All lots, tracts, buildings and structures in the City shall be developed in accordance with this Article and other related provisions of this Code. All development standards of this Code shall apply to each lot, tract, or parcel independent of all other lots, tracts, or parcels.

* As permissible per Section 11-14-3 and 11-14-4.

* Not located within MHP

The following provisions shall apply to all development in a residential or transition District:

A.

SETBACK EXCEPTIONS:

1.

A minimum side yard setback of zero (0) feet in a residential District only, providing all the following requirements are met:

a.

The setbacks are authorized by the City Commission as part of an approved development.

b.

There shall be no less than ten (10) feet, including roof overhang, between structures, except approved condominium and townhouse developments with common wall construction.

c.

All zero (0) lot lines shall be on the same side of all lots in a development.

2.

The minimum setback distance shall be maintained for both front yards of a corner lot. A lesser setback for one front yard of a triple frontage lot shall be considered upon application for variance to the Planning and Zoning Commission.

3.

New dwellings may be erected as closed to a front property line as the average distance established by existing dwellings on that side of the block, provided the lots on the same side of the block are fifty (50) percent developed.

4.

An addition to a main dwelling shall be permitted as an extension of existing building lines, which have non-conforming setbacks. Setbacks for such addition shall be the same as the main dwelling.

5.

There shall be a minimum setback of one (1) foot for each foot in height of any building, other than a single or two family dwelling, abutting on R-1 or R-2 District.

B.

FRONT-YARD PARKING. Parking areas shall not cover over one-third (⅓) of any open area between the front of a dwelling and the front property line; except in cases of a cul-de-sac, two-thirds (⅔) of a front yard can be used; and on existing lots less than fifty (50) feet, a twenty (20) feet parking area is permitted. Townhouses and apartment lots may use three fourths (¾) of the front yard for parking.

C.

MINIMUM DISTANCE BETWEEN STRUCTURES. There shall be no less than ten (10) feet between buildings or structures located on the same lot, tract, or parcel.

D.

EASEMENT ENCROACHMENTS. There shall be no permanent structures located on easements without written approval of the City Commission.

The following provisions shall apply to all development in a commercial or manufacturing Districts:

A.

SETBACK EXCEPTION.

1.

A zero (0) foot side yard shall be permitted only when:

a.

A building on the abutting side is at least five (5) feet from the property line; or

b.

Both buildings share a common wall on the side property line; or

c.

When the abutting property is undeveloped. Otherwise, a five (5) foot setback is required.

2.

There shall be a minimum setback of one (1) foot for each foot in height of any building abutting a residential District. There shall be at least a minimum distance of thirty (30) feet maintained between any residential dwelling and any commercial or industrial structure.

B.

MINIMUM DISTANCE BETWEEN STRUCTURES. There shall be no less than ten (10) feet between buildings or structures located on the Same lot, tract, or parcel.

C.

PRIVATE STREETS. All non-dedicated streets or private drives shall be a minimum of twenty-four (24) feet In width.

The following provisions shall apply to all MHP's, MHS's, and RVP's:

A.

STANDARDS.

* Minimum Distances.

SETBACKS

* Unless otherwise approved by Special Use Permit

**Whichever is greater of minimum distance between MH and other structure or minimum side width shall govern.

B.

MANUFACTURED HOME PARK (MHP'S): MINIMUM DWELLING SIZE. Dwellings within HMP's may be manufactured homes (MH's), trailers, or recreational vehicles. There are no minimum dwelling area requirements for dwellings within MHP's.

C.

MANUFACTURED HOME SUBDIVISIONS (MHS'S): MINIMUM DWELLING SIZE. Dwellings within MHS's must meet or exceed the minimum area for Manufactured Housing (MH) units within the District in which the subdivision is located as stipulated in Article 11-14-2. Minimums for R-3 MH shall apply for manufactured homes located in MHS's in Districts for which no minimums are otherwise stated.

D.

PRIVATE STREETS. Non-dedicated streets or private drives within a MHP, MHS, or RVP shall be a minimum of twenty-four (24) feet in surface width not including curb and gutter if installed. Streets shall be surfaced with asphalt, double penetration chip seal, or other appropriate surface as approved by the City.

E.

EASEMENT ENCROACHMENTS. Structures, home spaces, or recreational vehicle spaces shall not be located within easements without written approval of the City Commission.

Unless left in its natural vegetative state, there shall be yard grass or other measures to control water or wind erosion on all previous areas of development and constructed lots, tracts or parcels.

A.

APPLICABILITY: DISTRICTS AND USES. The standards of this Section apply to all new and all re-development within the C-1 and M-1 Planning and Zoning Districts, to all manufactured home parks, manufactured home subdivisions, recreational vehicle parks, and to all special and conditional uses in other Districts.

B.

AREA TO BE LANDSCAPED. A minimum area equal to ten percent (10%) of the total parking area of the new development shall be landscaped.

C.

TYPES OF LANDSCAPING.

1.

Xeriscaping is a preferred design element in the City of Truth or Consequences.

2.

At least one-half (½) of plant materials in the landscaping shall be trees.

3.

Minimum requirements for tree plantings is one tree per four parking spaces.

4.

All plants shall be selected from the following lists or any other species recommended by the Sierra Soil and Water Conservation District, the Sierra County Cooperative Extension Service or the New Mexico State Forestry.

PLANT MATERIALS LISTS

D.

IRRIGATION SYSTEM. All landscaping required by this Code shall consists of an underground system with automatic or manual controls that include a reduced principle back-flow preventor, pipes, valves, and heads adequate to provide water to all plants within the landscaped area. The use of drip irrigation systems is preferred.

E.

INSTALLATION. The landscaping and irrigation system shall be installed, and the irrigation system functioning, before the issuance of a certificate of occupancy.

F.

MAINTENANCE. The owner of the landscaped property shall be responsible to maintain the landscaping in a healthy, clean, trimmed, weed and litter-free condition. Dead plants shall be replaced by the owner with new plants of the same type or an approved alternate type within thirty (30) days of the death of a plant or at the next season best supporting plant survival.

G.

ENFORCEMENT. The designated Zoning Official shall enforce this ordinance.

H.

LOCATION CRITERIA. At least one-half (½) of the total area required to be landscaped shall be located between the street curb and the principal structure(s). On corner lots, double frontage lots or triple frontage lots, at least one-fourth (¼) of the required landscape shall be located within each frontage. All new parking lots with more than one hundred (100) parking spaces shall contain at least one-quarter (¼) of the total required landscaping.

I.

SITE PLAN REQUIRED. A site plan showing all elements of the landscaping, including xeriscape elements, types of plants, irrigation system, and drainage control elements is required.

A.

SPIRES, BELFRIES, TOWERS, AND SIMILAR STRUCTURES. Such uses may be constructed in any District to a height ten (10) feet above that permitted by right for other structures.

B.

TELEVISION, RADIO, AND OTHER FREE STANDING TOWERS. Towers shall meet manufacturer's specifications and withstand a 75 mph wind. Towers must conform to New Mexico Building Code standards.

Drainage and grading and site plans shall be required for all developments over one (1) acre, for all development in the C-1 and M-1 Planning and Zoning Districts, and for all Special and Conditional Uses. The designated Zoning Administrator may require that the plans and associated information be prepared by a registered civil engineer.

On-site retention of all drainage created by a development is required.

A.

ELEMENTS OF A SITE PLAN. A site plan shall consist of a scale drawing done at a scale of not less than 1":100', and shall contain the following information:

1.

Location, arrangements and dimensions of all existing and proposed parking facilities, turning spaces, drives, aisles and landscaping;

2.

The name and location of all streets adjacent to the property, and all proposed points of ingress and egress;

3.

Size, location, and setbacks of all existing and proposed structures;

4.

Location of all proposed drainage structures;

5.

Location of all proposed signs;

6.

Location of all proposed exterior lighting;

7.

The location of existing watercourse(s) (if any) that conduct any intermittent or ephemeral flow.

All development in flood hazard areas as designated in the City of Truth or Consequences Special Flood Hazard Area Boundary Maps or as otherwise designated by the designated Zoning Administrator shall conform to the requirements for Flood Hazard Areas as stated in Section 4 of the Municipal Code. The designated Zoning Administrator shall require building pads and related construction to be raised or filled above the flooding danger level.

All new metal buildings in the C-1 and M-1 Planning and Zoning Districts shall have a facade or veneer consisting of a non-structural facing of brick, concrete, stone, tile, wood or lumber, plastic or other similar approved material on all sides of the structure that face a public street.

Propane and LP Gas tanks for the supply of fuel for residential and commercial establishments (not bulk plants, distribution plants or distribution points) can be no greater than 500 gallon capacity.

The Subdivision regulations for the City are found in a separate City Ordinance, fees for the processing of subdivisions and related issues shall be set by City Commission Resolution.

The City has an obligation to charge a fee for services to applicants who wish to process a request based on what this ordinance allows. If the City does not charge a fee to recover its costs for processing an application, it may be considered a gifting of public funds, which is disallowed by State law. The City Commission shall impose fees related to this Ordinance in a manner that will offset the cost of providing said service including but not limited to: research, person-hours, filing fees with the county clerk, mailing costs, printing, publishing, etc.