[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms 8-6-2015. Amendments
noted where applicable.]
GENERAL REFERENCES
Business registration or license — See Sec.
5-1.
Fireworks — See Sec. 5-5.
Property maintenance — See Sec. 7-3.
Water — See Sec. 9-2.
Sewers — See Sec. 9-3.
Subdivision regulations — See Sec. 10-2.
Flood damage prevention — See Sec. 11-1.
These regulations shall be known as the "Comprehensive Zoning
Ordinance of the Village of Bosque Farms, New Mexico," and shall be
referred to herein as "this Section 10-1."
The regulations and restrictions of this Section 10-1 are designed
to lessen congestion in the streets and public ways; to secure safety
from fire, flood and other dangers; to promote health and the general
welfare of the residents; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population;
to facilitate adequate provisions for transportation, water, sewage,
schools, parks, and other requirements; to conserve the value of buildings
and land; to encourage the most appropriate use of land throughout
the Village of Bosque Farms; and to maintain the rural environment
of the community.
All property except that property owned or controlled by the
federal government, the State of New Mexico, the County of Valencia,
the Village of Bosque Farms, and their subdivisions or agencies, is
governed according to the zone district in which it is located. Any
use not classified as permissive or conditional within a particular
zone district is hereby prohibited from that zone district, except
as otherwise provided herein. The zone districts and boundaries of
zone districts described herein are shown on the Zone Map, which shall
be made a part of this Section 10-1 as if fully described herein.
The governing body shall adopt administrative policies and procedures
to effectuate and carry out the purpose and application of this Section
10-1, which said administrative policies and procedures shall be duly
enforceable under this Section 10-1.
[Amended 5-19-2016; 8-18-2016; 3-18-2021; 8-19-2021]
A.
For the purpose of this Section 10-1, standard dictionary definitions
shall be used except for certain words or phrases used herein, which
shall be interpreted as follows:
(1)
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
(2)
The present tense includes the future tense, the singular number
includes the plural, and the plural number includes the singular.
(3)
The words "shall" and "must" are mandatory, and the word "may" is
permissive.
B.
ABANDONED WELL
ACCESSORY LIVING QUARTERS
ACCESSORY USES AND STRUCTURES
ADULT ENTERTAINMENT ESTABLISHMENT
AGENT
AGRICULTURAL ANIMAL
AGRICULTURAL EQUIPMENT
ANIMAL SANCTUARY/SHELTER
BAIL BOND
BANKING AND FINANCIAL SERVICES
BED-AND-BREAKFAST
BODY ART
BODY ART/MODIFICATION ESTABLISHMENT
CANNABIS ESTABLISHMENT
CHECK CASHING/PAYDAY LOAN ESTABLISHMENT
COLLECTOR STREET
COMMISSION
COMMON AREA
CONDITIONAL USE
CONTAMINATION
CONTIGUOUS
DAY-CARE FACILITY or CHILDCARE CENTER
DEVELOPMENT
DWELLING UNIT
DWELLING UNIT, CARETAKER
DWELLING UNIT, CONVENTIONAL
(1)
(2)
EASEMENT
FAMILY DAY-CARE HOME
FENCE
FORTUNE TELLERS
FRONTAGE
GALVANIZED STEEL
GARAGE OR YARD SALE
GOVERNING BODY
GRADE
GROUNDWATER
GUEST ROOM
HARDSHIP
HAZARDOUS MATERIALS
HAZARDOUS WASTE
HEIGHT
HOME OCCUPATION
INOPERABLE MOTOR VEHICLE
KENNEL
(1)
(2)
KITCHEN
LOCAL STREET
LOCALIZED STORMWATER
LOT
METAL INTAKE/RECYCLING CENTER
MOBILE HOME
MOBILE HOME PARK
MODULAR STRUCTURE
MOTOR VEHICLE
MOTOR VEHICLE SALES LOT
MULTI-SECTION MANUFACTURED HOME or MODULAR HOME
NONCONFORMING USES, LOTS, OR STRUCTURES
OVERLAY ZONE DISTRICT
OVERLAY ZONE, WELLHEAD PROTECTION
OWNER-OCCUPIED
PAWNBROKER
PERMISSIVE USE
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
PREMISES
RECREATIONAL VEHICLE
REGULATED BUSINESS
RIGHT-OF-WAY
ROADWAY
SALVAGE OR SCRAP FACILITY
SCHOOL
SCRAP TIRE
SERVICE BAY
SETBACK
SETBACK, FRONT
SETBACK, REAR
SETBACK, SIDE
SIGN
SKID ROW
SMOKE SHOP
SOLID FENCE
SPECIAL USE PERMIT
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
TIRE SHOP
TRAILER
UNDERGROUND STORAGE TANK
VARIANCE
VEHICLE
VEHICLE REPAIR, LIGHT
VEHICLE REPAIR, MAJOR
VEHICLE REPAIR, MINOR
VISUAL BARRIER FENCE
WAREHOUSING OPERATIONS
WELLHEAD
ZONE MAP
As used in this Section 10-1, the following terms shall have the
meanings indicated:
A wellhead whose use has been permanently discontinued or
which is in such disrepair that its continued use for the purpose
of obtaining groundwater is impracticable or may constitute a health
hazard.
Temporary living quarters within an allowed accessory structure
only for the reason of a legitimate hardship or medical necessity.
This unit shall not be used as a rental unit and shall not exceed
500 square feet of floor space.
Uses and structures that are customarily accessory and clearly
incidental and subordinate to principal uses and structures.
A business which either directly or indirectly provides sex-related
products and services or adult entertainment.
Anyone authorized by a notarized letter signed by the property
owner to represent same.
Animals other than dogs, cats and indoor birds, such as horses,
cows, pigs, sheep, llamas, chickens, etc., such as would typically
be found in an agricultural environment.
Farm field and farmstead machinery used for the production
of crops and agricultural livestock.
A nonprofit facility for the short- or long-term care and
custody of animals, which may include lost pets, owner-released pets,
cruelty cases, rescued animals and/or permanent retirement candidates.
A written promise signed by a defendant or a surety (one
who promises to act in place of another) to pay an amount fixed by
a court should the defendant named in the document fail to appear
in court for the designated criminal proceeding at the date and time
specified.
Any state or federally chartered bank, saving association,
credit union, or industrial loan company, retail seller engaged primarily
in the business of selling consumer goods that cashes checks or issues
money orders as an incidental service to its main purpose or business
and which is offered as a service to customers, but excludes any establishment
whose primary purpose is to provide cash advances, payday loans, payday
advances, and similar services.
An owner-managed and -occupied residential structure used
as a lodging establishment where a room or rooms are rented on a nightly
basis, and in which only breakfast is included as a part of the basic
compensation.
Tattooing, body piercing or scarification, but does not include
practices that are considered medical procedures by the New Mexico
Medical Board.
Any establishment that engages in the business of tattooing
and/or branding and body piercing of human beings, including scarification.
A permanent picture, design, or other marking made on the skin by
pricking it and staining it with an indelible dye. This excludes the
application of permanent makeup in a salon setting with appropriate
equipment and the piercing of ears with the use of a piercing gun.
Any facility, building, space, or grounds licensed for the
production, possession, testing, manufacturing, or distribution, recreational
use of cannabis, concentrates or cannabis-derived products, unless
restricted by § 10-1-28 of the Village of Bosque Farms Ordinance.
Any establishment whose primary purpose is to provide cash
advances, payday loans, payday advances, and similar services. It
does not include a state or federally chartered bank, saving association,
credit union, or industrial loan company, retail seller engaged primarily
in the business of selling consumer goods that cashes checks or issues
money orders as an incidental service to its main purpose or business
and which is offered as a service to customers.
A street that serves as a connection between a major or secondary
thoroughfare and several minor streets. The term includes the principal
entrance streets of a residential development and streets for major
circulation within such a development.
The Village of Bosque Farms Planning and Zoning Commission.
An area inside a housing development that is owned by all
residents or by an overall management structure which charges each
tenant for maintenance and upkeep.
One of those uses enumerated as conditional uses in a given
zone district. A permit for such use shall be granted upon approval
by the Commission. A conditional use permit shall be either permanent
or renewable, as established by this Section 10-1.
The presence of any harmful substance which is likely to
unreasonably injure human health, animal or plant life, property,
or public welfare.
Abutting or touching and/or separated by nothing more than
a ditch, canal, or right-of-way.
A facility required to be licensed under these regulations
that provided care, services, and supervision for less than 24 hours
a day to children. A childcare center is in nonresidential setting
(unless approved by the Planning and Zoning Commission) and meets
the applicable state and local building and safety codes, NMAC § 8.16.
Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Any structure or part of a structure intended for human occupancy
and containing one or more connected rooms and a single kitchen designed
for and occupied by no more than one family for living and sleeping
purposes. A dwelling unit may include a mobile home, a modular housing
unit, manufactured house, site-built house or planned residential
development.
The dwelling unit of a person who takes care of the property
of an owner in the owner's absence. A caretaker dwelling unit
shall allow for spouses and dependent children. The caretaker dwelling
unit shall be within one of the structures located on the lot, or
it may be a separate structure, mobile home/manufactured home, or
modular unit.
A single-family detached dwelling unit which is installed
on a permanent foundation, and which is either:
A site-built unit constructed in accordance with the standards
of the New Mexico Uniform Building Code; or
A multisection manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article 14) and with the regulations made pursuant thereto relating to permanent foundations.
Rights granted to public utilities for ingress and egress
to serve water, sewer, telephone/cable, gas and electric lines and
the right granted to a landowner for ingress and egress to property
by either purchase, deed, or adverse possession or any other legal
means.
An occupied dwelling unit in which a person provides, for
remuneration, care for at least five children but not more than six
children, provided that no more than two of those children be under
the age of two, on a regular basis for fewer than 24 hours per day.
The resident provider's children who are age six or more shall
not be counted for this definition.
A structure, other than a building, which serves as a barrier
and is used as a boundary or means of protection or confinement. This
includes a masonry fence or wall and privacy fence.
Fortune tellers, psychics, clairvoyants, palmists, and similar
trades.
A distance measured along a roadway right-of-way line.
A metal panel coated with zinc or corrosion resistance material.
A sale of used household or personal articles held on the
seller's premises.
The Village of Bosque Farms Council.
The average elevation of the finished ground level at the
center of all walls of a building or all sides of a structure.
Water found beneath the land surface in a saturated zone.
A room or a group of rooms forming a single habitable unit
which is located within the walls of a dwelling unit and which is
used or intended to be used for sleeping and living, but not for cooking
or eating purposes, and which is rented individually as a unit.
To cause privation or suffering.
Substances defined in Section 101(14) of the Federal Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) or
as regulated under Subtitle C of the Federal Resource Conservation
and Recovery Act (RCRA).
Materials that are corrosive, flammable, reactive or toxic.
When applied to a building, the vertical distance from the
finished lot grade to the highest point of the coping of a flat roof,
or the deck line of a mansard roof or the average height between the
plate and the ridge of a gable, hip, or gambrel roof, or to the highest
point of any other roof style not mentioned in this definition.
An occupation or activity clearly incidental and secondary to use of the premises for a dwelling unit; requires home occupation approval from either the Planning and Zoning Administrator/Officer or Commission depending on the type of use requested as per § 10-1-13L.
Any motor vehicle which is incapable of being propelled under
its own power.
COMMERCIAL KENNELAny building, buildings or land designed or arranged for boarding dogs, cats, and other household pets, and where grooming, breeding, boarding, training or selling animals is conducted in the Commercial Zone (C-1).
HOBBY KENNELAny building, buildings or land designed or arranged for housing dogs, cats, and other household pets belonging to the property resident in all residential zones (A-R, R-1, and R-1A).
A room or other place equipped with any combination of the
following: a stove/oven, refrigerator, small cooking devices, a sink,
where food may be stored or prepared.
A street of relatively short length that provides direct
access to a limited number of contiguous residential properties designed
to discourage use by through traffic.
Surface water deposited on a particular area of land by direct
precipitation and not by an overflow of surface waters from other
land areas.
An area of land, described by metes and bounds, recorded
and filed in the Valencia County Clerk's office in accordance
with appropriate laws and ordinances. Such lot shall have frontage
on a dedicated public right-of-way or on an approved private roadway
for ingress and egress.
Any business engaged in purchasing or otherwise acquiring
for sale or barter any material such as old iron, copper, brass, lead,
zinc, tin, aluminum or other metals, metallic cable, wire, rope, bottles,
rubber, batteries, e-scrap or other like material.
Also known as "manufactured housing," a structure, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used for a dwelling with or
without a permanent foundation when connected to the required utilities
and includes plumbing, heating, air conditioning, and electrical systems
contained therein.
An area of land on which space is leased or rented for occupancy
for 30 days or more by mobile homes, and which contains permanent
facilities and services for the use of the mobile home occupants.
Any structure built for use of occupancy by persons or property,
whether or not designed to be placed on a permanent foundation. Modular
structures include factory-built buildings and subassemblies for manufactured
residential and commercial units, modular homes and premanufactured
homes. Modular structures do not include nonassembled component parts
that are subject to all permit and inspection requirements, or to
manufactured housing structures that are subject to federal regulation
as per NMAC § 14-12-3.7.K.
A vehicle (such as, but not limited to, a car, truck, or
motorcycle) that is powered by a motor and was at any time designed
to carry passengers.
Any lot or parcel of land where a dealer sells new/used/consignment
motor vehicles.
A single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article 14) and with the regulations made pursuant thereto relating to permanent foundations.
A structure or use of a structure or land which does not
conform to the regulations of this Section 10-1 and which lawfully
existed on the effective date of those regulations with which it does
not conform.
An overlay zone district is created to identify a special
resource or development area and to adopt new provisions that apply
in that area in addition to the provisions of the underlying zone
district. The provisions of an overlay zone district can be more restrictive
or more expansive than those contained in the underlying zone district.
An overlay zone district can be coterminous with existing property
boundaries or contain only parts of one or more properties and may
extend over more than one zone district.
An area designated by the Village of Bosque Farms to protect
the groundwater source of municipal water supply wells from contamination
originating from human activities.
A dwelling occupied by a person or persons who shall own
at least 51% of said dwelling unit.
An individual or business (pawnshop or pawn shop) that offers
secured loans to people, with items of personal property used as collateral.
A specific use allowed in a particular zone district.
A development approach that creates open space in residential
development and encourages imaginative site building and design by
permitting greater flexibility in zoning requirements than is permitted
by other sections of this Section 10-1.
Any lot or combination of contiguous lots held in single
ownership, together with the development thereon.
A structure which is designed or used as temporary living
quarters for recreation, camping, or travel, and which may be a self-propelled
motor vehicle or designed to be towed or mounted on a motor vehicle.
Any business requiring additional regulation as listed under § 10-1-11G.
A dedicated and accepted public land deeded to the Village
of Bosque Farms, reserved by plat, or otherwise acquired by the Village,
county, or state for the use of the public for the movement of people,
goods, and vehicles.
That portion of public right-of-way or private way or thoroughfare
which is primarily devoted to vehicular use.
A salvage yard, scrap yard, wrecking yard, junkyard, dismantler
or any entity in the business of outdoor storage or deposit for storing,
keeping, processing, buying or selling disused vehicles, disused machinery
or other disused goods or materials for resale.
A facility conducting a supervised program of instruction
designed to educate a student in a particular place, manner and subject
area.
A tire that is no longer suitable for its originally intended
purpose because of wear, damage, defect or obsolescence.
Any enclosed work area for the maintenance or repair of vehicles,
comprising an average floor area of 420 square feet per bay to accommodate
both service and access requirements.
The required distance between every building or structure
(fences, walls, and signs excepted) and a boundary line of the lot
upon which it is located. Setbacks shall consist of an open space,
unoccupied and unobstructed by any part of a building or structure,
except as otherwise provided in this Section 10-1.
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, bordering
on a roadway.
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, which
is opposite and most distant from a roadway and does not intersect
with a roadway.
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, which
intersects a roadway.
A device designed to inform or attract the attention of persons not on the premises on which the device is located. All signs within the Village of Bosque Farms shall require a permit, unless otherwise specified, in accordance with this Section 10-1 (§ 10-1-20).
A high density of businesses that may have the potential
to create adverse effects on the surrounding area and community.
Any business devoting more than 15% of the total floor space
for display for sale of smoking or tobacco paraphernalia or whose
gross dollar volume of business is over 25% from sales of smoking
or tobacco paraphernalia.
Block, ribbed metal panels, adobe, solid vinyl wood panel
or other fencing that has 0% open area.
A permit approving uses which require special consideration as listed in § 10-1-11F.
Anything constructed, placed, or erected above ground level
which requires location on the ground or is attached to something
having a location on the ground, but not including a tent, vehicle,
vegetation, public utility pole or line, signs or fences. For the
purpose of this Section 10-1, a mobile home is a structure, with or
without wheels, when located on any lot.
For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Any entity conducting sales or services of tires, including,
but not limited to, changing, replacing, balancing, aligning or otherwise
servicing tires or the sales of new or used tires.
A nonmotorized vehicle designed to be pulled behind a motor
vehicle.
A single tank or combination of tanks, including underground
pipes connected thereto, which are used to contain an accumulation
of fuels, hazardous materials, or other regulated substances, and
the volume of which, including the volume of the underground pipes
connected thereto, is 10% or more beneath the surface of the ground.
This definition does not include septic tanks.
A relaxation of the terms of this Section 10-1 where such relaxation will not be contrary to the public interest (§ 10-1-16).
Any motor vehicle, recreational vehicle, trailer or agricultural
equipment.
Checking and topping off of fluids (not changing fluids),
replacement of bulbs and fuses, checking and adjusting of tire pressure
(not changing of tires), charging of batteries (not changing), windshield
repair.
Repairs that produce relatively high levels of noise, vibration
and fumes and, more specifically, include the following types of repairs
to motor vehicles and repairs of a similar nature with respect to
impacts on nearby properties: air conditioning service, brake repair/replacement,
engine oil changes, fluids replacement, exhaust system repair/replacement,
auto body customizing, auto body sheet metal/fiberglass/plastic repair/replacement,
auto body prepping/painting/media blasting, chassis fabrication/repair,
complete engine/transmission rebuild and replacement.
Repairs and servicing that will produce relatively low noise,
vibration and fumes and, more specifically, include the following
types of repairs to motor vehicles: shock absorber/spring/strut replacement,
tire balancing/installation, wheel alignment, windshield/glass replacement,
tune-ups, diagnostics, emission control service.
Wood panel fencing, chain-link with slats, mesh fencing or
any other fencing which provides 25% or less open area per square
foot of fencing.
Includes use of any building, structure or other protected
enclosure in which goods, materials or agricultural products are or
may be stored.
The structural element of a constructed water well which
is the source of a groundwater supply system.
A map of the Village of Bosque Farms that delineates the
zone district boundaries within the Village boundaries.
A.
Access to structures. All structures shall be located on lots or
parcels of land such that safe and convenient access is provided for
servicing, fire protection, and any required off-street parking or
loading.
B.
Agricultural activities are permitted in A-R, R-1 and R-1A Zone Districts
only, provided that:
(1)
Confinement areas for livestock and fowl shall be constructed and
maintained to discourage the concentration and breeding of insects
and rodents which are detrimental to human health.
(2)
Livestock and fowl manure and soiled bedding shall not be allowed
to accumulate in amounts that offend or cause a noxious odor. Such
material shall be removed within 10 days of official notification
from the Village of Bosque Farms.
(3)
Temporary on-site storage of animal waste shall be designed to prevent
groundwater or surface water contamination.
(4)
Surface water runoff shall be contained on site and controlled to
avoid overflow into irrigation ditches and drains and surrounding
property.
(5)
The Village of Bosque Farms adopts NMSA 1978, Article 9, §§ 47-9-1
through 47-9-7, the Right to Farm Act, as an ordinance of the Village.
C.
Building and structure height. No building or structure shall exceed
26 feet in height from the base flood elevation plus six inches of
freeboard. This height limitation shall not apply to silos, water
tanks, wind generators, antennas, solar collectors, flagpoles, and
other such accessory objects, excluding signs.
D.
Building and structure setback. All buildings and structures shall
be placed on a lot in accordance with the following setback requirements:
(1)
There shall be a front setback of 30 feet and a side setback of 10
feet on all lots.
(2)
There shall be a rear setback of 10 feet on all lots with the exception as noted below in Subsection D(4).
(3)
An accessory building shall not be placed within any front setback
area.
(4)
An accessory building shall not be placed within any side or rear
setback area except when the lot line borders a vehicle-accessible
irrigation ditch, roadway or utility easement, in which case the accessory
building may be placed on the lot line.
F.
Exterior lighting requirements. Exterior lighting shall be controlled
to avoid spillover of light and glare onto neighboring properties,
operators of motor vehicles, or pedestrians in the proximity of the
light source. Furthermore, in order to preserve and enhance the community's
natural resource of dark skies, all outdoor night lighting fixtures
shall be effectively shielded to prevent direct or reflected light
into the sky.
G.
Fence. All fences shall be durable, properly maintained and not detrimental
to contiguous property. A solid fence shall be required as specified
in this Section 10-1.
[Amended 3-18-2021]
(1)
Fences shall not cause a nuisance, fire hazard, or dangerous condition
that may affect public safety.
(2)
For purposes of this Section 10-1, a solid fence shall not be composed of metal [except as described in Subsection G(6) below], exposed tires, doors, or other materials deemed unsafe or detrimental to adjoining property by the Commission.
(3)
For purposes of this Section 10-1, visual barrier fencing is not
acceptable where a solid fence is required in a Commercial Zone.
(4)
Fencing over six feet in height shall be engineered in conformity
with the regulations of New Mexico Construction Industries and approved
by New Mexico Construction Industries Division.
(5)
The height of a fence shall be measured from the natural ground level
or the base of the fence, whichever is appropriate.
(6)
No visual barrier or solid fence shall exceed four feet in height
in the front setback area. No fence shall exceed six feet in the front
setback area.
(7)
Side and rear property line fencing [except as stated in § 10-1-5G(6)] shall not exceed eight feet in height.
(8)
All solid barrier fencing is required to obtain a floodplain review permit (as per § 10-1-18A of this section) in order to regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands and may require flow paths to be installed.
(9)
Ribbed metal panels are allowable within the Village with a development review permit approval (as per § 10-1-18A of this Section 10-1) from the Planning and Zoning Officer/Administrator, with the following conditions:
H.
A garage or yard sale is permitted for no more than three consecutive
days and not more than four sales per calendar year.
I.
Hobby kennels are permitted in A-R, R-1 and R-1A Zone Districts,
provided that:
(1)
Kenneled animals shall be retained in a manner that prevents escape
of enclosed animals or entry of other animals.
(2)
Kennels shall be designed to ensure safe, healthy, and sanitary conditions
for animals on premises.
(3)
Kennels shall be maintained to discourage the concentration and breeding
of insects and rodents, which are detrimental to human health.
(4)
Kennels shall be designed to retain surface water. discharges shall
be retained on site.
(5)
Animal waste shall not be allowed to accumulate in amounts that offend
or cause a noxious odor; such material shall be removed within 10
days of official notification from the Village of Bosque Farms.
(6)
Temporary on-site storage of animal waste shall be designed to prevent
groundwater or surface water contamination.
J.
Minimum lot sizes and open space requirements. The purpose of minimum
lot sizes and open space requirements is to protect and preserve the
established low-density rural character of the zone districts of the
Village, to secure a low density of future residential development,
and to minimize impervious surfaces which increase stormwater runoff
that may result in flooding or water pollution. Open space shall be
unoccupied by structures as defined by this Section 10-1.
(1)
R-1 and R-1A Zones. Lot size shall be a minimum of 3/4 of one acre
(32,670 square feet), having a minimum frontage of 40 feet, and no
less than 60% of the land shall be permeable open space.
(2)
A-R Zone. Lot size shall be a minimum of two acres (87,120 square
feet), and with a residential usage shall have a minimum frontage
of 100 feet, and no less than 60% of the land shall be permeable open
space.
[Amended 8-18-2016]
(3)
C-1 Zone. Lot size shall be a minimum of 1/4 of one acre (10,890
square feet) and meet the following requirements:
(a)
Development shall be connected to the Village water and wastewater
systems;
(d)
There shall be no adverse impact created upon contiguous properties;
(e)
In cases where both water and wastewater system connections
are not established, the minimum lot size shall be 3/4 of one acre
(32,670 square feet) with on-site stormwater retention;
(f)
Site development plans are required for all new development
in this zone district; and
(g)
There shall be adequate legal access, which shall require a
New Mexico Department of Transportation access permit for development
on Bosque Farms Boulevard (NMSH 47).
K.
Mobile home/manufactured home installation.
(1)
All mobile homes and manufactured housing shall be installed in accordance
with regulations promulgated by the Manufactured Housing Act of New
Mexico (NMSA 1978, § 60-14-1 et seq.) and with regulations
made pursuant thereto relating to installation and ground anchors.
(2)
All mobile homes and manufactured housing in the R-1A Zone District
shall be placed on a permanent and continuous frost-protected perimeter
as regulated by the Manufactured Housing Division and shall be compatible
and harmonious with existing structures in the vicinity.
(3)
Mobile homes or manufactured housing installed on any premises in
mobile home parks, or as a temporary dwelling unit during construction
of a permanent dwelling unit, or as a rental property in an R-1A Zone,
or as temporary accessory living quarters, as regulated under the
conditional use permit procedures of this Section 10-1, are not required
to be placed on a perimeter foundations but shall provide skirting
of durable materials and shall be stabilized and anchored in accordance
with state laws.
(a)
On such occasions as are permitted under this Section 10-1 for
the habitation of a temporary mobile home/manufactured home, the owner
of the property on which the temporary mobile home/manufactured home
is placed shall either deposit the sum of $2,500 with the Village
Treasurer or post a bond in the equivalent amount made payable to
the Village of Bosque Farms.
(b)
In the event that the temporary mobile home/manufactured home
is not removed from the property at the time specified in this Section
10-1, said deposit or bond shall be forfeited as liquidated damages
to the Village of Bosque Farms.
(c)
The Village Planning and Zoning Administrator/Officer is hereby
authorized to use any forfeited funds to remove the temporary mobile
home/manufactured home from the property consistent with the terms
of this Section 10-1. Any sums remaining after said removal costs
have been paid shall revert to the Village.
(d)
The Village Planning and Zoning Administrator/Officer is authorized,
in addition to forfeiture of the bond or deposit, to charge additional
fees for the removal and storage of the mobile home/manufactured home
as appropriate.
(4)
Mobile homes or manufactured housing installed on a rented property or as conditional use permits shall be installed and anchored to adequate foundations in accordance with Section 11-1, Flood Damage Prevention, § 11-1-19D, of the Village Code.
(5)
All mobile homes or manufactured housing shall obtain a development
review and mobile home permit from the Planning and Zoning Administrator/Officer.
L.
Recreational vehicle storage. On any lot in residential use, the
storage of, such as, but not limited to, a boat, pick-up camper shell,
travel trailer, or other recreational vehicle is allowed, provided:
(1)
It is not used as additional living quarters for more than 60 days
per year for an occasional guest. The property owner will notify the
Planning and Zoning Administrator/Officer when guests will be staying
more than 14 consecutive days;
(2)
It does not have a permanent connection to utilities;
(3)
It is not parked or stored within 10 feet of any roadway, right-of-way
or multi-use path; and
(4)
Such recreational vehicle shall be stored on private property.
M.
Refuse disposal. All persons owning or occupying lands within the
Village of Bosque Farms shall be responsible for the sanitary conditions
of their premises. No person shall permit or cause the accumulation
of refuse, garbage, trash, or other materials which may become hazardous
to public health or safety, or which obstructs traffic, drainage,
or access to structures. Refuse disposal shall be in accordance with
Section 9-1, Solid Waste, of the Village Code.
N.
Stormwater drainage. It is the responsibility of any owner of real
property located in the Village of Bosque Farms to acceptably handle
direct rainfall and stormwater runoff as it flows onto the property.
Acceptable handling of direct rainfall and stormwater does not include
pumping the water onto any adjacent roadway or right-of-way. Site
design shall ensure that stormwater runoff will not adversely affect
neighboring properties. Methods used to determine stormwater flow
rates and storage requirements shall be taken from reputable sources
such as Technical Release 55 (TR-55, 1986 Edition) of the USDA Natural
Resources Conservation Service. The design frequency storm shall be
for a ten-year/six-hour frequency flood rate. All substantially improved
or developed lots shall be graded to retain localized stormwater on
site.
O.
Vision clearance. At all roadway intersections, or any entrance to
property located adjacent to Bosque Farms Boulevard (NMSH 47), no
obstructions to view shall be placed or maintained between three feet
and eight feet above the roadway level in a triangular space at the
roadway corner on a corner lot. Such triangular space shall be bounded
by the roadway property lines and a diagonal line connecting points
25 feet distant from the intersection of the roadway property lines.
P.
Water and wastewater requirements. All development within the Village
of Bosque Farms shall be in compliance with applicable regulations
established by Village ordinances, New Mexico State Building Codes,
the New Mexico Environment Department (concerning water and wastewater
systems), and the New Mexico State Engineer's Office (concerning water
systems).
Q.
Floodplain compliance. All applicable FEMA requirements and Section
11-1, Flood Damage Prevention, of the Village Code shall be adhered
to in any determination of this Section 10-1.
R.
Accessory structures.
[Amended 3-18-2021]
(1)
All accessory structures are subject to the development review process,
including setbacks, floodplain review, tie-down regulations and painting
of the entire structure when required.
(2)
Units, vehicles, and/or containers which were not originally intended
for use as accessory structures shall not be permitted as permanent
structures. This type of unit includes but is not limited to semi-trailers,
panel truck bodies, railroad cars, buses and other such units, in
R-1, R-1A, A-R Zone Districts.
(3)
Portable storage units and/or repurposed shipping containers may
be allowed as permanent accessory structures in A-R, R-1, R-1A, C-1
Zone Districts with the following restrictions and according to the
sizing and placement chart:
(a)
All logos and/or identifying information must be removed.
(b)
Unit must be painted to be compatible with other structures
on the property.
(c)
Unit must be installed and/or made to be in compliance with
flood damage prevention Section 11-1 of the Village of Bosque Farms
Ordinance.
|
Sizing Chart Will Be Regulated by Nominal Size
| |||
|---|---|---|---|
|
Zone
|
Less than 1 acre
|
1 acre or more
|
2 acres or more
|
|
A-R Zone District
|
1 20x8 container or 2 10x8 containers
*In no case shall there be more than 2.
|
1 40x8 container or 2 20x8 containers
*In no case shall there be more than 2.
|
Will be handled on an individual basis
|
|
C-1 Zone District
|
1 20x8 container or 2 10x8 containers
*In no case shall there be more than 2.
|
1 40x8 container or 2 20x8 containers
*In no case shall there be more than 2.
|
Will be handled on an individual basis
|
|
R-1 Zone District
|
1 20x8 container or 2 10x8 containers
*In no case shall there be more than 2.
|
1 40x8 container or 2 20x8 containers
*In no case shall there be more than 2.
| |
|
R-1A Zone District
|
1 20x8 container or 2 10x8 containers
*In no case shall there be more than 2.
|
1 40x8 container or 2 20x8 containers
*In no case shall there be more than 2.
| |
(4)
Portable storage units and cargo hauling vehicles shall be allowed
as temporary storage structures in the C-1, A-R, R-1, or R-1A Zone
District. For up to 90 days with an approved permit from Planning
and Zoning Administrator/Officer. A single thirty-day extension may
be granted by the Planning and Zoning Administrator/Officer.
(5)
All portable storage units and/or repurposed shipping containers
not in compliance after being notified by Planning and Zoning/Code
Enforcement within 90 days of notification will be in violation of
this Section 10-1, Section 11-1, or both.
A.
Districts. In order to carry out the provision of this Section 10-1,
the Village of Bosque Farms is hereby divided into zone districts,
as named and described in the following sections. The regulations
prescribed in this Section 10-1 shall apply within the corporate limits
of the Village of Bosque Farms.
B.
Zone Map. The boundaries of said zone districts are hereby established
as shown on the Bosque Farms Zone Map, which shall be made a part
of this Section 10-1 as if fully described herein. The Village of
Bosque Farms Zone Map boundaries and zone districts are hereby incorporated
and adopted in this Section 10-1 as the Official Village of Bosque
Farms Zone Map.
C.
Interpretation. Where due to the scale, lack of detail, or illegibility
of the official Bosque Farms Zone Map there is any uncertainty, contradiction,
or conflict as to the intended location of any zone district boundaries
shown therein, interpretations concerning the exact location of zone
district boundary lines shall be determined by the Commission upon
written request. Contiguous zone districts along frontage of a public
right-of-way shall automatically extend to the center line upon vacation
from public use of said right-of-way.
D.
Multiple-zoned lots. Circumstances may justify the need to designate
more than one zone on a single lot. In such cases, zone boundaries
within a multiple-zoned lot shall be more fully described in the Bosque
Farms Zone Map by showing any necessary dimensions of zones in relation
to existing property lines.
(1)
Each use shall meet minimum standards in each zone designated on
the lot.
(2)
The Commission or governing body may require additional conditions
for a conditional use permit or for a special use permit.
(3)
The governing body shall make the final decision upon recommendation
from the Commission.
For the purpose of this Section 10-1, the following zone districts
are hereby established:
|
A-R
|
Agricultural/Residential Zone
|
|
R-1
|
Conventional Single-Family Residential Zone
|
|
R-1A
|
Mixed Single-Family/Mobile Home Residential Zone
|
|
C-1
|
Commercial Zone
|
|
WPOZ
|
Wellhead Protection Overlay Zone
|
A.
Intent. The purpose of this zone district is to maintain agricultural
and related activities and to provide for low-density residential
uses that are conducive to a rural atmosphere.
B.
Permissive uses. Any of the following uses are permissive in this
zone district:
(1)
Accessory uses and structures;
(2)
Agricultural activities, including the cultivation and harvesting of croplands, and the raising and management of livestock and fowl in accordance with § 10-1-5B;
(4)
One conventional dwelling unit per lot; and
(5)
One temporary stand for the display and sale of agricultural products
may be erected for a period of not more than 90 days per year and
shall not exceed more than 400 square feet of gross floor area.
C.
Conditional uses. Conditional uses are governed by § 10-1-13 of this Section 10-1. The following uses shall be allowed in this zone district only upon permit granted by the Commission:
(1)
Accessory living quarters.
(2)
Mobile home/manufactured home, provided it meets current installation requirements, or recreational vehicle as a conditional use when used as temporary dwelling unit during construction of a standard site-built dwelling unit or on-site assembly of a modular dwelling unit in accordance with §§ 10-1-5K and 10-1-13.
(a)
A development review/building permit shall be obtained within
30 days following issuance of the conditional use permit.
(b)
Active and continuous construction shall begin within 90 days
following issuance of a conditional use permit.
(c)
The mobile home/manufactured home shall be removed with 10 days
of the expiration of the conditional use permit.
(d)
The recreational vehicle shall no longer be used as a residence
after expiration of the conditional use permit.
(3)
Additional dwelling units for occupancy by employees or persons related
to the residing family on the premises who are involved in any agricultural
activities on the premises. In no case will such additional dwelling
units be used as rental units for persons not associated with the
agricultural activities on the premises.
(5)
Commercial greenhouses, nurseries, landscaping businesses.
(6)
Commercial stable, riding school and livestock sales.
(7)
Family day-care home as regulated by the applicable New Mexico state
agency.
(8)
Home occupations in accordance with § 10-1-13L, which shall require approval from either the Planning and Zoning Administrator/Officer or the Commission.
(9)
The processing, packaging and sales of goods from agricultural products
and/or agricultural by-products.
(10)
Winery.
D.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower, provided:
(a)
Wherever practical, co-location of equipment for use of more
than one wireless communication provider on a single site.
(b)
The applicant shall provide information for the reason that
the applicant cannot co-locate on an existing tower within Valencia
County.
(c)
Property shall be enclosed within a solid fence at least six feet high as defined in § 10-1-4 of this Section 10-1.
(d)
Setbacks shall be at one to one foot setback for every foot
of tower height from the boundary of the cell phone tower.
(e)
Color will be a light tone or color to minimize visual impact.
(f)
Owners of a wireless facility shall file annually a declaration
as to the continuing use. Failure to do so shall be determined to
mean the facility is no longer in use.
(g)
Unused towers and associated facilities shall be removed within
180 days of cessation unless an extension is approved. If the tower
is not removed within 180 days, the tower and facilities shall be
removed by the Village and associated costs shall be assessed against
the company and/or property owner.
(h)
Towers built in the floodplain shall provide an environmental
assessment.
(i)
Towers shall have FCC approval prior to being built.
(j)
The maximum height of the tower shall be 120 feet.
(k)
Property security shall be provided.
(l)
Any cell phone tower shall incorporate sufficient landscaping
as a screening device at the base of the tower and associated structures,
subject to the review and approval of the Planning and Zoning Commission.
The total lot shall be maintained and kept free of weeds and debris.
(m)
These provisions shall not apply to HAM radio towers.
(2)
Mobile home/manufactured home park, provided:
(a)
All lots in a mobile home/manufactured home park shall be connected
to Village sewer and water facilities. A mobile home/manufactured
home park shall present evidence that adequate water and sewer service
for each dwelling unit is provided in compliance with the requirements
of the New Mexico Environment Department and in conformance with any
applicable procedures and standards for centralized water as more
specifically set forth within the provisions of Section 9-2, Water,
and Section 9-3, Sewers, of the Code of the Village of Bosque Farms.
(b)
The minimum park size shall be at least five acres (217,800
square feet), but in no case more than 12 acres (522,270 square feet).
(c)
The maximum gross density shall be one mobile home/manufactured
home per three-quarters of an acre (32,670 square feet).
(d)
No mobile home/manufactured home shall be located within 40
feet of any other mobile home/manufactured home. Any mobile home/manufactured
home shall be at least 30 feet from the right-of-way line of any street
and at least 10 feet from any property line of the mobile home/manufactured
home park.
(e)
All roadways shall be at least 40 feet wide, and shall be paved
per Village specifications.
(f)
Perimeter areas adjacent to public roadways shall be landscaped
with at least one fifteen-gallon tree for each 50 feet of frontage
along the roadway.
(g)
The park shall be continually maintained by the landowner to
provide a clean and healthy condition for residents.
(3)
Planned residential development, subject to the following provisions:
(a)
All lots in a planned residential development shall be connected
to Village sewer and water facilities. A planned residential development
shall present evidence that adequate water and sewer service for each
dwelling unit is provided in compliance with the requirements of the
New Mexico Environment Department and in conformance with any applicable
procedure and standards for centralized water as more specifically
set forth within Section 9-2, Water, and Section 9-3, Sewers, of the
Code of the Village of Bosque Farms.
(b)
Development shall be residential land use.
(c)
Buildings shall be no greater than 26 feet in height.
(d)
Elevation drawings of all buildings shall be included with the
development plans.
(e)
The maximum gross density of the total development shall be
one building per three-quarters of an acre lot (32,670 square feet),
or one-half of one acre lot (21,780 square feet), for lots platted
prior to 1973, and shall not exceed two dwelling units per building.
(f)
A portion of the land within the total development shall be
set aside as open space for the common use of the residents of the
development with the following assurances:
[1]
The ownership of the common area is clearly defined, with appropriate
covenants forbidding partition;
[2]
Partition for future sale and development is not allowed; and
[3]
The responsibility for improvements and maintenance of the common
area is clearly defined, and a method is provided for funding such
improvements and maintenance of the common area.
(g)
It shall be strongly encouraged that all perimeter areas adjacent
to public roadways shall be landscaped with at least one fifteen-gallon
tree for each 25 feet of frontage along the roadway.
(h)
For those planned residential developments that are nine acres
or larger, all common roadways into the total development shall be
at least 40 feet in width and shall be paved per Village specifications.
(i)
The total development shall be graded to retain localized stormwater
on site.
(j)
There shall be at least 20 feet of separation between buildings.
A.
Intent. The purpose of this zone district is to provide for the development
of rural residential neighborhoods which is compatible with the rural
residential character of the area.
B.
Permissive uses. Any of the following permissive uses are allowed
in this zone district:
C.
Conditional uses. Conditional uses are governed by § 10-1-13 of this Section 10-1. The following uses shall be allowed in this zone district only upon permit granted by the Commission:
(1)
Accessory living quarters.
(2)
Mobile home/manufactured home, provided it meets current installation requirements, or recreational vehicle as a conditional use when used as temporary dwelling unit during construction of a standard site-built dwelling unit or on-site assembly of a modular dwelling unit, in accordance with §§ 10-1-5K and 10-1-18B of this Section 10-1.
(a)
A development review/building permit shall be obtained within
30 days following issuance of the conditional use permit.
(b)
Active and continuous construction shall begin within 90 days
following issuance of the conditional use permit.
(c)
The mobile home/manufactured home shall be removed at the expiration
of the conditional use permit.
(d)
The recreational vehicle shall no longer be used as a residence
after expiration of the conditional use permit.
(4)
Commercial riding stable or riding school, provided the lot is a
minimum of two acres (87,120 square feet) in size.
(5)
Family day-care home as regulated by the applicable New Mexico state
agency.
(6)
Home occupations in accordance with § 10-1-13L shall require approval from either the Planning and Zoning Administrator/Officer or the Commission.
(7)
The processing, packaging, and sales of goods from agricultural products
and/or agricultural by-products.
D.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower as per § 10-1-8D(1).
(2)
Mobile home/manufactured home park as per § 10-1-8D(2).
(3)
Planned residential development as per § 10-1-8D(3).
(4)
Animal sanctuary/shelter as per § 10-1-8D(4).
(5)
Residential care/assisted-living facility as per § 10-1-8D(5).[1]
A.
Intent. The purpose of this zone district is to provide for the development of rural residential neighborhoods consisting of a mixture of detached dwelling units, including conventional, modular, manufactured or mobile home dwelling units, provided they are installed in accordance with § 10-1-5K and applicable floodplain ordinances.[1]
[1]
Editor's Note: See Sec. 11-1, Flood Damage Prevention.
B.
Permissive uses. Any of the following permissive uses are allowed
in this zone district:
D.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 of this Section 10-1 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower as per § 10-1-8D(1).
(2)
Mobile home/manufactured home park as per § 10-1-8D(2).
(3)
Planned residential development as per § 10-1-8D(3).
(4)
Animal sanctuary/shelter as per § 10-1-8D(4).
(5)
Residential care/assisted-living facility as per § 10-1-8D(5).[2]
A.
Intent. The purpose of this zone district is to promote and enhance
existing and new commercial development, including retailing, financial,
and personal services.
B.
Designation of Commercial Zone. The designation of the Commercial
Zone is hereby established under the following criteria:
(1)
A Commercial Zone shall be delineated as the geographic area
as per the Official Zoning Map of the Village of Bosque Farms dated
August 28, 2006.
(2)
The governing body shall make the final determination, upon
recommendation by the Commission, regarding whether any particular
property is within or outside of any Commercial Zone.
(3)
The Village Zone Map shall be made available for public inspection
at the Village Office.
(4)
As of August 5, 2015, all C-1 regulations shall take effect
no later than January 5, 2016; and all noncompliant uses, including
any uses holding a certificate of noncompliance, shall cease unless
brought into compliance with these regulations. A possible extension
of up to six months may be granted at the Planning and Zoning Commission's
discretion upon application to the Planning and Zoning Administrator/Officer.
C.
Application. A site development plan (SDP) shall be required for
all new or redeveloped land use in this zone district.
(1)
At
a minimum, the SDP shall include the following:
(a)
A written statement explaining the purpose and intent of the
development, and a development phase schedule, if appropriate.
(b)
Boundaries and topography of the property to be developed.
(c)
A site map, of sufficient size and scale, showing the proposed location, type, use and size of all structures, setbacks, signs, lighting, on-site parking and loading areas, as required in § 10-1-18 of this Section 10-1, on-site stormwater retention facilities, landscaping, fencing, driveways, traffic and pedestrian circulation routes, and emergency vehicle access. Other information to show compliance with Village ordinances may be required.
(d)
Details of the engineering design of the on-site parking and
on-site stormwater retention facilities shall be included in the SDP.
(e)
Delineation of proposed dedications and easements for public
rights-of-way.
(f)
An area map showing the location, type, use and size of all
structures on adjacent properties within 200 feet of the proposed
development.
(g)
Written documentation showing that the New Mexico Department
of Transportation has been notified of the new use if accessing a
New Mexico state highway, and its findings.
(2)
Deviation or changes from the site plan shall be reviewed by
the Planning and Zoning Administrator/Officer for approval before
the changes are implemented.
D.
Permissive uses. Any of the following permissive uses are allowed
in this zone district:
(1)
Banking and financial services.
(2)
Business and personal services.
(3)
Commercial kennels, veterinary hospitals, animal grooming parlors,
or pet sales stores, provided that:
(a)
All animals shall be retained in a manner that prevents escape
of enclosed animals or entry of other animals;
(b)
Animal quarters shall be designed to ensure safe, healthy, sanitary
conditions for animals on premises;
(c)
Animal quarters shall be maintained to discourage concentration
and breeding of insects and rodents;
(d)
Surface water discharge contamination shall be retained on site;
(e)
Animal waste shall not be allowed to accumulate in amounts that
offend or cause a noxious odor. Such material shall be removed within
10 days of official notification from the Village of Bosque Farms;
(f)
Temporary on-site storage of animal waste shall be designed
to prevent groundwater or surface water contamination; and
(4)
Construction and maintenance contractors and building trades,
including associated storage, equipment sales and services, provided
that:
(5)
Conventional dwelling units, provided that:
(b)
The minimum lot size shall be 3/4 of one acre (32,670 square
feet);
(c)
Raising and management of livestock is excluded;
(e)
Nothing in this subsection shall prohibit having both a dwelling
and a business on the same lot, or both a business and a dwelling
in the same building on the lot; and
(f)
Only one dwelling unit is allowed per lot.
(6)
Food processing activities, in a building under 3,600 square
feet, not including a slaughterhouse, provided all state regulations
and licensing information is provided to the Village of Bosque Farms
Planning and Zoning Administrator/Officer.
(7)
Fireworks sales allowable in accordance with Section 5-5, Fireworks,
of the Village Code.
(8)
Galleries and museums.
(10)
General and professional offices.
(11)
Indoor amusement facilities, provided Village ordinances for
off-street parking and noise regulations are followed.
(12)
Retail business establishments.
(14)
Self-storage mini-warehouses, provided that:
(a)
All storage is within a completely enclosed single-story structure
not to exceed 12 feet in height;
(b)
All stored items shall be enclosed within the structure;
(c)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts; and
(d)
The site shall not exceed two acres (87,120 square feet) in
size.
E.
Conditional uses. Conditional uses as outlined in § 10-1-13 of this Section 10-1. All permissive commercial uses shall also be permissible in conjunction with an approved conditional use. Additional reasonable conditions may be required by the Commission as the situation warrants. The following uses shall be allowed in this zone district only upon permit granted by the Commission:
(2)
Caretaker dwelling unit as provided in § 10-1-13, provided there is no other conventional dwelling unit on the property.
(3)
Mobile home/manufactured home, provided it meets current installation requirements, or recreational vehicles as a conditional use when used as temporary dwelling unit during construction of a standard site-built dwelling unit or on-site assembly of a modular dwelling unit, in accordance with § 10-1-5K and L and:
(a)
A development review/building permit shall be obtained within
30 days following issuance of the conditional use permit;
(b)
Active and continuous construction shall begin within 90 days
following issuance of the conditional use permit;
(c)
The mobile home/manufactured home shall be removed at the expiration
of the conditional use permit; and
(d)
The recreational vehicle shall no longer be used as a residence
after expiration of the conditional use permit.
(4)
Auction house or lot for the purpose of allowing regular public
sales on a site designated for such use in which items of merchandise
are sold to the highest bidder, excluding animals and/or livestock
of any type or nature, provided:
(a)
Storage and/or display areas. Storage and/or display areas shall
not occupy more than 40% of the lot where the auctions are to take
place;
(b)
Off-street parking. There shall be adequate off-street parking as specified in § 10-1-19. Off-street parking within a reasonable distance shall be permitted, subject to approval of the Planning and Zoning Commission, provided written guarantees are given that such off-street parking shall continue to be available for the duration of the conditional use auction permit. Off-street parking and traffic areas shall be clearly designated and separated from the sales area so as not to create traffic or safety hazards, as required by the applicant's safety engineer or qualified expert and reviewed and approved by the Commission;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
(c)
Ingress and egress. Adequate and appropriate ingress and egress
shall be provided to and from the lot and/or area where the auction
is to take place; and
(d)
Storage, display and items to be auctioned. The storage and/or display of items to be auctioned shall be kept in an enclosed building or in an outside area with the construction of a solid fence on all sides to provide a visual barrier at least six feet in height, as defined in § 10-1-4. No stored materials shall be stacked or arranged above the height of the screen wall or fence. The structure shall be erected and maintained between such storage/display area and contiguous residential lots or a residential zone district, to be approved by the Commission.
(5)
Flea markets, subject to the following regulations:
(b)
The sale of animals is prohibited;
(c)
No merchandise intended for sale shall be stored on site after
closing hours;
(d)
All tarps, tents, or sunshades shall be securely attached to
prevent a safety hazard and shall be removed at daily closing time;
(e)
A site plan designed in accordance with the above requirements
shall be submitted as part of the approval process;
(g)
All food vendors shall have a separate business license/registration
with the Village of Bosque Farms and show permit approval by the New
Mexico Environment Department.
(6)
Mobile home/manufactured home sales lot, including, but not
limited to, the sale of new, used or consignment mobile/manufactured
homes.
(a)
Separation requirements for display storage of mobile homes/manufactured
homes shall be at least eight feet from one another and at least 10
feet from all fencing to allow for safety access. There shall be no
dead-end passageways, and passageways will be a minimum of 20 feet
in width. Obstructions under any definition within passageways shall
not be allowed (25-4.3.1 NFPA Special Provisions, 1994, Life Safety
Code);
(b)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(c)
On-site residential use is prohibited;
(e)
Parking of semi-tractor trailer rigs used for moving or transporting
mobile homes/manufactured homes shall be limited to two semi-tractor
trailer rigs per mobile home/manufactured home sales lot;
(f)
Internal and external repair of mobile home/manufactured home
units on site shall be limited to minor repair, and no major structural
repairs or scrapping shall be allowed;
(g)
A mobile home/manufactured home may be used as an office, provided that it meets the requirements as set forth in § 10-1-14 of this Section 10-1; and
(h)
The property shall be paved or surfaced with base course or
gravel.
(7)
Vehicle sales/leasing, including, but not limited to, the sale or leasing of new, used or consignment vehicles, recreational vehicles, trailers and agricultural equipment as defined in § 10-1-4, provided:
(b)
Each vehicle sales space shall require, at a minimum, the length
and width of the vehicle plus a two-foot access aisle around the perimeter
of the vehicle;
(c)
Minimum setbacks from all rights-of-way and property lines for
all parked, displayed or stored vehicles shall be four feet;
(d)
A solid fence, to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be maintained between the activity and contiguous residential zone districts;
(f)
The property shall be paved or surfaced with base course or
gravel; and
(g)
All vehicles must be operable within 30 days of arrival.
(8)
Vehicle service and/or commercial garages, to include collision,
paint and body shops (excluding tire shops and salvage or scrap facilities),
provided that:
(a)
Any major repair work shall be conducted entirely within an
enclosed building;
(b)
Any minor repair work conducted outside of an enclosed building
shall be on a concrete pad and shielded by a visual barrier from street
view;
(c)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(d)
Outdoor storage of not more than three vehicles per enclosed
service bay awaiting repair and/or delivery;
(e)
Provisions are made to adequately handle, contain and control
all hazardous waste and shall meet all EPA requirements;
(f)
All parking areas for customers and vehicles awaiting service
shall be paved or surfaced with base course or gravel;
(g)
Inoperable motor vehicles (as defined under § 10-1-4) shall not remain on the premises for longer than 90 days unless proof of activity, including, but not limited to, invoices dated within the preceding 10 days after the vehicle has been deemed inoperable or vehicle parts have been ordered and have not been received, will be grounds to grant an extension by the Planning and Zoning Administrator/Officer for an additional 30 days. No more than two such extensions shall be granted on any motor vehicle; and
(h)
All miscellaneous materials and parts must be stored within
an enclosed building.
(9)
Processing and manufacturing activities, fabrication and assembly
activities, provided that:
(a)
Bulk storage of toxic substances or hazardous materials shall
be above ground and contained in a manner approved by the Fire Department
and current FEMA;
(b)
All processing activities shall be carried out within a building
and shall not produce off-site impacts which would be disruptive to
contiguous properties;
(c)
No activity is conducted outside;
(d)
Other conditions as may be required by the Commission are met;
and
(e)
No equipment or process shall be used which creates a nuisance
such as noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses, off the premises. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television
receivers off the premises, or causes fluctuations in the line voltage
off the premises;
(10)
Tire shops, provided that:
(a)
All work conducted outside of an enclosed building shall be
on a concrete pad and shielded by a visual barrier from street view;
(b)
A solid fence to provide a visual barrier at least six feet high, as defined in § 10-1-4, shall be erected and maintained between the activity and any contiguous residential zone districts;
(c)
All tires, including new, used and scrap tires, must be stored entirely within an enclosed building or accessory structure [see § 10-1-5R(3)];
(d)
Display of tires shall be limited to not more than four sets
of tires (four tires per set) to be displayed outside of the building
during hours of operation and must be brought back inside at the close
of business;
(e)
The owner/operator must provide the Village with a copy of a
contact for licensed tire disposal with an approved tire disposal
service through the New Mexico Environment Department or show registration
as a scrap tire hauler if the generator will self-haul in accordance
with Section 50 of the New Mexico Recycling, Illegal Dumping and Scrap
Tire Management Rule (RIDSTMR) and be able to provide manifests as
requested by the Planning and Zoning Administrator/Officer; and
(f)
The property shall be paved or surfaced with base course or
gravel;
F.
Special use permits. A special use permit shall be authorized and established as per § 10-1-14 of this Section 10-1 only for the following uses as designated by the governing body:
(1)
Wireless cell phone tower as per § 10-1-8D(1).
(2)
Mobile home/manufactured home park as per § 10-1-8D(2).
(3)
Planned residential development as per § 10-1-8D(3).
(4)
Animal sanctuary/shelter as per § 10-1-8D(4).
(5)
Residential care/assisted-living facility as per § 10-1-8D(5).
(6)
Fairgrounds, baseball park complex, stadium and recreation complex.
(7)
Food processing, except a slaughterhouse, which requires an
area of more than 3,600 square feet.
(8)
Fuel wholesalers and storage (gasoline, liquefied petroleum),
provided that no facilities shall be within 400 feet of any lot in
residential use unless sufficient blast, explosion, or fire confinement
structures are installed according to the appropriate state regulatory
agencies.
(9)
Hospital, sanitarium, and residential treatment centers.
(10)
Manufacturing, compounding, processing activities that require
any work conducted outside, assembling or treatment of products made
from raw or processed materials, provided:
(a)
They comply with current environmental pollution standards;
(b)
Bulk storage of toxic substances or hazardous materials shall
be above ground and contained in a manner approved by the Fire Department
and FEMA;
(c)
There shall be no off-site impacts that are disruptive to contiguous
properties;
(d)
Other conditions as may be required by the Commission and/or
governing body are met; and
(e)
No equipment or process shall be used which creates a nuisance
such as noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses, off the premises. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television
receivers off the premises, or causes fluctuations in the line voltage
off the premises.
(11)
Senior housing development.
[Added 8-18-2016]
(a)
Intent. This use provides for single-family dwellings, townhouses
and uses incidental thereto on smaller lot sizes geared to senior
living in compliance with the Department of Housing and Urban Development,
Housing for Older Persons Act 1995, 42 U.S.C. § 3501. It
is the intent of this subsection to permit eligible persons to live
in developments that are safe, attractive and provide opportunities
for exercise, recreation and social activities.
(b)
Development land requirements. Development may be established in a C-1 Zone on a tract of land containing four or more acres and shall follow the requirements for a major subdivision in the Village of Bosque Farms § 10-2, Land Subdivision Regulations, and § 10-1-18, Development review/flood hazard protection, of this section. Developments shall not be closer than 200 feet from State HWY 47.
(c)
Application.
[1]
The Planning and Zoning Administrator shall, in
conjunction with the Planning and Zoning Commission, develop an application
for any proposed senior housing development. That application may
include, among other things, a site map, utilities, homeowner association
(HOA) agreements, proposed landscaping, and any other materials which
either the Administrator or the Commission believe to be important
to the consideration of the proposed development. Upon the completion
of the application, the Administrator shall transmit the application
to the Planning and Zoning Commission.
[2]
The Planning and Zoning Commission shall begin
its review of the application within 60 days of receiving the application
from the Administrator. The Commission shall have the ability to request
additional information from the applicant, to approve, reject and/or
to require amendments to the proposed development or its HOA agreement
as a condition of its approval of the application. Upon a majority
vote approving the proposed development, the Commission shall transmit
the application to the governing body.
[3]
The governing body shall begin its review of the
application within 60 days of receiving the application from the Commission.
The governing body shall have the discretion to approve or reject
the proposed development, or to remand the application to the Commission
for further consideration.
[4]
The governing body may, by resolution, assess a
fee for the consideration of any application for a senior housing
development.
(d)
Number of units. The number of dwelling units permitted in a
senior housing development is determined by dividing the site area,
minus street and front utility/sidewalk easement, by the minimum lot
size permitted to the nearest whole number. The minimum lot size to
be used for determining the number of dwelling units shall be 4,500
square feet.
(e)
Common area. A minimum of 500 square feet per lot shall be set
aside as common area. Certain portions of drainage control areas may
be accepted as detached open space if approved by Planning and Zoning
Commission. Streets shall not count as common area. "Common areas"
may include, but are not limited to:
(k)
Setbacks:
[1]
There shall be a front yard setback of not less
than 25 feet;
[2]
There shall be a ten-foot side setback on the street
side of corner lots;
[3]
Side yard setbacks which are interior, i.e., measured
from side lot lines which are not adjacent to streets, shall be one
of the following:
[a]
Not less than five feet on each side.
[b]
There shall be one side yard setback of not less
than 10 feet on one side. The other side yard setback may be eliminated
and the abutting lot's contiguous side yard setback may also be eliminated
sharing a common wall such as the case in a townhouse.
[c]
In all cases there shall be 10 feet between nonadjacent
dwellings.
[4]
There shall be a rear yard setback of no less than
10 feet.
(l)
Permeable open space. Permeable open space shall be provided
on site at 800 square feet per lot.
(m)
Streets. Streets shall meet standards required by § 10-2,
Land Subdivision Regulations, regardless of whether they will be dedicated
to the Village of Bosque Farms or they are to remain private.
(n)
Utilities. All utility lines providing electric and telecommunication
services within the senior housing development shall be placed underground.
Individual utility service meters shall be placed in the front portion
of a dwelling space and shall be visible and accessible for monitoring
purposes. All water and sanitary sewer systems shall be designed and
constructed in accordance with Village of Bosque Farms ordinances.
(o)
Homeowners' associations and deed restrictions.
[1]
HOAs shall be established in compliance with the
Homeowner Association Act NMSA 1978, §§ 47-16-1 to
47-16-15, and subject to such additional or amended terms as approved
by the Planning and Zoning Administrator, the Planning and Zoning
Commission and the governing body.
[2]
Deed restrictions shall be referenced on the subdivision
plat and recorded with the Valencia County Clerk's office.
[3]
HOAs shall require individual lot owners and the
members of the homeowners' association to be jointly and severally
liable for maintenance of the senior housing development.
[4]
The recorded deed restrictions may not be amended
or repealed without the Village's prior written approval.
[5]
The Municipal Judge of the Village of Bosque Farms
shall not have jurisdiction to enforce disputes regarding the provisions
of this subsection.
G.
Regulated business.
[Amended 8-19-2021]
(1)
Application. Regulated businesses shall apply on prescribed forms to the Planning and Zoning Administrator/Officer at least 20 days prior to the Planning and Zoning Commission meeting date when the application will be considered. Each application for a regulated business shall be accompanied by a site development plan as described in Subsection C of this § 10-1-11. (See also Subsection H.) Submission of inaccurate information with an application is grounds for denial.
(2)
Preliminary public meeting. The Commission shall hold a public
meeting at which there will be a hearing to evaluate the regulated
business application and shall submit its recommendation in writing
to the governing body. Notice of the public meeting shall be given
in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1
to 10-15-4) at least 15 days' prior to said meeting.
(3)
Public notification. The applicant shall post and maintain one
or more signs on the premises, as provided and where instructed by
the Planning and Zoning Administrator/Officer, at least 15 days'
prior to the date of the Commission and governing body meetings at
which the application will be heard.
(4)
Commission recommendation. All applications for a regulated
business shall first be reviewed by the Commission, which shall submit
a written recommendation concerning the application to the governing
body. If the Commission fails to make such a written recommendation
to the governing body within 45 days after receipt thereof, then the
governing body shall act upon said application without a recommendation
by the Commission.
(5)
Final public hearing. The governing body shall conduct a public
hearing at which all parties in interest and citizens shall have an
opportunity to be heard. Notification of the time and place of the
public hearing shall be given in accordance with the Open Meetings
Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15
days' prior to the hearing. The notice of public meeting published
15 days before the Commission meeting shall be considered sufficient
notice if it also has included the time and place of the public hearing
to be held by the governing body.
H.
Regulated business types. The following uses shall be considered
regulated businesses. Additional reasonable requirements may be required
by the Commission or governing body as the situation warrants:
[Amended 10-20-2016; 8-19-2021]
(1)
"Adult entertainment establishment" includes but is not limited
to an adult bookstore, adult sex accessories/products or services,
adult cabaret, adult photo amusement establishment, adult photo studio,
adult theater, adult video arcade, adult body oil or lotion demonstration
parlors, strip clubs or gentlemen's clubs.
(a)
No person under 18 years of age may enter the business even
if he is accompanied by an adult.
(b)
All clerks/personnel shall be 18 years of age or older.
(c)
The establishment may not display any form of advertising for
adult-oriented products or services in view of the public, with the
exception of any on-site sign that contains the name of a business
for the purpose of identifying the business.
(d)
If the applicant is an individual, the Planning and Zoning Administrator/Officer
shall obtain the current residence address of the applicant, together
with the applicant's social security number. If the applicant
is a partnership, the applicant shall disclose the names of all partners.
If the applicant is a corporation, the applicant shall disclose the
state of incorporation, the date of incorporation, the name and address
sufficient for service of process of the registered agent within New
Mexico and of each officer and director of the corporation. Further,
the Planning and Zoning Administrator/Officer shall obtain the social
security number of each officer or director of the corporation, it
being the intention of this provision that the social security number
shall be utilized to assist in obtaining background information on
the officers and directors of the corporation. If the applicant is
other than an individual, the applicant shall name a managing agent
and provide that person's address and social security number.
It shall be the responsibility of the applicant to pay any applicable
fees on background checks.
(e)
Evidence that the owner, registered agent, resident manager
or any officer or director of any corporation has been convicted or
pled guilty to any felony or misdemeanor involving a crime of moral
turpitude, including, but not limited to, sex offenses or violation
of child pornography laws or other laws restricting or regulating
the dissemination of adult-oriented material within five years preceding
the date of this application will result in denial of the application.
(2)
"Body art/modification establishment" includes but is not limited
to a tattoo shop/parlor, scarification shop/parlor and body piercing
shop/parlor.
(a)
Prior to receiving initial and annual renewal of a business
license for a body art/modification establishment, each business owner
must provide evidence to the Planning and Zoning Administrator/Officer
that the body art establishment successfully passed a state inspection
pursuant to the Body Art Safe Practices Act (NMSA 1978, § 61-17B-1
et seq.) during the preceding calendar year. In the event that the
body art establishment has not been inspected by the state through
no fault of the business owner, the owner may apply to the Village
for a thirty-day extension of time, allowing the business to operate
temporarily until an inspection can be performed. If the body art
establishment fails to successfully pass a state board inspection,
the body art establishment shall suspend body art activities until
it passes a re-inspection.
(b)
Administering body art on any person 18 years of age or under
is prohibited.
(c)
Proof of age will be shown by a government-issued photo identification
accompanied by at least one other government-issued document showing
proof of age, such as a birth certificate.
(3)
Cannabis establishment.
(a)
CANNABIS CONCENTRATE
[1]
CANNABIS ESTABLISHMENT
[1]
[2]
[3]
CANNABIS PRODUCTS
CANNABIS TESTING FACILITY
CHEMICAL EXTRACTION
CHEMICAL SYNTHESIS
COMMERCIAL BUSINESS
COMMERCIAL CANNABIS ACTIVITY
[1]
[2]
CONSUME, CONSUMING, and CONSUMPTION
CONSUMER
CULTIVATE and CULTIVATION
DEPARTMENT
DUAL LICENSEE
EXTRACTION
MANUFACTURE and MANUFACTURING
MARIJUANA
[1]
[2]
NONPROFIT MEDICAL CANNABIS DISPENSARY
OPEN SPACE
PERSON
PROCESS and PROCESSING
PUBLIC PLACE
SMOKE
Definitions. The words and phrases below wherever used in § 10-1-11H(3), shall be construed as defined in the section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Resin extracted from any part of a plant of the genus cannabis
and every compound, manufacture, salt, derivative, mixture or preparation
of that resin or tetrahydrocannabinol.
Does not include industrial hemp, or the weight of any other
ingredient combined with cannabis to prepare topical or oral administrations,
food, drink, or other products.
An entity licensed by the Department to operate all the following:
A single retail location at which the licensee may sell cannabis
and cannabis products to consumers, cultivate cannabis and cannabis
products.
A single off-site cultivation location at which the licensee
may cultivate cannabis, process cannabis and cannabis products, but
from which cannabis and cannabis products may not be transferred or
sold to consumers.
A single off-site location at which the licensee may package
and store cannabis and cannabis products and package and store cannabis
and cannabis products, but from which cannabis and cannabis products
may not be transferred or sold to consumers.
Cannabis concentrate and products that are composed of cannabis
and other ingredients and that are intended for use or consumption,
including edible products, ointments, and tinctures.
The Department or another entity that is licensed by the
Department to analyze the potency of cannabis and test cannabis for
harmful contaminants.
The process of removing a particular component of a mixture
from others present, including removing resinous tetrahydrocannabinol
from cannabis.
Production of a new particular molecule by adding to, subtracting
from, or changing the structure of a precursor molecule.
An activity conducted by companies to provide goods or services
for sale. Commercial business includes the activity done outside of
manufacturing or producing the products. Commercial business can also
include the use of land or business for business activity, such as
retail stores.
The cultivation, production, possession, manufacture, storage,
testing, researching, labeling, transportation, couriering, purchase
for resale, sale or consignment of cannabis products; and
Does not include activities related only to the medical cannabis
program, to cannabis training and education programs or to the personal
cultivation our use of cannabis.
The act of ingesting, inhaling or otherwise introducing cannabis
into the human body.
An individual who is at least 21 years of age and who purchases
cannabis or cannabis products.
To propagate, breed, grow, prepare, and package cannabis.
The State of New Mexico Department of Health Services or
its successor agency.
An entity that holds both a nonprofit medical cannabis dispensary
registration and a cannabis establishment license.
The process of extracting or separating resin from cannabis
to produce or process any form of cannabis concentrates using water,
lipids, gases, solvents, or other chemicals or chemical processes.
To compound, blend, extract, infuse or otherwise make or
prepare a cannabis product.
All parts of the plant of the genus cannabis, whether growing
or not, as well as the seeds from the plant, the resin extracted from
any part of the plant, and every compound, manufacture, salt, derivative,
mixture or preparation of the plant or its seeds or resin.
Includes cannabis as defined in N.M.R.S. § 26-2B-4,
§ 26-2B-5;
Does not include industrial hemp, the fiber produced from the
stalks of the plant of the genus cannabis, oil or cake made from the
seeds of the plant, sterilized seeds of the marijuana to prepare topical
or oral administrations, food, drink, or other products.
A nonprofit entity as defined in N.M.R.S. § 26-2B-4,
§ 26-2B-5.
A public park, public sidewalk, public walkway, or public
pedestrian thoroughfare.
An individual, partnership, corporation, association, or
any other entity of whatever kind or nature.
To harvest, dry, cure, trim, or separate parts of the marijuana
plant.
Has the same meaning prescribed in the Dee Johnson Clean
Indoor Air Act, N.M.R.S. § 24-16-3.
To inhale, exhale, burn, carry, or possess any lighted cannabis
or lighted cannabis products, whether natural or synthetic.
(b)
Cannabis prohibited on public property.
[1]
The use, sale, cultivation, processing, production, storage
or distribution of cannabis or cannabis products is prohibited on
property that is occupied, owned, controlled, or operated by the Village.
[2]
It is unlawful for an individual to smoke cannabis or consume
cannabis products on property that is occupied, owned, controlled,
or operated by the Village, or in any open or public area.
(4)
"Smoke shop" includes but is not limited to a head shop, hookah
bar, hookah lounge, herbal/tobacco smoke shop or vapor dealer.
(a)
No person under 21 years of age may enter the business even
if he is accompanied by an adult.
(b)
All clerks/personnel shall be 21 years of age or older.
(c)
No products may be sold by means of self-service or vending
machine assistance.
(d)
Smoke shops may not display any form of advertising for tobacco
products in visible locations, with the exception of any on-site sign
that contains the name of a business that lawfully sells tobacco products
that have been placed at or upon the business premises for the purpose
of identifying the business.
(e)
Businesses shall not distribute free tobacco products or promotional
items.
(f)
Businesses shall not sell or offer for sale cigarettes or other
tobacco or smoking products not in the original packaging provided
by the manufacturer and with all required health warnings.
(g)
Businesses must comply with all state and federal laws and regulations.
(h)
No smoking shall be permitted inside the shop.
(5)
"Check cashing/payday loan establishment" includes but is not
limited to cash advances, payday advances, payday loans, title loans,
and check cashing establishments.
(a)
Establishments shall comply with all federal and state regulations.
(b)
Establishments may not display any form of advertising for loan
or check that contains the name of a business that lawfully conducts
loans or check cashing services that has been placed at or upon the
business premises for the purpose of identifying the business.
(6)
Bail bonds:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising bail bond services in
visible locations, with the exception of any on-site sign that contains
the name of a business that lawfully conducts bail bond services that
has been placed at or upon the business premises for the purpose of
identifying the business.
(7)
Pawn brokers:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising for pawn broker services
in visible locations, with the exception of any on-site sign that
contains the name of a business that lawfully conducts pawn broker
services that has been placed at or upon the business premises for
the purpose of identifying the business.
(8)
Fortune tellers:
(a)
Shall comply with all federal and state regulations.
(b)
May not display any form of advertising for fortune telling
services in visible locations, with the exception of any on-site sign
that contains the name of a business that lawfully conducts fortune
telling services that has been placed at or upon the business premises
for the purpose of identifying the business.
(9)
"Metal intake/recycling center" includes but is not limited
to recycling centers, aluminum transfers, bottle exchanges, or scrap
metal dealers.
(a)
Site fencing. A solid fence at least six feet in height, as defined in § 10-1-4, with exception to the front setback area being no taller than four feet in height, shall be erected on all perimeters.
(b)
Parking of semi-tractor trailer rigs used for moving or transporting
materials shall be limited to two units and must be stored out of
public view.
(c)
A maximum of three roll-off storage bins will be allowed on
the property and must be stored out of public view.
(d)
Any and all salvage or scrap material will be unloaded on an
appropriate concrete pad or the inside of the building and stored
out of public view.
(e)
Centers shall comply with all federal and state requirements
and regulations.
(10)
"Salvage or scrap facility" includes but is not limited to salvage
yards, scrap yards, wrecking yards, junkyards, dismantlers, or any
entity in the business of outdoor storage or deposit for storing,
keeping, processing, buying or selling disused vehicles, disused machinery
or other disused goods or materials for resale.
(a)
All vehicle parking areas for customers shall be paved or surfaced
with base course.
(b)
All areas where salvage containing EPA-regulated fluids are
stored must be paved.
(c)
Each vehicle space shall require at a minimum the length and
width of the vehicle plus a two-foot access aisle around the perimeter
of the vehicle.
(d)
Minimum setbacks from all rights-of-way and property lines for
all parked, displayed or stored vehicles shall be four feet.
(e)
Solid fence, to provide a visual barrier at least six feet high as defined in § 10-1-4, shall be maintained between the activity and contiguous residential zone districts.
(f)
Provisions are made to adequately handle, contain and control
all hazardous waste and shall meet all EPA requirements.
(g)
All miscellaneous materials and parts must be stored within
an enclosed building.
(h)
Other conditions as may be required by the Commission. As of November 1,2016, all regulations for § 10-1-11H(10) shall be complied with no later than May 1, 2017; and all noncompliant uses, including any uses holding a certificate of noncompliance, shall cease unless brought into compliance with these regulations. A possible extension of up to six months may be granted at the Planning and Zoning Commission's discretion upon application to the Planning and Zoning Administrator/Officer.
I.
Regulated business requirements. Anti-skid-row regulations shall apply to all regulated businesses in an effort to disperse businesses evenly across the Village in order to avoid a high-density area, or skid row effect. All regulated businesses shall comply with the distance requirements listed below (See also § 10-1-11G.):
[Amended 10-20-2016; 8-19-2021]
(1)
Shall be at a location no closer than 1,000 feet to another
regulated business. All measurements shall be the shortest direct
line measurement between the main entrance and the proposed premises
main entrance.
(2)
Shall be at a location no closer than 1,000 feet from a school
property line (universities, community colleges, high schools, junior
high schools, elementary schools, nursery schools).
(a)
Exceptions: Cannabis establishments shall be a minimum of 300
feet from any school or daycare center.
(3)
Shall be at a location no closer than 1,000 feet from state-licensed
child-care centers and/or family day-care facilities property line.
(a)
Exceptions: Cannabis establishments shall be a minimum of 300
feet from any school or day-care center.
(4)
Shall be at a location no closer than 1,000 feet from youth-frequented
locations, including, but not limited to, religious institutions,
public libraries, public parks, bowling alleys, electric-game centers,
pool and billiard halls, laser-tag or paint ball facilities.
(5)
Shall have a 350-foot setback between any activity conducted by the salvage or scrap facility, including any activity defined in Subsection H(10) and the lot line of any residentially zoned lot or lot in residential use regardless of zoning.
(6)
Shall pay a yearly regulated business licensing fee as per Section
5-1, Business Registration or License.
J.
Special provisions. The following provisions shall apply to all commercially
zoned properties:
(1)
Any development plans with proposed infrastructure improvements
such as streets, sidewalks, and water and sewer utilities shall be
subject to the requirement for subdivision approval as set forth in
the Section 10-2, Subdivision Regulations, of the Village Code. In
addition, any subdivision of land shall be subject to the provisions
of Section 10-2, Subdivision Regulations.
(2)
Landscaping shall be strongly encouraged on all new and existing
development in this zone district. Visually attractive trees and shrubs
should be placed along Bosque Farms Boulevard (NMSH 47) to enhance
and soften the streetscape, and landscaping is encouraged to be placed
as buffers along the perimeter of the C-1 Zone District and contiguous
residential zones.
(3)
No development shall divert or channel stormwater runoff to
contiguous properties. To the extent possible, direct precipitation
shall be retained on site. It shall be strongly encouraged that all
stormwater retention basins will be landscaped with appropriate plantings
to withstand excess water and to aid in the filtration of polluted
runoff.
(4)
Exterior lighting in this zone district shall be controlled
to avoid spillover of light and glare on operators of motor vehicles,
pedestrians, and land uses in the proximity of the light source. Furthermore,
in order to preserve and enhance the community's natural resource
of dark skies, all outdoor night lighting fixtures shall be effectively
shielded to prevent direct or reflected light into the sky.
(5)
All outdoor storage shall be enclosed on all sides by a solid fence at least six feet high, as defined in § 10-1-4. No stored materials shall be stacked or arranged above the height of the screen wall or fence.
(6)
There shall be no storage within setback areas as defined in § 10-1-5D; or, alternatively, there shall be designated emergency access.
(7)
No display and storage areas shall impose an undue burden upon
police, fire or other emergency response officials or otherwise provide
an unsafe or hazardous environment, and display and storage areas
must allow free access for equipment.
(8)
All display and storage areas shall be kept weed, refuse and
vermin free and shall not present a hazard to customers or the health,
safety and welfare of the Village.
(9)
All display shall be set back from the street and public right-of-way lines so as not to obstruct pedestrian or vehicle traffic, allowing adequate visibility consistent with § 10-1-5O.
(10)
Adequate refuse containers shall be provided to control litter.
(11)
Adequate sanitary facilities (rest rooms), either portable or
permanent, shall be provided on site.
(12)
A list of hazardous materials or explosives that are stored
in bulk on the property, with such storage areas clearly marked on
the map, shall be provided to the Fire Chief and the floodplain administrator.
(13)
No use will be allowed which will create dangerous, injurious,
noxious, or other conditions that will pose a threat to public health,
safety and welfare. No adverse impact on surrounding property will
be allowed.
(14)
All businesses shall pay a business registration fee within
10 days following issuance of such permit; and shall maintain a current
state Taxation and Revenue number and state licensing and certification
if applicable to the type of business conducted.
(15)
There shall be adequate, legal access, which may require a New
Mexico Department of Transportation access permit for development
on New Mexico Highway 47.
K.
Setbacks, lot size and open space. The minimum lot size for this
zone district shall be a minimum of 1/4 of one acre (10,890 square
feet) and shall meet the following requirements:
(1)
Development shall be connected to the Village water and wastewater
systems;
(5)
There shall be no adverse impact created upon contiguous properties;
(6)
In cases where both water and wastewater system connections
are not established, the minimum lot size shall be 3/4 of one acre
(32,670 square feet), with on-site stormwater retention; and
(7)
Site development plans are required for all new development
in this zone district.
L.
Exceptions. Any and all other business activities and/or the like
of which are not covered in this Section 10-1 shall be disallowed
except by completing and filing a business exception permit which
will be presented to the Planning and Zoning Commission for determination.
Permits may or may not be allowed after consideration of this Section
10-1 and the Comprehensive Land Use Plan.
A.
Intent. This section is intended to provide supplemental land use
and development regulations in an area designated to protect the groundwater
source of municipal water supply wells from contamination originating
from human activities. Specifically, regulations shall be imposed
on the surface and subsurface area surrounding a municipal water supply
well, through which contaminants are likely to move toward and reach
such water well.
B.
Designation of overlay zone. The designation of one or more Wellhead
Protection Overlay Zones is hereby established under the following
criteria:
(1)
A Wellhead Protection Overlay Zone shall be delineated as a
geographic area within a one-thousand-foot radius around each municipal
water supply wellhead, as recommended by the New Mexico Environment
Department in the State Wellhead Protection Program.
(2)
An alternative delineation of the Wellhead Protection Overlay
Zone may be used, provided it is based on an acceptable hydrogeologic
evaluation and a validated groundwater flow model.
(3)
The governing body shall determine whether any particular property
is within or outside of any Wellhead Protection Overlay Zone.
(4)
Wellhead Protection Overlay Zones shall be delineated on the
Village Zone Map, which shall be available for public inspection at
the Village Office.
(5)
In the event that a Wellhead Protection Overlay Zone lies partially or wholly outside the municipal corporate limits, extraterritorial jurisdiction shall be imposed as authorized by NMSA 1978, § 3-27-3. Intergovernmental arrangements with another governmental entity, within whose jurisdiction the Wellhead Protection Overlay Zone lies, may be executed through a joint powers agreement, as authorized by NMSA 1978, §§ 11-1-1 to 11-1-7, for the purposes of coordinated planning and administration of this section.
C.
Conditional uses. A conditional use permit shall be granted by the
Village of Bosque Farms and shall be either permanent or renewable,
depending upon the requirements and procedures for conditional uses
as specified by this Section 10-1, as follows:
D.
Prohibited uses. Businesses, materials and activities of the following
types shall not be allowed within Wellhead Protection Overlay Zones:
(1)
Solid waste disposal, including transfer stations.
(2)
Underground storage tanks.
(3)
Uncontained storage of road salt or other deicing materials.
(4)
Industrial uses which discharge contact-type process waters
on-site.
(5)
Commercial animal feedlots.
(6)
Mining activities, including sand and gravel excavation.
(7)
Automotive fueling, maintenance, repair, and salvage activities.
(8)
Collection, storage, processing, or disposal of hazardous materials.
(9)
Commercial septage disposal sites.
(10)
Liquid petroleum product pipelines.
(11)
Trucking and bus terminals.
(12)
Dry cleaning business.
(13)
Electrical, electronic manufacturing facilities.
(14)
Metal plating, finishing, or fabricating facilities.
(15)
Chemical processing or storage facilities.
(16)
Wood preserving or treating facilities.
(17)
Junk, scrap, or salvage yards.
(18)
Irrigated nursery or greenhouse stock.
(19)
Injection wells, dry wells, or sumps.
E.
Special conditions. The following conditions apply to all uses within
the Wellhead Protection Overlay Zone:
(1)
In addition to the prohibitions set forth in this section, any
use involving a discharge to groundwater is not allowed in this zone
unless the discharge is demonstrated to cause no contamination of
the receiving groundwater.
(2)
On-site liquid waste disposal systems shall be subject to periodic
inspection to determine compliance with the New Mexico Liquid Waste
Disposal Regulations.
(3)
Use of pesticides, herbicides, fertilizers, manures, and other
potentially dangerous leachable substances shall be minimized, and
bulk storage of these substances shall be prohibited.
(4)
The minimum lot size for any use with an on-site liquid waste
disposal system shall be one acre.
(5)
Proposals for nonresidential development in this zone shall
include a site plan indicating:
(6)
Every abandoned well shall be filled and plugged with such materials
and in such manner to prevent contamination from entering the groundwater
through the abandoned well according to state regulations.
(7)
All facilities shall adhere to appropriate state and federal
standards for storage, handling, and disposal of any hazardous waste
material.
(8)
An acceptable contingency plan for all facilities with hazardous
materials on site shall prepare an acceptable contingency plan preventing
hazardous materials from contaminating the underlying aquifer should
floods, fire, or other natural catastrophes, equipment failure or
release occur.
(9)
For fire control, plans shall include but not be limited to
a safe fire-fighting procedure, a fire-retarding system, effective
containment of any liquid runoff, and provide for dealing safely with
any other health and technical hazards that may be encountered by
disaster control personnel in combating fire. Hazards to be considered
are pipes, liquids, chemicals, or open flames in the immediate vicinity.
(10)
For any release occurring, the owner and/or operator shall report
all incidents involving liquid or chemical material to the Village
Planning and Zoning Administrator/Officer.
F.
Substantial modification.
(1)
Substantial modification shall be supported by scientifically
based studies from a qualified source.
(2)
Any facility involving the collection, handling, manufacture,
use, storage, transfer or disposal of any hazardous solid or liquid
material or wastes shall have a secondary containment system which
is easily inspected and whose purpose is to intercept any leak or
release from the primary containment vessel or structure.
(3)
Adherence to the Spill Prevention Countermeasure Control (SPCC)
Regulations, where applicable, is required.
(4)
Underground tanks or buried pipes carrying hazardous materials
shall have double walls and inspectable sumps.
(5)
Open liquid waste ponds containing hazardous materials shall
not be permitted without a secondary containment system.
(6)
Storage of petroleum products in quantities exceeding 100 gallons
at one locality in one tank or series of tanks shall be in elevated
tanks; such tanks shall have a secondary containment system.
G.
Administration. Primary responsibility for administering this section
shall be assigned to the Planning and Zoning Administrator/Officer
and Public Utilities Director, who shall be assisted by other municipal
employees as appropriate. The following duties shall be performed
by the Planning and Zoning Administrator/Officer within the Wellhead
Protection Overlay Zone:
(1)
Maintain a special file for those conditional uses within the
Wellhead Protection Overlay Zone;
(2)
Maintain a map-based inventory of all land use activities, including
septic tanks, underground storage tanks, and all other water wells,
public and private, active and abandoned, within the Wellhead Protection
Overlay Zone;
(3)
Conduct on-site inspections as necessary to enforce the provisions
of this section;
(4)
Develop and maintain a contingency plan for the provision of
alternate drinking water supplies in the event of contamination at
a municipal water supply well; and
(5)
Prepare and present an annual report during the first quarter
to the governing body for the purpose of summarizing the status of
land use activities within the Wellhead Protection Overlay Zone and
any actions taken, or in the progress, by the Village of Bosque Farms
in carrying out the provisions of this section. Following acceptance
of such annual report by the governing body, a copy of such annual
report shall be transmitted to the appropriate staff of the New Mexico
Environment Department.
A.
Permit required. No conditional use shall be established in any zone
district except upon permit issued by the Commission, which shall
be guided in making a decision by the criteria set forth in this section.
Conditional use permits (CUPs) shall apply only to the property that
was granted the CUP and are not transferable to another site. Any
person seeking a conditional use permit shall provide to the Commission
such information as it may reasonably require to determine whether
the grant of the requested conditional use permit is consistent with
the intent and purpose of this Section 10-1. Any change in the terms
and/or conditions shall require reapplication.
B.
Application. Any request for a conditional use permit shall be submitted
with the filing fee on an application obtainable at the Village offices.
Any landowner wishing to apply for a CUP that is currently held by
a lessee for the same use may have the filing fee waived until January
5, 2016. The Planning and Zoning Administrator/Officer shall transmit
the application and any supplementary information to the Commission
for review and consideration at the next regular Commission meeting
scheduled at least 20 days after the completed application is received
by the Planning and Zoning Administrator/Officer.
C.
Public notification. The applicant shall post and maintain one or
more signs on the premises, as provided and where instructed by the
Planning and Zoning Administrator/Officer, at least 15 days prior
to the date of the Commission meeting at which the conditional use
permit application will be heard or 15 days prior to the home occupation
permit being approved by the Planning and Zoning Administrator/Officer.
D.
Guidelines. In considering an application for a conditional use permit,
the Commission shall not grant any conditional use permit unless satisfactory
provision and arrangement has been made concerning the following minimum
guidelines, where applicable:
(1)
Ingress and egress to the property and proposed structures thereon,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
or catastrophe; written documentation showing that the New Mexico
Department of Transportation has been notified of the new use, if
accessing Bosque Farms Boulevard (NMSH 47);
(2)
Off-street parking and loading areas where required, with particular
attention to refuse and service areas;
(3)
Public and private utilities, with reference to locations, availability,
and compatibility;
(4)
The noise, glare, odor, or economic effects of the conditional
use on adjoining properties;
(5)
General compatibility with adjacent properties and other property
in the district; and
(6)
All uses with a conditional use permit shall comply with the
regulations of the New Mexico Environment Department, if applicable.
E.
Denial or withdrawal of permit.
(1)
If any conditional use permit is denied, the Commission shall
state in writing the reason for denial.
(2)
Any of the following reasons shall be cause for withdrawal by
the Commission of a conditional use permit (as applicable):
(a)
Misrepresentation of information stated on the permit application
or presented before the Commission;
(b)
Violating any of the limits or restrictions stated on the permit
application; and
(c)
Applicants who do not bring in the required documentation relating
to any part of this section within 30 days.
F.
Violation and/or breach of the conditional use permit shall be heard
by the Commission at the next regularly scheduled meeting after the
violation is made known to it. Violation and/or breach of any provision
may result in termination of the conditional use permit. Knowingly
violating any of this section is punishable by a fine of up to $500
per day.
G.
Reevaluation. Where there has been significant change in the physical
extent, operations, or character of a permitted conditional use, the
Commission may require a reevaluation of the conditional use permit.
Significant change shall be determined by the Commission, based on
a review of the conditional use permit.
H.
Expiration. Conditional use permits shall be either permanent or
renewable.
(1)
Permanent conditional uses may be granted to landowner on a permanent basis, but shall comply with Subsection H(3).
(2)
Renewable conditional uses may be granted to a landowner or
business operator and shall be approved for a specified duration at
the Commissioners' discretion.
(3)
If the rights and privileges granted under the conditional use
permit have not been used for a period of one year, or if, after the
use has begun, it ceases for a period of one year as determined by
the Planning and Zoning Administrator/Officer, there shall be an automatic
expiration of the conditional use permit.
(4)
Noncompliance with any special restriction or requirement after
30 days following the date of the permit, or a stated effective date
on the permit, shall render the permit null and void.
I.
Renewable conditional use. Thirty days prior to expiration, the permit
shall be subject to review and possible extension by the Planning
and Zoning Administrator/Officer, if no changes have been made to
the original application or the currently approved conditional use
permit. If there are changes, the application shall be forwarded to
the Commission and shall be processed in the same manner as the original
application.
J.
Special requirements. For any conditional use permit, the Commission
may establish special restrictions or requirements, and the reasons
for such restrictions or requirements shall be clearly stated in writing
on the conditional use permit.
K.
Additional requirements. All recipients of a conditional use permit
for a business or home occupation shall pay a business registration
fee within 10 days following the issuance of such permit. All recipients
of a conditional use permit shall maintain a current State Taxation
and Revenue number and state licensing and certification, if applicable
to the type of business conducted.
L.
Home occupations. A conditional use permit for a home occupation shall be either permanent or renewable and may be issued by the Planning and Zoning Administrator/Officer or Commission subject to the following requirements. If a home occupation permit meets all the following requirements, it may be approved by the Planning and Zoning Administrator/Officer. Any deviations from the following requirements will require approval from the Planning and Zoning Commission. In either case, the posting of the sign will be required by the applicant as per Subsection C of this § 10-1-13.
(1)
No person other than members of the family residing on the premises
shall be engaged in the home occupation. Allowances shall be made
for non-family employees not working on the premises of the home occupation
to visit the premises, provided such employees' responsibilities are
identified and the frequency of daily trips made to the premises of
the home occupation is stated. Non-family member employees shall not
report for work at the home occupation premises;
(2)
The use of the dwelling unit for a home occupation shall be
clearly incidental and subordinate to its principal use for residential
purposes by its occupants, and not more than 25% of the floor area
of such dwelling unit, or more than 600 square feet of an accessory
building, contiguous and partitioned, shall be used in the conduct
of the home occupation;
(3)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation, other than one sign, not to exceed five square feet, as regulated by this Section 10-1 [see § 10-1-20D(9)];
(4)
There shall be no sales in connection with a home occupation
that would disrupt the residential nature of the district;
(5)
No traffic shall be generated by a home occupation in greater
volumes than would normally be expected in a residential neighborhood;
(6)
No equipment or process shall be used in a home occupation which
creates a nuisance such as noise, vibration, glare, fumes, odors,
or electrical interference detectable to the normal senses, off the
premises. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference
in any radio or television receivers off the premises, or causes fluctuations
in the line voltage off the premises;
(7)
A maximum of two service vehicles are allowed if one is stored
in an enclosed building;
(8)
Upon the approval of a conditional use permit for a home occupation
by the Commission, a copy of such permit, along with any supplemental
documentation, shall be provided to the applicant. The Commission
shall ascertain that all limits and restrictions are clear to the
applicant at the time of permit approval;
(9)
A list of hazardous materials or explosives that are stored
in bulk on the property, which are used in the home occupation, with
such storage areas clearly marked on the map, shall be provided to
the Fire Chief and the floodplain administrator; and
(10)
No use will be allowed which will create dangerous, injurious,
noxious, or other conditions that will pose a threat to public health,
safety and welfare. No adverse impact on surrounding property will
be allowed.[1]
[1]
Editor's Note: Former Subsection L(11), regarding business
registration fees, which immediately followed this subsection, was
repealed at time of adoption of Code (see Section 1-1).
M.
Bed-and-breakfasts.
(1)
Zoning requirements. A bed-and-breakfast establishment is permitted
(with a conditional use permit) only in C-1, R-1 and A-R Zone Districts.
The minimum lot size in the R-1 Zone District shall be 3/4 of one
acre (32,670 square feet), and the minimum lot size in the A-R Zone
District shall be two acres (87,120 square feet). Bed-and-breakfast
establishments are prohibited in all other zone districts. A bed-and-breakfast
will only be allowed on Village streets designated as "collector"
streets and on "local" streets if all property owners within 100 feet
are in agreement.
(2)
Permits/Licenses required. No bed-and-breakfast use shall be
lawfully established without first obtaining a conditional use permit
pursuant to the provisions of this Section 10-1. Additionally, before
issuance of a conditional use permit, an applicant shall show satisfactory
written proof that the property has been inspected and approved by
the Planning and Zoning Administrator/Officer for compliance with
these regulations, and the Health Department, and that all required
licenses have been issued by the State of New Mexico. The facility
shall comply with all applicable fire, health and safety codes.
(3)
Accessory use. A bed-and-breakfast facility shall be accessory
to the use of a property as a single-family residential home. This
means that the individual or family who operates the facility shall
also occupy the house as his/her primary residence.
(4)
Maximum size. Bed-and-breakfast facilities are limited to a
maximum of four guest rooms available for rent to guests. The bed-and-breakfast
room(s) shall occupy no more than a total of 25% of the dwelling unit
floor area. All guest rooms shall be contained within the principal
structure. No residence shall be utilized for a bed-and-breakfast
operation unless there are at least two exits to the outdoors from
such premises. Rooms utilized for sleeping shall have a minimum size
of 100 square feet for two occupants, with an additional 30 square
feet for each additional occupant, to a maximum of four occupants
per room.
(5)
Lighting. Lighting shall be provided and shall be kept to a
contiguous, compact and well-defined area between the residential
structure and the parking area. Any additional exterior lighting for
the bed-and-breakfast is prohibited.
(6)
Parking. All parking, whether for guests, property owners, employees,
or invitees, shall be on-site. No parking shall be allowed on any
public streets or roads. One off-street parking space per room to
be rented shall be provided, in addition to the owner's vehicles.
Tandem parking is allowed; however, not more than two cars per lane
shall be allowed.
(7)
Signage. Bed-and-breakfast establishments are allowed an identification sign not exceeding five square feet in size. The signs shall be located on site as per § 10-1-20D.
(8)
Appearance. Residential structures may be remodeled for the
development of a bed-and-breakfast facility. However, structural alterations
may not be made which prevent the structure from being used as a residence
in the future. Internal or external changes which will make the dwelling
appear less residential in nature or function are not allowed. Examples
of such alterations include paving of required setbacks and commercial-type
exterior lighting. The kitchen shall not be remodeled into a commercial
kitchen; however, commercial-grade appliances may be allowed as recommended
by NMED.
(9)
Sewer and water hookup. The residence shall be connected to
the Village sewer and water systems.
(10)
Smoke alarms. Smoke alarms shall be hard-wired (not battery-operated),
installed and maintained in each room designated for guest occupancy.
(11)
Fire extinguisher. A minimum 1A:10 BC portable fire extinguisher
shall be provided in the kitchen of the bed-and-breakfast residence.
(12)
Escape window. Each guest room in the bed-and-breakfast residence
shall be provided with an escape window as defined in the State Building
Code.
(13)
Employees. A bed-and-breakfast establishment shall have no employees.
(14)
Length of stay. No guest shall stay in the facility for more
than 14 days within any thirty-day period.
(15)
Guest log book. All bed-and-breakfast facilities shall maintain
a guest log for all paying guests that shall include the names and
home addresses of guests, guest license plate numbers if traveling
by automobile, dates of stay, and the room number of each guest. It
shall be unlawful for any person to make false statements in said
register. No page of the register may be disposed of until three years
after the date of the most recent entry recorded on it.
(16)
Liquor service. No liquor is to be sold or served on the premises
by the owner/manager to paying guests.
(17)
Meals. A morning meal shall be served on premises and included
within the room charge for guests of the facility and shall be the
only meal provided. The facility is not allowed to serve meals to
nonresident guest for compensation. Additionally, there shall be no
cooking in the guest rooms, other than microwave use.
(18)
Other uses. The facility shall not be used for commercial receptions
or other public gatherings.
(19)
Public hearing and acceptance. Whenever a bed-and-breakfast
facility is proposed, the Planning and Zoning Administrator/Officer
will contact by written notification, certified US mail and return
receipt requested, all residential (property) homeowners within 100
feet of the dwelling, excluding public right-of-way, to determine
if they accept the proposed change in use for the property. If more
than 2/3 of the residents contacted within the one-hundred-foot zone
are against the bed-and-breakfast facility, then that may serve as
a basis for denial of the conditional use. Noncompliance with the
provisions of this Section 10-1, other Village ordinances, and state
statutes is also grounds for denial.
A.
Intent. Special use permits permit only those approved uses which
require special consideration because of their unusual characteristics,
dimensions, and frequency of occurrence, effect on surrounding property
or other similar reason. This permit may be determined on a case-by-case
by case basis following the procedures for a zone change as provided
by this Section 10-1. Any accessory uses shall be approved by the
governing body. Any change in the terms and/or conditions shall require
reapplication. Supplementary regulations and special conditions may
be imposed by the governing body upon recommendation by the Commission.
The governing body shall not grant a special use permit unless satisfactory
provisions have been made:
(1)
To preserve the integrity, character and the value of the property
in adjacent zone districts.
(2)
To assure that the special use permit will not become detrimental
to the public health, safety or general welfare of the Village.
(3)
To assure that the special use permit will not pose a danger
of explosion, toxic or noxious odors or otherwise endanger adjacent
properties or the general public.
B.
Application. Each application for a special use permit shall declare
the proposed use and shall be accompanied by development plans of
sufficient size and scale and which shall include:
(1)
A site development plan (SDP) shall be required for all new
or redeveloped land use for this special use permit.
(a)
At a minimum, the SDP shall include the following:
[1]
A written statement explaining the purpose and intent of the
development, and a development phase schedule, if appropriate.
[2]
Boundaries and topography of the property to be developed.
[3]
A site map, of sufficient size and scale, showing the proposed location, type, use and size of all structures, setbacks, signs, lighting, on-site parking and loading areas, as required in § 10-1-19 of this Section 10-1, on-site stormwater retention facilities, landscaping, fencing, driveways, traffic and pedestrian circulation routes, and emergency vehicle access. Other information to show compliance with Village ordinances shall be required.
[4]
Details of the engineering design of the on-site parking and
on-site stormwater retention facilities shall be included in the SDP.
[5]
Delineation of proposed dedications and easements for public
rights-of-way.
[6]
An area map showing the location, type, use and size of all
structures on adjacent properties within 200 feet of the proposed
development.
[7]
Written documentation showing that the New Mexico Department
of Transportation has been notified of the new use if accessing a
New Mexico state highway.
(b)
Deviation of changes from the site plan shall be reviewed by
the Commission for approval before the changes are implemented; and
C.
Special provisions.
(1)
Any development plans proposing infrastructure improvements
such as streets, sidewalks, and water and sewer utilities shall be
subject to the requirement for subdivision approval as set forth in
the Section 10-2, Subdivision Regulations. In addition, any subdivision
of land shall be subject to the provisions of Section 10-2.
(2)
Landscaping shall be strongly encouraged on all new and existing
development. The following guidelines are provided for landscaping
design:
(a)
Visually attractive trees and shrubs should be placed along
Bosque Farms Boulevard to enhance and soften the streetscape.
(b)
Landscaping is encouraged to be placed as buffers along the
perimeter of the special use permit property and contiguous properties.
(c)
Trees should be interspersed throughout off-street parking areas
to provide shade for parked cars.
(d)
No development shall divert or channel stormwater runoff to
contiguous properties. To the extent possible, direct precipitation
shall be retained on site. It shall strongly be encouraged that stormwater
retention basins may be landscaped with appropriate plantings to withstand
excess water and to aid in the filtration of polluted runoff.
(f)
Adequate refuse containers shall be provided to control litter.
(g)
Adequate sanitary facilities (rest rooms), either portable or
permanent, shall be provided on site.
(h)
A list of hazardous chemicals or explosives that are stored
in bulk on the property, with such storage areas clearly marked on
the map, shall be provided to the Fire Chief and the floodplain administrator.
(i)
No use will be allowed which will create dangerous, injurious,
noxious, or other conditions that will pose a threat to public health,
safety and welfare. No adverse impact on surrounding properties will
be allowed.
(j)
All businesses shall pay a business registration fee within
10 days following approval of the special use permit and shall maintain
a current Taxation and Revenue number and state licensing and certification
if applicable to the type of business conducted.
(k)
There shall be adequate, legal access, which may require a New
Mexico State Transportation Department access permit for development
on New Mexico Highway 47.
(l)
If the owners of 20% or more of the area of the lots and the
land included in the area proposed for a special use permit or within
100 feet, excluding public right-of-way, of the area proposed protest
in writing to the proposed change, the proposed change shall not become
effective unless the change is approved by a majority vote of all
the members of the governing body.
D.
Termination of a special use permit. In the event that a use authorized
as a special use permit is discontinued for a period of 30 days, such
use shall not thereafter be reestablished unless there is reapplication
for a special use permit.
E.
Revocation of existing special use zones and issuance of a special
use permit. Upon the enactment of this Section 10-1, any and all properties
which have an existing special use zone are hereby rescinded and deemed
null and void. Such existing special use zones will be issued a special
use permit within 30 days of the enactment of this Section 10-1. All
such properties, which had been issued a special use zone and issued
a special use permit, shall adhere to the provisions of this Section
10-1. All special use zones effected by this section are permitted
to continue their respective special use zone activity within the
30 days as prescribed herein.
A.
Intent. The major focus of any recommendations for change or endorsement
of plans as presented shall be to promote the educational, cultural,
and economic welfare of the Village by preserving and protecting neighborhoods
and a rural lifestyle and to strengthen the economy of the Village
by stabilizing and improving the property values to help property
owners avoid any action which might tend to decrease property values.
B.
Map amendment procedures.
(1)
Amendment. Application for amendment to the Zone Map may be
made by any landowner or his agent or by the Village of Bosque Farms
or any official or body thereof.
(2)
Application. Amendments to the Zone Map shall be initiated by
application to the Village of Bosque Farms on prescribed forms and
upon payment of an administrative fee. The administrative fee will
be waived if the proposed change is initiated by the Planning and
Zoning Administrator/Officer. A completed signed and notarized application
form shall be received by the Planning and Zoning Administrator/Officer
at least 20 days prior to the Commission meeting date when the application
will be considered. Each application for an amendment to the Zone
Map shall be accompanied by an accurate site plan, building plan,
sketch, evidence of interest in property, and other related information
as required by this Section 10-1, the Commission or the governing
body. Submission of inaccurate information with an application is
grounds for denial.
(3)
Preliminary public meeting. The Commission shall hold a public
meeting to evaluate proposed zone changes or amendments to this Section
10-1 and shall submit its recommendation in writing to the governing
body. Notice of the public meeting shall be given in accordance with
the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4)
at least 15 days prior to said meeting.
(4)
Posting. Applicants requesting a zone change shall post a copy
of the prescribed form on the property at the applicant's expense.
Posting shall be in the form of a sign structure at least three feet
high and large enough to receive the form. The sign shall be placed,
at least 15 days prior to preliminary public meeting, in such a location
that it can readily be viewed from the nearest roadway.
(5)
Spot zoning. Any request for a change of zoning for a relatively
small area which would establish a zone district that is inconsistent
or incompatible with the surrounding area, and which might bring about
a detriment to the surrounding area, shall be considered an inappropriate
zone change and shall be given a negative recommendation from the
Commission to the governing body, unless it is demonstrated that the
public welfare will be served.
(6)
Commission recommendation. All applications for an amendment
to this Section 10-1 shall first be reviewed by the Commission, which
shall submit a written recommendation concerning the application to
the governing body. If the Commission fails to make such a written
recommendation to the governing body within 45 days after receipt
thereof, then the governing body shall act upon said application without
a recommendation from the Commission.
(7)
Final public hearing. The governing body shall conduct a public
hearing at which all parties in interest and citizens shall have an
opportunity to be heard. Notification of the time and place of the
public hearing shall be in accordance with the Open Meetings Act (NMSA
1978, §§ 10-15-1 to 10-15-4) at least 15 days prior
to the hearing. The notice of public meeting published 15 days before
the Commission meeting shall be considered sufficient notice if it
also has included the time and place of the public hearing to be held
by the governing body. Whenever a change in a zoning district boundary
is proposed, notice of the public hearing shall be mailed by certified
mail, return receipt requested, to the owners of land within the area
proposed to be changed by a zoning regulation and within 100 feet,
excluding public right-of-way, of the area proposed to be changed
by zoning regulation.
(8)
Decision. If the owners of 20% or more of the area of the lots
and of land included in the area proposed to be changed by a zoning
regulation or within 100 feet, excluding public right-of-way, of the
area proposed to be changed by a zoning regulation protest in writing
to the proposed change in the zoning regulation, the proposed change
in zoning shall not become effective unless the change is approved
by a majority vote of all the members of the governing body.
C.
Ordinance text change procedures.
(1)
Amendment. Application for amendment to the text of this Section
10-1 may be made by any landowner or his agent or by the Village of
Bosque Farms or any official or body thereof.
(2)
Application. Amendments to the text of this Section 10-1 shall
be initiated by application to the Planning and Zoning Administrator/Officer
on prescribed forms and upon payment of an administrative fee. The
administrative fee will be waved if initiated by the Village of Bosque
Farms. A completed signed and notarized application form shall be
received by the Planning and Zoning Administrator/Officer at least
20 days prior to the Commission meeting date when the application
will be considered.
(3)
Preliminary public meeting. The Commission shall hold a public
meeting to evaluate proposed zone changes or amendments to this Section
10-1 and shall submit its recommendation in writing to the governing
body. Notice of the public meeting shall be given in accordance with
the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4)
at least 15 days prior to said meeting.
(4)
Commission recommendation. All applications for an amendment
to this Section 10-1 shall first be reviewed by the Commission, which
shall submit a written recommendation concerning the application to
the governing body. If the Commission fails to make such a written
recommendation to the governing body within 45 days after receipt
thereof, then the governing body shall act upon said application without
a recommendation by the Commission.
(5)
Final public hearing. The governing body shall conduct a public
hearing at which all parties in interest and citizens shall have an
opportunity to be heard. Notification of the time and place of the
public hearing shall be given in accordance with the Open Meetings
Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15
days prior to the hearing.
A.
Definition. The Village governing body may grant a variance from
the strict application of area, height, dimension, distance, parking,
loading, or setback requirements of this Section 10-1 in the case
of exceptional physical conditions where the strict application of
the requirements of this Section 10-1 would result in a practical
difficulty or unnecessary hardship that would deprive the owner of
the reasonable use of land or building only. Financial gain or loss
shall not be a major determining factor in deciding a variance.
B.
Application. A request for a variance shall be submitted to the Planning
and Zoning Administrator/Officer on prescribed application forms,
and upon payment of an administrative fee. A completed, signed, and
notarized application form shall be received by the Planning and Zoning
Administrator/Officer at least 20 days prior to the Commission meeting
date when the application will be considered. Public notice shall
be given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1
to 10-15-4) at least 15 days prior to the date of said meeting. The
Commission will then make its recommendations to the governing body,
which at its regular meeting will either approve or disapprove the
variance request.
C.
Considerations. A variance shall be considered if:
(1)
The applicant complies strictly with the provisions of this
Section 10-1, he can make no reasonable use of his property;
(2)
The hardship relates to the applicant's land, rather than personal
circumstances;
(3)
The hardship is unique, rather than one shared by many surrounding
properties;
(4)
The hardship is not the result of the applicant's own actions;
and
(5)
The variance will not impact surrounding properties in a negative
way.
D.
Posting requirements. The applicant shall post and maintain one or
more signs on the premises, as provided and where instructed by the
Planning and Zoning Administrator/Officer, at least 15 days prior
to the date of the Commission meeting at which the application will
be heard. The purpose of the sign or signs is to provide public notice
of the application for a variance. Failure to properly post such signs
is grounds for deferral or denial of the application. The applicant
is responsible for removing such signs within five days after a decision
is made regarding the application.
E.
Requirements. The governing body shall impose any necessary requirements
or conditions in approving a variance in order to assure that the
requested variance:
(1)
Will cause no significant hazard, annoyance, or inconvenience
to the owners or occupants of nearby property;
(2)
Will not significantly change the character of the neighborhood
or reduce the value of nearby property;
(3)
Will not impose any significant cost burden upon the Village;
and
(4)
Will be in harmony with the general purpose and intent of this
Section 10-1.
A.
Definition. Within the zone districts (except Commercial Zone) established
by this Section 10-1, or amendments that shall be adopted, there exist
lots, structures, uses of land and structures, signs and characteristics
of use which were lawful before this Section 10-1 was passed or amended,
but which would be prohibited, regulated, or restricted under the
terms of this Section 10-1 or future amendment. It is the intent of
this Section 10-1 to allow these nonconformities to continue until
they are removed, but not to encourage their survival.
B.
Certificate of nonconformance. All nonconformities within the jurisdiction
of this Section 10-1 shall be issued certificates of nonconformance
upon determination of nonconformity by the Planning and Zoning Administrator/Officer
or Commission. Failure to accept the certificate of nonconformance
under the provision of this section shall be considered a violation
of this Section 10-1.
C.
Expansion. The addition of a lawful use to any portion of a nonconforming
building, which existed prior to the enactment of this Section 10-1,
shall not be deemed an expansion of such nonconforming use.
D.
Reconstruction. A nonconforming building shall not be reconstructed
or structurally altered during its life to an extent exceeding an
aggregate cost of 25% of the assessed value of the building unless
said building is changed to a conforming use. Any building damaged
by fire or other causes to the extent of more than 50% of its assessed
value shall only be restored or rebuilt after an application for such
restoration or rebuilding has been approved by the Commission and
shall comply with regulations in Section 11-1, Flood Damage Prevention,
of the Village Code.
E.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of 90 days, such use shall not thereafter be reestablished,
and any future use shall conform to the provisions of this Section
10-1.
F.
Vested rights. Nothing in this Section 10-1 shall require any change
in plans, construction, or designated use of a building for which
a building permit has been issued prior to enactment of this Section
10-1, or amendments thereto.
G.
Nonconforming lot size. Any lot of record existing prior to the effective
date of this Section 10-1 which fails to meet the minimum area requirements
shall be developed or improved, provided that setbacks and any other
requirements of the lot are in conformance with the provisions of
this Section 10-1. Unless specifically cited by the Commission, a
certificate of nonconformance will not be required for nonconforming
lots.
H.
Special exemptions.
(1)
The following land uses, which existed prior to the effective date of this Section 10-1, or amendments thereto, shall be allowed to continue and shall be exempt from all requirements of this § 10-1-17:
(2)
Sections or subsections of this Section 10-1 which regulate
the above-noted land uses in zone districts where they are allowable
land uses shall also regulate these exempted nonconforming land uses.
The exemptions as noted herein shall be allowed only as long as the
land area devoted to the above-noted land uses exceeds five acres
(217,800 square feet) per lot.
A.
Review required. For the purpose of this Section 10-1, no building,
structure or solid barrier fencing shall be erected or substantial
improvements constructed upon any lot within the Village of Bosque
Farms without first being reviewed by the Planning and Zoning Administrator/Officer.
Development review permit applications and building plans shall be
submitted to the Planning and Zoning Administrator/Officer for review
and signature before applying for a building permit with the New Mexico
Construction Industries Division.
[Amended 3-18-2021]
B.
Mobile home/manufactured housing installation permits. Installation
permits shall be reported to the Planning and Zoning Administrator/Officer
upon issuance.
C.
On-site liquid waste disposal permits. Permits from the New Mexico
Environment Department for installation of on-site liquid waste disposal
systems shall be shown to the Planning and Zoning Administrator/Officer
upon receipt.
D.
Review process and fee. An administrative fee shall be paid at the Village Office prior to any consideration in the development review. The Planning and Zoning Administrator/Officer shall determine if a variance, zone change, conditional use, floodplain development permit as directed in Section 11-1, Flood Damage Prevention, § 11-1-9, of the Village Code, or other permit is required, and if so, shall notify and advise the appropriate person of subsequent procedures as required by this Section 10-1. A building permit application shall be returned within three working days after receipt by the Planning and Zoning Administrator/Officer.
A.
Parking and loading space required. There shall be provided on site,
when any new building or structure is erected, off-street parking
and loading spaces as set forth herein. Existing buildings or structures
need supply such parking and loading space only to the extent ground
space is available. Such spaces may be located on any portion of the
lot but shall not obstruct public rights-of-way.
B.
Number of parking spaces. The minimum number of designated parking
spaces to be provided shall be as follows:[1]
|
Use
|
Number of Spaces Required
| |
|---|---|---|
|
Auction houses
|
1 per 200 square feet of sale/display and/or storage area on
the lot
| |
|
Banks, offices, service establishments, retail businesses, and
public buildings
|
1 per 300 square feet of floor area
| |
|
Bed-and-breakfast establishments
|
As per § 10-1-14M
| |
|
Bowling alleys
|
4 per alley
| |
|
Club, lodge, or fraternal organizations
|
1 per 200 square feet of floor area
| |
|
Commercial garages
|
1 per service bay
| |
|
Dwelling units
|
2 per dwelling unit
| |
|
Flea markets
|
At least 2 per rental stall on the lot
| |
|
Hospitals, clinics, and convalescent or nursing homes
|
1 per bed and 1 per staff doctor
| |
|
Industrial, manufacturing, and wholesaling establishments
|
1 per 2 employees on largest shift
| |
|
Laundromats
|
1 per 3 washing machines
| |
|
Medical and dental offices
|
5 per doctor
| |
|
Mobile home/manufactured home sales lots
|
1 per 6 mobile/manufactured homes for sale
| |
|
Places of public assembly, including churches, community centers,
auditoriums, theaters, gymnasiums, and arenas
|
1 per 4 seats
| |
|
Restaurants, bars
|
1 per 4 seats plus 1 per 2 employees on largest shift
| |
|
Shopping center developments
|
5 per 1,000 square feet of floor area
| |
|
Vehicle sales lots
|
1 per 6 vehicles available for sale on the lot
|
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
C.
Parking design standards. The following standards shall be applied
to off-street parking areas:
(1)
All parking facilities shall provide adequate ingress and egress
to and from a roadway or public right-of-way;
(2)
All driveways shall be of sufficient width to permit access
into the parking area, but in no circumstance shall be less than 20
feet wide except in residential use;
(3)
Each parking space shall consist of an area not less than nine
feet in width by 20 feet in length, exclusive of driveway area, except
those in residential use; and
(4)
On any lot in residential use, the off-street parking area shall
be consolidated to the extent possible and shall not exceed 20% of
the total lot area.
D.
Development/Building permit review. An applicant for a development
review/building permit shall submit plans showing the off-street parking
required by this Section 10-1. These plans shall show location, arrangement,
dimensions of the off-street parking, turning spaces, drives, aisles,
and ingress and egress in a manner satisfactory to the Planning and
Zoning Administrator/Officer.
E.
Off-street loading requirements. Off-street loading space shall be
provided for all structures which receive or distribute bulk materials
by motor vehicle. The following standards shall apply:
(1)
Required off-street loading space shall not be located on designated
off-street parking space or public rights-of-way;
(2)
Individual off-street loading spaces shall be at least 50 feet
by 12 feet; and
(3)
All buildings used for commercial or industrial purposes shall
be provided with off-street loading space.
A.
ANIMATED SIGN
AUXILIARY SIGN
(1)
(2)
(3)
(4)
(5)
BANNER
BUILDING-MOUNTED SIGN
DIRECTIONAL SIGN
FREESTANDING SIGN
ILLUMINATED SIGN
INDIRECT LIGHT SOURCE
INFORMATIONAL SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PENNANT
PORTABLE SIGN
READER BOARD
SIGN
(1)
(2)
(3)
(4)
SIGN FACE
SPOTLIGHT
STREET BANNER
TEMPORARY SIGN
Special definitions. For the purpose of this section, the following
definitions shall apply:
Any sign that uses movement of light or change in the lighting
to depict action or create a special effect or scene, within the sign
face.
A sign which provides specific information such as direction,
price, sales information, hours of operation, or warning and does
not include information regarding product lines or services. Examples
of such signs include the following:
Signs identifying the building contractor or future tenant of
a building under construction;
Real estate sale or lease signs and real estate directional
signs;
Signs used by gasoline retailers to display prices of gasoline
as required by law;
Signs which direct but do not obstruct the flow of traffic in
or out of drives, parking areas and buildings; and
Signs which advertise an approved subdivision, its buildings,
or individual parcels for sale.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames.
A sign entirely supported by a building in the following
manner: a wall sign, which is applied or mounted flush to any exterior
surface of a building; and signs affixed to a marquee, awning, or
canopy of a building. A building-mounted sign shall not project beyond
the overall silhouette of the building.
Any sign limited to directional messages such as "enter"
or "exit." Logos and business names are permitted as needed to complete
the directional message.
A sign attached to an independent supporting structure, which
is not an integral part of a building.
Any nonmoving, nonflashing sign which has characters, letters,
figures, designs or outlines illuminated by an artificial light source.
A light that does not proceed straight to any object.
Any sign of identification or of informational nature bearing
no advertising.
Any sign that is not physically located on the premises to
which the sign refers.
Any sign that is physically located on the premises to which
the sign refers.
Any lightweight plastic fabric, or other material, including
balloons, whether or not containing a message of any kind, suspended
from a rope, wire or string, usually in series, designed to move in
the wind.
Any sign which is mounted or transported on a trailer or
similar structure, with or without wheels, and not permanently attached
to the ground or any structure.
A sign that is designed so that characters, letters, or illustrations
can be changed or rearranged without altering the face or the surface
of the sign. A reader board shall be a building-mounted, freestanding,
or portable sign; and can include electronically changing text messages.
Any display to public view of letters, words, numerals, figures,
statues, devices, emblems, logos, pictures, or any parts or combinations
thereof designed to inform or advertise or promote merchandise, services,
or activities except for the following, which shall not be included
in the application of regulations herein:
National, state, or locally recognized commemorative symbols,
flags, plaques, or historical markers (Note: The use of the flag of
the United States of America is regulated under federal law, specifically
the Flag Code, Public Law 94-344, which limits the use of the flag
and does not allow it to be used for advertising.);
Signs or official notices required by law or signs of a duly
constituted governmental body or agency;
Merchandise and pictures or other devices describing products
or services when incorporated in a window display; and
Signs placed by a public utility for the health, safety, welfare,
or convenience of the public.
The net geometric area enclosed by the display surface of
the sign and which encompasses the outer extremities of all letters,
characters and delineations of the sign. On any two-sided sign, only
one sign face is counted in computing the sign's area.
A strong beam of light that illuminates only a small area,
used especially to center attention on an object.
A sign intended to be stretched across and hung over a public
roadway.
A sign which is designed to attract attention or announce
a public event, community activity, civic or religious event, political
campaign, business promotional event or other such signs which are
erected for a limited time period.
B.
Sign permits. The following provisions apply to all zone districts
within the Village of Bosque Farms:
(1)
No person shall erect a sign within Bosque Farms without first
applying for a sign permit on a prescribed application form available
from the Planning and Zoning Administrator/Officer. A permit will
not be required for the following exceptions:
(a)
All signs or devices exempted by definition in this section (refer to the definition of "sign" in Subsection A above);
(b)
Professional name plates erected flush to building walls with
a sign face not exceeding four square feet;
(c)
Signs upon a motorized vehicle, provided that any such vehicle
with a sign face over 10 square feet is not used in a manner to avoid
the provisions of this Section 10-1; nothing herein prevents such
a vehicle from being used for a bona fide delivery and other vehicular
purposes;
(d)
Temporary holiday decorations, except temporary street banners;
(e)
On-premises real estate signs with a sign face not exceeding
10 square feet;
(f)
Any renovation or content changes to the sign face, but not
changes in dimension, location, or height;
(g)
Political signs not to exceed 32 square feet;
(h)
Signs which only display local time and temperature, not exceeding
36 square feet;
(i)
Signs painted on the exterior surface of a building or structure.
Wall signs shall not exceed 100 square feet or exceed 30% of the wall
space, whichever is greater, in which the business or activity is
housed. Wall signs shall be limited to advertise the business within
the building or retail space, and products produced or sold by that
business; and
(j)
Signs used by local, registered nonprofit organizations at Village
recreational facilities for advertising businesses supporting the
organizations, not exceeding 36 square feet per sign, will be the
responsibility of the respective nonprofit organization.
(2)
Applications for a sign permit shall be accompanied by an administrative
fee and shall include the following information:
(a)
Name and address of the sign owner or sign lessee (if any);
(b)
Name and address of owner (or agent if applicable) of the building
or premise to which the sign refers;
(c)
A drawing showing the design, dimensions, and construction of
the proposed sign or signs, along with a site plan and/or building
elevation drawing showing the location or placement of the sign or
signs;
(d)
Signature of the applicant for the sign permit; and
(e)
Signature and written permission of the landowner for off-premises
signs.
(3)
If the Planning and Zoning Administrator/Officer determines
that any sign permit which has been issued does not comply with the
information supplied on the permit application form, or that the permitted
sign is in violation of any other provisions of this Section 10-1,
then the Planning and Zoning Administrator/Officer shall notify the
sign or building owner of such violation. Written notice shall be
sent to the applicant of the sign permit, sign owner, and building
owner by certified mail, return receipt requested. If the violation
is not corrected within 30 days following the date of such written
notice, then the permit shall be terminated. Thereafter, a new permit
application and fee shall be required in order to reinstate the permit.
If no application is made to reinstate the terminated permit, the
Planning and Zoning Administrator/Officer is authorized to remove
or cause removal of such sign or signs in violation of this Section
10-1, and any cost incidental thereto shall be assessed and paid by
the sign owner or owner of the building or structure.
(4)
Any sign existing prior to the effective date of this Section
10-1, and which is not in violation of any preexisting Village sign
regulations, and which also possesses a sign permit issued by the
Village, shall be allowed to remain under this Section 10-1.
C.
General provisions. The following general provisions apply to all
signs within the Village of Bosque Farms:
(1)
No sign shall exceed 20 feet in height, as measured from the
grade to the highest part of the sign or its supporting structure;
(2)
Any sign located at a roadway intersection shall comply with the restrictions stated in this Section 10-1 regarding the vision clearance necessary within the designated triangular space on a corner lot (see § 10-1-5O);
(3)
No sign or portion thereof shall be placed within a dedicated
public right-of-way or a private roadway;
(4)
All signs shall be repaired and maintained in an appropriate
and safe manner. Any sign deemed to be in disrepair by the Planning
and Zoning Administrator/Officer shall be considered to be in violation
of this Section 10-1; and
(5)
The following types of signs or advertising devices shall be
prohibited within the Village of Bosque Farms:
(a)
Spotlights or beacons which do not illuminate a sign or which
do not illuminate a building or parking lot for security purposes,
provided such illumination does not adversely affect adjoining properties
or roadways;
(b)
Portable swinger "A-frame" or sandwich board signs;
(c)
Signs attached to or painted on any tree, rock or other natural
object, utility pole, standpipe, fire escape, or any other man-made
object not intended to support a sign;
(d)
Sign structures with three or more sides containing sign faces;
and
(e)
Signs which are or may become a physical hazard to the public.
D.
Regulations for business signs. The following regulations shall apply
to all businesses, commercial activities, and services throughout
the Village of Bosque Farms. Nothing under this subsection shall inhibit
the use of miscellaneous design features incorporated in the architectural
scheme of a building.
(1)
No more than two permanent, on-premises signs shall be allowed
to advertise each business, commercial, or service activity.
(2)
Solely on Bosque Farms Boulevard (NMSH 47), no more than one
off-premises sign shall be allowed to advertise each business, commercial
or service activity, provided the following conditions are met:
(3)
One additional, portable sign shall be allowed on any lot.
(5)
Signs may be illuminated and/or animated, but shall not move
or emit sounds.
(6)
One of the two permanent signs allowed for each business may
be a freestanding sign, provided that only one such freestanding sign
structure shall be allowed on any lot.
(7)
One of the two permanent signs allowed for each business may
be a reader board, provided the following conditions are met:
(8)
One of the two permanent signs allowed for each business may
be an animated sign not to exceed 36 square feet in size.
(9)
One nonilluminated sign is permitted for each home occupation,
approved by the Village, provided that no such sign face shall exceed
five square feet.
(10)
Buildings with multiple tenants, such as shopping centers, are
allowed to have one freestanding sign, and tenants shall share space
on the freestanding sign. The total combined sign face for buildings
with multiple tenants shall not exceed 96 square feet, or 16 square
feet per business, whichever is larger. The freestanding sign for
multiple-tenant shopping centers shall not count toward the two allowable
signs for each of the tenants in the shopping center.
E.
Regulations for auxiliary signs. The following regulations for auxiliary
signs shall apply to all zone districts, unless otherwise specified,
within the Village of Bosque Farms:
(1)
Signs related to the sale, lease, or development of real estate
shall comply with the following regulations:
(a)
One on-premises sign per lot frontage is permitted, provided
that each sign face shall not exceed 10 square feet;
(b)
Off-premises signs directing or leading prospective buyers to
real estate for sale or lease shall be limited to no more than six
signs for each property, provided that no such sign face shall exceed
five square feet;
(c)
Signs promoting or advertising subdivisions for sale shall not
have a sign face greater than 36 square feet; and
(d)
All real estate signs shall be removed within 30 days after
the property is sold or the project is completed.
(2)
One price sign per gasoline retailer is permitted, provided
that no such sign face shall exceed 36 square feet;
(3)
No private signs which direct traffic shall contain a sign face
greater than five square feet; and
(4)
Informational signs relating to business, commercial or service
activities shall be on-premises signs, each limited to a sign face
no greater than five square feet.
F.
Regulations for temporary signs. The following regulations for temporary
signs shall apply to all zone districts within the Village of Bosque
Farms:
(1)
Signs related to a political campaign prior to an election shall
be permitted on any lot, provided the following conditions are met:
(a)
Such signs shall not be placed more than 30 days prior to the
final day of voting designated as Election Day and shall be removed
within three days following the election;
(b)
The height of such signs shall not exceed eight feet above grade;
and
(c)
Written permission of the landowner shall be provided to the
Planning and Zoning Administrator/Officer before placing a sign on
vacant or unoccupied property.
(2)
All other temporary signs, including pennants and balloons,
which are not related to a political campaign will be permitted on
any lot, provided that such signs shall not be displayed more than
30 consecutive days for each announced event. A sign permit, purchased
on an annual basis to run from January 1 to December 31, is required
and shall be approved for use of no more than four nonconsecutive
times within that year. Dates to be displayed shall be submitted at
the time of application.
(3)
Street banner signs shall receive prior written approval from
the New Mexico Department of Transportation Traffic Engineer and the
Village; documentation that all requirements have been satisfied is
required. These documents shall be submitted with a sign permit application
to the Planning and Zoning Administrator/Officer for any street banner
that is to be erected on Bosque Farms Boulevard (NMSH 47). The Village
of Bosque Farms shall erect all street banner signs.
G.
Abandonment and removal. Any sign will be subject to removal or alteration
by the business and/or property owner if one or more of the following
conditions exist:
(1)
The sign does not contain legibly printed matter on the display
surface; or
(2)
The sign is unsafe; or
(3)
The sign is not secure; or
(4)
The sign is a menace to the public; or
(5)
The sign has been erected in violation of this Section 10-1;
or
(6)
The sign, by its nature, has become obsolete for a period of
90 days and therefore deemed to have been abandoned by the owner thereof.
A.
Applications and permits. All fees for application and permits shall
be taken from the fee schedule adopted by resolution. No applications
and permits required by this Section 10-1 shall be processed without
payment of an administrative fee as specified herein. Such fees shall
not be required where the Village of Bosque Farms or any official
thereof is the moving party.
B.
Fees. Administrative fees will be charged according to fee schedule
adopted by resolution.
A.
Right of appeal.
(1)
Any person aggrieved by an interpretation, decision, or action
of the Planning and Zoning Administrator/Officer in carrying out the
provisions of this Section 10-1 may appeal such interpretation, decision,
or action to the Planning and Zoning Commission.
(2)
Any person aggrieved by an interpretation, decision, or action
of the Planning and Zoning Commission in carrying out the provisions
of this Section 10-1 may appeal to the governing body. Such appeal
shall set forth specifically wherein it is claimed there was an error
or an abuse of discretion, or where the interpretation, decision,
or action was not supported by evidence in the matter. The appeal
to the governing body will be a record review from the Planning and
Zoning Commission hearing. The governing body may affirm in part and/or
in whole and/or modify in part and/or in whole the decision of the
Planning and Zoning Commission and/or remand the matter in part and/or
in whole back to the Planning and Zoning Commission.
(3)
If the governing body's decision is adverse to the appellant,
the appellant may appeal to the District Court.
B.
Application.
(1)
Any appeal to the Commission following an interpretation, decision,
or action of the Planning and Zoning Administrator/Officer shall be
made in writing to the Village Clerk/Administrator on prescribed forms
and upon payment of an administrative fee.
(2)
An appeal to the governing body following an interpretation,
decision, or action of the Commission shall be made in writing to
the Village Clerk/Administrator on prescribed forms and upon payment
of an administrative fee.
(3)
Any appeal not submitted within 30 days after the interpretation,
decision, or action which is the subject of the appeal shall not be
considered.
C.
Public hearing. The decision on an appeal shall be made by the Commission
or governing body following a public hearing. Notification of the
time and place of the public hearing shall be published in a newspaper
of general circulation in the area at least 15 days prior to the hearing.
The Planning and Zoning Administrator/Officer shall notify the applicant,
members of the Commission or governing body, and a representative
of the opponents, if any, of the hearing date.
D.
Stay of proceedings. An appeal shall stay all proceedings in the
action unless the Village Clerk/Administrator certifies that a stay
will cause imminent peril to life or property. Upon such certification,
the proceedings shall not be stayed except by order of the District
Court.
E.
Decision.
(1)
An appeal shall be decided within three months of the date of
application of the appeal.
(2)
A majority vote of the members of the Commission is required
to reverse, change or affirm an interpretation, decision, or action
made by the Planning and Zoning Administrator/Officer.
(3)
A majority vote of the members of the governing body is required
to reverse, change or affirm an interpretation, decision, or action
made by the Commission.
(4)
The governing body shall state in writing the final decision
and the reasons for its decision, both for the applicant and to enter
as a part of the permanent record.
(5)
If the governing body reverses an appeal from the action or
decision made by the Commission, the appellant's fee shall be returned.
A.
Administrative official. A Planning and Zoning Administrator/Officer
shall be appointed by the Mayor, subject to the approval of a majority
of all members of the governing body, to administer the provisions
of this Section 10-1. The Planning and Zoning Administrator/Officer
may also serve in some other capacity as an employee or appointed
official of the Village of Bosque Farms. The Planning and Zoning Administrator/Officer
shall have all the administrative powers in connection herewith which
are not specifically assigned to some other officer or body. The Planning
and Zoning Administrator/Officer shall have no power to vary or waive
requirements of this Section 10-1. The Planning and Zoning Administrator/Officer
may delegate the authority to a Zoning Officer to administer and enforce
the regulations of this Section 10-1.
B.
Inspection. The Planning and Zoning Administrator/Officer has the
authority to conduct inspection of buildings, structures, and the
use of land to determine compliance with this Section 10-1. This provision
does not grant right-of-entry without due process, if necessary. The
Planning and Zoning Administrator/Officer shall provide for on-site
inspections and other relevant information which may be requested
by the governing body or Commission, as necessary, to carry out the
purpose of this Section 10-1.
C.
Information and records. The Planning and Zoning Administrator/Officer
shall make available to the public the information contained in this
Section 10-1, maintain the official Zone Map in a current manner,
and make available to the public the records and forms and any other
documents deemed relevant to this Section 10-1.
D.
Violations: complaints and notification.
(1)
The Planning and Zoning Administrator/Officer may institute
any appropriate actions or proceedings whenever there is probable
cause to believe there is a violation of this Section 10-1.
(2)
Any person aggrieved by an apparent violation of this Section
10-1 may file a written complaint with the Planning and Zoning Administrator/Officer,
who shall investigate such complaint in a timely manner to determine
if a violation of this Section 10-1 is found to exist.
(3)
Whenever the Planning and Zoning Administrator/Officer finds
probable cause to believe a violation of this Section 10-1 exists,
whether acting on independent initiative or in response to a complaint,
the Planning and Zoning Administrator/Officer shall notify the person
responsible for the alleged violation in writing.
(4)
Such notification shall order the necessary correction to be
made within 15 days, 10 days in cases of violations constituting a
health hazard, as determined by days following the date of notification.
(5)
Any person who fails to comply with the notification or order
shall be charged with a petty misdemeanor and subject to penalties
as stated in this Section 10-1. If the notice of violation is not
complied with, the Planning and Zoning Administrator/Officer shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of the unlawful occupancy or use in violation of the provisions of
this Section 10-1 or of the order or direction made pursuant thereto.
Any person violating any of the provisions of this Section 10-1
shall, upon conviction, be subject to a fine not exceeding $500 or
imprisonment for a period not exceeding 90 days, or both such fine
and imprisonment. Violations continued for a period of 15 days after
conviction shall be prosecuted and treated as a separate offense.
A.
The provisions of this Section 10-1 are held to be minimum requirements
to carry out the purpose of this Section 10-1 and are not intended
to interfere with, abrogate, or annul any easement, covenant, or other
valid ordinance. Where this Section 10-1 imposes a greater restriction
than is required by existing regulations, easements, covenants, agreements,
or ordinances, the provisions of this Section 10-1 shall control.
Regardless of any other provision of this Section 10-1, no land shall
be used and no structure erected or maintained in violation of any
state or federal pollution control or environmental protection law
or regulation.
B.
When the proposed correction is consist with the Village of Bosque
Farms Comprehensive Plan, the governing body shall, by ordinance,
correct Zone Map mistakes upon a determination that the mistake occurred
due to clerical or mapping errors.
Any applicants or their agents submitting a conditional use,
variance, zone change, zone text amendment, or appeal request shall
appear in person at any meeting or hearing scheduled to consider the
respective applications. If the applicant is not the property owner,
the property owner shall submit a notarized letter authorizing a designated
agent to appear at the public meeting. The property owner or his designated
agent shall be present at the public meeting. If any applicants or
their agents do not appear in person at the respective meeting, the
application will be denied and any fees paid will be forfeited to
the Village of Bosque Farms.
