General Districts are the residential, commercial, light manufacturing, and transitional planning and zoning Districts in the City. This Section outlines the intended purpose of each general District and states the permitted, special and conditional uses for each District.

A.

PERMITTED USE DEFINED. A permitted use, which is listed as permitted by right in a District. Non-specified uses which are similar to those specified are also permitted, by right, except as otherwise restricted within this Code.

B.

SPECIAL USE DEFINED. A special use is a use which is of an unusual or unique character and which may be offensive or compatible in some cases within a District. A special use requires review and approval by the City Commission, after a recommendation by the Planning and Zoning Commission to determine impacts on the surrounding area. See Section 11-5-6 for procedures governing a Special Use Permit.

C.

CONDITIONAL USE DEFINED. A conditional use is a use that is considered compatible to a permitted use and is described as conditional in specific Districts. A conditional use permit requires review and approval by the Planning and Zoning Commission to determine if the use is desirable or essential to the public welfare, safety, health, morals or convenience of the residents in that District. See Section 11-5-3 for procedures governing a conditional use permit.

A.

PURPOSE. The R-1 District is intended to accommodate detached single-family dwelling units and to maintain and protect a low-density residential character of development. Accessory uses, which are incidental to and customarily found within the R-1 District are also permitted.

B.

DEVELOPMENT REQUIREMENTS. Development standards and other requirements are provided in Articles X through XIV.

C.

R-1 PERMITTED USES. The following uses are permitted by right in R-1 Districts.

1.

Accessory Building.

2.

Accessory Dwelling Unit: Subject to meeting all setback, building and development standards of this Code.

3.

Construction Yard or Building (Temporary): Such yard or building shall be removed upon completion of construction or within three (3) years from date of permit, whichever is sooner. Construction yards and buildings shall be maintained in fences at least six (6) feet in height. However, there shall be no fence or wall more than three (3) feet in total height above street-curb level located within the clear sight triangle of a street intersection as defined in Article 8 of this Code.

4.

Detached Single Family Dwellings.

5.

Dish Antennas: These shall be for the non-commercial reception of satellite signals.

6.

Garage or Yard Sale or Similar Use: Three (3) sales are permitted in a one (1) year period at a single address. A sale shall not exceed three (3) consecutive days.

7.

Greenhouse (Non-Commercial), Garden Sheds, Tool Sheds: When detached from the main dwelling such structures are subject to the provisions of Accessory Buildings.

8.

Home for Handicapped, Disabled, Retarded, or Retired: Subject to requirements of the New Mexico Statutes, 1978, Section 3-21-1, Paragraph C, as amended. There shall be no more than five (5) persons in one home, and a minimum of two (2) parking spaces must be provided.

9.

Home Occupation.

10.

Kennel (Private, Residential).

11.

Manufactured Homes.

12.

Public Park, Playground, Ball Fields or Tennis Courts:

13.

Real Estate Office (Temporary): Permitted only in conjunction with a residential subdivision, provided such use shall be discontinued upon the completion of the development or within three (3) years from date permit issued, whichever is sooner.

14.

Storage, Residential Vehicles: Storage of personal recreational vehicles, boats, trailers or similar uses shall be limited to a maximum of one (1) per dwelling unit in the side yard, with no limit in the rear yard separated by at least five (5) feet from any property line.

15.

Swimming Pool (Private): Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line and approval from all utilities is required to insure overhead safety.

16.

Tennis Courts (Private for Residential Use).

D.

R-1 SPECIAL USES. The following uses require a public hearing and approval of the City Commission after a recommendation by the Planning and Zoning Commission. Specific conditions and provisions for special uses may be referred to in Section 11-5-6.

1.

Cemetery: Shall contain at least ten (10) acres and shall provide landscaping, screening and buffering.

2.

Child Care Center (six or more children).

3.

Church.

4.

Community Building.

5.

Gas Regulation Station (Public Utility).

6.

Golf Course and Country Club.

7.

Offices in Historic Structures.

8.

Schools (public, private, university, junior college and parochial).

9.

Telephone Exchange Stations.

10.

Telephone and Radio Towers and all other Free-standing Towers (Public and Private Use): Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code standards.

A.

PURPOSE. The R-2 District is intended for single and multi-family dwellings, residential condominiums, townhouses, and apartment units in which a medium-density residential character is protected and maintained. Manufactured housing is permitted with specific conditions.

B.

DEVELOPMENT REQUIREMENTS. Development standards and other requirements are provided in Articles X through XIV.

C.

R-2 PERMITTED USES. The following uses are permitted by right in R-2 Districts:

1.

Accessory Buildings.

2.

Apartments: Maximum of four (4) attached units.

3.

Boarding Houses.

4.

Condominiums (Residential): Maximum of four (4) attached units.

5.

Construction Yard or Building (Temporary): Such yard or building shall be removed upon the completion of construction or within three (3) years from date of permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a sight obscuring fence at least six (6) feet in height. However, there shall be no fence or wall more than three (3) feet in total height above street-curb level located within the clear sight triangle of a street intersection as defined in Article 8 of this Code.

6.

Dwellings: Maximum of four (4) dwelling units, not to exceed a maximum density of fifteen (15) dwelling units per acre.

7.

Garage or Yard Sale or Similar Use: Three (3) sales are permitted in a one (1) year period at a single address. A sale shall not exceed three (3) consecutive days.

8.

Greenhouses (Non-Commercial), Garden Sheds, Tool Sheds: When detached from the main dwelling such structures are subject to the provisions of Accessory Buildings.

9.

Home for Physically or Mentally Handicapped, Disabled, or Retired: Subject to requirements of the New Mexico State Statutes, 1978, Section 3-21-1, Paragraph C, as amended. There shall be no more than ten (10) persons in one home, and a minimum of four (4) parking spaces must be provided.

10.

Home Occupation.

11.

Manufactured Homes.

12.

Public Park, Playground, Ball Field or Tennis Court.

13.

Kennel (Private, Residential).

14.

Real Estate Office (Temporary): Permitted only when used in conjunction with a residential subdivision provided such use shall be discontinued upon the completion of the development or within three (3) years from date permit issued, whichever is sooner.

15.

Storage (Recreational Vehicles): Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one (1) per dwelling unit in the side yard, with no limit in the rear yard, separated at least five (5) feet from any property line.

16.

Swimming Pools (Private): Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line, and approval from all utilities is required to insure overhead safety.

17.

All Uses Permitted by Right in the R-1 Zoning District.

D.

R-1 SPECIAL USES. The following uses require a public hearing and approval of the City Commission after a recommendation by the Planning and Zoning Commission. Specific conditions and provisions for special uses are described in Section 11-5-6.

1.

Athletic Clubs or Bathhouses.

2.

Cemetery: Shall contain at least ten (10) acres and shall provide landscaping, screening and buffering.

3.

Child Care Center: For six (6) or more children.

4.

Church.

5.

Community Building (Public or Private).

6.

Gas Regulating Station (Public Utility).

7.

Golf Course and Country Club.

8.

Manufactured Home Subdivisions.

9.

Nursing or Retirement Home: (Eleven (11) or more residents).

10.

Offices in Historic Structures.

11.

Schools (Primary, Secondary and Parochial).

12.

Swimming Pools (Public, Commercial, Private).

13.

Telephone Exchange Station.

14.

Television and Radio Towers, and all other Free-standing Towers (Public and Private Use): Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code standards.

15.

All Uses Permitted by Special Use Permit in the R-1 District.

A.

PURPOSE. The R-3 District is intended to accommodate multiple family dwelling units and accessory structures and uses. The District is intended to maintain and protect high density residential development that is characteristic of apartment, townhouses, condominiums and manufactured home subdivisions. This District also permits one and two family homes, modular homes, and manufactured homes.

B.

DEVELOPMENT STANDARDS. Development standards and other requirements are provided in Articles X through XIV.

C.

R-3 PERMITTED USES: The following uses are permitted by right in R-3 Districts:

1.

Accessory Buildings.

2.

Apartments.

3.

Boarding House.

4.

Condominiums (Residential and Professional).

5.

Child Care Center, Nursery or Similar Use: Play areas shall be in accord with state licensing requirements and enclosed with a solid wall or fence five (5) feet in height.

6.

Construction Yard or Building (Temporary Use): Such yard or building shall be removed upon the completion of construction or within three (3) years from date of permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion and open yards shall be enclosed by a sight-obscuring fence at least six (6) feet in height. However, there shall be no fence or wall more than three (3) feet in total height above street-curb located within the clear sight-triangle of a street intersection as defined in this Code.

7.

Dwellings: Single or multi-family units, apartments, townhouses and condominiums.

8.

Garage or Yard Sale or Similar Use: Three (3) sales are permitted in a one (1) year period at a single address. A sale shall not exceed three (3) consecutive days.

9.

Greenhouses (Non-Commercial), Garden Sheds, and Tool Sheds: When detached from the main dwelling, such structures are subject to the provisions of Accessory Buildings.

10.

Home for Handicapped, Disabled, Retarded or Retired: Subject to state requirements of the New Mexico Statutes, Section 3-21-1, Paragraph C, as amended. A minimum of two (2) parking spaces must be provided, in addition to one space for each five (5) persons.

11.

Home Occupation.

12.

Manufactured Home Subdivision.

13.

Manufactured Home Park.

14.

Manufactured Homes.

15.

Kennel (Private, Residential).

16.

Private Club or Lodge: Permitted when used in conjunction with non-profit organizations such as Lions Club, Elks Lodge, and the like. Building(s) shall not be located within one hundred (100) feet of an R-1 or R-2 District. Private clubhouses and game rooms are also permitted when used as a part of an apartment, condominium, or townhouse complex, provided such building(s) shall not be located within fifty (50) feet of an R-1 or R-2 District.

17.

Public Park, Playground, Ball Field and Tennis Courts.

18.

Real Estate Office (Temporary): Permitted only when used in conjunction with a residential subdivision provided such use shall be discontinued upon the completion of the development or within three (3) years from date of permit, whichever is sooner.

19.

Storage (Recreational Vehicles): Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one (1) per dwelling unit in the side yard, with no limit in the rear yard, separated at least five (5) feet from any property line.

20.

Swimming Pool (Private): Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line, and approval from all utilities is required to insure overhead safety.

21.

Tennis Courts (Private for residential use).

22.

Townhouses (Maximum of eight (8) attached units).

D.

R-3 SPECIAL USES. The following uses require a public hearing and approval of the City Commission after a recommendation by the Planning and Zoning Commission. Provisions for special use permits are stated in Section 11-5-6 of this Code.

1.

Athletic Clubs and Bathhouses.

2.

Barber and Beauty Shops.

3.

Bed and Breakfast Inn.

4.

Church.

5.

Community Building (Public or Private).

6.

Gas Regulating Station (Public or Private Utility).

7.

Golf Course and Country Club.

8.

Halfway House and Quasi-Institutional Houses.

9.

Offices in Historical Structures.

10.

Offices: Offices which provide health services such as medical, chiropractic, or rental and certain professional offices which have a low traffic volume such as attorneys or accountants, provided such offices maintain the residential character of the neighborhood where they are located.

11.

Residential Vehicle Park.

12.

School (Public, Private, or Parochial).

13.

Swimming Pool (Public or Commercial).

14.

Telephone Exchange Station.

15.

Television and Radio Towers, and all other Free-standing Towers (Private Use): Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code standards.

A.

PURPOSE. The R-4 District is comprised primarily of single-family frame, modular and/or manufactured dwellings. It is intended that the R-4 District provide a pleasant and fairly low-density rural setting for those who desire to live within the City limits of the City of Truth or Consequences and have a country atmosphere.

B.

DEVELOPMENT STANDARDS. All lots, tracts, buildings, structures and streets or alleys in the R-4 District will be developed in accordance with this Article and other related provisions of this Code and independent of all other Districts within this Code. Additional development standards and requirements are contained in Articles X through XIV of this Code.

C.

PUBLIC RIGHT-OF-WAY REQUIREMENTS AND STANDARDS. In order to maintain the integrity of the rural atmosphere, there shall be no curb or gutter and sidewalks in the R-4 District except a provided herein.

If eighty (80) percent of the property owners within the R-4 District desire City sewer hook-up, curb, gutters, and sidewalks, it shall be constructed at the expense of the property owners by means of an assessment. Votes by property owners shall be calculated at the rate of one vote per lot.

D.

UTILITY REQUIREMENTS AND STANDARDS. All utilities shall meet the current City and state codes and the cost of said utilities shall be the responsibility of the sub-divider and/or property owner by means of assessment. Utilities placed in public rights-of-way shall become the property of the City of Truth or Consequences. All underground services placed in public rights-of-way shall be extended to the private property line prior to street or alley construction. All lots shall be connected to City potable water system.

E.

SEPTIC SYSTEMS. Septic systems shall be governed by Section 14-67 and Section 14-68 of the City Code, except as follows:

1.

If within one hundred (100) yards of a sewer connection, the sub-divider can demonstrate to the City Commission that hook up to City sewer system would not be feasible or would create an undue hardship, and

2.

The sub-divider, prior to lot sale, provides an engineers certificate stating that the soil is adequate for septic system installation; and

3.

The property owner provides a certificate from a qualified City employee stating that the septic system installation meets or exceeds all state and local requirements prior to occupancy of a dwelling.

F.

FIRE PROTECTION. Placement of fire hydrants and water volume requirements shall be determined by the State of New Mexico Uniform Fire Code and said costs for installation of fire hydrants and water supply lines shall be the responsibility of the sub-divider and/or property owners, except as provided in the City Subdivision Ordinance Section 10-1-6B.1.

G.

MANUFACTURED HOMES REQUIREMENTS. The home must be a minimum of twenty-four (24) feet in width and no more than five (5) yeas old. Damaged or deteriorated homes shall not be permitted. Requirements set forth in Article XI and Article XIV of this Code shall apply.

H.

R-4 PERMITTED USES.

1.

Accessory Buildings: Greenhouses (non-commercial), Garden Sheds, Tool Sheds and Garages or similar structures, when detached from the main dwelling are subject to the provisions of Article 10 and shall not exceed an accumulative total of two thousand (2,000) square feet.

2.

Construction Yard or Building (Temporary): Such yard or building shall be removed upon completion of construction or within three (3) years from date of permit, whichever is sooner. Construction yards and building shall be maintained in a neat and orderly fashion and open yards shall be enclosed by a fence at least six (6) feet in height. No fence shall be permitted within the site triangle of street corners or alleys.

3.

Detached Single Family Dwellings.

4.

Garage or Yard Sale or Similar Use: A maximum of three (3) sales permitted in a one (1) year period at a single address and shall not exceed three (3) consecutive days.

5.

Home Occupation.

6.

Horses: No more than two (2) horses per acre.

7.

Manufactured Homes.

8.

Public Parks and Playgrounds.

9.

Storage (Recreational Vehicle): Storage of personal recreational vehicles shall be limited to a maximum of three (3) per dwelling unit in the rear yard only. Additional recreational vehicles are allowed, if stored in an enclosed structure.

10.

Swimming Pool (Private): Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line and approval from all utilities is required to insure overhead safety.

11.

Tennis Courts: Private for residential use only.

I.

R-4 SPECIAL USES. No Special Uses are allowed.

A.

PURPOSE. The RR-1 District is a low density residential District comprised primarily of single family frame and/or manufactured dwellings. It is intended that the RR-1 District provide a pleasant and fairly low density setting for those who desire to live near the Rio Grande.

B.

DEVELOPMENT STANDARDS. Development standards and other requirements are provided in Articles X through XIV of this Code.

C.

RR-1 PERMITTED USES. The following uses are permitted by right in RR-1 District.

1.

Accessory Building.

2.

Construction Yard or Building (Temporary): Such yard or building shall be removed upon completion of construction or within three (3) years from date of permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a sight obscuring fence at least six (6) feet in height. However, there shall be no fence or wall more than three (3) feet in total height above street-curb level located within the clear sight triangle of a street intersection as defined in this Code.

3.

Detached Single Family Dwellings.

4.

Garage or Yard Sale or Similar Use: Three (3) sales are permitted in a one (1) year period at a single address. A sale shall not exceed three (3) consecutive days.

5.

Greenhouse (Non-Commercial), Garden Sheds, Tool Sheds: When detached from the main dwelling such structures are subject to the provisions of Accessory Buildings.

6.

Home Occupation.

7.

Horses: Permitted only on lots or parcels of one (1) acre or more; provided that the total number of such animals not exceed three (3) per acre.

8.

Manufactured Homes.

9.

Public Park, Playground, Ball Fields or Tennis Courts.

10.

Kennel (Private, Residential).

11.

Storage (Residential Vehicles): Storage of personal recreational vehicles. Storage of personal recreational vehicles, boats, trailers or similar uses shall be limited to a maximum of one (1) per dwelling unit in the front yard, with no limit in the side or rear yard separated at least five (5) feet from any property line.

12.

Swimming Pool (Private): Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line and approval from all utilities is required to insure overhead safety.

13.

Tennis Courts: Private for residential use.

D.

RR-1 SPECIAL USES. The following uses require a public hearing and approval of the City Commission after a recommendation by the Planning and Zoning Commission. Specific conditions and provisions for special uses are described in Section 11-5-6.

1.

Athletic Clubs or Bathhouses.

2.

Community Building (Public or Private).

3.

Gas Regulating Station (Public or Private Utility).

4.

Manufactured Home Park.

5.

Recreational Vehicle Park.

6.

Swimming Pools (Public and Commercial).

7.

Telephone Exchange Station.

8.

Television and Radio Towers and all other Free-Standing Towers (Public and Private Use): Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code.

A.

PURPOSE. The intent of the C-1 District is to provide for certain commercial/retail uses which serve both transient and local trade. The District is intended for areas surrounding major arterial or collector streets where a wide range of automobile-related service facilities, convenience goods and personal services are desirable and appropriate as a land use.

B.

DEVELOPMENT STANDARDS. Development standards and other requirements are provided in Articles X through XIV of this Code.

C.

C-1 PERMITTED USES.

D.

PERMITTED USES—WITH CONDITIONS. The following C-1 uses are permitted in accordance with stated conditions and upon approval by the Planning and Zoning Commission.

1.

Adult Entertainment Uses: Uses such as adult bookstores, adult movie theaters, and adult news racks, as defined in Article 8 of this Code, shall be permitted provided such use is located a minimum of three hundred (300) feet from a property line of any:

a.

School;

b.

Church;

c.

Public park or recreational facility;

d.

Residential District;

e.

Another adult entertainment facility.

There shall be no public display visible outside of the building. In addition, display of adult pictures of other materials within a grocery store, bookstore, or other retail or wholesale store shall be concealed from public view.

2.

Amusement Park or Enterprise: Subject to any other provisions and requirements of the Municipal Code. Temporary amusement enterprises are prohibited within three hundred (300) feet of any residential zoning District. Permanent amusement enterprises are prohibited within five hundred (500) feet of any residential zoning District.

3.

Automobile Body and Repair Shop: Not permitted with one hundred (100) feet of any residential District.

4.

Bank Drive-up Windows: Stacking lane(s) of one hundred eighty (180) feet by ten (10) feet for each drive-up must be provided and designed to insure that no bank traffic backs onto the street giving access. Banks must be located on a collector or arterial streets as shown on the City Street Plan.

5.

Bowling Alley: Subject to approval of site and related plans. Bowling alleys are prohibited within three hundred (300) feet of any residential zoning District.

6.

Bus or Motor Freight Terminal: Only when located on an arterial street as designated on the City Street Plan.

7.

Car Washes: There shall be no run-off onto neighboring properties or streets resulting from the use. Any discharge into public liquid waste disposal systems shall be approved by the administrator of the system prior to approval of the business. If the subject property is not served by a public waste disposal system, approval from the New Mexico Environmental Department shall be required.

8.

Child Care Center, Nursery or Similar Use: Play areas shall be in accord with State licensing requirements and enclosed by a solid wall or fence five (5) feet in height.

9.

Christmas Tree Sales: Temporary, not prior to November 15, provided lots are cleaned and removed by December 31.

10.

Church: Only when located on an arterial or collector street as designated on the City Street Plan.

11.

Construction or Contractor's Yard: Yard shall be maintained in a neat and orderly fashion and enclosed by a fence at least six (6) feet in height except that the height shall be limited to three (3) feet above street curb within a clear site triangle as defined in this Code.

12.

Drive-In Theater: Subject to approval of site and related plans.

13.

Firewood Sales: No more than twenty (20) cords stored on site.

14.

Flea Market: Subject to any other requirements of the Municipal Code.

15.

Furniture Assembly (Accessory Use): Permitted only as an incidental or accessory use to retail sales. Maximum floor area for assembly shall not exceed three thousand (3,000) square feet, not exceed thirty percent (30%) of the total business floor area, and shall be within the same building.

16.

Gas Pressure Control Stations: (Public or Private Utility.)

17.

Heavy Equipment Repair (Accessory Use): Permitted only as an incidental or accessory use to heavy equipment sales. Floor area for repair shall not exceed three thousand (3,000) square feet and not exceed thirty percent (30%) of the total gross floor area. Welding is permitted only in conjunction with repair and shall not be used for the purpose of heavy equipment assembly.

18.

Miniature Golf Course: Subject to approval of site and related plans. Not permitted within one hundred (100) feet of any residential District.

19.

Mini Storage Units: Units shall not be used for commercial sales of products, merchandise, service or repair. (This does not preclude a business from using storage units solely for storage of commercial or business related items provide that the actual commercial operation or business is conducted elsewhere, and there is no external evidence of the business at the storage unit.)

20.

School, Public, Private or Trade: Sites shall be located on an arterial or collector street as shown on the City Street Plan.

21.

Shopping Center: Providing site, drainage, and related plans for the entire development are approved.

22.

Storage of Wrecked or Dismantled Vehicles and Parts (Accessory Use): The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental accessory use to a vehicle repair establishment or a body shop:

a.

Storage shall be within an enclosed building or within a sight-obscuring fence at least six (6) feet in height;

b.

Vehicles and parts stored at the exterior of the building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customer;

c.

Exterior storage of vehicles shall not remain on the premises for a period exceeding three (3) months;

d.

A maximum of five (5) wrecked vehicles may be stored at the building exterior during any one time;

e.

Exterior storage shall be a minimum of one hundred (100) feet from a residential District.

23.

Swimming Pools: Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line, and approval from all utilities is required to insure overhead safety.

24.

Television and Radio Towers and all Other Free Standing Towers (Public and Private Uses): Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code standards.

25.

Welding (Accessory Use): Welding shall be permitted only as an incidental or accessory use necessary for the repair of vehicles or equipment permitted in the C-1 District. Welding uses shall be approved by the Fire Department and shall be in accord with any other provisions of the Municipal Code.

26.

Wrecker Service: In accord with storage of wrecked vehicle provisions of Item D.22 of this Section.

E.

SPECIAL USES FOR C-1 DISTRICT. The following uses require approval of the City Commission. Specific conditions and provisions for special use may be referred to in Article V.

1.

Dwelling Unit: Special Use Permits are required for dwellings within the C-1 District upon lots or other parcels located directly adjacent to Broadway Avenue, Main Street or Date Street. Dwellings elsewhere within the C-1 District are permitted by right. Manufactured Homes (MH's) are permitted within the C-1 District subject to the provisions stated herein and in Articles 11 and 14.

2.

Apartments ten (10) unit minimum)

3.

Concrete Sales and Ready Mix

4.

Correctional Facilities and Institutions

5.

Heavy Equipment Repair and Service

6.

Kennel (Commercial)

7.

Manufactured Home Park or Subdivision: Subject to the provisions of Articles 11 and 14.

8.

Propane or Liquefied Petroleum Gas Distribution Point: Up to two thousand (2,000) gallons, not be located within three hundred thirty (330) feet of any residential zoning district, or within the area bounded by Date, Main and Austin Streets.

9.

Racetrack

10.

Residential Vehicle Park

11.

Recycle Purchase Center

12.

Stadium: Baseball, Football, Soccer or Track.

13.

Townhouses (R-2 Development Standards apply)

14.

Welding Shop

A.

PURPOSE. The M-1 District is intended to accommodate a wide variety of light packaging, compounding, wholesaling and distribution operations with no limitations on size. Such uses shall be constructed and operated to insure that there is no excessive noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare, at or beyond any lot line of the parcel on which it is located. Excessive is defined as a degree exceeding that caused in their customary manner of operation by uses permitted in the M-1 District, a degree injurious to the public health, safety, welfare or to a degree in which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a resident watchman, caretaker or proprietor of a commercial use.

B.

DEVELOPMENT REQUIREMENTS. Development standards are provided in Articles 12, 13 and 14.

C.

M-1 PERMITTED USES. The following uses are permitted by right in the M-1 District:

D.

CONDITIONAL USE. The following M-1 uses are permitted in accordance with stated conditions and approval of the Planning and Zoning Commission.

1.

Adult Entertainment Uses: Uses such as adult bookstores, adult movie theaters, and adult news racks, as defined in Article 8 of this Code, shall be permitted provided such use is located a minimum of three hundred (300) feet from a property line of any: a) school; b) church; c) public park or recreational facility; d) residential District and e) another adult entertainment facility. There shall be no public display visible outside of the building. In addition, display of adult pictures of other materials within a grocery store, bookstore, or other retail or wholesale store shall be concealed from public view.

2.

Amusement Park or Enterprise: Subject to other provisions and requirements of the Municipal Code. Permanent amusement enterprises are prohibited within three hundred (300) feet of a residential District.

3.

Automobile Washing Establishments: A waiting aisle of forty (40) feet in length shall be provided for each stall. All related traffic shall be contained off-street.

4.

Bank Drive-Up Window: Stacking Lane(s) one hundred eighty (180) feet long and ten (10) feet wide for each drive-up window must be designed to insure that no bank traffic backs onto the street giving access. Banks must be located on a collector or arterial street as shown on the City Street Plan.

5.

Body Shop: Buildings shall be located a minimum of three hundred (300) feet from a residential District boundary and shall have Fire Department approval.

6.

Construction or Contractor's Yard: Yard shall be maintained in a neat and orderly fashion and enclosed by a sight obscuring fence a minimum of six (6) feet in height. However, there shall be no fence or wall more than three (3) feet in height within the clear sight triangle of a street intersection as defined in Article 8 of this Code.

7.

Drive-In Theater.

8.

Dwellings (Accessory Use) - Proprietor, Resident Watchman or Caretaker Only: Provided such use shall be a single-family dwelling located on the same property as the business.

9.

Flea Market: Subject to other requirements of the Municipal Code.

10.

Open or Exterior Storage and Display (Merchandise, Materials): Storage or display of materials on the exterior or a building shall be completely enclosed by a fence or wall of solid construction, no less than six (6) feet in height, except for manufactured homes, cars, trucks or motorcycles.

11.

Paint Shop (Mixing, Treatment and Spraying): Buildings shall be located one hundred (100) feet from any residential zoning District and shall have Fire Department approval.

12.

Storage of Wrecked or Dismantled Vehicles and Parts Thereof: The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental or accessory use to a vehicle repair establishment or body shop, permitted in the M-1 District. Such use shall be in accordance with the following requirements.

a.

Storage shall be within an enclosed building or within a sight obscuring fence at least six (6) feet in height.

b.

Vehicles and parts stored at the exterior of a building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers.

c.

Exterior storage of vehicles shall not remain on the premises for a period exceeding three (3) months.

d.

There shall be a maximum of twenty (20) wrecked vehicles stored at the building exterior during any one time.

e.

Exterior storage shall be a minimum of one hundred (100) feet from a residential zoning District.

13.

Swimming Pools: Permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be five (5) feet from any property line, and approval from all utilities is required to insure overhead safety.

14.

Wrecker Services: Provided vehicle storage conforms to Item 2 (1) of this paragraph.

E.

M-1 SPECIAL USES. The following uses require approval of the City Commission. Specific conditions and provisions for special uses are included in Section 11-5-6.

1.

Asphalt Materials Production Plant.

2.

Kennel: Commercial.

3.

Junk Yard.

4.

Metal or other used materials, Sales, Recycling, or Purchase Center.

5.

Racetrack.

6.

Recreational Vehicle Park.

7.

Sand and Gravel Pit.

8.

Stables: Commercial.

9.

Slaughter or Packing House.

10.

Television and Radio Towers and all other Free Standing Towers or Private Uses).

A.

PURPOSE. The T-1 District is a low density semi-rural residential District comprised primarily of single family frame and manufactured housing units. This is a temporary classification intended to allow development of a predominantly undeveloped area.

B.

DEVELOPMENT STANDARDS. Development standards and other requirements are provided in Article 10 through 14 of this Code.

C.

T-1 PERMITTED USES. The following uses are permitted by right in the T-1 Districts:

1.

Accessory Buildings.

2.

Detached Single Family Dwellings.

3.

Manufactured Housing on individual lots, tied down and skirted according to the provisions in Article 11 of the Comprehensive Planning and Zoning Code with one manufactured housing unit allowed per lot.

4.

Guest Dwellings or accessory living quarters.

5.

All types of Horticulture.

6.

4-H or FFA animal raising in accordance with other applicable regulations.

7.

Keeping of small animals and fowl in accordance with other applicable regulations.

8.

Keeping of large animals in accordance with other applicable regulations.

9.

Recreational Courts, including but not limited to, tennis and other similar uses.

10.

Home Occupations.

11.

Produce stands for agricultural products.

12.

Greenhouse (commercial or non-commercial), garden sheds, and tool sheds. When detached from the main dwellings, such structures are subject to the provisions of Accessory Buildings.

13.

Private swimming pools five (5) feet from property lines and surrounded with four (4) feet fencing for safety.

14.

Garage or yard sale or similar use. There (3) sales are permitted in a one (1) year period at a single address. A sale shall not exceed three (3) consecutive days.

15.

Real Estate Office (temporary.) Permitted only when used in conjunction with a residential subdivision, provided such use shall be discontinued upon the completion of the development or within three (3) years from date permit issued, whichever is sooner.

16.

Recreational Vehicles. Storage of personal recreational vehicles, boats, trailers or similar uses shall be limited to a maximum of one (1) per dwelling unit in the front or side yard, with no limit in the rear yard, separated at least five (5) feet from any property line.

17.

Television and Radio Towers and all other Free Standing Towers (public or private.) Towers shall have manufacturer's specifications to withstand a 75 mph wind and shall be constructed to meet New Mexico Building Code standards.

18.

The sale of agricultural and farm products, nursery stock, poultry, rabbits, chinchillas, fish, frogs, earthworms and bees.

D.

T-1 SPECIAL USES. The following uses require a public hearing and approval of the City Commission:

1.

Boarding Houses and Rest Homes.

2.

Cemetery.

3.

Child Care Center (Six (6) or more children).

4.

Church.

5.

Community and publicly owned recreational centers, clubhouses, and similarly, used buildings and structures open to the public.

6.

Manufactured Home Parks.

7.

Manufactured Home Subdivision.

8.

Recreational Vehicle Park.

9.

Schools (Primary, Secondary, Private and Parochial).

10.

Veterinary Facilities.