A "special use" is a use which is not permitted by right in a zoning district. A special use requires review and approval by the Planning and Zoning Commission and City Council to determine impacts on the surrounding area. (Ord. 1998-02, 4-7-1998)

The procedures for such approval are as follows:

   A.   Application For Special Use Permit:

      1.   Statement Of Reasons; Site Plan: Applications for a special use permit shall be obtained from the Community Development Department. There shall be a comprehensive statement included with each application indicating in detail the reason for the request, the purpose and use of the property, all improvements to be made, and a site plan including the following:

         a.   Location of existing and proposed structures including dimensions of setbacks;

         b.   Existing and proposed vehicular circulation systems, including parking areas, storage areas, service areas, loading areas, and major points of access, including street pavement width and right of way;

         c.   Location and treatment of open spaces including landscaping plan and schedule;

         d.   Lighting; and

         e.   Signage.

      2.   Drainage Facilities Plan: A drainage facilities plan or environmental impact statement may be required by the Planning and Zoning Commission.

   B.   Public Hearing And Notice Procedure:

      1.   Notify Adjoining Property Owners: A public hearing shall be held by the Planning and Zoning Commission for all special use permits, and all property owners within two hundred feet (200') of the request shall be notified in accord with the provisions of subsection B2 of this Section.

      2.   Hearing And Notice Requirements: A public hearing is required for all requests for a zoning district change, zoning text amendment, future land use plan change, special use permit, planned unit development, annexation and initial zoning. Whenever such request is proposed, notice of the public hearing shall be sent by certified mail to all property owners, as shown on the records of the County Assessor, within the proposed area of the change and within at least two hundred feet (200') of the area of the proposed change or request, excluding streets, alleys, channels, canals, other public rights of way and railroad right of way; provided, that a minimum of fifteen (15) property owners will be notified, where less than that number are within the mandatory two hundred foot (200') radius. Notice to said property owners shall be mailed at least ten (10) days prior to the required public hearing. Notice of the time and place of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the City.

   C.   Review And Approval Procedures: The Planning and Zoning Commission may deny such special use permits, or may grant final approval in accord with certain conditions, with right of appeal to the City Council. Approval may also be granted with additional conditions imposed, which are deemed necessary to ensure that the purpose and intent of this Title is met and to protect and provide safeguards for persons and property in the vicinity.

   D.   Time Limitations, Revocation And Development Standards;

      1.   Generally: In addition to the imposition of conditions, the Planning and Zoning Commission may impose a time limitation on the special use permit. If a special use is discontinued for a period of one year, said permit shall automatically be revoked. If a certificate of occupancy and/or a business registration is not issued for the property with the special use permit within two (2) years from the date of Planning and Zoning Commission approval, then the special use permit shall be automatically revoked. All improvements shall be in accord with the development standards within the district, except as otherwise authorized by the special use permit, and there shall be no major revisions in the site plan of the original approved special use, except as approved by the Planning and Zoning Commission. Minor revisions to a site plan, following final approval, may be subsequently approved by the planning staff without a public hearing. Major revisions to the plan are subject to a regular public hearing with the same requirements as an original application.

      2.   Major Revisions: Major revisions shall include, but are not limited to:

         a.   Any change in land use or intensity;

         b.   Modifications of vehicular traffic volumes or circulation; and

         c.   Increase in size of property or change in location or configuration of structures.

      3.   Minor Changes: Minor changes approvable by the planning staff are as follows:

         a.   Provision of additional parking or landscaping;

         b.   Minor adjustment to parking, landscaping, lighting, signage; and

         c.   Superficial changes to structures or slight variations in dimensions.

      4.   Permit Renewal: Special use permits shall be eligible for renewal when limitations expire.

   E.   Recording Of Special Use Permits: After approval, the special use permit shall be issued by the Community Development Director or his/her designee and shall include all information, conditions, reference to site plans, and other provisions of the special use. The special uses as granted shall be shown on a Special Use Permit Map indicating its location with a designation of "SU" and the year of expiration. Special uses shall not be considered a zoning district change. (Ord. 1998-02, 4-7-1998)

The following are special uses which may be approved by the Planning and Zoning Commission in accord with the provisions and conditions of this Chapter. The Planning and Zoning Commission may, at its discretion, impose additional conditions when deemed necessary. Such uses shall be approved only within the districts stipulated.

ACCESSORY UNIT (R-1): This use is intended to allow flexibility in existing and proposed housing designs in order to better accommodate family living arrangements which often result due to growing economic and social demands and/or impacts. This use shall be permitted, provided:

   A.   Owner of record shall reside in either the main or accessory unit for a minimum of six (6) months of each calendar year during the special use permit approval period. Instances where nonresidency occurs in excess of six (6) months due to a legitimate illness or accident requiring hospitalization or special care shall be exempt from this provision; and

   B.   No more than one accessory unit shall exist per single-family dwelling/lot; and

   C.   Accessory units shall be created solely to accommodate those related to the family. Actual occupancy is subject to item A above; and

   D.   A maximum permitted increase to the size of an existing dwelling for purposes of an accessory unit shall be thirty percent (30%) of the floor area which existed three (3) years prior to application submittal. No more than thirty percent (30%) of the floor area for new construction may be allocated for the accessory unit in each instance, the permitted floor area for the accessory unit may not exceed five hundred (500) square feet; and

   E.   Exclusive of the applicant's proposal, no more than ten percent (10%) of single-family dwellings (R-1 Zone) within a five hundred foot (500') radius of the applicant's property (measurement shall be from property line to property line exclusive of rights of way) shall have accessory units. If there are no R-1 zoned properties within the radius measured, the proposal shall be considered as meeting the ten percent (10%) requirement; and

   F.   The lot/parcel proposed for such use shall meet the minimum area requirements of the R-1 Zone (most recent Sunland Park Zoning Code, as amended); and

   G.   Every effort shall be made to avoid additional entrances or other visible changes on the facade of the house facing the street. Modifications or initial designs shall, to the extent possible, conform to the overall design of the house. Exterior materials used for the accessory unit shall, to the extent possible, be of a compatible color, texture, and type; and

   H.   Accessory units shall retain direct internal access to the main dwelling in a manner which will allow easy reconversion back as part of the single-family unit (single kitchen) upon expiration or termination of the special use permit. Accessory units created through an addition or designated as such in new construction shall be connected to the main dwelling by a common wall(s). A minimum of seventy five percent (75%) of the accessory units common wall(s) length shall be used in the connection. Direct internal access to the accessory living areas shall exist through functional/integral living areas such as a living room, family room, main hallway, etc. Ancillary hallways, garages, laundry rooms, or similar areas shall not serve as the sole connecting facility; and

   I.   Landscaping shall be used to the extent possible, to minimize the impact to adjacent properties; and

   J.   Parking for the accessory unit shall conform to City standards; and

   K.   Approval for an accessory unit (special use permit) shall be based on the length of time the accessory unit/main dwelling is to be used by a specific family member as determined by the applicant. No more than one accessory unit special use permit shall be granted, per lot, to the same property owner. The special use permit may be revoked on the grounds of noncompliance with all applicable conditions, codes, or ordinances and thereby, require reconversion back as a single-family dwelling. Special use permits for purposes herein defined shall run with the specific family member(s) (not the land) for which the accessory unit was created. A change in ownership of a property where a special use permit exists for a person(s) who is/are no longer a family member of the accessory unit occupant or a change in the intended accessory unit occupancy status shall cause said permit to immediately become void. In such instances, it shall be the responsibility of the new/present owner to either apply for a new accessory unit special use permit or reconvert the structure back to a single-family unit as required pursuant to all applicable regulations; and

   L.   Upon approval of an accessory unit special use permit, the applicant and/or property owner shall be required to file the special use permit, as issued by the Planning Department, with the County Clerk's office; and

   M.   All applicable special use permit requirements shall apply pursuant to Chapter 8 of this Title unless exempted or otherwise stated under these provisions.

ADULT AMUSEMENT ESTABLISHMENT: This use shall be permitted, provided:

   A.   Such use is located at a minimum of one thousand feet (1,000') from a property line of a:

      Church;

      Nursery/daycare;

      Public park or recreational facility;

      Residential zoning district;

      School; and

      Other adult bookstore/video store or adult amusement establishment.

   B.   This use shall be permitted, provided such use is located at a minimum of five hundred feet (500') from the property line of a liquor establishment. Measurement shall be measured from the adult amusement establishment to the property line of the liquor establishment.

   C.   The operator of an adult entertainment establishment shall affix a sign to the exterior wall nearest the primary entrance to the structure in which such enterprise is located. Such sign shall be thirty six inches by eighteen inches (36" x 18"), shall have red lettering (letters shall be 2 inches in width and 3 inches in height) on a white background and it shall state as follows:

ADULT BOOKSTORE/VIDEO STORE:

   This use shall be permitted, provided:

   A.   Such use is located at a minimum of one thousand feet (1,000') from a property line of a:

      Church;

      Nursery/daycare;

      Public park or recreational facility;

      Residential zoning district;

      School; and

      Other adult bookstore/video store or adult amusement establishment.

   B.   This use shall be permitted, provided such use is located at a minimum of five hundred feet (500') from the property line of a liquor establishment. Measurement shall be measured from the adult bookstore/video store to the property line of the liquor establishment.

   C.   The operator of an adult bookstore/video store shall affix a sign to the exterior wall nearest the primary entrance to the structure in which such enterprise is located. Such signs shall be thirty six inches by eighteen inches (36" x 18"), shall have red lettering (letters shall be 2 inches in width and 3 inches in height) on a white background and it shall state as follows:

AIRPORT LANDING FIELD, STRIP OR HELIPORT: Uses shall be in accord with all Federal Aviation Administration Regulations.

AMUSEMENT PARK. 

AUTOMOBILE PARKING LOT: Parking lots must be within three hundred feet (300') of any office, commercial, business, or industrial district. The parking area shall be suitably landscaped, paved and drained, lighted, and maintained free of debris.

BUS GARAGE: A traffic plan shall be approved by the City Engineer showing the location, size, and width of streets giving access to the garage. Such use shall be located on an arterial or collector street as shown on the Future Land Use Plan.

CEMETERY OR SIMILAR USES: Any cemetery site shall contain at least ten (10) acres and shall provide adequate landscaping, screening, and buffering.

CHILDCARE CENTER OR SIMILAR USES; SIX OR MORE CHILDREN: Childcare center, nursery school, day nursery, kindergarten and similar uses shall be in accord with State licensing requirements and enclosed with a solid wall or fence five feet (5') in height. A stacking lane shall be provided which is at least fifteen feet (15') in width and a minimum total length of twenty seven feet (27') for each ten (10) children of maximum designed enrollment.

CHURCH AND SIMILAR USE; OVER TEN PERSONS: Adequate off-street parking shall be provided as required by this Title, and such use shall be located on an arterial or collector street, as shown on the Future Land Use Plan. In addition, there shall be adequate screening and buffering along residential property lines. All church sites shall have a minimum of two (2) acres.

DRIVE-IN BANK: Stacking lanes shall be provided and designed to ensure that no bank traffic backs into the street giving access to the bank. Banks must be located on a collector or arterial street as shown on the Future Land Use Plan. Waiting lanes shall be a minimum of one hundred eighty feet (180') in length for each drive-in window, with a minimum width of ten feet (10') for each lane.

FLEA MARKET: Flea markets shall not be approved if there is a protest of fifty one percent (51%) within the area of property ownership one hundred feet (100') from the proposed use.

GAS PUMPS: Gas pumps may be permitted in the C-1 Zone, provided they are used in conjunction with a convenience grocery store. There shall be no servicing of vehicles allowed. A sign may be used for such use, provided it shall not exceed ten feet (10') in total height, and the total sign area shall not exceed twenty (20) square feet. Said allowances for a sign are in addition to normal requirements listed in the Sign Code, Chapter 14 of this Title.

GOLF COURSE OR COUNTRY CLUB: There shall be screening and buffering on property lines abutting residential areas and no structures shall be within fifty feet (50') of a residential property line.

GROSS FLOOR AREA, EXCEEDING THREE THOUSAND SQUARE FEET: The maximum gross area per business may exceed three thousand (3,000) square feet in a C-1 District, provided it can be shown that the increase in size will not be inconsistent with the purpose of the C-1 District and will not create traffic congestion. Businesses shall not exceed six thousand (6,000) square feet of gross floor area.

HEAVY EQUIPMENT REPAIR AND SERVICE.

HOME FOR HANDICAPPED, DISABLED, RETARDED, OR RETIRED. 

KENNEL, COMMERCIAL: Such uses shall be a minimum of four hundred feet (400') from any residential zoning district boundary.

M-2 SPECIAL USES: The following uses are permitted in the M-2 District, provided such use is a minimum of one thousand feet (1,000') from a residential zoning district boundary and does not create a nuisance due to noise, odor, pollution, traffic or other similar problems:

   Acid manufacture. Airport or heliport.

   Cement, lime, gypsum or plaster manufacture.

   Explosives manufacture or storage.

   Fat rendering.

   Fertilizer manufacture.

   Glue manufacture.

   Junkyards, salvage, or wrecking yards.

   Petroleum refining.

   Raw materials manufacturing, processing, and extracting.

   Smelting of ores.

   Stockyards or slaughter of animals.

MANUFACTURE, PROCESSING, TREATMENT, AND EXTRACTION OF RAW MATERIALS: Such uses shall be a minimum of four hundred feet (400') from a residential district boundary or residential dwelling property line. Uses shall not create a nuisance due to noise, odor, pollution, traffic or other similar problems.

MOBILE HOME PARKS: See Section 10-10-5 of this Chapter.

MOBILE HOME SUBDIVISIONS.

NURSING HOMES: There shall be no more than ten (10) persons in one home, and a minimum of two (2) parking spaces must be provided in addition to one space for each five (5) persons.

OFFICES IN HISTORIC DISTRICTS AND STRUCTURES: Offices of professional, commercial, industrial, religious, institutional, public or semipublic persons or organizations; provided, that no goods, wares, or merchandise shall be prepared or sold as the primary business of the facility. Such special use shall be permitted within any zoning district, but only within:

   A.   An existing structure identified as "significant" or "contributing" in a recognized historical district on the State Register of Historic Places; or

   B.   An existing individual structure, landmark, site or building listed on the State Register of Historic Places.

Such special use permits shall be permitted only for a time specified by the Planning and Zoning Commission, and only as long as the property retains its designation on the State Register of Historic Places. Otherwise, the property shall revert to and retain its normal zoning district classification and the rights associated therewith.

PAINT SHOP; SPRAYING OR MIXING: Provided such use shall be located at least one hundred feet (100') from any residential zoning district and provided there shall be Fire Department approval.

   A.   Storage shall be within an enclosed building; or

   B.   Storage may be located within mobile trailer units within a sight obscuring fence at least six feet (6') in height, and not to be a contamination, rodent, insect, or health hazard;

   C.   Materials to be recycled shall not remain on the premises for a period exceeding four (4) weeks; and

   D.   Recycling purchase centers shall be located a minimum of three hundred feet (300') from any residential zoning district.

A special use permit is required for all MHP developments and is intended to provide for the development of mobile home parks at standards consistent with the health, safety, and welfare of the community. MHPs are permitted by special use permit in the following districts: R-2 and C-2. "Mobile homes" as defined in Section 10-1-1 of this Title, when used for living purposes (either temporary or permanent), shall be located solely within MHPs or MR zoned areas.

   A.   Application And Action: Application for a special use permit to build or enlarge an MHP shall be made to the Community Development Department.

   B.   Permitted Uses In Mobile Home Park:

      1.   Stationing of residential mobile homes with complete hookup to utilities.

      2.   Accessory buildings, swimming pools, home occupations, and recreation areas and buildings.

      3.   Home for handicapped, disabled, retarded, or retired.

   C.   Mobile Home Park Standards:

 

   D.   Design Standards:

      1.   Swimming Pools:

         a.   Swimming pools are permitted only when a protective fence four feet (4') in height is provided around the yard, lot or pool area.

         b.   The pool shall be no closer than five feet (5') from any property line or mobile home space boundary, and approval from all utilities is required to ensure overhead safety.

         c.   All gates in fences shall be self-closing and equipped with self-latching devices.

      2.   Perimeter Walls: All mobile home parks shall have perimeter walls at least five feet (5') in height as approved by the Community Development Department.

      3.   Landscape Concept: All mobile home parks shall have a landscape concept, as approved by the Community Development Department, for all areas not devoted to structures, streets, alleys, drives, walks and paths.

      4.   Walls, Fences, And Hedges: Walls, fences, and hedges shall conform to this Title, with the following exception: a clear-sight   t triangle of twenty feet (20') in both directions on the mobile home space from the corner of the internal streets is required. A clear-sight triangle of at least thirty feet (30') is required at all MHP entrances and exits.

      5.   Utility Placement: Utility placement shall be approved by the Community Development Department.

   E.   Streets And Access Standards:

      1.   All MHPs shall have vehicular access from an arterial or collector street.

      2.   Each mobile home when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.

      3.   Street layout shall be designed for prevention of natural features and to follow topography to the greatest extent possible and to encourage the orientation of mobile homes in such a manner as to permit the use of solar energy systems.

      4.   All streets within a mobile home park shall be surfaced with asphalt or concrete to a minimum width of thirty seven feet (37').

      5.   No street within a mobile home park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of fifty feet (50') at the termination point.

      6.   There shall be a network of pedestrian walks connecting mobile home spaces with each other and with MHP facilities.

      7.   Private driveways shall be designed to increase ease of access, increase privacy, and provide safety.

      8.   All spaces and streets shall be designed to ensure proper drainage. A complete drainage plan shall be approved by the City Engineer.

      9.   Street lighting shall be provided to illuminate all private and public access ways and walkways for the safe movement of vehicles and pedestrians at night.

   F.   Signs: Signs shall conform to Sign Code in Chapter 14 of this Title.

   G.   Refuse: The management of a mobile home park shall provide adequate refuse collection facilities. These collection facilities shall be constructed and maintained in accordance with all City health regulations, shall be properly screened, and shall be designed to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

   H.   Storage:

      1.   MHPs shall have a storage yard for recreational vehicles. Such storage yards shall have a minimum of sixty (60) square feet of storage area per mobile home space in the development and shall be located so as not to detract from surrounding properties. All recreational vehicles shall be parked in the storage yard. (Ord. 1998-07, 10-6-1998)

      2.   Each mobile home space shall have a personal storage unit. Such storage unit shall be at least six feet (6') high with a storage capacity of at least three hundred (300) cubic feet. Each storage unit shall be anchored permanently to the ground. (Ord. 1998-07, 10-6-1998; amd. 2000 Code)

   I.   Nonexposure Of Undercarriage: Mobile home undercarriages shall be concealed by either:

      1.   An appropriate, nonflammable skirting developed for the particular mobile home by the manufacturer, or its equal, and meeting the requirements of the State Mobile Housing Division Rules and Regulations on the installation of skirting.

      2.   Entrenching the mobile home to a depth equal to the height of the undercarriage. Any such entrenching shall have provisions for drainage approved by the City Engineer and shall be constructed in conformance with the State Mobile Housing Division Rules and Regulations.

   J.   Expansion Or Alteration: Any existing MHP desiring to expand its area shall do so in accordance with the provisions of this Title. (Ord. 1998-07, 10-6-1998)

A special use permit is required for all RVP developments and is intended to provide for the development of recreational vehicle parks at standards consistent with the health, safety, and welfare of the community. RVPs are permitted by special use permit in the following districts: C-2 and M-1. "Recreational vehicles", as defined in Section 10-1-1 of this Title, when used for temporary or permanent living purposes, shall be located solely in RVPs.

   A.   General Requirements:

      1.   Access: Recreational vehicle parks shall abut and access from one of the following:

Freeway

Major arterial street Minor arterial street

      2.   Utilities: Water, sewer, electricity, telephone, and other necessary utilities shall be available at the RVP and placement shall be approved by the Community Development Department.

      3.   Driveways: Driveways shall be designed to increase ease of access, increase privacy, and provide safety, and placement shall be approved by the Community Development Department. The density of spaces in any recreational vehicle park shall not exceed twenty (20) spaces per acre.

   B.   Development Standards:

      1.   There shall be fourteen feet (14') between the sides of all recreational vehicles and eight feet (8') between the backs of all recreational vehicles.

      2.   No recreational vehicles shall be closer than eight feet (8') to any private access way.

      3.   Spaces for recreational vehicles shall be a minimum of one thousand two hundred (1,200) square feet.

      4.   No recreational vehicles shall be closer than twenty feet (20') to any building.

      5.   No structure shall exceed thirty five feet (35') in height.

      6.   A landscaping concept shall be approved by the Community Development Department for all areas not covered by structures or paved.

      7.   Screening the perimeter of a recreational vehicle park by a wall and/or other approved landscaping material shall be required.

      8.   Private access ways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.

      9.   Interior streets shall be a minimum of twenty seven feet (27') in width and paved with asphalt, concrete, or crushed rock.

      10.   Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible.

      11.   There shall be an active, usable recreational area for tenants, comprising five percent (5%) of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities.

      12.   There shall be a community building or buildings that shall provide for the recreational and service needs of occupants of the recreational vehicle park. It shall include restrooms, showers, and a laundry. No dry cleaning shall be permitted in the RV park. The community building or buildings may not be included as part of the required recreational area.

      13.   Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all City health regulations, and shall be screened and designed to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

      14.   Lighting shall be provided to illuminate access ways and walkways for the safe movement of vehicles and pedestrians at night. (Ord. 1998-07, 10-6-1998)

      15.   A means of emptying sewage holding tanks shall be provided and approved by the State Health Department. (Ord. 1998-07, 10-6-1998; amd. 2000 Code)

      16.   Expansion of existing recreational vehicle parks shall be in accordance with provisions of this Section.

      17.   One mobile home may be placed in the RVP for use by a caretaker. (Ord. 1998-07, 10-6-1998)