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)
(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.
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.
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. 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.
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.
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)
(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.
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 and that no importing of goods or
products 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 is being conducted.
(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 acquires,
as well as complies with the requirements of, a home occupation permit.
(4)
That none of the aforementioned uses creates a nuisance condition as defined by Chapter 254, Nuisances, of the Española Municipal Code, or amendments thereto.
(5)
That the aforementioned uses are maintained within a restrained
area and not adjacent to riparian area.
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 uses are not allowed in any other districts.
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.
