Tijeras City Zoning Code

All structures shall be located on lots to provide safe and convenient access for servicing, fire protection and any required off-street parking or loading.

(Ord. No. 240, § 1, 12-4-2023)

Regardless of any of the provisions of this chapter, all lots and all structures located thereon shall be in compliance with the regulations established by articles III and IV of chapter 24, the Wellhead Protection Plan, and those of the state environment department of the state engineer's office, and any other laws or regulations concerning water and wastewater facilities.

(Ord. No. 240, § 1, 12-4-2023)

All persons owning or occupying lands within the village shall be responsible for the sanitary conditions of their premises. No person shall permit or cause the accumulation of refuse or solid waste or salvage materials, which may become hazardous to public health or safety, or which obstructs traffic, drainage, or access to structures.

(Ord. No. 240, § 1, 12-4-2023)

The planning and zoning commission and village council through discussion with the mayor/staff shall have the right to use and hire any professional services necessary to protect the interests of the village. Issues that may require professional services include but are not limited to floodplains, cell towers and steep slopes. The property owner shall absorb the expenses of these services as approved by the planning and zoning commission or village council.

(Ord. No. 240, § 1, 12-4-2023)

Any development requiring the use of underground storage tanks or any other facilities that may contaminate or pollute the water or air shall meet the minimum standards of all federal and state environmental laws and regulations such underground storage tanks or other such facilities, including buildings shall not be located within 100 feet from the center of an arroyo, acequia, water well, or any other waterway.

(Ord. No. 240, § 1, 12-4-2023)

No overhead water storage tanks shall be allowed in the Residential Zone 1 (R-1) and Residential Zone 2 (R-2). See the Village of Tijeras Water Ordinance (chapter 24, article III).

(Ord. No. 240, § 1, 12-4-2023)

Fire suppression must be consistent with current International Fire Code regulations.

(Ord. No. 240, § 1, 12-4-2023)

Seasonal vendors may not operate in the public right-of-way, but may operate on private property in all zones, given the following provisions are met:

(1)

The landowner must give written consent for the seasonal vendor to operate on their land.

(2)

The seasonal vendor must provide the village with copies of its permits.

(3)

Seasonal vendors that conduct sales in the village on more than four occasions in a calendar year must obtain a business registration. For the purposes of this section, a seasonal vendor operating on two consecutive days (e.g., over a weekend) is considered one occasion.

(4)

Seasonal vendors engaged in the sale of food or drink shall not operate within 75 feet of a brick-and-mortar restaurant during the restaurant's hours of operation.

(Ord. No. 240, § 1, 12-4-2023)

No overnight vendors shall be allowed. If a property owner does not collect rental fees, then the village will charge a business registration fee. No vendors shall be allowed in the highway rights-of-way, and they must not obstruct traffic. Yard sales are not subject to these conditions.

(Ord. No. 240, § 1, 12-4-2023)

Inoperable vehicles, vehicle bodies, parts, or salvage materials are not to be in view of adjoining properties, commercial areas or public roadways. Any such inoperable vehicles shall be removed, enclosed in a building or solid fence or other means that hide the inoperable vehicle from view. Any property owner upon whose property an inoperable vehicle is located and who fails to comply with the provisions of this division shall, upon 30 days written notice by the village to remove, be deemed to have consented to entry and removal by the village at the property owner's expense.

(Ord. No. 240, § 1, 12-4-2023)

No building shall exceed 26 feet in height. Building height limitations shall not apply to chimneys, noncommercial antennas or flagpoles. All water tanks, windmills, commercial antennas, spires, and other objects exceeding 26 feet above finished ground level shall require approval of a height variance. Telephone and electrical utility poles are exempt.

(Ord. No. 240, § 1, 12-4-2023)

Private solar systems, whether installed on the ground or mounted on the roof of a structure, may not exceed five feet in height, measured from the base of the system to its highest point. Any private solar system exceeding five feet in height shall require approval of a height variance.

(Ord. No. 240, § 1, 12-4-2023)

(a)

In the Residential Zone 1 (R-1) and Residential Zone 2 (R-2), each lot shall not have more than one sign which shall not exceed ten square feet of sign face.

(b)

No signs in the Residential Zone 1 (R-1) and Residential Zone 2 (R-2) shall be illuminated except home physical address numbers.

(c)

Signs shall not exceed eight feet in height if freestanding and shall not extend above the highest point of a building when attached to that building.

(d)

Temporary signs, such as political, yard sale, or sale/lease signs shall not exceed five square feet of sign face for each premises in this zone. These signs may be erected no earlier than 60 days before an event and shall be removed within ten days after the event.

(Ord. No. 240, § 1, 12-4-2023)

(a)

In the Commercial Business Zone 1 (CB-1), Large Commercial Zone 2 (CB-2), Government/ Institutional Zone (G/I), and Special Use Zone (S-U), signs must be located on private property and may advertise, identify, or direct to a use currently conducted on the same premises.

(b)

All signs shall be reviewed and approved by the planning and zoning commission prior to installation.

(c)

Directory or multiple business signs which advertise a variety of establishments at the entrance of a strip mall are encouraged.

(1)

Private property entrance signs (including multiple business signs described above) shall not exceed 16 feet in height or a sign area of 50 square feet (back-to-back) for each business. Entrance signs should be back-to-back with an opposite directional view for maximum effect.

(2)

Identifying signs attached to the place of business shall not exceed 24 square feet of sign area and shall not extend more than five feet above the highest point of the building.

(3)

No sign in any zone shall be permitted with flashing, blinking or intermittent lights and no sign shall interfere with traffic safety. Electronic signs are not permitted, unless deemed necessary for road safety.

(4)

Temporary signs shall not exceed ten square feet and may be erected no earlier than 60 days before an event and shall be removed within ten days after the event.

(5)

No temporary signs shall be placed on village property.

(6)

No billboards shall be allowed.

(Ord. No. 240, § 1, 12-4-2023)

(a)

Banners shall be authorized for any business.

(b)

The banner shall not exceed 40 square feet.

(c)

No business shall have more than one banner (two back-to-back is one banner).

(d)

A seasonal/announcement banner is a temporary sign which can be changed throughout the year. A banner can be replaced with similar wording and identical size as previously approved by the commission as the banner becomes ragged or faded.

(e)

The planning and zoning commission will review and approve banners every three years.

(Ord. No. 240, § 1, 12-4-2023)

Outdoor light fixtures in the village shall comply with the following:

(1)

All outdoor lighting fixtures shall be shielded, except incandescent fixtures of 2,250 lumens or less and other sources of 1,050 lumens or less.

(2)

All outdoor lighting fixtures shall be shielded and focused downward.

(3)

Outdoor light fixtures shall be limited to 20 feet in height.

(4)

Any outdoor lighting used for security, landscape or building illumination, or area illumination shall be additionally shielded in such a manner as to confine emitted light within the boundary of the property from which it originated.

(5)

No outdoor recreational facility, whether private or public, shall be illuminated after 10:00 p.m. except to conclude any recreational or sporting event or other activity, which is in progress prior to 10:00 p.m. at a ballpark, arena or similar facility.

(6)

Outdoor lighting fixtures which are necessary for worker safety are exempt from these provisions.

(7)

Outdoor lighting fixtures not meeting these provisions shall be allowed if the fixture is extinguished by an automatic shutoff device between the hours of 10:00 p.m. and sunrise. This does not include streetlights.

(Ord. No. 240, § 1, 12-4-2023)

All new developments and property subdivisions within the village requiring direct access to a state or federal highway shall be coordinated with the NMDOT District Three, prior to the approval of any action related to the change in property zoning/use.

(Ord. No. 240, § 1, 12-4-2023)

(a)

Property owners must receive authorization for access from their properties to NM 333 (Old 66), NM 14 and NM 337 (Old South 14). Authorization shall be obtained from the NMDOT District Three. The owner shall obtain a signed access permit from the NMDOT before final approval of the development is granted. All properties that have direct access onto the state highway must have an approved driveway permit.

(b)

Access from the state roadway shall be in compliance with the state's access management manual. For single home residential properties, the owner may obtain access by filling out a driveway permit. Residents that have reasonable access from a side street may be denied access to the state road.

(c)

Property owners will be required to communicate with the district traffic engineer to determine requirements associated with the requested access. The district traffic engineer shall make the final determination regarding the need for a traffic study.

(Ord. No. 240, § 1, 12-4-2023)

The clerk or their designee may approve a home business permit if the application meets the following requirements:

(1)

Exterior storage of materials and equipment required for the home business shall be permitted, provided that no nuisances result from the storage thereof.

(2)

There shall be no change in the exterior appearance of the building or premises, or any visible evidence of a home occupation other than:

a.

Activities normally associated with a permissive use of the residence; and

b.

An appropriate sign as regulated by the signage regulations section of this chapter.

(3)

No more than 25 percent of the dwelling's floor areas shall be devoted to the home business.

(4)

There shall be no sales of goods or services from the home which would generate greater traffic volume than would be created in a residential neighborhood.

(5)

Any parking needs generated by the conduct of the home business shall be met using the parking supplied by the residence.

(6)

No person or entity shall engage in a home business or occupation of any kind within the village limits without a current business registration, issued by the village manager/clerk.

(Ord. No. 240, § 1, 12-4-2023)

Unless otherwise stated, the following general provisions apply to short-term rental units:

(1)

The maximum number of active short-term rental permits allowed in the village at any given time shall be limited to 30.

(2)

No dwelling unit shall be rented for more than 225 cumulative days in one calendar year as a short-term rental.

(3)

Two directly adjoining short-term rentals may not operate concurrently on a residential street. For the purposes of this subsection, "directly adjoining" means sharing a common boundary along a public street frontage, as well as adjoining units in a multi-family dwelling.

(4)

Off-street parking shall be provided per section 26-795.

(5)

Short-term rental units shall be used exclusively for residential purposes and shall not be used for commercial activities or events, defined as intending to make money, offering goods or services for sale, or in any other event or activity that is not residential in nature.

Nothing contained within this chapter shall be construed to abridge the ability of bona fide neighborhood covenants and/or deed restrictions to be more restrictive than the regulations contained within this section. Such covenants and deed restrictions shall not be enforced by the village but remain the responsibility of property owners to ensure compliance within the applicable neighborhood.

(Ord. No. 240, § 1, 12-4-2023)

The following provisions shall apply to any owner and/or operator of a property used for a short-term rental:

(1)

The owner/operator shall obtain a short-term rental permit and business registration for their property prior to listing as a short-term rental.

(2)

The owner/operator shall pay all applicable local, state and federal taxes, including lodgers' tax, gross receipts tax and income taxes.

(3)

Should the owner/operator fail to pay all applicable taxes, the owner/operator shall be subject to penalties pursuant to section 26-6.

(4)

The owner/operator shall make available to the village for its inspection all records relating to the operation of the short-term rental unit to determine compliance with this chapter.

(5)

The owner shall maintain adequate short-term rental insurance coverage for the short-term rental unit.

(6)

The owner/operator shall make the following information clearly visible and legible within the short-term rental unit, on or adjacent to the interior of the front door, or within the informational material provided to renters:

a.

A copy of the short-term rental permit.

b.

A copy of the business registration.

c.

The name of the owner of the unit, or local contact person, managing agency, agent or property manager as appropriate and a telephone number at which that party can be reached on a 24 hour per day, seven day per week basis.

d.

A notification that it is the renter's responsibility to comply with the laws of the state of New Mexico and the ordinances of the village.

(7)

Except in accordance with section 26-682, the owner/operator is prohibited from posting any exterior signage advertising the availability of the property.

(8)

Upon the transfer of ownership of a short-term rental unit, the short-term rental permit and business registration shall terminate. If the new owner wishes to use the property as a short-term rental unit, a new application shall be submitted to the village.

(Ord. No. 240, § 1, 12-4-2023)

(1)

Renters shall park only in designated areas supplied on the short-term rental property.

(2)

Noise or other disturbance outside the short-term rental unit shall be limited between the hours of 10:00 p.m. and 6:00 a.m. so as to minimize the impact to nearby residences.

(3)

All renters shall be informed in writing by the owner/operator of the short-term rental that they shall comply with the ordinances of the village.

(Ord. No. 240, § 1, 12-4-2023)

Each short-term rental unit operating within the village requires a valid short-term rental permit and the owner must pay the associated fee in an amount on file in the village offices. If a single property owner owns and operates more than one property as a short-term rental, a separate permit is required for each short-term rental unit. Each short-term rental permit must be renewed annually on or before June 1. Any owner or operator of a short-term rental unit who fails to renew their short-term rental permit by 5:00 p.m. on June 1 shall be subject to a late fee of $50.00. Permits not renewed by June 30 shall expire.

An application for a short-term rental permit shall include the following:

(1)

A completed application form, to include the name and telephone number of an individual who is available 24 hours per day, seven days per week to respond to complaints regarding the operation or occupancy of the short-term rental unit.

(2)

A statement signed by the owner/operator of the short-term rental unit stating that the short-term rental unit shall be operated in compliance with this and all other applicable sections of the village code.

(3)

A copy of the certificate of occupancy.

(4)

Proof of all required permits and/or inspections, as well as proof of adequate insurance coverage for the short-term rental unit.

(Ord. No. 240, § 1, 12-4-2023)

(1)

The village shall document all alleged violations of this division and provide the owner/operator of a short-term rental with a written notice of the violation by certified mail, return receipt requested.

(2)

The owner/operator shall correct the violation within 45 days or be subject to penalties as described in section 26-6.

(Ord. No. 240, § 1, 12-4-2023)

The village council may approve an application to construct a detached accessory dwelling unit, commonly known as a "casita," given the following conditions are met:

(1)

The detached accessory dwelling unit may not exceed a total footprint of 1,000 square feet and the heated square footage of the detached accessory dwelling unit may not exceed 750 square feet.

(2)

The highest point of the detached accessory dwelling unit must be lower than that of the primary dwelling. Additionally, the distance between the nearest two points of the detached accessory dwelling unit and the primary dwelling must be at least 20 feet.

(3)

A detached accessory dwelling unit located in a particular zone is subject to the minimum setback requirements of that zone district.

(Ord. No. 240, § 1, 12-4-2023)

The following provisions shall apply to all multi-family dwelling units in the village:

(1)

Density for multi-family dwelling units shall not exceed eight units per one acre.

(2)

The design and construction of septic tanks for multi-family dwelling units shall comply with the design and construction standards set forth in the wastewater ordinances adopted by the New Mexico Environmental Improvement Board or incorporated in those ordinances by reference.

(Ord. No. 240, § 1, 12-4-2023)

The following provisions shall apply to the cultivation of cannabis plants and the operation of cannabis establishments or cannabis consumption areas in the village:

(1)

Private cultivation of cannabis plants shall be limited to 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.).

(2)

Cannabis establishments and cannabis consumption areas shall comply with the regulations set forth in the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et seq.).

(3)

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. 240, § 1, 12-4-2023)