Doña Ana County, NM Article V Zoning Districts and Requirements

The purpose of the requirements of this article is to provide standards for the development of properties in a manner compatible with the Comprehensive Plan and zoning standards suitable for development and subdivision applications. The Official Zoning Map for Doña Ana County is located in the Community Development Department (CDD), which is the final authority on the zoning status of all lands within the County. Whenever changes are made to the zoning district boundaries, via approval of a zone change, the Zoning Administrator shall amend the Official Zoning Map of Doña Ana County.

§ 350-501 Zoning districts.

This chapter establishes two types of zoning districts: transect zones and use zones.

A. Transect zones. Transect zones reflect the historic development patterns of Doña Ana County and are predominantly mixed uses and compact development. These zoning districts are located and map zoned to the existing historic communities and townsites that include natural and rural conditions.

(1) Each zone shall have a distinct character as described below and specific land uses can be found in Table 5.1, Land Use Classification Matrix: Zoning Districts:

(a) N (Natural) Zone consists of lands in or reverting to a natural condition, including lands unsuitable for settlement or development due to topography, hydrology or vegetation.

(b) T2 (Rural) Zone consists of sparsely settled lands in open or cultivated conditions. These include bosque, agricultural land and grazing land. Typical buildings include single-family residential site-built homes and mobile homes, farmhouses and agricultural buildings. Thoroughfares are rural in character and have no pedestrian facilities. Landscaping is agricultural or that which occurs naturally.

(c) T3 (Neighborhood Edge) Zone consists of low-density single-family residential dwelling areas, with some mix of uses, home occupations and outbuildings. Parkways within thoroughfares and yard plantings shall be naturalistic and building setbacks shall be relatively deep. Blocks are large and thoroughfare networks irregular.

(d) T4 (General Neighborhood) Zone consists of a mix of uses but is primarily mixed-density residential. It contains a wide range of building types: houses, compounds, townhouses, duplexes, small apartment buildings and live-work units. Setbacks and landscaping are variable. Thoroughfares with sidewalks define medium-sized blocks.

(e) T5 (Town Center) Zone consists of higher-density mixed-use buildings that accommodate retail, offices, townhouses and apartments. It shall have a tight network of thoroughfares with wide sidewalks, regularly spaced street tree plantings and buildings set close to the sidewalks.

B. Use zones. Use zoning districts are one of several zones that are developed and regulated primarily by specific uses and are typically characterized by adjacent or similar development.

(1) Each use zoning district shall permit the following uses as described below and specific land uses can be found in Table 5.1, Land Use Classification Matrix: Zoning Districts:

(a) R5 (Rural Density Residential) Zone permits single-family residential site-built homes, mobile homes and related uses necessary to serve residential areas on lots five acres or greater.

(b) R5L (Rural Density Residential –Limited) Zone permits single-family site-built homes and manufactured homes on lots five acres or greater. All government land shall be zoned R5L automatically upon transfer to private ownership and the CDD shall be responsible for initiating subsequent zoning for lands transferred into private ownership. A private owner of such land may request the CDD to consider another zoning district.

(c) D1 (Low Density Residential) Zone permits single-family site-built homes, mobile homes, and related uses necessary to serve residential areas.

(d) D1L (Low Density Residential — Limited) Zone permits single-family site-built homes and manufactured homes.

(e) D2 (Medium Density Residential) Zone permits a mixture of single-family site-built homes, mobile homes, duplex residences, and related residential support uses.

(f) D2L (Medium Density Residential — Limited) Zone permits a mixture of single-family site-built homes, manufactured homes, duplex residences, and related residential support uses.

(g) D3 (High Density Residential) Zone permits triplex, fourplex, and multiple-family apartment complexes at a relatively high density of dwelling units per acre, and related land uses, with community water and sewer services. Related public and quasi-public services and support facilities necessary to serve multiple-family uses are permitted.

(h) DM (Mobile Home Park) Zone permits single-family site-built homes, manufactured homes or mobile homes (ground-installed or blocked and screened), recreational vehicles and related community services that serve a mobile home park.

(i) MU (Mixed Use) Zone permits small-scale commercial activities mixed with residential uses (site-built structures). Commercial and residential uses are allowed within the same structure. It conserves traditional development patterns while allowing for infill and development of new uses that are compatible in scale and intensity with existing development.

(j) C1 (Neighborhood Commercial) Zone permits neighborhood commercial activities and small-scale freestanding businesses.

(k) C2 (Community Commercial) Zone permits a range of commercial activities that serve a community or several communities, and allow larger commercial businesses.

(l) C3 (Regional Commercial) Zone permits a wide range of regional commercial activities generating large amounts of employment and traffic, serving a wide region on the County.

(m) I1 (Light Industrial) Zone permits light-intensity industrial activities that serve a community or several communities and are compatible with other commercial uses.

(n) I2 (Medium Industrial) Zone permits medium-intensity industrial activities that serve a community or several communities.

(o) I3 (Heavy Industrial) Zone permits heavy-intensity industrial activities properly buffered from surrounding communities.

(p) Inst (Institutional/Government) Zone permits county-owned property and educational institutions.

[Added 12-8-2020 by Ord. No. 317-2020]

Table 5.1 Land Use Classification Matrix: Zoning Districts [Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020; 12-14-2021 by Ord. No. 324-2021; 6-13-2023 by Ord. No. 335-2023]
Legend
P	Permitted
C	Conditional uses, see Table 5.2
A	Permitted if assessed as agriculture for on-farm operations only; an SUP is required if not assessed as agriculture.
S	Special use permit
*	Retail uses not elsewhere classified, limited by building size
N	Natural
T2	Rural
T3	Neighborhood Edge
T4	General Neighborhood
T5	Town Center
R5	Rural Density Residential
R5L	Rural Density Residential - Limited
D1	Low Density Residential
D1L	Low Density Residential - Limited
D2	Medium Density Residential
D2L	Medium Density Residential - Limited
D3	High Density Residential
DM	Mobile Home Park
MU	Mixed Use
C1	Neighborhood Commercial
C2	Community Commercial
C3	Regional Commercial
I1	Light Industrial
I2	Medium Industrial
I3	Heavy Industrial
Inst	Institutional/Government

Consult § 350-501, Table 5.1, 5.2 and 5.3 for additional restrictions on uses. Lots in all zones shall conform to Tables 5.4 through 5.17, Site Standards.

Table 5.1 Land Use Classification Matrix: Zoning Districts
Primary Use of Property	Zoning Districts
	Transect Zones					Use Zones
	N	T2	T3	T4	T5	R5	R5L	D1	D1L	D2	D2L	D3	DM	MU	C1	C2	C3	I1	I2	I3
Civic Space
Park		P	P	P		P	P	P	P	P	P	P	P
Green		P	P	P	P	P	P
Square				P	P
Plaza				P	P
Neighborhood multipurpose field				P	P			P	P	P	P	P	P	P
Playground		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Community garden, small		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Community garden, medium		P	P	P		P	P	P	P	P	P		P	P	P	P	P
Community garden, large		P	P			P	P	P	P				P	P	P	P	P
Residential
Apartment or condominium complex				P	P					P	P	P		P	P
Duplex				P	P					P	P	P		P
Accessory dwelling		P	P	P	P	S	S	S	S	P	P
Fourplex				P	P							P		P	P
Home occupation (see § 350-510, Home occupation permits)		P	P	P	P	P	P	P	P	P	P	P	P	P
Live-work unit				P	P									P
Mobile home park		S	S									S	P		S	S
Single-family dwelling, mobile home		P	P	P		P		P		P			P
Single-family dwelling, site-built		P	P	P	P	P	P	P	P	P	P	P		P
Townhouse				P	P							P		P
Triplex				P	P							P		P
Community types		P	P	P	P	P		P	P	P	P	P	P	P	P	P	P
Lodging
Bed-and-breakfast		P	S	P	P	S	S	S	S	P	P	P		P
Hotel and motel				C	P									P		P	P
Inn				C	P									P	P	P	P
Recreational vehicle park		S		C								P		S	P	P	P
Office
Laboratory, scientific, agricultural research, office and service		S	S	C	P									P	P	P	P	P	P
Office, general			S	C	P									P	P	P	P	P
Office, small			S	P	P									P	P	P	P	P	P
Residential Service
Adult bookstore or adult entertainment																S	S	S	S	S
Cannabis retailer		S	S	S	P									S	P	P	P
Commercial laundry					C	P									P	P	P
Commercial use not elsewhere classified		S	S	C	P									P	P	P	P
Convenience store					P									P	P	P	P	P
Display gallery				C	P									P	P	P	P
Gas station				P	P									S	P	P	P	P	P	P
Kiosk				P	P										P	P	P	P
Retail facility, large, over 10,000 square feet*				C	S											P	P	P
Retail facility, medium, 5,000 to 10,000 square feet*		S	S	C	P										P	P	P
Retail facility, small, under 5,000 square feet*		S	S	C	P									P	P	P	P
Open market building			S	P	P									P	P	P	P
Personal service			S	C	P									P	P	P	P	P
Bar, pub, tavern, wine tasting room				C	P									P	P	P	P	P
Nightclub					S											P	P	P
Restaurant, bakery, catering service			S	C	P									P	P	P	P	P	S	S
Food truck/push cart		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Institutional
Community building, public or private		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Convention or exhibition hall														P			P
Cultural center				C	P									P
Entertainment facility, not adult entertainment					P										P	P	P
Exhibition center					P									P
Institutional use such as library, educational or cultural				C	P										P	P	P
Museum				C	P									P	P	P	P
Off-site parking area for commercial and industrial use				C	P										P	P	P	P	P	P
Prison																			S	S
Recreation and sports facility		S	P	P		S	S	S	S	S	S	S	S	S	P	P	P
Religious institution		S	S	P	P	S	S	S	S	S	S	S	S	P	P	P
Theater and like places of assembly				C	P									P	P	P
Sports stadium					P									P	P	P		P
Agriculture
Agricultural packaging and warehousing		A				A	A	A	A							P	P	P	P	P
Agricultural processing facility		A				A	A	A	A								S	P	P	P
Aquaculture		S				S								S			P	P	P	P
Auction yard		S													P	P	P	P	P	P
Cannabis microbusiness		P	S	S	P	S	S	S	S					S	P	P	P	P
Cannabis microbusiness producer		S	S			S	S	S	S						P	P	P	P	P	P
Cannabis producer		S	S			S	S	S	S						P	P	P	P	P	P
Dairy and related operations																		S	P	P
Feed lot																		P	P	P
Farming and ranching		A	A	A	A	A	A	A	A	A	A	A	A	A	P	P	P	P	P	P
Grain storage		A				A	A	A	A									P	P	P
Greenhouse and nursery, commercial		S	S	C	P	S	S	S	S					S	P	P	P	P
Livestock pen		A	A			S	S	A	A									P	P	P
Poultry raising, commercial		S																	P	P
Poultry slaughtering and processing, commercial																			P	P
Research and education		P	S			S	S	S	S					S			P	P	P
Stable, commercial		S	S			S	S	S	S	S	S				S	S	S	S	S	S
Stockyard or slaughter house																			P	P
Swine production																			P	P
Wine tasting room or winery		S	S	C	P	S	S	S	S					P	P	P	P	P	P	P
Automotive
Automobile, SUV repair, sales or service		S	S		P												P	P	P	P
Automobile garages, painting or auto body work		S															P	P	P	P
Auto-related repair and service, but not auto painting or body work		S		C											P	P	P	P	P	P
RV or truck repair, sales or service																	P	P	P	P
Truck stop																	P	P	P	P
Civic Support
Animal hospital, veterinary clinic, kennel, agricultural office, and training and medical research		P	S	C		S	S	S	S				S	P	P	P	P	P
Cemetery		S		C												P	P	P
Crematorium																P	P	P	P
Funeral home and funeral chapel																P	P	P
Health service, public or private		S		C	P			S	S						P	P	P	P
Hospital																P	P	P	P	P
Education
Child and adult care, commercially operated		S	S	C	P	S	S	S	S	S	S	P	S	P	P	P	P	P
Childcare, home occupation		P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
College or university					P										P	P	P
Elementary school		S	S	C	P	S	S	S	S	S	S	S	S	S
High school, Jr. high school, middle school		S	S	S	P	S	S	S	S	S	S	S	S	S
Trade school					P										P	P	P	P	P
Industrial
Borrow pit, batching plant and asphaltic mix plant																			P	P
Cannabis industry		S															P	P	P	P
Cannabis research or testing laboratory				S	P										P	P	P	P	P	P
Wireless communications facility		S	S	S	S	S	S	S	S	S	S	S	S	S	S	P	P	P	P	P
Construction yard and equipment, related sales, services, storage and distribution facility, semi-truck parking		S	S													P	P	P	P	P
Drilling of oil, gas well or other shaft mining																				P
Energy generation operation																				P
Explosive materials, manufacturing or storage																				P
Fat rendering plant																				P
Fertilizer plant																				P
Food and fiber processing		S																P	P	P
Foundry																				P
Ground transportation terminal																P	P	P	P	P
Junkyard and dismantling																				P
Laboratory facility				C	P										P	P	P	P	P	P
Light manufacturing				C	P												P	P	P	P
Major facility for distribution of electric, natural gas, water, sewer, cable		S													S	S	P	P	P	P
Medium manufacturing																		P	P
Heavy manufacturing																				P
Ministorage unit		S														P	P	P	P	P
Petroleum refinery and storage																				P
Recycling center		S															P	P	P	P
Renewable energy facility/community solar facility		S	S	S	S	S	S	S	S	S	S	S	S	S	P	P	P	P	P	P
Utility building, wastewater lift station and substation, minor, private or public	S	S	S	S	P	S	S	S	S	P	P	P	P	P	P	P	P	P	P	P
Warehouse																		P	P	P
Wholesale sales and storage																		P	P	P
Wrecking service		S															P	P	P	P

§ 350-502 Regulations general to all zones.

A. Purpose. The purpose of this section is to provide regulations general to all zones, including the classification and regulation of uses in all zones.

B. General use standards. Land uses in transect zones and use zones shall be in accordance with Table 5.1, Land Use Classification Matrix: Zoning Districts:

(1) Coexistence of uses. All of the uses permitted by Table 5.1 shall be permitted to coexist on a property simultaneously within a given zoning category.

(2) Special use permits. A specific use that is not permitted by right within a zoning district will require a special use permit (S) per Table 5.1. Landscaping, buffering, and fencing requirements shall apply per § 350-507.

[Amended 11-14-2017 by Ord. No. 294-2017]

(3) Conditional use. A conditional use (C) is permitted with certain conditions limiting size or intensity per Table 5.2, Conditions for Transect Zones.

[Amended 12-8-2020 by Ord. No. 317-2020]

Table 5.2 Conditions for Transect Zones
Use	District T4
Lodging	12 rooms/RV spaces maximum
Office	6,000 square feet building footprint maximum
Retail and services	12,000 square feet building footprint maximum. Alcohol and food service establishments shall seat no more than 40
Institutional	20 parking spaces maximum
Agricultural	20 parking spaces maximum
Automotive	Accessory to residential only. No exterior storage permitted
Civil support	30 parking spaces maximum
Education	Childcare facilities shall have no more than 4 parking spaces. Elementary school sites shall be 5 acres maximum unless playground has 24-hour shared community access

(4) Limited Overlay. Where a Limited Overlay (L) is mapped in a zone, the overlay restricts additional uses in the zone as follows:

(a) Limited Overlay in any low- or medium-density residential zone (R5L, D1L and D2L) prohibits the use of mobile homes. Allows for site-built homes and manufactured homes groundset only.

(5) Group homes. Group homes, including all uses meeting the definition of "group home" in the Fair Housing Act and Federal Housing Amendments Act,[1] shall be permitted where a single-family, duplex, triplex, fourplex, or multifamily dwelling use is permitted, and shall obey any zoning restrictions for such a dwelling use.

Group homes or halfway-houses for prisoners, parolees, juvenile offenders, and similar uses shall be approved by the Planning & Zoning Commission (P&Z) as special use permits (S).

[1] Editor's Note: See 42 U.S.C. § 3601 et seq.

(6) Travel trailers and recreational vehicles shall be located in approved mobile home parks or recreational vehicle parks. Temporary location of mobile homes and recreational vehicles shall be permitted outside mobile home parks or recreational vehicle parks under the following conditions:

[Amended 12-8-2020 by Ord. No. 317-2020]

(a) Property owner is constructing or remodeling a residential dwelling unit and has obtained a valid building permit, along with a temporary use permit for the mobile home or recreational vehicle. Temporary permits are valid for six months and may be renewed for an additional six months if work is proceeding on the site-built home. This exception becomes void 30 days after the house receives a certificate of occupancy; or

(b) With a temporary use permit, intended for a period exceeding seven days. Only one travel trailer or recreational vehicle is allowed per property; and

(c) For travel trailers and recreational vehicles located in a FEMA special flood hazard area (SFHA) refer to § 350-604 G(5) for specific floodplain standards.

(7) Sales on residential lots. Garage, yard sales or similar uses are limited to three sales in one year per street or unit address, and each sale shall be limited to three consecutive days. For the purpose of this regulation, the address includes unit number or letter.

(8) Commercial vehicle parking. Commercial vehicles with more than six wheels, and semitrucks or semitrailers cannot park in residential areas except for reasonable period for loading and unloading. Agricultural vehicles parked on farms (as defined by the Tax Assessor's records) are exempt from this provision. One semitruck may be parked on properties of 3/4 acre or larger. Such vehicles may not be parked in the front yard, forward of the front building line of the residential structure.

(9) Adult bookstores and adult entertainment. Adult bookstores and adult entertainment uses shall be located 1,000 feet from the property line of any church, school, public park or recreational facility, residential zone, or residential use and shall require a public hearing by the P&Z.

(10) Other structures. Structures that do not meet the definition of principal buildings or accessory buildings shall be approved by the Zoning Administrator as long as the structures are no larger than is reasonably necessary to serve a use allowed on the property. The determination of what is reasonably necessary shall be based upon generally accepted standards associated with the proposed use. Any accessory building with a roof shall not be allowed except where a principal or accessory building is permitted. If a shipping container is to be used as an accessory structure in a residential zone, a building permit is required. The installation shall meet all other development standards for accessory structures. If an accessory structure is located within a FEMA SFHA, a floodplain development permit is required pursuant to § 350-604C.

[Amended 12-8-2020 by Ord. No. 317-2020]

(11) Swimming pools, hot tubs and spas. Open and uncovered swimming pools, hot tubs, or spas may occupy a setback, provided they are located no closer than five feet to a property line, building, or fence, provided they are surrounded by an approved wall or fence, at least four feet in height with self-closing devices on the gates. When approved by the Zoning Administrator, an automatic safety cover meeting ASTM-F1346 Standard Performance Specifications may be used as an alternative to the approved wall or fence to satisfy the requirement for barriers surrounding swimming pools. All hot tubs and spas shall have an approved safety cover.

(12) Outside storage. Outside storage of any materials that total 200 square feet or greater shall be enclosed by a six-foot solid wall or opaque fence on all sides. For all rigid walls located in a FEMA SFHA, a floodplain development permit shall be obtained by the Flood Commission Office, pursuant to § 350-604C.

[Amended 12-8-2020 by Ord. No. 317-2020]

(13) Private family burial grounds. Private direct disposition of a family member shall follow the New Mexico Board of Funeral Services Rules and Statutes.

[Added 12-8-2020 by Ord. No. 317-2020]

(a) A minimum of 10 acres of agricultural or rural zone is required and shall not be allowed in a FEMA SFHA.

(b) Plots shall be a minimum burial depth of six feet, 50 feet away from a known water source or onsite sewage system, and a minimum of 100 feet from any buildings or structures.

(c) Location shall be a minimum of 300 feet from any stream or river and at a high point on the property.

(d) Location of burial site shall be clearly marked with flat or upright grave markers such as bevel headstones, slant headstones, raised and upright monuments, ledger grave markers, statutes, obelisks, cremation memorials, mausoleums, columbariums, niches, gravestones, headstones or tombstones.

(e) A special easement will be required and recorded on the deed of the property owner, identifying the location of the burial plot and shall be recorded with the New Mexico Board of Funeral Services.

C. Lots, driveways, and residential access.

[Amended 11-14-2017 by Ord. No. 294-2017]

(1) Culs-de-sac. The width of a lot on a cul-de-sac shall be measured at the minimum front setback line.

(2) Flag lots. Where permitted, the width of the primary frontage line of a flag property shall be 25 feet including a driveway.

(3) Odd-shaped lots. The Zoning Administrator shall determine the setbacks, lot dimensions, and yard coverage standards for odd-shaped properties.

[Amended 12-8-2020 by Ord. No. 317-2020]

(4) Driveways. Except as specifically permitted in Tables 5.4 through 5.17, driveways shall be a minimum 10 feet wide in the private frontage for one-way travel and 20 feet wide for two-way travel, measured perpendicular to the direction of travel, except they may have wider unimproved shoulders in N, R and R5 Zones. The DRC may require a wider driveway for reasons of practical difficulty such as fire lanes, queuing or to accommodate oblique angles. Legal nonconforming lots may be developed with existing and improved access. Nonresidential driveways and parking areas shall be paved in accordance with Article 6.

(5) Lot coverage. Lot coverage shall be per Tables 5.4 through 5.17.

(6) All development, including the creation of a lot through the claim of exemption process, shall require that roads linking the development to a County or state-maintained road shall comply with the access requirements in Tables 5.19, 6.5, 6.6, and 6.7, unless a lesser width is approved by the Zoning Administrator because of a physical hardship and other criteria for variances per § 350-207B are met. The composition of road surfaces shall be designed to withstand the anticipated loading. Width and design may vary depending upon the use and a road maintenance agreement shall be required. Drainage swales and drainage structures shall be part of the road design.

[Amended 12-8-2020 by Ord. No. 317-2020]

(a) The Zoning Administrator may approve a reduction in the required road width to not less than 30 feet of right-of-way or road and utility easement with a minimum width of 20 feet of improved roadway if it is determined by a professional engineer that is approved by the County Engineer that the lesser standard is sufficient for the potential traffic based on the potential number of lots served by the right-of-way and allowed uses under current zoning.

(b) The Zoning Administrator may approve for residential development proposing no more than one additional dwelling unit, a reduction in the required road width to a minimum travelled roadway width of 20 feet, with a secondary outlet or turnaround, approved by the Fire Chief. The roadway and turnaround may be unimproved but must be capable of supporting fire apparatus weighing at least 75,000 pounds. Only one approval per parcel every five years may be granted under this subsection. The five-year time period shall be documented on the approved residential site plan for the development or the claim of exemption application.

D. Principal building, accessory building, setbacks and building height. One principal building shall be built at the primary frontage. Required building placement, setbacks and building heights shall conform to Tables 5.4 through 5.17.

(1) Setbacks, administrative adjustment. Setbacks may be adjusted by up to 20% by the Zoning Administrator to accommodate specific site conditions and shall meet the requirements of an administrative variance per § 350-207C.

(2) Frontage buildout. Principal building shall occupy at least the percentage of the property width specified in Tables 5.4 through 5.17, measured at the minimum setback.

(3) Facade area. Facade shall be located entirely within the facade area indicated in Tables 5.4 through 5.17.

(4) Setbacks, railroad. Rear yard or side yard setbacks abutting railroad tracks shall be a minimum of 40 feet unless an earthen berm or other sound barrier is provided along the property line adjacent to the railroad tracks.

(5) Setbacks, buffer. Whenever landscape buffer class widths and building setbacks are both involved in a project, the development shall comply with both requirements.

[Added 11-14-2017 by Ord. No. 294-2017[2]]

[2] Editor's Note: This ordinance also provided for the renumbering of former Subsections D(5) and (6) as Subsections D(6) and (7), respectively.

(6) Building separations. There shall be no less than six feet between detached buildings or structures on the same lot, measured eave to ever or wall to wall, if no projection.

[Amended 12-8-2020 by Ord. No. 317-2020]

(7) Easement encroachments. There shall be no permanent structures or obstructions located on or over easements without written approval from the entity/party for which the easement is provided, and review and approval by the Zoning Administrator providing it does not compromise the health, safety and welfare of the public.

E. Building arrangement.

(1) NMED standards. In no case shall the lot standards be reduced below the New Mexico Environment Department standards, if applicable.

(2) Outdoor equipment. All outdoor electrical, plumbing and mechanical equipment shall be located behind the facade or concealed from frontage view with a screen or wall. These facilities shall not encroach into the private frontage.

F. Parking standards. Except where specified otherwise for the zone, the following apply to parking within a property in all zones:

(1) Parking for transect zones shall be located on the portion of a property shown in Tables 5.4 through 5.17.

(2) Parking for use zones shall be confined to the portion of the lot outside of setbacks, except that 1/3 of the area between the front of the principal building and the primary frontage line may be occupied by parking. This calculation excludes driveways.

(3) Parking shall be accessed by a rear alley or a rear lane when such are available and are described in Article VI.

(4) For multifamily and nonresidential land uses, the computation of the required number of parking spaces shall be delineated in Article VI. The Zoning Administrator may allow flexibility and deviations from the number of spaces, providing the uses are primarily oriented to walkability, transit-oriented development or similar uses.

Table 5.3 Facades, Elevations, and Lot Lines Illustrated
Facades, Elevations, and Lot Lines	Terms
	1-4	Lot Line
		1	Primary frontage line
		2	Secondary frontage line
		3	Side lot line
		4	Rear lot line
	5-6	Facade
		5	Primary facade
		6	Secondary facade
	7-8	Elevations
		7	Side elevation
		8	Rear elevation

Table 5.4 Site Standards: T2, R5, and R5L Zone
Rural and Rural 5-Acre Zones (T2, R5 & R5L)
Lot Standards
	Legend:
		Property Line
		Setback Line
	1. Lot Size and Density
	A	Lot width: not applicable
	B	Lot depth: not applicable
	1.1	Lot Area: 2 acres (minimum) T2; 5 acres (minimum) R5 and R5L
2. Other Lot Standards
Accessory dwelling: T2, R5 & R5L - 1 accessory dwelling limited to 1,250 square feet and 1 accessory dwelling permitted for every 5 acres of lot area, R5 & R5L - Special use permit (S) required.
Building Form
	3. Building Height
	C	Principal building height: 2 stories (maximum)
	D	Accessory building height: 2 stories (maximum)
	4. Private Frontage
	4.1	Private frontage type: common yard or fenced/walled yard
	4.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
	5. Principal Building
	E	Primary frontage: 25 feet (minimum)
	F	Secondary frontage: 12 feet (minimum)
	G	Side setback: 5 feet (minimum)
	H	Rear: 5 feet (minimum)
	6. Accessory Buildings
	I	Primary frontage: 20 feet behind front facade (minimum)
	J	Secondary frontage: 12 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 5 feet (minimum)
7. Accessory Buildings (R5 and R5L only)
7.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
7.2 Accessory buildings shall be at least 10 feet from all other buildings.
8. Lot Coverage and Encroachments
8.1 Lot coverage: 12,500 square feet or 10% of the lot size, whichever is greater, excluding the residential access driveway
8.2 Portal: 16% of setback (maximum), but no more than 8 feet
8.3 Balcony or bay window: 8% of setback (maximum), but no more than 4 feet
Parking and Storage Setbacks
	Legend:
		Property line
		Setback line
		Available for parking/storage
	8. Principal Building
	M	Primary frontage: 20 feet behind front facade
	N	Secondary frontage: 24 feet (minimum)
	O	Side: 24 feet (minimum)
	P	Rear: 24 feet (minimum)
	Q	Access driveway width in frontage: 10 feet (minimum)

Table 5.5 Site Standards: T3 Zone [Amended 11-14-2017 by Ord. No. 294-2017]
Neighborhood Edge Zone (T3)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size and Density
	A	Lot width: 60 feet (minimum)
	B	Lot depth: not applicable
	1.1	Lot area: 6,000 square feet (minimum)
2. Other Lot Standards
Accessory dwelling: 1 accessory dwelling permitted per lot limited to 1,250 square feet
Building Form
	3. Building Height
	C	Principal building height: 2 stories (maximum)
	D	Accessory building height: 2 stories (maximum)
	4. Private Frontage
	4.1	Private frontage type: common yard or fenced/walled yard
	4.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
	5. Principal Building
	E	Primary frontage: 15 feet (minimum)
	F	Secondary frontage: 5 feet (minimum)
	G	Side setback: 5 feet (minimum)
	H	Rear: 5 feet (minimum)
	6. Accessory Buildings
	I	Primary frontage: 20 feet behind primary facade (minimum)
	J	Secondary frontage: 5 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 3 feet (minimum)
7. Lot Coverage and Encroachments
7.1 Lot coverage: 40% (maximum)
7.2 Portal, patio: 40% of setback (maximum), but no more than 8-foot encroachment
7.3 Balcony or bay window: 20% of setback (maximum), but no more than 4-foot encroachment
Parking and Storage Setbacks
	Legend:
		Property line
		Setback line
		Available for parking/storage
	8. Principal Building
	M	Primary frontage: 15 feet behind front facade
	N	Secondary frontage: 24 feet (minimum)
	O	Side: 5 feet (minimum)
	P	Rear: 5 feet (minimum)
	Q	Access driveway width in frontage: 10 feet (minimum)

Table 5.6 Site Standards: T4 Zone
General Neighborhood Zone (T4)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size and Density
	A	Lot width: 20 to 100 feet
	B	Lot depth: 70 feet (minimum)
	1.1	Lot area: 4,000 square feet (minimum)
2. Other Lot Standards
Accessory dwelling: 1 accessory dwelling permitted per lot.
Building Form
	3. Building Height
	C	Principal building height: 2 stories (maximum)
	D	Accessory building height: 2 stories (maximum)
	4. Private Frontage
	4.1	Private frontage type: common yard, fenced/walled yard, terrace, shopfront, and common entry
	4.2	Frontage buildout: 50% (minimum)
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	5. Principal Building
	E	Primary frontage: 15 feet (minimum)
	F	Secondary frontage: 5 to 12 feet
	G	Side setback: either 5 feet (minimum) or 0 feet
	H	Rear: 5 feet (minimum)
	6. Accessory Buildings
	I	Primary frontage: 20 feet behind front facade (minimum)
	J	Secondary frontage: 5 feet (minimum)
	K	Side setback: either 5 feet (minimum) or 0 feet
	L	Rear setback: 3 feet (minimum)
7. Lot Coverage and Encroachments
7.1 Lot coverage: 65% (maximum)
7.2 Portal, patio: 80% of setback (maximum), but no encroachment within 2 feet of the curb
7.3 Awnings: 100% of setback (maximum), but no encroachment within 2 feet of the curb
Parking and Storage Setbacks
	Legend:
		Property line
		Setback line
		Available for parking/storage
	8. Principal Building
	M	Primary frontage: 20 feet behind front facade
	N	Secondary frontage: 5 feet (minimum)
	O	Side: 3 feet (minimum)
	P	Rear: 3 feet (minimum)
	Q	Access driveway width in frontage: 10 feet (minimum)

Table 5.7 Site Standards: T5 Zone
Town Center Zone (T5)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size and Density
	A	Lot width: 20 to 250 feet
	B	Lot depth: 50 feet (minimum)
	1.1	Lot area: 3,000 square feet (minimum)
2. Other Lot Standards
Accessory dwelling: 1 accessory dwelling permitted per lot.
Building Form
	3. Building Height
	C	Principal building height: 3 stories (maximum)
	D	Accessory building height: 2 stories (maximum)
	4. Private Frontage
	4.1	Common yard, fenced/walled yard, terrace, shopfront, common entry, and forecourt
	4.2	Frontage buildout: 50% (minimum)
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	5. Principal Building
	E	Primary frontage: 12 feet (maximum)
	F	Secondary frontage: 6 feet (maximum)
	G	Side setback: either 5 feet (minimum) or 0 feet
	H	Rear: 3 feet (minimum)
	6. Accessory Buildings
	I	Primary frontage: 20 feet behind front facade (minimum)
	J	Secondary frontage: 6 feet (minimum)
	K	Side setback: either 5 feet (minimum) or 0 feet
	L	Rear setback: 3 feet (minimum)
7. Lot Coverage and Encroachments
7.1 Lot coverage: 80% (maximum) and for a nonresidential building 30,000 square feet (maximum)
7.2 Portal: 90% of setback (maximum), but no encroachment within 2 feet of the curb
7.3 Awnings: 90% of setback (maximum), but no encroachment within 2 feet of the curb
Parking and Storage Setbacks
	Legend:
		Property line
		Setback line
		Available for parking/storage
	8. Principal Building
	M	Primary frontage: 20 feet behind front facade
	N	Secondary frontage: 5 feet (minimum)
	O	Side: 3 feet (minimum)
	P	Rear: 3 feet (minimum)
	Q	Access driveway width in frontage: 12 feet (minimum for each direction of travel)

Table 5.8 Site Standards: D1 Zone [Amended 12-8-2020 by Ord. No. 317-2020]
Low Density Residential Zone (D1 & D1L)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size and Density
	A	Lot width: 100 feet or 60 feet with community sewer (minimum)
	B	Lot depth: not applicable
	1.1	Lot area: 1 acre or 6,000 square feet with community sewer (minimum)
2. Other Lot Standards
Accessory dwelling: 1 accessory dwelling limited to 1,250 square feet and permitted by special use permit
Building Form
	3. Building Height
	C	Principal building height: 35 feet (maximum)
	D	Accessory building height: 35 feet (maximum)
	4. Private Frontage
	4.1	Private frontage type: not applicable
	4.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	5. Principal Building
	E	Primary frontage: 20 feet (minimum)
	F	Secondary frontage: 5 feet (minimum)
	G	Side setback: 10 feet (minimum)
	H	Rear: 10 feet (minimum)
	6. Accessory Buildings
	I	Primary frontage: 25 feet (minimum)
	J	Secondary frontage: 5 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 5 feet (minimum)
7. Accessory Buildings
7.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
7.2 Accessory buildings shall be at least 10 feet from all other buildings.
8. Lot coverage: not applicable

Table 5.9 Site Standards: D2 Zone
Medium Density Residential Zone (D2 & D2L)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 60 feet (minimum)
	B	Lot depth: 70 feet (minimum)
2. Lot Size: 6,000 square feet minimum or per NMED requirements
3. Other Lot Standards: Accessory dwelling: 1 accessory dwelling limited to 800 square feet
Building Form
	4. Building Height
	C	Principal building height: 35 feet (maximum)
	D	Accessory building height: 35 feet (maximum)
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 15 feet (minimum)
	F	Secondary frontage: 7 feet (minimum)
	G	Side setback: 5 feet (minimum)
	H	Rear: 5 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 25 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 5 feet (minimum)
8. Accessory Buildings
8.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
8.2 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.10 Site Standards: D3 Zone
High Density Residential Zone (D3)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 60 feet (minimum)
	B	Lot depth: 70 feet (minimum)
2. Lot Size: 4,200 square feet minimum or per NMED requirements
3. Other Lot Standards: Accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 45 feet (maximum)
	D	Accessory building height: 35 feet (maximum)
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 15 feet (minimum)
	F	Secondary frontage: 5 feet (minimum)
	G	Side setback: 5 feet (minimum)
	H	Rear: 5 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 20 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 5 feet (minimum)
8. Recreational Space: 10% of the lot, but no more than 20,000 square feet shall be recreational space
9. Accessory Buildings
9.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
9.2 Accessory buildings shall be at least 10 feet from all other buildings.
10. Lot Coverage: not applicable

Table 5.11 Site Standards: DM Zone
Mobile Home Park Zone (DM)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 50 feet (minimum)
	B	Lot depth: 70 feet (minimum)
2. Lot Size
2.1 A site/space for a mobile home shall be considered to be a lot for the purpose of this table.
2.2 3,500 square feet (minimum)
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Not applicable
	D	Accessory building height: 25 feet (maximum)
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 15 feet (minimum), or 10 feet (minimum) with a wall in the front
	F	Secondary frontage: 7 feet (minimum)
	G	Side setback: 5 feet (minimum)
	H	Rear: 25 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 25 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 5 feet (minimum)
	L	Rear setback: 5 feet (minimum)
8. Recreational Space: 10% of the mobile home park, but no more than 20,000 square feet shall be recreational space.
9. Accessory Buildings
9.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
9.2 Accessory buildings shall be at least 10 feet from all other buildings.
10. Lot Coverage: not applicable

Table 5.12 Site Standards: MU Zone
Mixed Use Zone (MU)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: Not applicable
	B	Lot depth: Not applicable
2. Lot Size: 6,000 square feet minimum
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 35 feet (maximum)
	D	Accessory building height: 35 feet (maximum)
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 15 feet (minimum)
	F	Secondary frontage: 7 feet (minimum)
	G	Side setback: 7 feet (minimum)
	H	Rear: 25 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 25 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 7 feet (minimum)
	L	Rear: 5 feet (minimum)
8. Accessory Buildings
8.1 Not to exceed 5,000 square feet or 10% of the lot area, whichever is less.
8.2 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.13 Site Standards: C1 Zone
Neighborhood Commercial Zone (C1)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 40 feet (minimum)
	B	Lot depth: 70 feet (minimum)
2. Lot Size: not applicable
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 40 feet (maximum)
	D	Accessory building height: 35 feet (maximum), but not higher than the height of the principal building.
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 25 feet (minimum)
	F	Secondary frontage: 7 feet (minimum)
	G	Side setback: 7 feet (minimum)
	H	Rear: 15 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 25 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 7 feet (minimum)
	L	Rear setback: 15 feet (minimum)
8. Accessory Buildings
8.1 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.14 Site Standards: C2 Zone
Community Commercial Zone (C2)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 100 feet (minimum)
	B	Lot depth: 100 feet (minimum)
	2. Lot Size: not applicable
	3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 40 feet (maximum)
	D	Accessory building height: 35 feet (maximum), but not higher than the height of the principal building.
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 35 feet (minimum)
	F	Secondary frontage: 10 feet (minimum)
	G	Side setback: 10 feet (minimum)
	H	Rear: 35 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 35 feet (minimum)
	J	Secondary frontage: 10 feet (minimum)
	K	Side setback: 10 feet (minimum)
	L	Rear setback: 35 feet (minimum)
8. Accessory Buildings
8.1 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.15 Site Standards: C3 Zone
Regional Commercial Zone (C3)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 100 feet (minimum)
	B	Lot depth: 100 feet (minimum)
2. Lot Size: not applicable
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 50 feet (maximum)
	D	Accessory building height: 35 feet (maximum), but not higher than the height of the principal building.
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 40 feet (minimum)
	F	Secondary frontage: 10 feet (minimum)
	G	Side setback: 10 feet (minimum)
	H	Rear: 35 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 40 feet (minimum)
	J	Secondary frontage: 10 feet (minimum)
	K	Side setback: 10 feet (minimum)
	L	Rear setback: 35 feet (minimum)
8. Accessory Buildings
8.1 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.16 Site Standards: I1 and I2 Zones
Light and Medium Industrial Zones (I1, I2)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 150 feet (minimum)
	B	Lot depth: 150 feet (minimum)
2. Lot Size: not applicable
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 50 feet (maximum)
	D	Accessory building height: 45 feet (maximum), but not higher than the height of the principal building
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 35 feet (minimum)
	F	Secondary frontage: 7 feet (minimum)
	G	Side setback: 7 feet (minimum)
	H	Rear: 25 feet (minimum)
	7. Accessory Buildings
	I	Primary frontage: 35 feet (minimum)
	J	Secondary frontage: 7 feet (minimum)
	K	Side setback: 7 feet (minimum)
	L	Rear setback: 25 feet (minimum)
8. Accessory Buildings
8.1 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

Table 5.17 Site Standards: I3 Zone
Heavy Industrial Zone (I3)
Lot Standards
	Legend:
		Property line
		Setback line
	1. Lot Size
	A	Lot width: 150 feet (minimum)
	B	Lot depth: 150 feet (minimum)
2. Lot Size: not applicable
3. Other Lot Standards: accessory dwelling: not applicable
Building Form
	4. Building Height
	C	Principal building height: 50 feet (maximum)
	D	Accessory building height: 45 feet (maximum), but not higher than the height of the principal building
	5. Private Frontage
	5.1	Private frontage type: not applicable
	5.2	Frontage buildout: not applicable
Building Setbacks, General
	Legend:
		Property line
		Setback line
		Buildable area
		Accessory building area
		Facade area
	6. Principal Building
	E	Primary frontage: 35 feet (minimum)
	F	Secondary frontage: 10 feet (minimum)
	G	Side setback: 10 feet (minimum)
	H	Rear: 35 feet (minimum)
	7. Accessory Building
	I	Primary frontage: 35 feet (minimum)
	J	Secondary frontage: 10 feet (minimum)
	K	Side setback: 10 feet (minimum)
	L	Rear: 35 feet (minimum)
8. Accessory Buildings
8.1 Accessory buildings shall be at least 10 feet from all other buildings.
9. Lot Coverage: not applicable

G. Cannabis establishments. In addition to the applicable authority set forth elsewhere in the UDC and state law, the zoning and other regulations in this section are enacted pursuant to the County's authority in Section 12 of the Cannabis Regulation Act, Laws 2021 (1st S.S.), Chapter 4, and the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16.

[Added 12-14-2021 by Ord. No. 324-2021; amended 6-13-2023 by Ord. No. 335-2023]

(1) Cannabis consumption areas are subject to the following:

(a) A cannabis consumption area, limited to consumption by qualified patients or reciprocal participants, or adults over 21 years of age, may only be located in conjunction with any cannabis retailer; provided that smoking of cannabis products in such consumption areas is only allowed if the cannabis consumption area occupies a separate and distinct area inside the building from which smoke does not infiltrate other indoor workplaces or other public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16.

(b) Cannabis consumption areas that are open to consumers are also subject to the following:

[1] Outdoor cannabis consumption areas shall be a minimum of 30 feet from a public right-of-way to prevent secondhand consumption from any passersby;

[2] Access to cannabis consumption areas open to consumers is restricted to persons 21 years of age and older;

[3] Shall be in compliance with all New Mexico laws and Cannabis Control Division rules; and

[4] Outdoor consumption areas shall have a six-foot-high physical barrier (solid wall or fence) surrounding the consumption area.

(2) No cannabis establishment, cannabis consumption area, or cannabis courier may be located within 300 feet of a residential area, school (K-12) or day-care center (excludes commercial schools and places of higher learning serving those 18 years and older) in existence at the time a license was sought for the cannabis establishment, cannabis consumption area, or cannabis courier. For purpose of this section, all measurements determining the location of a cannabis establishment, cannabis consumption area, or cannabis courier in relation to residential areas, schools or day-care centers shall be the shortest direct line measurement between the actual limits of the real property of the school or day-care center and the actual limits of the real property of the proposed cannabis establishment, cannabis consumption area, or cannabis courier.

(3) Cannabis retailers and cannabis consumption areas may not be located within 300 feet of another cannabis retailer, cannabis consumption area or residential area. For purpose of this section, all measurements taken in order to determine the location of a cannabis retailer or cannabis consumption area in relation to another cannabis retailer or cannabis consumption area shall be the shortest direct line measurement between the actual limits of the licensed premises of the existing cannabis retailer or cannabis consumption area and the actual limits of the proposed licensed premises of the proposed cannabis retailer or cannabis consumption area. The shortest direct line measurement to a residential area may be reduced by applying for a special use permit to be reviewed in a public hearing by the Planning and Zoning Commission.

(4) Unless further restricted in a special use permit, cannabis retailers and cannabis consumption areas may only operate during the following hours:

(a) Cannabis products may only be served and consumed in cannabis consumption areas between the hours of 7:00 a.m. and 2:00 a.m. the following day.

(b) Cannabis retailers may only sell cannabis products for off-site consumption between the hours of 7:00 a.m. and midnight.

(5) Cannabis producers that cultivate cannabis plants indoors and cannabis manufacturers must use industry standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.

(6) Cannabis cultivation and production for personal use in quantities and as permitted by the Cannabis Regulation Act and Lynn and Erin Compassionate Use Act[3] is allowed anywhere in the unincorporated areas of the County.

[3] Editor's Note: See NMSA 1978, § 26-2C-1 et seq., and NMSA 1978, § 26-2B-1 et seq.

(7) If an established retail business legally exists in a T4 Zone and has an existing County business registration at the time this section was adopted, a cannabis retailer may be permitted if it complies with all T4 development standards of this chapter.

(8) Applicability of other laws.

(a) All cannabis uses are subject to all other applicable sections of the UDC, other County ordinances and all applicable building, fire and life safety codes.

(b) Any person engaged in commercial cannabis activities and activities under the medical cannabis program other than personal production and use shall obtain a County business license.

(9) The Zoning Administrator, Planning and Zoning Commission or Board of County Commissioners may apply conditions to a special use permit in order to protect the public health, safety and welfare.

(10) For any cannabis microbusiness, cannabis microbusiness producer and cannabis producer in a residential area, a twelve-foot-wide landscaped buffer shall be located outside of the fenced area and shall consist of a six-foot solid wall or fence with plantings that provide an intermittent visual obstruction with a minimum of six feet in height and a minimum of 50% visual obstruction along the buffer length. See § 350-507, Landscaping, buffering and fencing, for additional requirements.

(11) The use of barbed wire or razor fencing are not permitted when adjacent to a residential zoning district or residential use.

(12) For cannabis retailers providing a drive-up service window, one stacking lane 15 feet in width and 200 feet in length shall be paved and provided for each drive-up window for the retail establishment. If the retail establishment for the drive-up service is a stand-alone structure, it shall be a fixed, permanent, and a nonportable building that meets the requirements of the Building and Fire Codes.

H. Community solar facilities. The Community Solar Act (SB84) was signed into law in April 2021 by Governor Michelle Lujan Grisham to provide equal access to all on the benefits of community solar facilities regardless of home ownership status, income or physical/shading limitations that prevent rooftop solar energy generation. Community solar programs are designed to promote participation in renewable energy solutions by allowing electric utility customers to purchase shares in an approved renewable energy facility to offset their monthly energy consumption. The County shall consider the needs of community solar facility providers and will minimize adverse effects on neighboring properties by requiring the following:

[Added 6-13-2023 by Ord. No. 335-2023]

(1) A detailed site plan showing all proposed and existing improvements meeting the specifications of § 350-208, Detailed site plan review process.

(2) Buffering and screening is not required for ground-mounted facilities. If fencing is proposed around the perimeter of the facility for security purposes, agricultural fencing six feet to eight feet in height with six-inch knots to protect wildlife is recommended.

(3) External access roads and driveways for ground-mounted facilities shall be a minimum of 20 feet if adequate drainage control is provided and the surface is hard-packed dirt with compaction of 95% of the maximum density. If the access road or driveway adjoins a paved road, an asphalt or concrete apron will be required to protect the pavement of the roadway or driveway.

(4) An approved SWPPP and a grading and drainage plan shall be submitted prior to the issuance of a construction/building permit. If the property is located within a FEMA special flood hazard area (SFHA), consultation with the Flood Commission is required in order to ensure proper operation and maintenance of the storm drainage and flood control facilities, including all natural drainage systems.

(5) State approval for the location and requirements of the facility shall be submitted prior to the issuance of a construction/building permit.

(6) Disturbed areas shall be reseeded with drought-tolerant native plant species for pollinator-friendly habitat. Weeds and plant materials shall be properly managed to reduce fire risks.

(7) A remediation and decommissioning plan shall be submitted at the time of building permit/construction submittal. The plan shall include but is not limited to the following:

(a) The owner/operator shall, at its own expense, complete decommissioning of the community solar facility no later than 12 months after the end of the useful life of the facility.

(b) Decommissioning shall include removal of all solar panels, structures, cabling, electrical components, roads and foundations to a depth of 36 inches, and any associated facilities/equipment with satisfactory disposal and recycling of equipment. Disturbed areas shall be graded and reseeded with droughts-lerant native plant species.

(c) The owner/operator shall retain a New Mexico professional engineer to estimate the total cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to the County after the first year of operation and every fifth year thereafter.

(d) The owner/operator shall provide assurances that financial resources will be available to fully decommission the site and post a bond, letter of credit, escrow or other financial guarantee to ensure proper decommissioning.

I. Renewable energy facilities. Renewable energy facilities shall follow the same guidelines and requirements as community solar facilities, unless the renewable energy source does not require any site, infrastructure improvements or state permitting requirements.

[Added 6-13-2023 by Ord. No. 335-2023]

§ 350-503 Regulations specific to transect zones.

The purpose of this section is to provide transect zones in a continuum of intensity primarily for uses within the T3, T4 and T5 Zones and does not pertain to the T2 Zone unless explicitly specified herein. The purpose of the zones in the continuum of intensity is to vary the density, intensity of land use, variety of land uses, scale and size of buildings, and other factors according to the zone. The purpose of regulating frontages and height, facades, and fences is to encourage the definition of the public realm and regulation of adjacent zones in a manner that ensures their mutual compatibility.

A. Civic spaces. Civic spaces shall be designed per Table 4.3, Civic Space Types, for the type of civic space permitted per Table 5.1, Land Use Classification Matrix: Zoning Districts.

B. Lots. Flag properties are not permitted except in T2.

C. Private frontage. The private frontage buildings shall conform to Table 5.18, Private Frontages, and shall be permitted where indicated in Tables 5.4 through 5.17.

(1) The main entrance to the principal building shall be accessed via the primary frontage and shall be located in the primary facade. See Table 5.3.

Table 5.18 Private Frontages
1. Common Yard
Permitted elements: Porch
Surface treatments: Landscaping, including produce gardens and a path leading to building entries.
Special requirements: Not applicable
2. Fenced/Walled Yard
Permitted elements: Porch, stoop, fence, hedge, wall
Surface treatments: Landscaping, including produce gardens and a path leading to building entries
Special requirements: Not applicable
3. Terrace
Permitted elements: Stoop, shopfront, awning, wall
Surface treatments: Paved or landscaped
Special requirements: Raised 8 inches minimum above average sidewalk grade
4. Courtyard
Permitted elements: Hedges, walls
Surface treatments: Paved in coordination with parkway
Special requirements: May recess 20 feet maximum for pedestrian entries or 30 feet maximum for vehicular access. Shall provide access to the main building entrance. Driveways within forecourts are limited to 20 feet in width. Portions of the driveway in the parkway shall be limited to 12 feet in width
5. Stoop
Permitted elements: Hedges, walls
Surface treatments: Paved in coordination with parkway
Special requirements: May be recessed into the building facade
6. Common Entry
Permitted elements: Awning, planter, wall
Surface treatments: Any area not with the planter shall be paved
Special requirements: Not applicable
7. Shopfront
Permitted elements: Awning, display windows
Surface treatments: Paved
Special requirements: Facade shall be glazed with clear glass no less than 50% of the ground floor frontage, calculated separately for each facade
8. Portal
Permitted elements: Shopfronts
Surface treatments: Paved
Special requirements: Must be compliant with shopfront regulations

D. Building heights. Building heights shall be measured in stories.

(1) Stories may not exceed 14 feet in height from finished floor to finished ceiling, except that a commercial use on the first floor shall have a minimum height of 10 feet and the maximum height of 25 feet. A single floor level exceeding these heights shall be considered to be two or more stories.

(2) Mezzanine extending 33% beyond the floor area shall be counted as an additional story.

(3) Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads.

(4) Each level of a parking garage above ground counts as a single story regardless of relationship to habitable stories.

E. Frontages and facades. The following shall pertain to facades and frontages in all zones.

(1) All facades shall be glazed no less than 15% of each story with clear glass. Shopfronts shall be glazed on no less than 50% of that story.

(2) No portion of the private frontage may encroach on the sidewalk. Where a sidewalk exists on the property, the edge of the sidewalk shall be deemed the edge of the frontage for the purposes of regulating frontages.

F. Frontages, masking of parking and fences.

(1) Open parking areas. Open parking areas shall be masked from the frontage by a building or streetscreen, except that the Zoning Administrator may grant an administrative variance for excessive cost or practical difficulty. The Zoning Administrator shall consider the relative importance of the frontage to walkability in the vicinity of the property and may designate on the Zoning Map certain portions of thoroughfares in which it will more readily approve an administrative variance to this requirement. See Article II.

(2) Streetscreen. In the absence of the building facade along any part of frontage line in the T5 Zone, a streetscreen shall be built parallel with the facade.

(3) Streetscreens, design. Streetscreens shall be between 3.5 and six feet in height. The streetscreen may be replaced by hedge or fence if the Zoning Administrator reviews an administrative variance (see § 350-207C). Streetscreens shall have no opening larger than necessary to allow automobiles and pedestrian access.

(4) Fences. Fences shall be located in zones per Table 5.23.

G. Regulations specific to N Zone. Development shall be prohibited in the N Zone except for structures erected for the support of the Bureau of Land Management for parks, and park services, and other structures approved by the P&Z, except where the P&Z has no jurisdiction.

H. Regulations specific to T2 Zone. Land within the T2 Zone may be subdivided by right per Article IV or rezoned per Article II; otherwise the standards herein shall pertain.

(1) Office use, area and location. Building area available for office use on each property is restricted to 600 square feet within the first story of the principal building or accessory building.

(2) Retail use, type and size. Retail use is limited to roadside stands, not to exceed 600 square feet and may be open-air.

(3) Institutional, manufacturing and industrial uses. Institutional, manufacturing and industrial uses are prohibited unless they are accessory to agricultural use, per Table 5.1, Land Use Classification Matrix: Zoning District.

(4) Agricultural use. Agricultural use is permitted by right per the definition of "agriculture."

(5) Agriculture-related buildings. Agriculture-related buildings, barns, workshops and sheds shall be a minimum of 50 feet from all adjacent front and rear property lines and 20 feet from all side property lines, or 100 feet from a public right-of-way, whichever is greater. Such buildings shall not exceed 40 feet in height.[1]

[1] Editor’s Note: Former Subsection H(6), regarding accessory buildings, which immediately followed this subsection, was repealed 11-14-2017 by Ord. No. 294-2017.

I. Regulations specific to T3 Zone.

(1) Office use, area and location. Building area available for office use on each property is restricted to 600 square feet within the principal or accessory building.

(2) Retail use, area. Building area available for retail use may not exceed 2,000 square feet.

[Amended 11-14-2017 by Ord. No. 294-2017]

(3) Retail use, food service. Food service is limited to no more than 600 square feet of seating area.

(4) Institutional, manufacturing and industrial uses. Institutional, manufacturing and industrial uses are prohibited unless they are accessory to agricultural use.

(5) Agricultural use. Agricultural use is limited to the specific uses in Table 5.1, Land Use Classification Matrix: Zoning Districts.

J. Regulations specific to T4 Zone.

(1) Retail use, area and location. Retail use, area and location are limited per Table 5.1.

(2) Office use, area and location. Building area available for office use on each property is limited to 2,500 square feet.

(3) Agricultural use. Agricultural use is limited to the specific uses in Table 5.1, Land Use Classification Matrix: Zoning Districts.

K. Regulations specific to T5 Zone.

(1) Retail use, area and location. Retail uses are not limited in area.

(2) Institutional use. Institutional uses may occupy any building story.

(3) Agricultural use. Agricultural use is limited to the specific uses in Table 5.1, Land Use Classification Matrix: Zoning Districts.

§ 350-504 Regulations specific to use zones.

The purpose of these regulations of use zones is to maintain compatibility both with certain existing forms of development and with the regulations under which they were previously permitted. See the specific uses in Table 5.1, Land Use Classification Matrix: Zoning Districts.

A. General. The use zones are provided to maintain compatibility with existing regulation and to differentiate zones by specific uses permitted.

B. Building height. Building heights shall be measured in feet above grade except within 60 feet of a primary frontage, in which case building heights shall be measured above the highest point on the sidewalk (or ground if there is no sidewalk) at the primary frontage line.

C. Thoroughfare access. No property shall be subdivided or developed unless it has access from a right-of-way or from an easement with an improved roadway of the widths specified in Table 5.19.

[Amended 12-8-2020 by Ord. No. 317-2020]

Table 5.19 Thoroughfare Access
Minimum Access Requirements		R5/ R5L/ T2	D1L/ D1/ T3	D2L/ D2/ T4	D3/ T5	DM	MU	C1	C2	C3	I1	I2	I3
50-foot-wide right-of-way or easement with a 24-foot-wide improved roadway		R	R	R			R	R
60-foot-wide right-of-way or easement with a 36-foot-wide improved roadway					R	R
Along a collector, County road or state highway and has access from either a 50-foot-wide right-of-way or easement with a 24-foot-wide improved roadway									R
Along a County road or state highway and has access from either a 60-foot-wide right-of-way or easement with a 36-foot-wide improved roadway										R	R	R	R

Legend: R— Required

D. Regulations specific to R5 and R5L Zones. The R5 Zones are primarily for residential use at a very low density.

E. Regulations specific to D1 and D1L Zones. The D1 Zones are primarily for residential use at a low density.

F. Regulations specific to D2 and D2L Zones. The D2 Zones are primarily for residential use at a medium density.

G. Regulations specific to D3 Zone. The D3 Zone is primarily for residential use at a high density.

(1) Recreational space. Ten percent or 20,000 square feet of the total development, whichever is less, shall be devoted to usable space for recreational activities. Ponding and drainage areas may contribute to this recreational space.

H. Regulations specific to DM Zone. The DM Zone is primarily for mobile home and recreational vehicle (RV) parks; see § 350-509 for additional standards.

[Amended 11-14-2017 by Ord. No. 294-2017]

(1) Mobile homes, type. Mobile homes shall be equal to or greater than eight feet in width or 40 feet in length and 11 feet in height.

(2) Recreational vehicles, types, RVs include motor homes, travel trailers, pickup campers, and tent trailers.

(3) Site conditions. If the site accommodates mobile homes, it shall be approved for a:

(a) Mobile home park with community water and sewer;

(b) Subdivision with community water and sewer; or

(c) RV park or campground.

(4) Mobile home site. Each mobile home site/space shall be governed by the site standards for the DM Zone in Table 5.11, Site Standards: DM Zone.

(5) Dwellings, number. A minimum of five dwellings are required per mobile home or RV park or subdivision with a maximum of one dwelling per each space allotted for a mobile home or RV.

(6) Space for a mobile home, area: minimum 3,500 square feet, excluding roadways.

(7) Space for a mobile home, width: minimum 50 feet.

(8) Space for a mobile home, depth: minimum 70 feet.

(9) Recreational space: 10% or 20,000 square feet of the total development, whichever is less, shall be devoted to usable space for recreational activities. Ponding and drainage areas may contribute to recreational space.

(10) Space for a recreational vehicle, area: minimum 1,500 square feet having utility hookup or 900 square feet without hookups, excluding roadways.

(11) Space for a recreational vehicle, width: minimum 10 feet.

(12) Space for a recreational vehicle, depth: minimum 40 feet.

I. Regulations specific to MU Zone. The MU Zone is primarily for mixed land uses.

(1) Additional uses. The Zoning Administrator may approve other similar uses that are compatible with those uses listed in Table 5.1, Land Use Classification Matrix: Zoning Districts.

(2) Driveways. Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Chief; minimum 25 feet of driveway width for non-dedicated streets or driveways within a property for two-way traffic and minimum 20 feet for one-way traffic (measured perpendicular to the direction of travel). Driveways shall be paved.

J. Regulations specific to C1, C2 and C3 Zones. The C1 Zone is primarily for neighborhood commercial uses. The C2 Zone is primarily for community commercial uses. The C3 Zone is primarily for regional commercial uses.

(1) Driveways. Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Chief; minimum 25 feet of driveway width for non-dedicated streets or driveways within a lot for two-way traffic and minimum 20 feet for one-way traffic (measured perpendicular to the direction of travel). Driveways shall be paved.

K. Regulations general to I1, I2 and I3 Zones. The I1, I2 and I3 Zones are primarily for light, medium, and heavy industry, respectively.

(1) The three zones differ in their uses permitted, which are listed separately in Table 5.1 Land Use Classification Matrix: Zoning Districts.

(2) Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet. Driveways and loading docks shall be paved.

§ 350-505 Parking and loading location and design.

This regulation ensures parking and loading are located and regulated safely and in a manner that supports economic opportunity and pedestrian activity. This is accomplished by ensuring off-street parking and loading do not interfere with the spatial enclosure and harmony of the public realm, and that on-street loading is located and timed for convenience and compatibility with adjacent uses.

A. Conformance. Parking shall comply with Americans with Disabilities Act Standards for Accessible Design (ADA SAD), the Federal Highway Administration (FHWA), and the engineering standards of this chapter.

[Amended 11-14-2017 by Ord. No. 294-2017]

B. Parking access and location. The zone shall regulate the location and access. See §§ 350-502, 350-503, 350-504, 350-505 and Article VI.

[Amended 11-14-2017 by Ord. No. 294-2017]

C. Forward travel. Except at alleys and lanes, and for one- or two-family dwellings, vehicles exiting the property shall travel in a forward direction.

D. Loading location. Off-street loading space shall be provided and maintained for every building or part thereof occupied by any use requiring the movement of large volumes to or from vehicles.

(1) One space is required for each whole increment of 10,000 square feet occupied by the use.

(2) Each loading space shall be at least 12 feet wide and 45 feet long, with a minimum overhead clearance of 14 feet from the pavement surface.

(3) Loading and unloading areas shall be located to allow vehicles to maneuver safely and conveniently to and from the public right-of-way or any parking space or parking lot aisle. Except when located on a thoroughfare, loading and unloading areas shall be screened from view from primary and secondary frontages. Loading docks with raised platforms shall be screened from view from primary and secondary frontages.

(4) Access to loading and unloading areas shall be restricted to the hours between 7:00 a.m. and 10:00 p.m., except when otherwise designated by the Zoning Administrator.

E. Fire lanes.

(1) This section refers to the requirements for major developments such as, but not limited to, the following:

(a) Places of assembly.

(b) Business parks.

(c) Educational facilities.

(d) Institutional facilities.

(e) Industrial parks.

(f) Shopping centers.

(g) Storage facilities.

(h) Residential subdivisions.

(2) An applicant will be required to adhere to the current adopted edition of the International Fire Code (IFC).

(3) General requirements for plans submittals:

(a) Authority to design; maintenance responsibility. The Fire Chief (Authority Having Jurisdiction [AHJ]) or his/her designee is authorized to designate fire lanes on private or public property where such areas shall be kept free of parked vehicles and other obstructions to provide/ensure ready access in such areas in case of fire or other emergencies. The designation by the Fire Chief (AHJ) of such fire lanes shall never be held to make the County responsible for the maintenance of such fire lanes on private property, but the owner of such property shall continue to be responsible for the maintenance of such area. The official records of the designation and location of any such fire lanes shall be kept in the Office of the Fire Chief.

(b) Before site plans of proposed construction are submitted to the Building Services Department for issuance of building permits, such plans shall be submitted to the Fire Chief (AHJ) for review and approval of the adequacy of access for fire and emergency equipment to any buildings and of the adequacy of any proposed fire lanes. The specific requirements of this section as applicable to a specific structure may be modified by the Fire Chief in recognition of varying occupancies, size and/or hazard of buildings and the provision of other means of access of fixed fire protection.

(c) The Fire Chief (AHJ) or designee may require the owners of existing shopping centers and existing facilities on private property to submit site plans for use in determining whether to designate fire lanes on the property. The Fire Chief may require that the fire lane for existing buildings be established to provide access for fire suppression operations by improving existing conditions. Fire lanes established for new and existing structures shall conform to fire lane requirements applicable at the time of construction. If no fire lane requirements were applicable at the time of construction, the Fire Chief or designee may require establishment of fire lanes to conform with the requirements of this section, insofar as is practicable without requiring any construction, structural modification or substantial financial hardship.

(d) The Fire Chief (AHJ) will require any and all developments to be provided with an adequate water supply for the purpose of firefighting effort in accordance with the IFC Appendix C.

(e) The Fire Chief (AHJ) will require all developments to be provided with adequate fire apparatus access roads in accordance with IFC Appendix D.

(f) Where required by the Fire Code Official, approved signs or other approved notices or markings that include the words "NO PARKING — FIRE LANE" shall be provided for fire apparatus access road to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced and repaired when necessary to provide adequate visibility.

§ 350-506 Environmental performance standards.

These regulations require that any adverse environmental effects remain on the property on which they are generated.

A. General requirement. All uses, except those uses listed under the Right to Farm Act, NMSA 1978 §§ 47-9-1 to 7 shall comply with the performance standards established in this section. All noise vibration, radiation, fire and explosive hazard or glare shall conform to local, state and federal laws and any federal, state or county law, ordinance or regulation that establishes a more restrictive standard shall apply. Nothing in this section may be construed to alter, change, modify or abrogate any authority granted exclusively to any state or federal regulations.

B. Nuisance. No use shall be operated or maintained that creates an environmental detriment or public nuisance, including but not limited to visual clutter created by excessive signage, lighting or outdoor storage, noise or odors as defined herein or other noise and odors such as those created by pets or garbage.

C. Noise. Any activity or operation of any use producing noise (other than ordinary vehicular noise) shall be as regulated by the noise standards in Chapter 261, Noise.

D. Lighting. All on-site lighting of buildings, lawns and parking areas shall be designed so as not to shine or cause glare onto any adjacent property or building or to cause glare onto any public street or vehicle thereon.

(1) All light standards shall comply with NMSA 1978 § 74-12, Night Sky Protection.

E. Glare and heat. Principal and accessory uses producing glare or heat shall be conducted so that no glare or heat from the activities or operations shall be detectable at any point off the parcel on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across property lines.

F. Vibration. No earth-borne vibration from any operations of any use shall be detectable at any point off the parcel on which the use is located, unless land is assessed as agriculture.

G. Dust and air pollution. Dust and other types of air pollution borne by the wind from sources such as storage areas and the like within property boundaries shall be managed by appropriate landscaping, screening, sheltering, paving, oiling, fencing, wetting, collecting or other acceptable means. The T2 Zones and agriculturally assessed lands shall be permissive to commercial agricultural uses and the environmental impacts thereof.

H. Fluid discharge of radioactive and hazardous waste. The discharge of fluid and the disposal of radioactive and hazardous waste materials shall be in compliance with applicable state and federal laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material shall commence without prior notice and approval of the Zoning Administrator, the Fire Chief, the County Sheriff and the Chief Building Official. Notice shall be given at least 30 days before the operation is commenced and shall be subject to a public hearing. Radioactive and hazardous material shall be transported, stored and used only in conformance with all applicable federal, state and local laws.

I. Electromagnetic interference. Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the parcel on which such interference originates.

J. Odors. The release of materials odorous by nature, or capable of being odorous, either by bacterial decomposition or chemical reaction, which renders it perceptible from beyond the zoning property, shall be prohibited with the exception of commercial agricultural uses.

K. Toxic substances. The storage, handling or transport of toxic substances shall comply with the State of New Mexico Office of Emergency Management (OEM) rules and regulations, as applicable relative to the prevention of water pollution.

L. Water pollution. All uses shall comply with the State of New Mexico and the United States Environmental Protection Agency (EPA) rules and regulations as applicable regarding the prevention of water pollution.

M. Fire and explosion hazards. Materials that present potential fire and explosive hazards shall be transported, stored and used only in conformance with applicable federal, state and local laws and the Doña Ana County Fire Chief (CFC).

N. Outdoor storage. All outdoor storage for fuel, raw materials and products shall be enclosed by a solid fence, wall and/or plant materials adequate to conceal such facilities from adjacent properties and public right-of-way, per § 350-507. These restrictions do not apply to commercial agricultural.

O. Drainage. No use shall adversely affect the natural drainage pattern on its own or any other property.

§ 350-507 Landscaping, buffering, and fencing.

[Amended 11-14-2017 by Ord. No. 294-2017]

The purpose of landscaping, buffering, and fencing requirements is to contribute to the aesthetic quality of development, to provide privacy and security, to enhance the overall quality of life in the area, to use active landscape features, and to preserve and maintain compatibility with the Chihuahuan Desert ecoregion and its diversity of plants and wildlife adapted to its range of climate.

A. Applicability.

(1) New development: This section applies to all new commercial, industrial, institutional, multifamily uses involving three or more units, and all exterior roadway frontages of single-family developments, i.e., the area between the roadway edge and property line or exterior walls, whichever is furthest from the roadway.

(2) New development, unmanned: All unmanned development is exempt from the landscaping requirements of § 350-507D. All unmanned development, with the exception of land uses whose core function would be impaired, shall comply with buffer requirements of § 350-507M through Q. Section 350-507 shall not apply to wireless communication facilities, which are regulated under § 350-513.

(3) Expansions of existing development: This section applies to all commercial, industrial, institutional, and multifamily uses that include a change in character, land use, enlargement, extension, or expansion. If the existing landscape area is less than the required landscape area or if the expansion of the use is greater than 20%, additional landscaping shall be provided according to this section.

[Amended 12-8-2020 by Ord. No. 317-2020]

(4) Discontinued or abandoned development: This section applies to all commercial, industrial, institutional, and multifamily uses of three or more units discontinued or abandoned for a period of one year or more, per § 350-209I.

(5) Exceptions:

(a) The following uses: single-family residential or duplex, community garden, farming and ranching;

(b) Existing development not being expanded; and

(c) Existing landscaping, if developed in compliance with zoning requirements in effect prior to the enactment of this chapter.

B. Landscape plan requirements. A landscape plan shall be prepared by a professional landscape architect; or a professional engineer or architect of record if the development is a nonresidential project and does not exceed a valuation of $600,000 when submitted with an application for building permits, site plans, and subdivisions, including:

[Amended 12-8-2020 by Ord. No. 317-2020]

(1) Required clearances, locations of all proposed irrigation, plants, ground cover, any required buffers, and other landscape treatments, including water harvesting and hardscape, with dimensions noted. The plan shall include a graphic scale, a written scale, and a North arrow.

(2) Proposed irrigation shall indicate the water source with static pressure, type and size of system, and equipment. Irrigation shall be noted as permanent or temporary.

(a) Permanent system: Plan shall indicate an underground system of adequate sizing to properly irrigate landscape. This shall include a reduced pressure backflow preventer with a locking enclosure and insulation or heating, valves, piping, drip emitters, heads, and a multi-program controller.

(b) Temporary system: Plan shall indicate a method to establish seeding and low water-use plants. This shall include an underground or on-grade system, a water truck, or a time-release water supplement. Temporary systems shall be removed within two years of the landscape completion date.

C. Plant preservation credit. Existing trees and plants may be applied towards landscaping requirements as follows:

(1) General requirements.

(a) Possess a live plant cover, including a full canopy and roots, not overly pruned to compromise vigor or the typical form for their species, and determined as such by CDD, landscape professional or county horticulture agent;

[Amended 12-8-2020 by Ord. No. 317-2020]

(b) Provide a plan for temporary, protective fencing beyond their root zone(s) and temporary irrigation to protect plants during construction, prior to landscape installation;

(c) Can meet up to 50% of landscape requirements;

(d) Invasive species as listed in New Mexico Department of Agriculture or other USDA lists, and may not be used towards any plant preservation credits; and

(e) Credit shall be issued for trees and plants preserved upon substantial completion of project and landscaping.

(2) Preserved areas in a natural condition.

(a) Consists of areas in their natural condition including post-developed sites, which have returned to their pre-developed condition, with no less than 50% native plants.

(b) An area of natural condition meets the landscape area requirement at a ratio of 1:1.

(3) Preserved plants.

(a) An established tree or other plant existing on a property, except invasive species.

(b) Existing trees meet the tree quantity requirement at a ratio of one tree per three inches caliper to a maximum of nine inches caliper per existing tree. Existing canopy area meets the live plant cover requirement at a ratio of 1:1.

(c) Other existing plants meet the shrub and other plant quantity requirement at a ratio of one plant per square foot of live plant cover to a maximum of 10 square feet per existing plant. Existing live plant cover meets the live plant cover requirement at a ratio of 1:1.

D. Landscaping, required areas.

(1) The landscaped area shall be void of any impermeable obstruction to planting, except where hardscape and other features are proposed.

(2) Nonindustrial uses. Required landscape areas shall be landscaped in accordance with this section:

(a) Inside the property line: The minimum landscape area is calculated by using the entire property area, less the building area, multiplied by 15%, less plant preservation credit.

(b) Within the public right-of-way per § 350-507F: The entire square footage of the area of the planter where trees are grown shall be landscaped per Tables 6.9, 6.10, and 6.11 and shall be no less than 15% of the total landscaped area.

[Amended 12-8-2020 by Ord. No. 317-2020]

(c) All vehicular use area per § 350-507G.

(d) Any buffer per § 350-507M through Q.

(3) Industrial uses. Required landscape areas shall be landscaped in accordance with this section:

(a) Inside the property line: The minimum landscape area is calculated by using the street view area, multiplied by 25%, minus the plant preservation credit.

(b) Within the public right-of-way per § 350-507F: The entire square footage of the planter shall be landscaped per Tables 6.9, 6.10, and 6.11.

(c) Any vehicular use area per § 350-507G.

(d) Any buffer, including frontage buffers, per § 350-507M through Q.

(4) Provided landscape area. Any plantable area not left as natural cover, excluding features such as golf courses, parks, recreational areas, community gardens, and unlandscaped areas covered in mulch. Due to variations in site design, the provided landscape area could be larger than required. The same standards shall apply to the entire area.

E. Landscaping, required treatments.

(1) All proposed landscaping shall provide active landscape features.

(2) General landscape type. Landscaping shall consist of live plants, an irrigation system supporting all plants, and ground cover.

(a) Plants shall be distributed throughout the required landscaping area.

(b) If plants in the required landscaping area meet live plant cover requirements, any extra plants may be applied towards Buffer Class requirements per § 350-507M through Q.

(c) Landscaping shall comply with all additional requirements or alternatives to general landscaping requirements, per § 350-507F, G and M through Q.

(d) Landscaping may include plant substitutions allowing design flexibility, per Table 5.20.

(3) Minimum live plant cover. Live trees and other plants combined shall cover a minimum of 25% of the provided landscape area at maturity; see area column of Appendix X, § 350-824.

(4) Trees. A minimum of one live tree shall be provided for every 1,000 square feet of landscape area at a minimum size combination of fifteen-gallon and/or five-foot height with a two-foot canopy width.

(5) Other plants. A minimum of 10 live plants shall be provided for every 1,000 square feet of landscape area, at a minimum size of five-gallon.

(6) Ponding areas shall meet requirements of §§ 350-605 and 350-507.

(7) Low water-use trees and other plants shall be used in a minimum of 50% of provided live plant cover, per Appendix X, § 350-824.

(8) High water-use plants shall not be counted towards any required landscaping per Appendix X, § 350-824.

(9) Artificial or other nonliving plants including synthetic lawns and turf, shall not be counted for any required landscaping.

(10) Prohibited or not-recommended plants shall not be counted towards any required landscaping, per Appendix Y, § 350-825. Prohibited plants shall not be added to any provided landscape area.

(11) Ground cover. Ground cover is required in all areas of provided landscaping not covered by plants.

(a) Inorganic mulch: Mulches shall be a minimum depth of two inches. On slopes 5:1 or greater, mulches shall be sized two inches in diameter or larger, at a depth allowing no visible bare soil or weed fabric.

(b) Organic mulch: Mulches shall be a minimum depth of three inches. On slopes 5:1 or greater, organic mulch is not permitted.

(c) Low plants: Plants that usually mature at a maximum height of 30 inches, but can spread to a greater width than their height, which are installed at a close spacing to form a dense cover.

(d) Seeding: A technique which disperses seeds and results in germination of live plants, including grasses and wildflowers. Multiple applications of seeding shall provide a minimum of 25% cover within two years of the landscape completion date. On slopes 5:1 or greater, seeding is not permitted.

(e) Turf: A surface layer of soil, grass, and its roots bound into a mat. On slopes 6:1 or greater, turf is not permitted.

(12) Plastic is prohibited under any mulch, between plants, or as a covering to bare soil.

(13) Required clearances. Landscape features and plantings at maturity shall not interfere with critical distances to infrastructure and other site features:

(a) Clear sight triangle: Trees and other plants within a clear sight triangle per § 350-602C shall be free of foliage from 30 inches to eight feet in height above the roadway.

(b) Overhead utilities or lines: Trees shall not be located underneath utilities or lines, except species known to mature under 12 feet in height.

(c) Underground utilities or lines: Trees shall not be located within three feet of any underground utilities.

(d) Fireplugs or fire hydrants: Trees shall not be located within eight feet of fireplugs or hydrants. Other plants shall be located so mature canopies are a minimum of five feet from fireplugs or hydrants.

(e) Street light poles or fixtures: Trees shall be located so mature canopies do not contact poles or fixtures, and trunks shall be a minimum of 10 feet from poles or fixtures. Other plants shall be located so mature canopies are a minimum of three feet from poles or fixtures.

(f) Drainage structures, underground and aboveground utility boxes, poles, and vaults: Trees and other plants shall be located so mature canopies are a minimum of three feet from the structure.

(g) Planting area sizing, trees: An unpaved area with a minimum of 36 square feet and no dimension less than four feet shall be provided for each tree. Tree trunks require a minimum of six feet clearance from buildings, fences, walls, and parkways.

(h) Planting area sizing, other plants: An unpaved area sized to accommodate plantings at maturity. Mature canopy of other plants shall not extend beyond planting area.

(i) Overhead structures and canopies: Provided landscape area shall not be located beneath the structure. Trees shall be located so mature canopies do not contact the structure.

F. Landscape, public right-of-way.

(1) Trees in parkways shall have a size combination of no less than twenty-four-inch box, 1 1/2 inch caliper, or six-foot height with a two-foot canopy width at installation time. Trees shall not be spaced closer than their mature canopy widths. They may use even or uneven groupings and spacing.

(2) Turf, regardless of irrigation method, is prohibited in this area.

G. Landscape, vehicular use areas. These requirements shall apply to parking lots, driveways, and loading areas:

(1) Indicate the vehicular use area boundary on the plan, extending a minimum of five feet beyond the parking lot, driveway, and loading area perimeter.

(2) A minimum of one live tree per five parking spaces, evenly distributed.

(3) Live plant cover: 25% minimum of provided landscape area within vehicular use area, not including tree cover.

(4) All paved surfaces shall drain into landscape areas unless subsurface conditions do not support infiltration.

(5) Trees shall have a size combination of no less than twenty-four-inch box, 1 1/2 inch caliper, and/or six-foot height with a two-foot canopy width at installation time.

(6) Turf, regardless of irrigation method, is prohibited in this area.

H. Plant substitutions. Plant sizes and quantities may be substituted based on the equivalencies listed in Table 5.20, Plant Substitutions.

Table 5.20. Plant Substitutions
Required Type and Size		Equivalent
Quantity	Plant	15 Gallon	5 Gallon	1 Gallon
1	Tree: 24-inch box, 1 1/2 inch caliper, and/or a 6-foot height with a 2-foot canopy	2	6	n/a
1	Tree or other plant: 15-gallon and/or a 5-foot height with a 2-foot canopy	n/a	3	9
1	Tree or other plant: 5-gallon	1/3	n/a	3

I. Plant list. Refer to Appendix X, § 350-824, for recommended tree and plant species for use in landscaping. The emphasis is on plants best suited for the arid conditions and temperature range in the Chihuahuan Desert.

J. Plants, prohibited or not recommended. Refer to Appendix Y, § 350-825, for plants prohibited or not recommended for use in landscaping.

K. Landscape, installation. Landscaping shall be installed per the approved plan prior to the issuance of a certificate of occupancy by Building Services. Modifications to approved plans shall be submitted to CDD and be in compliance with this chapter.

L. Landscape, maintenance. The landscape shall be maintained in a live, weed-free, and litter-free condition. All landscaping shall be maintained to not interfere with required clearances nor constitute a traffic hazard per § 350-602C. The following requirements apply:

(1) Dead plants shall be removed and replaced in compliance with this chapter.

(2) Tree maintenance.

(a) Right to remove: The County may order, or cause to be removed, all or part of any tree in an unsafe condition, interfering with infrastructure, or infected with insects, disease, or other pests.

(b) Tree-topping prohibited: It is unlawful to top any tree or otherwise remove or disfigure the normal canopy of any tree. Trees severely damaged by storms or other causes, under utility wires or other obstructions, or where pruning is impractical are exempt.

(c) Palm and yucca foliage removal prohibited: Removal of dead foliage skirts on a trunk below a live crown is not permitted. Pruning for safety issues, insect swarms, or dead flower and fruit stalks is exempt.

(d) Overhanging trees: A tree overhanging a right-of-way shall be pruned to not obstruct street light illumination or the view in any intersection and clear sight triangle per § 350-602C.

(3) Other plant maintenance requirements.

(a) All plants shall have natural forms retained during pruning or trimming, and to not obstruct the view in any intersection and clear sight triangle per § 350-602C.

(b) Skinning and heading back of accent plant foliage is not permitted.

(4) Irrigation maintenance requirements.

(a) Leaks shall be repaired.

(b) Drip emitters and heads: Maintenance is required to optimize water flow to plants.

(c) Controller settings, including seasonal adjustments, are required for proper timing and application of irrigation.

M. Buffer, general. Buffering mitigates incompatibility between adjacent land uses, as required in Table 5.21. The buffer shall be included in the landscape plan in § 350-507B.

(1) Plants required in each buffer class per § 350-507Q can include plants from required landscaping treatments per § 350-507E, provided buffer class requirements are met; if those requirements are not met, additional plants shall be included to meet buffer requirements.

N. Buffer, location. Buffers shall be placed immediately inside the property line, with the following exceptions:

(1) The Zoning Administrator may approve an alternate buffer location or class if any of the following is determined:

(a) The site is impractical due to terrain, visibility, or public safety;

(b) It is necessary to avoid overshadowing or impinging on solar access and light for a neighboring property;

(c) It is necessary to remain clear of an easement;

(d) It is necessary to avoid a physical hardship to the applicant resulting from a strict enforcement of this chapter and which significantly outweighs the potential impact to surrounding properties; or

(e) An alternate buffer location for a residential land use can be accomplished at least as well as with the required location.

O. Buffer, composition. Buffers shall consist of vegetation and a combination of other treatments.

(1) Required buffer vegetation shall meet landscaping requirements of this chapter, plus:

(a) Trees shall be located so mature canopies do not overhang the property line, except into a right-of-way where safety is not affected.

(b) Tree trunks shall be located a minimum of six feet from the property line.

(c) Shrubs and other plants shall be located so mature canopies are a minimum of two feet from the property line.

(2) Buffer treatments may consist of any combination of the following:

(a) Berms may be of appropriate earth or soil, or in combination with a retaining wall, and cannot exceed one foot of rise for every five feet of linear distance (5:1 slope).

(b) Walls shall be solid using opaque materials, while fences may be open, using screening materials.

P. Buffer types. One of the following buffer types may be required based on the degree of separation necessary between land uses:

(1) Buffer, solid wall required. A solid wall or fence six to eight feet high shall be constructed between the following uses and residential land uses: loading zones; outdoor storage of vehicles and equipment; outdoor work yards; outdoor seating or entertainment space; heavy industrial or other similar uses as determined by the Zoning Administrator.

(a) The height of the wall shall be reduced or set back at a driveway or alley so as not to impinge on any clear sight triangle.

(b) If the wall plus retaining wall have an effective height of over eight feet on the adjacent property, the Zoning Administrator shall determine the acceptable height.

(2) Buffer, landscaping required. Landscape buffer assemblies of the classes in § 350-507P shall be required as specified in Table 5.21.

Q. Buffer, landscape buffer classes. Whenever landscape buffer class widths and building setbacks are both involved in a project, the development shall comply with both requirements.

[Amended 12-8-2020 by Ord. No. 317-2020]

(1) Buffer Class 1: Open Screen. Shall have a width of 12 feet, composed of intermittent visual obstructions from the ground to a height of 15 feet, with a minimum of 25% visual obstruction along buffer length. See Figure 5-1.

Figure 5-1. Buffer Class 1: Open Screen Illustration

Suggested planting patterns:

(2) Buffer Class 2: Semi-Opaque Screen. Shall have a width of 12 feet, composed of a screen that is opaque from the ground to a minimum height of three feet using a solid wall or fence, with intermittent visual obstructions to a height of 20 feet, with a minimum of 50% visual obstruction along buffer length. See Figure 5-2.

Figure 5-2. Buffer Class 2: Semi-Opaque Screen Illustration

Suggested planting patterns:

(3) Buffer Class 3: Opaque Screen. Shall have a width of 20 feet, composed of a screen that is opaque from the ground to a minimum height of six feet using a solid wall or fence, with intermittent visual obstructions to a height of 20 feet, with a minimum of 75% visual obstruction along buffer length. See Figure 5-3.

Figure 5-3. Buffer Class 3: Opaque Screen Illustration

Suggested planting patterns:

Table 5.21 Buffer Class Requirements [Amended 12-8-2020 by Ord. No. 317-2020]
	New Use
Adjacent Use	Right-of-Way	N/Ag/Vacant	R5/R5L	T2	T3/L	T4/M	T5/H	D1/D1L	D2/D2L	D3	DM	MU	C1	C2	C3	I1	I2	I3
Right-of-Way																1	2	3
N/Ag/Vacant
R5/R5L			1	1	1	2	3	1	1	2	2	2	2	3	3	3	3	3
T2			1		1	2	3	1	1	2	2	2	2	3	3	3	3	3
T3/L			1	1		1	1	1	1	2	2	2	2	3	3	3	3	3
T4/M			2	2	1		1	1	1	2	2	2	2	3	3	3	3	3
T5/H			3	3	1	1		2	2	2	2	2	2	3	3	3	3	3
D1/D1L			1	1	1	1	2		1	2	2	2	2	3	3	3	3	3
D2/D2L			1	1	1	1	2	1		2	2	2	2	3	3	3	3	3
D3			2	2	2	2	2	2	2		2	2	1	2	3	3	3	3
DM			2	2	2	2	2	2	2	2		2	1	3	3	3	3	3
MU			2	2	2	2	2	2	2	2	2		1	1	3	3	3	3
C1			2	2	2	2	2	2	2	2	2	1		1	3	3	3	3
C2			3	3	3	3	3	3	3	2	3	1	1		2	2	2	2
C3			3	3	3	3	3	3	3	3	3	3	3	2		1	1	1
I1	1		3	3	3	3	3	3	3	3	3	3	3	2	1	1	1	1
I2	2		3	3	3	3	3	3	3	3	3	3	3	2	1	1	1	1
I3	3		3	3	3	3	3	3	3	3	3	3	3	2	1	1	1	1

Legend: Number indicates the buffer class required per § 350-507P.

R. Screening wall or fence. All Commercial and Industrial Zoning Districts require a screening wall as defined by Article VII, § 350-702, Glossary of the Dona Ana County Uniform Development Code (DAC, UDC). Screening walls or fences are optional in Residential Zone Districts or Uses as defined in Article IV, § 350-501 Zoning Districts.

[Amended 12-8-2020 by Ord. No. 317-2020]

(1) Requirements.

Table 5.22 Maximum Height of Screening Walls and Fences
Location	Maximum Height
Required front yard setback (primary frontage required, secondary frontage required only if used)	4 feet (3*)(2*)
Within required side or rear yard setback (nonfrontage)	6 feet (1*)
Livestock/animal enclosures/other security (side and rear)	6 feet (1*)(2*)(3*)(4*)
5 feet setback of front property line	5 feet (3*)
Within a clear sight triangle	No screening wall or fence allowed, except as provided by § 350-608 C. (Clear Sight Triangles).
Outside of a required setback	6 feet (3*)

Notes:
(1*)	Screening walls or fences above six feet require a building permit and plans sealed by a professional engineer licensed in the State of New Mexico.
(2*)	A 25% increase to a four-foot front setback screening wall or fence may be allowed provided that the increase is of a material that is not solid along its whole length and vertical surface and is not continuously obstructing view along the length and height of surface allowing for the passage of light, air and visibility.
(3*)	A building permit is required for all screening wall and screening fence foundations.
(4*)	Livestock/animal enclosures may be no higher than eight feet only upon review and approval by the Zoning Administrator.

(2) Commercial and Industrial District or uses: Screening walls shall be required adjacent to any Residential District or use. Single-Family Residential Districts or uses: screening wall or fencing is optional.

(a) Maximum height at primary frontages, i.e., corner lots, is four feet. A screening wall or fence up to five feet may be placed a minimum of five feet from the frontage property line. A screening wall or fence up to five feet may be placed at primary frontage so long as one foot over the required four feet is of a material that is not solid along its whole length and vertical surface and is not continuously obstructing view along the length and height of surface allowing for the passage of light, air and visibility.

(b) Maximum height at secondary frontage: four feet with a minimum five-foot setback from secondary frontage property line if used otherwise it may go up to six feet in height on side or rear setback when not used as a secondary frontage. Setback area shall be maintained with low growing xeriscape.

(c) Maximum height within required non-frontage yards (side, rear) is six feet; except for where livestock or large animals are enclosed, a fence height may be up to eight feet or higher if necessary with the approval by the Zoning Administrator.

(d) The use of barbed wire or razor fences are permitted in the agricultural and industrial zone districts or uses except when adjacent to a residential zone district or use.

(e) Property owners are encouraged to hire a licensed surveyor to locate property lines prior to the construction of a screening wall or fence. Screening walls or fences between properties shall be built up to but not over the property line unless both properties sharing screening wall or fence provide a recorded development agreement in perpetuity for the construction and maintenance of screening wall or fence. Screening walls or fencing may not be placed over drainage easements without written permission from the Doña Ana County Flood Commission.

(f) Screening walls or fencing over utility easements is prohibited without written permission from the utility company.

(g) A building permit is required for all screening walls or fencing foundations.

(h) A building permit and sealed plans by a professional engineer or architect licensed in the State of New Mexico is required for any screening walls or fencing higher than six feet.

(i) Retaining walls shall not be subject to maximum height and are governed by topography and drainage hardships.

Figure 5-4 Screening Wall or Fence Locations

(3) Wall or fence, location and height. Wall and fence location and heights shall have minimum and maximum heights per Table 5.22 and illustrated in Figures 5.4 and 5-5 and shall be measured:

(a) To the highest point of the wall, the top rail of a fence or to the top of a standard picket.

(b) A primary or secondary frontage is measured from sidewalk grade where sidewalks are present or the adjacent grade of the right-of-way.

(c) Between properties from the adjacent yard's grade.

(d) Along a rear lane from the grade of the rear lane.

Figure 5-5 Screening Wall or Fence Heights

(4) Screening wall and fence construction and design requirements. The general design of walls and fences is shown in Table 5.23. Wall and fence design shall meet the following requirements:

(a) Walls: Reinforcement, including rebar, shall be incorporated into all walls, including pilasters of the size and spacing per building codes.

(b) Fencing: Supporting members and posts of a fence shall be on the inside of the fence (toward the property interior), and the smooth or flat faces shall be on the outside. If two faces are used, each face shall be of the same type and finish.

(c) Wood frontage fences shall be painted or stained.

(d) Barbed wire fencing is permitted only in agricultural properties, industrial zones and uses, and in legal conforming industrial uses unless required by state or federal law.

(e) Any fencing or walls used to enclose an industrial use shall not enclose the street view area.

Table 5.23. Wall or Fence Types, Illustrated
Wall or Fence Type		General Design
1.	Wall: solid (masonry or cast-in-place)
2a.	Fence: vertical picket (wood or metal, with CMU, rock or adobe pilasters)
2b.	Fence: vertical picket (wood or metal, with wood or metal pilasters)
2c.	Fence: vertical picket (wood or metal)
3a.	Fence: horizontal rail (wood or metal)
3b.	Fence: ranch or rail (wood sections)
4.	Fence: pole (wood latilla/coyote, metal or ocotillo)
5.	Fence: wire (metal, chain link or welded-wire mesh)
6.	Fence: open face (decorative CMU, cast-in-place concrete or metal)

§ 350-508 Signs.

A. The purpose of these sign regulations includes the following:

(1) Provide property owners and occupants an opportunity for effective identification of place, goods sold or produced, or services rendered;

(2) Reflect the character of the natural and built environments;

(3) Maintain or improve the aesthetic character of their context, relate to any buffer walls and fencing, compliment architecture and landscaping, provide safe and nonobtrusive lighting, and not distract motorists or demand excessive attention; and

(4) Prohibit abandoned and dangerous signs.

[Amended 12-8-2020 by Ord. No. 317-2020]

B. Permit required.

(1) A sign permit shall be required before the erection, re-erection, construction, alteration, placement or installation of all signs regulated by this chapter, except according to § 350-508H. Additional electrical and building permits may also be required and shall meet all requirements of those permits. The following actions shall also require a valid sign permit:

(a) Expansion to the face area or height of an existing sign.

(b) Change in location of an existing sign.

(c) Change in the dimensions of an existing sign.

C. Nonconforming signs.

(1) Nonconforming signs may be maintained but may not be altered, changed in shape or size, raised, or replaced unless such action brings the sign into conformity with this chapter.

[Amended 12-8-2020 by Ord. No. 317-2020]

(2) Nonconforming signs that do not comply with this section's prohibition of signs in the public right-of-way and prohibition of freestanding signs in the clear sight triangle shall be moved to comply with those subsections of this section within 180 days of adoption of this chapter. If a notice has been sent to a sign owner, lessee, or property owner indicating that a sign is in need of repair, alteration or removal because it is in violation of this section, the County may initiate proceedings to revoke the sign permit (if any was issued) and may remove the sign 30-180 days after the notice is sent; time may be reduced if it is a health and safety issue.

D. Prohibited signs. The following signs are prohibited:

(1) Any sign built or displayed without a permit, if a permit is required.

(2) Any sign not expressly allowed in this section.

(3) Signs that pose a distraction by blinking, flashing, fluttering, rotating and similar movement (actual or illusion), and other distractions identified by the Zoning Administrator. These restrictions do not apply to the following:

(a) Rotating barber poles at an approved barbershop;

(b) Flashing and chasing lights on concessions and rides at fiestas, fairs and similar special events;

(c) Warning signs placed by government authorities;

(d) Strings of flashing and chasing lights displayed during the December holiday season, if such lights do not outline or highlight a sign; and

(e) Scotchlite or reflective tape.

(4) Signs, except sidewalk signs within five feet of a curb or edge of a roadbed, that obstruct vehicular or pedestrian traffic or that obstruct the clear sight triangle.

(5) Except as expressly allowed in this section, signs placed over the public right-of-way or public property or any sign that encroaches onto the right-of-way below eight feet above the sidewalk or grade of the land.

(6) Signs placed or painted on vehicles, trailers, or movable devices whose primary use is a sign; this includes the parking of such vehicle, trailer, or device in a manner as to constitute a sign. This does not include vehicles, etc., used in the course of usual business activities.

(7) Signs that pose a safety hazard or block a clear view of surroundings.

(8) Signs affixed to public or utility poles, street furniture, fences, walls, retaining walls or similar features.

(9) Signs on natural features such as rocks, trees or outcroppings.

(10) Banners, pennants, streamers and other fluttering devices except in § 350-508H(6).

(11) Abandoned or nonmaintained signs.

[Added 12-8-2020 by Ord. No. 317-2020]

E. Maintenance and removal.

(1) Signs shall be maintained in conformity with the structural standards of the current Building Code adopted by the County and shall be kept clean and in good repair.

(2) All braces, bolts, clips, fastenings and supporting frames shall be securely affixed to the support structure or wall. Signs shall be kept free of rust, rot, insect infestation, bird nests and other deterioration. Billboard posters shall be kept free of peeling, fading and other deterioration.

(3) If the message portion of a sign is not maintained, is peeled or becomes faded and unreadable, the message portion shall be replaced within 30 days or the sign shall be removed. If structural elements of the sign structure separate or collapse, or fall into severe disrepair, the sign shall be removed if not replaced within 30 days.

(4) If a sign is considered to be unsecured, unsafe or in danger of falling or if it is damaged, destroyed, taken down or removed for any purpose other than copy change, the sign shall be removed immediately or repaired and made to comply with all standards in this section. Such signs may be removed by the County and associated costs shall be charged to the owner.

(5) No sign shall be placed within any public right-of-way or on County property without the County's consent. Signs placed within the public right-of-way or on County property may be removed by the County and associated costs charged to the owner.

F. General guidelines to all zones and community types, general limitations.

[Amended 12-8-2020 by Ord. No. 317-2020]

(1) Illuminated signs. Illuminated signs shall only be illuminated from dusk to dawn (or during similar darkness during storms), and shall permit no direct view of bulbs.

(2) Coordinated design. The signs within each property shall be coordinated in design when possible. For buildings with multiple signs, mounting hardware or sign shapes, sizes and colors shall be coordinated between the developer and the property owner.

(3) Placement. Signs should be placed where the architectural features suggest the best placement for signage. They should be vertically aligned with the center of an architectural feature such as a storefront window, entry portal or width of a bay or overall retail space. They shall not interrupt or obscure these features or cause visual disharmony.

(4) Wiring. Electrical raceways, conduits and wiring shall not be exposed. Internal lighting elements shall be contained completely within the sign assembly or inside the wall.

(5) Sign area. Height and width shall be measured using the smallest rectangle that fully encompasses the entire extent of letters, logo and background and shall only apply to one side of any sign that has two faces separated by a horizontal angle of 45° or less. All freestanding signs may be double-sided.

(6) Lettering design and construction. Signs shall use only cut-out, painted, etched or channel letters.

(7) Mounting hardware. Mounting hardware, such as supports and brackets, may be simple and unobtrusive or highly decorative, but shall complement the design of the sign, the building, or both.

(8) Encroachment. No sign may encroach beyond the property line except as specifically allowed for the type of sign in § 350-508I.

G. Signs allowed by zone or community type. The following types of signs are allowed in all zones and community types: signs required by law, signs not visible from a street, signs on vehicles, and temporary signs. All other signs are allowed as indicated in Table 5.24.

Table 5.24. Signs Allowed by Zone or Community Type [Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]
Sign Types	N	T2	R5/R5L	T3/L	T4/M	T5/H	D1/D1L	D2/D2L	D3	DM	MU	C1	C2	C3	I1	I2	I3
Awning sign		B			B	B					B	B	B	B
Band sign		B			B	B					B	B	B	B	B	B	B
Blade sign		B	B	B	B	B					B	B	B	B
Marquee sign					B	B					B	B	B	B
Monument sign					B	P				P	P	P	P	P	P	P	P
Outdoor display case		B			B	B					B	B	B	B
Sidewalk sign					B	B					B
Shingle sign		B	B	B	B	B
Window sign		B			B	B					B	B	B				B
Yard sign	P	P	P	P	P	P	P	P	P	P	P	B	B	B	B	B	B
Billboard														C	C	C	C
Pole sign					B	P					P	P	P	P	P	P	P

Legend:
Allowed	P
Allowed for business	B
Conditional per § 350-508I(1)	C

H. Signs exempt from permitting. The following types of signs shall not require sign permits and shall be allowed by right.

(1) Signs required by law.

(2) Signs that are constructed, placed, or maintained by a governmental entity or signs that the law requires to be constructed, placed or maintained to enforce a property owner's rights.

(3) Yard signs.

(4) Delivery boxes. Newspaper boxes, mailboxes and other delivery enclosures.

(5) Signs on vehicles. Signs on vehicles and trailers that are currently operating and registered.

(6) Temporary signs as off premises signs shall not be permitted and shall comply with the following:

[Amended 12-8-2020 by Ord. No. 317-2020]

(a) Shall use the banner, stake, or standing sign hardware types, exclusively.

(b) A maximum of two temporary signs may be permitted on a property simultaneously, at a minimum of 50 feet apart.

(c) May not be illuminated.

(d) Shall be removed at the end of the event, sale, promotion or other occasion.

(e) Not be in conflict with the provisions of this chapter.

Temporary Sign
A banner, pennant, poster, or display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials and that is not designed or intended to be displayed permanently.	Width: 6 feet (maximum)
	Height: 6 feet (maximum)
	Area: 36 square feet (maximum)
	Setback from a frontage line: 20 feet

I. General to all zones and community types, limitations by type of sign.

(1) Awning signs. Awning signs shall not be internally illuminated or backlit. The general appearance and additional limitations are listed below:

Awning Sign
	Allowed quantity: 1 per window
	Depth/projection: 4 feet (minimum)
	Clearance from pavement: 8 feet (minimum)
	Sign Area: 70% of each fabric plane (maximum)

(2) Band signs. The following band sign construction types are allowed: cut-out letters individually attached to the wall or on a separate background panel, and externally illuminated; flat panel letters printed or etched on the same surface as the background, which is then affixed to the wall and externally illuminated; translucent or solid channel letters, if each has its own internal lighting element and is individually attached to the wall or onto a separate background panel. The general appearance and additional limitations are listed below:

Band Sign
	Allowed quantity: 1 per frontage
	Allowed size: 200 square feet (maximum)
	Width: 90% of width of the facade (maximum)
	Clearance from pavement: 7 feet (minimum)

(3) Blade signs. Blade signs shall not encroach above the roof line or above the bottom of the second-story window. The general appearance and additional limitations are listed below:

Blade Sign
	Permitted quantity: 1 per frontage or 1 per 1st floor entry
	Attachment: Wall
	Width: 4 feet (maximum)
	Height: 4 feet (maximum)
	Depth/projection: 4 feet (maximum)
	Clearance from pavement: 7 feet (minimum)

(4) Marquees. Marquees shall be located only above the principal entrance of a building housing a theater, auditorium, ballroom or similar venue.

(a) All marquees shall be constructed of noncombustible materials and shall be designed by a structural engineer and approved by the Building Official.

(b) Message boards shall be allowed as part of marquees, and shall be limited only by the width of the entrance and the allowed encroachment, except that the sides and front of the marquee shall not exceed 60 linear feet in total.

(c) The general appearance and additional limitations are listed below:

Marquee Sign
	Allowed quantity: 1 per business or civic use
	Width: Entrance plus 2 feet on each side
	Height: 4 to 10 feet
	Depth/projection: 10 feet (minimum)
	Clearance from pavement: 10 feet (minimum)

(5) Monument sign. The general appearance and additional limitations are listed below:

Monument Sign
	Allowed quantity: 1 per lot, or 2 if frontage is greater than 600 feet
	Allowed size: 50 square feet (maximum)
	Setback from a frontage line: 5 feet (minimum)

(6) Outdoor display case. Outdoor display cases may be externally or internally illuminated.

(a) Theaters, movie theaters and other places of assembly are allowed outdoor display cases 12 square feet in area.

(b) The general appearance and additional limitations are listed below:

Outdoor Display Case
	Allowed quantity: 1 per qualifying use
	Attachment: Building wall, 10 feet of entry (maximum)
	Area: 6 square feet (maximum)
	Clearance from pavement: 4 feet (minimum)

(7) Sidewalk signs. Sidewalk signs shall consist of freestanding, double-sided temporary signs placed near the entrance to a business in a primarily pedestrian environment.

(a) No more than one sidewalk sign is allowed for each business.

(b) Sidewalk signs shall be removed at the close of business each day and whenever high winds or other weather conditions might pose a hazard to safety.

(c) Sidewalk signs shall not impede ADA accessibility.

(d) The general appearance and additional limitations are listed below:

Sidewalk Sign
	Allowed quantity: 1 per use or 1 per 1st floor entry
	Allowed size: 8 square feet (maximum)

(8) Shingle signs. Shingle signs shall not encroach above the roof line or above the bottom of the second story window. The general appearance and additional limitations are listed below:

Shingle Sign
	Allowed quantity: 1 per use or 1 per 1st floor entry
	Allowed size: 6 square feet (maximum)
	Clearance from pavement: 8 feet (minimum)

(9) Window signs.

(a) Window signs shall consist of individual vinyl applique letters or graphics applied to the window; letters painted directly on the window; hanging signs suspended behind the window; neon signs; or door signs applied to or hanging inside the glass portion of an entrance doorway.

(b) Other forms of signs in windows shall be deemed to be temporary signs. See § 350-508H(6).

(c) The general appearance and additional limitations are listed below:

Window Sign
	Allowed quantity: 25% of area in each window

(10) Yard signs.

(a) A yard sign shall be set back at least six feet from the frontage line and shall not exceed six square feet in area excluding posts or six feet in height including posts.

(b) The limitation on quantity indicated below shall not apply 90 days prior to and including any election day and 10 days following such election day.

(c) The general appearance and additional limitations are listed below:

Yard Sign
	Allowed quantity: 1 per lot
	Allowed size: 6 square feet (maximum)
	Height: 6 feet (maximum)
	Setback from a frontage line: 6 feet (minimum)

(11) Pole sign. The general description and additional limitations shall be as listed below:

Pole Sign
Description: An outdoor sign on nonresidential property that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.	Allowed quantity: 1 per lot
	Allowed size, 100- to 300-foot frontage: 100 square feet (maximum)
	Allowed size, between 300- and 600-foot frontage: 150 square feet (maximum)
	Allowed size, minimum 600-foot or more frontage: 200 square feet (maximum)
	Height: 25 feet
	Setback from a frontage line: Sign overhang minimum 6 feet from property line

J. Off-premises signs. The general description and additional limitations shall be as listed below:

[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020[1]]

(1) Billboards:

Billboard
Basic description: A large outdoor sign typically designed to be read from a moving vehicle.	Format A	Controlled access highways; and major arterials
	Format B	Controlled access highways; and major arterials
	Format C	Controlled access highways
	Minimum spacing (all formats)	No less than 1,000 feet on limited access highways, including those in other jurisdictions
	Height (all formats)	45 feet from ground but no more than 30 feet above the roadway grade level

(a) Format. The allowed dimensions of a billboard face not including frame, are below. Where billboards vary from these formats, they will be deemed to be in the next size larger but shall not exceed Format C.

Billboard Face Format

Format A: 12 feet wide, 6 feet in height (72 square feet)

Format B: Larger than Format A; up to 24 feet wide, 12 feet in height (288 square feet)

Format C: Larger than Format B; up to 48 feet wide, 14 feet in height (672 square feet)

Cutouts: Additional 40 square feet, but not more than 10% of sign area (all formats)

(b) Design. Two billboard faces, back to back, or V-shaped with no more than a 45° angle of separation are allowed on a structure. Vertical and horizontal stacking of billboard faces are prohibited. Billboards shall be supported by one or two metal poles or metal-sheathed wood poles or any other construction material provided the construction plans are stamped by a New Mexico licensed engineer. Billboards as attached signs are prohibited.

(2) Government signs.

(a) Traffic control and similar signs are exempt from all requirements of this chapter.

(b) Building identification signs and similar signs do not require permits.

(3) Off premise signs may be used to advertise any garage sale, private sale or event, provided that the signs may not exceed three square feet in sing area and are used only during the duration of the event and are removed immediately following the event.

[1] Editor's Note: This ordinance also renumbered former Subsection I(12) as Subsection J(1).

§ 350-509 Mobile homes, mobile home and RV parks, and mobile home subdivisions.

[Amended 11-14-2017 by Ord. No. 294-2017]

The purpose of these regulations for mobile homes, mobile home and RV parks and mobile home subdivisions is to ensure that they are a safe and healthy place to live and designed in a pattern of thoroughfares and blocks that is compatible with other types of development.

A. Mobile homes in all zones:

(1) Permits required. A mobile home installation permit shall be required for a mobile home or RV within an approved park, in addition to a zoning approval. Long-term residence within an RV shall be limited solely to an approved mobile home or RV park.

(2) Principal buildings and accessory buildings. See Table 5.1, Land Use Classification Matrix: Zoning Districts, for the list of permitted uses.

(3) Special flood hazard areas. See Article VI.

B. Mobile home and recreational vehicle (RV) parks. The following development standards apply to mobile home and recreational vehicle parks:

(1) Vehicular access. All mobile home and RV parks shall have vehicular access from a dedicated right-of-way. Secondary access shall be provided where there are more than 31 mobile home or RV sites. Secondary access shall be 20 feet wide and shall be improved.

(2) Thoroughfares and blocks. The mobile home or recreational vehicle park shall be designed with thoroughfares and blocks, with no block exceeding 500 feet in length, measured at the edge of the areas assigned to each mobile home or RV. Each mobile home and RV site shall have direct access to a thoroughfare internal to the mobile home or RV park.

(3) Thoroughfare layout. Thoroughfare layout shall be designed for preservation of natural features, to follow topography to the greatest extent possible consistent with subdivision regulations.

(4) Pavement. All thoroughfares within mobile home and RV parks shall be surfaced as an improved roadway to prevent potholes and blowing dust and shall provide adequate emergency access.

(5) Connectivity and network. Both ends of every thoroughfare segment in the mobile home park shall terminate at an intersection, and the thoroughfares shall form a network bounding blocks and extending in all directions. The DRC may review a variance to this requirement where the terrain or the width of the parcel to be subdivided is such that it is not practical to serve an area except by a cul-de-sac; see § 350-502C. No cul-de-sac shall exceed 600 feet or 1/2 block in length for its zone, to the center of its bulb.

(6) Pedestrian walks. There shall be a network of pedestrian walks, or pathways, connecting mobile home and RV sites with each other and with mobile home and RV park facilities and shall comply with current ADA Standards.

(7) Mobile home subdivision. A mobile home and RV park may be subdivided into fee-simple properties if those properties each individually satisfy the zoning requirements for the zone and also satisfy the development standards of the DM Zone.

(8) Drainage. All mobile home and RV sites and thoroughfares shall be designed to ensure proper drainage. The County Engineer shall approve a complete drainage plan.

§ 350-510 Home occupation permits.

[Amended 11-14-2017 by Ord. No. 294-2017]

The purpose of a home occupation permit is to allow limited commercial endeavors involving the manufacturing, purchase, sale, lease or exchange of goods, and/or the provision of services within a residential dwelling, or accessory building associated with a residential dwelling.

A. It is a violation of this code for any person or entity having legal or equitable ownership or physical custody of, or control over, a residential dwelling to operate, or to allow the operation of, a home occupation within such residential dwelling, regardless of zoning district, without first obtaining a home occupation permit in compliance with the requirements of this code. In addition to the home occupation permit itself, the applicant for such permit must obtain a business registration in compliance with the business registration fee provisions of Doña Ana County Code Chapter 154 and must comply with all other codes and ordinances, including, but not limited to, those relating to parking, landscaping, drainage, and building requirements.

B. A home occupation may be permitted in any residential dwelling, subject to the following requirements and limitations.

(1) No more than two people, in addition to the permanent occupants residing on the premises, shall be engaged, whether paid or not, in the home occupation.

C. The home occupation use of a residential dwelling or accessory building associated with the residential dwelling may not exceed 600 square feet and must be clearly incidental and subordinate to the primary residential use of the property, except for day-care or child-care services.

[Amended 12-8-2020 by Ord. No. 317-2020]

D. Any storage associated with the home occupation shall be completely enclosed within the residential dwelling and such storage shall not exceed 600 square feet in area.

E. As a result of the home occupation there must be no change in the outside appearance of the residential dwelling or the premises, except as to signage described in the subsection below, and there must be no other evidence of the conduct of a home occupation visible to the public.

F. Only one sign, one square foot in size, nonilluminated, freestanding or mounted flush against the residential dwelling, shall be permitted which refers to the home occupation.

G. No equipment, material, or process shall be used in a home occupation that creates noise, glare, vibration, dust, fumes, odor or electrical interference detectable at the property line or creates visual or audible interference with any radio, television receiver or computer on or near the premises or that exceeds that which is normally found in a residential area.

H. There shall be no hazardous, explosive, highly flammable, combustible, corrosive, radioactive or other restricted materials used or stored on the premises of a home occupation beyond the amount normally kept at a residential dwelling for residential use. The use or storage of all such materials must comply with the Doña Ana County Fire Code.

I. The utility use associated with the home occupation must comply with the public utility rules and regulations applicable to residential dwellings.

J. Home occupation parking requirements.

(1) On-street parking for customers or clients in connection with a home occupation shall be permitted only if the residential nature of the neighborhood remains unaffected.

(2) No more than two customer or client vehicles shall be parked at or near a home occupation at any one time, except for instructional service, day-care or child-care services.

(3) Semitrailer trucks, cabs and trailers with weight limitations shall not be used or stored in conjunction with a home occupation.

(4) A home occupation shall not cause the elimination of any off-street parking required by law for the occupants of the dwelling unit.

K. Home occupation permits may be approved for the following activity categories: professional office, professional service, instructional service, home artisan business, small item repair service and day-care/child-care service. Home occupation permits may be approved for automotive service per Table 5.1 in the T4 Zone.

(1) Professional office includes offices for accountants, appraisers, architects, attorneys, contractors, engineers, financial planners, insurance agents, consulting services, real estate sales and similar office uses.

(2) Professional service includes home occupations involving computer programming and internet/website development, beautician/hairdresser/barber services, direct distribution, maid services, mail order, massage therapy, ironing, pet grooming, telephone/fax answering, word processing and similar service uses. Beauticians/hairdressers/barbers and massage therapists licensed by the State of New Mexico shall be limited to one customer station per residential property for the home occupation.

(3) Instructional service includes educational tutoring, music instruction and similar instructional services. A maximum of five students may be at the dwelling at any one time.

(4) Home artisan business shall include business-related artist studios, cabinet making, dress making, engraving, furniture making, crafting, jewelry making, sewing, tailoring, writing studios, small scale pickling/canning activity and similar uses.

(5) Small item repair service includes bicycle, computer, television, vacuum cleaner, locksmith, watch, tool, shoe and similar repair services.

(6) Day-care/child-care service must be in compliance with state licensing regulations. Any day-care/child-care service home occupation involving more than six children being at the residential dwelling at the same time shall be allowed only upon approval of a special use permit (S).

L. The following activities shall be prohibited as home occupations: cannabis establishments, cannabis consumption areas, adult bookstores/video stores, adult amusement establishments, health and exercise facilities, motor vehicle repair services, tattoo/body piercing parlors, auto or truck repair, motorcycle repair, lawn mower repair, large appliance repair, internal combustion engine repair and similar activities except as permitted in T4 per Table 5.1.

[Amended 12-14-2021 by Ord. No. 324-2021]

M. An activity not specially enumerated under the activity categories listed above may be permitted by the Zoning Administrator if the applicant for a home occupation permit can establish that the proposed activity is reasonably similar in size, scope, use, and intensity as an enumerated home occupation activity.

N. Home occupation permit approval.

(1) Application. Application for a home occupation permit must be submitted to the Doña Ana County Community Development Department (CDD) on an official form developed for that purpose along with payment of the application fee. The proposed home occupation activity shall be reviewed for compliance with all applicable statutes, ordinances and regulations.

(2) Review and scope. As part of the review and approval process, the applicant for a home occupation permit shall provide a site plan, providing clients frequent the home occupation, which at a minimum shall consist of a scaled drawing showing property line dimensions, the location, dimensions and setbacks of all structures, driveway access, parking areas and proposed signage. In addition, the County may require an applicant for home occupation permit to submit additional documentation describing in detail the equipment, materials or processes to be used in connection with the home occupation and to allow inspection of the premises proposed for the home occupation in order to determine compliance with all applicable statutes, ordinances and regulations. Applications for home occupation permits that do not meet the requirements of all other applicable statutes, ordinances or regulations shall be denied.

(3) Business registration. A home occupation permit, although approved, shall not be effective until the applicant obtains a tax identification number from the State of New Mexico and a Doña Ana County business registration approved by the CDD.

(4) Renewal. The business registration associated with a home occupation permit must be renewed on an annual basis on an official form developed by the Doña Ana County Clerk's Office for that purpose. A home occupation permit need not be renewed unless there is a material change in the home occupation activity, or its location, or there is a material increase in the permitted activity's size, scope, or intensity from that originally permitted.

(5) Expiration. The home occupation permit shall remain in effect until such time as the home occupation activity is no longer in operation as originally approved, the annual business registration is not renewed or approved, or it is determined that a violation of the home occupation provisions of this code or the provisions of any other applicable statute, ordinance or regulation has occurred, and the home occupation permit or business registration is revoked.

O. Revocation of home occupation permit; enforcement.

(1) A home occupation permit may be revoked for the violation of, or noncompliance with, the provisions of this Code or any other statute, ordinance, or regulation relevant to the home occupation activity. In addition, a home occupation permit may be revoked upon one or more of the following:

(a) A nonpermitted material change in home occupation activity or a change in location or a material increase in the permitted activity's size, scope or intensity from that originally permitted.

(b) A failure by the applicant to maintain a valid business registration or other license required for the home occupation.

(c) A failure by the applicant to allow reasonable inspection of the approved premises at reasonable times for the purpose of determining compliance with the home occupation provisions of this Code.

(d) The submission of false or materially misleading information on a home occupation permit application.

(2) Any home occupation permit shall, upon revocation, become null and void, and any use of the property approved under such home occupation permit shall immediately cease.

(3) Home occupation inspections. As a condition of approval of a home occupation permit, an applicant shall be deemed to consent to reasonable inspection of the approved premises at reasonable times by County officials, including Community Development staff, law enforcement and Code Enforcement Officers for the purpose of determining compliance with the provisions of this Code.

(4) Prior to revoking a home occupation permit or taking other enforcement action for a violation of the home occupation provisions of this Code, the County shall notify the applicant listed on the home occupation permit of such violation by certified mail, to the address listed on the home occupation permit application. Enforcement action may include, but is not limited to, revocation of a home occupation permit and prosecution in Magistrate or District Court. The notification shall include:

(a) A specific description of the violation.

(b) The specific actions to be taken by the applicant that are necessary to correct the violation.

(c) A demand that the violation be corrected within a specific period of time not to exceed 30 calendar days from the date of the notice. The demand may specify a reasonable period of time less than 30 days for violations having a material adverse impact upon public health or safety.

(d) A description of further action the County may take if the violation is not corrected within the specified time period.

(e) If the violation is not corrected within the time period stated in the demand notice, the County shall send notice of the revocation of the home occupation permit by certified mail, return receipt requested, to the address provided on the home occupation permit application at least five days prior to the effective date of the revocation and the initiation of any other enforcement action, including, but not limited to, prosecution in court.

(f) Any person aggrieved by the revocation of a home occupation permit may, within 10 working days from the effective date of the revocation, appeal to the P&Z by filing with the Zoning Administrator written notice stating the nature of the appeal and the specific reasons therefor.

(g) The notice, demand and revocation procedures set forth above shall not be required when home occupation activities are being conducted without a home occupation permit in violation of this Code. Such violations may be enforced as any other violation of this Code may be enforced.

§ 350-511 Keeping of animals.

A. Purpose. The following regulations are established for the keeping of animals on residentially zoned districts: R5 and R5L, D1 and D1L, D2, D2L, T2 and T3, which are included in the classes of domestic horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae (deer and elk). This definition does not include feline or canine animals. The keeping of large animals shall be allowed on properties of 0. 75 of an acre or larger. If properties are less than 0.75 of an acre in size, a special use permit (S) is required. Youths participating in 4H or FFA sanctioned projects/programs shall be granted a 4H/FFA exemption provided they meet the requirements of § 350-511E below.

[Amended 12-8-2020 by Ord. No. 317-2020]

(1) All properties shall have a minimum of 32,670 square feet (3/4 of an acre) for the keeping of large animals.

(2) Density limitation for livestock is not applicable to young animals born on the property to existing animals and below weaning age or six months of age, whichever is greater.

(3) On properties of 3/4 acre or more, horses, mules, donkeys, swine, llamas, bovines and peacocks shall have a minimum open property area of 1,000 square feet for each animal, provided they meet the following density requirements:

(a) Properties 3/4 acre or more and no larger than one acre are allowed one large animal.

[Amended 11-14-2017 by Ord. No. 294-2017]

(b) Properties one acre or more and no larger than two acres shall not exceed a density of two large animals per acre.

[Amended 11-14-2017 by Ord. No. 294-2017]

(c) Properties larger than two acres shall not exceed a density of three large animals per acre.

(4) Mature stallions, bulls, buffalo and beefalo shall be prohibited from properties containing less than two acres. Additional large animals will require a special use permit (S). For animals not mentioned here, the density per acre limitation shall be determined by the Zoning Administrator after consultation with relevant agencies.

(5) No animal shall be kept closer than 35 feet to a dwelling on an adjacent parcel.

(6) Keeping of animals shall not be permitted in the required front, side and street-side yard setbacks.

(7) No animal dwelling unit shall be kept closer than 100 feet to a private domestic water well or 200 feet from a public water well.

[Amended 11-14-2017 by Ord. No. 294-2017]

(8) These regulations shall not apply to uses listed under the Right to Farm Act, NMSA 1978, §§ 47-9-1 to 7.

B. Keeping of large animals. The following regulations are established for the keeping of large animals:

(1) Corral size. Every corral to be provided shall have a minimum width or length of not less than 12 feet and shall contain not less than 240 square feet of area.

(2) Box stall. Every box stall to be provided shall have a minimum of 12 feet of length and width.

(3) Fencing. Fencing to be provided shall be subject to the following:

(a) Materials and construction. Fencing may be constructed of wood, chain link, masonry, metal and materials with the structural integrity sufficient to contain animals.

(b) Fence posts. Fence posts may be constructed of wood, metal, concrete or materials with the structural integrity sufficient to contain animals.

(c) Fence height. Fences to be provided for enclosure shall be maintained adequately to contain the animals.

(4) Shade. Corrals containing less than 450 square feet of area shall have at least 54 square feet of shade, provided by either roof, trees or other means.

(5) Water facilities. Running water facilities shall be made available to each stall and/or corral and each animal shall have unrestricted access to fresh water.

(6) Maintenance. All stalls and corrals shall be continuously maintained so as to maintain appearance and prevent deterioration and animal escape.

(7) Containment devices. Substantial and acceptable locking or latching devices shall be provided and installed on all gates and doors to animal areas located thereon in such a manner so as to be inaccessible to animals and small children. This will prevent unauthorized entry and animal escape.

(8) Dust control. All areas used as arenas for exercising, training or exhibition of animals shall be maintained to abate dust by dampening (spraying water) or other proven effective means for the prevention of detrimental and nuisance effects of dust emission to surrounding properties.

(9) Compliance with health regulations. The keeping and maintenance of large animals, as provided for in this section, shall comply with all regulations and provisions of the Health and Sanitation Laws of the State Environmental, Health and Livestock Departments and the County. All premises and facilities shall be maintained in a clean, orderly and sanitary condition at all times.

C. Keeping of small animals. The following regulations are established for the keeping of small animals such as goats, sheep, miniature horses and the like and very small animals such as rabbits, poultry and fowl in residential zoning districts with properties greater than 0.50 acres in size. If properties are less than 0.50 acres in size, a special use permit (S) is required. For animals not listed here, the density per acre limitations shall be determined by the Zoning Administrator after consultation with relevant agencies.

(1) The following are the minimum areas required and the maximum density of very small and small animals allowed on a single property. These numbers are cumulative, not exclusive.

[Amended 11-14-2017 by Ord. No. 294-2017]

(a) Very small animals. Minimum area of open property area (not including front and side setbacks or dwelling unit) shall be six square feet for each very small animal, providing that the total number of animals does not exceed the number calculated by this formula:

[1] Multiply the size of the property or parcel, expressed numerically in acres carried to two decimal places, by a factor of 80 [for example: 2.5 acres * 80 = 200 very small animals].

(b) Small animals. Minimum area of open property area (not including front and side setbacks or dwelling unit) shall be 100 square feet for each small animal, providing that the total number of animals does not exceed the number calculated by this formula:

[1] Multiply the size of the property or parcel, expressed numerically in acres carried to two decimal places, by a factor of eight [for example: 0.65 acres * 8 = 5.2, or 5 small animals].

(2) No animal shall be kept closer than 35 feet to a dwelling on an adjacent parcel.

(3) Keeping of animals shall not be permitted in the required front, side and street-side yard setbacks.

(4) All small animals shall be provided with adequate enclosures to contain them within the boundaries of the owner's property.

(5) No animal dwelling until shall be kept closer than 100 feet to a private water well or 200 feet from a public water well.

(6) All premises and facilities shall be treated as needed biologically in a clean, orderly and sanitary condition at all times.

[Amended 11-14-2017 by Ord. No. 294-2017]

(7) The keeping and maintenance of small animals, as provided for in this section, shall comply with all regulations and provisions of the health and sanitation laws of the State Environmental, Health and Livestock Departments and the County.

D. Keeping of small animals in higher residential density districts. In the D3 and DM residential districts, only small domestic animals, such as dogs, cats or birds may be kept per county ordinances.

E. Requirements for 4H and FFA projects/programs. When the youth are involved in a sanctioned 4H or FFA project/program and the animals are housed on the property on a temporary basis, they shall maintain proof of their involvement along with a beginning and ending date of each project/program.

(1) Exemptions.

(a) Youths who actively participate in 4H or FFA, shall not be required to obtain a special use permit (S) so long as the parcel is at least 0.75 acres in size for large animals and 0.50 acres for small animals. Youths shall be exempt also from the open property area and density [§ 350-511A(3)], corral size [§ 350-511B(1)] and box stall size [§ 350-511B(2)] requirements of this article.

(b) All other zoning districts not listed or properties with a parcel size of less than 3/4 acre shall be required to obtain a special use permit (S).

F. Nothing in this section shall be construed to allow the violation of any other code, ordinance or statute.

§ 350-512 Airport District.

A. Purpose. The purpose of the Airport District is to protect the operations of airports within Doña Ana County from encroachment of land uses that could inhibit or restrict present airport operations or negatively affect the future growth of the airports. Since the boundaries associated with this district are dependent upon the physical boundaries of specific airport features, the boundaries shall change as necessary with respect to any changes in these features.

B. The airport boundaries, uses, and restrictions for development within the 2.5-mile area of disclosure shall adhere to all applicable restrictions outlined in the Federal Regulations Title 14 Part 77 (Height Restrictions) and Part 150 (Noise and Land Use Compatibility).

(1) All subdivisions within the 2.5-mile area of disclosure shall require disclosure of the land's proximity to an operational airport by any person or entity subdividing land within this 2.5-mile area. Disclosure of this information shall be required in the following documents.

(a) Filed plat and disclosure statement. Shall include minimum required language and a detailed graphic indicating location of subject property and airport with the following minimum criteria: drawn on paper of 8.5 inches by 11 inches, North arrow, location of airport runways, location of proposed subdivision, location of 2.5-mile area of disclosure, and approximate distance from the end of closest runway to closest point of the proposed subdivision. As shown in the manner set forth in Appendix Z.[1]

[1] Editor's Note: Said Appendix is included Art. VIII, Appendices, of this chapter.

(b) Aviation easement. The developer/owner of a subdivision within the 2.5-mile area of disclosure shall grant an aviation easement covering portions of said subdivision that are within the 2.5-mile area of disclosure, that easement to grant to all persons lawfully using the Las Cruces International Airport the right and easement to use the airspace above the 2.5-mile area of disclosure for the operation of aircraft for aviation purposes, and to create noise normally associated with the routine operation of aircraft. The grant of easement shall limit the exercise by the grantees of such rights to be only in the manner consistent with safe and proper flying procedures promulgated by agencies of the United States government and the State of New Mexico, specifically consistent with applicable federal aviation regulations. The aviation easement shall be created and filed of record prior to the recordation of the subdivision plat. Each aviation easement shall be signed by the grantor(s). Reference to the aviation easement shall be included in the following:

[1] Disclosure statement.

[2] Final plat notes indicating existence of aviation easement.

C. Any land within the Airport Zone of the Doña Ana County Jetport shall conform to Chapter 125, Airport.

D. Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to zero feet.

§ 350-513 Wireless communications facilities.

A. Purpose. The purpose of this section is to encourage consistent and safe wireless communication infrastructure and accommodate reasonable and reliable access to communications facilities and networks, consistent with Plan 204. This section ensures the placement, construction or modification of wireless facilities complies with all applicable federal laws, including without limitation, Section 6409 of the Federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a) ("Section 6409"). This section applies to all new communications facilities or new appurtenances to existing facilities except facilities utilized for law enforcement, fire, ambulance and other emergency dispatch functions.

B. Approvals required for wireless facilities and wireless support structures. Wireless communications facilities (WCF) and wireless support structures (WSS) are permitted in locations depicted in the land use classification matrices in Table 3.5 and Table 5.1. The following sections outline the classification criteria, specific exemptions, types of zoning approvals, and permitting required for WCF.

C. Classification criteria. New WCF, WSS, and modifications to existing, permitted wireless facilities are classified as follows:

(1) New WCF and WSS. Any new WCF or WSS intended for use that is separate from existing WCF, requires review, zoning approval, and permitting;

(2) Existing WCF and WSS. The expansion of any existing WCF or WSS is classified into minor and substantial modifications. All modifications listed below require permitting.

(a) Types of minor modifications:

[1] Increases the existing vertical height of the tower by 10% or 20 feet, whichever is less;

[2] Increases the existing vertical height of the support structures 10% or 10 feet, whichever is less;

[3] New item on tower that would extend horizontally by less than 20 feet or width of tower at elevation of change;

[4] Structure or new item extends horizontally less than six feet from existing structure;

[5] Does not exceed four new cabinets;

[6] Does not require any excavation or deployment outside of the current of the leased/owned site and any access/utility easements;

[7] Does not increase the diameter of the structure, pole, utility pole by 30%; or

[8] Does not comply with conditions in any prior approval, other than those related to height, width, number of cabinets, or new excavations, unless those changes would exceed any of the limits set forth in the items in Subsection C(2)(a)[1] through [7] above.

(b) Types of substantial modifications:

[1] Increases the existing vertical height of the tower by more than the greater of 10% or 20 feet;

[2] Increases the existing vertical height of the support structures by more than the greater of 10% or 10 feet;

[3] New item on tower would extend horizontally by greater than 20 feet or width of tower at elevation of change;

[4] Structure of new item extends horizontally more than six feet from existing structure;

[5] Exceeds four new cabinets;

[6] Any excavation or deployment outside of the current leased/owned site and any access/utility easements;

[7] Defeats any required concealment elements previously approved; or

[8] Increases the diameter of the structure, pole, and utility pole by more than 30%.

D. Exemptions from zoning approval. The following WCF or modifications to legally permitted existing facilities are exempt from formal zoning approval; however, zoning and development standards are still applicable and all other state, federal and local permits must be secured:

(1) Removal or replacement of transmission equipment on an approved existing wireless tower or base station that does not result in a substantial modification; Section 6409 exemption shall be documented on building permit;

(2) Ordinary maintenance of existing WCF and WSS;

(3) Co-location on approved and existing wireless towers and facilities, if the increase does not create a substantial modification; such Section 6409 exemption shall be documented on building permit;

(4) New or substantially modified WCF located in the C2, C3, I1, I2 and I3 Zoning Districts;

(5) WCF located within County-owned rights-of-way and property, and approved in compliance with state laws and by the Board of County Commissioners (BOCC);

(6) Carrier on wheels or cell on wheels (COW) placed at any location for temporary purposes as part of a declaration of an emergency or a disaster by the Governor or the BOCC; and

(7) Personal (private) freestanding or guyed towers for amateur radio communication specifically for the sole use of a licensed amateur radio operator as a personal, noncommercial antenna. Height limits, setbacks and other applicable standards addressed this chapter shall be adhered to.

E. Administrative approval of a special use permit. The following types of applications are subject to administrative approval of a special use permit as provided in § 350-204 and § 350-513C(1) of this article.

(1) Existing wireless facilities.

(a) Co-locations. Commercial C1 Zone only and which would result in a substantial modification to the existing tower and/or facility.

(b) Substantial modifications to existing towers and facilities in the Commercial C1 Zoning District.

(2) New wireless facilities.

(a) Wireless facilities that are 75 feet or less in height in the C1 Commercial District.

(b) COW, in any commercial or industrial zone, if the use of the COW is either not in response to a declaration of an emergency or disaster by the Governor;

(c) Monopoles or replacement poles located on public property or rights-of-way, in any commercial or industrial zoning district.

F. Zoning approval: special use permit. The following types of applications shall follow § 350-204, Special use permit, and § 350-513C(1), and are not eligible for administrative approval:

(1) Existing wireless facilities.

(a) Co-location located in residential zones resulting in a substantial modification of the existing facility.

(2) New towers and/or WCF in any residential zones.

(a) New WSS, concealed only, that are 75 feet or less in height, in any residential zone;

(b) COW, in any residential zone, if the use of the COW is not in response to a declaration of an emergency or disaster by the Governor or the BOCC;

(c) New WCF in any historic district inventoried at the local, state or federal level; and

(d) New wireless facilities, regardless of zone, if it is to be located in any significant view shed or scenic byway.

G. Review and approval process.

(1) Content of application packages. Each application package shall contain the following:

(a) Copy of lease or letter of authorization from property owner providing applicant's authority to pursue application.

(b) Supporting documentation from a professional engineer licensed in the State of New Mexico calculating the fall zone and certifying that the WSS has sufficient structural integrity to accommodate the required number of additional users as provided in this section.

(c) Written verification from a professional engineer licensed in the State of New Mexico certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas, for co-locations and substantial modifications.

(d) An existing coverage map and accompanying technical data, signal strength measurements, etc., that justifies the need for the location of a new WCF.

(e) Documentation showing the locations of other sites considered and the reasoning supporting the site selection.

(f) A detailed site plan depicting all proposed improvements, per § 350-208B including property lines or property boundaries, setbacks, all applicable easements, topography, overhead and underground utilities, dimensions of improvements and structures and the fall zone. Zoning standards of this article and Article VI, Development Construction Standards shall apply.

(g) Scaled drawings and written description of the proposed WSS or WCF, including structure height, width, elevations, ground and structure design and proposed construction and concealment materials.

(h) Number and placement of proposed antennas and their height above ground level.

(i) Line-of-sight diagram or photo simulation from a distance of the area of notification, the nearest neighboring residences, and adjacent public rights of way showing the proposed WSS and any additional components set against the skyline, significant view sheds, and viewed from at least the four cardinal directions.

(j) A statement that the proposed WSS will be made available for co-location to other service providers at commercially reasonable rates, provided space is available and consistent with this chapter.

(k) Upon application, the applicant must state in writing why their application is intended to be processed as a Section 6409 permit.

(2) Fees. The total fees are established by resolution approved by the BOCC.

(3) Procedure and timing.

(a) Applications for special use permits shall follow the process as described in Article II.

(b) Building permit. The applicant shall obtain a building permit following approval of the special use permit application, if applicable, but before commencement of any site work or construction.

(c) For co-location permits that involve minor modifications, decisions to approve, approve with conditions or to deny shall occur within 60 days from the receipt of a complete application. This permit is intended to adhere to the federal requirement found in Section 6409 of the Federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a).

(d) For co-location permits that involve substantial changes or modification, decisions to approve, approve with conditions or to deny shall occur as a written decision within 90 days from the receipt of a complete application.

(e) For new wireless telecommunications facilities, decisions to approve, approve with conditions or to deny shall occur as a written decision within 150 days from the receipt of a complete application.

H. General standards and design requirements. The following are general standards and design requirements for WCF including location, siting, co-location, concealment, design standards, setback, height limitation, accessory buildings, landscaping, buffering and fencing.

(1) General standards.

(a) WSS shall be subject to the following:

[1] Engineered and constructed to accommodate a minimum number of co-locations based upon their height:

[a] Support structures 60 to 100 feet shall support at least two telecommunications providers;

[b] Support structures greater than 100 feet but less than 150 feet shall support at least three telecommunications providers; and

[c] Support structures 150 feet or greater in height shall support at least four telecommunications carriers.

(b) Concealed WCF shall be designed to accommodate the co-location of other antennas whenever economically and technically feasible. Antennas shall be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

(c) Upon request of the applicant, the P&Z or BOCC may consider a variance to the requirement of concealment or that new WSS accommodate the co-location of other service providers if it finds that co-location at the site is not essential to the public interest or that the construction of a modified support structure will promote community compatibility.

(d) A monopole or replacement pole shall be permitted within County-owned rights-of-way and property, approved in compliance with state laws and by the BOCC and in accordance with the following requirements:

[1] The right-of-way shall be a minimum of 100 feet in width.

[2] The right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.

[3] The height of the monopole or replacement pole may not exceed by more than 20 feet the height of existing utility support structures.

[4] Monopoles and the accessory equipment shall be set back a minimum of 15 feet from all boundaries of the right-of-way or property line, 110% of height, if adjacent to a resident zone.

[5] Single-carrier monopoles may be used within rights-of-way due to the height restriction imposed by § 350-513H(5) below.

(e) All WCFs shall comply with the Noise Ordinance of the County Code.[1] Emergency backup generators in use only during times of power outages and testing/maintenance shall comply with those standards where technical, practical and financial considerations permit.

[1] Editor's Note: See Ch. 261, Noise.

(f) Outdoor lighting of WCFs shall be limited to motion-sensing lights; such lights as are needed while a site is manned, and any lights needed to comply with other rules, ordinances or laws.

(2) Design standards. WCF shall be contextually integrated with built and natural environments including the following requirements:

(a) Site location and development shall preserve the existing character of the surrounding community, buildings, land uses and zoning district. Facilities shall be integrated through location and design to blend in with existing characteristics of the site.

(b) Grading and drainage requirements shall remain consistent with Article VI requirements. WCF shall not increase erosion to the subject property or alter existing watercourses.

(c) Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized.

(d) WSS shall adhere to the height limits set forth in this section from the base of the structure to the top of the highest point, including appurtenances.

(e) Paint and texture techniques shall match the existing structure, or if ground-mounted, such design shall be integrated with the surrounding landscape. Where feasible, wireless components can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

(f) All disturbed areas shall be revegetated and/or stabilized as necessary to control erosion and dust.

(g) All power source lines and communication lines to the proposed facility shall be underground.

(3) Setbacks.

(a) Unless otherwise stated herein, each WSS shall be set back from all property lines a minimum distance equal to 110% of its proposed height.

(b) Personal noncommercial, amateur radio communication antenna: No antenna shall be placed in a required setback for the zone and shall not be located closer to the front of the lot than the primary structure. These antennas are not to be considered as a primary use in a residential zone, but rather an accessory use.

(4) Concealment.

(a) All proposed WCF, excluding co-locations and alterations that do not result in a substantial modification shall use concealed technology and shall be:

[1] The least visually and physically intrusive as possible and have the least adverse visual effect on the environment and its character, existing vegetation and on the residences in the area of the WCF;

[2] Aesthetically integrated with existing buildings, structures and landscaping to blend in with the nature and character of the built and natural environment and take into consideration height, color, style, massing, placement, design and shape;

[3] Located to avoid a dominant silhouette of a wireless telecommunications facility on escarpments and mesas and to preserve designated view sheds and scenic byways as inventoried at the local, state or federal level; and

[4] To the extent feasible without impacting functionality, located in areas where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening, and siting so as to not stand out of the landscape as a wireless telecommunications facility.

(b) Consistent with federal law, these concealment requirements shall not be administered so as to have the effect of prohibiting the provision of WCF.

(5) Height limitations.

(a) Any residential or C1 Commercial Zoning: WCF shall be concealed and limited to 75 feet in height.

(b) C2 or C3 Commercial Zoning: Nonconcealed WCF shall not exceed 75 feet in height.

(c) C2 or C3 Commercial Zoning: Concealed WCF shall not exceed 85 feet in height.

(d) I1, I2 or I3 Industrial Zoning: WCF shall not exceed 200 feet in height.

(e) Personal noncommercial, amateur radio communication antenna: The highest point of any antenna shall not exceed 150% of the structural height limit set for the zone in which the antenna is to be placed.

(f) Variances: The P&Z or BOCC shall have the authority to vary the foregoing height or concealment restriction upon a variance application, per the requirements of Article II. The applicant shall submit any technical information or other justifications necessary to document the need for the additional height or nonconcealment.

(6) Safety requirements.

(a) WCF or WSS shall only be lighted or marked as required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(b) Signs located at the WCF shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited. If the WCF is located on subject property with other land uses, this requirement is not intended to conflict with the allowable signage for the overall property.

(7) Accessory equipment.

(a) Accessory equipment including buildings, cabinets or shelters shall be used only to house equipment and other supplies in support of the operation of the WCF or WSS. Any equipment not used in direct support of such operation shall not be stored on the subject property.

(8) Landscaping, buffering, and fencing.

(a) Trees or other landscaping vegetation shall be used to screen site/fence from public roads and residential areas if required by the Zoning Administrator.

(b) Buffer must comply with requirements provided in § 350-507 of this article.

(c) Ground-mounted accessory equipment and WSS shall be secured and enclosed with an opaque fence not less than eight feet in height.

(d) The Zoning Administrator, P&Z or BOCC may waive or modify the above fencing requirement if it is deemed that a fence is not appropriate or needed at the proposed location due to constraints from terrain or other natural or practical condition on the site. The intent shall be to secure the site and screen the base equipment from public view.

(9) Location/siting.

(a) Recommended locations include areas:

[1] Architecturally integrated WCFs, where feasible.

[2] Ground-mounted antenna arrays on hillsides.

[3] Positioned to provide maximum utility to users and carriers.

(b) Non-recommended locations include areas:

[1] With significant view sheds or scenic byways which are inventoried at the local, state or federal level.

[2] Identified as having archeological, historical and/or cultural significance as noted in Plan 2040.

[3] Located in existing historic communities or proposed community types unless integrated into architectural features.

I. Miscellaneous provisions.

(1) Abandonment and removal. If a WSS is abandoned and remains abandoned for a period in excess of 12 consecutive months, Doña Ana County may require that such WSS be removed by providing written notice to the owner of the WSS to take such action(s) as may be necessary to reclaim the WSS. If within 60 days of receipt of said written notice, the owner of the WSS fails to reclaim the WSS, the owner of the WSS shall be required to remove the same within six months thereafter. Doña Ana County shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

(2) Multiple uses on a single parcel or lot. WCF and WSS may be located on a parcel containing another principal use on the same site or may be the principal use itself, providing the standards of this chapter are met.

J. WCF and WSS existing on the effective date of this chapter.

(1) Nonconforming uses. WCF and WSS that were legally permitted on or before the date this chapter was enacted shall be considered a permitted and lawful use.

(2) Activities at nonconforming WCF. Notwithstanding any provision of this chapter:

(a) Ordinary maintenance may be performed on a nonconfirming WCF or WSS.

(b) Co-location of WCF on an existing nonconforming WSS shall not be construed as an expansion, enlargement or increase in intensity of a nonconforming structure or use and shall be exempt from the zoning process provided that the co-location does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing nonconformity.

(c) Substantial modifications may be made to nonconforming WSS by following the special use permit process defined in this chapter.

K. For definitions specific to WCF and WSS, see Article VII, Glossary of Terms.