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.
(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:
(b)
Salvage yard or junkyard.
(c)
Automobile repair or body and paint shop.
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:
(b)
Salvage yard or junkyard.
(c)
Automobile repair or body and paint shop.
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.
(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.
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.