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Sunland Park City Zoning Code

CHAPTER 20

ENTERTAINMENT OVERLAY DISTRICT

10-20-1: TITLE:

This chapter shall be entitled "Entertainment District Overlay Zone Ordinance" hereinafter referred to as "this chapter." (Ord. 2022-2, 1-4-2022)

10-20-2: PURPOSE:

The purpose of this chapter is to enact the standards necessary to promote the development of a thriving entertainment district in the City of Sunland Park with distinctive aesthetic characteristics. (Ord. 2022-2, 1-4-2022)

10-20-3: CREATION:

The Entertainment District Overlay Zone is hereby created and shall have the boundaries and standards reflected in this chapter. (Ord. 2022-2, 1-4-2022)

10-20-4: APPLICABILITY:

The boundaries of the Entertainment District Overlay Zone are synonymous with the boundaries labeled as "Entertainment District Overlay" in Figure 1 (below). This area and the Entertainment District Overlay Zone may be referred to interchangeably as the "Entertainment District."
   Figure 1: Entertainment District Overlay Zone Boundaries
 
(Ord. 2022-2, 1-4-2022)

10-20-5: SPECIAL USES:

The following special uses may be approved by the planning and zoning commission in accord with the provisions of this chapter and the procedures set forth in city code section 10-10-2 (Ord. 1998-02, 4-7-1998):
   A.   Auditoriums;
   B.   Arenas;
   C.   Communication facilities;
   D.   Antennas mounted on existing buildings and water towers;
   E.   Conference facilities;
   F.   Casinos and gambling;
   G.   Amusement parks;
   H.   Miniature golf;
   I.   Museums;
   J.   Restaurants and bars;
   K.   Retail;
   L.   Recreational and medical cannabis retail facilities;
   M.   Convention centers;
   N.   Breweries and micro-breweries;
   O.   Wineries;
   P.   Hotels and lodging;
   Q.   Sports or recreational facilities of all types;
   R.   Mixed-use commercial-residential units; and
   S.   Any use which would otherwise be permitted by the base zoning within the Entertainment District. (Ord. 2022-2, 1-4-2022; amd. Ord. 2022-8, 6-21-2022)

10-20-6: DEVELOPMENT SITE PLANS:

New developments within the Entertainment District shall require a site plan to be included with the application for special use permit which shall include the following:
   A.   Proposed uses;
   B.   Building locations;
   C.   Building setbacks and heights;
   D.   Architectural materials;
   E.   Access to site;
   F.   Internal traffic circulation;
   G.   Parking;
   H.   Pedestrian accommodations;
   I.   Landscaping;
   J.   Walls and fences;
   K.   Sign locations; and
   L.   Lighting. (Ord. 2022-2, 1-4-2022)

10-20-7: DIMENSIONAL STANDARDS:

   A.   Lot Size, Minimum: The minimum lot size within the Entertainment District is five thousand (5,000) square feet. This is designed to accommodate three (3) story mixed-use structures with two (2) floors of minimum five hundred (500) square feet apartment units that are able to provide on-street parking. Should parking need to be handled on-site, either the lot size increases, or the number of units decreases to meet this demand.
      1.   Upon application, City Council may allow density averaging in order to maximize the amount of open space provided.
         (a)   An increase in density application must to include the addition of passive or active open space.
      2.   For mixed-use developments that include residential units above first floor commercial, the requested average number of units shall not exceed two (2) per one thousand (1,000) square feet and must be consistent with the master plan land use designation.
   B.   Lot Width, Minimum: Lot size, including width and dimension shall be included in the site plan and shall be compatible with surrounding established neighborhoods and able to accommodate the setback, open space, and all other relevant requirements of the Entertainment District.
   C.   Front Yard Setback: Front yard setbacks shall be zero (0) feet in the Entertainment District.
      1.   The purpose of this setback is to help bring activity to the public realm and provide street enclosure for passing vehicles narrowing their field of vision and resulting in slower speeds. A front yard setback of zero (0) feet is also intended to ensure parking is located at the rear of the building, allowing for a more-dense and lively streetscape.
      2.   All setback lines shall be measured between the nearest points between any building facade and the nearest property line or right-of-way.
      3.   Outdoor patios at the front yard setback must be designed in a way to structurally be a part of the building and provide the zero setback.
      4.   Front yard setback above the first floor of development shall be five (5) feet to ensure patios and balconies for residential units in a mixed-use building. The presence of patrons, resident and visitors provides 'eyes on the street' and increases the feeling of safety and accountability, as well as adds life to the district.
   D.   Side Yard Setback: The minimum setback for side yards not facing a public street shall be fifteen (15) feet.
      1.   The purpose of this setback is to accommodate growth in the area as common driveways to shared rear parking lots are utilized.
   E.   Side Yard Setback, Corner Lot: For corner lots, where common access will not be necessary, the side yard setback shall be five (5) feet.
      1.   The purpose of this setback is to contribute to the dense built environment. This also provides an opportunity to include additional greenspace as the front yard setback is at the back of sidewalk and provide hierarchy within the street network.
   F.   Rear Yard Setback, Minimum: The minimum setback from a rear lot line shall be fifteen (15) feet for primary and accessory structures.
   G.   Building Height Requirements: The maximum height of any structure in the Entertainment District shall be forty-two (42) feet, except as otherwise provided herein.
      1.   This design accommodates three-story mixed-use developments with retail or restaurant space on the first floor that requires ceiling or utility space greater than ten (10) feet. The height maximum is intended to serve the usable space of a building, and therefore shall not include any necessary rooftop screening structures.
      2.   It is encouraged that the building cornice be designed and utilized in a way to provide screening of rooftop units.
      3.   For Mixed-Use and Retail structures, no more than three (3) stories shall be permitted. The maximum height of accessory structures shall be fifteen (15) feet.
      4.   For hotels and convention centers, the maximum height shall be fifty-two (52) feet.
      5.   For amusement parks, there shall be no maximum height restriction.
   H.   A summary of the above dimensional standards is contained in Figure 2, below:
Figure 2: Entertainment District Overlay Zone (ENT) Dimensional Standards Summary
Lot Standards
Overlay Zone
Figure 2: Entertainment District Overlay Zone (ENT) Dimensional Standards Summary
Lot Standards
Overlay Zone
A
Lot size, minimum
5,000 sq. ft.
B
Lot width, minimum
75 ft.
Setback Standards
C
Front, minimum general
0 ft.
D
Side, minimum general
15 ft.
E
Side, minimum corner lot
5 ft.
F
Rear, minimum
15 ft.
Building Height
G
Building height, max
42 ft. (general)
52 ft. (hotel and convention center)
N/A (amusement parks)
 
(Ord. 2022-2, 1-4-2022; amd. Ord. 2022-8, 6-21-2022)

10-20-8: PARKING REQUIREMENTS:

   A.   Intent. To promote shared parking within the Entertainment District where visitors are able to 'park once' and visit multiple businesses.
   B.   The following parking minimums shall apply to each development, and where on-street, public or shared parking is within one hundred (100) feet.
      1.   Residential: one (1) space per dwelling unit.
      2.   Retail/Commercial: three (3) spaces per one thousand (1,000) square feet.
      3.   Restaurant: one (1) space per one thousand (1,000) square feet of common area and one (1) space per three (3) seats based on occupant load or dining layout.
   C.   Development site plans that utilize on-street parking shall provide for curb-and-gutter with bump-outs to enclose parking from the travel lanes as well as necessary sidewalk connections with ADA accessibility and marked crossings. (Ord. 2022-2, 1-4- 2022)

10-20-9: BUILDING DESIGN STANDARDS:

   A.   Four-Sided Design:
      1.   Intent: Buildings shall not look like they have a fake facade pasted on the front of them. Buildings shall be designed to ensure that they look like the same building on all sides. Consistent building details and proportions on all sides ensure a "four-sided" quality to a building.
      2.   The design of the building shall provide consistent architectural details and avoid monotonous building massing and design. Architectural details and colors shall be consistent on all building walls. All sides of a building shall display a similar level of quality and architectural interest. The majority of a building's architectural features and treatments shall not be restricted to a single facade.
      3.   All building elevations shall contain windows.
   B.   Signage:
      1.   Intent: A building shall not be dominated by corporate or trademark architectural details; a building shall be compatible with other surrounding buildings and should not consist of building forms that primarily serve as signage and marketing elements. To achieve this, the total area of a building sign shall not exceed ten (10) square feet or five (5) percent of the building face. The area of the sign shall be calculated by encompassing it in a four-sided rectangular shape.
      2.   Dimensions: The total area of a building sign shall not exceed ten (10) square feet or five (5) percent of the building face, whichever is smaller. The area of the sign shall be calculated by encompassing it in a four-sided rectangular shape.
      3.   Design Integration: On all street frontages, signage material shall be integrated into the overall design of the building. Signs shall be located to complement the architectural features of a building such as above the building entrance, storefront opening, or other similar features.
      4.   Prohibited Signs: In addition to those signs prohibited by the City's Sign Ordinance, the following signs are prohibited within the Entertainment District:
         (a)   Pole Signs;
         (b)   Digital Displays. Exception: If and when device is allowed by special event permit;
         (c)   Attention-Attracting Devices. This includes, but is not limited to, pennants, streamers, searchlights, and air and gas filled balloons and figures. Exception: If and when device is allowed by special event permit.
         (d)   Directly Illuminated Signs. Exception: when approved by the Planning Commission or City Council as architectural lighting for a building.
      5.   Sign Illumination:
         (a)   Permanent signs may be illuminated via internal, indirect, and halo illumination configurations, unless otherwise indicated. Temporary signs shall not be illuminated.
         (b)   Illuminated signs shall not operate at brightness levels of more than three-tenths foot-candles above ambient light conditions at the property line, as measured using a foot-candle meter. Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an approximate height of three (3) feet above grade.
         (c)   Illuminated signs shall not consist of a static image projected upon a stationary object.
      6.   Monument Signs. Developments or parcels with four (4) or more tenants may be allowed a detached monument sign to serve all businesses on location. The monument sign shall remain outside of the sight triangles and is not permitted in the right-of-way.
         (a)   The depth of the sign base shall be at least one-fourth the length of the width of the sign.
         (b)   The sign base shall consist of metal (rust and corrosion resistant) or a masonry or concrete substructure with an exterior consisting of durable masonry materials and include brick, split-face block, or natural or synthetic cementitious stone or brick. The sign base shall be composed of architectural features, forms, colors and materials consistent with the primary architectural elements and materials consistent with or used in the development or on the principal building.
         (c)   Individual signs are not to exceed six (6) square feet. Where more than four (4) tenants are present on a monument sign, individual signs are not to exceed four (4) square feet.
         (d)   Monument signs shall only display development or tenant names in two (2) directions.
         (e)   Mixed-use developments are permitted a monument sign regardless of number of first floor retail tenants.
   C.   Building Materials:
      1.   Intent. Buildings shall be attractive and durable. To ensure this, buildings shall be constructed of high-quality materials and require minimal maintenance. These standards shall apply to the first floor of mixed-use properties and commercial properties. Brick, stone, and other types of masonry or masonry veneer shall be detailed as masonry bearing walls, especially at openings. Proper masonry detailing allows the building to be more pleasing to the eye because masonry openings and corners appear to be structurally supported.
      2.   All buildings within the Entertainment District, including pad site buildings, shall be constructed of building materials and colors approved by the Community and Economic Development Department as part of the development application. Applications shall include illustrations and examples of building materials and/or colors.
      3.   Permitted Materials. Exterior building materials are classified according to their visual weight; exterior building materials shall include, but shall not be limited to, the following:
         (a)   Heavy:
            (1)   Stone;
            (2)   Cast stone;
            (3)   Brick;
            (4)   Integrally-colored split-face block.
         (b)   Medium Materials:
            (1)   Stucco;
            (2)   Exterior Insulated Finishing System (EIFS).
         (c)   Light Materials:
            (1)   High-quality solid wood;
            (2)   Cement board;
            (3)   Synthetic wood;
            (4)   Metal;
            (5)   Glass curtain wall.
      4.   Location.
         (a)   Heavy materials shall be located below medium and light materials;
         (b)   Medium materials shall be located below light materials.
         (c)   Heavy materials shall extend to grade and not terminate at an exterior or interior corner.
      5.   Required Masonry. At least forty (40) percent of the total exterior wall area of each building elevation, excluding windows, doors, and related trim, shall be heavy materials. The balance of exterior wall area shall be medium or light materials.
      6.   Vertical Change of Materials. A vertical change of materials shall occur at an interior corner or shall not occur within two (2) feet of an exterior corner.
      7.   Materials Offset. Where there is a change in material on the same wall, there shall be a minimum offset of four (4) inches. The change in material is intended to apply to surface type such as masonry to stucco or wood siding.
      8.   Prohibited Materials. Unless approved by the Site Plan Review Committee, exterior building materials shall not include the following:
         (a)   Split shakes;
         (b)   Rough-sawn wood;
         (c)   Board and batten wood;
         (d)   Vinyl siding;
         (e)   Smooth-faced gray or stained concrete block;
         (f)   Painted concrete block;
         (g)   Tilt-up concrete panels; or
         (h)   Corrugated metal siding.
   D.   Building Modulation and Articulation:
      1.   Intent. Long, large buildings can be monotonous if they contain large or long expanses of surface area with no detailing or shadow lines; recesses and projections in building walls help to proportion and subdivide the massing of large buildings. Tall building walls with little detailing emphasize their height and dwarf human beings. Tall building walls shall have an apparent base, middle, and top.
      2.   Facade Modulation. Any facade exceeding thirty (30) feet in length shall include at least one change in wall plane such as projections or recesses, having a depth of at least three (3) percent of the entire length of the facade; this projection or recess shall extend over at least twenty (20) percent of the entire length of the facade. Mixed-use developments shall be exempt from the facade modulation standard.
      3.   Vertical Architectural Features. Columns, pilasters, piers, vertical changes in wall planes, or vertical changes in texture or material shall be considered vertical architectural features.
      4.   Building Base. A recognizable base shall include, but shall not be limited to:
         (a)   Thicker walls, ledges, or sills.
         (b)   Integrally textured, colored, or patterned materials such as stone or other masonry.
         (c)   Raised planters which are integral to the building facade.
   E.   Gutters and Downspouts:
      1.   Intent. Building devices used to control rainwater shall be compatible with the roofing system and shall not dominate the facade of a building. Parapets and cornices shall not be interrupted by stormwater elements.
      2.   Exposed gutters are prohibited for use with flat roofs.
      3.   Exposed downspouts shall only be allowed at interior corners.
      4.   Gutters and downspouts shall be constructed of high-quality, commercial-grade metal.
   F.   Windows:
      1.   Intent. Windows shall be vertically proportioned; this allows the window opening to appear to be structurally supported. Upper-story windows shall logically align with buildings bays and windows on the ground floor so the upper floors look like they are part of the same building as the ground floor.
      2.   Proportions. Window panes shall be vertically proportioned.
      3.   Trim. Window openings on brick, stone, cast stone, or synthetic stone buildings shall not be trimmed. Lintels, sills, and arches are not considered trim. Window openings without trim or moulding shall have window frames at least two (2) inches wide when looking at the finished facade of the building.
      4.   Upper Story Windows. Windows located above the ground floor shall align with ground floor windows, ground floor doors, and the building modulation.
   G.   Glazing:
      1.   Intent. The primary facade of a ground floor of a building shall include transparent building materials. Ground floor transparency guarantees a visual connection to the passers-by and is usually necessary for most retail structures. By exposing the ground floor to the exterior, there is an invitation to participate with the activity inside.
      2.   Required Transparency. Primary facades shall provide a minimum of twenty-five (25) percent glazing or transparency. This calculation includes the area of a building on the same plane of the glazing material and not intended to include articulation or recessions.
      3.   Primary Facade. A primary facade shall be considered any front facade or facade that fronts onto a street, accessway, pedestrian walkway, or internal drive; alleys and service drives shall not be considered streets, accessways, or internal drives for the purposes of this requirement.
      4.   Pedestrian View Plan. The pedestrian view plane shall be defined as the exterior wall area located between two (2) feet and ten (10) feet above the exterior grade.
      5.   Transparency. Glazing shall be considered to be transparent if it is one hundred (100) percent transparent from both the exterior and the interior of the building.
   H.   Awnings:
      1.   Intent. Because they provide shade, protect buildings and pedestrians from sun, rain and snow, and add a more intimate scale to the building, awnings are encouraged but not required for use on the ground floor of a building with retail uses.
      2.   Length. Awnings shall be no longer than a single storefront, and not intended to extend between multiple tenant spaces.
      3.   Height. The bottom of the awning shall not be higher than the top of the windows. The bottom of the awning shall generally be no higher than nine (9) feet above the average exterior grade.
      4.   Shape. Awnings shall fit the character and design of the building and be pedestrian-scaled. Awnings for rectangular openings shall be simple, shed shapes.
      5.   Material. Awnings shall be constructed of fabric, metal, or glass. Fabric awnings are encouraged; canvas awnings with a matte finish are preferred. Awnings with high gloss finish are discouraged. Illuminated, plastic awnings are prohibited.
      6.   Color. Awnings shall be constructed of fabric, metal, or glass. Fabric awnings are encouraged; canvas awnings with a matte finish are preferred. Awnings with high gloss finish are discouraged. Illuminated, plastic awnings are prohibited.
   I.   Building-Mounted lighting:
      1.   Intent. Building-mounted lighting shall be ed to highlight the architectural features of the building and shall not completely light up the entire facade of the building.
      2.   Building-mounted lighting may be used only to highlight specific architectural features or primary customer or building entrances. General floodlighting of building facades is not permitted.
      3.   Building-mounted neon or LED lighting is allowed only when recessed or contained in an opaque cap or architectural reveal.
   J.   Pedestrian Accommodations:
      1.   Walkways. Walkways shall directly connect each front door or entrance with surrounding sidewalks, walkways, or paths. In the Entertainment District, a sidewalk shall have a minimum width of ten (10) feet when directly adjacent to a public roadway and five (5) feet elsewhere. All properties and tenant spaces shall provide a means of ADA access between the storefront and to the public sidewalk network and/or parking fields where applicable.
      2.   Crosswalks. Pedestrian crossing zones shall be highlighted by the use of white traffic marking paint to delineate the crossing path. The area may be striped in, linearly with the crossing, or in boxes as 'continental stripping'. To shorten the crossing distances for pedestrians, and protect on-street parking, bump outs should be utilized to extend the sidewalk area and narrow the roadway.
   K.   Landscaping:
      1.   Intent. The intent of this section is to provide greenery to visually soften paved areas and buildings; to establish optimum environmental conditions by providing shade, air purification, oxygen regeneration, utilization of groundwater, retardation of stormwater runoff, and abatement of noise, glare and heat; to ensure the replenishment of the local stock of native trees by utilizing plant materials that are generally native or hearty to the region; to preserve existing trees; to screen certain unsightly equipment or materials from the view of persons on public streets or adjoining properties; and to buffer uncomplimentary land uses and generally enhance the quality and appearance of developed properties within the city.
      2.   General Requirements. All land area which are to be unpaved or not covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate ground cover. In addition to the minimum number of trees required to be planted by this section, an appropriate number or amount of shrubs, ground cover and/or turf area plantings shall be included within each project. Street trees are required along all streets and roadways. Street trees provide continuous shade as well as a physical and visual barrier between pedestrians on the sidewalk and vehicles in the roadway. For the purpose of this standards, alleyways and service drives shall not be considered a street or roadway.
      3.   Minimum Tree Requirements. Each parcel or development shall provide a minimum of one tree per forty (40) feet of public or private street frontage. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within the public right-of-way, street trees shall be planted on the private lots along the right-of-way.
      4.   Minimum Planting Requirements shall be as follows:
         (a)   Medium and large deciduous shade trees - two (2) inch caliper as measured six (6) inches above ground.
         (b)   Small deciduous or ornamental trees - six (6) feet in height.
         (c)   Conifers - five (5) to six (6) feet in height.
         (d)   Upright evergreen trees - four (4) feet in height.
         (e)   The size of deciduous and conifer shrubs, including spreader and globe tree forms, shall be determined by the applicant.
         (f)   Ground cover plants, whether in the form of crowns, plugs or containers, shall be planted in a number as appropriate by species to provide fifty (50) percent surface coverage after two growing seasons.
   L.   Screening Requirements. Plans for all residential projects containing multifamily dwellings, all non-residential projects, and all commercial projects shall provide screening of utility units by use of landscaping or architectural elements.
      1.   Trash containers, trash compactors, roll-off recycling containers, and groupings of three or more recycling containers and/or recycling containers larger than ten (10) cubic yards shall be screened from public view on all four sides with a solid wall constructed of masonry and a gate constructed of compatible, durable, low-maintenance materials, and shall be appropriately landscaped.
      2.   All rooftop equipment shall be screened from public view with an architectural treatment which is compatible with the building architecture.
      3.   For purposes of this section, the phrase "screened from public view" means not visible from any adjoining properties or any street right-of-way. (Ord. 2022-2, 1-4-2022)

10-20-10: ILLUSTRATIONS:

Illustrations of the design standards and the dimensional standards contained within this chapter are reflected in the Figures 3 and 4, below:
   Figure 3: Application of Dimensional and Building Standards
 
   Figure 4: Application of Dimensional and Building Standards
 
(Ord. 2022-2, 1-4-2022)

10-20-11: SUPPLEMENTAL NATURE:

   A.   The Entertainment District Overlay Zone supplements but does not replace the base zoning of the property within the Entertainment District's boundaries. In the case of a conflict between the provisions of the Entertainment District Overlay Zone's standards and those of the base zoning or any other zoning regulation, the Entertainment District Overlay Zone's provisions shall prevail.
   B.   Exception. The standards and restrictions contained within Sections 10-20-5 through 10-20-10 of this chapter shall not apply to properties within the Entertainment District which are zoned R-1 Single Family Residential." (Ord. 2022-2, 1-4-2022; amd. Ord. 2022-8, 6-21-2022)

10-20-12: ZONING MAP AMENDED:

The Official Zoning Map for the city is hereby amended to reflect the adoption of the Entertainment District Overlay Zone.
(Ord. 2022-2, 1-4-2022)