5.1.1 Jurisdiction. Whenever any subdivision of land shall be laid out within the incorporated limits of the Town or within the ETJ, the subdivider or his or her agent shall submit those documents and obtain those approvals required by Section 6.3. Such plans and plats, and any proposed improvements shall in all respects be in full compliance with the regulations of this Land Use Code. All lands offered to the Town for use as streets, alleys, parks and other public use, shall be referred to the Town of Silver City Planning and Zoning Commission for review and recommendation before being accepted by the Town Council or by any other governing authority. Plat approval does not constitute such acceptance. Persons desiring to subdivide land within the ETJ of the Town should be aware that Grant County exercises concurrent subdivision authority over subdivision in such areas under NMSA 1978, §§ 3-20-5 and 3-20-9.

5.1.2 Availability of Water Resources. Subdivision approval is contingent upon the Town having adequate water supply, infrastructure, and water rights to provide units in the subdivision water for normal operation and fire protection at current and future levels. The required level for the Town includes a buffer level. If adequate supplies are not available, obtaining adequate supplies may become a condition of subdivision approval.

5.1.3 Suitability of the Land for Subdividing. The Town Council shall not approve the subdivision of land if, following thorough investigation by all agencies concerned (e.g. Town Staff, schools, County Staff, State Agencies), it is determined that in the best interest of public health, safety or welfare, the land is not suitable for platting and development purposes of the kind proposed (e.g. topography, or location within the floodplain or an arroyo). If a proposed subdivision is not approved, the reasons shall be in writing and dated and the disapproval verified by the signature of the Mayor.

5.1.4 Development Standards. All subdivisions within the Town and the ETJ shall conform to the minimum development standards of this Land Use Code, including without limitation those standards related to the zone district within which the property is located.

5.1.5 Subdivision Design Standards and Layout.

A)

Blocks.

1)

The length or shape of blocks shall be determined with due regard to: provision of adequate building sites suitable to the special needs of the type of use contemplated; needs for convenient access, circulation, control and safety of street traffic; and limitations and opportunities of topography.

2)

Block lengths of local urban residential and commercial streets shall be no longer than 600 feet. Longer length will be considered if alternative pedestrian access means are presented or master plan standards addressed. For local rural streets, the maximum block length shall be 2,500 feet or the block length required for 30 dwelling units, whichever is less. Additional street design standards such as cul-de-sac lengths are established in Section 5.2.

B)

Lots.

1)

The minimum lot area, width and building setbacks shall conform to the requirements of the Land Use Code, including without limitation the requirements of the zoning district in which the property is located.

2)

Corner lots shall be sufficiently large to assure maintenance of setbacks on both streets.

3)

All lots shall abut on a dedicated public street in accordance with the frontage requirements of Table 3.4.2.

4)

Depth, width, area and shape of sites or lots for commercial or industrial purpose shall be adequate for off-street service, parking facilities, and landscaping required by the type of use and development contemplated and as specified in the Code.

5)

Lots abutting watercourses, drainageways, bluffs, channels or streams, shall have additional minimum width and depth as required by Section 5.6 to provide an adequate building site, drainageway, and easements, and afford the minimum useable area required in the zoning ordinance for front, rear, and side yards.

C)

Monuments. Monuments shall be provided for all plats according to the following specifications: All exterior boundary corners of the subdivision, and each corner of each block within the subdivision, shall be defined by permanent monuments. Such monuments shall consist of a metal rod, at least one-half inch in diameter, and at least 18 inches in length, with a permanent cap attached to the top; and the rod set in at least one cubic foot of concrete. The surveyor who sets the corner will have his or her registration number, or name, or both, along with the position of the corner stamped into the cap.

D)

Street Lighting. Street lights will be installed by the subdivider in all subdivisions within the municipal boundaries of the Town of Silver City according to the standards in Section 5.12 of this Land Use Code. A street light is required at every intersection and at a minimum of every 300 feet.

E)

Other Requirements. The subdivision plat shall comply with all other requirements of this Article and other provisions of this Land Use Code.

5.1.6 Land Dedication and Fees-in-Lieu.

A)

Parks, Playgrounds, and Other Public Areas. Land or money in lieu of land required by this section shall be conveyed to the Town upon approval of the final plat.

1)

Land dedication.

a)

For each single-family housing unit, or unit in a multiple-family housing development, 0.01 of an acre shall be set aside by the subdivider for public facilities, parks, community gardens, or recreation areas.

b)

The preliminary plat shall show the area which the subdivider proposes to construct as a park or recreation area, but the Town shall have the right to select another location if, in the sole discretion of the Town, the location proposed by the subdivider is unsuitable.

c)

Subdividers shall convey to the Town, by unrestricted deed, the area of land required for park or other public facilities as determined above, based on the number of single-family housing units, or units in a multiple-family housing development in the proposed subdivision.

d)

If the Planning and Zoning Commission determines that more land is needed in a particular subdivision, the subdivider shall sell to the Town, at the market value of the unimproved land, the additional area that is determined to be needed for the park or other public areas to serve the future residents of the land to be subdivided.

e)

Multi-family developments may, with Town approval, retain private ownership and maintenance of such parks, according to the requirements in Section 5.1.8.

2)

Fee in-lieu of land.

a)

In lieu of such conveyance of land, the Town may require a subdivider to pay to the Town a sum of money equal to the market value of the unimproved land which otherwise would be conveyed.

b)

The subdivider shall provide and submit to the Town an independent appraisal, completed within the previous 12 months, of the market value of the said unimproved land, to be used as a basis for determining the amount of money to be paid by the subdivider in lieu of deeded land, or by the Town for additional unimproved land. If the appraisal provided and submitted by the subdivider is deemed to be unacceptable by a majority of the Planning and Zoning Commission based on their knowledge of property values, the commission may order the subdivider to provide a second appraisal by a Town-appointed appraiser, which appraisal shall be binding upon the parties.

c)

Monies accepted by the Town in lieu of conveyance of land for public facilities, parks, community gardens, or recreation areas shall be used toward the creation of or enhancement of a park playground, or community garden in a nearby area.

B)

Streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way for such streets to meet the demand created by the future residents of the land to be subdivided if necessary to meet the minimum street width requirements set forth in Section 5.2, as follows:

1)

The entire additional right-of-way shall be provided where the subdivision is on both sides of the existing street,

2)

When the subdivision is located on only one side of the existing street, one-half of the required additional right-of-way shall be provided. In no case shall the resulting right-of-way width be less than 50 feet.

C)

Individualized Determination. Following the calculation of land dedications for parks, playgrounds, other public areas, and streets pursuant to subsection (A) and (B) above, the Community Development Director shall conduct an individualized determination to consider whether the amount required fairly reflects the amount of land needed to offset the impact of the proposed development on the Town's parks, playgrounds, other public areas, and streets, using an average impact (not marginal impact) methodology. The individualized determination may be influenced by the anticipated ages of the residents of the development, the number of bedrooms included in residential units, the inclusion of private community park space that could offset some portion of the impact on the Town's park system, or other factors unique to the development. In the absence of special factors that the Community Development Director concludes would lead the development to have a different impact on parks, playgrounds, other public areas, or streets than other developments of the same type and density, the contribution amounts listed above shall govern the required contributions of land. If the Community Development Director concludes that the proposed development would have a smaller or greater impact on the Town's parks, playgrounds, other public areas, or streets that is not adequately reflected in the contributions shown above, the Community Development Director is authorized to increase or reduce those amounts as necessary to accurately offset the impact of the proposed development on the Town's parks, playgrounds, other public areas, and streets.

5.1.7 Improvement Standards and Timing.

A)

The proposed plans, specifications and construction drawings covering the construction of improvements on land designated for public use and the installation of utility facilities shall be submitted to the Town Engineer for approval.

B)

No improvements, such as sidewalks, water supply, stormwater drainage, sewage facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall be made within any such subdivision by any owner or owners, or his or her agent, or by public service corporation at the request of such owner or owners, or his or her agent, until the final plat for the subdivision and all plans, specifications and drawings for subdivision improvements have been formally approved by the Town Engineer, the Planning and Zoning Commission, and the Town Council.

C)

The Town Engineer shall have the right to inspect the course of the construction of improvements on land designated for public use and of the installation of the utility facilities and, further, the Town Engineer shall have the right to require construction or installation halted if not in conformance with the approved plans, specifications and drawings and to require the remedy of defects before construction or installation is resumed.

D)

The Town Engineer shall have the authority to agree to changes which deviate from the design and construction standards or from the approved plans, specifications and drawings, or from both, if the changes will not adversely affect the quality of the improvements or of the utility facilities. This authority shall not include the power to agree to a change in location of any surface or above ground improvement or utility facility.

E)

The subdivider shall notify the Town Engineer before starting the construction of improvements on land designated for public use or of the installation of utility facilities. The subdivider shall be required to enter into a Work Order agreement with the Town Engineer, specifying, among other things, definition of the work to be completed and the completion deadlines.

F)

Amendments to Section 5.1.4, following the preliminary approval of the proposed plans, specifications, and construction drawings, shall not affect the approval.

5.1.8 Privately Developed Facilities. Where the subdivision is to contain streets, sewage facilities (not including septic tanks), water supply systems, park areas or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the Town and other applicable public agencies, for the continuous maintenance, supervision, operation and reconstruction of such facilities by the lot owners in the subdivision, and such facilities shall meet the requirements of the New Mexico Environment Department.

5.1.9 Development Agreements.

A)

In connection with any Major Subdivision or PUD approval, the Town Manager shall be authorized to enter into a Development Agreement with the applicant. Development Agreements may include provisions clarifying duties to construct specific improvements, the phasing of construction, the timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of property rights for periods of not more than 10 years, assurances that adequate public facilities (including roads, water, sewer, fire protection and emergency medical services) will be available as they are needed to serve the development, and mitigation of anticipated impacts of the development on the general public or the environment. In reviewing and acting upon proposed Development Agreements, review and decision-making bodies shall consider the Approval Criteria for the development application and the following additional criteria:

1)

Whether the benefit of the Development Agreement to the Town outweighs its costs;

2)

Whether the Development Agreement is required to mitigate impacts that would otherwise make the proposed development unacceptable; and

3)

Whether the Town has received adequate assurances that the development will go forward as planned in return for any vesting of property rights.

B)

Development agreements may contain but are not limited to the following:

1)

Descriptions of the acceptable and prohibited uses on the property;

2)

The density of proposed uses, including maximum floor area and height of buildings;

3)

Provisions for the reservation or dedication of land for public purposes;

4)

Proposed schedule for the construction of public improvements and requirements that public improvements will be available prior to the issuance of building permits and water and sewer taps;

5)

Proposed timing and phasing of the development project;

6)

Provisions to mitigate the impacts of proposed development on the general public, including the protection of environmentally sensitive lands;

7)

Provisions for public benefits or improvements in excess of what is required by current Town policy or law;

8)

Terms relating to applicant financing of facilities and subsequent reimbursement;

9)

Terms for subsequent discretionary actions, provided such terms shall not prevent the development of the property for the uses set forth in the agreement;

10)

A provision that construction shall begin by a specified date or that certain phases shall be completed within a specified time; and

11)

Termination date for the Development Agreement.

C)

The subdivider shall be required to enter into a Work Order agreement with the Town Engineer, specifying, among other things, definition of the work to be completed and the completion deadlines.

5.1.10 Completion Guarantee and Fees. The subdivider shall agree to construct the improvement as required by these regulations, in accordance with the approved construction drawings and standards and within a time specified by the Town or expressed in the Development Agreement. The agreement shall be recorded with the Grant County Clerk. The agreement shall be insured by:

A)

The completion of improvements, except those described in Section 5.1.6(A), and the installation of the utility facilities are required by these regulations before a building permit, or water and sewer tap is issued.

B)

A corporate surety bond or performance bond, satisfactory in form, securing 120 percent of the estimated cost of the actual construction and installation of improvements and utility facilities, within the period of time specified by the Town; or

C)

A deposit, 120 percent of the estimated cost, under an escrow agreement approved by the Town of a sum of money sufficient to pay the full cost of the construction of the improvements and of the installation of the utility facilities. The Town Engineer shall certify to the Town that the amount to be deposited is adequate. The escrow agreement may provide for the release of not more than 90 percent of the funds escrowed as progress payments upon the certification of the Town Engineer that the work to date has been in accordance with the approved plans and specifications therefore; or the escrow agreement may provide that no funds may be released until all the improvements have been constructed and accepted and until all the utility facilities have been installed and accepted.

D)

As an alternative, and at the discretion of the Town, the subdivider may be provided a method whereby the Town identifies collateral equal to 120 percent of the estimated cost to construct the improvements or install the utility facilities, or any combination thereof.

E)

The subdivider is responsible for all fees associated with the Town's review and acceptance of the Completion Guarantee.

The street standards of this section shall apply to all new streets built within a public right-of-way. Streets in all new major subdivisions, commercial developments and industrial developments shall meet the requirements below. Lots adjacent to streets that have been platted but not constructed may not be developed until new streets are built to these requirements.

5.2.1 The purpose of this section is to ensure that the arrangement, design, character, extent, width, grade, and location of all streets: (1) shall conform to the Town's Comprehensive Plan; and (2) shall be considered in their relationship to existing and planned streets, topographic conditions, public convenience, safety, and in their appropriate relation to the proposed uses of the land immediately served by such streets and those areas outside of the subdivision which may need to be served by such streets in the future; and (3) provide safe, convenient, and comfortable routes for walking, bicycling, and public transportation that encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems, and meet the needs of all users of the streets, including children, older adults, and people with disabilities. To the maximum extent possible, local streets shall be laid out so as to discourage vehicular traffic through residential neighborhoods, while still providing adequate emergency service.

5.2.2 To provide information on the capacity of streets serving new development, the Community Development Department may require the applicant to conduct a traffic impact study or other infrastructure capacity analysis that assesses the impacts of the proposed use on existing roads, intersections, and vehicular, pedestrian, and bicycle circulation patterns, and that sets forth mitigation measures to eliminate or substantially reduce such impacts.

*As required (see text). Blank space = Not Required. Article II contains definitions and examples of local, collector, and arterial streets.

5.2.3 Selection of the appropriate street type and street dimensions from Table 5.2 shall be determined in accordance with standards that follow in this subsection, subject to approval of the Public Works Director. Choices given in Table 5.2 are examples and not exhaustive.

A)

Applicable Street Types by Zoning District.

1)

Rural streets (local, collector, and arterial) are only allowed in the Rural (Ru) zone district and Large Lot Overlay zones.

2)

Urban (local, collector, and arterial) street types are required in all other zone districts, except where a commercial street type is required, as stated in subsection (3).

3)

The local commercial street type is required in the commercial zone districts C-HD, C-Lt, C-Hwy.

B)

Right-of-Way (ROW) and Easements.

1)

Street ROW must be sufficient to accommodate functions in addition to the movement of automobiles, including shoulders, graded slopes, drainage, sidewalks, verge, and/or bicycle lanes.

2)

Additional easements or rights-of-way must be provided for pedestrian walkways and bicycle paths that are not adjacent to roadways.

3)

ROW width for one-way roads may be reduced to 40 feet upon approval of a dimensional adjustment (see Section 6.3.18(B)(5)).

C)

Travel Lanes, Turn Lanes, Medians.

1)

The number of travel lanes shall be determined based on the street type and function. A traffic study may be required.

2)

One-way streets may be allowed, subject to a traffic impact study, for local residential and commercial streets.

3)

Turn lanes, medians and wider travel lanes may be required by the Public Works Director or as indicated by a traffic impact study.

D)

Curb/Gutter and Shoulders.

1)

A 6" barrier curb with an 18" gutter is required on all urban street types. Roll curbs or alternatives to curbs may be allowed on rural streets or on urban streets with approval of the Public Works Director, if adequate drainage measures are provided and adequate separation between street and sidewalk is provided for pedestrian safety.

2)

Rural streets may be constructed without curb and gutter subject to the approval of the Public Works Director. Streets without curb and gutter shall have shoulders with stabilized surfacing. For collector streets where Average Daily Traffic (ADT) exceeds 2,000, a shoulder width of eight feet is required.

E)

Parking Lanes.

1)

Parking lanes shall generally be required on both sides of local urban residential, local commercial, and urban collector streets in order to provide adequate and convenient on-street parking, and to help reduce speeds.

2)

On urban collector streets, minimum parking lane width is seven feet unless wider lanes are indicated by a traffic impact study.

3)

On rural residential or collector streets, off-street parking spaces may be provided adjacent to roll curbs within the right-of-way, with a minimum width of eight feet between the curb and sidewalk (if present).

F)

Bicycle Lanes and Paths.

1)

Bicycle lanes or paths are not required on local streets. On collector and arterial streets, bicycle lanes are as required by the Bicycle Route Master Plan or Public Works Director.

2)

Where bicycle lanes are required, they shall generally be located on both sides of the street. Minimum bicycle lane width within a roadway is four feet, and does not include gutter.

3)

On rural collector streets and urban or rural arterial streets, one off-street bicycle path of ten feet width may be provided to satisfy the bicycle lane requirement. Off-street bicycle paths are preferable along primary arterials.

G)

Sidewalks.

1)

Sidewalks shall generally be placed on both sides of a street. Minimum sidewalk width is five feet exclusive of the abutting curb width.

2)

Sidewalks are not required on rural local residential streets. For rural street types, sidewalks or all-weather paths may be installed alongside roads to the outside of drainage swales, or independent of roads to improve connectivity.

3)

On local commercial streets, minimum sidewalk width is six feet, except on blocks where the average parcel frontage is 50 feet or less, in which case the minimum sidewalk width is eight feet.

4)

On collector and arterial streets, sidewalks are required for urban street types, including a four-foot verge (landscaping buffer) between the sidewalk and curb. The minimum sidewalk width on urban arterial streets is six feet. For rural collector or arterial streets, sidewalks may be required as specified by the Sidewalk Master Plan, and may be located independent of street location.

5)

Sidewalk widths for specific streets are as follows:

a.

Eight feet on Bullard Street between San Vicente Street and Sixth Street;

b.

Six feet on Bullard Street between Sixth Street and Ninth Street;

c.

Eight feet, nine inches on Broadway Street between Bullard Street and Pinos Altos Street;

d.

Six feet on Broadway Street between Pinos Altos Street and Cooper Street.

e.

Sidewalks not less than six feet wide may be required by Town staff or the Planning and Zoning Commission to provide circulation in high pedestrian traffic areas, such as schools, playgrounds, churches, shopping centers, transportation, and other community facilities.

6)

Sidewalks may be located on only one side of a street where there is insufficient right-of-way or topographic constraints, subject to approval by the Planning and Zoning Commission. When allowed only on one side, sidewalks should be located on the north and east sides of the street to facilitate snowmelt.

7)

Additional sidewalk design standards are listed in Section 5.4.

H)

Cul-de-sac Lengths, Block Lengths, and Connectivity.

1)

Culs-de-sac, designed to be so permanently, shall be provided at the closed end of a street with a turnaround having a right-of-way radius of at least 50 feet, and shall be no more than 400 feet long on urban streets. Cul-de-sac lengths for rural streets shall be no longer than 2,500 feet or the length needed to access 30 dwelling units, whichever is less.

2)

Block lengths within subdivisions are given in Section 5.1.5(A).

3)

Where necessary to give access to, or permit satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision, or partition, and the resulting dead-end streets ("street stubs") may be approved without a turnaround.

4)

The Town may require additional street connections to reduce congestion at access points and to ensure adequate emergency access.

I)

Street Grades.

1)

Minimum street grade is 0.3 percent as an average over 300 feet.

2)

Maximum street grades are set forth in Table 5.2. On local residential streets, grade may be increased to 14 percent over a distance less than 300 feet. On collector streets, grade may be increased to 12 percent over a distance less than 500 feet.

J)

Minimum Street Widths. All streets shall have allowance for a 16-foot emergency lane.

5.2.4 Streets and alleys laid out in any development within the Town shall be continuous with and correspond in direction and width to the streets and alleys of the Town's Comprehensive Plan. Where such streets and alleys are not shown in the Comprehensive Plan, the arrangement of streets and alleys shall either:

A)

Provide for the continuation or appropriate projection of existing principal streets in surrounding areas, or

B)

Conform to a plan for the neighborhood approved or adopted by the Town's Planning and Zoning Commission to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impractical.

5.2.5 Where a development abuts or contains an existing or proposed arterial street, the Town may require marginal access streets, reverse frontage with screen planting or walls contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such special treatment as may be necessary for adequate protection of residential properties to afford separation of through and local traffic. The Public Works Director may require consistency with existing streets or consistency with the minimum width requirements, whichever is greater.

5.2.6 Where a subdivision borders on or contains a railroad right-of-way, highway, or a natural physical barrier such as an arroyo, the Town may require a street approximately parallel to and on each side of the right-of way, at a distance suitable for the appropriate use of the intervening land, as for park or recreational purposes in residential zones or districts, or for commercial or industrial purposes in appropriate zones or districts. These distances also shall be determined with due regard for the requirements of approach grades and future grade separations.

5.2.7 Every subdivision and subdivided lot shall be served from a publicly dedicated street. There shall be no private streets platted in any subdivision where lots will be held under separate ownership, unless expressly provided for in this Land Use Code.

5.2.8 Street jogs with center line offsets of less than 125 feet shall not be allowed.

5.2.9 A tangent of at least 50 feet long shall be introduced between reverse curves on arterial and collector streets.

5.2.10 When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 200 feet for local and collector streets and for special cases of a greater radius as determined by the Public Works Director.

5.2.11 Streets shall be laid out to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than 75 degrees. An arterial street intersecting with another street shall have at least 100 feet of tangent adjacent to the intersection. Other streets shall have at least 50 feet of tangent adjacent to the intersection.

5.2.12 Property lines at street intersections shall be rounded with a minimum radius of 25 feet. The Planning and Zoning Commission may permit comparable cutoffs or chords in place of rounded corners.

5.2.13 Half streets shall be prohibited. Whenever a half-width street exists adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract to be subdivided.

5.2.14 No street names shall be used which will duplicate or be confused with the names of existing streets. Use of suffixes such as "street," "avenue," "place," "court," or similar description shall not be a distinction sufficient to meet this requirement.

5.2.15 If the tract of land proposed to be subdivided or any part thereof lies adjacent to a highway over which the New Mexico State Highway and Transportation Department has jurisdiction with respect to maintenance and upkeep thereof, and an entrance or entrances are desired from such highway to lots, streets, roadways or alleys in such proposed subdivision, the subdivider shall submit to the Town a written document from the New Mexico State Highway and Transportation Department giving him or her tentative permission to obtain and construct such entrance or entrances.

5.2.16 All public streets within the corporate limits of the Town shall be improved in accordance with the following guidelines:

A)

Streets shall be surfaced with a minimum of two inches of asphaltic pavement on a crushed aggregate base of not less than seven inches in thickness and of plasticity index no greater than 12. Base thickness may be reduced with a stabilized base of equivalent strength. Subgrade and crushed aggregate base shall be compacted to withstand a loaded ten yard truck with no appreciable deflection.

B)

Curbs and gutters on collector and local streets where required shall not be less than 24 inches in overall width and not less than seven inches thick where gutter abuts the street pavement. A combined curb and gutter. built with a slope of one vertical inch to one horizontal foot shall be used on streets designed to carry the major portion of the runoff of a subdivision or a tapered curb and gutter with crowned or inverted streets 24 inches in width, seven inches thick at pavement, 12 inches thick at curb. Concrete shall develop a minimum comprehensive strength of 3,000 pounds per square inch (psi) in 28 days as determined by test cylinders made and tested in accordance with American Association of State Highway and Transportation Officials (AASHTO). Minimum cement content shall be 5.5 sacks per cubic yard. Slump shall not be more than four inches and air entrainment shall be five percent, plus or minus one. Failure of two out of three cylinders for any pour shall require the removal of the concrete.

C)

Streets without curb and gutter shall have adequate drainage facilities to carry runoff from road surfaces and adjacent slopes, in accordance with requirements of the Town's Drainage Policy Guide. Shoulders shall be surfaced with a minimum of four inches of stabilized base course or other approved material.

5.2.17 For subdivisions outside of the corporate limits of Silver City but within the ETJ defined and authorized by New Mexico Statute, NMSA 1978, § 3-20-5, all public streets shall be constructed to the standards specified in preceding paragraphs (5.2.1 through 5.2.16) and this Land Use Code.

5.2.18 Speed Humps. Any "speed humps" constructed upon the streets or roadways located within the Town or within the Town's extraterritorial planning and platting jurisdiction and subject to the developmental standards of this Land Use Code shall be placed, constructed, and maintained according to the standards and specifications of the Town of Silver City Municipal Code.

The alley standards of this section shall apply to all developments submitted for approval under this Land Use Code and to the design of new streets and major reconstructed streets in the Town.

5.3.1 Alleys may be required by the Public Works Director to the rear or side of all lots to be used for commercial or industrial uses or in apartment or multi-family subdivisions.

5.3.2 Alleys may be provided for vehicular service access to the rear or side of residential properties, for placement of utilities, or for connectivity of bicycle and pedestrian paths.

5.3.3 Alley intersections and sharp changes in alignment shall be avoided, but where necessary, the right-of-way width of an alley intersection shall be rounded by an arc the minimum radius of which shall be ten feet.

5.3.4 Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end. Turnarounds shall have a right-of-way radius of at least 50 feet.

5.3.5 Minimum alley right-of-way width shall be 20 feet. Alleys shall have all-weather surfacing over a minimum width of 12 feet.

5.3.6 If a drainage channel is constructed in an alley, it shall be designed in accordance with the Town's Drainage Policy Guide, including provisions for erosion control.

The sidewalk standards of this section shall apply to all new streets where sidewalks are required, as shown in Table 5.2. These standards shall also apply to all commercial developments and multi-family developments with eight or more dwelling units on existing urban streets with curbs and no sidewalks.

5.4.1 Sidewalks shall be constructed along both sides of every new street as indicated in Section 5.2, unless otherwise allowed. In existing neighborhoods with sidewalks, repair, replacement or new segments of less than 150 feet should match existing alignment and width of adjacent or pre-existing sidewalks, provided that the width of any new sidewalk segment is no less than 32 inches. Wherever possible in repair and replacement of existing sidewalks, sidewalk design should comply with ADA, including sidewalk ramps, widths, and barrier removal. Segments over 150 feet in length must meet requirements for new construction.

5.4.2 Sidewalks may be placed adjacent to the curb, except where a verge (landscaping buffer) is indicated in Table 5.2.

5.4.3 Sidewalks shall be constructed of Portland cement concrete at least four inches in thickness and shall slope one-eighth to one-fourth of an inch per foot from the edge of the walk nearest the property line to the edge nearest the street. Concrete for sidewalks shall be in accordance with Section 5.2.16(B). Alternative all-weather surfacing may be used for off-street walking paths with approval of the Public Works Director.

5.4.4 Sidewalks may be required in subdivisions within the ETJ where this Land Use Code would require a sidewalk if the development were located within the Town and the Planning and Zoning Commission deems them necessary because of the intensity of development or condition of streets.

New construction shall comply with the following standards, unless compliance with a particular standard would prevent the construction of any permanent structure for a primary use on the land, or require the construction to violate another requirement of this Land Use Code. Where more than one buildable site exists on a parcel and all buildable sites would violate at least one of the following standards, the construction shall be located so as to comply with as many standards as possible. These standards do not create liability on the part, or a cause of action against, the Town, or its officials.

5.5.1 Hazard Areas. Land subject to hazardous conditions such as wildfire, land slides, gamma radiation, mud flows, rock falls, possible mine subsidence, shallow water table, open quarries, floods, and polluted or non-potable water supply shall be identified in all applications, and development shall not be permitted in these areas unless the application provides for the avoidance of the particular hazards. If avoidance is impossible or would require the construction to violate other development standards, then such hazards shall be minimized or mitigated. Land subject to severe wind and water erosion shall be identified on all plans and shall not be subdivided unless the problems are mitigated by density limitation or some other practical method.

5.5.2 Slope Conditions.

A)

Steep Slopes and Building Limitations. New structures shall not be built on any portion of any parcel of land that contains an elevation change of more than 20 feet and an average slope of 30 percent or more, as measured from the points with highest and lowest elevation within 25 feet of any portion of the proposed structure, unless the applicant demonstrates by submitting a report sealed by a licensed New Mexico engineer or architect that the slope's ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard.

B)

Limitations on Site Disturbance. Any site disturbances that remove existing vegetation from a property and leave large areas of soil exposed for more than 60 days shall not be permitted unless an erosion control and re-vegetation plan has been previously approved by the Community Development Department. Cuts, fills, grading, excavation, vegetation removal, and building construction shall be confined to the footprint of the proposed building, plus a working area of 30 feet around each such footprint, plus any site disturbance necessary for installation and maintenance of utilities, access ways, trails, irrigation ditches, and fences, and for landscaping, agriculture, and similar activities.

C)

Restoration of Disturbed Areas. Disturbed areas shall be restored as natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can be re-vegetated and shall be re-vegetated within one growing season after construction, using native species similar to those growing on the site when such re-vegetation does not contribute to hazards. Topsoil shall be stock piled and placed on disturbed areas.

D)

Limitations on Cut and Fill Slopes. Cut and fill slopes shall not exceed 2.5 feet horizontal to one foot vertical (2.5H:1V) unless sealed by a New Mexico registered engineer familiar with geotechnical engineering.

5.5.3 Warning and Disclaimer of Liability. The degree of hazard protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. This section does not imply that land outside hazard areas or uses permitted within such areas will be free from hazards or hazard damages. This section shall not create liability on the part of the Town or on any officer or employee thereof for any hazard damages that result from reliance on this section or any administrative decision lawfully made thereunder.

5.6.1 Purpose and Intent. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flooding, sediment deposition, or erosion, by provisions designed:

A)

To establish policies, procedures, criteria, and requirements to complement and to support Section 4.1, Floodplain Overlay District Regulations, for the assistance and guidance of officials, staff and all persons and entities within the jurisdiction of the Town.

B)

As to flood control, to prevent the loss or injury to human life, to minimize flood damages to public and private property, and to provide for timely and effective construction and maintenance of flood control facilities.

C)

As to storm drainage, to prevent the creation of public safety hazards and seek to eliminate existing problems, to prevent to the extent feasible, the discharge of storm runoff from public facilities onto private property, prevent the increased risk of flood damage to private property caused by storm runoff from other private property, and to provide for timely and effective construction of storm drainage facilities.

D)

As to erosion and sediment control, to protect the hydraulic capacity and stability of flood control and storm drainage facilities from losses due to sedimentation and degradation; to preserve public health, safety and convenience from jeopardy due to erosion and sedimentation in private and public facilities of all types; and to preserve the quality of the surface runoff.

5.6.2 General Administration.

A)

The design, construction, and maintenance of all drainage control, flood control and erosion control facilities within the Town shall be performed in accordance with the procedures, criteria, and standards formulated by the Town Engineer and in accordance with the policies established in this section. These procedures, criteria, and standards include, but are not limited to, the Drainage Policy Guide formulated by the Town Engineer.

B)

All construction activities within the jurisdiction of the Town, including grading, cut, fill, paving, building construction, and landscaping, shall conform to the requirements of the Town Engineer with respect to drainage control, flood control and erosion control.

C)

A Drainage and Grading Permit from the Town Engineer may be required prior to any grading or construction, as specified in Section 6.3.8.

D)

Fill material and bedding for storm drain facilities shall meet Town Engineer specifications. No rubbish, frozen soil, organic material such as vegetation, or any other material not subject to proper compaction or otherwise not conducive to its stability shall be permitted in fill material.

E)

It shall be the responsibility of the Town Engineer to produce, approve, make and retain records of all drainage plans, drainage reports, design analyses, design drawings, as-built drawings, and maintenance schedules related to all drainage control, flood control and erosion control facilities constructed within Town rights-of-way or easements.

F)

The Town may participate with the private sector, other public bodies and agencies operating within the jurisdiction of this policy in order to accomplish the goals and implement the policies adopted in this section. This includes, but shall not be limited to, the development and adoption of master plans, participation in the construction of projects and exercising control through the planning, platting, zoning, and permitting processes. Projects involving Town funds shall be prioritized, funded and scheduled according to the Town's Capital Improvement Plan (CIP).

5.6.3 General Provisions.

A)

The Town is and shall remain an active participant in the National Flood Insurance Program. The Town endorses the program goal of flood damage reduction through the regulation of development within flood hazard areas and the preservation of floodways. This section is intended to complement and supplement the Floodplain Overlay District regulations and shall be administered in concert with them.

B)

All land within the Town shall be developed with provisions for adequate drainage, flood control and erosion control facilities. The protection of life and property shall be considered the primary function in the planning, design, construction and maintenance of drainage control, flood control and erosion control facilities. Other concerns shall also be addressed, including: channel capacity, watershed characteristics, channel stability, maintenance, transitions between treatment types, multiple use goals, and appearance. The needs of the community in transportation, utility services, recreation, and open space shall be considered in planning, design, construction, and maintenance (especially in the selection of channel treatment measures—i.e., physical alterations of the channel for any purpose). These needs should be considered subsidiary to the primary function of the drainage control, flood control and/or erosion control facility.

C)

Wherever flood control, drainage or erosion control improvements are necessary within dedicated public open space, such improvements shall be designed and constructed in a manner reasonably consistent with the natural surroundings. All construction and maintenance activities in dedicated open space shall be performed so as to minimize the disruption and destruction of vegetation and adjacent land forms. Where such disturbance or destruction is unavoidable, revegetation shall be performed at the earliest practical time by those responsible for such disturbance and/or destruction.

D)

All major facilities shall be constructed within dedicated rights-of-way or recorded drainage easements dedicated to and accepted by the proper public authority.

E)

If minor facilities are constructed on private property, easements or setbacks shall be provided to preserve these facilities until such time as they are no longer needed (e.g. if replaced by a major storm drain system). Minor facilities may be dedicated to the Town if the Town Engineer determines it is in the Town's best interest. A note shall be included on the final plat stating that the owner(s) shall be solely responsible for the operation, maintenance, and liability of drainage facilities unless dedication is provided.

F)

Temporary facilities are only allowed and/or required on a case-by-case basis as determined by the Town Engineer. Design of temporary facilities shall be based upon considerations of: the likelihood and consequences of a failure; the length of time until permanent facilities will be in place; and the acceptance of maintenance responsibilities and legal liabilities.

G)

The design, construction and maintenance of drainage facilities, and the discharges of storm waters to public drainage facilities and waterways shall meet or exceed applicable state and federal standards. Permits may be required for dam safety, water rights, disturbance of wetlands or natural channels, and stormwater runoff quality. The developer is responsible for compliance with state and federal standards. If a permit or other authorization is required, a copy shall be furnished to the Town Engineer.

H)

Subdivisions shall be designed to minimize sheet flow from one lot to another.

I)

The Town Engineer is responsible for establishing criteria, procedures and standards for design and construction of flood control, drainage control and erosion control improvements within the Town. The Town Engineer shall provide for variance from normal criteria and standards; when a variance is required or requested, the Town Engineer shall document the justification for his or her decision and retain as public records such actions and justifications; appeals of the Town Engineer's variance decisions are as provided in Section 6.3.4.

5.6.4 Surface Use of Streets for Drainage and Flood Control Purposes.

A)

The surface of streets may be used for drainage and flood control purposes, to the extent such use does not interfere with the safe transportation of people and vehicles. The primary use of streets shall be for conveyance of motorized and non-motorized travel.

B)

Limitations on the use of streets for drainage are set forth in the Town's Drainage Policy Guide. More stringent criteria may be required for streets within the State Highway System.

C)

The discharge of nuisance waters to public streets shall be discouraged. Streets shall be protected from flood damages to the pavement and from the safety hazards created by surface flow of nuisance waters across them.

5.6.5 Crossings.

A)

Drainage structures shall be provided on all streets wherever they are crossed by channels. Such structures shall meet design criteria established by the Town Engineer.

B)

Backwater effects from drainage structures defined as major facilities shall be contained within a dedicated right-of-way or recorded drainage easement.

C)

Channel crossing structures on arterial streets shall be designed to pass the 100-year design storm runoff beneath the road surface.

D)

Channel crossing structures which access new developments, including temporary crossings, shall be constructed at developer expense.

E)

Where feasible, temporary crossings shall be designed so they may be incorporated into the future permanent crossing structure.

F)

Streets in the New Mexico State Highway System shall meet the State's drainage requirements, if more stringent than the Town's.

5.6.6 Channels.

A)

The Town seeks to preserve pre-development drainage patterns to the extent possible. The use of natural channels for drainage is encouraged. Concentrated drainage flows shall enter and depart from a developed area in the same manner and location as under pre-development conditions.

B)

No person shall alter any natural drainage course or existing drainage facility in such a way as to damage or endanger by flooding, erosion, or any other means, any public right-of-way, public easement, public property, or public improvements.

C)

Natural and artificial channels shall meet criteria established by the Town Engineer for capacity, erosion control and safety.

D)

A setback, private easement, recorded drainage easement or public right-of-way shall be provided for all channels draining areas larger than two acres, as specified in the Drainage Policy Guide. In the case where a development is within or adjacent to a FEMA-designated flood hazard area, the development shall be regulated under the provisions of Section 4.1.

E)

Channels alongside state highways shall meet safety and other standards of the New Mexico State Highway and Transportation Department.

5.6.7 Financial Responsibility.

A)

The Town may participate in the construction of permanent flood control and drainage facilities to the extent that public benefits are derived from such construction and consistent with Town capital improvement priorities.

B)

All drainage and flood control facilities which directly result from proposed land use change are the responsibility of the developer. Developer financed facilities include all those within the boundaries of the development, those required for development adjacent to a major arroyo or within a flood hazard area and all temporary and permanent off-site drainage facilities. If the construction of such facilities is a condition of plat approval or building permit issuance, the financial guarantees of such construction satisfactory to the Town Engineer shall also be provided as a prerequisite.

C)

The acceptance of dedicated land for public purposes does not relieve a developer of responsibilities for the construction of drainage control, flood control and erosion control facilities that would otherwise be necessary. The dedication of rights-of-way or easements for drainage control, flood control, or erosion control facilities does not relieve a developer of responsibilities that would otherwise exist for the construction of other public infrastructure.

5.6.8 Multiple Use Rights-of-way and Easements. Multiple use is encouraged for drainage rights-of-way and drainage easements including, but not limited to, utility corridors and recreation trails. Where multiple use is planned by the Town, another public agency, or a public utility, the Town may require that dedication statements include language which permits said multiple uses in addition to the primary drainage function. However, land required to be dedicated for drainage rights-of-way shall be limited to those land areas necessary for drainage control, flood control, erosion control and necessary appurtenances.

5.6.9 Maintenance Responsibility.

A)

Except as otherwise noted, all permanent major facilities shall be maintained by the Town or other public body. The Town Engineer may allow private maintenance within public rights-of-way or easements provided that adequate guarantees and indemnifications are supplied.

B)

The maintenance of multiple use facilities to which the general public is denied access shall be the responsibility of the owners and shall be performed to Town Engineer standards.

C)

Facilities on private land shall be maintained by their owners to Town Engineer standards.

D)

The maintenance of temporary facilities constructed at private expense (except crossing structures on public roads) is the responsibility of the developer until permanent facilities are in place.

E)

The developer shall be responsible for maintaining or replacing temporary crossing structures for a period of three years or until a permanent structure is built, whichever comes first.

5.7.1 All proposed developments shall have an adequate supply of water to satisfy both drinking water requirements and fire flow requirements as determined by the Town Engineer. All subdivisions shall have water lines stubbed to the perimeter of each lot.

5.7.2 All major subdivisions approved under this Land Use Code (see Article II, definition of major subdivision) shall be connected to the Town's sanitary sewage disposal system. No application for the Town's sewer service shall be approved if there is not adequate treatment capacity in the Town's sanitary sewage disposal system to accommodate the proposed use, as determined by the Town Engineer. All major subdivisions shall have sanitary sewer lines stubbed to the perimeter of each lot.

5.7.3 All proposed developments shall provide for adequate telephone and electric service for the proposed use. Telephone cable and electric service lines shall be placed underground and said cables or conduits shall be placed within easements or dedicated public ways, in a manner which will not conflict with other underground services. All transformer boxes shall be located so as not to be unsightly or hazardous to the public. This restriction does not cover feeder or trunk lines.

5.7.4 Other regulations regarding Town water and sewer are established in Chapter 52 of the Code of Ordinances.

5.8.1 The utility and drainage easement standards of this section shall apply to all subdivisions submitted for approval under this Code of Ordinances.

5.8.2 Drainage easements shall be provided where necessary as per Section 5.6.

5.8.3 Utility easements shall be provided where necessary to accommodate existing and/or future utilities, including conduits, electric lines, phone and cable lines, storm and sanitary sewer, gas, and other mains. Easements for future utilities should be located along lot lines and, where needed, shall be not less than five feet wide along interior lot lines and ten feet wide along exterior lot lines. Approval of utility easements by utility providers shall be documented on the subdivision plat.

5.8.4 Exceptions.

A)

No utility easements are required on lot lines adjacent to alleys or on lot lines where attached buildings are joined.

B)

No new utility easements shall be required for re-subdivisions unless an existing easement is to be moved to a new location and so long as all lots involved in the re-subdivision have access to public utility services.

5.9.1 General.

A)

Applicability. The off-street parking standards of this section apply (1) to all new buildings and uses, and (2) to the expansion or an enlargement of an existing use. In the latter case, additional off-street parking spaces will be required only to serve the enlarged or expanded area, not the entire building or use, provided that in all cases the number of off-street parking spaces provided for the entire use (pre-existing plus expansion) shall equal at least 75 percent of the minimum number of spaces established in Section 5.9.2. Shared parking is encouraged.

5.9.2 Minimum Required Off-Street Parking. Table 5.9.2 establishes the minimum number of off-street parking spaces to be provided for the various land use categories. These minimums may be reduced through calculations of bicycle parking reductions, motorcycle parking reductions, or shared use reductions established below, and the dimensional adjustment procedure in Section 6.3.18.

A)

Parking Requirements Special Cases.

1)

Loading spaces. All uses requiring loading space for normal operations, including restaurants, bars/nightclubs/clubs/lodges, convenience stores, retail sales, manufacturing and production and other industrial services, shall provide an adequate number of loading space areas so that no vehicles being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, sidewalk, alley, bicycle path or way. A minimum of one loading space of dimensions 15 feet by 25 feet shall be provided, with a maximum of two spaces allowed, except for High Volume Retail, Manufacturing and Production, and Industrial Services, which may provide more than two loading spaces.

2)

Silver City Historic District. Buildings in the Silver City Historic District, as designated in Section 4.2, shall not be required to comply with minimum required off-street parking.

3)

Americans with Disabilities Act. Parking spaces accessible for physically disabled persons shall be provided in compliance with the Americans with Disabilities Act (ADA) Standards for Accessible Design.

4)

Bicycle Parking.

a)

Bicycle parking spaces shall be located in a convenient and visible area no farther from the principal entrance to the building served than the closest non-ADA compliant automobile parking space. Bicycle supports (racks and posts) shall be securely anchored in concrete. Spaces shall be delineated by striping, curbing, or by other method and protected from damage by motor vehicles by use of bollards, curbs, concrete planters, landscape buffers, or other suitable barrier devices. Bicycle spaces shall not obstruct sidewalks, leaving a clear three-foot passage for pedestrians.

b)

In any zoning district, where five or more off-street parking spaces are required, a minimum of two bicycle spaces may be provided in lieu of one required automobile parking space as calculated from Table 5.9.2 and limited in accordance with a rate of bike space substitution calculated as follows:

i)

No more than one vehicle parking space may be waived from the first five required spaces,

ii)

No more than one vehicle parking space may be waived from the second five required spaces, and

iii)

No more than one vehicle parking space may be waived per each 20 required spaces in addition to the first ten required spaces.

5)

Off-street parking for motorcycles or motor scooters. Off-street parking may be provided as a substitution for some automobile parking. In any zoning district where ten or more off-street parking spaces for automobiles are required as calculated from Table 5.9.2, a minimum of one parking space for motorcycles may be provided in lieu of one required space for automobiles.

a)

No more than one vehicle parking space may be waived from the first ten required spaces for automobiles, and

b)

No more than one parking space may be substituted from each additional 20 required spaces for automobiles.

5.9.3 Rules for Computing Parking Requirements. The following rules apply when computing off-street parking requirements.

A)

Multiple Joint Use Parking. Lots containing more than one use must provide parking in an amount equal to the total of the requirements for all uses.

B)

Shared Use Parking. The number of spaces for shared uses may be reduced according to the provisions below:

1)

The Community Development Director may authorize the shared use of parking facilities for uses or activities when the criteria listed below are met. In no case shall the parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the neighborhood. A study shall be conducted establishing the needed number of parking spaces based upon:

a)

A calculation of the number of originally required parking spaces in the project by use types.

b)

The percentage of maximum parking required by uses that substantially coincide and overlap with each other according to the normal hours of operation of such uses or activities, typically divided into weekday daytime and evening, and weekend daytime and evening.

c)

Application of the percentages to the originally required parking spaces, and add up the totals for time divisions of, typically, weekday daytime and evening and weekend daytime and evening.

2)

Shared use parking on or off-site shall be subject to the following limitations and conditions:

a)

No more than 50 percent of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

b)

Shared parking facilities must be located within 600 feet of the uses served.

c)

The applicant shall submit sufficient data to indicate that there is not substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

d)

The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the Town Attorney as to form and content guaranteeing that said required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this article. Such instrument, when approved as conforming to the provisions of this section, shall be recorded by the property owner in the office of the County Recorder and a copy thereof filed with the Community Development Department.

C)

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.

D)

Area Measurements. Unless otherwise specifically noted, all square footage-based parking standards shall be computed on the basis of gross floor area.

E)

Employment and Occupancy-Based Standards. For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

F)

Unlisted Uses. Upon receiving a development application for a use not specifically listed in Table 5.9.2, the Community Development Director shall apply the off-street parking standard specified for the listed use that is most similar to the proposed use. If the Community Development Director determines that the proposed use is unlike any other in Table 5.9.2, in terms of its potential parking impacts, the Community Development Director may require the applicant to produce a parking impact study, at the applicant's expense, and shall consider such study in determining required off-street parking.

5.9.4 Location of Required Parking Spaces. Except as specifically allowed in Section 5.9, or as approved by the Community Development Director in an alternative parking plan, required off-street parking spaces must be located on the same lot or parcel as the principal use. No off-street parking shall be allowed within the required street setback, except that parking for single-family and duplex dwellings may be located in residential driveways.

5.9.5 Parking Area Layout and Design.

A)

Parking Area Dimensions. The dimensions of required off-street parking areas shall be as follows:

1)

Not more than 20 percent of the required off-street parking may be compact spaces with a width of not less than eight feet and a depth of not less than 16 feet. The remaining parking spaces shall have a width of not less than nine feet and a depth of not less than 18 feet. Structures covering vehicle spaces shall be at least seven feet high. Vehicle parking spaces shall be contained entirely within the property lines.

2)

ADA parking spaces shall be sized to comply with the Americans with Disabilities Act Standards for Accessible Design.

3)

Bicycle parking facilities typically provide for row parking with a rack or for paired parking using a center inverted U-rack or similar rack post as the anchor. A row will allow a minimum 72 inch length per bicycle parking space and a minimum 18 inch width per bicycle parking space, with 30 inches between outer spaces of posts or racks.

4)

Motorcycle spaces shall be at least five feet wide and eight and one-half feet long.

5)

Stacking spaces for drive-through facilities shall be a minimum of nine feet wide by 18 feet long.

6)

Parking areas should be designed to provide adequate aisle widths between rows of parked cars.

7)

Parking spaces that require backing onto the street shall not be allowed in C-Hwy, C-HD, and C-Lt zone districts adjacent to collector or arterial streets.

B)

Protective Curbing. Parking spaces abutting an exterior street property line of a parcel where the entrance into the parking space is not from a public street shall be provided with bumper blocks, curbing, wall, hedge or another type of vertical barrier of less than three feet height to prevent vehicles from overhanging into the public right-of-way or over any sidewalk.

C)

Paving and Striping. All required off-street parking areas shall have an all-weather surface (e.g. concrete, asphalt, brick pavers or gravel) in accordance with construction specifications of the Town Engineer. Alternative parking area treatments may be accepted as part of an alternative parking plan if it can be demonstrated that the surface can be maintained dust free. ADA spaces and associated aisles shall be paved with concrete or asphalt surface.

D)

Sidewalks Fronting Medium-Sized Retail Developments. All developments with a gross floor area of 10,000 to 50,000 square feet in the C-Hwy and C-Lt zone districts and providing retail sales and service shall provide a continuous sidewalk no less than six feet in width along the portion of a building facade fronting a parking lot.

E)

Pedestrian Corridors. All developments providing retail sales and service shall provide a sidewalk no less than six feet in width from the edge of the public right-of-way, or from a line 25 feet from the centerline of an existing local street and 32 feet from the centerline of an existing collector or arterial street where streets are not located in a right-of-way, to a sidewalk along the street. Any sidewalk traversing a parking lot shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete.

5.9.6 Alternate Parking Plans. Applicants for developments that are required to provide off-street parking pursuant to this section may request that the Community Development Department approve an alternative parking plan that does not meet the dimensional standards set forth above. The Community Development Department shall be authorized to approve such alternative parking plans if they provide sufficient evidence of adequate parking for the development.

(Ord. No. 1239, 6-9-2015; Ord. No. 1276, 2-26-2019)

5.10.1 Purpose. The intent of this section is to establish standards to protect and enhance the Town's appearance by the installation of appropriate landscaping and screening materials; to maintain and increase the value of land; and to encourage the use of native vegetation and xeriscaping techniques to conserve water usage.

5.10.2 Requirement to Landscape. The following types of development are required to provide the following types of landscaping or buffering.

(X = not applicable)

5.10.3 Front Property Line Landscaping. Front property line landscaping shall include a landscaped strip at least ten feet in depth extending back from the front property line.

5.10.4 Parking Lot Landscaping. Parking lot landscaping requirements shall apply only to uses with 25 or more parking spaces, and shall be required in addition to any street frontage landscaping and bufferyard landscaping otherwise required. A minimum of ten percent of the parking area must be landscaped. Landscaped areas shall be protected by raised curbs and shall be a minimum of 150 square feet in size except that parking lot islands shall be a minimum of four feet in width between parallel parking rows and shall run the length of the parking aisle capped at each end by the termination of the island. No parking space shall be located more than 100 feet from a landscaped area.

5.10.5 Bufferyard Landscaping. Bufferyard landscaping shall include a landscaped strip at least ten feet in depth extending inward from the side or rear property line along which buffering is required. Where an industrial use borders a commercial use, the width of the landscaping strip shall be increased to 15 feet.

5.10.6 Required Landscaping Materials and Practices.

A)

Landscaping required in this section shall include the following trees and/or vegetation per each 25 feet of length, as a minimum:

1)

At least one low-water-use tree or other woody plant which is six feet or more in height;

2)

At least two shrubs, cacti, perennial flowers, or other herbaceous or woody plants of two to six feet in height when mature; and

3)

Fifty percent of the total area in live ground cover.

B)

A maximum of 50 percent of landscaped areas shall be covered by plants requiring irrigation.

C)

Drip watering systems shall be used to water individual plants such as trees or shrubs, except in the case of plants which will rely primarily on rainfall and only require supplemental water initially.

D)

Rock, stone, and mulch covers may be used in areas without live ground cover.

5.10.7 Bonus for Use of Low-water Vegetation. Development applicants are strongly encouraged to use only trees and/or vegetation listed on the List of Approved Low-Water and Native Vegetation, maintained in the Community Development Department, to comply with the requirements of this section. Applicants who use only trees and/or vegetation included on this list shall be permitted to reduce their overall landscaping area requirements by ten percent.

5.10.8 Alternative Landscaping Plans. Applicants for developments that are required to install landscaping or buffering pursuant to this section may request that the Community Development Department approve an alternative landscaping plan that does not meet the dimensional or landscaping requirements set forth above. Such alternative plans may include opaque fencing, natural earth berms, or other features designed to buffer uses or improve appearance. The Community Development Department shall be authorized to approve such alternative landscaping plans if they provide an equivalent buffering of different uses or an equivalent improvement in the appearance of the development as seen from the street in front of the property.

5.10.9 Use of Existing Landscaping. Existing landscaping may be used to meet the requirements of this section.

5.10.10 Maintenance. Landscaped areas shall remain free of invasive or nuisance plants, litter, junk, rubbish and other nuisances and obstructions. To prevent invasive plant growth, erosion and blowing dust, areas not covered by vegetation shall be covered with mulch, wood chips or bark chips, or decorative rocks or cobble, or similar natural materials providing a clean, uniform appearance. All plants shall be maintained in a live and healthy condition.

5.10.11 Use of Public Right-of-Way. Unless explicitly stated in this section, no portion of the public right-of-way shall be used to meet landscaping or buffering requirements of this section.

5.10.12 Landscaping of Exposed Surfaces. To improve visual appeal and to reduce sediment movement from a site onto neighboring properties, exposed soil surfaces shall be revegetated or otherwise protected from erosion as provided in Section 5.5.2(B).

(Ord. No. 1239, 6-9-2015)

5.11.1 Applicability. The standards of this section apply to any retail sales and service use with a gross floor area of 50,000 square feet or more. All other provisions of this Chapter also apply. When the provisions of this section conflict with other standards of this Land Use Code, the provisions of this section shall control, except that the provisions of the Historic Overlay District supersede the provisions of this section.

5.11.2 Site Design. Large retail developments shall provide outdoor spaces and amenities to link structures with the remainder of the community. Each development shall provide at least two of the following design features: patio/seating area, pedestrian plaza with benches, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower, or other approved feature. Each of these features shall be constructed of materials that match the principal structure and be linked to the principal building by pedestrian connections. Each additional 25,000 square feet of gross floor area beyond the initial 50,000 square feet of gross floor area shall require provision of an additional approved feature.

5.11.3 Setbacks. The minimum setback for part of a principal or accessory building shall be 35 feet.

5.11.4 Foundation Landscaping.

A)

In addition to all landscaping and buffering required by Section 5.10, large retail developments shall provide foundation plantings including at least one tree or shrub every ten feet, contained in a planting strip at least six feet wide, located along the entire length (excluding doorway) of any facade containing a customer entrance, and along the entire length of any side of the building facing a public parking area.

B)

Applicants are strongly encouraged to use only vegetation listed on the List of Approved Low-Water and Native Vegetation, maintained in the office of the Community Development Department, to comply with the requirements of this section. Applicants who use only vegetation included on this list shall be permitted to reduce their foundation landscaping requirements by ten percent.

5.11.5 Pedestrian Circulation.

A)

Sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public street.

B)

Continuous internal pedestrian walkways, no less than six feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as street crossings and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, groundcover, or other such materials for no less than 50 percent of its length.

C)

Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

D)

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

5.11.6 Parking Lot Orientation. Parking areas shall be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. No more than 50 percent of the off-street parking area for the entire property shall be located between the front facade of the principal building and the primary abutting street.

5.11.7 Building Design. The following standards shall apply to all building facades and exterior walls that are visible from adjoining public streets or properties.

A)

Facades greater than 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 150 horizontal feet.

B)

Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 50 percent of their horizontal length.

C)

Parapets shall conceal flat roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not exceed, at any point, one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment and shall not be of a constant height for a distance of greater than 150 feet.

D)

Overhanging eaves, extending no less than three feet past the supporting walls, shall be incorporated along no less than 30 percent of the building perimeter.

E)

At least 50 percent of exterior building wall areas shall be surfaced with brick, wood, sandstone, other native stone, or tinted, textured, concrete masonry units. No more than 50 percent of building wall area shall be surfaced with smooth-faced concrete block, smooth-faced tilt-up concrete panels, or pre-fabricated steel panels.

F)

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.

G)

Building trim and accent areas may feature brighter colors, including primary colors.

H)

All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street.

I)

Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three items from the following list: (1) canopies or porticos, (2) overhangs, (3) recesses/projections, (4) arcades, (5) raised corniced parapets over the door, (6) peaked roof forms, (7) arches, (8) outdoor patios, (9) display windows, (10) architectural details such as tile work and moldings which are integrated into the building structure and design, or (11) integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

5.12.1 Purpose. The intent of this section is to protect and promote the public health, safety and welfare, the quality of life and the ability to view the night sky by providing standards to minimize the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. The goal is to ensure that exterior lighting meets the functional and security needs of the subject development in a way that does not adversely affect the adjacent properties or neighborhood. The degree to which exterior night lighting affects a property owner or neighborhood should be examined considering the light source, level of illumination, hours of illumination, and the need for illumination in relation to its effects on adjacent property owners and the neighborhood.

5.12.2 Applicability.

A)

Residential and Non-residential Development. All development shall comply with the standards set forth in this section, as well as the IBC and the State of New Mexico Electrical Code. For residential developments with more than four lots and non-residential developments, the developer shall submit a proposed exterior lighting plan. This plan must be submitted concurrently with the subdivision application or the site plan. The exterior lighting plan shall include plans and specifications for street luminaires, parking lot luminaires, and exterior building luminaires. The specifications shall include details of all proposed luminaires including the pole, fixture height and design, lamp type, wattage, lumen output, degrees of Kelvin (color of the light) and spacing of luminaires. The applicant shall provide enough information to verify that lighting conforms to the provisions of this section. The Community Development Director, Planning and Zoning Commission and/or building inspector shall have the authority to request additional information in order to achieve the purposes of this section.

B)

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

Average Footcandle. The level of light measured at an average point of illumination between the brightest and darkest areas. The measurement can be made at the ground surface or at four to five feet above the ground.

Ballast. A device used with a discharge lamp to obtain the necessary voltage, current, and/or wave form for starting and operating the lamp.

Building Inspector. The Town of Silver City Building Inspector.

Bulb. The source of electric light. To be distinguished from the whole assembly (see luminaire).

Candela (cd). Unit of luminous intensity.

Ninety (90) Degree Full Cut-off Type Fixtures. Fixtures that do not allow light to escape above a 90 degree angle measured from a vertical line from the center of the lamp extended to the ground,

Existing Lighting. Any and all lighting installed prior to the effective date of this section.

Exterior Lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside are considered exterior lighting for the intent of this section.

Fixture. The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing and the attachment parts.

Flood Light. Light that produces up to 1,800 lumens and is designed to "flood" a well defined area with light. Generally, flood lights produce from 1,000 to 1,800 lumens and are typically mercury vapor, metal halide or low- or high-pressure sodium.

Flux (radiant flux). Unit is erg/sec or watts.

Footcandle. One footcandle is the amount of illumination the inside surface of a one-foot radius sphere would be receiving if there were a uniform point source of one candela in the exact center of the sphere. One footcandle is equal to one lumen per square foot. Footcandle is abbreviated ftc.

Full Cut-off Fixtures. Fixtures, as installed, that are designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixtures, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted and no light is emitted on the sides.

Glare. Light that results in discomfort and/or a reduction of visual performance and visibility.

Holiday Lighting. Festoon type lights, limited to small individual bulbs on a string, where the spacing of bulbs is not closer than three inches and where the output per bulb is no greater than 15 lumens.

Illuminance. Density of luminous flux incident on a surface. Unit is footcandle or lux.

Lamp. The source of electric light; the bulb and its housing. To be distinguished from the whole assembly (See "Luminaire").

Light. The form of radiant energy acting on the retina of the eye to make sight possible; brightness; illumination; a lamp as defined above.

Light Pollution. Any adverse effect of manmade light including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky. Often used to denote urban sky glow.

Light Trespass. Light falling where it is not wanted or needed, generally caused by a light on a property that shines onto the property of others.

Lighting. Any or all parts of a luminaire that function to produce light.

Lumen. A unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One footcandle is one lumen per square foot. One lux is one lumen per square meter. Traditional incandescent lamps produce between 17 and 20 lumens per watt. Fluorescent lamps produce approximately 90 lumens per watt.

Luminaire. The complete lighting unit, including the lamp, the fixture and other parts.

Mercury Vapor Lights. Mercury vapor lights are a type of high density lamp and are prohibited.

Non-essential. Lighting that is not necessary for an intended purpose after the purpose has been served. Does not include any lighting used for safety and/or public circulation purposes Example: for purposes of this section, lighting for a business sign is considered essential during business hours, however, it is considered non-essential once the business is closed.

Partially Shielded. The bulb of the fixture is shielded and the bulb is not visible at all. The top must be completely opaque to prevent uplighting above a 120 degree angle measured from a vertical line from the center of the map extended to the ground. The bulb or bulbs may produce a maximum of 1,000 lumens, measured as if the bulb were exposed, not measured through the glass or siding.

Recessed. When a light is built into a structure or portion of a structure such that the light is fully cut-off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.

Shielded. When the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The bulb is not visible with a shielded light fixture and no light is emitted from the side of the fixture. Also considered a full cut-off fixture.

Temporary Lighting. Lighting that is intended to be used for a special event for seven days or less.

Unshielded. The bulb of the fixture is shielded by a clear or translucent siding and the bulb may be visible. The top must be completely opaque to prevent uplighting above a 120 degree angle measured from a vertical line from the center of the lamp extended to the ground. The bulb or bulbs may produce a maximum of 330 lumens, measured as if the bulb were exposed not measured through the glass or siding.

Uplighting. Lighting that is directed in such a manner as to shine light rays above the horizontal plane.

C)

Design Standards. All exterior lighting, including public street lighting as applicable, shall comply with Illumination Engineering Standards and meet the following design standards:

1)

All exterior luminaires, including street luminaires and parking area luminaires, shall be full cut-off fixtures of at least 90 degree full cut-off type fixtures. Street luminaires shall be high pressure sodium, low pressure sodium, or metal halide, unless otherwise determined by the Town Council that another type is more efficient. Street luminaires along residential streets and parking lots shall be limited to a 100 watt high pressure sodium (hps) light, an equivalent of 8,000 lumens. Street luminaires along nonresidential streets or at intersections shall be limited to 200 watts hps, and equivalent of 22,000 lumens. Street luminaires along state highways shall be limited to a 400 watt hps, and equivalent of 50,000 lumens. If the Town Council permits a light type other than high pressure sodium, then the equivalent output shall be the limit for the other light type (See table). For example: a 100 watt high pressure sodium lamp has a roughly equivalent output as a 55 watt low pressure sodium lamp, or a 100 watt metal halide lamp.

2)

No flickering or flashing lights shall be permitted, except for temporary holiday decorations.

3)

No exterior luminaires shall emit blue-white color in excess of 3,000 Kelvin.

4)

Parking lots and other background spaces shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people, property and public health. Parking area luminaires are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. Foreground spaces, such as building entrances and outside seating areas, shall utilize local lighting that defines the space without glare. Floodlights shall be not be used to light all or any portion of a building facade between 10:00 p.m. and 6:00 a.m.

5)

All exterior luminaires must have an on/off switch controlled by the property owner.

6)

All non-essential exterior commercial and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor-activated lights are encouraged to replace existing lighting that is desired for security purposes.

7)

Light sources shall be concealed or shielded to the maximum extent feasible to minimize the potential for glare and unnecessary diffusion on adjacent property or into roadway.

8)

The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site and with the historical character of the site, if located within a historic district.

9)

Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam or light that will not extend beyond the illuminated object.

10)

Street lighting shall be installed by the developer with nominal spacing of one light fixture every 300 linear feet, unless an alternative lighting plan is approved.

D)

Height Standards for Lighting.

1)

In the Ru, RA, RB-1, RB-2, RC, MU and C-HD zone districts, where power lines are buried, light fixtures or luminaires shall be mounted on concrete or painted metal poles no higher than 15 feet above the ground.

2)

In the C-Lt, C-Hwy, I, and PUD zone districts, light fixtures shall be mounted on concrete or painted metal poles or on buildings, and shall be mounted no higher than 25 feet above the ground.

E)

Canopy Lights. All lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property.

F)

Flag Poles. Upward flagpole lighting is permitted for governmental flags only, and provided that the maximum lumen output is 1,300 lumens. Flags should be taken down at sunset to avoid the need for lighting.

G)

Glare onto Surrounding Residential Properties. Residential luminaires must be mounted such that any backlight glare or uplight glare points inward to the property at the property line. The amount of nuisance glare (light trespass) projected onto a residential use from another property shall not exceed 0.1 vertical footcandles at the residential property line.

H)

Landscape Lighting. Lighting of vegetation shall be in conformance with this section. Uplighting is prohibited. All landscape lights shall be shielded.

I)

Service Stations. The average footcandle lighting level for new and existing service stations is required to be no greater than 30 footcandles.

J)

Temporary Lighting. Temporary lighting that conforms to the requirements of this section shall be allowed. Non-conforming temporary exterior lighting may be permitted by the Community Development Director only after considering 1) the public and/or private benefits which will result from the temporary lighting; 2) any annoyance or safety problems that may result from the use of the temporary lighting; and 3) the duration of the temporary non-conforming lighting. The applicant shall submit a detailed description of the proposed temporary non-conforming lighting to the Community Development Director. The Director shall provide written notice of said request to owners of property immediately adjacent to the subject property. Said notice shall inform adjacent property owners they may comment on the request during a period of not less than ten days after mailing of the notice and prior to final action on said request.

K)

Towers. All radio, communication, and navigation towers that require lights shall have dual lighting capabilities. For daytime, the white strobe light may be used, and for nighttime, only red lights shall be used.

L)

Uplighting. Uplighting is prohibited in all zoning districts, except in cases where the fixture is shielded by a roof overhang or similar structural shield from the sky and a New Mexico licensed architect or engineer has stamped a prepared lighting plan that ensures that the light fixture(s) will not cause light to extend beyond the structural shield, and except as a specifically permitted in this section.

M)

Exemptions.

1)

Outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, tennis courts, and other similar outdoor recreational uses are exempt from the exterior lighting standards set forth in subsections (A) and (C) above and shall only be required to meet the standards set forth in this subsection (M):

a)

Maximum permitted light post height: 80 feet.

b)

Limits on cutoff angle: Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of 90 degrees, provided that the luminaries are shielded to prevent light and glare spill over to adjacent residential properties.

c)

Maximum permitted illumination at the property line: two footcandles.

d)

Limits on hours of illumination: exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m. unless otherwise permitted.

2)

Common household yard lights.

a)

Exterior luminaires that have a maximum output of 330 lumens, regardless of type or number of bulbs, may be unshielded provided the fixture has an opaque top to keep light from shining directly up or cause light trespass onto the property of another. Lumen amount is measured from the exposed bulb, not through any glass or siding; or the lumen amount is garnered from the bulb specifications or packaging. See Table for acceptable bulbs and wattages.

b)

Exterior luminaires that have a maximum output of 1,000 lumens, regardless of type or number of bulbs, shall be partially shielded, provided the bulb is not visible, and the fixture has a top to keep light from shining directly up. Lumens are measured from the exposed bulb, not through any glass or siding; or, the lumen amount is garnered from the bulb specifications or packaging See Table for acceptable bulbs and wattages.

c)

Exterior flood or high density lamps with an output in excess of 1,000 lumens shall have external shielding and may be angled such that no light escapes above a 25 degree angle measured from the vertical line from the center of the light extended to the ground, and only if the light does not cause glare or light to shine on adjacent property or public rights-of-way. Photocells with timers that allow a floodlight to go on at dusk and off by 11:00 p.m. shall be used for any flood or high density yard lamp that may emit uplight or side light that trespasses onto another's property.

d)

Holiday lights only as defined in this section are exempt from the requirements of this section for the two and one-half month period from November 1 to January 15, except that flashing holiday lights are prohibited on commercial properties. Flashing holiday lights on residential properties are discouraged. Holiday lights are encouraged to be turned off after bedtime and after close of businesses.

e)

Sensor activated lighting may be unshielded provided it is located in such a manner as to prevent glare and lighting into properties of others or into a public right-of-way, and provided the light is set to only go on when activated and to go off within five minutes after activation has ceased, and the light shall not be triggered by activity off the property.

f)

Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services shall be exempt from the requirements of this chapter.

N)

Alternative Lighting Plans. Alternative lighting plans must demonstrate due diligence with respect to public safety, public health, lighting saturation, shaded areas, dark sky and horizon, etc.

Table 5.12

(Ord. No. 1239, 6-9-2015)

All applicants should be aware of and comply with pertinent portions of the provisions of the Solar Rights Act of the State of New Mexico (NMSA 1978, §§ 47-3-1 to 47-3-12).

5.14.1 No development shall create odor, vibration, noise, glare, electrical interference, or fluctuation in voltage that is perceptible beyond the property lines.

5.14.2 Temporary recreational and entertainment events, such as concerts, operating under valid Zoning Permits obtained in accordance with Sections 3.3.3 and 6.3.21, shall be exempt from the noise restrictions of this section for the duration of the Zoning Permit.

5.15.1 Purpose. The sign regulations of this chapter are intended to promote traffic safety and to enhance the visual appearance of the Town.

5.15.2 General Standards for All Signs. The following requirements shall apply to signs in all zoning districts unless otherwise indicated.

A)

Location. All signs shall be located on the same parcel as the use to which they are associated, unless the signs qualify as off-premise signs under Section 5.15.6.

B)

Sign Measurement. The total surface area of all on premise and off-premise signs on a parcel shall be counted in determining the maximum total surface area allowance. Signage is determined by parcel, unless the businesses on a parcel are detached, in which case, signage may be calculated according to the individual lot upon which the business is located. Sign height is measured as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is defined as the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. Street frontage on a corner parcel is measured linearly as the total frontage on all streets.

C)

Wind Load Standard. All exterior signs shall be engineered to withstand a minimum wind load of nine and one-half pounds per square foot.

D)

Illumination. The light from any illuminated sign shall be shielded and directed so that the light intensity does not generate glare onto nearby adjacent residential areas or into roadways or directly upward. All service lines to signs shall be located underground.

E)

Clear-Sight Triangle. To ensure traffic safety, signs shall not impede the clear-sight triangle (see Section 2.2, Definitions).

F)

Dangerous Signs. No property owner shall retain on any premises any sign which is in a dangerous or defective condition. In cases of immediate danger to the public due to the defective nature of a sign, the Community Development Director may cause the immediate removal of the sign and may assess the costs of the removal against the owner of the property.

G)

Obsolete Signs. Signs that identify businesses, goods, or services no longer provided on the premises shall be removed within 30 days after the business or occupancy ceases.

H)

Addresses. At least one sign on each parcel shall prominently display the address of the parcel, with the exception of off-premise signs.

Time Limits. Temporary signs or banners may be erected for a period not to exceed 60 days.

(Ord. No. 1239, 6-9-2015; Ord. No. 1276, 2-26-2019)