Accessory structures shall not be constructed or established on a lot until construction of the principal structure is completed or the principal use is established; however, an accessory structure may be constructed before the principal structure when development approval has been granted for both the principal and accessory structures. An accessory structure may be approved on a lot adjacent to a lot containing a principal structure where the lots are in common ownership and there are terrain or locational constraints on the lot with the principal structure.

The accessory structure shall share a driveway and utilities with the principal use or structure unless prohibited by terrain constraints.

The accessory structure shall not contain a kitchen or cooking facilities, including kitchen appliances, unless approved as part of an approved home occupation or nonresidential use. If a kitchen is provided for such use, the accessory structure shall not also contain a half bathroom.

Agricultural and grazing and/or ranching accessory structures shall be permitted on property where the principal use is agriculture, grazing and/or ranching, provided that a development permit is obtained in accordance with the siting and design standards of this SLDC.

Residential accessory structures shall not be designed such that they can be used for dwelling purposes. Accessory dwelling units are governed by Section 10.4.

Residential accessory structures shall not contain a full bathroom; a toilet and sink shall be permitted but no shower or bath shall be permitted.

An accessory structure may be approved on a lot adjacent to a lot containing a principal structure where both lots are in common ownership, where the lot with the principal structure has terrain or locational constraints.

Only one accessory dwelling unit shall be permitted per legal lot of record. Platted major subdivisions shall only be permitted to have an accessory dwelling unit if their approval and reports and SRAs allowed and accounted for this.

The heated area of the accessory dwelling unit shall not exceed the lesser of: (a) fifty percent (50%) of the heated floor area of the principal residence; or (b) 1,400 square feet.

Water and electricity for the accessory dwelling unit shall be shared with the principal residence. Liquid waste disposal shall be in common with the principal residence; however, if the principal residence is on a septic system, then any modifications to the system to accommodate the accessory dwelling unit shall be approved by NMED.

Code violations are present on the property;

Adequate access is not available;

Adequate infrastructure is not in place;

The proposed home occupation is a roofing or towing business, construction yard, port-a-potty leasing business, involves retail sales open to the public, vehicle leasing business, crematories, auto paint and body shop, heavy industrial uses, a cannabis establishment, cannabis consumption area, or cannabis courier.

A home business may be located in any residential district, subject to the provisions of this Section.

The operator of the home business shall reside in a dwelling unit on the property.

All employee ingress/egress activity and deliveries shall occur between the hours of 8 a.m. and 8 p.m. Monday through Saturday.

Signage is governed by Table 10-1 and Section 7.9.10.

Limited storage of business-related property is allowed outside of the residence, but the storage area shall count as part of the square footage allocation shown in Table 10-1 and shall be shielded from the view of nearby properties. Where additional storage is allowed in accessory buildings, no display of goods or merchandise shall be visible from outside the enclosed building space, and a partition wall at least six feet in height shall separate business storage from other residential storage space.

The home business shall not create noise, vibration, glare, fumes or odors detectable to reasonable sensory perception outside the boundaries of the property.

A “no impact” home occupation includes business activity by the resident and up to one non-resident employee. All business activity shall occur within the home and any permitted accessory buildings. A “no impact” home occupation is one in which there is no exterior evidence that business is occurring on property.

A low impact home occupation includes business activity by the resident and up to three non-resident employees. A “low impact” home occupation is one in which the business is allowed a limited number of visitors/appointments and a small identification sign. The only exterior evidence of the home business is in the form of slightly increased visitation and/or traffic.

A medium impact home occupation includes business activity by the resident and up to five non-resident employees. Because of the larger impacts from increased employees and visitors, a medium impact home occupation requires a Conditional Use Permit to determine whether the business is appropriate for the area and whether additional conditions are required to ensure the residential character of the area is maintained.

Parking associated with the home occupation shall be regulated as follows:

The maximum number of vehicles that are associated with the business and located on the subject property shall not exceed six at any time, including, but not limited to, employee vehicles, customer/client vehicles, and vehicles to be repaired. No more than two pieces of heavy equipment may be located on the property at any time for a low impact home occupation. A Conditional Use Permit is required for any more than two pieces of heavy equipment for a Medium Impact Home Occupation.

A condominium (including constructed condominium units and unconstructed condominium units) is in conformance with this Section when:

A condominium (including constructed condominium units and unconstructed condominium units) existing at the adoption of this Section that is not in conformance with Section 10.7.4.1 above is a nonconforming condominium. Nonconforming condominiums are subject to the following:

No construction dumpster may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic;

Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and

Every construction dumpster shall be routinely emptied so it does not create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials and stagnant water.

No such building, structure, or tent shall be permitted to remain on the site for a consecutive period exceeding two weeks;

Sufficient space for parking shall be provided on the site to meet the anticipated needs;

Adequate provision shall be made for utility services; and

No exterior amplifiers, speakers, or other similar equipment shall be permitted outside of the temporary building, structure, or tent.

This Section shall apply to the activities of itinerant vendors operating within the County.

The provisions of this Section shall not apply to persons, business entities or their agents selling only fruits, vegetables, berries, eggs, or any farm produce in accordance with the locations and durations identified in Table 10-2.

An itinerant vendor may only operate in nonresidential, mixed-use and traditional community zones as defined in Chapter 8.

An itinerant vendor shall not obstruct, or cause or permit the obstruction of, the passage of any sidewalk, road, avenue, alley or any other public place, by reason of people congregating at or near the place where goods, wares, food, or merchandise of the vendor is being sold or offered for sale.

An itinerant vendor shall locate outside of any public right-of-way and shall not locate a vehicle, other conveyance, temporary stand, or merchandise within twenty feet (20') of any public road or within twenty feet (20') of the intersection of any public road and private driveway. Access to the itinerant vendor’s vehicle, conveyance or stand from a public right-of-way shall be clear and unobstructed and shall not impede the ordinary flow of traffic on said right-of-way.

Permits for signs or signage shall be in accordance with Section 7.9.12.

No vehicle, other conveyance or temporary stand of an itinerant vendor shall be located closer than twenty feet (20') from any building or structure on the licensed property or adjoining property.

No vehicle, other conveyance or temporary stand of an itinerant vendor shall locate closer than fifty feet (50') from flammable combustible liquid or gas storage and dispensing structures.

All itinerant vendors shall place at least one (1) thirty (30) gallon garbage receptacle upon the site.

Itinerant vendor sites shall be cleaned of all debris, trash, and litter at the conclusion of daily business activities. Additionally, all vehicles, trailers, displays, pushcarts or other conveyances containing the wares of itinerant vendors shall be removed from the vendor site at the conclusion of each daily business activity.

An itinerant vendor shall not sell or vend from his or her vehicle or conveyance:

An itinerant vendor that operates continuously at the same location, may only operate at that location for a total of 60 days in any calendar year and shall relocate to a new location or cease to operate.

Outdoor sales and display of retail goods, wares, and merchandise are permitted accessory uses in the Commercial General (CG) and Mixed Use (MU) districts if shown on the approved site development plan.

An outdoor sales and display shall be customarily incidental to a principal use in the district in which the outdoor sales and display is permitted. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas, except as provided in Section 10.10 (Itinerant Vendors).

An outdoor display is subject to a minimum setback of 20 feet from an adjoining property line.

Outdoor display shall be screened from view along any property line abutting a residential zoning district. To the extent that buildings on the premises are located in order to screen views from adjacent roads and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls, and enclosures.

All outdoor displays shall be located on the same lot as the principal use.

Areas used for such display shall be furnished with a hard surface material.

Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress.

Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios Chapter 7. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required.

Enclosed by a non-climbable fence or wall at least six feet in height; and

Screened from view along any property line abutting a residential zoning district.

The total area covered by building shall not exceed 50 percent of the site.

No outside storage is permitted except outdoor storage of recreational vehicles and boats in areas so designated on an approved site development plan.

The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited.

The facility shall be enclosed by a non-climbable fence or wall at least six feet in height; and

The facility shall be screened from view along any property line abutting a residential zoning district.

No business activity other than the rental of storage units shall be conducted on the premises.

One dwelling unit is permitted on the same lot for use as a caretaker dwelling.

Home sites/lots shall have a minimum lot size of thirty-five hundred (3,500) square feet. Note that the zoning requirements of the district in which the park is located (see Chapter 8) may dictate a larger minimum lot size.

Mobile homes shall be located on each lot so as to provide:

Two (2) off-road parking spaces shall be provided for each mobile home space, which shall be gravel or paved in concrete or asphalt.

Walkways from all mobile home spaces to all common areas within the mobile home park shall be provided, and such walkways shall not be less than thirty-six (36) inches wide and constructed of a hard surface material (e.g., concrete, asphalt, brick or flagstone).

Lighting shall be provided for all roads and walkways.

Roads within the park shall comply with Chapter 7.

The perimeter of the park shall be landscaped to blend with the surrounding land contours and vegetation.

A step pad shall be located adjacent to each mobile home stand and constructed of hard surface material (e.g., concrete, asphalt, brick or flagstone), with a minimum area of seventy-two (72) square feet and a minimum thickness of four (4) inches.

All service buildings and grounds of the mobile home park shall be maintained in a clean condition and kept free of any conditions that will menace the health or safety of any occupant and the public and shall not constitute a nuisance.

No more than five (5) large commercial vehicles shall be permitted in a trade contractor business;

Outside storage shall not exceed 1500 square feet, including vehicle storage, and shall be screened by a six-foot-high solid wall or fence. All other storage shall be within a building.

Small-scale wind energy facilities shall not exceed 55 dBA or 5 dBA above ambient noise levels, whichever is less as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages or severe wind storms.

Audible sound from a large energy facility shall not exceed fifty-five (55) dBA or 5 dBA above ambient whichever is less as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages or severe windstorms. Methods for measuring and reporting acoustic emissions from wind turbines and the large wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

The facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems. If it is demonstrated that a facility is causing disruptive interference beyond the site, the applicant shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, or television signals, including any public agency radio or microwave systems, caused by the facility.

There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence. Certificates shall be made available to the County upon request.

A development agreement can be entered into between the property owner, the County and the facility owner, carrying out all conditions of the development order approving or conditionally approving the large wind energy facility, and all other requirements of this Section and the requirements of other applicable County, state or federal ordinances, regulations or laws.

Satellite earth stations, satellite dishes and TV antennas; and

Routine maintenance of any existing wireless communication facility that does not include the placement of a new wireless communication facility, modification of an existing wireless communication facility, or installation of a collocation.

Requiring a wireless communication permit or CUP permit for the placement, construction of any new wireless communication facility, or for the collocation or modification of an existing wireless communication facility;

Implementing an application process for a person(s) or entity(ies) seeking a wireless communication permit or CUP permit;

Minimizing the impact of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility;

Encouraging whenever possible the location and collocation of wireless communication equipment on existing structures, thereby minimizing adverse visual, aesthetic, and public safety impacts and effects upon the natural environment and wildlife, and reducing the need for additional antenna supporting structures;

Accommodating the growing need and demand for wireless communication services;

Encouraging coordination between providers of wireless communication services;

Protecting the character, scale, stability, and aesthetic quality of the County’s residential districts by imposing reasonable restrictions on the placement of certain amateur radio facilities;

Establishing review procedures to ensure that applications for wireless communication facilities are reviewed and acted upon within a reasonable period of time;

Providing for the removal of discontinued antenna supporting structures;

Providing for the replacement or removal of nonconforming antenna supporting structures;

Complying with the policies embodied in the federal Telecommunications Act of 1996 (47 U.S.C. 332(c)) in such a manner as to:

Complying with the policies embodied in § 6409(a) of the federal Spectrum Act (47 U.S.C. 1455), adopted by Congress in Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. No. 112-96, Feb. 22, 2012), relative to the processing of any application for an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station. Acknowledging that according to the FCC, the clear intent of Congress in adopting this Act was to advance wireless broadband deployment, which it is believed will promote billions of dollars in private investment and create tens of thousands of jobs.

Determining when an eligible facilities request is specifically made under the Spectrum Act and herein, which imposes mandatory approval and establishes a 60-day timeline for processing a request to modify an existing wireless tower or base station where the modification does not substantially change the physical dimensions of an existing tower or base station.

Determining when a requested modification of an existing wireless tower or base station does or does not constitute a substantial change under the Spectrum Act.

The height limitations of wireless communication facilities shall be governed by Table 10-3. Except for stealth facilities, amateur radio antennas as covered in Section 10.17.14 below, or height restrictions as otherwise provided in this Section below, the overall height of any antenna supporting structure shall not exceed 150 feet:

Antenna supporting structures shall be of a monopole-type construction only, guyed or unguyed, except as follows:

The floor area for a wireless communication facility shall be calculated based on the total square footage of all equipment enclosures associated with the facility.

Antenna supporting structures and ancillary appurtenances, including transmission lines, shall maintain a tan adobe finish or other contextual or compatible color as determined by the Administrator, except as otherwise required by the FAA or the FCC.

A fence of at least six (6) feet but no more than eight (8) feet in height from finished grade shall be installed in order to completely enclose the base of the antenna supporting structure and associated equipment. Access to the antenna supporting structure shall be controlled by a locked gate. The fence shall be constructed in accordance with Chapter 7 of this Code. Any access gate(s) shall be secure and kept locked except for access by Applicant’s personnel including any maintenance individuals.

All antenna supporting structures shall comply with the safety standards contained in the American National Standards Institute/Telecommunications Industries Association (ANSI/TIA) document 222-G, “Structural Standard for Steel Antenna Towers and Supporting Structures,” as amended, revised or supplemented by addenda. ANSI/TIA-222-G addresses such factors that include, but are not limited to, default design parameters, wind speed resistance based on a three-second-gust wind speed, ice formation, climber safety, structure load details, mounting frames, classification of structures, earthquake design, topographic categories, ground surface exposure categories and soil parameters.

In order to justify locating a proposed antenna supporting structure within a zoning district lower in the hierarchy, the applicant shall adequately demonstrate that siting alternatives within higher-ranked districts in the following order are not reasonable or feasible: developments of countywide impact; industrial; commercial; agricultural/ranching; planned districts; residential and rural residential; flood hazard areas, habitat areas and corridors, mountains and hillsides, rivers and streams, wetlands, scenic byways and trails; or airport overlay. Such demonstration shall be made by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer.

Any tower or base station that exists upon the effective date of this Code that was constructed or deployed without proper review by the County, was not required to undergo siting review, or supports transmission equipment that did not receive any State or County regulatory approval shall not be subject to the granting of a collocation application. The restrictions in this Section do not apply to femtocells, satellite dish antennas or personal TV antennas, when each is installed for personal use. It shall also not apply to a stealth facility.

In addition to any potential sites for constructing antenna supporting structures that are restricted or subject to compliance requirements under the National Environmental Policy Act of 1969 (NEPA), the National Historic Preservation Act of 1966 (NHPA) or related rules of the FCC, no antenna supporting structure shall be constructed on any property, dwelling or structure in the County listed as an archeological, historic, scientific, architectural or cultural property or resource on the “New Mexico Register of Cultural Properties” pursuant to rules of the Cultural Properties Review Committee and Historic Preservation Division of the New Mexico Department of Cultural Affairs. Nor shall an antenna supporting structure be constructed on any land that is the subject of a conservation easement or that has been designated as open space.

Any New Mexico business entity contracted to construct a broadcast tower or wireless communication tower under this Section shall be a licensed GF-7 contractor pursuant to state rule 14.6.6 NMAC (“Classifications and Scopes”) as most recently amended, which rule was adopted by the Construction Industries Division of the Regulation and Licensing Department.

The short processing time and mandatory approval for a modification under the Spectrum Act applies to an eligible facilities request for modification of an existing wireless tower or base station that substantially changes the physical dimensions of an eligible support structure, and involves:

In determining whether a modification substantially changes the physical dimensions of an eligible support structure, changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally such as on a building’s rooftop. In other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (February 22, 2012). A substantial change occurs, if it meets any of the following criteria:

A modification that does not substantially change the physical dimensions of an eligible support structure would consist of proposed dimensions or increases that are less than any of the dimensions or increases described in paragraphs 1 through 4 of Section 10.17.4.2 above. Additionally, a modification that does not substantially change the physical dimensions of an eligible support structure is one that does not entail any excavation or deployment outside the current site of an existing facility, or its modification would defeat the concealment elements of a stealth facility.

All collocated antennas and ancillary appurtenances shall maintain a sandstone finish or other contextual color that is compatible with the environment or the building to which they are attached.

The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of collocations.

Roof-mounted antennas may be placed only on commercial nonresidential, institutional, industrial, and multifamily buildings.

Roof-mounted antennas shall be of a monopole-type construction.

Roof-mounted structures, ancillary appurtenances, and equipment enclosures shall maintain a color to match as closely as possible the color and texture of the wall of the building on which they are mounted.

No signs may be placed on any roof-mounted structure, ancillary appurtenances, or equipment enclosures.

The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of roof-mounted structures.

Surface-mounted antennas shall be placed not less than 15 feet from the ground and, where proposed for placement on a building, shall be placed so that the antenna shall be at least three feet below the roof line.

Surface-mounted antennas and associate ancillary appurtenances shall maintain a color that is the same as the surface to which they are attached, unless another color is more compatible within the context of the proposed facility and the surrounding environment. Transmission lines shall be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building or structure to which they are attached.

The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of surface-mounted structures.

The overall height of a proposed stealth wireless communication facility shall be limited to that which is allowed within the zoning district in which the facility is to be located, and which is consistent with the surrounding community. However, in no case may the overall height of any stealth facility exceed 50 feet. Stealth wireless communication facilities proposed within a O-AN district and within proximity of an airport, as set forth in 47 CFR section 17.7 (Antenna Structures Requiring Notification to the FAA) and Title 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) both as most recently amended, shall comply with the provisions of those regulations and provide the Administrator with a copy of either the Determination of Hazard to Navigation or the No Determination of Hazard to Navigation notice, whichever is issued pursuant to 14 CFR section 77.9.

No stealth facility may have antennas or ancillary equipment that is readily identifiable from the public domain as wireless communication equipment. Stealth facilities shall be designed to be reasonably consistent with the surrounding built or natural environment. In order to determine compliance with this requirement, the following criteria shall be considered:

The need for temporary towers arises when there is insufficient time to complete an environmental notification process before a temporary tower must be deployed to meet short-term wireless communication demands. Such need for deployment includes:

Temporary towers are authorized subject to the following restrictions:

Thirty (30) days shall elapse following the removal of one temporary tower before the same applicant may rely on the authority for another temporary tower covering substantially the same service area.

Unless excepted by Section 10.17.1, all wireless telecommunication facilities are subject to zoning approval in accordance with Chapter 8 of the SLDC and this Section. The use matrix sets forth the process required based on the applicable location and facility type.

Application review standards are indicated by facility type below in Sections 10.17.10.5 through 10.17.10.7 and are in addition to the applicable standards of Chapters 7 and 8 herein.

Notwithstanding any other review/approval timeframes for development permits or CUP permits under this SLDC, an application for the siting of a new wireless communication facility shall be reviewed and a final decision issued by the Administrator or Planning Commission within 150 days from the date of submittal of the application.

Notwithstanding any other review/approval timeframes for development permits or CUP permits under this SLDC, an application for modification of an existing wireless communication facility that does not substantially change the physical dimensions of an eligible support structure shall be reviewed and a final decision issued by the Administrator within 60 days from the date of submittal of the application to the Administrator. “Modification” of a wireless tower or base includes collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission of equipment.

Notwithstanding any other review/approval timeframes for development permits under this SLDC, an application for modification of an existing wireless communication facility that substantially changes the physical dimensions of an eligible support structure shall be reviewed and a final decision issued by the Planning Commission within 150 days from the date of submittal of the application to the Administrator; or within 90 days from the date of submittal of the application to the Administrator if the modification application is for collocation of new transmission equipment. The procedures in paragraphs 1 through 6 of Section 10.17.10.5 above shall apply.

In the event that all legally approved use of an antenna supporting structure or antenna has been discontinued for a period of at least 180 consecutive days, the Administrator shall make a preliminary determination of discontinuance and revocation of the development permit or CUP permit. In making such a determination, the Administrator may request documentation and/or affidavits from the property owner and/or the owner of the wireless facility as to the continued use of the facility.

The property owner and owner/operator of the wireless facility shall file a consolidated annual report with the Administrator as to the continued use of the facility and provide updated contact information. Such report shall be due every 12 months on the anniversary of the granting of the wireless communication facility development permit or CUP permit. Failure on the part of a property owner or owner of the wireless facility to provide the annual report shall be presumptive evidence of discontinuance.

At such time as the Administrator reasonably determines that an antenna supporting structure or antenna has been discontinued, the Administrator shall provide the property owner and owner/operator of the wireless facility with a written notice of discontinuance and revocation of the CUP by certified mail or hand-delivered, at the last and usual place of business or residence, and set the matter for a public hearing with the Planning Commission for the first available date no sooner than 30 days after the notice of discontinuation and revocation of the CUP was mailed.

The Administrator shall establish at a public hearing by a preponderance of evidence that the subject facility has discontinued its operation by at least 180 consecutive days. Failure on the part of the property owner or owner/operator of the wireless facility to respond to the notice of discontinuance and revocation of the CUP, or to dispute discontinuance of its operation, will be evidence of discontinuance.

Based on the foregoing, or on any other relevant evidence submitted, or on testimony presented during the hearing including failure to respond, the Planning Commission shall make a final written determination on the issue of whether discontinuance of the operation by at least 180 consecutive days has occurred.

Unless the written decision of the Planning Commission is timely appealed pursuant to Section 4.5.4 of this Code, within 120 days of a determination of discontinuance, the property owner or facility owner/operator shall either:

That failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal wireless services in violation of a license issued by the FCC or federal law;

That failure to grant the variance would unreasonably discriminate among providers of functional equivalent personal wireless services;

That the variance will obviate the need for additional antenna supporting structures;

That the variance is necessary to ensure adequate public safety and emergency management communications; or

That the variance is the minimum necessary in order for the applicant to provide broadcast services pursuant to an FCC-issued construction development approval.

Amateur radio antennas and radio facilities shall be owned and operated by a person holding either a valid Technician License, General License or Amateur Extra License issued by the FCC, or an unexpired grandfathered Novice, Technician Plus or Advanced license that was previously issued by the FCC, which licensee shall also hold a valid Station License, all as issued by the FCC pursuant to 47 CFR Part 97.

A minimum setback of a distance equal to the height of the radio antenna or tower shall be required and no antenna or its supporting structure shall be located in the front setback.

Guyed structure’s anchors of any radio antenna shall be set back at least five feet from the property line.

All lattice towers shall be within the licensed operator’s property where it shall either be enclosed by a six-foot perimeter fence of solid construction or protected by a climb guard device at least six feet in height.

Maintenance or replacement of existing facilities that does not increase the height and otherwise complies with the restrictions herein shall be allowed without a permit.

Fixed amateur radio antennas and radio facilities shall not exceed 45 feet in height from ground level.

Crank-up amateur radio antennas may extend to a maximum height of 75 feet from ground level, provided the lowered height does not exceed 45 feet and the crank-up tower is retracted when not in use.

Heights greater than those described above may be approved by application for a Conditional Use Permit, provided that the structure is reasonably necessary for the principal use, the proposed height is the minimum necessary for proper functioning, and the proposed accessory structure will not adversely affect neighboring properties.

No amateur radio station antenna or tower shall be sited such that, in the event of its fall, it could fall outside of the boundaries of the property on which it is sited.

Antenna support structures shall be located on property so as to provide adequate setbacks from above-ground utility power lines.

Before placing an amateur radio station on land of environmental importance or that is significant in American history, architecture or culture, the amateur radio station applicant may be required to take certain actions prescribed by 37 CFR sections 1.1305 to 1.1319 of FCC regulations.

An antenna that is one meter (3.28 feet) or less in diameter and is used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;

An antenna that is one meter (3.28 feet) or less in diameter or diagonal measurement and is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite;

An antenna of any size that is used for residential purposes to receive television broadcast signals and high speed internet; and

A mast no higher than 24 feet in height supporting an antenna described in Subsections 1 through 3 above.

In the required front or side yards in any residential or commercial district; or

On the roof or wall of a building that faces a public right-of-way.

An operations plan for the small-scale sand and gravel activity consisting of the following:

A reclamation plan shall be provided that is designed and certified by a New Mexico registered professional engineer or landscape architect, and meets the reclamation standards specified below in Section 10.19.3.4. The plan shall restrict extraction activity to areas of workable size so that no area is left inactive and unreclaimed for more than 60 days, unless approved by the conditional use permit. The plan shall specify any phasing of reclamation and estimate the cost of the entire reclamation project. A financial guarantee shall be posted to implement the reclamation plan at 125% of expected cost of the reclamation. The reclamation plan does not replace a landscape plan that may be required for any subsequent development of the gravel processing and extraction site.

The reclamation plan shall comply with the following standards:

An annual operating plan and monitoring report, capable of audit, shall be prepared and submitted to the Land Use Administrator by January 31st each year. The report shall summarize the operations of the previous year including number of truck trips and sizes of trucks, the area mined, quantities mined in tonnage and cubic yards, the amount of area undergoing reclamation, and the success of reclamation including any notices of violation issued and their outcome.

Any small-scale sand and gravel extraction activity existing prior to January 1, 1981 and having been in continuous operation, may continue operations and may expand up to 25% beyond the area currently and formerly mined on that parcel. Any small-scale sand and gravel extraction activity approved by the County prior to the adoption of this SLDC may continue operations in accordance with their final County approvals. Any new phase or further expansion proposed, not previously approved, shall comply with this SLDC.

Sexually oriented businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the County;

The concern over sexually transmitted diseases is a legitimate health concern of the County which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;

Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation;

There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a negative effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, potential for excessive noise, disorderly conduct, and the downgrading of property values;

It is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to blight and downgrading the quality of life in the adjacent area;

It is desirable to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; preserve the quality of life; preserve property values and the character of surrounding neighborhoods and deter the creation of blight;

It is not the intent of this Section to suppress any speech activities protected by the First Amendment of the U.S. Constitution or Section 17 of the New Mexico Constitution, but to enact content neutral requirements in a Code which address the negative secondary effects of sexually oriented businesses; and

Evidence exists concerning the adverse secondary effects of adult uses on the community presented to the Board, which relies on the authority established in cases such as City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S. Ct. 1382 (2000), City of Littleton v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004), Fantasyland, Video Inc., v. County of San Diego, 505 F.3d 996 (9th Cir. 2007), SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), Zibtluda LLC v. Gwinnett County Georgia Bd. of Commissioners, 411 F.3d 1278 (11th Cir. 2005), Abilene Retail #30, Inc. v. Bd. of Comm’rs of Dickinson County, 492 F.3d 1164 (10th cir. 2007), and further relies on studies commissioned by other communities including, but not limited to, Phoenix, Arizona (1979 & 1995-1998); Minneapolis, Minnesota (1980); St. Cloud, Minnesota (1994); Houston, Texas (1983 & 1997); Indianapolis, Indiana (1984), Amarillo, Texas (1977); Garden Grove, California (2001); Los Angeles, California (1977); Whittier, California (1978); Spokane, Washington (2001); Oklahoma County, Oklahoma (1986); Greensboro, North Carolina (2003); Beaumont, Texas (1994); Dallas, Texas (1997); Newport News Virginia (1996); Bellevue, Washington (1998); Seattle, Washington (1989); New York, New York (1994); and St. Croix County, Wisconsin (1993); and also the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota). This evidence justifies the limited and targeted regulation described in succeeding paragraphs.

Adult arcades;

Adult bookstores, adult novelty stores, or adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult theaters; and

Semi-nude model studios.

It is unlawful for any person to operate a sexually oriented business without holding a valid sexually oriented business license issued by the County pursuant to this Section.

An application for a license shall be made on a form provided by the County. If made by an individual, it shall be signed by that person; if made by a corporation, it shall be signed by the president or vice-president; if made by a general or limited partnership, it shall be signed by a general partner; if made by a limited liability company, it shall be signed by the manager.

The application shall be signed and notarized and shall include all information required in this Section, including the following:

Information provided pursuant to licensing shall be supplemented in writing by certified mail, return receipt requested, or in-hand delivery to the Administrator within (30) thirty working days of any change of circumstances that would render the information previously submitted false, incomplete or misleading. This shall be a continuing duty and failure to timely supplement the information provided shall be grounds for suspension or revocation of this license. An applicant whose fingerprint-based background check discloses any history of Specified Criminal Activity listed in the definition section of Appendix A, shall be responsible for providing documentary proof to the Administrator of the disposition of those cases disclosed.

If an omission or error is discovered by the Administrator or the applicant has improperly completed the application, the application will be returned to the applicant who shall be afforded (21) twenty-one calendar days to correct it. During the period in which the applicant is given to correct the application, the time period for granting or denying the license shall be stayed until a corrected application is submitted. No additional fee will imposed upon the applicant.

The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

A person who possesses a valid business license from the County is not exempt from the requirement of obtaining a sexually oriented business license if seeking to operate such a business.

If the applicant discloses the holding, suspension or revocation of a sexually oriented business license from a government entity other than the County, the Administrator shall have the right to request true and complete copies of any such licenses or rejections thereto together with any related documents. Applicant shall provide copies of the requested document within (10) ten calendar days of the request.

Within twenty (20) business days of the filing of a completed application for a sexually oriented business license, the Administrator shall issue the license to the applicant unless one or more of the following is determined to be true:

An applicant that is ineligible for a license due to a Section 10.20.4.1.4 conviction may qualify for a sexually oriented business license only after five (5) years have elapsed since the date of the conviction or since the date of completion of the terms and conditions of parole or probation, whichever is later. An applicant with a conviction or claiming completion of the terms and conditions of parole or probation shall provide documentary proof of same to the Administrator as part of his/her application.

The license, if granted, shall state on its face the name of the person or business entity to whom it is granted, the number of the license issued to that applicant, the expiration date, and that the license is for a sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

Each license shall expire one (1) year from the date of issuance and may be renewed by paying the required renewal fee and filing a renewal application not less than forty-five (45) calendar days before the expiration date, and when made less than forty-five (45) calendar days before the expiration date, the expiration of the license will not be affected so long as the application is filed prior to its expiration. Because a sexually oriented business shall be prohibited from operating if its license expires while awaiting a determination on it renewal application, early filing is encouraged. The Administrator shall approve, approve with conditions or deny renewal of the license within twenty (20) business days.

When the County denies renewal of a license, the applicant shall not be permitted to reapply for one (1) year from the date of denial. If, subsequent to the denial, the Administrator finds that the basis for denial of the license has been corrected, abated or was minor, the applicant shall be granted a renewal license. Any denial of renewal of a license is, in any event, appealable pursuant to Section 10.20.12 herein.

Unless operated by the licensee who shall be at least 21 years of age, a sexually oriented business shall be operated by one or more registered managers who is at least 21 years of age and who shall be on the premises of the business at all times when open to the public. At all times while on duty on the premises of the business, a manager shall wear a badge indicating his/her status as a manager. No person other than a licensee of at least 21 years of age shall operate a sexually oriented business without first submitting a completed registration form with the Administrator. The registration form shall require the applicant to provide his/her legal name including any aliases, home address (other than a post office box), telephone number, date of birth after showing proof of age with a government-issued picture identification card, and signed certification that he/she has not been convicted of a Specified Criminal Activity listed in Appendix A within a five (5) year period prior to the date of filing the registration.

A manager of a sexually oriented business shall possess a copy of his/her registration at all times while on duty. While it need not be on his/her person at all times, it shall be physically available on the premises if requested during inspections.

The Administrator can deny or revoke a manager registration by written letter if an applicant for registration fails or refuses to provide a completed registration form, refuses to sign the form, provides false or misleading information on the form, discloses a conviction for a Specified Criminal Activity, or is convicted of a Specified Criminal Activity after issuance of the manager registration.

Licensee shall not employ or permit the employment of any person under the age of 18 at the licensed establishment; nor shall any person convicted of a Specified Criminal Activity listed in Appendix A within a five (5) year period prior to the date of hiring be employed. It shall be the responsibility of the licensee to verify the age and criminal history of each potential and active employee, including any performer on the premises.

A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

Licensee shall report to the Administrator within ten (10) business days any formal change in name of the sexually oriented business or any change in name of the business entity. Once reported, an amended license will be issued which issuance shall not change the duration of the license.

A sexually oriented business license shall be prominently displayed in a common area on the premises and visible to the public at all times it is open to the public.

Within one thousand (1,000) feet of a church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;

Within one thousand (1,000) feet of a public or private educational facility including, but not limited to, child day care facilities, preschools, state-approved pre-kindergarten facility, kindergartens, elementary schools, public or private schools of any grade or specialty, vocational schools, charter schools, continuation schools, colleges and universities; school includes school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

Within one thousand (1,000) feet of a boundary of a residential zoning district;

Within one thousand (1,000) feet of a public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, or other similar public land within the County which is under the control operation, or management of the County park and recreation authorities;

Within one thousand (1,000) feet of the property line of a residential use lot;

Within one thousand (1,000) feet of an entertainment business which is oriented primarily towards children or family entertainment; or

Within one thousand (1,000) feet of any business selling alcoholic beverages.

Within one hundred (100) feet of another sexually oriented business.

No sexually oriented business shall open for business or permit patrons on its premises from one o’clock a.m. (1:00 a.m.) until eight o’clock a.m. (8:00 a.m.) Mondays through Saturdays, and from one o’clock a.m. (1:00 a.m.) until twelve o’clock noon (12:00 p.m.) on Sundays.

No employee or performer mingling with patrons or serving food or beverages shall be unclothed or in such attire, costume or clothing as to expose to view the male or female genitals, pubic hair, anus, or female breast with less than a fully opaque covering of any part of the nipple.

No employee or performer shall encourage or knowingly permit any person while inside or outside of the premises of a sexually oriented business [to] touch, caress or fondle the breasts, buttocks, anus or genitals of any patron or employee.

No employee or performer shall wear or use any device or clothing that simulates a nude female breast, male or female genitals, an anus or pubic hair.

No nude or semi-nude performer shall perform, simulate or use any objects to simulate or perform any obscene acts such as acts of sexual intercourse, masturbation, oral sex or sodomy.

A list of food, beverages and their prices shall be conspicuously displayed at least once in every area of the premises where they are permitted by the business to be consumed.

No alcoholic beverages may be sold or consumed on the premises of a sexually oriented business.

Any tips for performers shall be placed by a patron in a tip box and no tip may be handed directly to a performer or inserted into the clothing of a performer.

A sexually oriented business that permits tipping shall use a tip box or tip boxes and shall have a sign conspicuously placed in at least two common areas inside of the premises that provides in at least one inch (1") high capital letters: SANTA FE COUNTY ORDINANCE REQUIRES THAT ANY TIPS MUST BE PLACED IN A TIP BOX AND NOT HANDED DIRECTLY TO A PERFORMER OR STUCK IN THE PERFORMER’S CLOTHING. ANY PHYSICAL CONTACT BETWEEN A CUSTOMER AND A PERFORMER IS PROHIBITED.

No employee or performer who dances or provides any other form of expressive performance for view by patrons shall be totally nude, semi-nude or clothed in such attire, costume or clothing so as to expose any portion of the male or female genitals, pubic hair, the anus, or the female nipple. All dances or performances for patrons shall take place only on a stage at least eighteen inches (18") above the immediate floor level.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain visual surveillance or reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which a patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this Section shall be by direct line of sight from the manager’s station. It shall be the duty of the licensee to ensure that the required view area remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks, or other materials.

No viewing room or booth may be occupied by more than one (1) person at any time.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than two (2) footcandles as measured at the floor level, and except for an adult motion picture theater, illumination shall be turned on and left on at all times that any patron is present.

To prevent patrons, performers and employees from having physical contact, no licensee shall allow openings of any kind to exist or be made in the walls between viewing rooms or booths. The licensee shall at least daily inspect the walls or partitions between viewing booths and promptly correct any openings or holes.

The licensee shall cause all wall surfaces, floor coverings and viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

No adult entertainment occurring inside the premises of a sexually oriented business shall be visible at any time from outside of the premises.

Licensee or an employee of a licensee has violated or is not in compliance with any portion of Section 10.20.

Licensee or an employee of a licensee has permitted or been unable to prevent repeated instances of disorderly conduct anywhere on the premises of the Sexually Oriented Business which tend to disturb the peace.

Licensee or an employee of a licensee has offered for sale, permitted the offering for sale, or sold or permitted the sale or use, of any liquor or controlled substances anywhere on the premises of the sexually oriented business.

Neither licensee nor a registered manager is physically present at the licensed premises at all times the sexually oriented business is open to the public.

Adult entertainment permitted by the license was offered at the licensed establishment during hours prohibited by section 10.20.10.1 of the Code.

The licensee, manager or an employee has permitted or failed to prevent patrons from engaging in public displays of indecency in violation of state law or Section 10.20.13 of this Code; or has permitted or failed to prevent patrons or employees from engaging in acts of prostitution or negotiations for acts of prostitution whether inside or outside of the licensed establishment.

The licensee made a false or misleading statement or provided false or misleading information in connection with licensee’s application for an initial or renewed license.

The licensee or manager is discovered to be under the age of 21, an employee is discovered to be under the age of 18, or a licensee or manager hired or permitted someone under the age of 18 to work or perform at the licensed premises.

The business entity of a licensee is no longer in good standing or authorized to do business in this state.

The licensee is delinquent in the payment to the County or state of any taxes or tax penalties.

The licensee or manager has knowingly permitted or failed to prevent any act of sexual intercourse, sodomy, oral sex or masturbation to occur whether inside or outside of the licensed establishment's premises.

The licensee, manager or an employee is convicted of a Specified Criminal Act. The fact that a conviction is being appealed shall have no effect on the suspension or revocation of the license. However, if such conviction has been reversed on appeal by the time of the application or while the application is being considered which is brought to the attention of the Administrator or Hearing Officer, the license will be reinstated, the appeal dismissed, and both sides will be responsible for only their own legal fees including any costs. As used herein, “conviction” shall include a finding of guilty after a trial, a guilty plea, a plea of nolo contendere, or any disposition entered by a trial court recognized as a conviction by the laws and appellate court decisions of New Mexico.

The licensee, manager or an employee refused to allow an inspection of the sexually oriented business premises as authorized by this Code.

If the Administrator determines that facts exist for denial, suspension, revocation or nonrenewal of a license under this Code, the Administrator shall notify the applicant/licensee in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. Such notice of intent shall be issued within twenty (20) business days of the Administrator’s receipt of a completed application for an initial or renewed license or within one (1) year of discovery of the grounds of revocation or suspension. The notification shall be directed to the most recent business address appearing on the application.

Within ten (10) working days of receipt of such notice, the applicant/licensee may file a written appeal with the Administrator on the denial, suspension, revocation or nonrenewal of the application/license; applicant/licensee may include a statement of reasons why the application/license should not be denied, suspended, revoked or nonrenewed. Within five (5) working days of receipt of applicant’s/licensee’s written appeal, the Administrator or a Hearing Officer shall notify the appealing party in writing of the place, date and time of hearing, which shall be held within thirty (30) calendar days. This and all other timelines in Section 10.20.12 can be waived if agreed to by the appellant and the Administrator in writing. Prior to the hearing, both sides shall provide copies of all documents they relied on and intend to introduce as evidence at the hearing as well as a list of witnesses they intend to call during the hearing. Such evidence and witness list shall be shared by the parties no later than seven (7) calendar days before the hearing. No other discovery shall be permitted. Upon request, the Hearing Officer may consider appropriate sanctions if either side fails or refuses to timely provide the other side with copies of documents or a witness list as required by this Section.

At the hearing, both the appellant and the Administrator shall have the right to present documentary evidence and witnesses. The Administrator shall proceed first and has the burden of proof which shall be by a preponderance of the evidence. Both sides may cross-examine the witnesses called by the other side. After the Administrator has rested and appellant has provided its defense and rested, both sides shall be given an opportunity to present a closing argument with the Administrator going first, followed by the appellant, and a rebuttal permitted by the Administrator.

The technical rules of evidence shall not apply, but in ruling on the admissibility of evidence, the Hearing Officer may require reasonable substantiation of statements or records tendered where the accuracy or truth of which is in reasonable doubt.

Irrelevant, immaterial, unreliable, unduly repetitious or cumulative evidence, and evidence protected by the rules of privilege (such as attorney-client, physician-patient or special privilege) shall be excluded by the Hearing Officer upon timely objection.

Witnesses shall be sworn and the hearing recorded, and either party may, at their own expense, make arrangements to have the hearing transcribed by a certified court reporter.

The Hearing Officer shall issue a written recommended decision to the parties and the Board of County Commissioners within ten (10) business days of the hearing on the issues raised by the appeal. The recommended decision shall include written findings of fact, conclusions of law and a proposed decision. The Administrator and applicant/licensee can settle a matter at any time prior to the Hearing Officer’s issuance of a recommended decision. The Administrator shall cause the recommended decision to be placed on the agenda of the Board at its next available meeting so long as its placement complies with the notice requirements of the Open Meetings Act.

The Board shall issue a final decision that accepts or rejects the findings, conclusions or recommended decision of the Hearing Officer. If the Board rejects or deviates from the recommended decision of the Hearing Officer, its final decision shall be supported by a preponderance of the evidence after conducting an independent review of the recording or transcript of the hearing together with all documents introduced. No further testimony or evidence shall be presented to the Board by anyone during this proceeding. Any final decision by the Board shall include a statement advising the applicant/licensee of the right to appeal a final decision to a court of competent jurisdiction. If the Board determines that no grounds exist for denial, suspension or revocation of a license/application, then the Administrator shall promptly issue the initial or renewed license as the case may be.

Upon a licensee’s/applicant’s filing of any court action to appeal, challenge, restrain, or otherwise enjoin the County’s enforcement of the denial, suspension, or revocation, the Administrator shall immediately issue the aggrieved party a Provisional License. The Provisional License shall allow the aggrieved party to continue operation of the sexually oriented business and will expire upon the court’s entry of a judgment on the aggrieved party’s court action.

Only a final written determination of the Administrator to deny, suspend, revoke or non-renew a license or application may be appealed for hearing before a Hearing Officer.

Knowingly and intentionally appearing in a state of nudity or engaging in Specified Sexual Activities at a sexually oriented business; or for an employee or licensee to knowingly and intentionally permitting [permit] such conduct from a patron.

Knowingly and intentionally appearing in a semi-nude condition in a sexually oriented business, unless the person is an employee who, while semi-nude, shall be at least six (6) feet from any patron or customer and on a stage at least two (2) feet from the floor.

For an employee, while semi-nude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is semi-nude in a sexually oriented business.

For an employee on the premises of a sexually oriented business, while semi-nude, to knowingly and intentionally touching [touch] a customer or the clothing of a customer.

Knowingly and intentionally allowing a person under the age of eighteen (18) years on the premises of a sexually oriented business whether as an employee or a patron.

By a proprietary school licensed by the State of New Mexico Higher Education Department (“HED”); or

By any post-secondary educational institution or regionally accredited college or university within the oversight of, or requiring registration by, the HED.

One (1) space for units with one-bedroom or efficiency apartments,

One and a half (1-1/2) spaces for units with two bedrooms,

Two (2) spaces for units with 3 or more bedrooms.

Cannabis establishments and cannabis consumption areas are uses not specifically enumerated in the Use Tables and Use Matrix in Appendix B[1] of the SLDC.

The SLDC, however, previously established comprehensive zoning for certain cannabis-related uses authorized by the Lynn and Erin Compassionate Use Act, NMSA 1978, Chapter 26, Article 2B.

The Cannabis Regulation Act has authorized a variety of uses related to the legalization of commercial cannabis activities, which legalization has the potential to greatly expand the legal cannabis market.

Cannabis cultivation, production, and manufacturing creates strong odors, can involve the use of significant amounts of energy and water, and requires security and other measures to reduce the risk of theft or other diversion to the illegal cannabis market, including possession and use by persons under the age of twenty-one.

Cannabis is an intoxicating drug, making it appropriate to regulate the hours during which cannabis products may be sold and the areas in which cannabis products may be consumed.

The smoking of cannabis products may create health risks due to exposure to secondhand smoke and vaporized cannabis concentrates.

Density limits are necessary to ensure that cannabis retailers and consumption areas are not unduly concentrated and do not crowd out other nonresidential uses.

The Board has determined that cannabis establishments and cannabis consumption areas should be allowed in those Zoning Districts where similar uses are allowed, such similarity determined by the Board in an exercise of legislative discretion based upon, among other factors, off-site impacts, compatibility, and the need for services.

Cannabis testing laboratories and cannabis research laboratories shall be treated the same as the following uses: Research and Development Services (scientific, medical, and technology).

Cannabis manufacturers shall be treated the same as the following uses: Food, Textiles, and Related Products.

A cannabis producer or cannabis producer microbusiness that cultivates cannabis plants indoors shall be treated the same as the following use: Commercial Greenhouse.

A cannabis producer or cannabis producer microbusiness that cultivates cannabis plants outdoors shall be:

A cannabis retailer shall be treated the same as the following use: Store or Shop.

Cannabis consumption areas are subject to the following:

Cannabis couriers fall within the following use: Courier and messenger service facilities.

Vertically integrated cannabis establishments and integrated cannabis microbusinesses may only be located in a Zoning District in which each of the authorized activities proposed for the licensed premises is an allowed use, whether as a permitted use or pursuant to an approved Conditional Use Permit. For example:

Cannabis products may only be served and consumed in cannabis consumption areas between the hours of 7:00 a.m. and 2:00 a.m. the following day.

Cannabis retailers may only sell cannabis products for off-site consumption between the hours of 7:00 a.m. and midnight.

All cannabis uses are subject to all other applicable sections of the SLDC and other County ordinances.

Any person engaged in commercial cannabis activities and activities under the medical cannabis program other than personal production and use must obtain a County business license.

All automotive paint and body work shall be conducted within an insulated building with appropriate air filters to minimize both noise and odors;

Stored vehicles shall be located behind a six-foot-high solid wall or fence;

Structures related to a paint and body business shall be set back a minimum of 75 feet from residential property boundaries.

Tap rooms and tasting rooms may conduct tastings of and sell (i) wine and beer or (ii) spirituous liquors for onsite consumption and in unbroken packages for consumption off premises, but not for resale.

Hours of operation shall be between the hours of 10:00 a.m. and 9:00 p.m. within a residential zone.

The operator of the tap room and tasting room must hold a valid Craft Distiller’s License, Winegrower’s License, or Small Brewer’s License issued by the State of New Mexico pursuant to NMSA 1978, §§ 60-6A-6.1, 60-6A-11, or 60-6A-26.1, respectively, as such may be amended or recompiled from time to time.

Sales at and operations of the tap room or tasting room shall otherwise be in accordance with applicable law, including but not limited to, NMSA 1978, §§ 60-6A-6.1, 60-6A-11, or 60-6A-26.1, as such may be amended or recompiled from time to time.

Buffering and screening is not required for ground mounted facilities. If fencing is proposed for security purposes, agricultural fencing with six (6) inch knots for wildlife is recommended.

External access roads for ground mounted facilities may reduce the road easement width for off-site and on-site driveways to no less than twenty (20) feet if adequate drainage control is provided and may allow the surface to be hardpacked dirt with compaction of 95% of the maximum density. If the access road adjoins a paved road, an asphalt or concrete apron of ten (10) feet in width will be required to protect the pavement.

On-site driveways for ground-mounted facilities may reduce standards as identified in Section 7.11.12.2 (additional standards for residential driveways), as access will be minimal for this type of development.

Disturbed area shall be reseeded with drought tolerant native plant species for pollinator friendly habitat. Weeds and plant materials shall be properly managed to reduce fire risks.

Utility lines shall comply with Section 7.12 of the SLDC. The connection between the community solar facility and the electric utility infrastructure shall be considered a local distribution facility.

A five (5) foot setback is required on all sides of a community solar facility that is twenty (20) feet in height or less. A community solar facility that is over twenty (20) feet in height shall meet the setback requirements of the zoning district in which the facility is located.

Community solar facilities located on a non-residential or multifamily rooftop shall be allowed to be eight (8) feet higher than the building on the rooftop of which the community solar facilities are located but in no event more than eight feet (8') above the height limit otherwise imposed on structures in that zoning district. Rooftop community solar facilities shall be set back five (5) feet from the sides of the building.

State approval shall be submitted prior to development permit issuance.

Community solar facilities shall be set back three hundred (300) feet from rivers, streams, wetlands and all riparian areas.

Decommissioning: