The purpose of this district is to provide for industrial uses in a planned development. Commercial uses are limited in size and in scope to those uses that serve the industrial businesses, their employees and visitors. Residential uses are not allowed under this designation, except to allow for caretaker living quarters for an on-site custodian or watchperson. The ideal development under this IPUD will be friendly to the environment by use of modern planning, architectural and engineering techniques meant to reduce air, water, ground and scenic contamination. The use of pedestrian friendly development is also encouraged and will be a standard used by the Planning and Zoning Commission and the City Commission in reviewing proposed projects. It is also the intent and purpose of this designation that through the use of a special use permit all adjacent property owners and citizens will participate in the planning process through public meetings. Further it is the expressed intent that development takes place in an orderly manner that includes the existing or potential uses of surrounding properties and all property under the proponent's control. In order to provide maximum flexibility in design and quality of development the City Commission may agree to proposed modifications in the requirements of the City's Zoning and Subdivision Regulations.

(Ord. No. 573, 8-28-07)

STANDARDS FOR INDUSTRIAL PLANNED UNIT DEVELOPMENT (IPUD) ZONE.

A.

Permit. The City Commission may grant (upon recommendation from the Planning and Zoning Commission) an Industrial Planned Unit Development District (IPUD) permit for such land in the IPUD zone that it finds meets the requirements of this ordinance. The City Commission may impose such additional conditions and requirements upon an IPUD as it finds are reasonable and necessary to carry out the purposes and requirements of this ordinance.

B.

General Requirements. The general requirements for the Industrial Planned Unit Development District are as follows:

1.

Application. An application for an IPUD permit (Special Use Permit—SUP) may be filed by the owner of the property or his/her authorized agent. Such application requests shall be filed with the Zoning Administrator. No application request shall be accepted for filing and processing unless it conforms to the requirements of the Comprehensive Planning and Zoning Code, and the public hearing noticing procedures set forth in said title for the Special Use Permits.

2.

Contents of Applications. The content of the IPUD permit application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed development. For an industrial subdivision project requiring an IPUD permit, a plat map application shall not be complete until an application is also filed and determined complete for an IPUD permit consistent with the requirements of this ordinance and the Comprehensive Planning and Zoning Code.

The following information is required for submittal for an application under the SUP procedures. The information is to be supplied in a booklet form (and in digital form) that may later be used by the City as an addendum to City regulations related to land use and building permit issuance. The project plans shall include the following information:

a.

A map showing division of the land for the sale of the individual property, if any;

b.

Existing contours at two (2) foot intervals if the existing ground slope is less than 10 (10) percent and not less than five (5) foot intervals for existing ground slopes greater than or equal to ten (10) percent. Contour intervals shall not be spread more than one hundred fifty (150) feet apart and existing contours shall be represented by dashed lines or by screened lines;

c.

Location of all living trees having a trunk diameter of four (4) inches or more measured at four and one-half (4½) feet above the root crown, and other major natural features shall be shown;

d.

Proposed automobile and bicycle access and pedestrian way locations and dimensions;

e.

Proposed off-street parking, including the location and number of stalls, dimensions and circulation system;

f.

Proposed loading areas, including the location, dimensions and number of berths;

g.

Lot dimensions and all recorded easements;

h.

Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, golf courses, public or quasi-public buildings and other uses;

i.

Areas proposed for allowable commercial uses, or other uses proposed to be established within the project;

i.

Allowable commercial uses include, but are not limited to business support services, convenience stores, and eating and drinking establishments.

ii.

A commercial establishment shall not exceed three thousand (3,000) square foot of gross floor area.

j.

Proposed location and elevations of buildings on land including, dimensions, the size of the structure, height, setbacks, materials and yard areas;

k.

Proposed location including dimensions, and site plan of RV and boat storage areas;

l.

All proposed signs and their locations, size and height;

m.

Proposed landscaping walls, fencing, screening, trash collections areas, and useable open space areas;

n.

Location and size of existing and all proposed utility lines and drainage;

o.

A schedule for the development if phasing is proposed;

p.

Tabulation of total number of acres in the proposed project and the percent thereof designated for various uses; and the orientation, total square footage and gross floor area of each building in the development;

q.

Constructions materials and colors;

r.

Such additional information as may be required by the Zoning Administrator to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of the Comprehensive Planning and Zoning Code. The Zoning Administrator may waive or modify the IPUD permit application requirements, listed above, if such items are found not be to applicable to the proposed development, said waiver will be approved, denied or modified by the Planning and Zoning Commission and the City Commission as the project flows through the review process;

s.

If the applicant disagrees with the application requirements enumerated herein and as determined by the Zoning Administrator, he/she may appeal the Administrator's decision to the Planning and Zoning Commission within sixteen (16) days of the Administrator's decision. The cost of the appeal shall be established by City Commission Resolution.

3.

Development Standards. Development standards, including but not limited to building height, minimum lot size and setbacks for the industrial zones, shall be consistent with the standards and requirements set forth in the Comprehensive Planning and Zoning Code, unless modified by the City Commission.

a.

IPUD District Setback Regulations. The following regulations shall apply to the IPUD District unless modified by the City Commission. (Setbacks for structures and uses not listed below shall be consistent with the applicable setback requirements of the Comprehensive Planning and Zoning Code unless modified.)

b.

Setbacks for Industrial Development Projects.

i.

Front setback: overall average of twenty-five (25) feet. The front setbacks of industrial buildings shall be varied to provide visual variety and to facilitate pedestrian access.

ii.

Side and back setbacks: combined distances shall total at least half of the maximum height allowed.

c.

Setbacks for Commercial Development Projects.

i.

Front setback: overall average of twenty (20) feet. The front setbacks of commercial buildings shall be varied to provide visual variety and to facilitate pedestrian access.

ii.

Side and back setbacks: combined distances, shall total at least half of the maximum height allowed.

4.

Height Requirements. The following regulations shall apply to the IPUD District unless modified by the City Commission:

a.

The maximum height for industrial structures shall be forty-five (45) feet.

b.

The maximum height for commercial structures shall be thirty-five (35) feet.

c.

The maximum height of accessory structures shall be twenty (20) feet.

5.

Minimum Lot Area. Shall be as specified by the IPUD permit.

6.

Streets and Access Standards. Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible; and to encourage the orientation of buildings in such a manner as to permit the use of solar energy systems.

7.

Parking Requirements. Parking shall be provided consistent with the provisions of the Comprehensive Planning and Zoning Code.

8.

Utilities. All utilities shall be located underground and shall be approved by the City. Refuse collection facilities shall be constructed and maintained in accordance with all municipal 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.

9.

Airport Interface. To provide airspace protection and land use compatibility with airport operations at the Truth or Consequences Municipal Airport:

a.

Consistency with Airport Impact Overlay District requirements shall be required of all IPUD projects within proximity of the Airport.

b.

Development on airport property must be aviation related. Aeronautical uses have precedence over non-aeronautical uses.

c.

Development on land within a Runway Protection Zone, as identified on the Airport Layout Plan map, must be consistent with FAA regulations.

d.

Avigation easements shall be required for property within the Airport Impact Overlay District.

10.

Findings. An IPUD permit may only be granted if all the following findings can be made based on factual evidence and the testimony presented at the public hearing:

a.

Finding that the planned development is consistent with the intent and provisions of any applicable Master Plan, Zoning Code and/or Specific Plan;

b.

Finding that the planned development is compatible with the character of surrounding development;

c.

Finding that the planned development would not be obnoxious or harmful, or impair the utility of the neighboring property or uses;

d.

Finding that the planned development would not be detrimental to the public interest, health, safety, convenience or welfare;

e.

Finding that the planned development does not interfere with airport operations and the land use is consistent with Airport Impact Overlay District requirements if applicable; and

f.

Finding that the planned development has met or exceeded the requirements and recommendations of the "Purpose" of this zone designation.

(Ord. No. 573, 8-28-07)

The requirements of the Comprehensive Planning and Zoning Code for granting a Special Use Permit shall be followed.

(Ord. No. 573, 8-28-07)

Those uses allowed in the T-1 Zone, with the exception of Residential Structures, Television and Radio Towers and all other Free Standing Towers, are permitted if the property owner does not wish to proceed with the application for an IPUD permit.

(Ord. No. 573, 8-28-07)