This district intended to provide for a wide variety of retail, personal service, wholesale office, and other general service types of uses for the consumer population of the entire community and, because of the heavy traffic generating characteristics and potentially detrimental appearance and performance. This district is available, upon application to the City of Roswell with approval by the planning and zoning commission under the rules of the commission and city council, to property owners located on the periphery of residential areas on the north and south sides of Second Street (U.S. Hwy 70/380).

A.

Permitted uses.

1.

Any use permitted in the C-2 district.

B.

Special uses.

1.

Any special use permitted in the C-2 district.

All commercial lots in the C-4 district shall conform to the following site access restrictions to deter encroachment of commercial traffic into residential areas and promote a harmonious shift from commercially zoned districts to the residentially zoned districts.

A.

Commercial lots abutting an alley with a residentially zoned district on the opposite side of that alley are required to have a permanent and solid screen fence or wall, six feet in height, along the entire property line abutting the alley and residentially zoned district. This fence or wall shall be constructed to prevent vehicular or pedestrian access onto the commercial lot from the alley or residentially zoned district. Alley access to commercial lots in the C-4 district will not be permitted in order to promote a harmonious shift from commercial to residential, reduce traffic and improve public safety.

B.

Commercial lots abutting a local street with a residentially zoned district on the opposite side of that street will have limited access to the commercial lot from the local street. A fence or wall shall be constructed to limit vehicular or pedestrian access onto the commercial lot from the local street or residentially zoned district. Local street access in the C-4 district will be limited in order to promote a harmonious shift from commercial to residential, reduce traffic and improve safety.

A.

Front yard setback.

1.

Properties facing onto Second Street shall be no less than 40 feet from the designated front or address property line.

2.

Properties facing onto all other streets shall be no less than 25 feet from the designated front or address property line.

B.

Rear yard setback shall be no less than five feet from the rear property line when abutting the alley.

C.

Side yard setback is not required unless the side property line abuts a residential zoning district. Where a side property line abuts a residential district, the minimum side yard setback shall be 20% of the lot width or 35 feet, whichever is less.

D.

Street side yard setback.

1.

Properties abutting Second Street shall be no less than 40 feet from the designated property line.

2.

Properties abutting all other streets shall be no less than 25 feet from the property line.

A.

The minimum number of parking spaces required for any given use in the C-4 district will be as outlined in the zoning ordinance for all uses, less ten %, to accommodate the smaller commercial lots on Second Street in the C-4 district.

B.

On-street parking is allowed in the right-of-way along Second Street wherever parking lanes have been provided and indicated by the NMDOT. These dedicated on-street parking areas, wherever legal, can be used to count towards the minimum parking requirements for each lot as outlined in this section and in the zoning ordinance for all uses.

Commercial developments in the C-4 district are not required to designate a specific site for loading or unloading; however, adequate access must be provided to allow a means for delivery trucks to enter and exit the property without creating a safety hazard for patrons or vehicular traffic on Second Street, U.S. Highway 70/380. Access from the alley is not permitted and access from local streets is restricted.

A.

Screen fences along or abutting Second Street shall not be permitted. Fences and walls shall be placed at the property lines adjacent to or abutting the alley and may have a pedestrian gate to allow for access to the alley from the property. Dumpsters shall be wholly enclosed with a six-foot high screen fence accessible from the alley. Fences and walls may not exceed eight feet in height.

B.

Accessory structures on a commercial lot in the C-4 district shall be attached to, and on the side of the principal structure with the rear wall of the structure at the rear property line of the lot. The accessory building shall not extend beyond the limits of the principal structure to the front and the side yard setbacks. Accessory structures shall not be placed in existing required parking spaces and/or landscape areas.

C.

All structures and other obstructions that require space or that obstruct the free-flow of pedestrian, handicapped, or vehicular traffic shall be included on the construction plans submitted for a building permit. These include, but are not limited to: fire hydrants, landscaping, signs, accessory structures, and utility poles.

D.

Where the fence or wall is constructed out of conventional materials, barbed wire is only used at the top of the fence or wall for security purposes then no more than three strands of barbed wire may be placed at the top of the fence. Fences shall not consist of barbed wire alone. Concertina wire is not permitted for commercial/industrial security fencing purposes.

A.

All commercial properties in the C-4 district shall have their dumpsters and grease bins located in the alleyways, where all removal of rubbish and grease shall also occur. In addition, dumpsters shall not be placed so to impede access thru alleys to the extent possible.

B.

All new dumpsters and grease bins in the C-4 district shall be constructed as shown in article 34, section 7.