattle, horses, pigs, sheep, and goats for commercial purposes; provided, that one head of cattle or horses does not exceed one for each 10,000 square feet of open lot area, one sheep or goat for each 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:
1. 
Offensive noise, odor, or dust shall be effectively controlled;
2. 
Areas devoted to livestock and poultry, including accessory buildings or structures, shall be constructed and maintained to discourage concentration and breeding of insect pests;
3. 
All animals shall be confined within the owner’s property boundaries;
(7) 
Temporary, emergency, construction, and repair residences, as defined in Article III, Section 154.75(C);
(8) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met;
(9) 
Family child care facility with a capacity of six or less;
(10) 
Public utilities;
(11) 
Churches, other places of worship, Sunday school building, and parish house.
(C) 
Conditional uses (requiring use permit).
(1) 
Hospitals and institutions of an educational nature;
(2) 
Nursery, pre-kindergarten, kindergarten, and other private or special schools;
(3) 
Fur-bearing animal farm;
(4) 
Kennel, veterinary hospital;
(5) 
Family child care facility with a capacity of seven or more;
(6) 
Hobby breeders and animal foster care providers as per conditions listed under the R-1 Single-Family Residential District.
(Ord. 18-20)

§ 154.38 H-1: HISTORICAL SITE DISTRICT.

(A) 
Purpose. The purpose of this zone is to preserve, protect, and enhance structures and areas of historic significance lying within the zoning jurisdiction of the city.
(B) 
Special approval required. Any erection, construction, modification, addition, alteration, moving, or destruction that would affect the exterior appearance of any structure, building, or significant object or artifact within this zone which is subject to public view will require review and approval by the Planning and Zoning Board.
(C) 
Permissive uses.
(1) 
Single-family dwellings;
(2) 
Lodging houses, duplexes, beauty, and barber shops;
(3) 
Antique shops;
(4) 
Arts and crafts shops, or galleries;
(5) 
Confectionery stores;
(6) 
Bar or lounge;
(7) 
Gift shop;
(8) 
Restaurant;
(9) 
Museum;
(10) 
Photographer’s studio;
(11) 
Churches, and other places of worship, Sunday school buildings, and parish house.
(D) 
Conditional uses. None.
(Ord. 18-20)

§ 154.40 OS: OPEN SPACE DISTRICT.

(A) 
Purpose. The purpose of this district is to satisfy the visual and psychological needs of the community for light and air, and permit beneficial low-impact recreational uses and outdoor education that minimize disruption of the land’s natural systems and are not detrimental to the natural characteristics of the land.
(B) 
Permissive uses.
(1) 
Natural areas designated for outdoor education, low-impact recreation, wildlife/habitat enhancement and conservation, natural and cultural resource preservation;
(2) 
Land undergoing restoration;
(3) 
Regional preserves;
(4) 
Lakes, waterways, flood water storage areas, and other public facilities for handling flood water, all designed in such a way as to be considered a visual and/or physical amenity in the community;
(5) 
Land that serves as a buffer, protecting the public from natural hazards;
(6) 
Structures and facilities incidental to the above uses; provided, that such incidental buildings do not cover more than five percent of the ground area;
(7) 
Amenities and improvements supporting the above uses including drinking water fountains and spigots, trash and dog waste receptacles, tables and benches, bicycle racks, and regulatory and interpretive signs;
(8) 
Unpaved service roads, permeable parking lots with 25 spaces or less, fencing six feet in height or less, trails and trail corridors, and public utilities necessary for the protection, development and use of the open space area.
(C) 
Conditional uses (requiring use permit).
(1) 
Development, including public utilities, roads other than unimproved service roads, drainage structures other than those necessary for resource protection, amphitheater, visitor center, interpretive center, botanical garden, arboretum, garden open to the public, parking lot with more than 25 spaces, and other uses as specified in resource management plans or master plans.
(2) 
Applications for conditional uses must demonstrate that:
(a) 
The proposed development is in accord with the letter and intent of the comprehensive plan regarding open space, open space master plans and applicable resource management or master development plan.
(b) 
The proposed development complies with subsections (A) and (B) of this section.
(Ord. 18-20)

§ 154.41 OZ: OVERLAY ZONES.

(A) 
Purpose. The use of overlay zones in certain areas of the city is a planning and zoning tool that may be used to buffer one zone from another; impose additional design standards or access control measures; require additional setbacks to protect future right-of-way acquisition; modify certain standards which may cause undue hardship; or address specific problems in a particular area of the city.
(B) 
Priority. Overlay zones shall apply to areas where they are mapped in addition to the provisions of another zone. Where the provisions of an overlay zone are more or less restrictive than another section of this chapter, the provisions of the overlay zone shall prevail.
(C) 
Procedure. The overlay zone shall be mapped through the regular zone map amendment procedures and the existence of an overlay zone shall be denoted on the official zone map by the notation “OZ,” or a similar descriptive notation, in conjunction with the notation for the underlying zone district.
(D) 
Corridor Overlay Zone. The Corridor Overlay Zone (COZ) establishes additional design guidelines and access management standards pursuant to an adopted plan.
(Ord. 18-20)

§ 154.42 PR: PARKS AND RECREATION DISTRICT.

(A) 
Purpose. The purpose of this district is to beautify and create neighborhood identity; provide green space for active recreation and sports activities, relaxation, social interaction; to enhance and beautify the urban landscapes; to offset heat island effect; and to satisfy the visual and psychological needs of the community for light and air.
(B) 
Permissive uses.
(1) 
Parks and plazas, including playgrounds, fenced off-leash dog areas, skateboard facilities, sport courts and fields, bathroom facilities, pavilions, community and recreation centers, swimming pools, and trails;
(2) 
Botanical gardens, arboretums and gardens open to the public;
(3) 
Roads and public utilities necessary for the development and use of the park.
(C) 
Conditional uses (requiring use permit).
(1) 
Golf courses;
(2) 
Cemeteries including columbariums, mausoleums, or crematories;
(3) 
Natural areas designated for recreation, wildlife/habitat enhancement, natural and cultural resource preservation;
(4) 
Land undergoing restoration;
(5) 
Regional preserves;
(6) 
Lakes, waterways, flood water storage areas, and other public facilities for handling flood water, all designed in such a way as to be considered a visual and/or physical amenity in the community;
(7) 
Structures and facilities incidental to the above uses; provided, that such incidental buildings do not cover more than five percent of the ground area.
(Ord. 18-20)

§ 154.43 SU: SPECIAL USE DISTRICT.

(A) 
Purpose. This zoning district is suitable for property which is special because of its potential effect on surrounding property, or for other reasons in which the appropriateness is partially or entirely dependent on the character of the site.
(1) 
A special use zoning designation is also appropriately used:
(a) 
To restrict uses otherwise permitted in an underlying zoning district;
(b) 
To allow a combination of uses not otherwise permitted in an underlying district;
(c) 
To establish a singular land use;
(d) 
To establish requirements or conditions that are unique to the property;
(e) 
To establish requirements for height, setbacks, width, parking, landscaping, signage or other provisions that are unique to the property.
(2) 
An application for a change to SU zoning must state the proposed land use(s).
(3) 
All SU zoned property must have a site plan approved by the Governing Body. The site plan may accompany the application for a change in zoning designation or may be submitted for approval at a later date. Approval of the site plan must be obtained prior to any development of the property. The site plan at a minimum shall contain the following information:
(a) 
Scale and north arrow;
(b) 
Lot boundaries and easements;
(c) 
Existing and proposed utilities;
(d) 
Existing and proposed rights-of-way;
(e) 
Proposed structures with uses, dimensions, and setbacks;
(f) 
Proposed ingress, egress, parking and circulation;
(g) 
Landscaping and landscape buffers;
(h) 
Elevations;
(i) 
Adjacent property characteristics;
(j) 
Preliminary drainage plan.
(4) 
The Director of Development Services may approve minor changes to an approved site plan if the change is consistent with the use and other written requirements and/or conditions of approval, if the buildings are of the same general configuration, if the total square footage is not greater than 10% more than the approved plan, the site circulation is similar in its effect on adjacent property or streets, and the approving official finds that neither the city nor any person will be substantially aggrieved by the altered site plan.
(B) 
Special uses include but are not limited to the following:
(1) 
Airport;
(2) 
Amusement park of a permanent character;
(3) 
Cemetery, including columbarium, mausoleum, or crematory;
(4) 
Resorts, spas;
(5) 
Racetrack;
(6) 
Stadium;
(7) 
Indoor shooting range;
(8) 
Manufactured home/mobile home park;
(9) 
Recreational vehicle/travel trailer park or campground;
(10) 
Concrete batching plant;
(11) 
Outdoor theater;
(12) 
Community residential care facility provided all city regulations are met in addition to any conditions set forth via the SU/special use zoning hearing process;
(13) 
Landfill;
(14) 
Mining;
(15) 
Planned residential developments.
(a) 
Permitted uses include single-family homes, townhouses, and apartments, and associated accessory structures as regulated by an underlying zoning district or an approved site plan. Permissive commercial uses may be allowed, up to 25% of the gross floor area of the development.
(b) 
A site plan for a P.R.D. shall include information as to the maximum number of dwelling units and/or density; maximum and minimum lot sizes; maximum building height; minimum building setbacks; architectural design standards including but not limited to exterior wall materials and colors, roof materials and colors; preliminary grading and drainage plan; landscape design standards, parking, site lighting; design of walls and fences visible from public rights-of-way; and pedestrian amenities;
(16) 
Public utilities, electric facilities including, but not limited to, substations, switching stations and generation;
(17) 
Boarding house (boarding, lodging house, or bed and breakfast);
(18) 
Any use or combination of uses not otherwise permitted under a specific zoning district.
(Ord. 18-20; Am. Ord. 21-04; Am. Ord. 25-02)

§ 154.44 T-Z: TRANSITIONAL ZONING DISTRICT.

(A) 
Purpose. This zoning district permits low density residential uses on an interim basis for newly annexed areas. All provisions of the R-1 District shall apply to those areas zoned T-Z except as noted below.
(B) 
The T-Z Transitional Zoning District shall consist of territory annexed in which long-term land uses and development policies consistent with the city’s comprehensive plan have not yet been determined.
(C) 
No conditional uses shall be allowed in the Transitional Zoning District.
(D) 
No subdivision of property shall be permitted in the Transitional Zoning District, except for lot consolidation.
(E) 
A permanent zoning district for the annexed territory shall be adopted by the Governing Body when long-term land use and development policies consistent with the city’s comprehensive plan have been determined.
(F) 
Permissive uses.
(1) 
One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;
(2) 
Accessory buildings or structures, as defined in Article III, Section 154.70(A);
(3) 
Accessory living space, as defined in Article III, Section 154.70(A);
(4) 
Noncommercial gardens, swimming pools, tennis courts and greenhouses;
(5) 
Parks, open spaces, recreational parks, and public facilities;
(6) 
Home occupations;
(7) 
Construction trailers, as defined in Article III, Section 154.75(C);
(8) 
Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);
(9) 
Family child care facility with a capacity of six or less;
(10) 
Second kitchen;
(11) 
Model home or sales office, as defined in Article III, Section 154.75(A);
(12) 
Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;
(13) 
Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;
(14) 
Churches and other places of worship, Sunday school buildings, and parish houses;
(15) 
Amateur radio antenna;
(16) 
Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A).
(Ord. 18-20; Am. Ord. 21-15)

§ 154.45 OFF-PREMISES ADVERTISING SIGNS.

(A) 
Off-premises advertising signs are considered a distinct land use and shall be approved via the conditional use permit process or administratively as set forth herein.
(1) 
A conditional use permit is required for a digital off-premises sign and shall be valid for 10 years. A new application shall be required thereafter.
(2) 
Criteria to deny approval of a conditional use permit may include but are not limited to the following:
(a) 
The conditional use permit for the sign is in conflict with the safety and general welfare of the city.
(b) 
The conditional use is not in conformance with the comprehensive plan or other approved master plans.
(c) 
A change in community conditions directly related to off-premises advertising.
(B) 
Off-premises digital advertising signs are permitted on nonresidential, private property and public property, excluding all right-of-way areas, within the area identified herein as the Off-Premises Advertising Overlay Zone (OAOZ). The overlay zone is as follows:
(1) 
Within 75 feet of the east or west right-of-way lines of NM 528/Pat D’Arco Highway from the southern city limit to US HWY 550.
(2) 
Within 75 feet of the south right-of-way line of US HWY 550 between NM 528/Pat D’Arco Highway and the alignment for the Northwest Loop Road.
(3) 
Within 75 feet of the right-of-way lines of Paseo Del Volcan between Unser Boulevard to US HWY 550.
(4) 
Within 75 feet north or south of the right-of-way lines of Southern Boulevard between NM 528/Pat D’Arco Highway and Unser Boulevard.
(5) 
Within 75 feet east or west of the right-of-way lines of Unser Boulevard from the southern city limit to Progress Boulevard.
(C) 
Off-premises digital advertising signs permitted in this section shall be in accordance with the following criteria:
(1) 
Signs shall be in accordance with the following:
(a) 
A maximum of 11×22: 242 square feet.
(b) 
Twenty-four-foot maximum height.
(2) 
Both sides of a sign shall have copy. Embellishments and animation are prohibited.
(3) 
When within 100 feet of an elevated roadway, the height measured from the bottom of the sign may be a maximum of 10 feet above the elevated roadway.
(4) 
Electronic video display signs shall have an automated dimming feature (photocell) to adjust for lower light and night conditions.
(5) 
Signs shall be located in a nonvehicular area or within a landscape planter.
(6) 
A minimum separation of 10,560 feet is required between off-premises signs located on the same side of a street and a separation of 5,280 feet is required from another off-premises sign located on the opposite side of a street. A minimum separation of 300 feet (including rights-of-way) from single-family residential development shall be maintained. No off-premises advertising sign shall be located within 100 feet of an on-premises sign located on another parcel. The off-premises advertising company shall provide a survey stamped by a registered surveyor or engineer verifying the aforementioned distance separations.
(7) 
Off-premises advertising signs shall be maintained and shall be administratively reviewed on an annual basis to ensure sign maintenance.
(8) 
Failure to maintain signs shall result in a public hearing if applicable before the Planning and Zoning Board to determine the appropriateness of continuing the use.
(9) 
The support structure shall be skirted with a decorative base.
(Ord. 23-22)