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Tijeras City Zoning Code

ARTICLE IV

- ZONES AND REGULATIONS

Sec. 26-355. - Provisions applicable to all zones.

In order to carry out the provisions of this chapter, the village is hereby divided into the following zones:

(1)

Residential Zone 1 (R-1).

(2)

Residential Zone 2 (R-2).

(3)

Commercial Business Zone 1 (CB-1).

(4)

Large Commercial Zone 2 (CB-2).

(5)

Industrial/Manufacturing/Service Zone 1 (I/M-3).

(6)

Government/Institutional Zone (G/I).

(7)

Special Use Zone (S-U).

(Ord. No. 190, § III(A), 8-10-2020)

Sec. 26-356. - Zoning map.

The boundaries of zones are shown on the village zone map, which is hereby adopted per the regulations set forth in this chapter. The zoning map shall be maintained by the village manager/clerk and shall be made available for public reference.

(Ord. No. 190, § III(B), 8-10-2020)

Sec. 26-386. - Intent and purpose.

The intent of this Residential Zone 1 (R-1) is to provide for the development of single-family homes of mixed construction, including conventional housing, modular or prefabricated dwelling units, tiny homes and mobile homes. Certain other uses specified in this section are allowed, provided they are compatible with the development of the neighborhood. Density shall not exceed one dwelling unit per minimum one-acre lot. This zone does not allow for the occupation of a travel trailer as a single-family home.

(Ord. No. 190, § IV(A(intro. ¶)), 8-10-2020)

Sec. 26-387. - Mobile home installation.

Mobile homes shall meet Residential Zone 1 (R-1) setback requirements. Mobile homes shall be limited to residential use only, unless otherwise provided in this chapter. Within 30 days following occupancy, mobile homes shall be connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the Manufactured Housing Act of the state.

(Ord. No. 190, § IV(A(1)), 8-10-2020)

Sec. 26-388. - Permissive uses.

Any of the following uses are permissible in this Residential Zone 1 (R-1):

(1)

Accessory buildings, structures, or uses customarily incidental to the uses allowed in this zone, not exceeding 100 square feet.

(2)

Home businesses.

(3)

Public utility services, but not including a power generation plant.

(4)

Single-family dwelling unit including mobile homes and tiny homes, one per lot. Tiny homes must be ground set.

(5)

Cultivation of up to six mature and six immature cannabis plants for personal use in accordance with the provisions of the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.).

(Ord. No. 190, § IV(A(2)), 8-10-2020; Ord. No. 210, § 1, 8-23-2021)

Sec. 26-389. - Conditional uses.

The following uses may be allowed in this Residential Zone 1 (R-1) only upon permit granted by the village council after planning and zoning commission review and recommendation in accordance with this chapter:

(1)

Boardinghouse, roominghouse, or lodginghouse.

(2)

Churches and incidental facilities.

(3)

Family day care home as regulated by the state department of health.

(4)

Library, museum or art gallery.

(5)

Public and private schools.

(6)

Recreational facilities.

(7)

Temporary real estate, caretaker or storage structures and contractor yards incidental to a specific construction project but not to exceed one year in duration unless the planning and zoning commission has approved an extension of the application.

(Ord. No. 190, § IV(A(3)), 8-10-2020)

Sec. 26-390. - Lot size.

The minimum lot size for this Residential Zone 1 (R-1) shall be one acre.

(Ord. No. 190, § IV(A(4)), 8-10-2020)

Sec. 26-391. - Setback requirements.

The minimum setback requirements for this Residential Zone 1 (R-1) are as follows:

FrontRearSide
20 feet 15 feet 10 feet

 

(Ord. No. 190, § IV(A(5)), 8-10-2020)

Sec. 26-411. - Intent.

The intent of this Residential Zone 2 (R-2) is to provide for low-density housing development in areas remote from available public services or situated in rugged terrain. This zone allows single-family homes of mixed construction, including conventional housing, modular or prefabricated dwelling units, and mobile homes. Certain other uses specified in this division are allowed, provided that they are compatible with the development of the neighborhood. Density shall not exceed one dwelling unit per minimum two-acre lot. This zone does not allow for the occupation of a travel trailer as a single-family home.

(Ord. No. 190, § IV(B(intro. ¶)), 8-10-2020)

Sec. 26-412. - Mobile home installation.

Mobile homes shall meet Residential Zone 1 (R-1) setback requirements. Mobile homes shall be limited to residential use only, unless otherwise provided in this chapter. Within 30 days following occupancy, mobile homes shall be connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the Manufactured Housing Act of the state.

(Ord. No. 190, § IV(B(1)), 8-10-2020)

Sec. 26-413. - Permissive uses.

Any of the following are permissive uses in this Residential Zone 2 (R-2):

(1)

One single-family dwelling or unit or one mobile home per lot.

(2)

Accessory buildings, structures, or uses customarily incidental to the uses allowed in this zone, not exceeding 100 square feet.

(3)

Public utility services, but not including a power generation plant.

(4)

Home business.

(5)

Cultivation of up to six mature and six immature cannabis plants for personal use in accordance with the provisions of the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.).

(Ord. No. 190, § IV(B(2)), 8-10-2020; Ord. No. 210, § 2, 8-23-2021)

Sec. 26-414. - Conditional uses.

The following uses may be allowed in this Residential Zone 2 (R-2) only upon permit granted by the village council after the planning and zoning commission's review and recommendation in accordance with this chapter:

(1)

Public and private schools.

(2)

Churches and incidental facilities.

(3)

Recreational facilities.

(4)

Family daycare home as regulated by the state department of health.

(5)

Temporary real estate offices, caretaker or storage structures and contractor yards incidental to a specific construction project but not to exceed one year in duration unless the commission and council have approved an extension of the application.

(6)

Boardinghouse, roominghouse, or lodginghouse.

(7)

Non-commercial library, museum or art gallery.

(Ord. No. 190, § IV(B(3)), 8-10-2020)

Sec. 26-415. - Lot size; setback requirements.

(a)

The minimum lot size for this Residential Zone 2 (R-2) shall be two acres.

(b)

The minimum setback requirements for this Residential Zone 2 (R-2) are as follows:

FrontRearSide
30 feet 20 feet 15 feet

 

(Ord. No. 190, § IV(B(4)), 8-10-2020)

Sec. 26-444. - Applicability.

The provisions in this division apply to all commercial, industrial and government/institutional zones.

(Ord. No. 190, § IV(C(intro. ¶)), 8-10-2020)

Sec. 26-445. - General preservation; compliance.

All commercial, industrial, and government/institutional development shall preserve the natural landscape, and open space shall be used to retain the rural character assuring that commercial development will compliment, not harm the natural beauty of the village.

(Ord. No. 190, § IV(C(1)), 8-10-2020)

Sec. 26-446. - Compatibility of property uses.

All commercial, industrial, and government/institutional development shall assure that compatibility of property uses shall be maintained in the general area.

(Ord. No. 190, § IV(C(2)), 8-10-2020)

Sec. 26-447. - Preservation of land character and integrity.

All commercial, industrial, and government/institutional development shall preserve the integrity and character of the land on which the uses will be located and the utility, character and value of property in all adjacent zones.

(Ord. No. 190, § IV(C(3)), 8-10-2020)

Sec. 26-448. - Zoning areas not to become a detriment.

All commercial, industrial, and government/institutional development shall assure that these zoning areas will not become a detriment to the municipal water supply, traffic safety, or general welfare of the village.

(Ord. No. 190, § IV(C(4)), 8-10-2020)

Sec. 26-449. - Inclusion of traffic impact analysis.

Any commercial, industrial, or government/institutional zone site development proposal containing 10,000 square feet of floor space or more shall include a traffic impact analysis to be generated by the development and its effect on the surrounding street system. If access to state or federal highways is planned NMDOT District Three Office must approve that access.

(Ord. No. 190, § IV(C(5)), 8-10-2020)

Sec. 26-467. - Intent.

The intent of the Commercial Business Zone 1 (CB-1) is to provide for those commercial and business uses which serve the community on a day-to-day basis, including retail, financial, and business services, in such a manner as to harmonize with the rural residential nature of the community, minimizing lighting, visual and audible distractions to create an overall esthetically pleasing environment.

(Ord. No. 190, § IV(D(intro. ¶)), 8-10-2020)

Sec. 26-468. - Minimum lot size.

The minimum lot size in this Commercial Business Zone 1 (CB-1) is one acre.

(Ord. No. 190, § IV(D(intro. ¶)), 8-10-2020)

Sec. 26-469. - Permissive uses.

Any of the following uses are permissible in the Commercial Business Zone 1 (CB-1) district:

(1)

One single-family unit per lot.

(2)

Professional offices (e.g., insurance agencies, law offices, CPA firms/tax preparers).

(3)

Banking services.

(Ord. No. 190, § IV(D(1)), 8-10-2020)

Sec. 26-470. - Conditional uses.

The following uses may be allowed in the Commercial Business Zone 1 (CB-1) only upon permit granted by the village council after the planning and zoning commission's review and recommendation in accordance with this chapter:

(1)

Home business.

(2)

Public and private schools.

(3)

Churches and incidental facilities.

(4)

Recreational facilities.

(5)

Small (less than 1,000 square feet) eating and drinking establishments.

(6)

Small (less than 1,000 square feet) urgent care facilities.

(7)

Family day care home as regulated the state department of health.

(8)

Temporary real estate, caretaker or storage structures and contractor yards incidental to a specific construction project but not to exceed one year in duration unless the council has approved an extension of the application.

(9)

Non-commercial library, museum, or art gallery.

(10)

Public utility service, not including a power generation plant and other public services (e.g., libraries).

(11)

Retail business establishments except for gas, fuel, pumping services and/or other potential hazardous/flammable materials.

(12)

Business services (e.g., nail and hair salons).

(13)

Seasonal sales.

(14)

Financial services.

(15)

Cannabis establishments and cannabis consumption areas as regulated by the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.), provided that no cannabis establishment or cannabis consumption area shall be permitted within 300 feet of any school or daycare facility. For the purposes of this division, all measurements taken in order to determine the location of licensed premises in relation to schools or daycare facilities shall be the straight-line distance from the licensed premises to the property line of the school or daycare facility.

(Ord. No. 190, § IV(D(2)), 8-10-2020; Ord. No. 210, § 3, 8-23-2021)

Sec. 26-471. - Development plan requirements.

All commercial development plans shall include a written description of the project and detailed architectural drawings depicting all structures to be constructed, storage and parking areas. The development plan shall include an estimate of the anticipated water usage during construction and when the project is in operation. In addition, the following requirements apply to all commercial developments:

(1)

All outside storage and refuse collection areas shall be screened from public view to the greatest extent possible.

(2)

A minimum ten-foot-wide landscaped area shall be contiguous to all property lines along any adjacent residential zoned lands. A solid six-foot fence and/or barrier shall be used to establish a visual screen.

(3)

The exterior lighting of all buildings, structures, and surrounding grounds shall provide illumination for safety purposes, and shall be placed and screened to the extent possible such that it does not shine directly or reflect into or on any adjoining residential properties right-of-way.

(4)

The site and plan design should be in harmony with the small village character of the area and should minimize visual distractions.

(5)

An approved site development plan may be voided for any of the following reasons:

a.

Either the developer or other evidence indicates that significant changes have been made to the approved plan; or

b.

A building permit was not obtained within one year following the date of the approval of the site development plan.

(6)

If an approved site development plan becomes void, the conditional use permit for the site shall be terminated.

(7)

Said developments shall not destroy the rural residential character of the village nor shall they affect the community water system, sewer system, fire protection systems, and any other infrastructures must be adequate to serve the development.

(Ord. No. 190, § IV(D(3)), 8-10-2020)

Sec. 26-496. - Intent.

The intent of the Large Commercial Zone 2 (CB-2) is to provide for those larger commercial, retail and business development uses which may potentially produce traffic of 100 vehicles or more per day, which serve the community on a day to day basis, including retail, financial and personal services, in such a manner as to be in harmony with the rural, residential character of the community, minimizing lighting, visual and audible distractions to create an overall esthetically pleasing environment.

(Ord. No. 190, § IV(E(intro. ¶)), 8-10-2020)

Sec. 26-497. - Minimum lot sizes.

Minimum lot sizes shall be determined by the village council upon recommendation of the planning and zoning commission.

(Ord. No. 190, § IV(E(intro. ¶)), 8-10-2020)

Sec. 26-498. - Permissive uses.

In order to safeguard the rural residential nature of the community and preserve limited natural resources, there shall be no permissive uses in this zone.

(Ord. No. 190, § IV(E(1)), 8-10-2020)

Sec. 26-499. - Conditional uses.

The following uses may be allowed in the Large Commercial Zone 2 (CB-2) only upon approval granted by the council after the planning and zoning commission's review and recommendation in accordance with this chapter:

(1)

Retail business establishments.

(2)

General and professional offices.

(3)

Business and personal services.

(4)

Banking and financial services.

(5)

Public and private schools.

(6)

Churches and incidental facilities.

(7)

Non-profit recreational facilities.

(8)

Temporary real estate, caretaker or storage structures and contractor yards incidental to specific construction project but not to exceed one year in duration unless the council has approved an extension of the application.

(9)

Non-commercial library, museum or art gallery.

(10)

Lodging (hotels, motel bed and breakfast, or similar business) provided there is adequate community water and sewer systems to serve the development.

(11)

Eating and drinking establishments.

(12)

Urgent care facility, medical clinic, hospital and convalescent or nursing homes.

(13)

Clubs and places of assembly when conducted completely within enclosed buildings.

(14)

Gas/fuel pumping services which shall meet all state and federal regulations and comply with the state environmental department.

(15)

Cannabis establishments and cannabis consumption areas as regulated by the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.), provided that no cannabis establishment or cannabis consumption area shall be permitted within 300 feet of any school or daycare facility. For the purposes of this division, all measurements taken in order to determine the location of licensed premises in relation to schools or daycare facilities shall be the straight-line distance from the licensed premises to the property line of the school or daycare facility.

(Ord. No. 190, § IV(E(2)), 8-10-2020; Ord. No. 210, § 1, 8-23-2021)

Sec. 26-500. - Large commercial development plans and requirements.

(a)

All commercial development plans shall include a written description of the project and detailed architectural drawings depicting all structures to be constructed, storage and parking areas.

(b)

The development plan shall include an estimate of the anticipated water usage during construction and when the project is in operation.

(c)

In addition, the following requirements shall apply to all commercial developments:

(1)

The site shall be located with direct access to a state or federal arterial highway. A minimum of two separate entrances and exits with direct access to a state or federal highway shall be provide for circulation and emergency vehicle access. Access to the highway must be approved by NMDOT District Three Offices.

(2)

All buildings must be placed at least 100 feet from any property lines of residential uses or residential zoned land unless physical characteristics such as topography warrant a lesser setback, which must be approved by council.

(3)

At least ten percent of the required off street parking area shall be landscaped and maintained in a clean and healthy condition.

(4)

All outdoor storage and refuse collection areas shall be screened from public view to the greatest extent possible.

(5)

A minimum ten-foot-wide landscaped area shall be contiguous to all property lines along any adjacent residential zoned lands. A solid six-foot fence and/or barrier shall be used in order to establish a visual screen.

(6)

The exterior lighting of all buildings, structures, and surrounding grounds shall provide illumination for safety purposes, and shall be placed and screened to the extent possible such that it does not shine directly or reflect on or onto any adjoining residential properties or public right-of-way.

(7)

The site and plan design should be in harmony with the small village character of the area and should minimize visual distractions.

(8)

Any site proposal for a development containing 10,000 square feet of floor space or more shall include a traffic impact analysis of traffic to be generated by the development and its effect on the surrounding street system.

(9)

An approved site development plan may be voided by the village council for one or both of the following reasons:

a.

Either the developer or other evidence indicates that significant changes have been made to the approved plan; or

b.

A building permit has not been obtained within one year following the date of the approval of the site development plan.

(10)

If an approved site development plan becomes void, the conditional use permit for the site shall be terminated.

(11)

A site development shall not exceed a total of 136,000 square feet of floor area.

(12)

On any site development, the largest individual business or retail trade use shall not exceed 20,000 square feet of the 136,000 total square feet making up the site development. No additional exterior storage facilities will be allowed on site.

(13)

Said developments shall not destroy the rural residential character of the village nor shall they affect the community water system, sewer system, fire protection systems, and any other infrastructures must be adequate to serve the development.

(Ord. No. 190, § IV(E(3)), 8-10-2020)

Sec. 26-524. - Intent.

The intent of the Industrial/Manufacturing/Service Zone 1 (I/M-3) is to provide for those commercial, industrial and manufacturing uses which serve the community on a day-to-day basis in such a manner as to harmonize with the rural residential nature of the community.

(Ord. No. 190, § IV(F(intro. ¶)), 8-10-2020)

Sec. 26-525. - Minimum lot size.

The minimum lot size in this Industrial/Manufacturing/Service Zone 1 (I/M-3) is one acre.

(Ord. No. 190, § IV(F(intro. ¶)), 8-10-2020)

Sec. 26-526. - Water use limits.

In order to safeguard a limited future water supply, the following limits shall apply to water use in this Industrial/Manufacturing/Service Zone 1 (I/M-3):

(1)

One-acre properties are limited to no more than 6,000 gallons per month, two-acre properties are limited to no more than 12,000 gallons per month, and five-acre properties are limited to no more than 30,000 gallons per month.

(2)

On properties larger than five acres, uses that require in excess of 50,500 gallons per month shall not be permitted.

(Ord. No. 190, § IV(F(intro. ¶)), 8-10-2020)

Sec. 26-527. - Permissive uses.

Any of the following uses are permissible in the Industrial/Manufacturing/Service Zone 1 (I/M-3):

(1)

One single-family dwelling unit per lot.

(2)

Professional offices (e.g., insurance agencies, law offices, CPA firms/tax preparers).

(3)

Banking services.

(Ord. No. 190, § IV(F(1)), 8-10-2020)

Sec. 26-528. - Conditional uses.

The following uses may be allowed in the Industrial/Manufacturing/Service Zone 1 (I/M-3) only upon permit granted by the village council after the planning and zoning commission's review and recommendation in accordance with this chapter:

(1)

Home businesses.

(2)

Public utility service, not including a power generation plant and other public services (e.g., libraries).

(3)

Retail business establishments except gas, fuel, pumping services and/or other potential hazardous/flammable materials.

(4)

Business services (e.g., nail and hair salons).

(5)

Seasonal sales.

(6)

Financial services.

(7)

Public and private schools.

(8)

Churches and incidental facilities.

(9)

Non-profit recreational facilities.

(10)

Family daycare home (five or more non-residents) as regulated by the state department of health.

(11)

Temporary real estate offices, caretaker or storage structures and contractor yards incidental to a specific construction project but not to exceed one year in duration unless the commission has approved an extension of the application.

(12)

Mobile home used as temporary nonresidential structure requiring a renewable one-year permit.

(13)

Non-commercial library, museum, or art gallery.

(14)

Clubs and places of assembly when conducted completely within enclosed buildings.

(15)

Motor vehicle services and commercial garages, provided that:

a.

Any repair work shall be conducted entirely within an enclosed building.

b.

A solid wall or fence at least six feet high is erected and maintained between the activity and a contiguous R-1 and R-2 zones.

c.

Outdoor storage of not more than five automobiles awaiting repair shall be permitted.

(16)

Construction contractors, waste removal services, and building trades, including storage enclosed on all sides by a solid wall or fence at least six feet high.

(17)

Annual firewood sales, provided:

a.

All outdoor storage is enclosed by a solid wall or fence at least six feet high.

b.

Wood shall not be stacked higher than six feet.

c.

Wood shall not be stored within 20 feet of any property line or within 20 feet of any building.

(18)

Motor vehicle sales (park and sell or similar business).

(19)

Motor vehicle washing services (including mobile service) must comply with all state and federal regulations.

(20)

Boarding or selling of animals.

(21)

Storage units.

(22)

Cannabis establishments and cannabis consumption areas as regulated by the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.), provided that no cannabis establishment or cannabis consumption area shall be permitted within 300 feet of any school or daycare facility. For the purposes of this division, all measurements taken in order to determine the location of licensed premises in relation to schools or daycare facilities shall be the straight-line distance from the licensed premises to the property line of the school or daycare facility.

(Ord. No. 190, § IV(F(2)), 8-10-2020; Ord. No. 210, § 5, 8-23-2021)

Sec. 26-529. - Development plan requirements.

(a)

All Industrial/Manufacturing/Service Zone 1 (I/M-3) development plans shall include a written description of the project and detailed architectural drawings depicting all structures to be constructed, storage and parking areas.

(b)

The development plan shall include an estimate of the anticipated water usage during construction and when the project is in operation.

(c)

In addition, the following requirements apply to all Industrial/Manufacturing/Service Zone 1 (I/M-3) developments:

(1)

All outside storage and refuse collection areas shall be screened from public view to the greatest extent possible.

(2)

A minimum ten-foot-wide landscaped area shall be contiguous to all property lines along any adjacent zoned lands. A solid six-foot fence and/or barrier shall be used in order to establish a visual screen.

(3)

The exterior lighting of all buildings, structures, and surrounding grounds shall provide illumination for safety purposes, and shall be placed and screened to the extent possible such that it does not shine directly or reflect into any adjoining residential properties or public right-of-way.

(4)

The site and plan design should be in harmony with the small village character of the area and should minimize visual distractions.

(5)

Any site proposal for a development containing 10,000 square feet of floor space or more shall include a traffic impact analysis of traffic to be generated by the development and its effect on the surrounding street system. If access to state or federal highways is planned, NMDOT District Three Office must approve that access.

(6)

An approved site development plan may be voided for any of the following reasons:

a.

Either the developer or other evidence indicates that significant changes have been made to the approved plan; or

b.

A state-issued building permit has not been obtained within one year following the date of approval of the site development plan.

(7)

If an approved site development plan becomes void, the conditional use permit for the site shall be terminated.

(8)

Said developments shall not destroy the rural residential character of the village nor shall they affect the community water system, sewer system, fire protection systems, and any other infrastructures must be adequate to serve the development.

(9)

Refer to supplementary regulations.

(Ord. No. 190, § IV(F(3)), 8-10-2020)

Sec. 26-552. - Intent.

This Government/Institutional Zone (G/I) is to be used for properties owned by the village and used for village purposes.

(Ord. No. 190, § IV(G(intro. ¶)), 8-10-2020)

Sec. 26-553. - Compliance.

Planning and development in the Government/Institutional Zone (G/I) shall comply with all elements of the Commercial Business Zone 1 (CB-1).

(Ord. No. 190, § IV(G(intro. ¶)), 8-10-2020)

Sec. 26-554. - Special use zone approval process.

Development in this Government/Institutional Zone (G/I) will follow the special use zone approval process.

(Ord. No. 190, § IV(G(intro. ¶)), 8-10-2020)

Sec. 26-555. - Lot size.

The minimum lot size for Government/Institutional Zone (G/I) shall be one acre.

(Ord. No. 190, § IV(G(1)), 8-10-2020)

Sec. 26-556. - Setback requirements.

The minimum setback requirements for Government/Institutional Zone (G/I) are as follows:

FrontRearSide
35 feet 20 feet 15 feet

 

(Ord. No. 190, § IV(G(2)), 8-10-2020)

Sec. 26-578. - Intent.

This Special Use Zone (S-U) provides for developments which require special consideration because of their magnitude, unusual nature, infrequent operations, questionable impact on surrounding property, or other such reason.

(Ord. No. 190, § IV(H(intro. ¶)), 8-10-2020)

Sec. 26-579. - Defined.

The boundaries of this Special Use Zone (S-U) shall be defined as needed on a case-by-case basis following the amendment procedures provided in this chapter.

(Ord. No. 190, § IV(H(intro. ¶)), 8-10-2020)

Sec. 26-580. - Special conditions.

Special conditions for the Special Use Zone (S-U) may be imposed by the village council following recommendation by the planning and zoning commission.

(Ord. No. 190, § IV(H(intro. ¶)), 8-10-2020)

Sec. 26-581. - Requirements for zone change.

The village council may not grant a zone change for establishment of a Special Use Zone (S-U) unless satisfactory provisions have been made:

(1)

To ensure that compatibility of property uses shall be maintained in the general area and that the proposed use is not in conflict with the development policies and other elements of the comprehensive plan for the village.

(2)

To preserve the integrity and character of the area in which the Special Use Zone (S-U) will be located, and the utility and value of property in the Special Use Zone (S-U) and in adjacent zone districts; and

(3)

To ensure that the Special Use Zone (S-U) will not become detrimental to the public health, safety, or general welfare of the village.

(Ord. No. 190, § IV(H(1)), 8-10-2020)

Sec. 26-582. - Special uses authorized.

A Special Use Zone (S-U) may be authorized and established only for uses designated by the village council, including, but not limited to:

(1)

Apartments, condominiums, and other multifamily dwellings provided there are no more than two dwelling units per structure on lots of adequate size to comply with the regulations and standards of the state environment department.

(2)

Automobile dismantling yard, or general salvage operation, provided that:

a.

All activities are conducted within an enclosed building or within an area enclosed on all sides by a solid wall or fence at least six feet high.

b.

Inoperative automobile bodies or salvage materials may not be stacked higher than the required surrounding wall.

c.

The site for such operation shall not exceed five acres.

(3)

Cemetery, mausoleum, or crematory, provided that the site shall contain at least two acres.

(4)

Cell towers (telecommunications).

(5)

Fuel storage wholesalers (gasoline, liquefied petroleum), provided that all storage tanks shall not be within 500 feet of any lot in residential use, arroyo, surface water or public access building, and provided that sufficient blast, explosion, or fire-confinement structures are installed in accordance with appropriate national standards.

(6)

Government facilities for general public use.

(7)

Hospital and convalescent or nursing homes.

(8)

Library, museum or art gallery (10,000 square feet or more).

(9)

Manufacturing, including warehousing and retailing and wholesaling operations, provided that the following requirements are met:

a.

The entire operation shall be no larger than 15 acres.

b.

Principal structures in this zone shall not be within 150 feet of any residential structures, except for resident watchman or caretaker facilities related to the principal use of the zone.

c.

All buildings on a site shall not cover an aggregate area of more than 60 percent of such site.

(10)

Medical clinic or urgent care facilities (10,000 square feet or more).

(11)

Mining, processing, or stockpiling of rock, sand, gravel, clay, or similar materials, provided that it complies with the following requirements for land rehabilitation:

a.

Backfilling shall be made with non-noxious and non-combustible materials.

b.

Peaks and depressions of the land resulting from the operation shall be reduced to a surface, which is in substantial conformity to the surrounding topography, and measures are taken to minimize erosion.

(12)

Propane and/or natural gas sales.

(13)

Public utility service, including a power generation plant.

(14)

Retail business establishments (10,000 square feet or more).

(Ord. No. 190, § IV(H(2)), 8-10-2020)

Sec. 26-583. - Removal of zones.

In the event that a use authorized as a Special Use Zone (S-U) is discontinued for 30 days, the Special Use Zone (S-U) shall be canceled and removed under the provisions for an amendment to change the zone map to reflect the removal of the Special Use Zone. The lot shall be rezoned to the prevailing zone district as determined by the village council following recommendation by the planning and zoning commission.

(Ord. No. 190, § IV(H(3)), 8-10-2020)