[Amended 6-10-1998; 2-13-2001 by Ord. No. 99-37; 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone is intended for general light agricultural purposes,
with appropriate single-family residences and accessory buildings,
to be placed in areas where the demand for urban development has,
as yet, not been made. The following regulations shall apply in the
RA Residential Agricultural Zone.
B.
Permitted uses in the RA District. A building or premises on a lot
in the RA Zone shall be used for the following purposes only:
(1)
Farm or ranch
(2)
Public parks, open space, playgrounds, playfields.
(3)
Home occupations, provided the following conditions are complied
with:
(a)
No person outside the immediate family occupying the premises
shall be employed.
(b)
No stock-in-trade shall be displayed on the premises at any
time.
(c)
Only one occupation shall be permitted on the premises at any
one time.
(d)
All activities shall be conducted entirely within the dwelling.
Family child-care homes or community adult residences shall require
an entirely fenced yard.
(f)
There shall be no external evidence of the activity such as
commercial vehicles, outside storage of stock or materials, and no
noise, odor, dust, fumes, or other nuisance shall be emitted from
the premises.
(g)
Each home occupation shall be fire inspected.
(4)
One single-family dwelling per acre, including manufactured
housing.
(5)
Plant nursery and greenhouse.
(6)
Agricultural and horticultural uses except the raising of hogs,
pigs or other livestock fed from garbage or offal or any uses which
produce noxious odors.
(7)
Roadside stand offering for sale only farm products, which are
produced upon the premises, provided such stands shall be removed
during any period when they are not in use.
(8)
Mobile homes, and storage only of recreational vehicles, travel
trailers, truck campers, camping trailers, and self-propelled motor
homes and/or such are not used for human habitation nor shall they
be connected to any public or private utility system such as water,
gas, electricity, or sewage disposal.
(9)
Accessory uses and buildings customarily incidental to any of
the above uses, when located on the same lot or parcel and not involving
the conduct of business.
(10)
Bed-and-breakfast.
(11)
Family child-care home with a minimum of five and not more than
12 nonresident children.
(12)
Community adult residences, state licensed or state operated,
serving 10 or fewer persons.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII of this chapter. Special uses shall be subject to development impact review requirements pursuant to § 450-132.
(1)
(2)
Hospitals.
(3)
Golf courses, provided that the land area comprises at least
100 acres of land.
(4)
Fraternal organization clubs.
(5)
Privately owned schools, public schools and colleges.
(6)
Public utility structures.
(8)
Churches.
(9)
Rodeo grounds.
(10)
Art galleries and accessories.
(11)
Child-care centers.
(12)
Community adult residences, state licensed or state operated,
serving 11 or more persons.
(13)
Cemeteries.
D.
Uses expressly prohibited.
(1)
Multifamily dwellings, per definition.
(2)
Commercial uses (except for those uses specifically listed as,
special uses or allowed under a home occupation).
(3)
Industrial use, cannabis consumption area or commercial cannabis
activity, or any portion thereof, which requires a license pursuant
to the New Mexico Cannabis Regulation Act[4] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[4]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(4)
Slaughterhouse for livestock.
(5)
More than one dwelling per acre.
(6)
Livestock auction.
(7)
Junkyard or automobile wrecking yards.
(8)
Electric generating stations.
(9)
Uses similar in character to any of the above uses, as determined
by the Community Development Department.
E.
Development
standards. The following minimum required conditions shall apply:
(1)
Lot
area. Each lot or parcel shall have a minimum of one acre.
(2)
Population density. There shall be a minimum of one acre of
lot area for each dwelling unit.
(3)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard
extending across the full width of the lot or parcel, said yard to
have a depth not less than 30 feet as measured at right angles from
the property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, said yard
to be open from the ground to the sky, and said yard shall not be
less than 15 feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel
extending across the full width of the property, said rear yard to
have a depth of not less than 30 feet.
A.
Purpose. This zone is intended to promote and encourage a suitable
environment for single-family residential on large parcels of land
near the periphery of the City where a low density of population is
desired.
B.
Permitted uses in the RR District. Buildings and premises on any
lot in the RR Zone shall be used for the following purposes only:
(1)
One single-family dwelling only.
(2)
Agriculture, except the raising of animals or fowl for commercial
purposes, or the sale of any products on the premises.
(3)
Guesthouse not containing any cooking facilities, and not rented
or otherwise conducted as a business.
(4)
Home occupation, provided that the same conditions as listed
in the RA Zone are met.
(5)
Accessory uses customarily incidental to the uses listed above.
(6)
One and only one unlighted sign not to exceed one square foot
in area and containing only the name and address of the occupants
of the premises.
(7)
Storage of sports trailers and campers subject to the same conditions
specified in the RA Zone.
C.
Uses requiring special use permits.
D.
Uses expressly prohibited.
(1)
Multifamily uses.
(2)
Commercial uses, cannabis consumption area or commercial cannabis
activity, or any portion thereof, which requires a license pursuant
to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Industrial uses.
(4)
Use of trailers with or without wheels attached except as provided in § 450-120B(7) for storage of sports trailers and campers or similar in character.
(5)
More than one dwelling per lot.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. Each lot or parcel shall have a minimum of 1/2 acre.
(2)
Lot dimensions. Each lot shall have a minimum width of 75 feet.
Each lot shall have a minimum depth of 200 feet.
(3)
Population density. There shall be a minimum of 1/2 acre of
lot area for each dwelling unit.
(4)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard
extending across the full width of the lot or parcel, said yard to
have a minimum depth of 30 feet as measured at right angles from the
front property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, said yard
to be open from the ground to the sky, and said yard shall not be
less than 10 feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel
extending across the full width of the lot, said yard to have a minimum
depth of not less than 30 feet.
[Amended 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone promotes low-density residential developments.
The standards set forth for this district are designed to stabilize
and protect the essential character of the areas so delineated, to
promote and encourage a suitable environment for family life where
there are children, to provide areas for suitable expansion of the
City's facilities.
B.
Permitted uses in the R-1 District. A building and premises on any
lot in the R-1 Zone shall be used for the following purposes only:
(1)
Single-family dwelling.
(2)
Home occupation, provided that the same conditions as are listed
in the RA Zone are met.
(3)
Accessory uses customarily incidental to the uses listed above.
(4)
Public parks and playgrounds.
(5)
Bed-and-breakfast.
(6)
Storage of recreation vehicles, travel trailers, truck campers,
camping trailers, and self-propelled motor homes subject to the conditions
specified in the RA Zone.
(7)
Family child-care home, with a minimum of five but not more
than 12 nonresidential children.
(8)
Community adult residences, state licensed or state operated,
serving 10 or fewer persons.
(9)
Manufactured housing consistent with NMSA 1978, § 3-21A-3.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with provisions contained in Article VII of this chapter. Special uses are subject to site plan development requirement criteria pursuant to § 450-132.
D.
Uses expressly prohibited.
(1)
Multifamily uses.
(2)
Commercial uses, except for those uses specifically listed as
special uses. There shall be no cannabis consumption area, commercial
cannabis activity, or any portion thereof, which requires a license
pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Industrial uses.
(4)
Parking or storage of truck tractors, semitrailers, trailers,
school buses but not limited to other large commercial vehicles over
10,000 pounds' gross weight.
(5)
More than one dwelling per lot.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. Each lot in the R-1 Zone shall contain a minimum area
of not less than 6,000 square feet.
(2)
Lot dimensions. Each lot in the R-1 Zone shall have a minimum
width of 60 feet. Each lot in the R-1 Zone shall have a minimum depth
of 100 feet.
(3)
Population density. There shall be a minimum of 6,000 square
feet of lot area for each dwelling unit in the R-1 Zone.
(4)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard
extending across the full width of the lot or parcel, said yard to
have a minimum depth of 15 feet as measured at right angles from the
front property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, said yard
to be open from the ground to the sky, and said yard shall not be
less than seven feet in width.
[Amended 3-19-2003 by Ord. No. 03-03]
A.
Purpose. The R-2 Zone District is composed of medium-density concentrations
of residential uses and open spaces where similar development appears
likely to occur. The standards for this district are designed to stabilize
and protect the essential character of the area so designated and
to protect and encourage, insofar as compatible with the intensity
of land use, a suitable environment for family life. Development is,
therefore, limited from low to medium concentrations.
B.
Permitted uses in the R-2 District. A building and premises on any
lot in the R-2 Zone shall be used for the following purposes only:
(1)
Single-family dwelling.
(2)
Duplex.
(3)
Bed-and-breakfast.
(4)
Fraternity and sorority houses.
(5)
Home occupations, subject to the same conditions specified in
the RA Zone.
(6)
Storage of recreational vehicles, travel trailers, truck campers,
camping trailers, and self-propelled motor homes, subject to the same
conditions specified in the RA Zone.
(7)
Accessory uses customarily incidental to the uses listed above.
(8)
Townhouse-type attached single-family residences shall be permitted on small lots, provided the following conditions are complied with and are subject to Chapter 280, Land Subdivision:
(a)
The minimum lot size being 2,400 square feet.
(b)
The minimum lot width for attached family residences being 20
feet.
(c)
The minimum front yard setback shall be 15 feet, except the
setback for a garage or carport shall be not less than 20 feet.
(d)
Minimum setback on sides abutting other zones shall be 15 feet.
(e)
Minimum rear yard setback shall be 20 feet.
(f)
There shall be a side setback of seven feet from existing dwellings.
(g)
There shall be a minimum of 750 square feet of usable open space
per unit.
(h)
Where an aggregate of five or more units is constructed on any
given lot, the development shall include landscaping of the ground
level usable open space according to a landscaping plan approved by
the City's Community Development Department.
(i)
No storage or structures shall be permitted between the front
property line of the unit and the front building line.
(j)
There exist in the deeds for each unit a covenant for the maintaining
of the landscaping and for allowing entrance onto adjacent property
for the maintenance for each unit.
(9)
Condominium units subject to the provisions as outlined in the
Condominium Act which is cited as NMSA 1978, §§ 47-7A-1
to 47-7D-20.
(10)
Public parks and playgrounds.
(11)
Family child-care homes serving a minimum of five but not more
than 12 nonresidential children and state licensed.
(12)
Community adult residences, state licensed or state operated,
serving 10 or fewer persons.
(13)
Manufactured housing, consistent with NMSA 1978, § 3-21A-3.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII. Special uses shall be subject to site development plan requirements pursuant to § 450-132.
(1)
Hospitals.
(2)
Fraternal organization clubs.
(3)
Public schools, colleges and privately owned schools.
(5)
Churches.
(6)
Dwelling, multifamily including triplexes, apartment houses,
garden apartments or other types of multifamily dwellings but not
including motels or hotels. (See Appendix A.[2])
[2]
Editor's Note: Appendix A, Illustrations of Types of Multiple Dwellings, is included at the end of this chapter.
(7)
Art galleries and accessories.
(8)
Child-care center.
(9)
Community adult residences, state licensed or state operated,
serving 11 or more persons.
D.
Uses expressly prohibited.
(1)
Commercial uses, except for those uses specifically listed as
special uses or allowed under a home occupation. There shall be no
cannabis consumption area, commercial cannabis activity, or any portion
thereof, which requires a license pursuant to the New Mexico Cannabis
Regulation Act[3] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[3]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial uses.
(3)
Parking or storage of tractor trailers, semitrailers, trailers,
school buses, but not limited to other or larger commercial vehicles
over 10,000 pounds' gross weight.
(4)
Mobile homes.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. Each lot in the R-2 Zone shall contain a minimum area
of not less than 7,000 square feet.
(2)
Lot dimensions. Each lot in the R-2 Zone shall have a minimum
width of not less than 70 feet. Each lot or parcel of land shall have
a minimum depth of 100 feet.
(3)
Population density. There shall be a minimum of 1,200 square
feet for each family unit.
(5)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. Each lot or parcel of land shall have a front yard
extending across the full width of the lot or parcel, said yard to
have a minimum depth of 15 feet as measured at right angles from the
front property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, said yard
to be open from the ground to the sky, and said yard shall not be
less than seven feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel
extending across the full width of the lot, said yard to have a minimum
depth of not less than 15 feet.
(6)
Height limitation. No buildings or structures in the R-2 Zone
shall have a height of more than four stories or 60 feet, whichever
is less.
[Amended 2-26-1981 by Ord. No. 75-33; 1-21-1988 by Ord. No. 76-19; 3-14-2001 by Ord. No. 01-4; 3-19-2003 by Ord. No. 03-03]
A.
Purpose. This zone is intended to provide for the development of
single-family homes, duplexes, and mobile homes where all public utilities
are immediately available or can be readily obtained.
B.
Permitted uses in the R-3 Zone:
(1)
Single-family dwellings.
(2)
Public parks and playgrounds.
(3)
Duplexes and triplexes when they are conversions of older single-family
residences.
(4)
Mobile homes.
(5)
Storage of recreational vehicles, travel trailers, truck campers,
camping trailers, and self-propelled motor homes subject to the conditions
in the RA Zone.
(6)
Accessory uses customarily incidental to the uses listed above.
(7)
Home occupations, provided that the same conditions as are listed
in the RA Zone are met.
(8)
Bed-and-breakfast.
(9)
Family child-care home with a minimum of five but not more than
12 nonresidential children.
(10)
Community adult residences, state licensed or state operated,
serving 10 or fewer persons.
C.
Uses requiring special use permits. Permissible by the Board of Adjustment after a public hearing and subject to appropriate conditions and safeguards in accordance with the provisions contained in Article VII. Special uses subject to site plan development requirement criteria pursuant to § 450-132.
(1)
Hospitals.
(2)
Fraternal organization clubs.
(4)
Public utilities.
(5)
Churches.
(6)
Dwellings, multifamily, including triplexes, apartment houses,
garden apartments or other types of multifamily, but not including
motels or hotels.
(7)
Art galleries and accessories.
(8)
Child-care center.
(9)
Community adult residences, state licensed or state operated,
serving 11 or more persons.
(10)
Mobile home parks, provided the standards outlined below are
followed:
(a)
Three copies of an overall development plan shall be submitted
to the Community Development Department showing proposed land uses
for the entire area defined in the mobile home park. Additionally,
this plan shall show the numerical designation or street name and
number of each mobile home site in the park. Said plan shall also
include utilities certification block which shall contain signatures
for all utilities indicating that provisions for utility easements
are adequate for the mobile home park and said plan shall include
a City acceptance block signed by the City Manager and Community Development
Director indicating that the plan is approved and accepted by the
City of Las Vegas.
(b)
The minimum area for any such development shall not be less
than one acre.
(c)
The mobile home park shall provide spaces that are well defined
and delineated. Minimum lot size per mobile home unit shall be determined
by the developer and must meet requirements outlined above.
(e)
The distance between any trailer and the front or rear property
line of the trailer park shall be a minimum of 10 feet. There need
not be any setback from the rear property line when adjacent to an
alley.
(f)
The distance between any trailer and the side property lines
of the trailer park shall be a minimum of seven feet.
(g)
The distance between any trailer and any building within the
trailer park limits shall be a minimum of 20 feet.
(h)
There shall be at least one off-street parking space for each
trailer on or abutting the lot on which the trailer is placed.
(i)
The mobile home park shall be located on a well-drained site and graded to ensure proper drainage of the site and shall meet the requirements set forth in Chapter 212, Drainage. The park shall be graded to control the increased runoff for a 100 per year frequency storm and may include catch basins or ponding areas for controlled entry of water into natural drainageways or storm sewers to insure that the increase does not overload the system, or cause damage to property and areas at lower elevations.[3]
(j)
Within the mobile home park, all private local streets shall have a minimum graveled roadway of 24 feet. Private collector streets shall have a minimum of 30 feet. All public streets shall observe right-of-way requirements and subdivision design standards set forth in Chapter 280, Land Subdivision, Article VI, Design Standards, of the Las Vegas City Code.
(k)
All mobile home parks shall have direct access into a paved,
dedicated public street.
(l)
All driveways and walkways within the mobile home park shall
be hard-surfaced and shall be lighted during the hours of darkness.
(m)
All mobile home parks shall be accessible to water, sewage,
solid waste disposal, electricity and natural gas systems or the provisions
of such services if existing systems are not available.
(n)
Water supplies shall be adequate to permit the operation of
at least two, one-and-one-half-inch hose streams on any fire in a
mobile home park. The water supply may be derived from hydrants connected
to an underground water supply system, a reservoir or water supply
source of not less than 3,000 gallons, or Fire Department apparatus
equipped with a water tank(s). Hydrants shall be located along park
streets or public ways and located within 500 feet of all mobile home
sites.
(o)
All mobile homes shall be skirted with materials compatible
with the siding of the trailer unless the unit is situated at ground
level.
(p)
The perimeter of the park shall be landscaped within six months.
(q)
A development agreement ("agreement") between the mobile home
park developer and the City shall be signed and executed before any
construction begins. The agreement shall set forth a schedule of improvements
listing the required improvements and a time schedule for installation
of those improvements. A security shall be posted as a suitable guaranty
to insure compliance with City development standards. If a cash security
is offered, it shall be placed in an interest-bearing account and
refunded upon completion and City acceptance of scheduled improvements.
If a property bond is offered, a deed to the City shall be executed
before any construction begins. No trailers shall be moved into the
mobile home park until the following improvements are completed and
formally accepted by the City:
D.
Uses expressly prohibited:
(1)
Commercial uses, except for those uses specifically listed as
special uses or allowed under a home occupation. There shall be no
cannabis consumption area, commercial cannabis activity, or any portion
thereof, which requires a license pursuant to the New Mexico Cannabis
Regulation Act[4] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[4]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial uses.
(3)
Parking or storage of tractor trailers, semitrailers, trailers,
school buses but not limited to large commercial vehicles over 10,000
pounds' gross weight.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. The minimum lot area for each dwelling unit thereon
shall be 5,000 square feet.
(2)
Lot dimension. Each lot shall have a minimum width of 50 feet.
Each lot shall have a minimum depth of 100 feet.
(3)
Population density. There shall be a minimum of 5,000 square
feet of lot area for each single-family dwelling.
(4)
Gross density. There shall be up to 16 dwelling units per gross
acre
(5)
Yards.
(a)
Front yard. Each lot or parcel of land shall have a front yard
extending across the full width of the lot or parcel, said yard to
have a minimum depth of 15 feet as measured at right angles from the
property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, said yard
to be open from the ground to the sky, and said yard shall not be
less than five feet in width.
(6)
Height limitations. The height of the buildings or structures in the R-3 Zone shall not exceed two stories or 30 feet, whichever is less, except as provided in § 450-35 of this chapter.
(8)
Mobile homes shall be skirted with materials acceptable with
the siding of the mobile home within six months unless the unit is
situated at ground level.
(9)
When applying for a building permit in this district, a landscaping
plan shall be submitted to and approved by the Community Development
Department, indicating:
(a)
All land areas, which are to be unpaved or not covered, by buildings;
(b)
Ground cover materials, including shrubs, turf, or native grass,
or other appropriate ground cover and trees shall be included as part
of each landscaping plan;
(c)
Visual screening materials shall be planted in a five-foot-wide
buffer strip along property lines where conflicting land uses such
as conventionally built homes and mobile homes are on adjacent properties.
This buffer strip shall be maintained at a height of no more than
six feet by the property owner.
(d)
The location, size, and type of all aboveground and underground
utilities and structures with proper notation of any safety hazards
to avoid during landscaping installation.
(e)
All plant material shall be healthy and in place prior to issuance
of a building permit. A temporary permit may be issued without the
installation, provided written assurances are given that the planting
will take place when the proper season arrives.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to provide for the development of
limited commercial enterprises in the neighborhood areas in which
they are situated in order to supply convenience goods and services
to the residents of these neighborhood areas.
B.
Permitted uses in the C-1 District.
(1)
Apartments are allowable in multistory buildings.
(2)
Institutions.
(a)
Church or other place or worship, including incidental recreation
and educational facilities.
(b)
Museums and libraries.
(c)
Public buildings and uses operated for public purposes, provided
such buildings are designed and constructed in such a manner that
the character of the area is not altered.
(d)
Schools and colleges, together with the necessary facilities
and equipment to insure their proper operation.
(3)
Offices, business and professional.
(4)
Public utilities or utilities operated by mutual agencies consisting
of water wells, gas metering and regulating stations, telephone exchanges,
booster stations or conversion plants with the necessary buildings,
apparatus or appurtenances incident thereto, but not including distribution
mains, provided any buildings necessary to such utilities are similar
in design and structure to other buildings in the area of the proposed
use.
(5)
Retail sales of the following goods:
(a)
Art or antique shops, provided that all activities shall be
conducted within a completely enclosed building and no outdoor storage
shall be permitted.
(b)
Bakery goods shop or confectionery store wherein a majority
of the products are sold on premises and at retail.
(c)
Books, magazines, newspapers, stationary stores.
(d)
Clothing, shoes, dry goods.
(e)
Cosmetic, notions, hobby supplies.
(f)
Drugs, medical supply.
(g)
Flowers and plants.
(h)
Food and drink for consumption on premises, but not drive-in
restaurants.
(i)
Gasoline, oil, liquefied petroleum gas for vehicular sales.
(j)
Convenience grocery stores.
(k)
Sporting goods.
(6)
Services.
(a)
Bicycle, and motorized bicycle repairing.
(b)
Banking or financial institutions.
(c)
Barber shops, beauty shop, shoeshine stand, or other such personal
service establishment.
(d)
Day-care center.
(e)
Dry cleaning, laundry, clothes pressing, provided:
[1]
Inflammable or combustible materials shall not be used in any
cleaning process.
[2]
All activities shall be conducted within a completely enclosed
building and no outdoor storage shall be permitted.
[3]
Such agency or establishment shall be operated principally as
a retail business.
[4]
That portion of the building in which any cleaning process shall
be done shall be at least 50 feet from any R-1, R-2, RA or RR Zone.
(f)
Medical or dental clinics.
(g)
Photography studio.
(h)
Repair of shoes, household equipment.
(i)
Service station for automobiles, provided it complies with the
following requirements:
[1]
Any tube or time repairing, battery charging or the like shall
be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside a building, a
solid wall or fence or a compact evergreen hedge at least six feet
high shall be maintained between such activity and any abutting or
contiguous R-1, R-2, RA or RR Zone.
(j)
Tailoring and dressmaking.
(k)
Pet grooming parlors, pet shops. All business service or processing shall be conducted wholly within a completely enclosed building. Pet grooming parlors and pet shops shall comply with the provisions of Chapter 118, Animals, of the Code of the City of Las Vegas.
[Added 2-13-2001 by Ord. No. 99-37]
(7)
Signs for advertising, identification or direction pertaining
to a use conducted within a building, provided:
(a)
The sign is located entirely on private property and no part
of which shall extend over a sidewalk or property line.
(b)
The sign is so located as not to reflect into any RR, RA, R-1,
R-2 or any residential portion of PC, RH1, or CH1 Zones.
(c)
A freestanding sign does not exceed 25 square feet.
(d)
A sign attached to a building or wall does not protrude more
than 4 1/2 feet from the wall of the building and no point of
which is lower than eight feet from the ground and does not extend
beyond the property line or over the sidewalk.
C.
Uses requiring special use permit.
(1)
Automobile sales and services, new and used.
(2)
(3)
One single-family dwelling on any lot or parcel of land in the
C-1 Zone may be permitted, provided that said dwelling shall be used
only by the owner or lessee of the lot or parcel on which said dwelling
is erected or is to be erected, or by an employee of said owner or
lessee, said dwelling to be used only in conjunction with any commercial
use permitted under the terms of this section.
(4)
Private clubs and country clubs.
D.
Uses expressly prohibited.
(1)
Agricultural, cannabis consumption area or commercial cannabis
activity, or any portion thereof, which requires a license pursuant
to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial.
(3)
Residential.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Business in enclosed buildings. All business, services, or processing
shall be conducted wholly within a completely enclosed building, except
for the sale of automotive fuel, lubricants, and fluids at service
stations.
(2)
Production for sale at retail. All products produced on the
premises, whether primary or incidental, shall be sold at retail on
the premises where produced.
(3)
New merchandise. Goods for sale shall consist primarily of new
merchandise, except for goods customary to art, antique, or rare bookstores.
(4)
Height regulations. No principal structure shall exceed two
stories or 30 feet in height, whichever is less.
(5)
Lot area. None required, except that any lot or parcel in the
C-1 Zone, which is proposed to be developed to multifamily dwellings,
shall have a minimum area of 7,000 square feet.
(7)
Population density. When lots or parcels in a C-1 Zone are to
be developed to multifamily dwellings, each lot or parcel shall have
sufficient area to provide 1,200 square feet of area for each family
unit proposed to be erected.
(8)
Yards.
(a)
Front yard: 25 feet minimum.
(b)
Side yard: five feet minimum, except when adjoining an R District.
In cases where the height of a proposed structure on such lot in the
less restricted district abutting an R District is greater than the
maximum height permitted in the adjoining more restricted district,
the minimum depth or width of the side yard, rear yard or court for
such structure shall be determined by increasing the minimum width
or depth for the highest structure permitted in such more restricted
district by one foot for each two feet by which the proposed structure
exceeds the maximum height permitted in said more restricted district.
(c)
Rear yard: 20 feet.
(d)
Corner lot. Corner lots shall have the same minimum front yard
requirements on each street side of the lot.
(e)
The Board of Adjustment may grant a 10% variance of the area,
yard and width requirements as long as building code regulations are
met.
(9)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
(11)
Loading. Every commercial building hereafter erected or established
in a C-1 Zone shall have and maintain an off-street loading and unloading
area for the convenience of motor vehicles providing service to the
commercial use so established.
(12)
Lighting. When a lighting system is provided to illuminate parking
areas, open storage areas, buildings, or other areas, such lighting
system shall be installed in a manner that any glare from the system
shall be reflected downward and away from any adjacent or nearby residential
areas.
(13)
Solid waste collection. Every commercial activity hereafter
established must include in their plans a specific location of waste
receptacle(s), established service route and a designated loading
pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstructions such as poles, low hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
ingress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The loading pad will be enclosed on three sides with blocked walls.
The minimum size shall accommodate one three-cubic-yard container.
Minimum measurements of the enclosure should be 6 1/2 feet in
width, five feet in height and five feet in depth. Actual size should
not be determined prior to consulting with City solid waste officials,
since size will depend primarily on service required.
(d)
The City will not be liable for damage to either the route way
of loading pad as a result of the basic service routine.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to permit the development of unlimited
commercial uses and services and to serve as a central trading area
for the City. The facilities provided for here are those that should
not be dispersed into smaller and more intimate shopping areas.
B.
Permitted uses in the C-2 District.
(1)
(2)
Auction houses, not including animal auctions.
(3)
Eating and drinking places, including bars, restaurants, and
cocktail lounges.
(5)
Hotels and motels.
(7)
Mortuaries.
(8)
Offices, business and professional.
(9)
Public utilities or utilities operated by mutual agencies consisting
of water wells, gas metering and regulating stations, telephone exchanges,
booster stations or conversion plants with the necessary building,
apparatus or appurtenances incident thereto, but not including distribution
mains, provided any buildings necessary to such utilities are similar
in design and structure to other buildings in the area of proposed
use.
(10)
Radio or television studio or station.
(11)
Retail sales.
(a)
Appliance stores, household.
(b)
Automobile, truck and trailer sales and rental agencies.
(c)
Automobile supply stores, new and used.
(d)
Bicycle, scooter and similar vehicle sales and rentals.
(e)
Boat and other marine sales.
(f)
Building material dealers.
(h)
Department stores.
(i)
Dry good stores.
(j)
Feed and grain stores.
(k)
Furniture stores.
(l)
Hardware stores.
(m)
Newsstands.
(n)
Paint and wallpaper stores.
(o)
Plumbing shops, but not plumbing contractors' yards.
(p)
Secondhand stores.
(r)
Supermarkets.
(12)
Services.
(a)
Automobile laundry, car wash.
(b)
Bookbinding.
(c)
Cleaning and dyeing agencies, including incidental spotting,
sponging, pressing and repairs.
(d)
Employment agencies.
(e)
Interior decorating shops.
(f)
Laundries, self-service.
(g)
Laundry agencies.
(h)
Services station for automobiles, provided it complies with
the following requirements:
[1]
Any tube or time repairing, battery charging or
the like shall be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside the
building, a solid wall, fence, or a compact evergreen hedge at least
six feet high shall be maintained between such activity and any abutting
or contiguous R-1, R-2, RA or RR Zone.
(i)
Shoe repair shops.
(j)
Tailor shops.
(k)
Typewriter repair shops.
(13)
Signs for advertising, identification or direction pertaining
to a use conducted within a building, provided:
(a)
The sign is located entirely on private property and no part
of which shall extend over a sidewalk or property line.
(b)
The sign is so located as not to reflect into any RR, RA, R-1,
R-2 or any residential portion of PC, RH1, or CH1 Zones.
(c)
A freestanding sign does not exceed 25 square feet.
(d)
A sign attached to a building or wall does not protrude more
than 4 1/2 feet from the wall of the building and no point of
which is lower than eight feet from the ground and does not extend
beyond the property line or over the sidewalk.
(14)
Stations, bus, railroad, and taxi.
(15)
Transfer companies for furniture and household goods.
C.
Uses requiring special use permit.
(1)
Apartments will be allowed as a secondary usage to a commercial
use in a building when an adequate, separate access is provided to
the secondary usage.
(2)
Cannabis consumption area or cannabis retailer, which requires
a license pursuant to the New Mexico Cannabis Regulation Act[3] (“CRA”), at least 300 feet from zones RA,
RR, R-1, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[3]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Day care or boarding of children.
(4)
One single-family dwelling on any lot or parcel of land in the
C-2 Zone may be permitted, provided that said dwelling shall be used
only by the owner or lessee of the lot or parcel on which said dwelling
is erected or is to be erected, or by an employee of said owner or
lessee, said dwelling to be used only in conjunction with any commercial
use permitted under the terms of this section. Mobile homes will not
be included as dwelling units in the C-2 District.
(5)
The renting of rooms and/or the providing of table board, not
to exceed six paying guests.
(6)
Automobile off-site sales or otherwise known as supplement lots
for the sale of automobiles by a hosting dealer or organization. Such
off-site sales shall be permitted under a special use permit, provided
compliance with the following requirements:
[Added 2-18-2004 by Ord. No. 04-04]
(a)
All persons, firms, corporations or associations of any character
requesting an automobile off-site sales license to engage in the sale
of more than four motor vehicles shall be licensed as a dealer, as
defined by the State of New Mexico Vehicle Code (NMSA 1978, § 66-1-1
et seq.).
(b)
Off-site sales are permitted in C-2 or C-3 Zones by first obtaining
a special use permit from the City of Las Vegas Board of Adjustment.
(c)
Maximum length of time of event is not to exceed three days.
(d)
Hosting dealers, organizations or others, as defined herein,
shall provide a full detailed letter of intent requesting approval
for automobile off-site sales. The letter shall include location,
number of vehicles held for sale, specific dates of event, proposed
hours of operation. This information shall also be provided on the
City's application form for this purpose. All requests must be submitted
30 days prior to the hearing by the Board of Adjustment.
(e)
All vehicle dealers, other than motorcycles dealers, within
the City of Las Vegas will be solicited by the hosting dealer and
provided the opportunity to offer vehicles for sale at the proposed
location. Participant dealer fees shall not be greater than a fair
share of actual expenses incurred by the host dealer. Such requests
shall be in the form of certified mail. Copies of all said letters
and return receipts shall be provided to the City of Las Vegas Community
Development Department staff 14 days prior to the Board of Adjustment
hearing.
(f)
A complete listing and current dealer licenses for all dealers
accepting an invitation to participate shall be provided to the City
14 days prior to the hearing.
(g)
Provided the special use permit is granted by the Board of Adjustment,
the host dealer shall obtain a City of Las Vegas business registration/license
indicating site inspection and approval by the Las Vegas Fire Department
and zoning approval by the Community Development Department.
(i)
The host dealer shall provide a copy of the lease agreement
with the current, legal owner of the property or a copy of the deed
showing proof of ownership for the off-site location.
(j)
A copy of the liability insurance policy for every participating
dealership, including the host dealer, covering the off-site location
and the specific dates of the off-site sales event.
(k)
A rider to the bond for every participating dealer covering
the off-site location and specific sales dates.
(l)
Automobile off-site sales business regulation fees shall be
$110 per day, shall be paid upon the issuance of a business registration.
(m)
All other State of New Mexico vehicle requirements, including
permits and licenses, shall be furnished to the City of Las Vegas
prior to the sales event.
(n)
The City of Las Vegas may, when any person, firm or corporation
holding a special use permit under the provision hereof has been adjudged
guilty of violating any City ordinance in relation hereto by any court
of competent jurisdiction, revoke the license after due notice and
hearing and is further subject to penalties and fines as defined by
City ordinance.
(7)
Small
brewery.
[Added 10-19-2011 by Ord. No. 11-17]
(8)
Domestic
winery.
[Added 10-19-2011 by Ord. No. 11-17]
(9)
Craft
distillery.
[Added 10-19-2011 by Ord. No. 11-17]
D.
Uses expressly prohibited.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Business in enclosed buildings. All business, services, or processing
shall be conducted wholly within a completely enclosed building, except
for the sale of automotive fuel, lubricants, and fluids at service
stations, and such other outdoor display or storage of vehicles, materials
and equipment as hereinbefore specifically authorized or as may be
authorized by the Board.
(2)
Production for sale at retail. All products produced on the
premises, whether primary or incidental, shall be sold at retail on
the premises where produced.
(3)
Use must be nonobjectionable. Processes and equipment employed
in goods processed or sold shall be limited to those which are not
objectionable by reason of odor, dust, smoke, cinders, gas, fumes,
noise, vibration, refuse matter or water-carried waste.
(4)
New merchandise. Goods for sale shall consist primarily of new
merchandise, except for goods customary to art, antique, or rare bookstores.
(5)
Lot area. No minimum required.
(6)
Lot dimensions. No minimum required.
(7)
Population density. None, residential development not permitted
in this zone.
(8)
Yards. None required except where a lot or parcel in the C-2
Zone is adjacent to a residential zone, the required yards in the
residential zone shall prevail on the adjacent commercial lot or parcel.
(10)
Loading. Every commercial building hereafter erected or established
in a C-2 Zone shall have and maintain an off-street loading and unloading
area for the convenience of motor vehicles providing service to the
commercial use so established.
(11)
Lighting. See same as the C-1 Zone.
(12)
Height regulation. No principal structure shall exceed three stories or 45 feet in height, unless otherwise permitted by the Commission and/or the Design Review Board, if applicable. These regulations shall not apply to structures cited in § 450-37.
[Amended 5-19-2004 by Ord. No. 04-09]
(13)
Solid waste collection. Every commercial activity hereafter
established must include in their plans a specific location of waste
receptacle(s), established service route and a designated loading
pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstructions such as poles, low-hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
ingress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The loading pad will be enclosed on three sides with blocked walls.
The minimum size shall accommodate one three-cubic-yard container.
Minimum measurements of the enclosure should be 6 1/2 feet in
width, five feet in height and five feet in depth. Actual size should
not be determined prior to consulting with City solid waste officials,
since size will depend primarily on service required.
(d)
The City will not be liable for damage to either the route way
of loading pad as a result of the basic service routine.
(14)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
[Amended 8-17-1983 by Ord. No. 72-5]
A.
Purpose. This zone is intended to provide for those retail businesses
and services which require a location other than the Central Business
District, being either highway-oriented or requiring larger tracts
of land not normally available in the Central Business District.
B.
Permitted uses in the C-3 District.
(1)
Any use permitted in C-1.
(2)
Auction houses.
(3)
Eating and drinking places, including bars, drive-in restaurants,
and cocktail lounges.
(4)
Entertainment, but not within 75 feet of any R District:
(5)
Hotels and motels.
(7)
Mobile home parks.
(a)
Three copies of an overall development plan shall be submitted
to the Community Development Department showing proposed land uses
for the entire area defined in the mobile home park. Additionally,
this plan shall show the numerical designation or street name and
number of each mobile home site in the park. Said plan shall also
include a utilities certification block which shall contain signatures
for all utilities indicating that provisions for utility easements
are adequate for the mobile home park and said plan shall include
a City acceptance block signed by the City Manager and Community Development
Director indicating that the plan is approved and accepted by the
City of Las Vegas.
[Amended 2-26-1987 by Ord. No. 75-33]
(b)
The minimum area for any such development shall not be less
than one acre.
(c)
The mobile home park shall provide spaces that are well defined
and delineated. Minimum lot size per mobile home unit shall be determined
by the developer and must meet requirements outlined above.
(e)
The distance between any trailer and the front or rear property
line of the trailer park shall be a minimum of 10 feet. There need
not be any setback from the rear property line when adjacent to an
alley.
(f)
The distance between any trailer and the side property lines
of the trailer park shall be a minimum of seven feet.
(g)
The distance between any trailer and any building within the
trailer park limits shall be a minimum of 20 feet.
(h)
There shall be at least one off-street parking space for each
trailer on or abutting the lot on which the trailer is placed.
(i)
The mobile home park shall be located on a well-drained site and graded to ensure proper drainage of the site and shall meet the requirements set forth in Chapter 212, Drainage. The park shall be graded to control the increased runoff for a one-hundred-year frequency storm and may include catch basins or ponding areas for controlled entry of water into natural drainageways or storm sewers to insure that the increase does not overload the system, or cause damage to property and areas at lower elevations.[2]
(j)
Within the mobile home park, all private local streets shall have a minimum graveled roadway of 24 feet. Private collector streets shall have a minimum of 30 feet. All public streets shall observe right-of-way requirements and subdivision design standards set forth in Chapter 280, Land Subdivision, Article VI, Design Standards, of the Las Vegas City Code.
(k)
All mobile home parks shall have direct access into a paved,
dedicated public street. If temporary recreational vehicle parking
is permitted within the mobile home park, there shall be direct access
into a state or federal highway.
(l)
All driveways and walkways within the mobile home park shall
be hard-surfaced and shall be lighted during hours of darkness.
(m)
All mobile home parks shall be accessible to water, sewerage,
solid waste disposal, electricity and natural gas systems or the provision
of such services if existing systems are not available.
(n)
Water supplies shall be adequate to permit the operation of
at least two, one-and-one-half-inch hose streams on any fire in a
mobile home park. The water supply may be derived from hydrants connected
to any underground water supply system, a reservoir or water supply
source of not less than 3,000 gallons, or a Fire Department apparatus
equipped with a water tank(s). Hydrants shall be located within 500
feet of all mobile home sites.
(o)
All mobile homes shall be skirted with materials compatible
with the siding of the trailer unless the unit is situated at ground
level.
(p)
The perimeter of the park shall be landscaped within six months.
(q)
A development agreement ("agreement") between the mobile home
park developer and the City shall be signed and executed before any
construction begins. The agreement shall set forth a schedule of improvements
listing the required improvements and a time schedule for installation
of these improvements. A security shall be posted as a suitable guarantee
to insure compliance with City development standards. If a cash security
is offered, it shall be placed in an interest-bearing account and
refunded upon completion and City acceptance of scheduled improvements.
If a property bond is offered, a deed to the City shall be executed
before any construction begins. No trailers shall be moved into the
mobile home park until the following improvements are completed and
formally accepted by the City:
[Amended 1-19-1989 by Ord. No. 77-33]
(8)
Mortuaries.
(9)
Offices, business and professional.
(10)
Public utilities or utilities operated by mutual agencies consisting
of water wells, gas metering and regulating stations, telephone exchanges,
booster stations or conversion plants with the necessary buildings,
apparatus or appurtenances incident thereto, but not including distribution
mains, providing any such utilities are similar in design and structure
to other buildings in the area of proposed use.
(12)
Services.
(a)
Automobile laundry, car wash.
(c)
Building trades or equipment yards, provided no assembly, construction,
millwork, or concrete manufacture is done on the premises.
(d)
Laundries, self service.
(e)
Service stations for automobiles, provided it complies with
the following requirements:
[1]
Any tube or time repairing, battery charging or
the like shall be conducted within a completely enclosed building.
[2]
There shall be no outside storage of any kind.
[3]
If any lubricating or washing is done outside a
building, a solid wall or fence at least six feet high shall be maintained
between such activity and any abutting or contiguous R-1, R-2, RA
or RR Zone.
(f)
Truck stops.
(g)
Recycling centers, for the receiving of aluminum, glass, brass,
copper, and nonferrous metals. One per location, provided it complies
with the following requirements:
[1]
Business must be conducted within a wholly enclosed
building of solid body trailer, semitrailer, or similar type of storage
unit. (Pickup trucks will not be considered acceptable for this type
of use.)
[2]
There shall be no outside storage of any kind.
[3]
If any aspect of the business needs to be conducted
outside, all materials collected shall be immediately placed in the
enclosed building or storage unit at the site.
[4]
If not wholly conducted within an enclosed building,
or solid body semitrailer, equipment, materials, and storage unit
must be removed from the site at the end of each day of operation,
and the site must be thoroughly cleaned and free of any evidence of
operation.
[5]
Permitted locations shall include flea markets,
shopping centers, or existing businesses, provided that they meet
the requirements listed herein.
[6]
A separate business license and fee of $60 required.
[7]
There shall be no encroachment upon any public
right-of-way.
[8]
If the licensee is given notice of violation of
any of the provisions of this chapter, a warning citation shall be
issued and compliance must follow within 48 hours of the receipt of
the citation. If compliance is not obtained within the forty-eight-hour
period as stated herein, the City reserves the right to immediately
revoke the business license of the licensee, and to require all operations
of the licensee to cease.
(13)
Signs for advertising, identification or direction pertaining
to a use conducted within a building, provided:
[Amended 1-19-1989 by Ord. No. 77-31]
(a)
The sign shall be located entirely on private property with
a ten-foot minimum setback from the property line.
[Amended 1-19-1989 by Ord. No. 77-31]
(b)
The sign is so located as to not reflect into any RR, RA, R-1,
R-2, R-3 or any residential portion of a PC, RH1, or CH1 Zone.
(c)
A freestanding sign does not exceed 100 square feet.
[Amended 1-19-1989 by Ord. No. 77-31]
(d)
A sign attached to a building or wall does not protrude more
than 4 1/2 feet from the wall of the building and no point of
which is lower than eight feet from the ground and does not extend
beyond the property line or over the sidewalk.
(14)
Stations, bus or taxi.
(15)
Trade or business schools, provided that machinery which is
used for instruction is not objectionable due to noise, fumes, smoke,
odor, or vibration.
(16)
Animal hospitals, provided that any enclosures or buildings
in which the animals are kept shall be at least 100 feet from any
R District (other than an RA District) and exercise runs shall be
enclosed on four sides by a fence or wall at least five feet in height.
[Amended 2-26-1987 by Ord. No. 75-33]
C.
Uses requiring special use permits.
(2)
Bottling plant.
(3)
Dwellings.
[Amended 8-18-1988 by Ord. No. 77-6]
(a)
One single-family dwelling on any lot or parcel of land in the
C-3 Zone may be permitted, provided that said dwelling shall be used
only by the owner or lessees of the lot or parcel on which said dwelling
is erected or is to be erected, or by an employee of said owner or
lessee, said dwelling to be used only in conjunction with any commercial
use permitted under the terms of this section.
(b)
A mobile home (except recreational vehicles, sports trailers
and campers) may be permitted as a caretaker dwelling if at least
50% of the existing surrounding area in a one-fourth-mile radius have
mobile homes in this capacity, or the location is in an undeveloped
area. Under no circumstances will this type of use be allowed in already
developed heavy commercial areas where no mobile homes are being used
in this capacity.[5]
(4)
Rodeo grounds.
(5)
Sewage disposal plants.
(6)
Flea markets, provided that the following requirements are met:
(a)
Any sanitary facilities necessary for the safe, healthy operation
of the activity are approved by the NM Environmental Improvement Division.
(b)
All electrical usage by the applicant or his tenants will require
an electrical inspection and permit.
(c)
The site shall be kept clear of all debris.
(d)
Public parking for the exclusive use of the facility shall be
provided. The parking area shall be hard surfaced and maintained to
provide one parking space per issued space. It shall be the responsibility
of the applicant to guide patrons to these areas and to prevent unlawful
parking.
(e)
A cash bond for a minimum of $25 will be posted by the applicant
to insure the repair of any damage to public right-of-way as a result
of the use.
(f)
Serving of alcoholic beverages will not be permitted.
(g)
Flea markets shall not be allowed to make available their premises
for the sale of domestic farm animals.
(7)
Automobile off-site sales or otherwise known as supplement lots
for the sale of automobiles by a hosting dealer or organization. Such
off-site sales shall be permitted under a special use permit, provided
compliance with the following requirements:
[Added 2-18-2004 by Ord. No. 04-04]
(a)
All persons, firms, corporations or associations of any character
requesting an automobile off-site sales license to engage in the sale
of more than four motor vehicles shall be licensed as dealer, as defined
by the State of New Mexico Vehicle Code (NMSA 1978, § 66-1-1
et seq.).
(b)
Off-site sales are permitted in C-2 or C-3 Zones by first obtaining
a special use permit from the City of Las Vegas Board of Adjustment.
(c)
Maximum length of time of event is not to exceed three days.
(d)
Hosting dealers, organizations or others, as defined herein,
shall provide a full, detailed letter of intent requesting approval
for automobile off-site sales. The letter shall include location,
number of vehicles held for sale, specific dates of event, proposed
hours of operation. This information shall also be provided on the
City's application form for this purpose. All requests must be submitted
30 days prior to the hearing by the Board of Adjustment.
(e)
All dealers, other than motorcycle dealers, within the City
of Las Vegas will be solicited by the hosting dealer and provided
the opportunity to offer vehicles for sale at the proposed location.
Participant dealer fees shall not be greater than a fair share of
actual expenses incurred by the host dealer. Such requests shall be
in the form of certified mail. Copies of all said letters and return
receipts shall be provided to the City of Las Vegas Community Development
Department staff 14 days prior to the Board of Adjustment hearing.
(f)
A complete listing and current dealer license for all local
dealers accepting an invitation to participate shall be provided to
the City 14 days prior to the hearing.
(g)
Provided the special use permit is granted by the Board of Adjustment,
the host dealer shall obtain a City of Las Vegas business registration/license
indicating site inspection and approval by the Las Vegas Fire Department
and zoning approval by the Community Development Department.
(i)
The host dealer shall provide a copy of the lease agreement
with the current, legal owner of the property or a copy of the deed
showing proof of ownership for the off-site location.
(j)
A copy of the liability insurance policy for every participating
dealership, including the host dealer, covering the off-site location
and the specific dates of the off-site sales event.
(k)
A rider to the bond for every participating dealer covering
the off-site location and specific sales dates.
(l)
Automobile off-site sales business regulation fees shall be
$110 per day and shall be paid upon the issuance of a business registration.
(m)
All other State of New Mexico motor vehicle requirements, including
permits and licenses, shall be furnished to the City of Las Vegas
prior to the sale event.
(n)
The City of Las Vegas may, when any person, firm or corporation
holding a special use permit under the provisions hereof has been
adjudged guilty of violating any City ordinance in relation hereto
by any court of competent jurisdiction, revoke the license after due
notice and hearing and is further subject to penalties and fines as
defined by City ordinances.
(8)
Small
brewery.
[Added 10-19-2011 by Ord. No. 11-17]
(9)
Domestic
winery.
[Added 10-19-2011 by Ord. No. 11-17]
(10)
Craft distillery.
[Added 10-19-2011 by Ord. No. 11-17]
D.
Uses expressly prohibited. Except as provided under special use permits,
the following uses are expressly prohibited:
[Amended 4-20-2011 by Ord. No. 11-10]
E.
Development standards. The following required conditions shall apply:
(1)
Business in enclosed buildings. All business, services, or processing
shall be conducted wholly within a completely enclosed building, except
for the sale of automotive fuel, lubricants and fluids at service
stations, and such other outdoor display or storage of vehicles, materials
and equipment as hereinbefore specifically authorized or as may be
authorized by the Commission.
(2)
Production for sale at retail. All products produced on the
premises, whether primary or incidental, shall be sold at retail on
the premises where produced.
(3)
Use must be nonobjectionable. Processes and equipment employed
in goods processed or sold shall be limited to those which are not
objectionable by reason of odor, dust, smoke, cinders, gas fumes,
noise, vibration, refuse matter or water-carried waste.
(4)
New merchandise. Goods for sale shall consist primarily of new
merchandise.
(5)
Height regulations. No principal structure shall exceed three stories or 45 feet in height, unless otherwise permitted by the Commission. (These regulations shall not apply to structures cited in § 450-37.)
[Amended 5-19-2004 by Ord. No. 04-09]
(6)
Lot area. None required.
(7)
Lot dimensions. Lot width and depth: none required.
(8)
Population density. When lots or parcels in a C-3 Zone are to
be developed as mobile home parks, each space shall be not less than
1,500 square feet with a minimum width of 30 feet.
(10)
Corner lots. Corner lots shall have the same minimum front yard
requirement on each street side of the lot.
(12)
Loading. Every commercial building hereafter erected or established
in the C-3 Zone shall have and maintain an off-street loading and
unloading area for the convenience of motor vehicles providing services
to the commercial use so established.
(13)
Lighting. Same as the C-1 Zone.
(14)
The Board of Adjustment may grant a 5% variance to the area,
yard and width requirements, as long as building codes are met.
(15)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect within five feet of the adjacent property line a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be allowed to grow to the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be permitted, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions of Article XI of this chapter.
(16)
Solid waste collections. Every commercial activity hereafter
established must include in their plans a specific location of waste
receptacle(s), established service route and a designated loading
pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstruction such as poles, low-hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
egress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The loading pad will be enclosed on three sides with blocked walls.
The minimum size shall accommodate one three-cubic-yard container.
Minimum measurements of the enclosure should be 6 1/2 feet in
width, five feet in height and five feet in depth. Actual size should
not be determined prior to consulting with City solid waste officials,
since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way
or loading pad as a result of the basic services routine.
[Amended 5-16-1984 by Ord. No. 72-39]
A.
Purpose. This zone permits offices, services and institutional nonresidential
use.
B.
Permitted uses in the O-1 District. A building and premises on any
lot in the O-1 Zone shall be used for the following purposes only:
(1)
Clinic or medical and dental offices, including incidental uses,
such as prescription drugs and supply shop, physiotherapy office or
shop for fabricating and fitting prosthetic or correcting devices,
or medical and dental laboratory.
(2)
One dwelling unit within a commercial structure where the total
area of the dwelling does not exceed 40% of the total floor area of
the structure.
(3)
Office within a structure or office building, including incidental
uses such as news, cigar or candy stand, restaurant or cafeteria,
personal service shop and the like, provided the incidental uses comply
with the following:
(a)
The use is intended primarily for the occupants of the structures;
(b)
At least 10,000 square feet (92.9 square meters) of floor area
are contained in the structure;
(c)
The use is limited to a maximum of 10% of the total floor area;
(d)
The use is so situated within the structure that it is not directly
accessible from a public way;
(e)
A sign or window display relating to the use is not discernible
from a public way.
(4)
Parking lot or structures for automobiles.
(5)
Photocopy or photography studio.
(6)
Artist studios or workshops.
(7)
Signs subject to the same conditions specified in the C-1 Zone.
C.
Uses requiring special use permit.
(1)
Single-family dwelling.
(2)
Duplex.
(3)
Multifamily dwelling, including triplexes, apartment houses,
garden apartments, etc., but not including motels, hotels, or other
types of multifamily dwellings generally associated with a commercial
enterprise.
(4)
Fraternity or sorority house.
(5)
Home occupations subject to the same conditions specified in
the RA Zone.
(6)
Storage of sports trailers and campers subject to the same conditions
specified in the RA Zone.
(7)
Townhouse-type attached single-family residences shall be permitted
on smaller lots, provided the following conditions are complied with:
(a)
The minimum lot size being 2,400 square feet;
(b)
The minimum lot width for attached family residences being 20
feet;
(c)
The minimum front yard setback shall be 15 feet except the setback
for a garage or carport shall be not less than 20 feet;
(d)
Minimum setbacks on sides abutting other zones shall be 15 feet;
(e)
Minimum rear yard setback shall be 20 feet;
(f)
There shall be a side setback of seven feet from existing dwellings;
(g)
There shall be a minimum of 750 square feet of usable open space
per unit;
(h)
Where an aggregate of five or more units is constructed on any
given lot, the development shall include landscaping of the ground
level usable open space according to a landscaping plan approved by
the Planning and Zoning Commission;
(i)
That no storage or structures shall be permitted between the
front property line of the unit and the front building line;
(j)
That there exists in the deeds for each unit a covenant for
the maintaining of the landscaping for the entrance onto adjacent
property for the maintenance of each unit.
(8)
Studios for instruction of music or dance.
(9)
Churches.
(10)
Public buildings.
(11)
Radio or television transmitter.
(12)
Public utilities structures.
D.
Uses expressly prohibited.
(1)
Agricultural, cannabis consumption area or commercial cannabis
activity, or any portion thereof, which requires a license pursuant
to the New Mexico Cannabis Regulation Act[1] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(2)
Industrial.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. Each lot or parcel shall have not less than 7,000
square feet.
(2)
Lot dimension. Each lot or parcel of land shall have a minimum
width of not less than 70 feet. Each lot or parcel shall have a minimum
depth of not less than 100 feet.
(3)
Population density. When lots or parcels are to be developed
to single-family residential, each dwelling unit shall have a minimum
of 7,000 square feet of lot area. When lots or parcels are to be developed
to multifamily dwellings, each lot or parcel shall have sufficient
area to provide 1,200 square feet of area for each family unit proposed
to be developed.
(4)
Yards. Same as adjoining zones; otherwise as follows:
(a)
Front. Each lot or parcel of land shall have a front yard extending
across the full width of the lot or parcel, said yard to have a minimum
depth of 20 feet as measured at right angles from the property line.
(b)
Side yard. There shall be a side yard on each side of the lot
or parcel extending from the front yard to the rear yard, yard to
be open from the ground to the sky, said yard shall not be less than
seven feet in width.
(c)
Rear yard. There shall be a rear yard on each lot or parcel
extending across the full width of the lot, said yard to have a minimum
depth of not less than 20 feet.
(5)
Height limitations. No building or structure in the O-1 Zone
shall have a height of more than four stories or 60 feet, whichever
is less.
(6)
Loading. Every commercial building hereafter erected or established
must have and maintain an off-street loading and unloading area for
the convenience of motor vehicles providing service to the commercial
use so established.
(7)
Lighting. When a lighting system is provided to illuminate parking
areas, open storage areas, buildings, or other areas, such lighting
system shall be installed in a manner that any glare from the system
shall be reflected downwards and away from any adjacent or nearby
residential areas.
(9)
Solid waste collection. Every commercial activity hereafter
established must include in their plans specific location of waste
receptacles, established service route and a designed loading pad
within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstructions such as poles, low-hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
egress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The pad will be enclosed on three sides with blocked walls. The minimum
size shall accommodate one three-cubic-yard container. Minimum measurements
of the enclosure should be 6 1/2 feet in width, five feet in
height and five feet in depth. Actual size should not be determined
prior to consulting with City solid waste officials, since size will
depend primarily on service required.
(d)
The City will not be liable for damage to either the route way
of loading pad as a result of the basic service routine.
[Amended 3-19-1984 by Ord. No. 72-27]
A.
Purpose. The Light Manufacturing Zone is intended to provide for
the development of industrial uses which include fabrication, manufacturing,
assembling or processing of materials that are in a processed form
and which do not, in their maintenance, assembly, manufacture, or
plant operating, create smoke, gas, odor, dust, sound, vibration,
soot or lighting to any degree which might be termed obnoxious or
offensive to persons residing in or conducting business in either
this or any other zoning district to the City.
B.
Permitted uses in the M-1 District.
(1)
Animal hospitals, veterinarian's offices, kennels and animal shelters, and which use shall comply with standards set forth in Chapter 118, Animals, of the Code of the City of Las Vegas.
[Amended 2-13-2001 by Ord. No. 99-37]
(2)
Automotive assembly, rebuilding or reconditioning.
(3)
Recycling receiving centers, for the receiving of aluminum,
glass, brass, copper, and nonferrous metals. One per location, provided
it complies with the following requirements:
[Added 1-19-1989 by Ord. No. 77-33]
(a)
Business must be conducted within a wholly enclosed building
of solid body trailer, semitrailer, or similar type of storage unit.
(Pickup trucks will not be considered acceptable for this type of
use.)
(b)
There shall be no outside storage of any kind.
(c)
If any aspect of the business needs be conducted outside, all
materials collected shall be immediately placed in the enclosed building
or storage unit at the site.
(d)
If not wholly conducted within an enclosed building, or solid
body semitrailer, equipment, materials, and storage unit must be removed
from the site at the end of each day of operation, and the site must
be thoroughly cleaned, and free of any evidence of operation.
(e)
Permitted locations shall include flea markets, shopping centers,
or existing businesses, provided that they meet the requirements listed
herein.
(f)
A separate business license and fee of $60 required.
(g)
There shall be no encroachment upon any public right-of-way.
(h)
If the licensee is given notice of violation of any of the provisions
of this chapter, a warning citation shall be issued and compliance
must follow within 48 hours of receipt of the citation. If compliance
is not obtained within the forty-eight-hour period as stated herein,
the City reserves the right to immediately revoke the business license
of the licensee and to require all operations of the licensee to cease.
(4)
Automatic screw machines.
(5)
Bakery goods.
(6)
Battery manufacturing.
(7)
Blacksmith shops.
(8)
Body and fender shops.
(9)
Bottling plants.
(10)
Building materials storage yards.
(11)
Cabinet and carpenter shops.
(12)
Candy manufacturing.
(13)
Dairy products manufacturing and processing.
(14)
Food products processing (excluding fish and meat products,
sauerkraut, vinegar, and rendering of fats and oils).
(15)
Feed and fuel yards.
(16)
Garment manufacturing.
(17)
Lumber yards, but not including planning mills.
(18)
Machine and metal shops, excluding stamping plants.
(19)
Plumbing contractor yards.
(20)
Repair garages for automobiles, trucks, boats, etc.
(21)
Rubber and metal stamp manufacturing.
(22)
Shoe manufacturing.
(23)
Stone monument work.
(24)
Service industries such as carpet and rug cleaning plants, cleaning
and dying plants, laundries, etc.
(25)
Transportation and equipment yard and storage space for transit.
(26)
Tire retreading, recapping, and rebuilding.
(28)
Railroad tracks and yards.
(29)
Signs subject to same conditions as specified in the C-3 Zone.
(30)
Transfer station. An intermediate destination structure and
operation designed for the purpose of receiving refuse, separating
recyclables and preparing the refuse for shipment and disposal at
a New Mexico permitted landfill site.
[Added 11-18-1998 by Ord. No. 98-16]
C.
Uses requiring special use permit.
(1)
Borrow pits and quarries.
(2)
Heliports.
(3)
Nursery for plants, and cannabis producer and cannabis manufacturer
activities which requires a license pursuant to the New Mexico Cannabis
Regulation Act[1] (“CRA”), at least 300 feet from zones RA,
RR, R-l, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[1]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(4)
Open air theaters.
(5)
Private schools.
(6)
Public buildings.
(7)
Public utilities.
(8)
Radio and television transmitter.
(9)
Shooting range.
(10)
Single-family dwelling, one per parcel to be used by the owner
or lessee or by an employee of the owner or lessee.
(11)
Mobile home, one per lot or parcel to be used by the owner,
lessee or an employee of the owner or lessee as a caretaker dwelling.
[Added 3-17-1988 by Ord. No. 76-28]
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. No minimum required.
(2)
Lot dimension. No minimum required.
(3)
Population density. None; residential uses are not permitted
in this zone except as a special use.
(4)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. There shall be a front yard of not less than 25
feet extending across the full width of the parcel. Said front yard
may be used for off-street parking except where a portion of a block
frontage is used for residential purposes, in which case such front
yard, within 50 feet of the residential use, shall be landscaped with
appropriate plant material.
(b)
Side yard. None, except where a portion is abutting a residential
district in which case a side yard of 25 feet shall be provided.
(c)
Rear yard. None, except where a portion is abutting a residential
district in which case a rear yard of 25 feet shall be provided.
(5)
Height limits. No building in the M-2 District shall exceed
50 feet in height unless otherwise permitted by the Board of Adjustment.
(7)
Loading. Every industrial building or use hereafter erected
or established in the M-1 Zone shall have and maintain an off-street
loading and unloading area for the convenience of motor vehicles providing
services to the industrial use so established.
(8)
Lighting. Same as C-1 Zone.
(9)
Solid waste collections. Every industrial activity hereafter
established must include in their plans a specific location of waste
receptacle(s), established service route and a designated loading
pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstruction such as poles, low-hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
egress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The loading pad will be enclosed on three sides with blocked walls.
The minimum size shall accommodate one three-cubic-yard container.
Minimum measurements of the enclosure should be 6 1/2 feet in
width, five feet in height and five feet in depth. Actual size should
not be determined prior to consulting with City solid waste officials,
since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way
or loading pad as a result of the basic services routine.
(10)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect, within five feet of the adjacent property line, a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and after that to be permanently maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.
[Amended 3-19-1984 by Ord. No. 72-27]
A.
Purpose. The Heavy Manufacturing Zone is intended to provide for
the establishment of various industrial uses considered by the City
Council to be essential to the development of a balanced economic
base for the City.
B.
Permitted uses in the M-2 District.
(1)
Any use permitted in the M-1 District.
(2)
Automobiles wrecking yards, provided the area shall be enclosed
by a solid wall or fence of at least six feet high, and shall be at
least 150 feet from any residential or commercial zone. No material
shall be stacked to a height exceeding the height of the wall or fence
surrounding it.
(3)
Livestock auction yards.
(4)
Concrete, asphalt batching plant.
(5)
Rock crushing plants.
(6)
Salvage yards.
(7)
Stamping plants.
(8)
Railroad tracks and yards.
(9)
Signs subject to the same conditions as in the C-3 Zone.
C.
Uses requiring special use permit.
(1)
Borrow pits and quarries.
(2)
Heliports.
(3)
Manufacturing, compounding, assembly or treatment of articles
or merchandise from previously prepared materials such as, but not
limited to, bond, cloth, fiber, glass, hair, horns, leather, metal,
paper, plastics, textiles, wood or yarn.
(4)
Public buildings.
(5)
Public utilities.
(6)
Radio or television transmitter.
(7)
Shooting range.
(8)
Single-family dwelling, one per parcel to be used by owner or
lessee, or by an employee of owner or lessee.
(9)
Refuse or garbage dump.
(10)
Sewage disposal plant.
D.
Uses expressly prohibited.
(1)
Agricultural uses, cannabis consumption area and commercial
cannabis activity, or any portion thereof, which requires a license
pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
(3)
Commercial uses.
(4)
Uses of trailers with or without wheels.
E.
Development standards. The following minimum required conditions
shall apply:
(1)
Lot area. No minimum required.
(2)
Lot dimension. No minimum required.
(3)
Population density. None; residential uses not permitted in
this zone except as a special use.
(4)
Yards. All principal permitted use structures shall have the
following minimum yard spaces:
(a)
Front yard. There shall be a front yard of not less than 25
feet extending across the full width of the parcel. Said front yard
may be used for off-street parking except where a portion of a block
frontage is used for residential purposes, in which case such front
yard, within 50 feet of the residential use, shall be landscaped with
appropriate plant material.
(b)
Side yard. None, except where a portion is abutting a residential
district in which case a side yard of 25 feet shall be provided.
(c)
Rear yard. None, except where a portion is abutting a residential
district in which case a rear yard of 25 feet shall be provided.
(5)
Height limits. No building in the M-2 District shall exceed
50 feet in height unless otherwise permitted by the Board of Adjustment.
(7)
Loading. Every industrial building or use hereafter erected
or established in the M-2 Zone shall have and maintain an off-street
loading and unloading area for the convenience of motor vehicles providing
services to the industrial use so established.
(8)
Lighting. Same as C-1 Zone.
(9)
Solid waste collection. Every industrial activity hereafter
established must include in their plans a specific location of waste
receptacle(s), established service route and a designated loading
pad within the boundaries of the lot or parcel of land.
(a)
The location for placement of City-owned receptacles shall be
free of obstruction such as poles, low-hanging wires, curbs, walls,
etc.
(b)
The service route shall be established if alleyways are not
available. The route shall be designed in a way so that ingress and
egress of the collection vehicle is accomplished without having to
operate in reverse. Construction of the route way, including the loading
pad, should include six inches of base course and four inches of asphalt,
if asphalt is to be utilized. Utilization of concrete will require
six inches of reinforced, 3,000 psi concrete.
(c)
The loading pad shall be constructed where alleys are not available.
The loading pad will be enclosed on three sides with blocked walls.
The minimum size shall accommodate one three-cubic-yard container.
Minimum measurements of the enclosure should be 6 1/2 feet in
width, five feet in height and five feet in depth. Actual size should
not be determined prior to consulting with City solid waste officials,
since size will depend primarily on service required.
(d)
The City shall be liable for damage to either the route way
or loading pad as a result of the basic services routine.
(10)
Landscaping required when adjacent to R District. Uses adjacent to or backing on a residential district shall erect, within five feet of the adjacent property line, a six-foot-high fence. Live shrubbery three feet high, either within or outside of the fence, is to be planted and allowed to grow to the height of the fence and, after that, to be permanently maintained at the height of the fence. Prior to the issuance of a building permit, the builder shall provide evidence that the landscaping shall be accomplished, and the permit shall be made contingent upon the landscaping. Failure to complete these requirements shall be cause for the property owner or builder to be subject to the provisions in Article XI of this chapter.[3]
[Amended 7-18-1984 by Ord. No. 73-1]
A.
Purpose. This zone is intended to permit the development of large
parcels of undeveloped land to residential, commercial, and recreational
uses in an orderly manner to achieve a maximum choice of living environments
by allowing a variety of housing and building types and permitting
an increased density and a reduction in lot dimensions, yards, building
setbacks and area requirements. The City will accept a greater population
density than that reflected by present zoning, provided the developer
can demonstrate that increased densities will be compensated for by
private amenities and public benefits to be maintained by the developer.
B.
Minimum project area. An application for development as a planned
community must contain a minimum of five contiguous acres.
C.
Information required.[1]
(1)
Preapplication conference. Prior to filing an application as
a planned community, the applicant is required to confer with the
Community Development Department in order to review the general character
of the plan and to obtain information on submittal procedures and
required data.
(2)
Development plan. A development plan will be submitted by the
applicant for a planned community with the Community Development Department.
The development plan shall be prepared by an architect, landscape
architect, engineer or planning consultant and contain the following
information:
D.
Permitted uses in the PC District.
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings (townhouses, duplex, condominiums,
or similar types), provided that they contain no more than six units
in a building.
(3)
Multifamily dwellings representing no more than 20% of the total
dwelling units within the proposed development.
(4)
Churches, schools, community or club buildings, recreation areas,
and similar public or semipublic facilities representing no more than
10% of the proposed development.
(5)
Commercial or retail use, including offices and clinics, provided
they do not exceed 5% of the total area of the proposed development.
(6)
Accessory uses to the above.
E.
Development standards. A planned community shall be considered a
separate zoning district in which the development plan, if and when
approved, shall establish the restrictions and regulations according
to what kind of development shall occur. However, R-1 setback yard
development standards shall prevail for all principal permitted uses
structures. There shall be no cannabis consumption area or commercial
cannabis activity, or any portion thereof, which requires a license
pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”), or within 300 feet of zones RA, RR,
R-1, R-2 or R-3.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
F.
Review approval.
(1)
The Planning and Zoning Commission, after determining that all
requirements of this chapter have been met, may recommend to City
Council that the development plan be approved, disapproved, or approved
with modifications. The Planning and Zoning Commission may recommend
the establishment of the planned community, provided that they find
the materials submitted with the development plan demonstrate:
(a)
The proposed uses will not be detrimental to present surrounding
uses, but will not have a beneficial effect, which could not be achieved
under the current zoning districts;
(b)
Any exception from the Zoning Ordinance requirements is warranted
by the design and amenities incorporated in the development plan;
(c)
Existing and proposed streets are suitable and adequate to carry
anticipated traffic;
(d)
Existing and proposed utility services are adequate for the
proposed development; and
(e)
The proposed development contains the required parking spaces,
landscape and utility areas necessary for sustaining a desirable environment.
[Amended 7-18-1984 by Ord. No. 73-1]
A.
Purpose. The purpose of this zone is to provide for the protection
of those sections of the City that are deemed worth preserving because
of historical interest, cultural interest or artistic interest.
B.
Permitted uses in the CH Overlay District. Refer to uses permitted
in respective zones.
C.
Uses requiring special use permit. Refer to uses permitted by special
use in the respective zone. There shall be no cannabis consumption
area, cannabis manufacturer or cannabis producer activity, which requires
a license pursuant to the New Mexico Cannabis Regulation Act[2] (“CRA”).
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
[2]
Editor's Note: See NMSA 1978, § 26-2C-1 et seq.
D.
Development standards. Refer to development standards in the respective
zone. In addition the following minimum required conditions shall
apply:
(1)
Exterior appearance. An application for a permit which would
authorize erection, construction, modification, moving or demolition
which could affect the exterior appearance of any structure or any
sign must first be approved by the Design Review Board.
(2)
New structures. New structures may be built in this zone, provided
they adhere to the development standards outlined for the underlying
zone and that the exterior appearance is approved by the Design Review
Board.
[Added 3-19-2003 by Ord. No. 03-03]
A.
Purpose. The purpose of development impact review requirements is
to provide for a detailed analysis by the Development Review Team
of certain land uses which, because of their scale of intensity of
use, have the potential for significant impact on the health, safety
or general welfare of the environment, abutting property values, demand
for the City services and infrastructure, and traffic safety.[1]
B.
Application. The provisions of this section shall apply to the following:
(1)
All commercial and industrial development as permitted by the
respective zone districts which require administrative reviews and
approval by the Development Review Team (DRT) or similar process.
C.
Requirements. Applications for development within the scope of this
section shall comply with the following:
(1)
Impact statement. The applicant shall submit to the City an
impact statement prepared by qualified parties, which will evaluate
the potential impact of the development upon:
(a)
Municipal utilities and services, including water supply, sewage
disposal, drainage, storm drains, police, fire protection, emergency
services, schools and other City services.
[Added 11-16-1983 by Ord. No. 72-14]
A.
General requirements. No junkyard or used appliance yard as defined
in the terms below shall be established in an M-2 Zone without a conditional
use permit granted by the Board of Adjustment. Existing such uses
in other zoning districts shall fall into a nonconforming status.
However, both conforming and nonconforming uses shall meet the requirements
listed below, which are considered necessary to provide for public
health, safety, and for the protection of adjacent property values.[1]
B.
APPLIANCE
JUNK
JUNKYARD or USED APPLIANCE YARD
SOLID
USED
Definitions. For the purpose of this section, the following definitions
shall apply:
Synonymous with the term "junk" and shall mean a household
or business apparatus, machine or device which utilizes an electrical,
gas, or other power supply, including but not limited to automobiles,
automobile parts, stoves, refrigerators, air conditioners, washing
machines, clothes dryers, dishwashers, coolers, freezers and other
similar items.
Synonymous with the term "appliance" and shall include scrapped
glass, rags, paper, metals and other materials which can be converted
into usable stock.
Any lot or tract of land whereon three or more junked items
or used appliances as defined herein are located temporarily or permanently,
for whatever purpose, except where all such appliances are located
within an enclosed building. The terms "junkyard" and "used appliance
yard" shall be synonymous.
Constructed and maintained so that the outer surface thereof
is continuous and without intersplices, gaps, spaces or holes.
Appliances which have been previously owned by someone other
than the manufacturer or dealer whose business it is to sell such
appliances to the public. It shall also mean any appliance which is
proposed for sale or resale for a purpose or use not intended by the
manufacturer or for which the appliance was not designed.
C.
Fence requirements. Junkyards and/or used appliance yards shall be
enclosed by a solid fence or wall at least six feet in height and
be constructed and maintained as follows:
(1)
A building permit approving the proposed design, materials and
construction specifications of any fence erected pursuant to this
section shall be obtained from the Community Development Department
prior to start of construction.
(2)
All fences shall be constructed of wood, brick, stone, cement,
metal or a combination thereof; provided, however, that any one side
of a junkyard and/or used appliance yard shall be bounded by a fence
or wall constructed of only one of the above materials.
(3)
All fences shall be painted. The type of paint used shall be
appropriate for the materials to be painted. The color used to paint
such fences should blend with and be compatible with the surrounding
environment.
(4)
All fences or walls shall extend downward to within three inches
of the ground and shall test plumb and square at all times, unless
otherwise dictated by the City building code.
(5)
Where fences or walls are immediately adjacent to residences,
the first row of stacks of junk and/or used appliances shall be set
back from such wall or fence a minimum distance that is equal to the
height of the stack.
(6)
Fences or walls on property lines that front on arterial streets
shall be set back 20 feet from the property line or shall be set back
from the property line a distance equal to the average setback of
the buildings on adjoining properties.
(7)
Any part of a fence or wall required by Subsection C(2) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on such premises, if such wall or door meets all construction requirements hereinabove set forth.
(8)
Openings in the prescribed enclosures which are necessary to
permit reasonable access to junkyards and/or used appliance yards
shall be equipped with a gate, constructed and maintained in accordance
with the requirements for a fence or wall hereinabove set forth. Such
gates shall be closed and securely locked at all times except during
normal business hours.
(9)
No material shall be stacked to a height exceeding the height
of the wall or fence surrounding it.
D.
Exemption to fence requirements. Those existing establishments whose
operations rely upon the processing for the transportation of its
products shall be exempted from the fencing requirements as listed
in this section, but shall meet the fencing requirements listed below:
(1)
Fences or walls shall be required only on the side of the property
facing existing residences.
(2)
Where fences or walls are immediately adjacent to residences,
the first row of stacks of junk and/or used appliances shall be set
back from said wall or fence a minimum distance that is equal to the
height of the stack.
(3)
Fences or walls shall not be required on the sides of those
businesses facing rail lines which the business utilizes for the transportation
of its products.
(4)
The construction of all fences or walls shall meet the permitting
and construction requirements of other provisions of this chapter.
E.
Display and storage outside required fence or wall. It shall be unlawful
for any owner or operator, the agents or employees of any owner or
operator, to display, store, or work on any appliance or the parts,
accessories of junk therefrom outside of the herein required fence
or wall.
F.
Access and inspection. All used appliances, parts or other materials
located in or on the premises of any junkyard and/or used appliance
yard in the City shall be so arranged as to allow reasonable access
to an inspection of the premises by authorized fire, health, police
and building officials of the City of Las Vegas. Latches and/or doors
shall be removed from all refrigerators and freezers located within
said yard. Oil, gasoline, and other flammable liquids shall be drained
from wrecked vehicles.
G.
Compliance of existing uses. All junkyards and/or used appliance
yards existing on the date of passage of this section shall commence
construction to comply with all requirements set out in the provisions
of this section within 120 days after the passage thereof and be completed
within one year.
H.
Exemption; severe hardship. If any nonconforming junkyard or used
appliance yard owner affected by this section believes that these
requirements constitute a severe economic hardship, that owner may
present an alternative plan to the Board, which may approve or disapprove
the petition. The alternative plan shall be presented to the Board
within 120 days of the date of this section.
