A. 
Height. Solid or open fences or hedges shall not exceed six feet in height, with the exception of:
(1) 
Front yard. Fences shall only be allowed in front yards, provided they meet the requirements set forth in Subsection C(1) below on sight obstruction.
(2) 
Side and rear yards on corner lots. Solid fences, open fences or hedges not exceeding eight feet in height are permitted in any district in the required side yard area and within a projection of the same width through the rear yard to the rear property line in those side and rear yard areas adjacent to a street. These limitations are subject to the additional requirements of Subsection C of this section.
(3) 
Commercial and industrial districts. Fences or walls not exceeding eight feet in height are permitted in any of the commercial and industrial districts, but not within the required front yards.
(4) 
Double-frontage lots. Fences, hedges or walls on double-frontage lots are limited in § 602.
B. 
Gates. Gates shall not be constructed so as to obstruct the public right-of-way or to obstruct the view of vehicular or pedestrian traffic as set forth in Subsection C of this section. Gates shall not exceed 10 feet in height. In the R-1 and R-2 Zoning Districts structural support members of any gate shall not exceed 20 feet in height in any yard. The structural support of any gate not exceeding 20 feet in height in the R-1 District is permitted with the appropriate Building Permit.
C. 
Sight obstruction.
(1) 
It shall be the sole duty and responsibility of the owner or occupant of any corner lot to ensure that unobstructed vision for traffic safety is maintained such that there shall be located no structure, fence, wall, hedge, natural growth, sign or other object which materially impairs vision within an area bounded by the lot lines and a line joining points along each lot line 30 feet from their point of intersection with each other and the extension of the line into the unpaved area of the adjacent right-of-way, between a height of three feet and 10 feet above the center-line grade of the intersecting streets, except as provided for in Subsection C(3) of this section.
(2) 
Whenever any owner or occupant suffers or permits the existence of a sight obstruction, the Planning Director, upon complaint or his own initiative, shall give notice, in writing, to the owner or occupant of the existence of the sight obstruction and of the owner's responsibility, within 30 days of receipt of such notice, to remove the sight obstruction or to show cause, in writing, to the Planning Director why such obstruction should not be removed. Such notice shall be served to the property owner or occupant either personally or by certified mail. The owner's or occupant's failure to remove the sight obstruction or to show cause within the time specified shall be deemed to be:
(a) 
An admission of the existence of the sight obstruction; and
(b) 
A consent for the City of Española to enter the property and remove the sight obstruction. In so entering, the City of Española may, in its discretion, use its own personnel or may contract with third parties for the removal of the sight obstruction. All removal costs shall be charged to the property owner; the full amount shall be payable by the property owner and shall constitute a lien in favor of the City of Española against such property.
(3) 
The requirements of Subsection C(1) and (2) of this section shall not apply to:
(a) 
Legal nonconforming structures;
(b) 
Public utility poles;
(c) 
Vegetation, so long as it is not planted in the form of a hedge (a hedge up to three feet is permitted) and is trimmed to the trunk to a height of at least 10 feet above the center-line grade of the intersecting streets;
(d) 
Official traffic control signs and signals; and
(e) 
Existing ground contours penetrating above the three-foot height limitation.
(4) 
The requirements of Subsection C(1) through (3) of this section are declared to be the minimum and in no way prohibit the City of Española from applying more restrictive height and location standards where such action is warranted in consideration of the health, safety, and general welfare of the community.
(5) 
Any structure, fence, wall, hedge, natural growth, tree, sign or other object erected, placed or allowed to remain in place which does not comply with the requirements of Subsection C(1) through (4) of this section is a sight obstruction.
D. 
Grade level differences. Where there is a difference in grade level between two properties, the permitted height of any fence within five feet of the common lot line shall be computed from the average grade level within that ten-foot distance, but in no case shall the fence height be limited to less than 42 inches.
E. 
Barbed wire prohibited; exceptions. Barbed wire fences are prohibited, except for ranching and agricultural uses as follows:
(1) 
In the R-1 District, in the rear yard but not on lot lines, abutting equestrian trails, public rights-of-way or City-owned lands.
(2) 
In all zoning districts where needed for security or safety purposes, barbed wire may be added to fences above six feet subject to Planning Director approval. Barbed-wire fences are not permitted on residential lots except as allowed for lots in the R-1 District.
F. 
Finished side of fences. The finished side of the fence shall front or face the right-of-way or adjacent property.
G. 
Permit required for fences and walls. A fence/wall permit is required prior to commencing construction of any fence or wall as required by the provisions of § 201.
A. 
Corner lots in residential districts.
(1) 
On a corner lot in a residential district, the owner has a choice of which yard is the front yard and to construct the dwelling unit accordingly, unless the front yard is designated on the recorded plat of the subdivision.
(2) 
The elected or designated front yard shall conform to the site development requirements for the district. The other yard abutting a street is a side yard and shall have a minimum setback of 15 feet.
B. 
Double-frontage or through lots. On double-frontage lots, one yard shall be designated as the front yard, and the other yard abutting a street shall be the rear yard, but shall be subject to all site development requirements of a front yard of the district. Fences and hedges in the required rear (second front) yard are subject to the height limitations of a rear yard as defined in Subsection A(1) of § 601, except that when the rear yard faces or is adjacent to the front yard of a neighboring lot, the height limitations and setback requirements of a front yard shall be imposed as defined in this article.
C. 
Lots in commercial or industrial districts abutting residential properties. Any lot in commercial or industrial districts which abuts a residential district must have a minimum side or rear yard setback equal to the required minimum side or rear yard setback of the adjoining residentially zoned lot.
D. 
Projections into required setbacks.
(1) 
Eaves, cornices, sills, chimneys, awnings and other nonstructural features may project no more than two feet into any required setbacks.
(2) 
Fire escapes and fire-resistive outside stairways may project into any required rear or side yard as permitted by the latest version of the New Mexico Building Code and/or Uniform Building Code.
(3) 
A roofed breezeway connecting a main structure and accessory structures may project into the required rear setback in any residential district if the breezeway is a minimum of five feet from all lot lines and open on all sides except for the supporting posts.
(4) 
Covered patios, porches or decks attached to the main structures may extend to a maximum of 40% of the distance into the required rear setback; provided, however, that the space under the cover is open on at least three sides. The covers may not extend into the required front or side setbacks, except in the R-1 through R-4 Districts, where a covered, one-story porch, open on three sides, may encroach not more than five feet into the required front setback. In both cases, the eave of the patio or porch cover may project an additional two feet into the required setback.
(5) 
Uncovered porches or decks may extend 40% of the distance into a required rear setback but may not extend any distance into a required side or front setback. Uncovered walkways, driveways, steps, patios or courtyards may extend any distance into any required yard.
(6) 
Open balconies or bay windows may project five feet into any required rear setback and two feet into the required front yard.
(7) 
A carport, consisting of a roof that has no walls, or wholly or partially enclosed walls, except those that are part of the main structure to which it is attached, shall project no more than 40% of the distance into the required front yard setback.
E. 
Use of required setbacks. Except as provided elsewhere in this chapter, every required setback shall be open, unobstructed and free of ruins, wreckage, rubbish and debris. No setback provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a setback for any other building or site.
A. 
Chimneys, television and radio masts and antennas (whether receiving, transmitting, or both, and related to amateur use only), except satellite dish antennas, are exempt from the structural height limitations of this chapter.
B. 
Churches, hospitals, institutions and schools, when permitted in any residential district, may exceed the structural height permitted in the district; provided, however, that any part of the building or structure exceeding the height limit is set back from adjoining lot lines at least the distance of the required yard plus one foot for each foot of additional building or structural height above the district requirements.
A. 
No public or private swimming pool may be located in any required front yard.
B. 
Public or private swimming pools may be located in any rear yard, but no pool may be located within 10 feet of any lot line. However, the location of the pool coping, walks or apron is not restricted by this ten-foot setback requirement. A structure designed to enclose a pool shall meet the applicable accessory or main structure setback, height and coverage requirements.
C. 
Every outdoor swimming pool, or the yard in which it is located, must be completely surrounded by a fence not less than six feet in height, and all fence gates or doors opening to the pool must be equipped with at least a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use.
D. 
No private swimming pool shall be operated as a business or as a private club, unless in accordance with other provisions of this Code.
A. 
All outdoor lighting fixtures shall be designed to comply with the design guidelines.
B. 
Neither the direct nor reflected light may create a hazard to operators of motor vehicles.
C. 
No lights that resemble traffic control devices may be used.
D. 
No beacon lights or blinking, flashing or fluttering or other illuminating devices which have a changing light intensity, brightness or red, blue or orange color may be used or displayed in any district, except holiday decorations.
E. 
Recognizing that outdoor lighting is an important component of the nighttime ambiance of the community and acknowledging that the night skies are a valuable natural resource which should be protected, the community lighting goals shall be to keep outdoor lighting to a safe minimum and to eliminate or reduce, to the maximum extent feasible, light pollution and light trespass. All lighting shall maintain a color temperature of less than 4000 Kelvins to avoid the harshness of "white" light associated with higher color temperatures. All new commercial establishments shall ensure their lighting is on an electronic timer that must be set to turn off a minimum of 33% of the fixtures or dim all lights by 33% during the evening hours (11:00 p.m. to 6:00 a.m.) unless the business is open during those hours or is a twenty-four-hour business.
F. 
Commercial outdoor lighting, private outdoor lighting which is part of a designated private utility improvement and public outdoor lighting, including but not limited to roadway, parking lot, walkway, bikeway, park, and outdoor sports lighting, are subject to the conditions required by the local electric provider.
[Amended 12-14-2021 by Ord. No. 2021-10]
All home occupations and home businesses are required to obtain a business license from the City Clerk's office. For new businesses, the City Clerk requires submission of a "site development permit" (also known as a "land use/site development permit") as obtained from the Planning and Land Use Department. Depending on the type of business being conducted, the Planning Director has the discretion to waive this requirement, for example, in the case of a strictly home-office-based business. Commercial cannabis activities including production, manufacture, and retail are not allowed for home occupations and home businesses. No property in a residential district shall be used for a home occupation or home business unless the home occupation or home business meets the following standards and conditions:
A. 
In the R-1 District:
(1) 
Not more than 25% of the area of the main dwelling may be used for home occupations. There is no limitation to the area of the lot or accessory buildings that may be used for agricultural, horticultural or animal husbandry home occupations; the total area used in other home occupations shall not exceed 25% of the area of all buildings on the lot. Any area of the main dwelling used in the home occupation shall be included in determining the total area so used.
(2) 
Retail sales on the premises shall be permitted, but shall be restricted to not more than 10% of the dwelling unit floor area for storage and display of goods to be sold.
(3) 
No more than one person outside the family shall be employed in a home occupation on the lot.
(4) 
There shall be no visible exterior display or storage of materials used in the home occupation or business, except that materials used in agricultural, horticultural and animal husbandry occupations may be stored outside of a building or in such a way as to be visible from off the lot. Other than the exception in this Subsection A(4), there shall be no exterior indication of the home occupation or variation from the residential character of the main building or lot, except that a two-square-foot sign designating the permitted home occupation may be located on the lot. Also see Article IX for sign requirements.
(5) 
There shall be no noise, vibrations, smoke, dust, odor, heat or glare detectable beyond the boundaries of the lot on which the home occupation is located, so as to constitute a nuisance.
(6) 
The home occupation or business shall not create hazardous waste, or create pedestrian, automobile or truck traffic, or parking congestion significantly in excess of the normal amount found in a residential district.
(7) 
No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the electrical line voltages off the premises.
(8) 
The use shall not involve the use of signs or structures other than those permitted in the district.
(9) 
The use must be clearly incidental and secondary to the primary use of the lot.
(10) 
The use is the same as or similar to, but not restricted to, the following:
(a) 
Art, craft or technical work.
(b) 
Assembly and mechanical repair, including instruments, timepieces, sporting equipment and household appliances where articles are hand portable.
(c) 
Repair of electric motors less than five horsepower in rated capacity, and repairs of mechanical and electrical components of automobiles which have been removed from the vehicle and brought to the premises.
(d) 
Office for the conduct of a profession, trade or service.
(e) 
Sewing and alteration of garments and home furnishings.
(f) 
Music lessons, dance lessons and tutoring.
(g) 
Conduct of a business related to a sport or hobby.
(h) 
Food cooperative.
(i) 
Testing, tune-up and repair of internal combustion engines less than or equal to 10 horsepower, subject to Subsection A(6) of this section.
(j) 
Agricultural, horticultural and animal husbandry.
(11) 
The following uses are not allowed:
(a) 
Contractor's yard.
(b) 
Salvage yard or junkyard.
(c) 
Automobile repair or body and paint shop.
(d) 
Commercial Cannabis Activities. No Commercial Cannabis Activity as defined by § 26-2C-2 of NMSA 1978 (the Cannabis Regulation Act) nor as defined by § 108 of the City Code shall be allowed.
B. 
In all other residential districts:
(1) 
The home occupation or business shall be carried on within the main building, an enclosed garage or other accessory building, or any combination of these.
(2) 
An area no larger than 25% of the combined dwelling unit area and areas of all accessory buildings may be used for home occupations, but not more than 25% of the area of the main dwelling may be so used. In the remaining districts, an area no larger than 25% of the dwelling unit area may be used for home occupations, without regard as to how the area is apportioned between the dwelling unit and any accessory buildings.
(3) 
Retail sales on the premises shall be permitted, but not more than 10% of the floor area of the dwelling unit shall be used for storage and display of goods to be sold.
(4) 
No more than one person outside the family shall be employed in a home occupation on the premises.
(5) 
There shall be no visible exterior display or storage of materials used in the home occupation or business, and no other exterior indication of the home occupation or variation from the residential character of the main building or lot, except that an unlighted, two-square-foot sign designating the permitted home occupation may be located on the lot. Also see Article IX for sign requirements.
(6) 
There shall be no noise, vibration, smoke, dust, odor, heat or glare detectable beyond the boundaries of the lot on which the home occupation is located, so as to constitute a nuisance.
(7) 
The home occupation or business shall not create hazardous waste, or create pedestrian, automobile or truck traffic, or parking congestion significantly in excess of the normal amount found in the district.
(8) 
No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in electrical line voltages off the premises.
(9) 
The use shall not involve the use of signs or structures other than those permitted in the district.
(10) 
Such use must be clearly incidental and secondary to the primary use of the lot.
(11) 
The use is the same as or similar to, but not limited to, the following:
(a) 
Art, craft or technical work.
(b) 
Assembly or mechanical repair, including instruments, timepieces, sporting equipment and household appliances where articles are hand portable.
(c) 
Repair of electric motors less than five horsepower in rated capacity, and repairs of mechanical and electrical components of automobiles which have been removed from the vehicle and brought to the premises.
(d) 
Office for the conduct of a profession, trade or service.
(e) 
Sewing and alteration of garments and home furnishings.
(f) 
Music lessons, dance lessons and tutoring.
(g) 
Conduct of a business related to a sport or hobby.
(h) 
Testing, tune-up and minor repair of internal combustion engines less than or equal to 10 horsepower, subject to Subsection B(6) of this section.
(12) 
The following uses are not allowed:
(a) 
Contractor's yard.
(b) 
Salvage yard or junkyard.
(c) 
Automobile repair or body and paint shop.
(d) 
Commercial Cannabis Activities. No Commercial Cannabis Activity as defined by § 26-2C-2 of NMSA 1978 (the Cannabis Regulation Act) nor as defined by § 108 of the City Code shall be allowed.
The following regulations govern operation of the temporary, transitory or seasonal uses listed in Subsection B of this section:
A. 
Applications. Application for a temporary use permit shall be made to the Planning Director or Planning Commission as set forth in § 302.
B. 
Uses. The following temporary uses are subject to the following specific regulations as well as to the regulations of the zoning district in which the use is located:
(1) 
Carnival or circus. A temporary use permit may be issued for a carnival or circus for a period not longer than 15 days in any six-month period at the same site.
(2) 
Holiday tree sales.
(a) 
In any commercial district, lot sales of holiday trees are permitted for a period of not longer than 45 days, expiring December 30 of each year.
(b) 
In any other zoning district, lot sales of holiday trees are permitted for a period of not longer than 45 days, expiring December 30 of each year. The City Manager shall designate those municipal lands where lot sales of Christmas trees are to be permitted.
(3) 
Contractor's office, equipment sheds and security fencing. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment shed or manufactured housing incidental to a construction project. Such permit shall expire one year after the date of issuance or upon the issuance of a certificate of occupancy, temporary or final, whichever occurs first. As part of the temporary use permit for a contractor's temporary office, security fences not exceeding eight feet in height may be erected on the construction site, with the location and material of the fence to be approved by the Planning Director as part of the temporary use permit for the contractor's office and/or equipment shed. Barbed wire may be utilized for added security, but only at the top of the fence above six feet. Such fences shall be removed on or before the expiration of the temporary use permit.
(4) 
Caretaker's unit. In conjunction with the temporary use provisions of Subsection B(3) of this section, a temporary use permit may be requested for and issued for a caretaker's unit. Also see § 108, Definitions; rules of construction, for family use as part of a caretaker's unit.
(5) 
Real estate office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new residential subdivision or development, such permit to expire one year after the date of issuance or upon completion of sales or rentals of all other property or units within the subdivision or development, whichever occurs first. A model home may be used as a temporary sales office. No residential use may be made of the office or model home.
(6) 
Religious tent meeting. In any district, a temporary use permit may be issued for a tent or other temporary structure to house religious meetings for a period of not more than 10 days.
(7) 
Temporary dwelling units during construction of a permanent single-family dwelling unit. For the purposes of this subsection, manufactured housing and recreational vehicles may be allowed as temporary dwellings. A temporary use permit may be issued for the use of a temporary dwelling unit during the construction of any single-family or two-family dwelling, subject to the following conditions:
(a) 
The permit shall expire one year after the date of issuance or upon the completion of construction, whichever occurs first.
(b) 
The applicant shall arrange for appropriate utility services to the temporary dwelling unit.
(c) 
The temporary dwelling unit's location on the site shall conform to the site development standards of the residential district in which it is to be located.
(d) 
The temporary dwelling unit shall be removed from the site on or before occupancy of the dwelling unit.
(8) 
Nonprofit fund-raising.
(a) 
In any district, nonprofit fund-raising shall be permitted only with the consent of the owner of such property.
(b) 
Nonprofit fund-raising within the City of Española is subject to the following conditions:
[1] 
Applicants shall comply with the provisions of Business Registration and Vendors Ordinance.[1]
[1]
Editor's Note: See Ch. 158, Businesses, Regulation of.
(c) 
Notwithstanding any other provisions of this section, nonprofit fund-raising on the public rights-of-way is prohibited.
(9) 
Seasonal sales of farm produce. A temporary use permit may be issued for the sale of unprocessed farm produce in any district, provided that the produce is sold from the same location in which it is grown. The permit shall be for a period of time not longer than the growing and harvest season in a year and may be issued to individuals, groups or organizations. Products sold at the Española farmers market are exempt from this provision.
(10) 
Outdoor arts and crafts shows and exhibits. A temporary use permit may be issued for outdoor arts and crafts shows or exhibits located on public or private land or on public rights-of-way in any district, for a period not longer than 15 days in any ninety-day period. Vendors within New Mexico highway rights-of-way must obtain permits from the New Mexico Department of Transportation.
(11) 
Temporary use permit. All commercial and professional activities conducted in commercial districts may request a temporary use permit to periodically conduct sidewalk or outdoor sales limited to not more than 30 calendar days in any twelve-month period, unless an alternative requirement is provided for elsewhere in the Española Municipal Code.
A. 
Under no circumstances shall recreational vehicles or equipment be parked or stored in front yards.
B. 
Recreation equipment shall not be parked or stored in front yards except for periods of not more than 10 days at a time for loading or unloading purposes; except if the lot, because of topography or shape, and the structures located on the lot, cannot reasonably accommodate the location of recreation equipment in areas other than the front yard, and there is no visual safety hazard or encroachment on the public right-of-way, then the recreation equipment may be located in the front yard.
C. 
Recreational vehicles and equipment shall not be used for dwelling purposes in any district, except under the following conditions:
(1) 
In residential districts, they may be temporarily used for a period of up to 30 days, with no more than two such periods per calendar year, by houseguests of the residents of the premises, provided that no money is received by the residents of the site for this privilege, or as a temporary dwelling during the construction of a single-family or two-family dwelling, through the issuance of a temporary use permit.
A. 
Findings. The City Council, through this chapter, finds that the existence of numerous inoperable vehicles is aesthetically unpleasing and creates a nuisance condition that can lead to lower property values, and so imposes the following conditions:
(1) 
In all districts, the storage of inoperable vehicles is not permitted. However, they may be stored in an enclosed building in a rear yard and a maximum of three inoperable vehicles may be stored;
(2) 
In all residential districts, storage of inoperable vehicles is not permitted within the area between the front property line and the front of the main structure.
(3) 
Within commercial and industrial districts, storage of inoperable vehicles is permitted, as part of a permitted or special use and provided that the inoperable vehicles are contained within an enclosed building and that complies with all use requirements of the district and all conditions, if any, imposed by the Planning Commission or City Council.
(4) 
Inoperable vehicles are prohibited in the public right-of-way or from encroaching upon the public right-of-way.
B. 
Notice to remove. Whenever an abandoned or inoperable vehicle is located in any district within the City of Española and not in compliance with the provisions of this section, the Planning Director shall issue a notice to remove to the owner, his agent, or occupant of the property upon which the vehicle is located.
C. 
Contents of notice. The notice to remove the vehicle issued under the provisions of this article shall contain:
(1) 
An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.
(2) 
The location of the nuisance, address as well as physical location within said property.
(3) 
A description of the abandoned vehicle.
(4) 
An order to remove said vehicle or other acts necessary to abate the nuisance, such acts to be completed within 10 days from receipt of notice, unless a hearing is requested pursuant to Subsection C(6) below.
(5) 
A statement that if the nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the City will abate such nuisance and assess the cost of such abatement against such person.
(6) 
Any person receiving notice of an order to abate a nuisance may request a hearing before the municipal court on such matter within 10 days from the date of filing of the notice. Any notice of abatement served by the City shall advise the person allegedly committing the nuisance of his right to request a hearing before the municipal court.
D. 
Service of notice. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
E. 
Abatement by City. Upon the failure to remove the vehicle, or otherwise bring it into compliance, the Planning Director shall request that the City Manager order the abatement of the nuisance and shall prepare a statement of estimated costs incurred in the abatement of such nuisance. The City Manager may order municipal crews to conduct such abatement or provide for hiring an outside contractor for such service.
F. 
City's costs declared lien. Any and all costs incurred by the City in the removal of the vehicle under the provisions of this section shall constitute a lien against the property upon which vehicle was located, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.
G. 
Exemptions. Exempt from the provisions of Subsections A through C of this section are vehicles that are classified as vehicles of historic and special significance under the provisions of NMSA 1978, § 66-11-1 et seq., except that such vehicles, when stored in the rear yard, will be covered with an opaque cover designed to fit the vehicle.
A. 
Day care homes shall be an accessory use and home occupation in all districts.
B. 
Day care facilities and child-care centers shall be a special use, requiring a special use permit.
C. 
Day care homes, day care facilities and child-care centers shall meet the following standards, with an "X" indicating the applicable standard:
Day Care Homes
Day Care Facilities
Child-Care Centers
As a condition of the special use permit, the applicant must obtain a state license prior to conducting business; the state license will be required to be submitted to the Planning Director prior to commencing business; a copy of the state license shall be kept by the Planning Director.
X
X
Business license must be secured from the City of Española
X
X
X
Off-street parking of one space per employee and a procedure for pickup and delivery of children according to a plan filed with the application
X
X
X
Residential districts: no major alterations to the structure are allowed that prevent the continuing use of the structure as a residence
X
Special use permit shall specify the extent of structural alterations to be allowed
X
X
As a condition of the special use permit, the Planning Commission shall establish the maximum number of children allowed
X
Recreation areas shall be fenced from adjoining residential properties
X
X
X
Walls or fences may be considered by the Planning Commission as part of the special use permit, if necessary to shield neighboring properties from the day care use
X
X
Outdoor activities for children shall not be allowed before 7:30 a.m. or after 6:00 p.m.
X
X
X
Levels shall be governed by the provisions of Article III, Ordinance 18, of this Code
X
X
X
A. 
In all commercial districts, screening and storage requirements for permitted uses or activities shall be as described in this subsection. Every reasonable effort shall be made to store merchandise, manufactured products, raw materials, equipment, scrap, junk or solid waste in such a manner so as not to create a nuisance. A reasonable effort shall include but not be limited to compliance of all such material that shall be stored within a building, with the following exceptions:
(1) 
Where such inside storage is not practicable and is justified with regards to health, safety or fire codes.
(2) 
Where the outside storage of merchandise, manufactured products or raw materials open to view from the public right-of-way is a normal and standard practice, such as in auto sales, recreational vehicles, nursery stock and the like, but not including the storage of secondhand goods or materials and junk.
(3) 
Where the outside storage is necessary during construction. In such case, the outside storage shall be allowed only during the time that the required building permits are active. Outside storage of such material shall create no hazard or visual obstructions as set forth in § 601, regarding sight obstructions, or create a fire, safety or health hazard.
B. 
In all residential districts, storage and screening requirements for permitted uses or activities shall be as described in this subsection. Storage pertaining to residential activities shall comply with the same requirements as specified elsewhere in this section and in addition shall comply with the following:
(1) 
Appliances and other mechanical equipment which is no longer operable or functional shall not be stored outside for a period of time exceeding 30 days. Refrigerators and freezers stored outside during this period must have doors removed.
(2) 
Inoperable vehicles shall be stored in compliance with the provisions of § 610.
(3) 
Recreational vehicles shall be stored in compliance with the provisions of § 609.
(4) 
Storage in the public right-of-way is prohibited.
C. 
A six-foot-high solid fence or wall is required along a common lot line between the residential property and nonresidential property, except as restricted by § 601.
To promote noninstitutional living arrangements for handicapped persons while preserving the residential character of the neighborhood and minimizing the effect of the group home on traffic congestion in the neighborhood, a group home shall be permitted in any residential zoning district upon a showing of the following to the Planning Director:
A. 
That, prior to occupancy of the group home, the operation is licensed by the State of New Mexico or, if not required, evidence confirming that such licensing is not required;
B. 
That the group home conforms to existing zoning regulations applicable to other residential uses permitted in the zoning district;
C. 
That the group home has certified by affidavit to the City of Española that its residents and programs comply with the definition of "group home" as set forth in this chapter, which requirements are intended to preserve the residential character of the neighborhood;
D. 
That parking requirements for group homes set out in § 810 are met and an agreement, signed by the operator of the group home, is provided to the City of Española assuring that these requirements will continue to be met during the time the group home is operating;
E. 
That, in any block, there shall be no more than one group home nor shall there be a group home on the corner of a block located diagonally to a block with an existing group home; and
F. 
That there is nothing on the exterior of the group home that would distinguish it from other residential uses in the zoning district.
[Amended 12-14-2021 by Ord. No. 2021-10]
A. 
Generally. Agricultural and ranching uses are allowed in R-1 and R-2 Districts, provided the following requirements are met:
(1) 
That the sale of animals or their by-products is limited to those raised or produced on-site, no importing of goods or products for sale is being conducted.
(2) 
That the sale of agricultural products is limited to those raised on-site and that no importing of goods or products for sale is being conducted. No cannabis or cannabis products may be sold without appropriate licensure from the Cannabis Control Division and Planning Approval from the City, including homegrown or homemade cannabis or cannabis products.
(3) 
That the sale of all goods listed as agricultural and ranching uses is restricted to being a secondary source of income of and for the household of the lot in question, and that the owner or operator acquires, and complies with the requirements of, a home occupation permit, a site plan approval, and a valid business registration if selling agricultural goods.
(4) 
That none of the aforementioned uses create a nuisance condition as defined by Chapter 254, Nuisances, of the Española Municipal Code, or amendments thereto.
(5) 
(Reserved)
(6) 
That a person or household may produce up six mature cannabis plants per person, up to 12 mature cannabis plants per household, provided that no homegrown cannabis or cannabis products may be sold or exchanged for anything of value.
(7) 
That any diseased, dying, or dead agricultural products be disposed of promptly and appropriately.
B. 
Farm animals.
(1) 
R-1, Rural Residential District. Farm animals are allowed in this district at the following ratios:
Type of Animal
Ratio
Cattle (including horses)
1 per 10,000 square feet*
Goats and sheep
1 per 4,000 square feet*
Swine (including pets)
1 per 2,000 square feet*
Chickens and other fowl
1 per 500 square feet*
*
Based on total lot area
(2) 
R-2, Semirural Residential District. Farm animals are allowed in this district at the following ratios:
Type of Animal
Ratio
Cattle (including horses)
None
Goats and sheep
1 per 4,000 square feet*
Swine (including pets)
1 per 2,000 square feet*
Chickens and other fowl
1 per 500 square feet*
*
Based on the total lot area
C. 
Agricultural and ranching are allowed in any other districts only upon review and approval by the Planning and Zoning Commission.
A. 
When three or more mobile homes or manufactured housing are involved on any one lot, in any district, the manufactured housing park regulations shall apply as set forth in this chapter.
B. 
Purposes.
(1) 
This chapter recognizes that differences between site-built homes and manufactured homes exist, and that such differences provide for a need to have separate regulations governing the placement and use of mobile homes and manufactured housing. It is the intent of this section to provide adequate regulations governing the placement and use of manufactured housing units.
(2) 
Additionally it is the intent of this section to:
(a) 
Prevent overcrowding of land.
(b) 
Provide adequate open area to assure privacy, natural light, and ventilation for each manufactured home.
(c) 
Provide sufficient open areas for outdoor uses essential to the mobile home and/or manufactured housing.
(d) 
Ensure the furnishing of adequate water supply and sewage disposal systems.
(e) 
In general, provide those amenities available in sound residential areas.
C. 
Location of manufactured homes.
(1) 
Permitted districts; unrestricted residential uses. Mobile homes and manufactured housing are permitted as primary residences, including rental units, in R-1 Rural Residential and R-2 Semirural Residential Districts.
(2) 
Permitted districts; restricted residential uses. Mobile homes and manufactured housing are allowed in R-3 Suburban Residential, R-4 Large Lot Residential and R-6 Urban Residential Districts as primary residences only, but not to be used as rental units.
(3) 
Restricted districts. Mobile homes and manufactured housing are not permitted in the following districts, except as temporary or emergency housing:
(a) 
R-O-I Residential-Office-Institutional District.
(b) 
RM-PUD Residential Multifamily Planned Unit Development.
(c) 
RC-PUD Residential Compound Planned Unit Development.
(d) 
B-1 Local Commercial District.
(e) 
B-2 General Commercial District.
(f) 
LI Light Industrial District.
(g) 
HTC - Historic Town Center District.
(h) 
HI Heavy Industrial District.
D. 
Requirements for the use of mobile homes on individual lots.
(1) 
Permanent installation of mobile homes and manufactured housing. All manufactured homes placed in any district shall be required to be placed on a permanent foundation, with wheels and axles removed. All permanent foundations shall comply with the New Mexico Manufactured Housing Division Regulations for such structures. Additionally, the mobile housing shall be permanently attached to said foundation by anchors, straps, tie-downs or similar such devices as may be approved by the Building Inspector.
(2) 
Temporary installation of mobile homes and manufactured housing. All mobile homes placed on a less-than-permanent basis must be placed on the piers and/or footings that are in general compliance with those developed and approved by the New Mexico Manufactured Housing Division. Temporary placement may be approved for no more than six months at any one time with one extension of no more than six months, and then only after special findings of fact and full public hearing by the Planning Commission as provided in this chapter.
(3) 
The construction of mobile homes and manufactured housing shall comply with the Standards for Manufactured Homes adopted by the New Mexico Manufactured Housing Division.
E. 
Skirting.
(1) 
All manufactured housing units shall be skirted in a manner that fully conceals all area beneath the manufactured house in a manner consistent with the siding on the manufactured house and must be approved by the Building Inspector, prior to issuance of a certificate of occupancy.
(2) 
All materials shall be approved by the Building Inspector and must be self-ventilating or provide for no less than a total of three square feet per 250 square feet of floor area with all vents being located diagonally from each other. All vents shall be installed to prevent the entry of rodents and direct rainfall.
(3) 
All mobile home skirting shall be installed in accordance with manufacturer's recommended instructions or in accordance with the regulations set forth and approved by the New Mexico Manufactured Housing Division.
F. 
Minimum requirements for lot size and front, side and rear yards, and all other standards, shall be the same as the district in which they are to be located. At no time shall any individual mobile home or manufactured home be located closer than 20 feet to another manufactured home.
G. 
No mobile home or manufactured home may be occupied before obtaining a certificate of occupancy from the Building Inspector attesting to the conformance with the provisions of this chapter and other applicable rules and regulations of the City of Española.
[Added 12-14-2021 by Ord. No. 2021-10]
A. 
Generally. This section specifies those regulations adopted by the City to cover all activity described in the Cannabis Regulation Act (CRA). Nothing in this chapter shall in any way prohibit, limit, or otherwise restrict the personal use of cannabis as specified in the CRA nor the production or consumption of homegrown cannabis or cannabis products for adult residents.
(1) 
The possessing, planting, cultivating, harvesting, drying, manufacturing of homemade cannabis products using nonvolatile solvents, alcohol or carbon dioxide or no solvents or transporting not more than six mature cannabis plants and six immature cannabis plants per person; provided that despite a household having multiple residents, no more than 12 mature cannabis plants may be present in one household; and provided further that if the person does not exceed the maximum number of cannabis plants, the person may possess the homegrown cannabis produced by the cannabis plants notwithstanding any weight limits; and
(2) 
A person or household producing cannabis pursuant to this provision and the provisions of the Cannabis Regulation Act shall ensure the cannabis plants are in an area that is enclosed and locked. There shall be one or more locks to prohibit access by anyone other than the person producing cannabis, and there must be walls surrounding the plants that prevent them from being seen by those other than the person or household producing the cannabis.
B. 
Site plan required. Approval or conditional approval by the Planning and Zoning Commission or Planning Director of a site plan shall be required of all cannabis licensees. Such approval shall meet the requirements of § 403 Development plan review criteria and the following additional requirements:
(1) 
Security plan. The applicant shall submit a security plan for review and approval by the Police Chief that meets at a minimum the current requirements specified by the State of New Mexico for their license type.
(2) 
Fire Department review. The applicant shall submit to the Española Fire Chief or State Fire Marshall any plans, drawings, or schematics necessary for his approval that the proposed development will meet applicable fire codes. An inspection and approval of the facilities by the State Fire Marshall, Española Fire Chief, or their designee, is required prior to operation.
(3) 
Zone District Provisions. Cannabis production, manufacture and retail as defined by the CRA is permitted only in the zone districts as specified herein, subject to specific licensure limitations, with the approval of the Planning and Zoning Commission or Planning Director as applicable, either of which shall consider access, traffic, water use, noise, emissions, fumes, odors and the recommendations of the Police Chief and Fire Chief, but which shall not unreasonably deny approval.
C. 
Cannabis production.
(1) 
Allowable districts and facilities.
(a) 
Cannabis production is only allowed B-1, B-2, L-I and H-I.
(b) 
Cannabis production is only allowed in indoor facility or in a greenhouse.
(2) 
Cannabis producer super-microbusinesses. Producers who grow 100 or fewer mature plants are permitted within B-1, B-2, L-I and H-I zone districts and are subject to administrative approval by the Planning Director.
(3) 
Cannabis producer microbusinesses. Any person who grow between 101 to 200 mature plants are permitted within B-2, L-I, and H-I zone districts and are subject to administrative approval by the Planning Commission.
(4) 
Large cannabis producers. Producers who grow more than 200 plant mature plants are subject to approval by the Planning and Zoning Commission pursuant to the provisions of § 403.
(5) 
Additional requirements.
(a) 
Producers must submit the application they will use to apply for a License with the state Regulation and Licensing Department (RLD) for review along with any other materials required by § 408 for approval of their permit.
(b) 
Cannabis producers should submit proof of water rights or documentation from a water provider that the applicant has the right to use water from provider for Cannabis production.
(c) 
Any cannabis production facility should follow the site development requirements of their respective zone districts as per Chapter 350).
D. 
Manufacture, testing, and research. As defined by the CRA, a cannabis manufacturer, cannabis testing laboratory, or cannabis research laboratory are permitted as follows:
(1) 
Class 1, 2 or 3 Manufacturers shall be permitted in B-1, B-2, L-I and H-I Zone Districts.
(2) 
Class 4 Manufacturers shall be permitted only in L-I and H-I Zone Districts.
E. 
Cannabis retail. A retail establishment as defined by the CRA is permitted in the B-1 Local Commercial District, B-2 General Commercial District, and TC Tourist Commercial District, provided that any location is not within 300 from a school, daycare center or any facility for religious worship that is in existence at the time of the Application. Such distance shall be the shortest direct line measurement between the actual limits of the real property and the licensed premises where cannabis retail is proposed. Any retail location shall not be within 300 feet from any other cannabis retail store. Cannabis retail establishments shall not be permitted to have designated indoor cannabis vaping or outdoor cannabis vaping or any cannabis related product consumption area.
F. 
Cannabis consumption in public places:
(1) 
The use, sale, manufacture production, storage or distribution of cannabis or cannabis products is prohibited on property that is occupied, owned, controlled, or operated by the City of Española.
(2) 
It shall be unlawful for an individual to smoke or to consume cannabis products on property that is occupied, owned, controlled or operated by the City of Española.
(3) 
It shall be unlawful for anyone to smoke or to consume any cannabis of any kind, whether lawfully purchased or not, in any public place or in any street or in any government building, whether state or federal, or in any public.
(4) 
It shall be unlawful for an individual to smoke marijuana or consume cannabis products in any open space in City of Española.
G. 
Hours of operation. A licensed cannabis retailer may operate between the hours of 7:00 a.m. and 12:00 a.m. daily.
[Added 12-14-2021 by Ord. No. 2021-10]
Should any provision of this chapter be found to be invalid or unenforceable by any court, such determination shall have no effect upon the validity or enforceability of any other portion of this chapter, and all such other portions shall continue in full force and effect.