The Community District is a zoning tool intended to preserve and protect unique communities and areas through the implementation of an adopted Community Plan that is consistent with the SGMP as set forth in Chapter 2. Santa Fe County is committed to preserving, protecting, enhancing, and perpetuate the value of these areas through the establishment of Community Districts. The Board, pursuant to Chapter 8, may establish Community District Overlay Zones (O-CD) that are consistent with the SGMP, an adopted Community Plan and any applicable County Land Use Plans.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
Chapter 8 sets forth the standards and procedures for establishment of a Community District Overlay Zone (O-CD) to implement the zoning-related provisions of an adopted Community Plan. With the adoption of the SLDC, local communities are encouraged to revise their Community Plans to be consistent with the SGMP and this ordinance, and to propose appropriate overlay zoning regulations to establish an O-CD in accordance with Chapter 8. Upon the establishment of an O-CD for any given Community District, the regulations of the applicable O-CD will be inserted into this section and become part of the SLDC.
9.2.1 
Adoption of Community District’s Overlay Zone.
This community district overlay zone shall be established upon adoption by the BCC of an overlay zone ordinance specific to this community district which includes adoption of base zoning set forth in an attached map.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.3.1 
General Provisions.
The regulations, standards and provisions described herein are specific to each community district’s overlay zone. Where conflict arises between SLDC regulations and the community district standards and provisions, the district’s standards and provisions shall prevail. However, when the district’s standards are silent on an issue that would otherwise be governed by the SLDC or other applicable County codes, the SLDC or those other codes shall prevail.
9.3.2 
Use Matrix.
Community Districts in Chapter 9 of the SLDC include community-specific Use Tables that shall prevail over any uses set forth in the Appendix B Use Matrix[1] for that community. Where a community district overlay has established a Use Table that Use Table shall prevail. Where a community district overlay has not established a Use Table, the SLDC Use Matrix other than exceptions identified by the community district overlay shall prevail.
[1]
Appendix B is included as an attachment to this exhibit.
9.3.3 
Effect on Zoning Map.
As stated in Chapter 8 of this Code, an approved overlay community district does not replace the underlying zoning of the area. Instead, it allows for a modification of the regulations of the underlying zoning district to accommodate unique conditions that do not fit the base zoning district.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.4.1 
Purpose and Intent.
The provisions of the Los Cerrillos Community District (LCCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Los Cerrillos Community Plan and the Sustainable Growth Management Plan (SGMP). The LCCD is designed to ensure compatibility among various land uses, encourage cluster development, protect cultural, historical and scenic features and environmentally sensitive areas, enhance rural Los Cerrillos development patterns, support a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the community. Provisions include standards, dimensions and incentives to encourage cluster development in conjunction with conservation easements that preserve agricultural land and open space, preserve authentic rural village values, atmosphere, peace and quiet, village’s dirt or base course roads, and encourages economic activity that reinvests into the community.
9.4.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.4.2.1 
NM 14 Setbacks.
As regulated in Chapter 7 of this Code with the following exceptions:
1. 
Parcels fronting NM 14 shall have a minimum 200-foot setback in LCCD RUR-R and RES-E. If an existing legal parcel is unable to meet the setback requirements, the third of the parcel furthest away from NM 14 can be built upon.
9.4.2.2 
Nonresidential setbacks.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
No front setbacks are required for new, nonresidential development along First Street. For all other new nonresidential development, front setbacks shall be a minimum of 10 feet from property line.
2. 
Landscaping is required in all front setbacks for nonresidential development as specified in Chapter 7 of this Code.
3. 
Side setbacks shall be minimum of 5 feet from the property line throughout the planning district. Reduced side setbacks may be approved by the administrator. In this instance, fire restrictive construction between commercial buildings must be used pursuant to applicable Fire Code standards as approved by the County Fire Marshal.
4. 
Rear setbacks shall be a minimum of 10 feet from the property line.
9.4.2.3 
Residential setbacks.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Setbacks for residential development shall be a minimum of 10 feet between neighboring dwelling units. Where zero lot lines exist, new development on neighboring lots shall require a 10-foot minimum setback between property line and structure.
9.4.2.4 
Lighting.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Solar lighting shall be used in parking and pedestrian ways.
2. 
Street lights shall be shielded.
9.4.2.5 
Glare Reduction.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
All new buildings and additions to existing structures shall be constructed of non-reflective material with a LRV of less than 40.
9.4.2.6 
Road Design.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
With the exception of First Street, all roads in the Los Cerrillos Planning Area shall remain dirt or base course.
9.4.2.7 
Terrain Management.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Landscaping and Screening.
Evergreen trees at least 5 feet tall shall be used for screening and buffering of structures, cuts and fills in order to maintain year-round screening of previously disturbed areas.
a. 
Cut slopes with a slope or retaining wall closer than 6 feet from the edge of a road or driveway, where the planting area for trees is limited, may be screened with a trellis supporting planted vegetation or some other similar means that creates a natural screened effect.
9.4.2.8 
Special Protection of Riparian Areas.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Native vegetation endemic to riparian areas is exempted from the xeriscape requirements set forth in Chapter 7 of this Code.
9.4.2.9 
Wildlife Corridors.
In all instances where wildlife corridors exist, they must be identified in the application or during the application process so development can be adjusted to avoid disturbance.
9.4.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.4.3.1 
Generally.
The LCCD Overlay modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of this Code, the standard of this overlay zone shall govern.
9.4.3.2 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the LCCD Use Table [Table 9-4-8] and below:
1. 
Bicycle, motorcycle, all-terrain vehicle dealers:
a. 
Bicycle only are permitted.
2. 
All office or bank uses:
a. 
Limited to 1,500 sq. foot per level.
3. 
Services including pest control, janitorial, landscaping, carpet, upholstery, cleaning and other:
a. 
Pest control services are prohibited.
4. 
Active open space/athletic fields/golf courses:
a. 
Golf courses are prohibited.
5. 
Camps, Camping, and related establishments:
a. 
Stay is limited to 2 weeks.
b. 
Electricity and electric/gas generators are prohibited.
c. 
The camping perimeter shall be fenced.
d. 
Campsites shall be self-contained.
e. 
Motor coaches shall be prohibited.
f. 
Adequate bathroom facilities shall be provided and maintained by the property owner.
9.4.3.3 
Base Zoning Districts.
Base zoning districts approved for use in the LCCD are listed in Table 9-4-1:
Table 9-4-1: Los Cerrillos Base Zoning Districts
RUR-R
Rural Residential
RES-E
Residential Estate
TC
Traditional Community
PI
Public/Institutional
1. 
LCCD Rural Residential (LCCD RUR-R); Purpose.
This designation covers areas associated with contemporary residential subdivisions and is appropriate for single-family development with options for clustering and accessory dwelling structures, agricultural related uses and home occupations.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCCD Use Table [Table 9-4-8].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code, Rural Residential, except as prescribed in LCCD Table 9-4-2.
Table 9-4-2: Dimensional Standards LCCD RUR-R (Rural Residential)
Zoning District
LCCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
24
Lot coverage residential (maximum, percent)
25
Lot coverage nonresidential (maximum, percent)
50
2. 
LCCD Residential Estate (RES-E); Purpose.
This designation covers areas adjacent to the LCCD Traditional Community District which is historically associated with the historic village core due to proximity, use and subdivision patterns. It is the intent of this designation to preserve the existing development pattern and recognize this area as contributing to the character of the historic village and as a transition zone from the denser village area to the larger agricultural and ranching lots. This area is appropriate for single-family development with options for clustering, agricultural related uses and home occupations.
a. 
Use Regulations.
Uses permitted, conditional, accessory and prohibited as identified in Chapter 8 of Appendix B of this Code with exceptions identified on LCCD Use Table [Table 9-4-8].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code, Residential Estate, except as prescribed in LCCD Table 9-4-3.
Table 9-4-3: Dimensional Standards LCCD RES-E (Residential Estate)
Zoning District
LCCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
24
Lot coverage residential (maximum, percent)
25
Lot coverage nonresidential (maximum, percent)
50
3. 
LCCD Traditional Community (TC); Purpose.
The purpose of this district is to continue to reflect the unique historic development patterns of the old village with a mixed pattern of lot sizes, shapes and housing types. This district accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses. It should remain as a primarily single-family residential district consistent with historic options for compact residential development including clustered housing, and family compounds. Community facilities, institutional uses, agricultural uses, and home occupations that are residential in scale should continue to be allowed in the district.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 of Appendix B of this Code with exceptions identified on LCCD Use Matrix.
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in LCCD Table 9-4-4.
i. 
Minimum Density.
The minimum lot size for LCCD TC is 1 DU/.75 acres.
Table 9-4-4: Dimensional Standards LCCD TC (Traditional Community)
Zoning District
LCCD TC
Density (# of acres per dwelling unit)
.75*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
24
Height (maximum, feet) all other structures
20
Maximum building size (commercial)
2,000 sq. ft.
Lot coverage residential (maximum, percent)
50
Lot coverage nonresidential (maximum, percent)
70
*Base density may not be adjusted through Density Bonus.
c. 
Architectural Design Standards.
All new nonresidential development shall be designed to integrate with the general style of Los Cerrillos.
4. 
LCCD Public/Institutional (PI); Purpose.
The purpose of this district is to continue to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 of this Code with exceptions identified on LCCD Use Matrix.
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in LCCD Table 9-4-5.
Table 9-4-5: Dimensional Standards LCCD PI (Public/Institutional)
Zoning District
LCCD PI
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
30
Lot coverage residential (maximum, percent)
25
Lot coverage (maximum, percent)
50
c. 
Architectural Design Standards.
In order to preserve the historical design character of Los Cerrillos, any new development in PI district shall be designed to integrate with the general style of Los Cerrillos.
9.4.4 
LCCD Overlay Zones.
9.4.4.1 
LCCD Rural Commercial Overlay (LCCD O-RC); Purpose.
LCCD O-RC is intended to support the needs of the community and to retain the predominately residential character of the Village. Commercial uses that are small in scale are appropriate within this overlay zone in order to support the development of the Village as a mix of residential and commercial and promote self-sufficiency for the community. This zone is appropriate for areas where such developments should logically locate because of established historic land use patterns in Los Cerrillos, planned or existing public facilities, and appropriate access.
1. 
Location.
The Rural Commercial Overlay is appropriate for use in the area identified on the zoning map, within the TC district. Commercial and nonresidential development shall conform to all requirements of this Code with exceptions identified in this Section.
2. 
Uses permitted, conditional, accessory and prohibited as regulated in the LCCD base zoning districts, with exceptions identified below:
a. 
Permitted Uses.
In addition to those uses allowed by the underlying zoning, the following uses are allowed in the LCCD O-RC upon the issuance of a development permit, and are limited to 2,500 square feet:
i. 
Retail services such as: market shops, open markets, bicycle sales and repair shops, outdoor resale business, beer/wine/liquor stores, offices, banks, services such as janitorial, landscaping, carpet, upholstery cleaning, tattoo parlors; and
ii. 
Public facilities such as: medical clinics, highway rest stops, covered atriums and public enclosures, public administration buildings, bus shelters, community center, bus stop shelters; and
iii. 
Arts, entertainment, and recreation services such as: restaurants with and without the consumption of alcohol, movie theaters, performance theaters, fitness/active open space, theater/dance/music establishments, exhibitions and art galleries, performing arts and supporting establishments.
b. 
Conditional Uses.
The following uses may be allowed in the Rural Commercial Overlay upon the issuance of a conditional use permit, and are limited to 2,500 square feet:
i. 
Services such as stand-alone stores, convenience stores, bars/taverns/ nightclubs, support business and operations for agriculture and forestry, fitness/recreational sports/gym/athletic club, passenger terminal mixed mode.
(a) 
Shooting ranges and activities are prohibited.
3. 
Parking.
All businesses within the LCCD O-RC shall be eligible for on-street parking. A maximum of sixty-six percent (66%) of customer parking shall be allowed on the County right-of-way within the commercial district. All designated on-street parking shall be parallel parking, except where the width of the street allows for diagonal parking.
4. 
Architectural Design Standards.
In order to preserve the historical design character of Los Cerrillos, any new nonresidential development in LCCD O-RC shall be designed to integrate with the general style of Los Cerrillos.
9.4.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.4.5.1 
Accessory Dwelling Units.
The standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
1. 
Accessory Dwelling Units are allowed in the LCCD RUR-R and LCCD RES-E zones. Accessory Dwelling Units are prohibited within the LCCD TC, and PI zones.
2. 
Accessory Dwelling Units located within the LCCD RES-E zone.
a. 
Accessory dwelling units constructed within the LCCD RES-E zone shall be limited to a maximum of 600 square feet of heated interior square footage.
b. 
Accessory dwelling units constructed within the LCCD RES-E zone shall be required to install rain barrels, cisterns or other rainwater catchment system, per Chapter 7 of this Code.
3. 
The combined water consumption of the primary and accessory structures shall not exceed .25 acre-feet/year.
9.4.5.2 
Home Occupations; Purpose.
Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exceptions as identified in Table 9-4-6.
Table 9-4-6: LCCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
2
3
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
50% of heated square footage
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
6
8
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
see Section 7.9.4.3 [sic]
see Section 7.9.4.3 [sic]
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
Up to 2
3
9.4.5.3 
Low Impact Home Occupations,
as identified in Chapter 10 of this Code are permitted throughout the Los Cerrillos Community Planning Area with the following adjustments:
1. 
Limited to 2 employees.
2. 
Up to 6 patron visits per day.
9.4.5.4 
Medium Impact Home Occupations,
as identified in Chapter 10 of this Code are conditionally allowed within the LCCD RUR-R, RES-E, and O-RC.
1. 
Medium impact home occupations shall be prohibited within the LCCD TC zone.
9.4.5.5 
Home Occupation parking.
Parking for Home Occupations shall be provided on-site unless historic land use and small lot development pattern of Los Cerrillos prohibits parking on-site. In that case, the Home Occupation proprietor shall provide alternative parking sites for customers, staff and associated vehicles without infringing on neighbors or blocking driveways. All designated on-street parking shall be parallel parking, except where the width of the street allows for diagonal parking.
9.4.6 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the LCCD Use Table 9-4-8. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-4-7. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-4-7: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA); or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-4-8: LCCD Use Table
Use
Function
Structure
Activity
LCCD RUR-R
LCCD RES-E
LCCD TC
LCCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
A
 
Accessory dwelling units
 
1130
 
A
A
X
X
Ch. 9 & 10
Townhouses
 
 
 
X
X
X
X
 
Multifamily dwellings
1202-99
X
X
X
X
 
Retirement housing
1210
 
 
P
P
P
P
 
Assisted living facility
1230
 
 
C
C
C
P
 
Life care or continuing care facilities
1240
 
 
C
C
C
P
 
Nursing facilities
1250
 
 
C
C
C
P
 
Community home, NAICS 623210
 
 
 
C
C
C
C
 
Barracks
 
1310
 
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
C
C
C
X
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
C
C
P
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
X
X
X
 
Resorts
 
 
 
X
X
X
X
 
Retreats
 
 
 
C
C
C
C
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
X
 
Store or shop without drive through facility
 
2230
 
X
X
X
X
 
Department store
 
2240
 
X
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
X
C
 
Gasoline station
 
2270
 
X
X
X
X
 
Automobile repair and service
 
2280
 
X
X
X
X
 
Car dealer
2111
 
 
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
Ch. 9
Boat or marine craft dealer
2114
 
 
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
 
Gasoline service
2116
 
 
X
X
X
X
 
Lumberyard and materials
2126
 
 
X
X
X
X
 
Outdoor resale business
2145
 
 
C
C
X
X
 
Pawnshops
NAICS 522298
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
X
 
Shopping center
2510-2580
X
X
X
X
 
Convenience stores or centers
 
2591
 
X
X
X
X
Ch. 10
Car care center
 
2593
 
X
X
X
X
 
Carwashes
NAICS 811192
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
X
X
Ch. 9
Office (with drive-through facility)
 
2110
 
X
X
X
X
Ch. 9
Office or store with residence on top
 
2300
 
X
X
X
X
Ch. 9
Office - over storefront structure
 
2400
 
X
X
X
X
Ch. 9
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
X
X
 
Car rental and leasing
2331
 
 
X
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
X
Ch. 9
Bars, taverns and nightclubs
 
 
 
X
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
 
Heavy construction
7400
 
 
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
X
 
Automotive paint and body
 
 
 
X
X
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
X
 
Movie theater
 
 
3120
X
X
X
X
 
Amphitheater
 
 
3130
X
X
X
C
 
Drive-in theaters
 
 
3140
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
C
 
Amusement or theme park
5310
 
 
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
X
C
Ch. 9
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
X
 
Skating rinks
5390
 
 
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
P
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
C
*
Active open space/athletic fields/golf courses
6340
 
 
X
X
X
P
Ch. 9
Passive open space
6340
 
 
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
X
X
X
X
 
Movie ranch
 
 
 
P
C
C
P
 
Camps, camping, and related establishments
5400
 
 
C
C
X
X
Ch. 9
Exhibitions and art galleries
 
4410
 
X
X
X
X
 
Performing arts or supporting establishment
5100
 
 
C
C
X
C
 
Theater, dance, or music establishment
5101
 
 
C
C
C
P
 
Institutional or community facilities
Community center
 
2200
 
C
C
C
P
 
Hospitals
 
4110
 
X
X
X
 
 
Medical clinics
 
4120
 
P
P
X
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
P
P
P
P
 
Child and youth services
6561
 
 
P
P
P
P
 
Child care institution
6562
 
 
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
 
Community food services
6563
 
 
P
P
P
P
 
Emergency and relief services
6564
 
 
P
P
P
P
 
Other family services
6565
 
 
P
P
P
P
 
Services for elderly and disabled
6566
 
 
P
P
P
P
 
Animal hospitals
6730
 
 
X
X
X
C
 
School or university (privately owned)
 
4200
 
C
C
X
C
 
Grade school (privately owned)
 
4210
 
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
X
X
X
X
 
Technical, trade, and other specialty schools
6140
4230
 
X
X
X
C
 
Library
 
4300
 
P
P
P
P
 
Museum, exhibition, or similar facility
5200
4400
 
C
C
P
P
 
Planetarium
 
4420
 
X
X
X
P
 
Aquarium
 
4430
 
X
X
X
X
 
Zoological parks
 
4450
 
C
C
C
P
 
Public safety related facility
 
 
4500
P
P
P
P
 
Fire and rescue station
 
 
4510
P
P
P
P
 
Police station
 
 
4520
P
P
P
P
 
Emergency operation center
 
 
4530
X
X
X
C
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
C
P
 
Funeral homes
 
 
4800
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
 
Public administration
 
6200
 
X
X
X
P
 
Post offices
 
6310
 
X
X
X
P
 
Space research and technology
 
6330
 
X
X
C
P
*
Clubs or lodges
 
 
 
C
C
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
X
 
Surface parking, open
 
5210
 
C
C
C
C
 
Surface parking, covered
 
5220
 
C
C
C
C
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
 
Bus stop shelter
 
5300
 
C
C
C
C
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
C
C
C
C
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
C
X
 
Commercial airports
 
5600
 
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
C
 
Helistops
 
 
 
X
X
X
C
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
C
 
Railroad passenger station
 
5701
 
C
C
C
C
 
Railroad freight facility
 
5702
 
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
X
X
X
X
 
Telecommunications lines
 
 
 
P
P
P
P
 
Electric power substations
 
 
 
X
X
X
X
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
 
Dam
 
6220
 
X
X
X
X
 
Livestock watering tank or impoundment
 
 
 
C
X
X
X
 
Levee
 
6230
 
C
C
C
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
P
P
P
 
Water treatment and purification facility
 
6270
 
P
P
P
P
 
Water reservoir
 
6280
 
C
C
C
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
C
C
X
X
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
X
X
X
X
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
 
Composting facility
 
6330
 
C
X
X
X
 
Recycling transfer center
 
6331
 
X
X
X
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
C
C
P
 
Amateur radio antenna
 
6510
 
X
X
X
X
 
Weather stations
 
6520
 
X
X
X
X
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
P
 
Commercial solar energy production facility
 
 
 
X
X
X
X
 
Geothermal production facility
 
6450
 
X
X
X
X
 
Large-scale wind facility
 
 
 
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
P
P
X
P
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
A
A
C
X
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
C
X
X
X
 
Commercial greenhouses
 
8500
 
P
C
C
C
 
Nurseries and other growing of ornamental plants
 
 
 
P
C
C
C
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
X
X
X
X
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
X
X
X
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
A
A
A
P
 
Forestry and logging operations
9300
 
 
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
A
A
X
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
X
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.5.1 
Purpose and Intent.
The provisions of the Tesuque Community District (TCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Tesuque Community Plan and the Sustainable Growth Management Plan (SGMP). The TCD is designed to ensure compatibility among various land uses, encourage compact development, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the community. Provisions include standards and dimensions based on historic development patterns and incentives to facilitate compact development where appropriate in conjunction with conservation easements that preserve agricultural land and open space.
9.5.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.5.2.1 
Fences and Walls.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Intent.
In order to maintain and enhance the rural character of Bishops Lodge Road north of the Santa Fe City boundary to its intersection with Hwy 285, fencing and walls in this area shall be built to reflect historic design patterns. Fencing in this area has historically been short, open fencing for farming and grazing management which created the sense of a small rural agricultural community.
2. 
A permit is required for any new or replacement fences or yard walls within 25 feet of any property line fronting Bishops Lodge Road and Tesuque Village Road.
3. 
Location and Height.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
Any new or replacement fences or yard walls within 25 feet of any property line fronting Bishops Lodge Road and Tesuque Village Road shall not be opaque above 3 feet in height. Coyote fences are considered opaque.
b. 
Any new or replacement front yard fence or wall with any opaque sections facing Bishops Lodge Road and Tesuque Village Road shall incorporate landscaping with permanent trees, shrubs or vines for a minimum of 40% of the wall length.
c. 
Any new or replacement front yard fence or wall beyond the 25-foot setback may be fully opaque to a maximum of 6 feet and shall be landscaped to the Bishops Lodge Road or Tesuque Village Road side with permanent trees, shrubs or vines for a minimum of 40% of the wall length. See Chapter 7 of this Code for landscape standards for planting requirements.
d. 
Fencing and walls shall not exceed 6 feet in height.
4. 
Fencing Materials and Design.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
Fencing or walls above 3 feet but limited to 6 feet, must be constructed with materials that allow for safety for traffic by assuring clear visibility through the fencing.
b. 
Fence materials to be utilized above the 3-foot limit may not include glass or similar plastic or polycarbonate type materials.
c. 
Chain-link fencing is prohibited.
d. 
Fencing and walls visually accessible from Bishops Lodge Road, and greater than 30 feet in length, shall incorporate architectural offsets at a minimum of 1 every 30 feet.
e. 
All opaque portions of walls shall be colored in tones consistent with shades historically used in Tesuque, including earth tones, brown, tan, or white.
9.5.2.2 
Signs.
The standards for signs shall be as regulated by Chapter 7 of the Code with the following exception:
1. 
Pole-mounted signs are prohibited.
2. 
Wall, fence, and pedestal signs with a maximum size of 6 square feet are allowed for nonresidential uses.
3. 
Electronic and internally illuminated signs are prohibited.
4. 
Indirect sign illumination for way-finding purposes during the hours of operation is permitted, so long as it is shielded, with the light source concealed from view and directed downward.
9.5.2.3 
Parking.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parking Lot Location.
Rear or side parking is required for all nonresidential parking when the property is adjacent to a public road.
2. 
Parking Lot Setback.
Nonresidential front parking shall be set back 10' from the roadway and the setback area shall be landscaped to provide screening.
3. 
Screened Parking.
Nonresidential parking shall be screened from adjacent residential properties.
4. 
Parking Lot Design Standards.
All nonresidential parking should be designed with base course except as required to meet accessibility standards.
9.5.2.4 
Terrain Management.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Steep Slopes and Ridges.
These standards apply to all new structures and additions to existing structures located on development sites where any portion of the land has a natural slope prior to development of 15% or greater, and on ridgetops.
a. 
Exterior walls, facades and roof shall be darker shades of the natural earth tones (such as tan, brown) of the soils on the building site. Tones of grey, green and white are prohibited for exterior building colors.
b. 
Roof colors and all wall and facade colors visible from adjacent properties or from U.S. 84/285, CR 73 and CR 73A shall be muted and of non-reflective or non-glossy materials with a Light Reflective Value (LRV) of less than forty pursuant to manufacturer’s specifications. When such data is unavailable, compliance will be determined by a comparison of samples for which data is available.
c. 
Windows and door glazing shall be limited to no more than 30% of a facade and shall be non-mirrored and the LRV shall be less than 20, except:
i. 
Glazing shall be limited to no more than 50% under portals of 8 feet or deeper. This Subsection shall not apply to glazing on a south-facing facade where incorporated into a documented design solar heating application equivalent to one for which the annual “Solar Saving Fraction (SSF)” exceeds 60%.
2. 
Height on Steep Slopes and Ridges.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
Structure heights on slopes greater than 15%.
Structure heights are limited to 18 feet. The distance between the highest point of the structure and the lowest point at the natural grade or finished cut shall not exceed 18 feet.
b. 
Structures on ridgetops.
Pitched roofs are prohibited on ridgetops throughout the planning area.
3. 
Storm Drainage.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
In order to protect the Little Tesuque and Big Tesuque rivers from siltation and contaminants, drainage from all land uses which may discharge runoff containing high nitrogen content or other contaminants, such as stables or kennels, shall be retained in ponds which must be setback set back [sic] a minimum of 25 feet from the natural edge of the river or FEMA designated floodplain, whichever is closer. Retention ponds shall be cleaned regularly to maintain their planned capacity and shall be incorporated into the landscaping to maintain the integrity of aesthetics for the site.
4. 
Landscaping.
These standards apply to all new structures and additions to existing structures located on development sites where any portion of the land has a natural slope prior to development of 15% or greater, and on ridgetops.
a. 
Indigenous evergreen trees at least 5 feet tall and approximating the original density and type existing on the site prior to disturbance shall be used for screening and buffering of structures and cuts and fills, where required, in order to maintain year-round screening.
b. 
Cut slopes with a slope or retaining wall closer than 6 feet from the edge of a road or driveway, where the planting area for trees is limited, may be screened with a trellis supporting planted vegetation or some other similar means which creates a natural screened effect.
9.5.2.5 
Special Protection of Riparian Areas.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Native vegetation endemic to riparian areas are exempted from the xeriscape requirements set forth in Chapter 7 of this Code.
9.5.2.6 
Special Protection of Wildlife Corridors.
In all instances where wildlife corridors exist, they must be identified in the application or during the application process so development can be adjusted to avoid disturbance.
9.5.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.5.3.1 
Generally.
The TCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.5.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the TCD are listed in Table 9-5-1.
Table 9-5-1: Tesuque Base Zoning Districts
RUR-R
Rural Residential
RES-F
Residential Fringe
RES-E
Residential Estate
RES-C
Residential Community
TC
Traditional Community
PI
Public/Institutional
1. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the TCD Use Table [Table 9-5-10] and below:
a. 
Research and development services:
i. 
Animal testing is prohibited.
b. 
Active leisure sports and related activities:
i. 
Shooting activities and archery are prohibited.
c. 
Commercial and crop production greenhouses:
i. 
Limited to 3,000 square feet.
d. 
Weather stations or transmitters:
i. 
Limited to 10 feet in height.
e. 
Accessory farm structures, sheds, and agricultural facilities:
i. 
In all zoning districts, farming related structures, sheds and other agricultural facilities are considered accessory to the primary use of crop production.
2. 
Lot coverage.
The standards shall be regulated as identified in Chapter 8 of this Code with the following exceptions:
a. 
Residential Uses.
The maximum lot coverage throughout the Tesuque Community Planning Area is 20%, calculated by the combined roofed area of principal and accessory structures.
b. 
Nonresidential Uses.
The maximum lot coverage throughout the Tesuque Community Planning Area is 20%, calculated by the combined roofed area of all structures, parking areas and driveways.
i. 
In the event that an existing nonconforming use is replaced with a similar use, the same or similar lot coverage of the previous use may be maintained.
c. 
Density Transfer.
Whenever density transfers are used to create open space in perpetuity by easement or other legal means, and new lots are created, maximum lot coverage shall increase up to 50% and shall be calculated based on each individual new development lot.
3. 
TCD Rural Residential (TCD RUR-R); Purpose.
The purpose of this district is to provide for the development of single-family homes on large lots, either individually or as part of rural subdivisions; to preserve the scenic and rural character of the County; to provide consolidated open space and agricultural lands; and to recognize the desirability of carrying on compatible agricultural operations and home development in areas near the fringes of urban development while avoiding unreasonable restrictions on farming or ranching operations. This designation applies to two areas encompassing approximately 420 acres that cover large residential lots located in the foothills which border Santa Fe National Forest. This zoning district is characterized by less level, buildable area and more sloping terrain. Most of the area has good tree cover, with piñon and juniper trees predominant in the landscape. Many of the residential lots that are less than 10 acres are associated with land set aside as conservation easements or permanent open space. Uses limited to single-family residential development, agricultural related uses and home occupations that are residential in scale.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the TCD Use Table [Table 9-5-10].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-5-2:
Table 9-5-2: Dimensional Standards TCD RUR-R (Rural Residential)
Zoning District
TCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
20
4. 
TCD Residential Fringe (TCD RES-F); Purpose.
The purpose of this district is to designate areas associated primarily with contemporary residential subdivisions that were established off the valley floor in the surrounding piñon/juniper covered hills. The East Ridge District encompasses approximately 185 acres in the northeast portion of the plan area and abutting the Santa Fe National Forest. The West Ridge District encompasses approximately 1025 acres along the western boundary of the plan area abutting highway U.S. 285. Uses are limited to single-family residential development, agricultural related uses and home occupations that are residential in scale.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on TCD Use Table [Table 9-5-10].
i. 
Community Center:
(a) 
Conditional Use only allowed with access from Bishops Lodge or Tesuque Village Road.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-5-3.
Table 9-5-3: Dimensional Standards TCD RES-F (Residential Fringe)
Zoning District
TCD RES-F
Density (# of acres per dwelling unit)
5
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
20
5. 
TCD Residential Estate (TCD RES-E); Purpose.
The purpose of this district is to designate properties that are situated on a flat ridge above the valley floor adjacent to Bishops Lodge Hills Subdivision and accessed by either Mama Kay Way or Eccola Lane or Bauer Road. This area should continue to evolve as a primarily low-density single-family residential district with appropriate infrastructure and options for clustering in conjunction with contiguous common areas or conservation easements.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified below and on TCD Use Table [Table 9-5-10].
i. 
Stables and other equine-related facilities - All personal and commercial up to 12 horses:
(a) 
Stables and other equine-related facilities limited to 4 horses in this zoning district.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-5-4.
Table 9-5-4: Dimensional Standards TCD RES-E (Residential Estate)
Zoning District
TCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
20
6. 
TCD Residential Community (TCD RES-C); Purpose.
The purpose of this district is to recognize the area along both the Big and Little Tesuque Rivers as the green heart of the plan area and the feature that differentiates Tesuque from other areas. It encompasses more than 850 acres and represents much of Tesuque’s historic and agricultural past, as well as the community’s hopes for continued agricultural use in the future. Preservation of this area as rural and open is tied to the need to keep the lands available and suitable for pastures, orchards and other agricultural uses; and for the preservation of the acequias. Uses are limited to single-family residential development, agricultural related uses, home occupations, and small-scale commercial uses centrally located near the intersection of Bishops Lodge Road and Tesuque Village Road. (See Tesuque Rural Commercial Overlay.)
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on TCD Use Table [Table 9-5-10] and as prescribed below:
i. 
Stables and other equine-related facilities - All personal and commercial up to 12 horses:
(a) 
Stables and other equine-related facilities limited to 4 horses in this zoning district.
ii. 
Community Center:
(a) 
Conditional Use only allowed with access from Bishops Lodge or Tesuque Village Road.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-5-5.
Table 9-5-5: Dimensional Standards TCD RES-C (Residential Community)
Zoning District
TCD RES-C
Density (# of acres per dwelling unit)
1*
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
20
*Subject to Open Space Design Standards below.
i. 
Density.
Density for the TCD RC is one dwelling unit per acre subject to the Open Space Design Standards identified below.
(a) 
Open Space Design Standards:
A minimum of 75% of the gross area of the lot must be identified on the plat or through a conservation easement as open space in order to meet planning objectives including preservation of visual open space, grazing, or other agricultural lands; trail easements; or the preservation of historic and cultural sites to meet the base density. Structures on the open space areas are prohibited. The open space conservation area shall include arable, irrigable land including grazing land and land associated with any acequia system if these conditions are present on the property.
(b) 
Solid walls are prohibited. Any fencing shall allow for unobstructed views of the property.
(c) 
If the property does not meet the open space design standards above, density shall be a minimum of one dwelling unit per 1.5 acres.
7. 
TCD Traditional Community (TCD TC); Purpose.
The purpose of the TCD TC district is to continue to reflect the unique historic development patterns of the old village with a mixed pattern of lot sizes and shapes and housing types. This district is primarily single-family residential district consistent with historic options for compact residential development including clustered housing, family compounds, and secondary dwelling units. Community facilities, institutional uses, agricultural uses, and home occupations that are residential in scale are appropriate in the district. The TCD Traditional Community district accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses, including agricultural found in traditional communities with acequia systems, from encroachment by development.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on TCD Use Table [Table 9-5-10] and as prescribed below:
i. 
Stables and other equine-related facilities - All personal and commercial up to 12 horses:
(a) 
Stables and other equine-related facilities limited to 4 horses in this zoning district.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-5-6.
Table 9-5-6: Dimensional Standards TCD TC (Traditional Community)
Zoning District
TCD TC
Density (# of acres per dwelling unit)
.75*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
36
Height (maximum, feet) all other structures
20
Maximum building size (commercial)
2,500 sq. ft.
*Base density may not be adjusted through Density Bonus.
i. 
Density.
The minimum lot size for TCD Traditional Community is 1 dwelling unit/.75 acres.
ii. 
Setbacks.
A minimum of 10 feet is required between neighboring dwelling units. Where zero lot lines are existing, new development on neighboring lots requires a 10-foot minimum setback between property line and structure.
8. 
TCD Public/Institutional (TCD PI); Purpose.
The purpose of the TCD PI district is to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the TCD Use Table [Table 9-5-10].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in Table 9-5-7.
Table 9-5-7: Dimensional Standards TCD PI (Public/Institutional)
Zoning District
TCD PI
Density (# of acres per dwelling unit)
.75
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
20
Lot coverage (maximum, percent)
20
9. 
Existing Master Plans Identified as PDDs (Planned Development Districts).
In order to recognize existing approvals, PDDs identified on the initial zoning map may be built out in accordance with their approved master plans approved prior to the effective date of this SLDC.
a. 
Expansion of existing PDDs.
Nonresidential structures within an existing PDD may expand up to twenty-five [percent] (25%) under a conditional use permit.
9.5.4 
TCD Overlay Zones.
9.5.4.1 
Tesuque Rural Commercial Overlay (TCD O-RC); Purpose.
The Rural Commercial Overlay is intended to support the needs of the community and to retain the predominantly residential character of the Village. Commercial uses that are small in scale are appropriate within this overlay zone in order to support the development of the village as a mix of residential and commercial. Commercial development should support local employment and provide local services which do not disrupt the quiet of the Village and promote self-sufficiency for the community.
1. 
Location.
The Tesuque Rural Commercial Overlay district is identified on the Official Zoning Map. The TCD Rural Commercial Overlay includes two subdistricts: Area A and Area B:
2. 
TCD O-RC Area A.
Area A is centrally located within the village core and covers lots or portions of lots with established historic commercial land uses. Area A Subdistrict has frontage on Bishops Lodge Road and/or Tesuque Village Road. The area is envisioned to continue as mixed-use village area supporting neighborhood scale retail and commercial uses, community facilities and open space.
a. 
Uses permitted, conditional, accessory and prohibited as regulated in the base zoning districts, with exceptions identified below:
i. 
Conditional Uses.
The following uses may be allowed in TCD O-RC Area A upon the issuance of a conditional use permit, provided the maximum floor area for each establishment shall not exceed five thousand (5,000) square feet:
(a) 
Community Services, such as retirement housing, assisted living facilities, life care or continuing care facilities, skilled nursing facilities, library, museum, postal services, bus stop shelters, and community center (only with access from Bishops Lodge Road); and
(b) 
Small-scale lodging, such as bed and breakfast inns (up to 7 units), rooming and boarding housing (up to 7 units), and retreats (up to 6 events per year, no more than 3 days per week, and no more than 10 participants at a time); and
(c) 
Retail services market shops and open markets, convenience stores, offices/stores with residence on top; and
(d) 
Entertainment facilities such as fitness, recreational sports, gyms, and athletic clubs (archery is prohibited), exhibitions and art galleries, performing arts and supporting establishments, bars, taverns, and nightclubs.
(i) 
Bars, taverns and nightclubs may replace existing facilities only.
ii. 
Dimensional Standards.
See Base Zoning Districts: TCD-TC and TCD-RUR.
3. 
TCD O-RC Area B.
Area B is located along Tesuque Village Road just east of the interchange with U.S. 285 on approximately 9 acres of vacant land that abuts public right-of-way on three sides; Tesuque Village Road on the south and east and Highway U.S. 285 on the west. Area B Subdistrict functions as a gateway to Tesuque. The area is envisioned to be appropriate for neighborhood-scaled and neighborhood-oriented mixed uses, including commercial offices, live-work units, studios, restaurants, retail of primarily locally produced goods, community services, recreation amenities. Area B Subdistrict is not appropriate for travel services, highway oriented development or retail where the majority of goods are not produced locally.
a. 
Uses permitted, conditional, accessory and prohibited as regulated in the base zoning districts, with exceptions identified below:
i. 
Conditional Uses.
The following uses may be allowed in TCD O-RC Area B Subdistrict upon the issuance of a conditional use permit, provided the maximum floor area for each establishment shall not exceed five thousand (5,000) square feet:
(a) 
Community Services, such as retirement housing, assisted living facilities, life care or continuing care facilities, skilled nursing facilities, medical clinics, social/charitable services, services for the disabled, public safety, police, fire and emergency facilities, library, museum, postal services, bus stop shelters, and community center (only with access from Bishops Lodge Road); and
(b) 
Small-scale lodging, such as bed and breakfast inns (up to 7 units), rooming and boarding housing (up to 7 units), and retreats (up to 6 events per year, no more than 3 days per week, and no more than 10 participants at a time); and
(c) 
Retail services market shops and open markets, convenience stores, offices/stores with residence on top; and
(d) 
Entertainment facilities such as fitness, recreational sports, gyms, and athletic clubs (archery is prohibited), exhibitions and art galleries, performing arts and supporting establishments, theater, dance, or music establishments, and permanent outdoor stage/bandstand; and
(e) 
Research and development services including scientific, medical and technological. Animal testing is prohibited.
ii. 
Dimension Standards.
See Base Zoning Districts: TCD-TC and TCD-RUR.
9.5.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.5.5.1 
Accessory Dwelling Units.
1. 
Accessory Dwelling Units are allowed as a conditional use throughout the zoning district.
2. 
At the time of application, it is required that the primary dwelling unit is owner-occupied.
9.5.5.2 
Home Occupations; Purpose.
Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exceptions as identified in Table 9-5-8.
1. 
Medium Impact Home Occupations are prohibited throughout the TCD.
Table 9-5-8: TCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
n/a
Non-resident employees (max)
1
2
n/a
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
n/a
Accessory building storage
100 SF
600 SF
n/a
Appointments/patron visits (max/day)
0
6
n/a
Business traffic
none
see Section 10.6.5
n/a
Signage
not permitted
see Section 7.9.4.3 [sic]
n/a
Parking and access
Resident and employee only
see Section 10.6.5
n/a
Heavy Equipment
None
Up to 2
n/a
9.5.6 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the TCD Use Table 9-5-10. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-5-9. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-5-9: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-5-10: Tesuque Community District Use Table
Use
Function
Structure
Activity
TCD RUR-R
TCD RES-F
TCD RES-E
TCD RES-C
TCD TC
TCD PI
Special Conditions
Residential
Single-family
1110
P
P
P
P
P
A
Accessory dwelling units
 
1130
 
C
C
C
C
C
A
Ch. 10
Townhouses
 
 
 
X
X
X
X
P
A
 
Multifamily dwellings
1202-99
X
X
X
X
P
A
 
Retirement housing
1210
 
 
X
X
X
X
X
C
 
Assisted living facility
1230
 
 
X
X
X
X
X
C
 
Life care or continuing care facilities
1240
 
 
X
X
X
X
X
C
 
Nursing facilities
1250
 
 
X
X
X
X
X
C
 
Community home, NAICS 623210
 
 
 
P
P
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
C
C
C
C
C
C
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
X
X
X
X
X
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
X
X
X
X
X
 
Resorts
 
 
 
X
X
X
X
X
X
 
Retreats
 
 
 
C
X
X
X
X
C
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
C
X
C
C
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
C
X
C
C
X
 
Store or shop without drive through facility
 
2230
 
X
C
X
C
C
X
 
Department store
 
2240
 
X
X
X
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
X
X
X
X
 
Gasoline station
 
2270
 
X
X
X
X
X
X
 
Automobile repair and service
 
2280
 
X
X
X
X
X
X
 
Car dealer
2111
 
 
X
X
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
X
X
 
Boat or marine craft dealer
2114
 
 
X
X
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
X
X
 
Gasoline service
2116
 
 
X
X
X
X
X
X
 
Lumberyard and materials
2126
 
 
X
X
X
X
X
X
 
Outdoor resale business
2145
 
 
X
C
X
C
C
X
 
Pawnshops
NAICS 522298
X
X
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
C
X
C
C
X
 
Shopping center
2510-2580
X
X
X
X
X
X
 
Convenience stores or centers
 
2591
 
X
X
X
X
X
X
 
Car care center
 
2593
 
X
X
X
X
X
X
 
Carwashes
NAICS 811192
X
X
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
C
X
X
X
X
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
X
X
X
X
 
Office - over storefront structure
 
2400
 
X
X
X
X
X
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
X
X
X
X
Ch. 9
Car rental and leasing
2331
 
 
X
X
X
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
X
X
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
X
X
 
Heavy construction
7400
 
 
X
X
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
X
X
X
 
Automotive paint and body
 
 
 
X
X
X
X
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
X
X
X
 
Movie theater
 
 
3120
X
X
X
X
X
X
 
Amphitheater
 
 
3130
X
X
X
X
X
X
 
Drive-in theaters
 
 
3140
X
X
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
X
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
X
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
X
X
X
C
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
X
X
X
 
Skating rinks
5390
 
 
X
X
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
P
P
 
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
X
X
C
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
C
C
C
C
C
C
*
Passive open space
6340
 
 
P
P
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
C
C
C
C
C
C
Ch. 9
Movie ranch
 
 
 
X
X
X
X
X
X
 
Camps, camping, and related establishments
5400
 
 
X
X
X
X
X
X
 
Exhibitions and art galleries
 
4410
 
X
X
X
X
X
C
 
Performing arts or supporting establishment
5100
 
 
X
X
X
X
X
C
 
Theater, dance, or music establishment
5101
 
 
X
X
X
X
X
C
 
Institutional or community facilities
Community center
 
2200
 
X
C
X
C
X
P
Ch. 9
Hospitals
 
4110
 
X
X
X
X
X
X
 
Medical clinics
 
4120
 
X
X
X
X
X
C
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
C
X
C
X
C
 
Child and youth services
6561
 
 
X
C
X
C
X
C
 
Child care institution
6562
 
 
P
P
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
P
P
 
Community food services
6563
 
 
X
X
X
X
X
C
 
Emergency and relief services
6564
 
 
X
X
X
X
X
C
 
Other family services
6565
 
 
X
X
X
X
X
C
 
Services for elderly and disabled
6566
 
 
X
X
X
X
X
C
 
Animal hospitals
6730
 
 
X
X
X
X
X
C
 
School or university (privately owned)
 
4200
 
P
P
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
X
X
X
X
X
X
 
Technical, trade, and other specialty schools
6140
4230
 
X
X
X
X
X
X
 
Library
 
4300
 
X
X
X
X
X
C
 
Museum, exhibition, or similar facility
5200
4400
 
X
X
X
X
X
C
 
Planetarium
 
4420
 
X
X
X
X
X
C
 
Aquarium
 
4430
 
X
X
X
X
X
X
 
Zoological parks
 
4450
 
X
X
X
X
X
X
 
Public safety related facility
 
 
4500
X
X
X
X
X
C
 
Fire and rescue station
 
 
4510
X
X
X
X
X
C
 
Police station
 
 
4520
X
X
X
X
X
C
 
Emergency operation center
 
 
4530
X
X
X
X
X
C
 
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
X
X
X
X
X
C
 
Funeral homes
 
 
4800
X
X
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
X
X
 
Public administration
 
6200
 
X
X
X
X
X
C
 
Post offices
 
6310
 
X
X
X
X
X
P
 
Space research and technology
 
6330
 
X
X
X
X
X
C
*
Clubs or lodges
 
 
 
X
X
X
X
X
X
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
X
X
X
 
Surface parking, open
 
5210
 
X
X
X
X
X
A
 
Surface parking, covered
 
5220
 
X
X
X
X
X
A
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
X
X
 
Bus stop shelter
 
5300
 
X
X
X
X
X
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
X
X
X
C
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
X
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
X
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
X
X
X
 
Commercial airports
 
5600
 
X
X
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
P
P
P
P
P
P
 
Telecommunications lines
 
 
 
P
P
P
P
P
P
 
Electric power substations
 
 
 
X
X
X
X
X
X
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
X
X
 
Dam
 
6220
 
X
X
X
X
X
X
 
Livestock watering tank or impoundment
 
 
 
P
P
P
P
P
P
 
Levee
 
6230
 
X
X
X
X
X
X
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
C
C
C
C
C
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
C
C
C
C
C
C
 
Water treatment and purification facility
 
6270
 
C
C
C
C
C
C
 
Water reservoir
 
6280
 
C
C
C
C
C
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
P
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
C
C
C
C
C
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
X
X
 
Composting facility
 
6330
 
C
C
C
C
X
C
 
Recycling transfer center
 
6331
 
X
X
X
X
X
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
C
C
C
X
X
C
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
X
X
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
C
C
C
C
P
 
Amateur radio antenna
 
6510
 
X
X
X
X
X
X
 
Weather stations
 
6520
 
C
X
X
X
C
C
Ch. 9
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
P
P
P
 
Commercial solar energy production facility
 
 
 
X
X
X
X
X
X
 
Geothermal production facility
 
6450
 
X
X
X
X
X
X
 
Large-scale wind facility
 
 
 
X
X
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
X
X
X
X
X
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
X
X
X
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
A
A
A
A
A
A
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
X
X
X
 
Commercial greenhouses
 
8500
 
C
C
C
C
C
C
Ch. 9
Nurseries and other growing of ornamental plants
 
 
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
P
P
P
P
Ch. 9
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
X
X
X
X
X
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
X
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
P
P
Ch. 9
Display or sale of agricultural products raised on the same premises
 
 
 
X
X
X
C
C
C
 
Forestry and logging operations
9300
 
 
X
X
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
X
X
X
X
X
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
C
C
C
C
C
C
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
A
A
Ch. 9
Poultry farms and poultry production facilities
 
8220
 
X
X
X
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
A
A
Ch. 9
Animal waste lagoons
 
8420
 
X
X
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand
and gravel extraction
 
 
 
X
X
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.6.1 
Purpose and Intent.
The provisions of the Madrid Community District (MCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Madrid Community Plan and the Sustainable Growth Management Plan (SGMP). The MCD is designed to preserve the rural character, community self-sufficiency, history and culture of Madrid to help manage growth, maintain sustainable water and wastewater, preserve a high quality of life and protect and strengthen relationships between neighbors, accommodate a variety of lifestyles and meet future needs.
9.6.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.6.2.1 
Setbacks.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Minimum front setback shall be 8 feet.
2. 
Minimum side and rear setback shall be 10 feet.
9.6.2.2 
Signs.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Backlit, plastic, and neon signs are prohibited.
9.6.2.3 
Water Supply, Wastewater and Water Conservation.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Water Conservation; Nonresidential.
New nonresidential establishments shall make connection to a public or publicly-regulated private water system when the utility becomes ready, willing and able to supply the development. New nonresidential development will be required to limit water consumption to .25 acre-feet per year.
2. 
Wastewater; Nonresidential.
New nonresidential establishments must provide proof of adequate restroom facilities before business licenses will be granted to ensure that nonresidential establishments have adequate restroom facilities to serve demand generated by their business activities. Facilities shall include on-site restroom(s), portable facilities, shared facilities with another establishment or other types of facilities which meet applicable public restroom facility standards.
9.6.2.4 
Terrain Management.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Steep Slopes and Ridges.
These standards apply to all new structures and additions to existing structures located on development sites where any portion of the land has a natural slope prior to development of 15% or greater, and on ridgetops.
2. 
Viewshed Preservation.
In order to preserve the unobstructed horizons surrounding Madrid, no portion of a residential, commercial, or any other structure shall be visible above a ridgetop when viewed from the centerline of NM 14 at the nearest spot on the highway with a direct view of the proposed structure.
3. 
Ridgetop Protection.
Where a ridgetop measures more than two hundred feet (200’) from shoulder to shoulder (a mesa), the ridgetop standards and requirements for the architecture and buffers shall apply within two hundred feet (200’) of the shoulder of the ridge and setbacks will be directed away from the portion of property most visible from the major roadway as described above.
4. 
Landscaping and Screening.
Evergreen trees at least 5 feet tall shall be used for screening and buffering of structures, cuts and fills in order to maintain year-round screening of previously disturbed areas.
a. 
Cut slopes with a slope or retaining wall closer than 6 feet from the edge of a road or driveway, where the planting area for trees is limited, may be screened with a trellis supporting planted vegetation or other similar means.
9.6.2.5 
Special Protection of Riparian Areas.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Native vegetation endemic to riparian areas is exempted from the xeriscape requirements set forth in Chapter 7 of this Code.
9.6.2.6 
Greenbelt Traffic Restrictions.
All motorized vehicular traffic in the MCD greenbelt area, as identified in Appendix C:[1] SLDC Official Map Series, Map 5 “Open Space and Trails” shall be prohibited with the exception of traffic on existing road easements and uses such as emergency purposes and water cooperative maintenance.
[1]
Editor’s note–Appendix C is included as an attachment to this exhibit.
9.6.2.7 
Wildlife Corridors.
In all instances where wildlife corridors exists, they must be identified in the application or during the application process so development can be adjusted to avoid disturbance.
9.6.2.8 
Density Transfer.
Whenever density transfers are used to create open space in perpetuity by easement or other legal means, and when new lots are created, maximum lot coverage shall increase to 50% and shall be calculated based on each individual new development lot.
9.6.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.6.3.1 
Generally.
The MCD Overlay modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of this Code, the standard of this overlay zone shall govern.
9.6.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the MCD are listed in Table 9-6-1:
Table 9-6-1: Madrid Base Zoning Districts
RUR
Rural
TC
Traditional Community
CN
Commercial Neighborhood
PI
Public/Institutional
1. 
MCD Rural (MCD RUR); Purpose.
The purpose of this district is to designate areas suitable for a combination of agricultural, equestrian, residential and other compatible uses. The intent of the MCD RUR district is to protect agricultural uses from encroachment by development and to support agricultural ranch, very large lot residential, and ecotourism uses. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on MCD Use Table [Table 9-6-8].
i. 
Hotels, motels and tourist courts:
(a) 
Only tourist courts are permitted.
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code, Rural, except as prescribed in MCD Table 9-6-2.
Table 9-6-2: Dimensional Standards MCD RUR (Rural)
Zoning District
MCD RUR-R
Density (# of acres per dwelling unit)
40
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo, water tower
36
Height (maximum, feet) all other structures
25
Lot coverage residential and nonresidential structures (maximum, percent)
5
2. 
MCD Traditional Community (MCD TC); Purpose.
The purpose of this district is to continue to reflect the unique historic development patterns of the old village with a mixed pattern of lot sizes and shapes and housing types. It should remain as a place where people work and live consistent with historic options for compact residential development including clustered housing, family compounds, and secondary dwelling units. Community facilities, institutional uses, agricultural uses, and home occupations that are residential in scale should continue to be allowed anywhere in the district. The MCD TC accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses.
a. 
Use Regulations.
Uses permitted, conditional, accessory and prohibited as identified in Chapter 8 of Appendix B of this Code with exceptions identified on MCD Use Table [Table 9-6-8].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code, Traditional Community, except as prescribed in MCD Table 9-6-3.
Table 9-6-3: Dimensional Standards MCD TC (Traditional Community)
Zoning District
MCD TC
Density (# of acres per dwelling unit)
.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
25
Height (maximum, feet), hay or animal barn, silo
36
Maximum building size (nonresidential)
2,500 sq. ft.
Lot coverage residential/nonresidential (maximum, percent) for lots equal to or greater than .75 acres
25*
*If the existing lot is less than .75 acres, the lot coverage can be adjusted up to a maximum of 50%.
3. 
MCD Commercial Neighborhood (MCD CN); Purpose.
The purpose of this district is to allow for residential and low-intensity nonresidential uses that are intended to serve and are in close proximity to individual residential neighborhoods.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on MCD Use Table [Table 9-6-8].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-6-4.
Table 9-6-4: Dimensional Standards MCD CN (Commercial Neighborhood)
CN Zoning District
[MDC] CN
Density
.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
25
4. 
MCD Public/Institutional (MCD PI); Purpose.
The purpose of this district is to continue to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 of this Code with exceptions identified on MCD Use Table [Table 9-6-8].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in MCD Table 9-6-5.
c. 
Architectural Design Standards.
In order to preserve the historical design character of Madrid, any new development on MCD PI property shall be designed to integrate with the general style of Madrid.
Table 9-6-5: Dimensional Standards MCD PI (Public/Institutional)
Zoning District
LCCD PI [MCD PI]
Density (# of acres per dwelling unit)
.75
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
25
Lot coverage residential and nonresidential (maximum, percent)
25
9.6.4 
MCD Overlay Zones.
9.6.4.1 
Madrid Rural Commercial Overlay (MCD O-RC); Purpose.
The MCD O-RC accommodates the development of small-scale business, commercial, service-related, and limited manufacturing activities that have adequate facilities and would not cause a detriment to any abutting residential lands. This zone is appropriate for areas where such development should logically locate because of established, historic land use patterns in Madrid, planned or existing public facilities, and appropriate access.
1. 
Location.
The MCD O-RC is appropriate for use in the MCD RUR and MCD TC districts so long as the property is directly adjacent to NM 14 and within the Planning Area. Commercial and nonresidential development shall conform to all requirements of this Code.
2. 
Uses permitted, conditional, accessory and prohibited as regulated in the MCD TC and MCD RUR Base Zoning Districts, with exceptions identified below:
a. 
Permitted Uses.
In addition to those uses allowed by the underlying zoning, the following uses are allowed in the MCD O-RC upon the issuance of a development permit, and shall not exceed two thousand five hundred (2,500) square feet:
i. 
Commercial and retail shops and stores, exhibition spaces and art galleries, performing arts, bicycle sales, rentals, leasing and repair shops, offices and stores with residence included, bed and breakfast inns, rooming and boarding houses and retreats; and
ii. 
Public recreation facilities, bus shelters, community food services and social services, fire and rescue, agricultural production and sales, greenhouses; and
iii. 
Utility services including, local water storage, distribution, treatment and fire protection; other local utility services including wastewater, natural gas, telecommunications and electricity distribution facilities or similar technical installations essential to the operation of a public utility.
b. 
Conditional Uses.
The following uses may be allowed in the MCD O-RC upon the issuance of a conditional use permit, and shall not exceed two thousand five hundred (2,500) square feet:
i. 
Community Services such as library, museum, postal services, electric car charging stations, community center, library, planetarium, public safety facilities, surface parking facilities and rail line stops for public transportation and highway rest stops/welcome centers.
ii. 
Health care services such as medical clinics, child/adult/elder health care services, retirement housing, assisted living facilities, life care or continuing care facilities and skilled nursing facilities.
iii. 
Agricultural and environmental related uses such as animal hospitals, grain silos, commercial greenhouses, nurseries, game preserves and retreats, ag/forestry support services and composting facilities.
iv. 
Communication services such as radio, weather and environmental monitoring station and wireless communication transmitters, commercial solar electricity production, and broadcasting station.
v. 
Entertainment facilities such as, theaters/dance/music establishments, exhibitions and art galleries, performing arts and supporting establishments, permanent outdoor stage and bandstands, public art installations, fitness, recreational sports, gyms, and athletic clubs, mini golf and bowling/billiards/pool hall.
vi. 
Supplemental Conditional Uses; MCD TC.
The following uses are only allowed in the MCD O-RC within the MCD TC Base Zoning District: bars, taverns, nightclubs and tattoo parlors.
vii. 
Supplemental Conditional Uses; MCD RUR.
The following uses are only allowed in the MCD O-RC within the MCD-RUR Base Zoning District: Tourist courts, camps/camping and related establishments, cemeteries, clubs or lodges, commercial parking garages, aircraft facilities, recycling transfer center, geothermal productions facility, large-scale wind facility, stables and other equine facilities.
3. 
Dimensional Standards.
See Base Zoning Districts: MCD TC and MCD RUR.
4. 
Architectural Design Standards.
In order to preserve the unique design character of Madrid, any new nonresidential development under the MCD O-RC shall be designed to integrate with the general style of the MCD.
9.6.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.6.5.1 
Accessory Dwelling Units.
Accessory Dwelling Units are allowed as a conditional use throughout the zoning district.
1. 
At the time of application, the primary dwelling unit shall be owner-occupied.
9.6.5.2 
Home Occupations.
Purpose: Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exceptions as identified in Table 9-6-6.
1. 
Medium Impact Home Occupations, as identified in Chapter 10 of this Code are prohibited throughout the Madrid Community Planning Area.
2. 
Home Occupation Parking.
Parking for Home Occupations shall be provided on-site, as practicable. If, due to the historic land use or small lot development pattern of Madrid, conditions prohibit parking on-site, then the Home Occupation proprietor shall provide alternative parking sites for customers, staff and home occupation related vehicles.
Table 9-6-6: MCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
n/a
Non-resident employees (max)
1
2
n/a
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
n/a
Accessory building storage
100 SF
600 SF
n/a
Appointments/patron visits (max/day)
0
6
n/a
Business traffic
none
see Section 10.6.5
n/a
Signage
not permitted
see Section 7.9.4.3 [sic]
n/a
Parking and access
Resident and employee only
see Section 10.6.5
n/a
Heavy Equipment
None
Up to 2
n/a
9.6.6 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the MCD Use Table 9-6-8. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-6-7. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-6-7: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-6-8: MCD Use Table
Use
Function
Structure
Activity
MCD RUR
MCD TC
MCD CN
MCD PI
Special Conditions
Residential
Single-family
1110
P
P
P
X
Accessory dwelling units
 
1130
 
C
C
C
X
Ch. 9 & 10
Townhouses
 
 
 
X
X
X
X
 
Multifamily dwellings
1202-99
C
C
C
X
 
Retirement housing
1210
 
 
C
C
C
X
 
Assisted living facility
1230
 
 
C
C
C
X
 
Life care or continuing care facilities
1240
 
 
C
C
C
X
 
Nursing facilities
1250
 
 
C
C
C
X
 
Community home, NAICS 623210
 
 
 
P
P
P
X
 
Barracks
 
1310
 
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
C
C
C
X
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
X
X
P
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
X
P
X
 
Resorts
 
 
 
X
X
C
X
 
Retreats
 
 
 
X
X
P
C
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
Ch. 9
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
C
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
C
X
 
Store or shop without drive through facility
 
2230
 
X
X
P
X
 
Department store
 
2240
 
X
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
C
C
 
Gasoline station
 
2270
 
X
X
X
X
 
Automobile repair and service
 
2280
 
X
X
C
X
 
Car dealer
2111
 
 
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
P
X
 
Boat or marine craft dealer
2114
 
 
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
 
Gasoline service
2116
 
 
X
X
X
X
 
Lumberyard and materials
2126
 
 
X
X
C
X
 
Outdoor resale business
2145
 
 
X
X
C
X
 
Pawnshops
NAICS 522298
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
X
 
Shopping center
2510-2580
X
X
X
X
 
Convenience stores or centers
 
2591
 
X
X
X
X
 
Car care center
 
2593
 
X
X
X
X
 
Carwashes
NAICS 811192
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
C
X
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
P
X
 
Office - over storefront structure
 
2400
 
X
X
P
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
C
X
 
Car rental and leasing
2331
 
 
X
X
C
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
X
 
Bars, taverns and nightclubs
 
 
 
X
X
C
X
 
Sexually oriented business
 
 
 
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
C
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
 
Heavy construction
7400
 
 
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
X
 
Automotive paint and body
 
 
 
X
X
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
C
C
 
Movie theater
 
 
3120
X
X
C
X
 
Amphitheater
 
 
3130
X
X
C
C
 
Drive-in theaters
 
 
3140
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
C
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
C
X
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
C
X
 
Skating rinks
5390
 
 
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
 
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
C
C
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
X
X
X
P
*
Passive open space
6340
 
 
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
X
X
C
C
 
Movie ranch
 
 
 
X
X
X
X
 
Camps, camping, and related establishments
5400
 
 
X
X
X
X
 
Exhibitions and art galleries
 
4410
 
X
X
P
X
 
Performing arts or supporting establishment
5100
 
 
X
X
P
X
 
Theater, dance, or music establishment
5101
 
 
X
X
C
C
 
Institutional or community facilities
Community center
 
2200
 
X
X
C
P
 
Hospitals
 
4110
 
X
X
X
X
 
Medical clinics
 
4120
 
X
X
C
C
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
X
P
P
 
Child and youth services
6561
 
 
X
X
C
C
 
Child care institution
6562
 
 
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
 
Community food services
6563
 
 
X
X
P
P
 
Emergency and relief services
6564
 
 
X
X
C
C
 
Other family services
6565
 
 
X
X
C
C
 
Services for elderly and disabled
6566
 
 
X
X
C
C
 
Animal hospitals
6730
 
 
X
X
C
X
 
School or university (privately owned)
 
4200
 
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
X
X
C
X
 
Technical, trade, and other specialty schools
6140
4230
 
X
X
C
X
 
Library
 
4300
 
X
X
C
C
 
Museum, exhibition, or similar facility
5200
4400
 
X
X
C
C
 
Planetarium
 
4420
 
X
X
C
C
 
Aquarium
 
4430
 
X
X
X
X
 
Zoological parks
 
4450
 
X
X
X
X
 
Public safety related facility
 
 
4500
X
X
C
C
 
Fire and rescue station
 
 
4510
X
X
P
P
 
Police station
 
 
4520
X
X
X
X
 
Emergency operation center
 
 
4530
X
X
X
X
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
X
X
X
X
 
Funeral homes
 
 
4800
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
 
Public administration
 
6200
 
X
X
X
X
 
Post offices
 
6310
 
X
X
C
C
 
Space research and technology
 
6330
 
X
X
C
X
*
Clubs or lodges
 
 
 
X
X
X
X
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
C
C
 
Commercial automobile parking garages
 
 
 
X
X
X
X
 
Surface parking, open
 
5210
 
X
X
C
C
 
Surface parking, covered
 
5220
 
X
X
C
C
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
 
Bus stop shelter
 
5300
 
X
X
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
C
C
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
C
X
 
Commercial airports
 
5600
 
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
C
C
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
C
C
 
Railroad freight facility
 
5702
 
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
X
X
P
P
 
Telecommunications lines
 
 
 
X
X
P
P
 
Electric power substations
 
 
 
X
X
X
X
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
 
Dam
 
6220
 
X
X
C
C
 
Livestock watering tank or impoundment
 
 
 
X
X
C
C
 
Levee
 
6230
 
X
X
C
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
X
X
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
X
X
P
P
 
Water treatment and purification facility
 
6270
 
X
X
P
P
 
Water reservoir
 
6280
 
X
X
P
P
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system
irrigation
 
6290
 
X
X
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
X
X
P
P
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
 
Composting facility
 
6330
 
X
X
C
C
 
Recycling transfer center
 
6331
 
X
X
X
C
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
C
C
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
C
P
P
 
Amateur radio antenna
 
6510
 
X
X
C
C
 
Weather stations
 
6520
 
X
X
C
C
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
X
X
C
C
 
Commercial solar energy production facility
 
 
 
X
X
C
C
 
Geothermal production facility
 
6450
 
X
X
X
C
 
Large-scale wind facility
 
 
 
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
X
C
C
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
X
X
C
C
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
C
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
X
X
C
C
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
X
 
Commercial greenhouses
 
8500
 
X
X
C
C
 
Nurseries and other growing of ornamental plants
 
 
 
X
X
C
X
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
 
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
X
X
X
X
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
X
X
X
X
 
Kennels and commercial dog breeding faculties [facilities]
 
8700
 
X
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
P
P
 
Forestry and logging operations
9300
 
 
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
C
X
 
Support business and operations for agriculture and forestry
 
 
 
X
X
C
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
C
C
C
X
 
Poultry farms and poultry production facilities
 
8220
 
X
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.7.1 
Purpose and Intent.
The provisions of the San Pedro Community District (SPCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the San Pedro Community Plan and the Sustainable Growth Management Plan (SGMP). The SPCD is designed to implement the updated San Pedro Community Plan to ensure compatibility among various land uses in the San Pedro Community. Provisions of the SPCD include standards and dimensions based on development patterns and incentives to facilitate compact development where appropriate.
9.7.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.7.2.1 
Lighting.
This is a dark sky community. Lighting standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Light Shielding.
All outdoor lighting shall be shielded.
2. 
Light Pole Height.
Poles with lights cannot exceed 24 feet in height or one and one-half (1.5) times the height of the tallest structure on the property, whichever is lower.
3. 
Motion Sensing Devices on Outdoor Lighting.
a. 
All outdoor lights of 600 lumen or greater must have operable motion-sensing devices and must be properly maintained. Lights that cannot be fitted with motion-sensing devices, such as ornamental lights, must be extinguished when not in use.
4. 
Signs.
All signage shall comply with the requirements of Chapter 7 of this Code with the following exception:
a. 
Illuminated signs are prohibited.
5. 
Noise.
Impulsive sounds, sounds of short duration that have an abrupt increase and abrupt decay, including gunfire and exploding targets are regulated by the nuisance ordinance.
6. 
Building Color.
All structures including nonresidential, residential and accessory structures shall be a neutral or a darker shade of the color that blends into the natural surroundings such as the natural foliage or natural earth tones of the soils.
9.7.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.7.3.1 
Generally.
The SPCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.7.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the Community District are listed in Table 9-7-1.
Table 9-7-1: San Pedro Community Base Zoning Districts
RUR
Rural
RUR-F
Rural Fringe
RUR-R
Rural Residential
1. 
SPCD Rural (SPCD RUR); Purpose.
This district designates areas suitable for a combination of agricultural, equestrian, residential and other compatible uses. The intent of this district is to maintain the large lot pattern in these areas and allow for continued agricultural, ranch, and very large lot residential development.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of the this Code, with exceptions identified on the SPCD Use Table [Table 9-7-6].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-7-2.
Table 9-7-2: Dimensional Standards SPCD RUR (Rural)
Zoning District
SPCD RUR
Density (# of acres per dwelling unit)
40
Lot width (minimum, feet)
150
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
2. 
SPCD Rural Fringe (SPCD RUR-F); Purpose.
This district designates areas suitable for a combination of residential development, agricultural uses and other compatible uses, including retreats. This district accommodates primarily large lot residential, ecotourism, equestrian uses, seeking a balance between conservation, environmental protection and reasonable opportunity for development.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of the this Code, with exceptions identified on the SPCD Use Table [Table 9-7-6] and below.
i. 
Indoor games facility:
(a) 
Indoor gymnasiums are permitted only as part of a retreat facility.
ii. 
Fitness, recreational sports, gym, or athletic club:
(a) 
These uses are permitted as part of a retreat facility.
iii. 
Child and youth services:
(a) 
These uses are permitted as part of a retreat facility.
iv. 
Helistops:
(a) 
Helistops shall be permitted only for an emergency use at a retreat facility.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-7-3.
Table 9-7-3: Dimensional Standards SPCD RUR-F (Rural Fringe)
Zoning District
SPCD RUR-F
Density (# of acres per dwelling unit)
20
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
3. 
SPCD Rural Residential (SPCD RUR-R); Purpose.
This district is to provide for the development of single-family homes on large lots, either individually or as part of rural subdivisions; to preserve the scenic and rural character of the San Pedro area; to provide consolidated open space and agricultural lands; and to recognize the desirability of carrying on compatible agricultural operations and home developments. Uses that support rural character of the broader area shall be allowed including agricultural production, and home-based businesses.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of the this Code, with exceptions identified on the SPCD Use Table [Table 9-7-6].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-7-4.
Table 9-7-4: Dimensional Standards SPCD RUR-R (Rural Residential)
Zoning District
SPCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
9.7.4 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.7.4.1 
Home Occupations.
Purpose. Home Occupations are small-scale uses that are conducted from one’s home and are secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay. Home Occupations shall be allowed anywhere within the San Pedro Overlay Community District. As regulated in Chapter 10 of the SLDC with the following exceptions:
1. 
Hours of Operations.
a. 
All employee ingress/egress activity and deliveries shall occur between the hours of 8 a.m. and 8 p.m. Monday through Sunday.
9.7.4.2 
Supplemental Use Regulations; Purpose.
This Section establishes additional or alternative standards for particular uses in the SPCD. The purpose of this chapter is to establish standards for specific uses which require special design considerations in order to: protect surrounding property values and uses; protect the public health, safety, and general welfare; and implement the SGMP. These standards seek compatibility with the principal uses permitted in a zoning district. It is the intent of the County that supplemental uses comply with the standards that have been created to address the particular impacts and characteristics. Uses shall be as stated on the Use Matrix for SPCD, these are permitted in the Rural, Rural Fringe and Rural Residential Zone in SPCD with the following restrictions:
1. 
Uses listed below must have the licensee of the business residing in a dwelling on the property, except for community facilities and utilities.
2. 
Retail establishments including bakeries, camera shops, florist shops, gift shops, stationary shops, apparel shops, shoe stores, jewelry stores, toy stores.
3. 
Bed and Breakfast establishments:
a. 
This use shall be limited to a maximum of 5,000 square feet.
b. 
This use shall be limited to a maximum of 5 rooms.
4. 
Personal Service establishments including barber shops, beauty shops, shoe repair shops, exercise or dance studios.
5. 
Small offices and studios, medical offices and/or clinics, massage studios:
a. 
These uses shall be limited to a maximum of 5,000 square feet.
6. 
Small-scale automotive repair garages.
7. 
Exhibitions, art galleries, performing arts or supporting establishment, theater, dance or music establishment:
a. 
These uses shall be limited to a maximum of 5,000 square feet.
8. 
Veterinary establishments:
a. 
This use shall be limited to a maximum of 1,200 square feet.
b. 
Outdoor boarding of cats and dogs is prohibited.
9. 
Small-scale equestrian facilities:
a. 
Other than the resident’s private horses, this use is limited to 6 commercial horses.
10. 
Small manufacturing establishments for woodworking and carpentry, metalwork and welding, jewelry, arts and crafts.
11. 
Retirement housing, assisted living facility, life care or continuing care facilities, and skilled nursing facilities:
a. 
These uses shall be limited to a maximum of 5,000 square feet.
12. 
Research and development services (scientific, medical, and technology):
a. 
These uses shall be limited to a maximum of 1,200 square feet.
13. 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services:
a. 
These uses shall be limited to a maximum of 1,200 square feet.
14. 
Special trade contractor:
a. 
They shall be limited to a maximum of 1,200 square feet.
15. 
Community Center:
a. 
This use shall be limited to a maximum of 5,000 square feet.
16. 
Nurseries and other growing of ornamental plants.
17. 
Crop production greenhouse:
a. 
This use shall be limited to a maximum of 5,000 square feet.
18. 
Bicycle, motorcycle, all-terrain vehicle dealers:
a. 
This use shall be limited to bicycle sales only.
19. 
Active open space/athletic fields/golf courses:
a. 
These uses are limited to a .25 acre-foot of water for the entire project area.
20. 
Water wells, well fields, bulk water transmission pipelines:
a. 
This use is permitted only as part of a water distribution system that serves the SPCD.
21. 
Water treatment and purification facility:
a. 
This use is permitted only as part of a water distribution system that serves the SPCD.
22. 
Water reservoir:
a. 
This use is permitted only as part of a water distribution system that serves the SPCD.
23. 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation:
a. 
This use is permitted only as part of a water distribution system that serves the SPCD.
24. 
Wastewater storage or pumping station facility, lift stations, and collection lines:
a. 
This use is permitted only as part of a water distribution system that serves the SPCD.
25. 
Library:
a. 
This use is allowed as an accessory to a community center.
26. 
Museum, exhibition, or similar facility:
a. 
This use is allowed as an accessory to a community center.
27. 
Surface parking, open:
a. 
This use is allowed as an accessory to a community facility.
28. 
Highway rest stops and welcome centers:
a. 
This use is allowed as an accessory to a community facility.
29. 
Prohibited Uses.
Prohibited uses shall be as stated on the Use Matrix for the Rural Residential Zone in the SPCD with the following additions:
a. 
Shooting ranges.
9.7.5 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the SPCD Use Table 9-7-6. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-7-5. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-7-5: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-7-6: SPCD Use Table
Use
Function
Structure
Activity
SPCD RUR
SPCD RUR-F
SPCD RUR-R
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
 
Accessory dwelling units
 
1130
 
A
A
A
Ch. 10
Townhouses
 
 
 
X
X
X
 
Multifamily dwellings
1202-99
X
P
X
 
Retirement housing
1210
 
 
P
P
P
Ch. 9
Assisted living facility
1230
 
 
P
P
P
Ch. 9
Life care or continuing care facilities
1240
 
 
P
P
P
Ch. 9
Nursing facilities
1250
 
 
P
P
P
Ch. 9
Community home, NAICS 623210
 
 
 
P
P
P
Ch. 9
Barracks
 
1310
 
A
A
X
 
Dormitories
 
1320
 
A
A
X
 
Temporary structures, tents etc. for shelter
 
1350
 
P
P
P
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
P
P
P
Ch. 9
Rooming and boarding housing
1320
 
 
X
X
X
 
Resorts
 
 
 
X
X
X
 
Retreats
 
 
 
P
P
C
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
 
Store or shop without drive through facility
 
2230
 
P
P
P
Ch. 9
Department store
 
2240
 
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
 
Market shops, including open markets
 
2260
 
A
A
A
 
Gasoline station
 
2270
 
X
X
X
 
Automobile repair and service
 
2280
 
C
C
C
Ch. 9
Car dealer
2111
 
 
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
P
P
P
Ch. 9
Boat or marine craft dealer
2114
 
 
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
 
Gasoline service
2116
 
 
X
X
X
 
Lumberyard and materials
2126
 
 
X
X
X
 
Outdoor resale business
2145
 
 
X
X
X
 
Pawnshops
NAICS 522298
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
 
Shopping center
2510-2580
X
X
X
 
Convenience stores or centers
 
2591
 
X
X
X
 
Car care center
 
2593
 
X
X
X
 
Carwashes
NAICS 811192
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
P
P
P
Ch. 9
Office (with drive-through facility)
 
2110
 
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
X
 
Office - over storefront structure
 
2400
 
X
X
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
P
P
P
Ch. 9
Car rental and leasing
2331
 
 
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
 
Loft
 
2611
 
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
 
Industrial parks
 
2614
 
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
 
Heavy construction
7400
 
 
X
X
X
 
Machinery related
7200
 
 
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
P
P
P
Ch. 9
Automotive paint and body
 
 
 
X
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
 
Tank farms
 
2780
 
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
C
C
X
 
Movie theater
 
 
3120
X
X
X
 
Amphitheater
 
 
3130
C
C
X
 
Drive-in theaters
 
 
3140
X
X
X
 
Indoor games facility
 
3200
 
X
P
X
Ch. 9
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
 
Arcade
5320
 
 
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
P
X
Ch. 9
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
 
Skating rinks
5390
 
 
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
 
Religious facilities
 
3500
 
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
A
A
X
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
P
P
P
Ch. 9
Passive open space
6340
 
 
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
P
P
C
 
Movie ranch
 
 
 
X
X
X
 
Camps, camping, and related establishments
5400
 
 
X
P
X
 
Exhibitions and art galleries
 
4410
 
P
P
P
Ch. 9
Performing arts or supporting establishment
5100
 
 
X
X
X
 
Theater, dance, or music establishment
5110
 
 
X
X
X
 
Institutional or community facilities
Community center
 
2200
 
P
P
P
Ch. 9
Hospitals
 
4110
 
X
X
X
 
Medical clinic
 
4120
 
P
P
P
Ch. 9
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
X
X
 
Child and youth services
6561
 
 
X
P
X
Ch. 9
Child care institution
6562
 
 
P
P
P
 
Day care center
6562
 
 
P
P
P
 
Community food services
6563
 
 
C
P
C
 
Emergency and relief services
6564
 
 
C
P
C
 
Other family services
6565
 
 
X
X
X
 
Services for elderly and disabled
6566
 
 
X
P
X
 
Animal hospitals
6730
 
 
X
X
X
 
School or university (privately owned)
 
4200
 
X
X
X
 
Grade school (privately owned)
 
4210
 
X
X
X
 
College or university facility (privately owned)
 
4220
 
X
X
X
 
Technical, trade, and other specialty schools
6140
4230
 
X
P
X
 
Library
 
4300
 
A
A
A
Ch. 9
Museum, exhibition, or similar facility
5200
4400
 
A
A
A
Ch. 9
Planetarium
 
4420
 
X
X
X
 
Aquarium
 
4430
 
X
X
X
 
Zoological parks
 
4450
 
X
X
X
 
Public safety related facility
 
 
4500
X
X
X
 
Fire and rescue station
 
 
4510
P
P
P
 
Police station
 
 
4520
C
C
C
 
Emergency operation center
 
 
4530
X
X
X
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
P
P
C
 
Funeral homes
 
 
4800
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
 
Public administration
 
6200
 
X
X
X
 
Post offices
 
6310
 
P
P
P
 
Space research and technology
 
6330
 
X
X
X
*
Clubs or lodges
 
 
 
C
C
X
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
 
Surface parking, open
 
5210
 
A
A
A
Ch. 9
Surface parking, covered
 
5220
 
X
X
X
 
Underground parking structure with ramps
 
5240
 
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
 
Bus terminal
 
3830
 
X
X
X
 
Bus stop shelter
 
5300
 
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
X
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
 
Commercial airports
 
5600
 
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
 
Heliport facility
 
5640
 
X
X
X
 
Helistops
 
 
 
X
P
X
Ch. 9
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
P
P
P
 
Telecommunications lines
 
 
 
P
P
P
 
Electric power substations
 
 
 
X
X
X
 
High-voltage electric power transmission lines
 
 
 
X
X
X
 
Dam
 
6220
 
X
X
X
 
Livestock watering tank or impoundment
 
 
 
P
P
P
 
Levee
 
6230
 
X
X
X
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
P
P
Ch. 9
Water treatment and purification facility
 
6270
 
P
P
P
Ch. 9
Water reservoir
 
6280
 
C
C
C
Ch. 9
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
Ch. 9
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
P
P
P
Ch. 9
Solid waste landfill facility
4345
6320
 
X
X
X
 
Composting facility
 
6330
 
X
X
X
 
Recycling transfer center
 
6331
 
X
X
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
C
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
P
P
 
Amateur radio antenna
 
6510
 
P
P
P
 
Weather stations
 
6520
 
P
P
C
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
 
Commercial solar energy production facility
 
 
 
X
X
X
 
Geothermal production facility
 
6450
 
X
X
X
 
Large-scale wind facility
 
 
 
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
A
A
A
Ch. 9
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
P
P
A
 
Animal production that includes slaughter
9300
 
 
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
 
Commercial greenhouses
 
8500
 
X
X
X
 
Nurseries and other growing of ornamental plants
 
 
 
P
P
P
Ch. 9
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
P
Ch. 9
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
P
P
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
Ch. 9
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
P
 
Forestry and logging operations
9300
 
 
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
X
X
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
 
Other farm and farming-related structures
 
8900
 
P
P
A
 
Poultry farms and poultry production facilities
 
8220
 
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
P
P
P
 
Animal waste lagoons
 
8420
 
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.8.1 
Purpose and Intent.
The provisions of the La Cienega and La Cieneguilla Community District Overlay (LCLCCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the La Cienega and La Cieneguilla Community Plan and the Sustainable Growth Management Plan (SGMP). The LCLCCD is designed to ensure compatibility among various land uses, encourage compact development, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the community. The LCLCCD includes standards and dimensions based on historic development patterns and incentives to facilitate compact development where appropriate in conjunction with conservation easements that preserve agricultural land and open space.
9.8.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.8.2.1 
Water Supply, Wastewater and Water Conservation. Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Residential Connection to County Utility Water System.
a. 
All new lots created as part of residential land divisions and subdivisions shall be required to connect to the Santa Fe County Water System when said system is extended to within 200 feet of the property line of a lot, unless that lot has previously connected to a community water system, provided that adequate capacity exists in the system and that water taps are available. This requirement will be applied with the following conditions:
i. 
If the water system is already in place and capable of providing service or if the County can provide an estimated time of completion of six (6) months or less, connection to the system will be required immediately upon the time of service capability within the system. The requirement for connection shall be duly noted on the survey plat, and the property owner shall agree to bonding or financial guarantee to ensure connection within six (6) months, prior to final approval.
ii. 
If the County cannot provide an estimated time for water line completion and capacity for service of six (6) months or less, the new land division will be granted a 2-year grace period from the time the water line is actually installed and taps are available before the agreement to connect to the system will be effective. The requirement for connection shall be duly noted on the survey plat prior to final approval.
iii. 
If connection to a county or community water system is not possible at the time of land division for new residential development of two or more lots of 2.5 acres or less, all lots will be required to use shared wells where new lots are adjoining, providing adequate water is available for both lots. The requirement to connect to the County or community water system will still be in effect and the property owners will be granted a 2-year grace period from the time the water line is actually installed and has adequate capacity, before the connection to the system will be required. The requirement for connection shall be duly noted on the survey plat prior to final approval.
2. 
Nonresidential Connection to County Utility Water System.
a. 
All new nonresidential development shall be required to connect to the Santa Fe County Water System when said system is extended to within 200 feet of the property line, unless the development has previously connected to a community water system, provided that adequate capacity exists in the system and that water taps are available.
i. 
If connection to the County water system is not possible, the development must limit water consumption to .35 acre-feet per year.
(a) 
If the water system is already in place and capable of providing service or if the County can provide an estimated time of completion of six (6) months or less, connection to the system will be required immediately upon the time of service capability within the system. The requirement for connection shall be duly noted on the survey plat and the property owner shall agree to bonding or financial guarantee to ensure connection within six (6) months prior to final approval.
(b) 
If the County cannot provide an estimated time for water line completion and capacity for service of six (6) months or less, the new land division will be granted a 2-year grace period from the time the water line is actually installed and taps are available before connection to the system will be required. The requirement for connection shall be duly noted on the survey plat prior to final approval.
9.8.2.2 
Terrain Management.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Special Protection of Riparian Areas.
Development Standards in Riparian Buffers. The standards and criteria of Chapter 7 of this Code shall apply to any portion of a development or, as appropriate, to any land disturbance within a riparian buffer with the following exceptions:
2. 
Intent.
The restoration and enhancement of riparian areas and wetlands in the Planning Area is recognized as a potentially valuable resource management practice, so long as such projects are designed and implemented to maximize benefits to the ecosystem and water resources while avoiding harm to the health, safety and welfare of residents, including but not limited to loss of private property and public infrastructure. Therefore, all projects which propose restoration, enhancement and/or new construction of riparian areas or wetlands must demonstrate that the project will have a beneficial or neutral impact on existing water resources. No project shall be permitted that negatively impacts existing water rights.
3. 
Agriculture as defined in this Code is permitted within Riparian Corridors.
Figure 9-8-1: Riparian Corridors
-Image-26.tif
Table 9-8-1: Riparian Buffer Corridors
(A) Use
(B)
Stream Side Zone
(C)
Managed Use Zone
(D)
Upland Zone
Trails, greenways, open space, parks or other similar public recreational uses and private recreational uses that do not require the use of fertilizers, pesticides, or extensive use of fences or walls.
P
P
P
Outdoor horticulture, forestry, wildlife sanctuary, and other similar agricultural and related uses not enumerated elsewhere in this table that do not require land-disturbing activities, or use of pesticides or extensive use of fences or walls.
C
C
C
Pastures or plant nurseries that do not require land-disturbing activities or use of pesticides, or extensive use of fences or walls.
C
C
C
Gardens, play areas, recreational uses and other similar uses that do not require the use of pesticides for routine maintenance
N
P
P
Lawns, golf course fairways, play fields, and other areas that may require the use of fertilizers or pesticides.
N
N
N
Sidewalks streets, bridges, and other similar transportation facilities.
C
C
C
Accessory land-disturbing activities ordinarily associated with a single- or two-family dwelling, such as utility service lines, and similar uses.
N
P
P
Public maintenance of streets, bridges, other similar transportation facilities and/or public utility and storm drainage facilities.
P
P
P
Detention/retention basin and associated infrastructure.
N
C
C
Lakes, ponds, and associated infrastructure, such as dams, spillways, riser pipes, and stilling basins, which are located outside of the regulatory floodplain.
C
C
C
Stream and riparian area restoration and maintenance.
P
P
P
New construction or enhancement of riparian area.
C
C
C
P = the activity is permitted as of right; N = the activity is prohibited; and C = the activity is permitted only upon approval of a conditional use permit or a subdivision application.
9.8.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.8.3.1 
Generally.
The LCLCCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.8.3.2 
Density Requirements on Lots with Multiple Zoning Designations.
If a single land parcel and/or subdivision lies within two separate zoning districts, the density of dwelling units per acre shall be calculated based upon the exact proportion of each district in which the parcel lies.
9.8.3.3 
Density Bonus.
Density Bonuses are not allowed in the LCLCCD boundary until further review is available.
9.8.3.4 
Lot Coverage.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Residential Uses.
The maximum lot coverage for residential uses is 20%.
2. 
Nonresidential Uses.
a. 
The maximum lot coverage for nonresidential uses is 60%.
b. 
The maximum aggregate building size is 50,000 square feet.
c. 
The maximum individual establishment size is 15,000 square feet.
9.8.3.5 
Shooting ranges are prohibited throughout the LCLCCD planning area.
9.8.3.6 
Base Zoning Districts.
Base zoning districts approved for use in the La Cienega and La Cieneguilla Community District are listed in Table 9-8-2.
Table 9-8-2: LCLCCD Community District Base Zoning
A/R
Agriculture/Ranching
RUR-F
Rural Fringe
RUR-R
Rural Residential
RES-F
Residential Fringe
RES-E
Residential Estate
RES-C
Residential Community
TC
Traditional Community
CN
Commercial Neighborhood
PI
Public/Institutional
PDD
Planned Development
1. 
LCLCCD Agriculture/Ranching (LCLCCD A/R); Purpose.
The purpose of this district is to designate areas suitable for agricultural, ranching and residential uses, and to prevent encroachment of incompatible uses and the premature conversion of agricultural and ranch lands to nonagricultural uses. Uses in the A/R district are limited to agricultural, ranch, residential and other compatible uses. This designation reflects areas whose present use is agricultural, such as grazing or dry land farming. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-3.
Table 9-8-3: Dimensional Standards LCLCCD A/R (Agriculture/Ranching)
Zoning District
LCLCCD A/R
Density (# of acres per dwelling unit)
160
Lot width (minimum, feet)
400
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back a minimum of 25 feet from the property line.
ii. 
The rear and sides of the buildings shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
2. 
LCLCCD Rural Fringe (LCLCCD RUR-F); Purpose.
The purpose of this district is to designate areas suitable for a combination of estate-type residential development, agricultural uses and other compatible uses. The RUR-F designation provides an intermediate step in development density between typical open space and agricultural/ranching lands and primarily residential (low density) parcels. This zone also serves to protect agricultural and environmental areas that are inappropriate for more intense development due to their sensitivity. The RUR-F zone accommodates primarily large lot residential, ecotourism, equestrian uses and renewable resource-based activities, seeking a balance between conservation, environmental protection and reasonable opportunity for development. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-4.
Table 9-8-4: Dimensional Standards LCLCCD RUR-F (Rural Fringe)
Zoning District
LCLCCD RUR-F
Density (# of acres per dwelling unit)
20
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back 25 feet from the property line.
ii. 
The rear and sides of the building shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
3. 
LCLCCD Rural Residential (LCLCCD RUR-R); Purpose.
The purpose of this district is to provide for the development of single-family homes on large lots, either individually or as part of rural subdivisions; to preserve the scenic and rural character of the County; to provide consolidated open space and agricultural lands; and to recognize the desirability of carrying on compatible agricultural operations and home developments in areas near the fringes of urban development while avoiding unreasonable restrictions on farming or ranching operations. Uses that support rural character of the broader area shall be allowed including agricultural production, small-scale renewable energy production, home-based businesses, bed and breakfasts, agro-tourism, equestrian and boarding facilities, farmers’ markets and produce stands. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-5.
Table 9-8-5: Dimensional Standards LCLCCD RUR-R (Rural Residential)
Zoning District
LCLCCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back a minimum of 25 feet from the property line.
ii. 
The rear and sides of the buildings shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
4. 
LCLCCD Residential Fringe (LCLCCD RES-F); Purpose.
The purpose of this district is to designate areas suitable for a combination of estate-type residential development, smaller-scale agricultural uses, ranchettes and other compatible uses. The RES-F district provides an intermediate step in single-family residential development between open space and/or agricultural/ranching lands, and typically suburban residential densities. The RES-F district may be comprised of a variety of residential lot sizes, clustered housing and community open space and can include limited agricultural use accessory to residential uses. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-6.
Table 9-8-6: Dimensional Standards LCLCCD RES-F (Residential Fringe)
Zoning District
LCLCCD RES-F
Density (# of acres per dwelling unit)
5
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back 25 feet from the property line.
ii. 
The rear and sides of the building shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
5. 
LCLCCD Residential Estate (LCLCCD RES-E); Purpose.
The purpose of the Residential Estate (RES-E) district is to designate areas suitable for a combination of large-lot and suburban-type residential development, ranchettes and other compatible uses. The RES-E district supports single-family homes on medium sized lots consistent with contemporary community development. Generally this district applies to low to medium density residential development in established neighborhoods (lands that are already committed to residential uses and have been subdivided for a specific development) and undeveloped or underdeveloped areas with a moderate to high development suitability. This category may include limited agricultural use accessory to residential uses. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-7.
Table 9-8-7: Dimensional Standards LCLCCD RES-E (Residential Estate)
Zoning District
LCLCCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back 25 feet from the property line.
ii. 
The rear and sides of the building shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
6. 
LCLCCD Residential Community (LCLCCD RES-C); Purpose.
Generally this district applies to existing medium to higher density residential development in established neighborhoods (lands that are already committed to residential uses and have been subdivided for a specific development). The Residential Community designation applies to only a contiguous residential area in La Cieneguilla that is almost completely built out on existing 1-acre lots created in the late 70’s. No additional areas are proposed to have this zoning designation within the La Cienega and La Cieneguilla Planning Boundary.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-8.
Table 9-8-8: Dimensional Standards LCLCCD RES-C (Residential Community)
Zoning District
LCLCCD RES-C
Density (# of acres per dwelling unit)
1
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
7. 
LCLCCD Traditional Community (LCLCCD TC); Purpose.
The purpose of this district is to designate areas suitable for residential, small-scale commercial and agricultural uses consistent with the existing development patterns of traditional communities. The TC district accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses, including agriculture found in traditional communities with acequia systems, from encroachment by development. Density bonuses and transfers of development rights may be utilized to achieve the purposes of the district. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-9.
Table 9-8-9: Dimensional Standards LCLCCD TC (Traditional Community)
Zoning District
LCLCCD TC
Density (# of acres per dwelling unit)
0.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (commercial)
2,500 sq. ft.
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front, sides and rear of the building shall be set back a minimum of 25 feet from the property line.
ii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
8. 
LCLCCD Commercial Neighborhood (LCLCCD CN); Purpose.
The purpose of this district is to allow for low-intensity convenience retail and personal services, as well as office uses that are intended to serve and are in close proximity to individual residential neighborhoods.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-10.
Table 9-8-10: Dimensional Standards LCLCCD CN (Commercial Neighborhood)
CN Zoning District
LCLCCD CN
Density
2.5
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
28
Lot coverage (maximum, percent)
60
Maximum building size (aggregate)
50,000
Maximum size of individual establishments (sq. ft.)
15,000*
*Establishment size may be increased up to 30,000 square feet with the issuance of a conditional use permit.
c. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
The front of the building shall be set back 25 feet from the property line.
ii. 
The rear and sides of the building shall be set back a minimum of 50 feet from the property line.
iii. 
In cases where setback requirements would prohibit development of a lot, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
9. 
LCLCCD Public Institutional (LCLCCD PI); Purpose.
The purpose of this district is to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, market shops, offices, animal production, livestock, poultry, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on LCLCCD Use Table [Table 9.8.15].
i. 
Where the purpose of the use is primarily that of a museum, temporary accessory uses shall be permitted, which shall include the erection of temporary structures and tents for shelter, the holding or [of] retreats, the offering of restaurants with or without incidental consumption of alcoholic beverages, the offering of a stand-alone store or shop.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-8-11.
Table 9-8-11: Dimensional Standards LCLCCD PI (Public/Institutional)
PI Zoning District
LCLCCD PI
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
48
Lot coverage (maximum, percent)
60
i. 
Density.
The density for the PI zoning district is dependent on the surrounding zoning districts. For the Las Golondrinas property the section of the property that was surveyed as part of the Traditional Community will have one dwelling unit per 0.75 acre density and the remaining portion of the parcel and southern parcel will have a one dwelling unit per 2.5 acre density.
10. 
LCLCCD PDD (Planned Development District); Purpose.
PDDs identified on the initial zoning map may be built out in accordance with their approved master plans including density and uses.
9.8.3.7 
Density Transfers.
1. 
Density transfers should be used to protect community assets including but not limited to wetlands, open spaces, springs, watercourses, riparian areas, agricultural land, acequias, traditional community centers, archaeological sites, historical and cultural sites, and multigenerational family compounds. When density transfers result in higher site densities, such development shall be clustered and sited in a manner to fit the topography, and existing rural character of La Cienega and La Cieneguilla, instead of in an urban grid pattern. A land density transfer program allows the transfer of all or part of the permitted density on a parcel to another parcel or other locations on the same parcel. This may include concepts such as family compounds or density transfers to protect agricultural, open space or other land protection or preferred development patterns.
a. 
Open Space Land Protection through Density Transfers or other types of Easements.
Open spaces set aside for density transfer or other easements for the protection of community assets, as described above, should interconnect to similar sites or potential sites on adjacent properties whenever possible. Easements shall clearly delineate the open space areas and no build areas as well as document any permitted uses in such areas.
b. 
Lot Coverage Calculations on Density Transfers or other types of Perpetual Easements.
Whenever density transfer is used to create open space which is protected in perpetuity by easement or other legal means, and new lots are created, lot coverage shall be calculated based on the total acreage of the project rather than for each individual development lot and shall be apportioned to the density transfer lots by means of building envelopes on the approved final plat.
9.8.4 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.8.4.1 
Home Occupations.
The purpose of the Home Occupations in the LCLCCD is to support economic development opportunities that are not disruptive to the residential character of the area or significantly interfere with the use of adjacent residential properties. Home Occupations shall be as regulated in Chapter 10 of this Code except as prescribed in Table 9-8-12.
Table 9-8-12: Home Occupations
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
3
4
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
50% of heated square footage
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
4
12*
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
see Section 7.9.4.3 [sic]
see Section 7.9.4.3 [sic]
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
Up to 2
3-6
*Small-scale retail establishments, such as arts and crafts stores, restaurants or galleries may be permitted to have 30 vehicle visits per day and no more than 10 vehicle visits per hour.
9.8.4.2 
Accessory Structures.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
1. 
Accessory Structures over 2000 square feet are required to obtain a Conditional Use permit.
9.8.5 
LCLCCD Transfer of Development Rights Overlay District (LCLCCD-TDROD).
9.8.5.1 
Purpose.
The purpose of the LCLCCD-TDROD is for the conservation of natural, scenic, and/or agricultural qualities of open land, areas of special character or specific historic, cultural or aesthetic interest or value, or environmental protection such as watershed, steep slopes, floodplains, etc. TDRs as described in Chapter 12 of this Code are voluntary. Below is a list of the initial sending and receiving areas as identified in the La Cienega and La Cieneguilla 2015 Plan Update, this list is not exhaustive and other properties are eligible to become sending or receiving areas if the requirements listed in Chapter 12 are met.
9.8.5.2 
Transfer of Development Rights Standards.
The Transfer of Development Rights standards of Chapter 12 of this Code shall be applicable to all development, except as otherwise specified herein.
1. 
Applicability.
An individual parcel and parcels zoned as a PDD cannot be both a sending and receiving area. An area can be identified as either a sending or receiving area, but can only choose one TDR designation.
2. 
Increased Units Allowed per TDR in LCLCCD.
In LCLCCD there is an added incentive in buying and using TDRs in the Planning Boundary. Table 9.8.13 [9-8-13] outlines the increased units allowed by using a TDR throughout the County and in LCLCCD.
a. 
In the LCLCCD TDRs can have additional units if the TDR is purchased and used within the LCLCCD Planning Boundary.
b. 
TDRs purchased outside of the LCLCCD and used within the LCLCCD will have the general County additional unit increase.
c. 
TDRs purchased within the LCLCCD and used outside of the LCLCCD will have the general County additional unit increase.
Table 9-8-13: Increased Units Allowed per TDR in the County and LCLCCD
Use
Additional Unit per TDR in the County
Additional Unit per TDR in LCLCCD
Residential
3
4
Nonresidential
5,000 sf
6,000 sf
9.8.6 
LCLCCD-TDROD Areas.
9.8.6.1 
Sending Areas.
Sending areas may consist of areas including agricultural land, wetlands, wildlife preservation areas, conservation areas, areas of cultural significance, and open space.
1. 
LCLCCD-TDROD Sending Area 1.
a. 
Location.
LCLCCD-TDROD Sending Area 1 is identified on Map 9.5.1 [9.8.1] and is located at the southern terminus of Capilla Vieja Road and includes approximately 117 acres of the property commonly known as the Tres Rios Ranch.
2. 
LCLCCD-TDROD Sending Area 2.
a. 
Location.
LCLCCD-TDROD Sending Area 2 is identified on Map 9.5.1 [9.8.1] and is located south of County Road 54 (Camino La Entrada) and includes approximately 483 acres of the property commonly known as the La Bajada Ranch.
3. 
LCLCCD-TDROD Sending Area 3.
a. 
Location.
LCLCCD-TDROD Sending Area 3 is identified on Map 9.5.1 [9.8.1] and is located at the east of the intersection of County Road 54 and County Road 56 and includes approximately 102 acres of the property commonly known as the Las Golondrinas Living History Museum.
9.8.6.2 
Receiving Areas.
Receiving areas shall be MU (Mixed Use districts), PD (Planned Development Districts), I (Industrial), CG (Commercial General) or a district rezoned to a higher density.
1. 
LCLCCD-TDROD Receiving Area 1.
a. 
Location.
LCLCCD-TDROD Receiving Area 1 is identified on Map 9.5.1 [9.8.1] and is located south of the intersection of County Road 54 and Interstate 25 West Frontage Road and includes approximately 431 acres of the property commonly known as the Downs at Santa Fe.
2. 
LCLCCD-TDROD Receiving Area 2.
a. 
Location.
LCLCCD-TDROD Receiving Area 2 is identified on Map 9.5.1 [9.8.1] and is located south of County Road 54 (Camino La Entrada) and includes approximately 483 acres of the property commonly known as the La Bajada Ranch.
Map 9.8.1: La Cienega and La Cieneguilla Transfer of Development Rights Sending and Receiving Areas[1]
[1]
Editor’s note–Map 9.8.1 is included as an attachment to this exhibit.
9.8.7 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the LCLCCD Use Table 9-8-15. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-8-14. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-8-14: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9.8.15: LCLCCD Use Table
Uses
Function
Structure
Activity
LCL CCD A/R
LCL CCD RUR-F
LCL CCD RUR-R
LCL CCD RES-F
LCL CCD RES-E
LCL CCD RES-C
LCL CCD TC
LCL CCD CN
LCL CCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
P
P
P
P
P
A
 
Accessory dwelling units
 
1130
 
A
A
A
A
A
A
A
A
A
Ch. 10
Townhouses
 
 
 
P
P
P
P
P
P
P
P
A
 
Multifamily dwellings
1202-99
C
C
C
C
C
C
C
P
A
 
Retirement housing
1210
 
 
P
P
P
P
P
P
P
P
P
 
Assisted living facility
1230
 
 
P
P
C
C
C
C
C
P
P
 
Life care or continuing care facilities
1240
 
 
P
P
C
C
C
C
C
P
P
 
Nursing facilities
1250
 
 
P
P
C
C
C
C
C
P
P
 
Community home, NAICS 623210
 
 
 
P
P
P
P
P
P
P
P
P
 
Barracks
 
1310
 
A
A
X
X
X
X
X
X
P
 
Dormitories
 
1320
 
A
A
X
X
X
X
X
C
P
 
Temporary structures, tents etc. for shelter
 
1350
 
P
P
A
A
A
A
A
C
A
Ch. 9
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
P
P
P
C
C
C
P
P
X
Ch. 10
Rooming and boarding housing
1320
 
 
C
C
C
C
C
C
C
P
C
 
Resorts
 
 
 
C
C
X
X
X
X
C
C
X
 
Retreats
 
 
 
P
P
C
C
C
C
C
P
A
Ch. 9
Hotels, motels, and tourist courts
1330
 
 
C
C
X
X
X
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
X
X
X
C
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
X
X
X
C
P
A
Ch. 9
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
X
X
X
C
P
A
Ch. 9
Store or shop without drive through facility
 
2230
 
X
X
X
X
X
X
C
P
A
Ch. 9
Department store
 
2240
 
X
X
X
X
X
X
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
X
X
X
X
X
X
 
Market shops, including open markets
 
2260
 
A
A
X
X
X
X
C
P
A
 
Gasoline station
 
2270
 
C
C
X
X
X
X
C
X
X
 
Automobile repair and service
 
2280
 
C
C
X
X
X
X
C
X
X
 
Car dealer
2111
 
 
C
C
X
X
X
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
C
C
X
X
X
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
C
C
X
X
X
X
X
X
X
 
Boat or marine craft dealer
2114
 
 
C
C
X
X
X
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
C
C
X
X
X
X
C
P
X
 
Gasoline service
2116
 
 
C
C
X
X
X
X
C
X
X
 
Lumberyard and materials
2126
 
 
C
C
X
X
X
X
C
X
X
 
Outdoor resale business
2145
 
 
C
X
X
X
X
X
X
X
X
 
Pawnshops
NAICS 522298
X
X
X
X
X
X
C
P
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
C
C
X
X
X
X
C
P
X
 
Shopping center
2510-2580
X
X
X
X
X
P
X
 
Convenience stores or centers
 
2591
 
X
X
X
X
X
X
P
P
X
 
Car care center
 
2593
 
X
X
X
X
X
X
C
P
X
 
Carwashes
NAICS 811192
X
X
X
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
A
A
X
X
X
X
C
P
A
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
X
X
X
C
A
 
Office or store with residence on top
 
2300
 
X
X
X
X
X
X
C
P
A
 
Office - over storefront structure
 
2400
 
X
X
X
X
X
X
C
P
A
 
Research and development services (scientific, medical, and technology)
2416
 
 
C
C
X
X
X
X
C
P
X
 
Car rental and leasing
2331
 
 
C
C
X
X
X
X
C
P
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
C
C
X
X
X
X
X
C
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
C
C
X
X
X
X
C
P
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
X
X
C
C
X
 
Sexually oriented business
 
 
 
X
X
X
X
X
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
X
X
C
P
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
C
C
X
X
X
X
X
X
X
 
Loft
 
2611
 
C
X
X
X
X
X
X
X
X
 
Mill-type factory structures
 
2612
 
C
X
X
X
X
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
X
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
X
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
X
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
X
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
X
X
X
X
X
 
Construction-related businesses
7000
 
 
C
C
X
X
X
X
C
X
X
 
Heavy construction
7400
 
 
X
X
X
X
X
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
X
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
C
C
X
X
X
X
X
X
X
 
Automotive paint and body
 
 
 
X
X
X
X
X
X
X
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
X
X
X
X
C
 
Demolition, building and structure business
 
 
 
C
X
X
X
X
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
C
C
X
X
X
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
C
C
X
X
X
X
X
C
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
X
X
X
X
X
 
Warehouse structure
 
2730
 
C
C
X
X
X
X
X
X
X
 
Produce warehouse
 
2740
 
P
P
X
X
X
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
P
P
X
X
X
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
C
X
X
X
X
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
X
X
X
C
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
X
X
X
C
X
 
Food, textiles, and related products
 
 
 
C
C
X
X
X
X
X
C
X
 
Wood, paper, and printing products
 
 
 
C
C
X
X
X
X
X
C
X
 
Tank farms
 
2780
 
C
C
X
X
X
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
C
X
X
X
C
C
C
P
P
 
Movie theater
 
 
3120
X
X
X
X
X
X
X
P
P
 
Amphitheater
 
 
3130
C
C
X
X
X
X
X
X
P
 
Drive-in theaters
 
 
3140
C
X
X
X
X
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
X
X
X
C
P
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
C
X
X
X
X
X
X
X
C
 
Amusement or theme park
5310
 
 
C
X
X
X
X
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
X
X
X
X
X
 
Miniature golf establishment
5340
 
 
C
C
X
X
X
X
C
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
P
P
C
C
C
C
C
P
P
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
X
X
X
C
P
C
 
Skating rinks
5390
 
 
P
P
X
X
X
X
C
X
P
 
Sports stadium or arena
 
3300
 
C
X
X
X
X
X
X
X
C
 
Racetrack or raceway
5130
 
 
C
X
X
X
X
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
A
A
X
X
X
X
X
X
P
 
Religious facilities
 
3500
 
P
P
P
P
P
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
A
A
X
X
X
X
X
C
P
 
Passenger terminal, mixed mode
 
3810
 
P
P
P
P
P
P
P
X
P
*
Active open space/athletic fields/golf courses
6340
 
 
P
P
C
C
C
C
C
X
P
*
Passive open space
6340
 
 
P
P
P
P
P
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
P
P
C
C
C
C
C
C
P
 
Movie ranch
 
 
 
P
P
P
P
C
C
C
P
P
 
Camps, camping, and related establishments
5400
 
 
P
P
C
C
C
C
C
P
P
 
Exhibitions and art galleries
 
4410
 
X
X
X
X
X
X
P
P
P
 
Performing arts or supporting establishment
5100
 
 
C
C
X
X
X
X
P
P
P
 
Theater, dance, or music establishment
5101
 
 
C
C
X
X
X
X
P
P
P
 
Institutional or community facilities
Community center
 
2200
 
P
P
C
C
C
C
C
P
P
 
Hospitals
 
4110
 
X
X
X
X
X
X
X
X
P
 
Medical clinics
 
4120
 
P
P
P
P
P
P
P
P
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
P
P
P
P
P
P
P
P
P
 
Child and youth services
6561
 
 
P
P
P
P
P
P
P
P
P
 
Child care institution
6562
 
 
P
P
P
P
P
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
P
P
P
P
P
 
Community food services
6563
 
 
P
P
P
P
P
P
P
P
P
 
Emergency and relief services
6564
 
 
P
P
P
P
P
P
P
P
P
 
Other family services
6565
 
 
P
P
P
P
P
P
P
P
P
 
Services for elderly and disabled
6566
 
 
P
P
P
P
P
P
P
P
P
 
Animal hospitals
6730
 
 
P
P
P
C
C
C
P
C
P
 
School or university (privately owned)
 
4200
 
P
P
C
C
C
C
P
C
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
P
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
P
P
C
C
C
C
C
C
P
 
Technical, trade, and other specialty schools
6140
4230
 
P
P
C
C
C
C
C
C
P
 
Library
 
4300
 
P
P
P
P
P
P
P
P
P
 
Museum, exhibition, or similar facility
5200
4400
 
P
P
C
C
C
C
P
P
P
 
Planetarium
 
4420
 
P
C
X
X
X
X
P
C
P
 
Aquarium
 
4430
 
P
C
X
X
X
X
C
C
P
 
Zoological parks
 
4450
 
P
P
X
X
X
X
X
X
P
 
Public safety related facility
 
 
4500
P
P
P
P
P
P
P
P
P
 
Fire and rescue station
 
 
4510
P
P
P
P
P
P
P
P
P
 
Police station
 
 
4520
P
P
P
P
P
P
P
P
P
 
Emergency operation center
 
 
4530
P
P
P
P
P
P
P
P
P
*
Correctional or rehabilitation facility
 
 
4600
C
C
X
X
X
X
X
X
P
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
P
P
C
C
C
C
C
X
A
 
Funeral homes
 
 
4800
P
P
X
X
X
X
C
C
C
 
Cremation facilities
 
 
4800
P
P
X
X
X
X
X
X
P
 
Public administration
 
6200
 
P
P
X
X
X
X
P
P
P
 
Post offices
 
6310
 
P
P
P
P
P
P
P
P
P
 
Space research and technology
 
6330
 
P
P
X
X
X
X
C
P
P
*
Clubs or lodges
 
 
 
C
C
C
C
C
C
C
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
X
X
C
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
X
X
X
C
X
X
 
Surface parking, open
 
5210
 
A
A
A
A
A
A
A
A
A
 
Surface parking, covered
 
5220
 
A
A
A
A
A
A
A
A
A
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
X
X
P
X
A
 
Rooftop parking facility
 
5250
 
X
X
X
X
X
X
C
X
A
 
Bus terminal
 
3830
 
X
X
X
X
X
X
C
X
P
 
Bus stop shelter
 
5300
 
P
P
P
P
P
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
X
X
C
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
X
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
P
P
P
P
P
P
P
X
P
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
X
X
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
X
X
X
C
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
X
X
C
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
X
X
C
X
C
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
X
X
X
C
C
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
C
C
C
C
C
C
C
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
X
X
X
C
X
X
 
Commercial airports
 
5600
 
C
C
X
X
X
X
X
X
C
 
Private airplane runways and landing strips
 
5610
 
C
C
C
C
C
X
C
X
X
 
Airport maintenance and hangar facilities
 
5620
 
C
C
X
X
X
X
X
X
C
 
Heliport facility
 
5640
 
C
C
X
X
X
X
X
X
C
 
Helistops
 
 
 
C
C
X
X
X
X
C
X
C
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
C
C
X
X
X
X
X
X
C
 
Railroad tracks, spurs, and sidings
 
 
 
P
P
P
P
P
P
P
X
P
 
Railroad switching, maintenance, and storage facility
 
5700
 
C
X
X
X
X
X
X
X
C
 
Railroad passenger station
 
5701
 
P
P
P
P
P
P
P
X
P
 
Railroad freight facility
 
5702
 
C
X
X
X
X
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
P
P
P
P
P
P
P
A
P
 
Telecommunications lines
 
 
 
P
P
P
P
P
P
P
P
P
 
Electric power substations
 
 
 
C
C
C
C
C
C
C
C
C
 
High-voltage electric power transmission lines
 
 
 
C
C
C
C
C
C
C
C
C
 
Dam
 
6220
 
C
C
C
C
C
C
C
X
C
 
Livestock watering tank or impoundment
 
 
 
P
P
P
P
P
P
P
A
P
 
Levee
 
6230
 
C
C
C
C
C
C
C
A
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
P
P
P
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
P
P
P
P
P
P
A
P
 
Water treatment and purification facility
 
6270
 
P
P
P
P
P
P
P
X
P
 
Water reservoir
 
6280
 
C
C
C
C
C
C
C
X
P
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
P
P
P
P
A
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
P
P
P
P
P
P
P
A
P
 
Solid waste landfill facility
4345
6320
 
C
C
X
X
X
X
X
X
C
 
Composting facility
 
6330
 
P
P
C
C
C
C
C
P
X
 
Recycling transfer center
 
6331
 
P
P
C
C
C
C
C
X
P
 
Solid waste collection transfer station (governmental)
4343
 
3210
P
P
C
C
C
C
P
X
P
 
Solid waste collection transfer station (private)
4343
 
3210
C
C
C
C
C
C
C
X
C
 
Solid waste combustor or incinerator
4344
 
 
C
C
X
X
X
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
X
X
C
X
X
 
Household hazardous waste collection facility
 
 
 
C
C
X
X
X
X
C
X
X
 
Hazardous waste storage facility
 
6340
 
C
X
X
X
X
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
C
X
X
X
X
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
C
C
C
C
C
C
C
X
C
 
Gas or electric power generation facility
 
6400
 
C
X
X
X
X
X
X
X
DCI
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
C
C
X
X
X
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
P
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
P
P
C
C
C
C
P
P
 
Amateur radio antenna
 
6510
 
P
C
X
X
X
X
C
A
P
 
Weather stations
 
6520
 
P
P
C
X
X
X
C
A
P
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
P
P
P
P
A
P
 
Commercial solar energy production facility
 
 
 
C
C
C
X
X
X
C
C
C
 
Geothermal production facility
 
6450
 
C
C
X
X
X
X
X
X
C
 
Large-scale wind facility
 
 
 
C
C
C
X
X
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
P
P
P
P
P
P
P
X
P
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
P
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
X
X
X
C
P
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
P
P
A
A
A
A
P
X
C
 
Animal production that includes slaughter
9300
 
 
C
C
X
X
X
X
X
X
A
 
Livestock pens or hog houses
 
8200
 
P
C
X
X
X
X
C
X
A
 
Commercial greenhouses
 
8500
 
P
P
C
C
C
C
C
P
C
 
Nurseries and other growing of ornamental plants
 
 
 
P
P
P
P
P
P
P
P
P
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
P
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
P
P
P
C
C
C
C
C
C
 
Kennels and commercial dog breeding facilities
 
8700
 
C
C
C
C
X
X
C
C
P
 
Apiary and other related structures
 
8700
 
P
P
P
P
P
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
P
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
P
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
P
P
P
P
P
P
P
 
Forestry and logging operations
9300
 
 
P
P
P
P
P
P
P
X
P
 
Game preserves and retreats
9400
 
 
P
P
C
C
C
C
C
X
P
 
Support business and operations for agriculture and forestry
 
 
 
P
P
A
A
A
A
C
P
P
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
P
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
P
P
P
P
P
P
 
Concentrated animal feeding operation
 
8310
 
DCI
DCI
X
X
X
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
P
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
P
C
X
X
X
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
P
P
P
P
P
P
P
P
P
 
Poultry farms and poultry production facilities
 
8220
 
P
C
X
X
X
X
X
X
A
 
Sheds, or other agricultural facilities
 
8000
 
P
P
P
P
P
P
P
P
P
 
Animal waste lagoons
 
8420
 
DCI
DCI
X
X
X
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
C
C
C
C
X
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.9.1 
Purpose and Intent.
The provisions of the El Valle de Arroyo Seco Highway Corridor Community District Overlay (ASHCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the El Valle de Arroyo Seco Highway Corridor Plan and the Sustainable Growth Management Plan (SGMP). The ASHCD is designed to ensure compatibility among various land uses, encourage compact development, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the corridor. The ASHCD includes standards and dimensions based on historic development patterns and incentives to facilitate compact development where appropriate.
9.9.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.9.2.1 
Water Supply, Wastewater and Water Conservation.
1. 
Intent/Purpose.
The intent of the water supply, conservation and wastewater provisions is to ensure a sustainable water supply and to ensure new development will not impair senior water rights, existing domestic wells, stream and spring flows and water quality.
a. 
Required Connection to Public or Publicly-Regulated Private Water Utility.
Connection to Public or Publicly-Regulated Private Water Utility is required for all nonresidential development applications permitted after the date of this ordinance as specified below:
i. 
Nonresidential Water Use.
All new nonresidential development shall connect to a community water system when the utility becomes ready, willing and able to supply the development.
(a) 
If connection to a water system is not possible, the new nonresidential development shall limit water consumption to .35 acre-feet water per year. This water consumption requirement applies only to use of water for nonresidential purposes from domestic wells as defined by the state and does not apply to any other water rights (irrigation or private).
(b) 
If the community water system is already in place and capable of providing service or if a water system is expected to become operational within six (6) months or less, connection to the system will be required immediately upon the time of service capability within the system. The requirement for connection shall be duly noted on the survey plat and the property owner shall agree to submit a financial guarantee to ensure connection within six (6) months prior to final approval.
9.9.2.2 
Signs.
The standards for signs shall be regulated as identified in Chapter 7 of the Code with the following exceptions:
1. 
Billboards and signs on mobile objects are prohibited. Mobile objects include truck trailers, shipping containers and mobile homes.
2. 
Maximum square footage of all signs shall be no more than 70 square feet.
3. 
One freestanding sign and one building-mounted sign shall be permitted per nonresidential lot.
4. 
Building-mounted signs must fit architectural style and design of the building and shall not protrude over 5 feet above highest point of the structure.
5. 
Advertising is permitted on two sides of the sign. Square footage for freestanding signs shall be measured only on one face of the sign.
6. 
Maximum Sign Height and Setbacks.
a. 
All signs shall be set back a minimum of 7 feet from the property line or any existing road Right-of-Way.
b. 
Signs shall be set back a minimum of 25 feet from contiguous property lines.
c. 
Freestanding signs shall have setbacks corresponding to their height corresponding to Table 9-9-1.
Table 9-9-1: Sign Height and Setback Requirements
Sign Height
Setback
≤ 7 feet
7 feet
7.1 - 10 feet
23 feet
10.1 - 15 feet
50 feet
15.1 - 20 feet
78 feet
20.1 - 24 feet
100 feet
d. 
The height of the sign shall be measured from the top of the sign to the pre-disturbed ground level. Maximum sign height shall be based on setback from the Right-of-Way in accordance with Table 9-9-1.
7. 
Internally and Externally Lit Signs.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
Externally lit signs shall use shielding that only illuminates the advertising surface of the sign.
b. 
Lighting of all externally lit signs shall be directed downward.
c. 
Illumination of signs shall be prohibited after 9 p.m.
d. 
Internally illuminated signs shall be designed so that only the lettering of the sign shall emit light after dark. One illuminated sign is permitted per business.
9.9.2.3 
Nonresidential Landscaping and Buffering.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Screening.
All screening must be fully installed and maintained to meet the standards of this code to including [include] the following:
a. 
New nonresidential development must provide screening of the development, including parking areas and accessory structures from adjoining properties.
b. 
Minimum height of nonresidential screening will be six (6) feet.
c. 
Screening may be constructed using stucco walls, brick, masonry or coyote fences or wooden fences and placed on the property of the commercial establishment.
i. 
Nonresidential developers shall attempt to make agreements for the type of fencing (i.e. brick, stucco or other) with adjoining landowner. If no agreement is reached, the default screening material will be masonry.
9.9.2.4 
Noise Buffering.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
New nonresidential development that will create noise above ambient levels shall use sound walls or berms for minimizing traffic and business related noises.
2. 
Nonresidential development that generates noise levels above the ambient levels for morning and evening must limit operations to between 8:00 a.m. and 6:00 p.m.
9.9.2.5 
Landscaping.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
When appropriate for safety and clear sightlines, revegetation shall use low, round cover shrubs in order not to block views of roadways and driveways for traffic safety.
2. 
Plant Size.
All trees and shrubs used for required landscaping buffers must be maintained and screening must meet the following standards: trees shall have a caliper of one and one-half inch (1.5") or greater and shall be six feet (6') in height or taller at the time of planting. Shrubs shall be five (5) gallon size or greater at time of planting.
3. 
Landscaping Water Supply Conservation and Reuse.
Landscape irrigation shall be primarily sourced from required water collection cisterns. Any additional irrigation may be provided through passive water harvesting, grey water or other rainwater storage systems. Landscaping shall be designed to incorporate erosion control and, to the extent possible, use natural runoff water for landscaping irrigation. The provisions of this Subsection shall not apply to agricultural uses of water.
9.9.2.6 
Residential Development.
Residential uses shall be permitted within the ASHCD boundary.
9.9.2.7 
Nonresidential Development.
Nonresidential uses shall have a maximum of 25,000 square feet of building area.
1. 
Buildings larger than 10,000 square feet shall include architectural offsets for every 100 feet in length.
2. 
Only 3 businesses may occupy a single lot.
3. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
Buildings with side or rear parking must be set back 50 feet from Highway Right-of-Way boundary.
b. 
Buildings with front parking must be set back 75 feet from Highway Right-of-Way boundary. Parking is permitted within 25 feet of the building.
c. 
Nonresidential buildings must be set back at least 100 feet from existing residential structures on adjoining property.
d. 
In cases where setback requirements prohibit development of a parcel the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
9.9.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.9.3.1 
Generally.
The ASHCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.9.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the El Valle de Arroyo Seco Corridor District are listed in Table 9-9-2.
Table 9-9-2: El Valle de Arroyo Seco Corridor District Base Zoning
TC
Traditional Community
CN
Commercial Neighborhood
PI
Public/Institutional
1. 
ASHCD Traditional Community (ASHCD TC); Purpose.
The purpose of this district is to designate areas suitable for residential, small-scale commercial and traditional agricultural uses consistent with the existing development patterns of traditional communities. The TC district accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses from encroachment by development. Density bonuses and transfers of development rights may be utilized to achieve the purposes of the district. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited shall be as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ASHCD Use Table [Table 9-9-8].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-9-3:
Table 9-9-3: Dimensional Standards ASHCD TC (Traditional Community)
Zoning District
ASHCD TC
Density (# of acres per dwelling unit)
0.75/0.33*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (commercial)
2,500 sq. ft.
Lot Coverage for nonresidential development (maximum percent)
20
*The standard density of one dwelling unit/0.75 acres may be increased to one dwelling unit/0.33 acres if the lot is served by public water and sewer.
2. 
ASHCD Commercial Neighborhood (ASHCD CN); Purpose.
The purpose of this district is to allow for low-rise low-intensity convenience retail and personal services, as well as office uses, that are intended to serve and are in close proximity to individual residential neighborhoods. Generally, the desired location of these commercial areas is at the periphery, focal point, or a major entrance to one or more neighborhoods, along a minor or subdivision collector or higher roadway classification, or along a major access road at the entrance to or in a focal point of a neighborhood.
a. 
Use Regulations.
Uses permitted, conditional and prohibited shall be as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ASHCD Use Table [Table 9-9-8].
i. 
Restaurant, with incidental consumption of alcoholic beverages:
(a) 
This use is limited to a maximum of 35 seats.
ii. 
Restaurant, with no consumption of alcoholic beverages permitted:
(a) 
This use is limited to a maximum of 35 seats.
iii. 
Automobile repair and service:
(a) 
This use is limited to a maximum of 4 bays.
iv. 
Bicycle, motorcycle, all-terrain vehicle dealers:
(a) 
This use is limited to bicycles and electric vehicles.
v. 
Beer, wine and liquor store (off-premises consumption of alcohol):
(a) 
This use is limited to beer, wine or spirits manufactured on site.
vi. 
Manufacturing plants:
(a) 
This use is limited to small-scale manufacturing.
vii. 
Active open space/athletic fields/golf courses:
(a) 
Golf courses are prohibited.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-9-4.
Table 9-9-4: Dimensional Standards ASHCD CN (Commercial Neighborhood)
CN Zoning District
ASHCD CN
Density
.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot coverage (maximum, percent)
20
Maximum building size (aggregate)
25,000
3. 
ASHCD Public/Institutional (ASHCD PI); Purpose.
The purpose of the Public/Institutional (PI) district is to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited shall be as identified in Chapter 8 and Appendix B of this Code with exceptions identified below and on ASHCD Use Table [Table 9-9-8].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-9-5.
Table 9-9-5: Dimensional Standards ASHCD PI (Public Institutional)
PI Zoning District
ASHCD PI
Density
.75
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot coverage (maximum, percent)
20
9.9.4 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.9.4.1 
Home Occupations.
Purpose: Home Occupations are small-scale uses that are conducted from one’s home and are secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of the SLDC with the following exceptions as identified on Table 9-9-6 ASHCD Home Occupations.
Table 9-9-6: ASHCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
3
3
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
50% of heated square footage
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
4
12
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
Signs have a maximum of 9 square feet. Illuminated signs are prohibited.
Signs have a maximum of 9 square feet. Illuminated signs are prohibited.
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
Up to 2
3-6
1. 
All parking for the residence and home occupation, including all parking for the resident(s), employees and patrons, must be located off of the Right-of-Way, roadway and shoulders of the road and shall meet all code requirements.
a. 
There shall be one (1) parking space per employee and one per every 400 square feet of structure used for business.
9.9.4.2 
Supplemental Use Regulations; Purpose.
This Section establishes additional or alternative standards for particular uses in the ASHCD. The purpose of this chapter is to establish standards for specific uses which require special design considerations in order to: protect surrounding property values and uses; protect the public health, safety, and general welfare; and implement the SGMP. These standards seek compatibility with the principal uses permitted in a zoning district. It is the intent of the County that supplemental uses comply with the standards that have been created to address the particular impacts and characteristics. Uses shall be as stated on the Use Table for ASHCD [Table 9-9-8], these are permitted in the Traditional Community and Commercial Neighborhood Zones in ASHCD with the following restrictions:
1. 
Uses listed below must have the licensee of the business residing in a dwelling on the property and the home must be the licensee’s primary residence.
a. 
Maximum density for a home business shall be one dwelling unit per 1.5 acres.
b. 
The total area used for a home business and related activities shall not exceed 2,000 square feet of the residence and/or accessory structure.
c. 
The space used for business may be part of the house or accessory structure.
d. 
Outdoor storage areas shall not exceed 1,000 square feet or one-half of total home business square footage, whichever is less.
e. 
A maximum of one sign shall be permitted per business.
f. 
Signs may be either building-mounted or pedestal-mounted.
g. 
Maximum square footage of any sign shall not exceed 35 square feet.
h. 
Illuminated signs are prohibited.
i. 
Reflective signs are permitted.
j. 
Sign height and setbacks shall follow the standards outlined above in this Section.
k. 
Home Businesses must provide detailed trash management plans to demonstrate that all solid waste generated from the operation will be properly managed and disposed of as follows:
i. 
Trash receptacles must be screened on all sides by a solid wall or fence and gate.
ii. 
Trash must be removed on a bi-weekly basis.
l. 
Retail establishments including arts and craft, galleries, electronic sales and service, bookstores, grocery stores, greenhouses and nurseries:
i. 
These uses shall be limited to a maximum of 2,000 square feet.
m. 
Bed and Breakfast establishments:
i. 
These uses shall be limited to a maximum of 4 guest bedrooms.
n. 
Professional service establishments including attorney offices, medical and dental offices, veterinary establishments, realtors, accountants, barber and beauty shops, shoe repair shops:
i. 
These uses shall be limited to a maximum of 2,000 square feet.
o. 
Automotive repair:
i. 
These uses shall be limited to a maximum of 2 bays.
p. 
Restaurants, diners and coffee shops:
i. 
They shall be limited to a maximum of 2,000 square feet.
q. 
Breeding and boarding facilities:
i. 
These shall have a maximum of 6 animals under care at the business site overnight.
r. 
Manufacturing establishments for metal and woodwork, furniture making, and artisan material production:
i. 
These uses shall have a maximum of 2,000 square feet.
9.9.5 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the ASHCD Use Table 9-9-8. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-9-7. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 14. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-9-7: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-9-8: ASHCD Use Table
Use
Function
Structure
Activity
ASHCD TC
ASHCD CN
ASHCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
A
 
Accessory dwelling units
 
1130
 
A
A
A
Ch. 10
Townhouses
 
 
 
P
P
A
 
Multifamily dwellings
1202-99
C
P
A
 
Retirement housing
1210
 
 
P
P
P
 
Assisted living facility
1230
 
 
C
P
P
 
Life care or continuing care facilities
1240
 
 
C
P
P
 
Nursing facilities
1250
 
 
C
P
P
 
Community home, NAICS 623210
 
 
 
C
P
P
 
Barracks
 
1310
 
X
X
P
 
Dormitories
 
1320
 
X
C
P
 
Temporary structures, tents etc. for shelter
 
1350
 
A
C
P
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
P
P
X
Ch. 10
Rooming and boarding housing
1320
 
 
C
P
C
 
Resorts
 
 
 
X
X
X
 
Retreats
 
 
 
X
C
X
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
C
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
P
X
Ch. 9
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
P
X
Ch. 9
Store or shop without drive through facility
 
2230
 
C
P
X
 
Department store
 
2240
 
X
X
X
 
Warehouse discount store/ superstore
2124
2250
 
X
X
X
 
Market shops, including open markets
 
2260
 
C
P
X
 
Gasoline station
 
2270
 
X
C
X
 
Automobile repair and service
 
2280
 
C
P
X
Ch. 9
Car dealer
2111
 
 
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
P
X
Ch. 9
Boat or marine craft dealer
2114
 
 
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
C
P
X
 
Gasoline service
2116
 
 
X
C
X
 
Lumberyard and materials
2126
 
 
X
C
X
 
Outdoor resale business
2145
 
 
X
X
X
 
Pawnshops
NAICS 522298
C
P
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
P
X
Ch. 9
Shopping center
2510-2580
X
P
X
Convenience stores or centers
 
2591
 
P
P
X
 
Car care center
 
2593
 
C
P
X
 
Carwashes
NAICS 811192
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
P
X
 
Office (with drive-through facility)
 
2110
 
X
C
X
 
Office or store with residence on top
 
2300
 
X
P
X
 
Office - over storefront structure
 
2400
 
X
P
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
C
P
X
 
Car rental and leasing
2331
 
 
C
P
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
C
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
C
P
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
 
Camps, camping, and related establishments
5400
 
 
C
X
C
 
Sexually oriented business
 
 
 
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
C
P
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
C
X
 
Loft
 
2611
 
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
 
Manufacturing plants
 
2613
 
X
C
X
Ch. 9
Industrial parks
 
2614
 
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
 
Construction-related businesses
7000
 
 
X
P
X
 
Heavy construction
7400
 
 
X
X
X
 
Machinery related
7200
 
 
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
P
X
 
Automotive paint and body
 
 
 
X
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
DCI
DCI
DCI
 
Vehicle storage for towing or related business
 
 
 
X
C
C
 
Demolition, building and structure business
 
 
 
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
C
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
C
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
 
Warehouse structure
 
2730
 
X
C
X
 
Produce warehouse
 
2740
 
X
C
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
C
X
 
Large area distribution or transit warehouse
 
2760
 
X
C
X
 
Wholesale trade - durable goods
3510
 
 
X
C
X
 
Wholesale trade nondurable goods
3520
 
 
X
C
X
 
Food, textiles, and related products
 
 
 
X
C
X
 
Wood, paper, and printing products
 
 
 
X
C
X
 
Tank farms
 
2780
 
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
C
P
P
 
Movie theater
 
 
3120
X
P
P
 
Amphitheater
 
 
3130
X
X
P
 
Drive-in theaters
 
 
3140
X
X
X
 
Indoor games facility
 
3200
 
X
C
P
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
C
 
Amusement or theme park
5310
 
 
X
X
X
 
Arcade
5320
 
 
X
X
X
 
Miniature golf establishment
5340
 
 
X
C
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
C
P
 
Bowling, billiards, pool, etc.
5380
 
 
X
C
C
 
Skating rinks
5390
 
 
X
P
P
 
Sports stadium or arena
 
3300
 
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
P
 
Religious facilities
 
3500
 
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
C
P
 
Passenger terminal, mixed mode
 
3810
 
X
C
C
*
Active open space/athletic fields/golf courses
6340
 
 
X
C
C
* Ch. 9
Passive open space
6340
 
 
C
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
C
C
P
 
Movie ranch
 
 
 
X
P
P
 
Camps, camping, and related establishments
5400
 
 
X
X
P
 
Exhibitions and art galleries
 
4410
 
P
P
P
 
Performing arts or supporting establishment
5100
 
 
P
P
P
 
Theater, dance, or music establishment
5101
 
 
P
P
P
 
Institutional or community facilities
Community center
 
2200
 
C
P
P
 
Hospitals
 
4110
 
X
X
P
 
Medical clinics
 
4120
 
P
P
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
P
P
P
 
Child and youth services
6561
 
 
P
P
P
 
Child care institution
6562
 
 
P
P
P
 
Day care center
6562
 
 
P
P
P
 
Community food services
6563
 
 
P
P
P
 
Emergency and relief services
6564
 
 
P
P
P
 
Other family services
6565
 
 
P
P
P
 
Services for elderly and disabled
6566
 
 
P
P
P
 
Animal hospitals
6730
 
 
C
P
P
 
School or university (privately owned)
 
4200
 
P
C
P
 
Grade school (privately owned)
 
4210
 
P
P
P
 
College or university facility (privately owned)
 
4220
 
C
C
P
 
Technical, trade, and other specialty schools
6140
4230
 
C
C
P
 
Library
 
4300
 
P
P
P
 
Museum, exhibition, or similar facility
5200
4400
 
P
P
P
 
Planetarium
 
4420
 
C
P
P
 
Aquarium
 
4430
 
C
C
P
 
Zoological parks
 
4450
 
X
X
P
 
Public safety related facility
 
 
4500
P
P
P
 
Fire and rescue station
 
 
4510
P
P
P
 
Police station
 
 
4520
P
P
P
 
Emergency operation center
 
 
4530
P
P
P
*
Correctional or rehabilitation facility
 
 
4600
X
X
P
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
P
 
Funeral homes
 
 
4800
X
C
X
 
Cremation facilities
 
 
4800
X
X
X
 
Public administration
 
6200
 
X
C
P
 
Post offices
 
6310
 
X
P
P
 
Space research and technology
 
6330
 
X
C
P
*
Clubs or lodges
 
 
 
X
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
C
C
 
Commercial automobile parking garages
 
 
 
X
C
C
 
Surface parking, open
 
5210
 
X
A
A
 
Surface parking, covered
 
5220
 
X
A
A
 
Underground parking structure with ramps
 
5240
 
X
P
P
 
Rooftop parking facility
 
5250
 
X
X
X
 
Bus terminal
 
3830
 
X
X
P
 
Bus stop shelter
 
5300
 
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
C
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
C
P
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
C
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
C
C
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
C
C
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
C
X
 
Commercial airports
 
5600
 
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
 
Heliport facility
 
5640
 
X
X
X
 
Helistops
 
 
 
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
C
 
Railroad tracks, spurs, and sidings
 
 
 
X
C
P
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
C
 
Railroad passenger station
 
5701
 
X
C
P
 
Railroad freight facility
 
5702
 
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
X
A
P
 
Telecommunications lines
 
 
 
P
P
P
 
Electric power substations
 
 
 
X
C
C
 
High-voltage electric power transmission lines
 
 
 
X
C
C
 
Dam
 
6220
 
X
X
C
 
Livestock watering tank or impoundment
 
 
 
P
P
P
 
Levee
 
6230
 
C
A
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
A
P
 
Water treatment and purification facility
 
6270
 
P
P
P
 
Water reservoir
 
6280
 
C
C
P
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
C
P
 
Solid waste landfill facility
4345
6320
 
X
X
C
 
Composting facility
 
6330
 
C
P
X
 
Recycling transfer center
 
6331
 
X
C
P
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
C
C
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
C
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
C
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
C
 
Gas or electric power generation facility
 
6400
 
X
X
DCI
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
C
P
P
 
Amateur radio antenna
 
6510
 
P
P
P
 
Weather stations
 
6520
 
X
C
P
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
A
P
P
 
Commercial solar energy production facility
 
 
 
X
C
C
 
Geothermal production facility
 
6450
 
X
X
C
 
Large-scale wind facility
 
 
 
X
X
X
Sec. 10.16
Broadcasting station
4230
 
 
X
C
C
 
Highway rest stops and welcome centers
 
6930
 
X
C
X
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
C
P
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
P
P
C
 
Animal production that includes slaughter
9300
 
 
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
 
Commercial greenhouses
 
8500
 
C
P
C
 
Nurseries and other growing of ornamental plants
 
 
 
P
P
P
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
P
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
C
C
C
 
Kennels and commercial dog breeding facilities
 
8700
 
C
C
P
 
Apiary and other related structures
 
8700
 
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
 
Crop production greenhouse
 
8500
 
C
P
C
 
Display or sale of agricultural products raised on the same premises
 
 
 
A
P
P
 
Forestry and logging operations
9300
 
 
X
C
P
 
Game preserves and retreats
9400
 
 
X
C
P
 
Support business and operations for agriculture and forestry
 
 
 
X
C
P
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
Sec.
10.3
Dairy farms
 
8210
 
A
C
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
A
C
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.10.1 
Purpose and Intent.
The provisions of the U.S. 285 South Highway Corridor District (285 SHCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the U.S. 285 South Highway Corridor Plan and the Sustainable Growth Management Plan (SGMP). The 285 SHCD is designed to ensure compatibility among various land uses, encourage compact development, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the community. Provisions include standards and dimensions based on historic development patterns and incentives to facilitate compact development where appropriate in conjunction with conservation easements that preserve agricultural land and open space.
9.10.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.10.2.1 
Setbacks.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
The required setbacks for any building or accessory structure that contains a nonresidential use may be reduced to 25 feet from the edge of the right-of-way of U.S. Highway 285 or the Old Las Vegas Highway if access and parking are located other than between the building and the highway.
2. 
The required setbacks from highways shall be landscaped and shall not contain parking or structures, but may contain pedestrian paths and trails.
9.10.2.2 
Landscaping and Buffering.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Disturbed areas.
All disturbed areas shall be landscaped with native grass seed or with plants on the list of suitable native species on file with the Administrator.
2. 
Public.
Public areas such as plazas, parking lots and streets shall be landscaped with xeriscape trees and shrubs.
9.10.2.3 
Fences and Walls.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Noise screening.
Noise walls facing U.S. Highway 285 or the Old Las Vegas Highway are prohibited. Additional setbacks or landscaped berms may be used to reduce noise impacts.
2. 
Perimeter Fencing.
Perimeter fencing around lots or projects may be no more than 50% opaque.
Figure 9.10.1
-Image-28.tif
3. 
Prohibited Fencing.
Chain-link and wire mesh fencing are prohibited.
4. 
Nonresidential screening of parking.
Parking areas for nonresidential development shall be screened from adjacent residences by walls, berms, or a combination thereof that are a minimum of 3 feet in height and a maximum of 11 feet in height.
9.10.2.4 
Lighting.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Outdoor Lighting Height.
Street lights shall not exceed 24 feet in height. Other outdoor lights shall not exceed 18 feet in height or the height of the lowest adjacent building, whichever is less.
2. 
Prohibited Lighting.
Neon, flashing, traveling, intermittent, spot, and architectural lights are prohibited.
3. 
Lighting for Outdoor Art.
All lighting which illuminates outdoor art shall be low intensity.
4. 
Spillover of Lighting.
Exterior lighting from one lot shall not spill over to another lot or adjoining property with the exception of shared parking for nonresidential uses.
9.10.2.5 
Signs.
The standards for signs shall be as regulated by Chapter 7 of the Code with the following exceptions:
1. 
Residential and Nonresidential Identification Signs.
a. 
Signs identifying a residential subdivision shall be located within the subdivision at each external street entrance to the subdivision, not to exceed 2 such signs. If the subdivision is adjacent to U.S. Highway 285 or the Old Las Vegas Highway, the sign(s) shall be located at the side road that provides access from the highway to the subdivision.
b. 
Signs identifying nonresidential development, such as a business or civic use, shall be located on the same lot as that development. The development shall be allowed one identification sign at each external street entrance to the development, not to exceed 2 such signs.
c. 
All signs(s) shall be monument signs. The monument supporting the sign shall not exceed 45 square feet and 5 feet in height.
d. 
All sign lettering shall not exceed 30 square feet.
Figure 9.10.2
-Image-29.tif
e. 
Signs shall be constructed of stucco, stone, wood, or a combination of these materials.
f. 
Signs shall incorporate step-downs or pilasters.
g. 
Signs primarily constructed of stucco shall have an earth-tone color and have soft edges.
h. 
Signs primarily constructed of stone shall have a natural stone color and have rough or natural edges.
i. 
Signs primarily constructed of wood shall have a natural wood color.
Figure 9.10.3
-Image-30.tif
9.10.2.6 
Terrain Management.
The standards shall be as regulated by Chapter 7 of the Code with the following exceptions:
1. 
Intent.
All development shall take advantage of the most appropriate naturally occurring buildable area and shall avoid the natural and cultural features identified for protection in the U.S. 285 South Highway Corridor Plan.
2. 
All development shall be set back a minimum of 50 feet from the top of natural arroyo banks.
9.10.2.7 
Water Supply and Conservation.
1. 
Water Supply Conservation and Reuse.
Landscape irrigation shall be primarily sourced from required water collection cisterns. Any additional irrigation may be provided through passive water harvesting, grey water or other rainwater storage systems. The provisions of this Subsection shall not apply to agricultural uses of water.
9.10.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.10.3.1 
Generally.
The 285 SHCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.10.3.2 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12] and below:
9.10.3.3 
Base Zoning Districts.
Base zoning districts approved for use in the 285 SHCD are listed in Table 9-10-1.
Table 9-10-1: U.S. 285 South Highway Corridor Base Zoning Districts
A/R
Agriculture/Ranching
RUR
Rural
RUR-F
Rural Fringe
RUR-R
Rural Residential
RES F
Residential Fringe
RES-E
Residential Estate
CN
Commercial Neighborhood
PI
Public/Institutional
1. 
285 SHCD Agriculture/Ranching (285 SHCD A/R); Purpose.
The purpose of this district is to designate areas suitable for agricultural, ranching and residential uses, and to prevent encroachment of incompatible uses and the premature conversion of agricultural and ranch lands to nonagricultural uses. Uses in the A/R district are limited to agricultural, ranch, residential and other compatible uses. Density transfers, where applicable, and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-10-2:
Table 9-10-2: Dimensional Standards 285 SHCD A/R (Agriculture/Ranching)
Zoning District
285 SHCD A/R
Density (# of acres per dwelling unit)
160
Lot width (minimum, feet)
400
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
2. 
285 SHCD Rural (285 SHCD RUR); Purpose.
The purpose of this district is to designate areas suitable for a combination of agricultural, equestrian, residential, and other compatible uses and to protect agricultural uses from encroachment by development. This district also supports agricultural, ranch, very large lot residential, ecotourism, and equestrian uses. Density transfers, where applicable, and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space, or protect scenic features, and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on 285 SHCD Use Table [Table 9-10-12].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-10-3.
Table 9-10-3: Dimensional Standards 285 SHCD RUR (Rural)
Zoning District
285 SHCD RUR
Density (# of acres per dwelling unit)
40
Lot width (minimum, feet)
150
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
3. 
285 SHCD Rural Fringe (285 SHCD RUR-F); Purpose.
The purpose of this district is to designate areas suitable for a combination of estate-type residential development, agricultural uses and other compatible uses. The 285 SHCD RUR-F zone accommodates primarily large lot residential, ecotourism, equestrian uses and renewable resource-based activities, seeking a balance between conservation, environmental protection and reasonable opportunity for development. Density transfers, where applicable, and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified below and on the 285 SHCD Use Table [Table 9-10-12].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of the Code except as prescribed in Table 9-10-4.
Table 9-10-4: Dimensional Standards 285 SHCD RUR-F (Rural Fringe)
Zoning District
285 SHCD RUR-F
Density (# of acres per dwelling unit)
20
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
4. 
285 SHCD Rural Residential (285 SHCD RUR-R); Purpose.
The purpose of this district is to designate areas for the development of single-family homes on large lots, either individually or as part of rural subdivisions; to preserve the scenic and rural character of the County; to provide consolidated open space and agricultural lands; and to recognize the desirability of carrying on compatible agricultural operations and home developments in areas near the fringes of urban development while avoiding unreasonable restrictions on farming or ranching operations. Uses that support rural character of the broader area shall be allowed including agricultural production, small-scale renewable energy production, home-based businesses, bed and breakfasts, agro-tourism, equestrian and boarding facilities, and farmers’ markets.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12] and as prescribed below:
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-10-5.
Table 9-10-5: Dimensional Standards 285 SHCD RUR-R (Rural Residential)
Zoning District
285 SHCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
5. 
285 SHCD Residential Fringe (285 SHCD RES-F); Purpose.
The purpose of this district is to designate areas suitable for a combination of estate-type residential development, smaller-scale agricultural uses, ranchettes and other compatible uses. The 285 SHCD RES-F district may be comprised of a variety of residential lot sizes, clustered housing and community open space and can include limited agricultural use accessory to residential uses. Density transfers, where applicable, and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on 285 SHCD Use Table [Table 9-10-12] and as prescribed below:
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-10-6.
Table 9-10-6: Dimensional Standards 285 SHCD RES-F (Residential Fringe)
Zoning District
285 SHCD RES-F
Density (# of acres per dwelling unit)
5
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
6. 
285 SHCD Residential Estate (285 SHCD RES-E); Purpose.
The purpose of this district is to designate areas suitable for a combination of large-lot and suburban-type residential development, ranchettes and other compatible uses. The 285 SHCD RES-E district supports single-family homes on medium sized lots consistent with contemporary community development. This category may include limited agricultural use accessory to residential uses. Density transfers, where applicable, and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in Table 9-10-7.
Table 9-10-7: Dimensional Standards 285 SHCD RES-E (Residential Estate)
Zoning District
285 SHCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
7. 
285 SHCD Commercial Neighborhood (285 SHCD CN); Purpose.
The purpose of this district is to allow for low-rise low-intensity convenience retail and personal services, as well as office uses, which are intended to serve and are in close proximity to individual residential neighborhoods. Generally, the desired location of these commercial areas is at the periphery, focal point, or a major entrance to one or more neighborhoods, along a minor or subdivision collector or higher roadway classification, or along a major access road at the entrance to or in a focal point of a neighborhood.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12].
i. 
Mini-Storage Units.
Mini-storage units are allowed in conjunction with other uses on a common parcel within the 285 SHCD CN. Mini-storage units shall occupy no more than 50% of the total floor area of the principal use or uses. Mini-storage units and other similar self-storage facilities shall comply with these standards:
(a) 
All structures, including the accessory manager’s office/apartment, must be set back a minimum of 25 feet from the right-of-way or the district minimum setback, whichever is greater.
(b) 
The units shall be separated from U.S. Highway 285 by buildings or trees.
(c) 
Where a mini-storage unit or similar self-storage facility abuts nonresidential development, no side and rear setbacks are required.
(d) 
Where a mini-storage unit or similar self-storage facility abuts residential property, buildings adjacent to the perimeter must face inward with doors away from the residentially zoned property.
(e) 
One management office and/or accessory residence shall be permitted.
(f) 
The mini-storage unit or similar self-storage facility shall be limited to use for storage purposes only.
(g) 
If the storage facility is gated, a minimum of 4 off-street vehicle-stacking spaces shall be provided between the public right-of-way and the front gate of the self-storage facility.
ii. 
Leasing trucks, trailers, and recreational vehicles:
(a) 
Vehicle sales, leasing and rental shall be limited to vehicles which can be operated with a Class D License.
(b) 
Vehicle sales and leasing requiring a CDL shall be prohibited.
(c) 
Motorized recreational vehicles such as ATVs, RVs, quads, jet skis shall be prohibited.
(d) 
E-bike leasing shall be allowed.
(e) 
No more than 20 such vehicles shall be parked at the business at any one time.
(f) 
All rental vehicles shall be parked in specially marked spaces.
iii. 
Bicycle, motorcycle, all-terrain vehicle dealers.
(a) 
Only bicycle and e-bike dealers shall be allowed. Motorcycle and all-terrain vehicle dealers shall be prohibited.
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code except as prescribed in Table 9-10-8.
Table 9-10-8: Dimensional Standards U.S. 285 SHCD CN (Commercial Neighborhood)
Zoning District
285 SHCD CN
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24*
Lot coverage (maximum, percent)
20
*Maximum height may vary in specific Crossroads.
c. 
Architectural Design Standards (285 SHCD CN); Purpose.
Architectural styles shall be related or derived from the existing development.
i. 
Building Surfaces.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(a) 
All building surfaces shall be adobe, stucco or stone. Metal or vinyl surfaces are prohibited. Wood or brick is permitted as a trim not to exceed 10 percent of the exterior surface.
(b) 
All building surfaces shall be a minimum of 70 percent earth-tones and shall blend with the natural vegetation and soil on site.
(c) 
Accent colors shall not occupy more than 30 percent of the exterior surface.
ii. 
Roofs.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(a) 
The light reflective value of roof materials visible from any public right-of-way shall not exceed 30 percent.
(b) 
Tile may be used only as an accent on portals and tops of parapets.
(c) 
Grey, dark blue, dark green, dark brown or earth-tone roofs are allowed. Black, white, bright red, bright blue, bright green and goldenrod are prohibited.
iii. 
Facades.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(a) 
The first 10 vertical feet of walls that are visible from any public right-of-way and that enclose a nonresidential use shall have a minimum of 25 percent openings, such as windows, doors, passageways, and portals.
Figure 9.10.4-Image-31.tif
d. 
Sustainable Design Standards (285 SHCD CN).
As identified in Chapter 7 of this Code, except as prescribed below:
i. 
Landscaping.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(a) 
Walkways and Internal Streets.
Walkways and internal streets shall contain shade trees on at least one side, spaced a minimum of 40 feet apart.
(b) 
Parking areas.
Parking lots shall contain a minimum of 1 shade tree for each 10 parking spaces.
ii. 
Lighting.
As identified in Chapter 7 of this Code, except as prescribed below:
(a) 
Exterior lights are not allowed after business hours except for motion-sensor, interior, and automatic teller machine lights.
iii. 
Signs.
As identified in Chapter 7 of this Code, except as prescribed below:
(a) 
Each business shall be allowed signs equal to 1 square foot per each linear foot of storefront, not to exceed a total of 30 square feet.
(b) 
Signs may be a wall, canopy or monument sign(s).
(c) 
Prohibited signs include:
(i) 
Off-site advertising signs.
(ii) 
Pole-mounted signs.
(iii) 
Roof signs.
(iv) 
Internally lit signs.
(v) 
Neon signs.
(vi) 
Signs higher than 80% of the height of the highest building on the lot or project.
Figure 9.10.5
-Image-32.tif
(d) 
Multi-use projects consisting of 4 or more businesses shall be allowed 1 business directory monument or development identification sign at each external street entrance to the project, not to exceed 2 such signs.
iv. 
Parking and Loading.
As identified in Chapter 7 of this Code, except as prescribed below:
(a) 
Alternative Parking Budgets.
In order to reduce the amount of land dedicated to parking lots, an applicant may propose a parking budget using shared parking, differential time use, one-stop multiple use, and on-street parking within 400 feet of the use. Diagonal on-street parking may also be approved consistent with pedestrian safety. The County may approve such a parking budget with different parking requirements than are otherwise required after determining that adequate parking is provided for the proposed uses.
(b) 
Location.
Off-street parking lots or structures around a plaza or along a pedestrian-oriented street shall be located behind the building(s) facing the plaza or street, except for limited parking to the side of a building as provided in the specific standards for pedestrian-oriented streets.
(c) 
Size.
Parking lots located behind or to the side of buildings shall contain a maximum of 60 vehicle spaces. Where more parking spaces are required, multiple lots may be separated by streets and/or landscaping. Parking lots in front of buildings shall contain no more than 20 vehicle spaces.
(d) 
Parking Structures.
Parking structures shall be screened from view at street level and shall include architectural detailing, facade treatment, artwork, landscaping, or similar visual features to enhance the street facade. Screening of floors above street is encouraged through the use of vines or architectural screening detail compatible with the project.
(e) 
Bicycle Parking.
Bicycle parking racks shall be provided for all nonresidential development.
v. 
Road Design Standards for Public and Pedestrian-Oriented Space.
(a) 
Plazas.
Plazas are intended to function as public gathering places for daily interaction and seasonal celebrations. Plazas, if proposed, shall have the following design standards:
(i) 
The maximum length of side of a plaza shall be 250 feet.
Figure 9.10.6
-Image-33.tif
(ii) 
The plaza shall be fronted a minimum 75 percent around its perimeter by buildings or by streets that are fronted by buildings with a maximum setback of 10 feet from the street. The maximum distance between building entries facing the plaza shall be 75 feet.
(iii) 
The first 10 vertical feet of a building facade facing the plaza shall have a minimum of 25 percent openings (windows, doors, passageways, portals).
(iv) 
Shaded and protected seating shall be provided.
(b) 
Pedestrian-Oriented Streets.
Pedestrian-oriented streets are intended to function as public gathering spaces and pedestrian friendly pathways, while allowing the passage of a limited number of vehicles. Pedestrian-oriented streets, where required, shall have the following design standards:
(i) 
The minimum width of the sidewalk or walkway shall be 6 feet.
(ii) 
Buildings shall have entries facing the street.
(iii) 
The buildings along the street shall be set back from the edge of the sidewalk a maximum of 20 feet.
(iv) 
The maximum space between buildings on pedestrian-oriented streets shall allow access to rear parking lots and one double loaded parking aisle between buildings. Such side yard parking shall be screened from the street by landscaping or fences, walls or berms a maximum of 4 feet in height.
Figure 9.10.7
-Image-34.tif
(c) 
Courtyards.
Courtyards are intended to function as gathering spaces for daily interaction and provide entryways into buildings facing the courtyard. Courtyards, if proposed, shall have the following design characteristics:
(i) 
The courtyard shall have a direct connection to a public street.
(ii) 
The maximum length of a side of the courtyard shall be 120 feet.
(iii) 
The courtyard shall be fronted by buildings for a minimum of 50 percent of its perimeter.
(iv) 
The maximum distance between building entries facing the courtyard shall be 50 feet.
(d) 
Public Space Orientation.
Outdoor public spaces shall be oriented to provide protection from the prevailing winds and to take advantage of seasonal variations in sunlight.
Figure 9.10.8-Image-35.tif
(e) 
Pedestrian Circulation.
The standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(i) 
Pedestrian connections shall be provided between mixed-use areas and to adjacent residential areas, but are not required across U.S. Highway 285.
(ii) 
The surface of pedestrian walkways within nonresidential areas shall be paved or shall be provided with a hard surface. A connecting trail between nonresidential areas may be constructed of base course.
(iii) 
Crosswalks shall be provided at all intersections unless it is determined that any such crosswalk would be a safety hazard to pedestrians.
e. 
285 SHCD CN (Village Crossroads).
i. 
Location.
The following provisions apply to the Village Crossroads area, which is located at the intersection of U.S. Highway South 285 and Avenida Vista Grande/Colina Drive.
ii. 
Purpose.
The purpose of the Village Crossroads is to guide development of the area as a central community place with usable public spaces available to all age and physical groups, where festivities and public gatherings can occur; appropriate architecture and landscaping that is an expression of community character and that supports comfortable interaction and friendly gathering spots; clear, comfortable pedestrian access between developments and linkages to surrounding neighborhoods and community facilities; developments that relate to each other and provide diverse uses that respond to local needs and are available to all age and physical groups.
iii. 
Dimensional standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
No building shall exceed 35,000 square feet.
(b) 
Any building that exceeds 10,000 square feet shall be broken into smaller design elements in order to reduce the bulk of the building.
Figure 9.10.9
-Image-36.tif
(c) 
Building walls shall be broken up every 40 feet with horizontal offsets or portals with a minimum depth of 3 feet and a minimum width of 6 feet.
Figure 9.10.10
-Image-37.tif
iv. 
Location, Orientation and Access.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
Setbacks from roads other than U.S. Highway 285 and the Old Las Vegas Highway shall be no more than of 30 feet from the edge of the right-of-way.
(b) 
Development west of U.S. Highway 285 shall be oriented along an internal pedestrian-oriented street(s) or around a public plaza(s). The primary entrance to the buildings shall be from these internal streets or plazas. However, the side of any building facing Avenida Vista Grande shall include windows and architectural features.
(c) 
Development for a distance of 1,000 feet northeast from the intersection of U.S. Highway 285 and Colina Drive shall be oriented along Colina Drive. Colina Drive shall be considered a pedestrian-oriented street and development shall comply with other provisions of this Overlay applicable to pedestrian-oriented streets.
(d) 
A transfer of development rights, if applicable, may be used to concentrate development closer to the intersection of U.S. Highway 285 and Colina Drive, as allowed by this Code.
(e) 
Direct vehicular access to nonresidential development from U.S. Highway 285 is prohibited. Secondary access (right-turn in only) to the Village Crossroads may be approved if it meets NMDOT access management regulations.
f. 
285 SHCD CN (San Sebastian/Old Las Vegas Highway Crossroads).
i. 
Location.
The San Sebastian/Old Las Vegas Highway Crossroads area is located at the intersection of U.S. Highway 285 and Old Las Vegas Highway.
ii. 
Purpose.
The purpose of the San Sebastian/Old Las Vegas Highway Crossroads is to establish small-scale nonresidential development to serve primarily local needs.
iii. 
Dimensional standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
The maximum size of any building shall not exceed 15,000 square feet.
(b) 
Any building that exceeds 5,000 square feet shall be broken into smaller design elements in order to reduce the bulk of the building. (See Figure 9.10.9)
(c) 
Building walls shall be broken up every 40 feet with horizontal offsets or portals with a minimum depth of 3 feet and a minimum width of 6 feet. (See Figure 9.10.10)
(d) 
The setbacks from roads other than U.S. Highway 285 and the Old Las Vegas Highway shall be no more than 50 feet.
iv. 
Design Standards.
As identified in Chapter 7 of this Code, except as prescribed below:
(a) 
Buildings, commercial lighting, and signage shall be oriented to Old Las Vegas Highway.
(b) 
Parking for nonresidential development shall be located at the rear of the building(s) it serves.
(c) 
Primary vehicular access to parking areas for nonresidential development shall be restricted to the Old Las Vegas Highway.
(d) 
Nonresidential development along Old Las Vegas Highway shall provide clear separation between pedestrian and vehicular traffic to enhance pedestrian safety.
(e) 
Roadside vending is prohibited.
(f) 
Fencing in arroyos shall not restrict the natural passageway for wildlife and shall not affect the natural drainage.
g. 
285 SHCD CN (Entryway Crossroads).
i. 
Location.
The location of the Entryway Crossroads area is at the intersection of U.S. Highway 285 and Avenida Amistad.
ii. 
Purpose.
The purpose of Entryway Crossroads area is to provide a gateway to the historic Simpson Ranch, preserve the predominant natural features, maintain neighborhood privacy, and provide for neighborhood scale nonresidential development that conveys the community character and history.
iii. 
Dimensional Standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
The maximum size of any building shall not exceed 15,000 square feet.
(b) 
Any building that exceeds 5,000 square feet shall be broken into smaller design elements in order to reduce the bulk of the building. (See Figure 9.10.9)
(c) 
Building walls shall be broken up every 40 feet with horizontal offsets or portals with a minimum depth of 3 feet and a minimum width of 6 feet. (See Figure 9.10.10)
iv. 
Design Standards.
As identified in Chapter 7 and 8 of this Code, except as prescribed below:
(a) 
Nonresidential development west of U.S. Highway 285 shall be oriented along an internal pedestrian-oriented street or around a public plaza.
(b) 
Nonresidential development east of U.S. Highway 285 shall be oriented on a north-south axis on an internal pedestrian-oriented street parallel to U.S. Highway 285.
(c) 
Direct vehicular access to nonresidential development from U.S. Highway 285 is prohibited.
(d) 
Buildings are limited to 18 feet in height. However, buildings on the perimeter of the Entryway Crossroads that face residential areas shall be limited to 12 feet in height.
h. 
285 SHCD CN (Alma Crossroads).
i. 
Location.
The following provisions apply to the Alma Drive Crossroads area, which is at the intersection of U.S. Highway 285 and Alma Drive.
ii. 
Purpose.
The purpose U.S. Highway 285 and Alma Drive crossroads is to retain the semi-rural residential character of the immediate area by limiting nonresidential development to a very small area that has historically contained commercial uses.
iii. 
Dimensional Standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
The maximum size of any building shall not exceed 15,000 square feet.
(b) 
Any building that exceeds 5,000 square feet shall be broken into smaller design elements in order to reduce the bulk of the building. (See Figure 9.10.9)
(c) 
Building walls shall be broken up every 40 feet with horizontal offsets or portals with a minimum depth of 3 feet and a minimum width of 6 feet. (See Figure 9.10.10)
iv. 
Design Standards.
As identified in Chapter 7 and 8 of this Code, except as prescribed below:
(a) 
Direct access to any new development from U.S. Highway 285 is prohibited.
i. 
285 SHCD CN (Community Facility Crossroads).
i. 
Location.
The following provisions apply to the Community Facilities Crossroads area, which is adjacent to the access road leading from U.S. Highway 285 to the County Facility identified in the Public Institutional Zoning District.
ii. 
Purpose.
The purpose of these provisions is to ensure that the area continues to function and expand as an important community facilities node, with an emphasis on buffering activities from surrounding residential areas.
iii. 
Dimensional standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
(a) 
The maximum size of any building shall not exceed 5,000 square feet. (See Figure 9.10.9)
(b) 
Building walls shall be broken up every 40 feet with horizontal offsets or portals with a minimum depth of 3 feet and a minimum width of 6 feet. (See Figure 9.10.10)
(c) 
The total size of the area shall not exceed 3 acres, bounded on the north by the service road, on the east by the transfer station, on the south by the ridge, and on the west by the U.S. Highway 285 South right-of-way.
(d) 
Uses and buildings shall be oriented to the existing service road serving the existing County Facilities.
(e) 
Access to new development shall be from the existing service road serving the County Facilities.
(f) 
The knoll south of the existing service road serving the County Facilities shall be preserved in its natural state.
(g) 
The arroyo north of the existing service road serving the County Facilities shall be preserved in its natural state.
8. 
285 SHCD Public/Institutional (285 SHCD PI); Purpose.
The purpose of this district is to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the 285 SHCD Use Table [Table 9-10-12] and as prescribed below:
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-10-9.
Table 9-10-9: Dimensional Standards 285 SHCD PI (Public/Institutional)
Zoning District
U.S. 285 SHCD PI
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot coverage (maximum, percent)
80
9.10.4 
285 SHCD Overlay Zones.
9.10.4.1 
285 SHCD Rural Commercial Overlay (285 SHCD O-RC); Purpose.
The 285 SHCD O-RC allows for nonresidential development which shall be compatible with existing land use patterns, existing residential areas, land ownership characteristics, and geographic features near the property. The 285 SHCD O-RC is intended to support the needs of the community and to retain the predominantly rural and residential character of the corridor. Commercial uses that are small in scale are appropriate within this overlay zone in order to support the development of the corridor as a mix of residential and commercial.
1. 
Location.
The following provisions apply to the Spur Ranch Crossroads area, which is located at the intersection of U.S. Highway 285 and Spur Ranch Road. Boundaries of the O-RC are shown on the Official Zoning Map.
a. 
Dimensional standards.
The standards shall be as regulated by Chapter 8 of the Code with the following exceptions:
i. 
Direct access to any new development from U.S. Highway South 285 is prohibited.
ii. 
Single nonresidential structures or buildings shall not exceed five thousand (5,000) square feet.
iii. 
No building shall exceed 18 feet in height.
b. 
Permitted Uses.
In addition to those uses allowed by the underlying zoning, upon the issuance of a development permit, the following uses are allowed:
i. 
Retail services, such as small-scale retail shops and stores, small offices, restaurants, and live-work units.
c. 
Conditional Uses.
The following uses may be allowed in the 285 SHCD O-RC upon the issuance of a conditional use permit:
i. 
Services such as greenhouses and nurseries, agriculturally related supplies and equipment, farmers’ or other outdoor markets, and exercise, fitness, and/or dance studios[.]
9.10.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.10.5.1 
Home Occupations.
Purpose: Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exceptions as identified in Table 9-10-10.
Table 9-10-10: 285 SHCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
3
6
Area used for business (maximum)
25% of heated square footage*
35% of heated square footage*
50% of heated square footage*
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
4
12
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
see Section 7.9.4.3 [sic]
see Section 7.9.4.3 [sic]
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
Up to 2
3-6
*No more than 2,500 square feet shall be dedicated to the home occupation.
9.10.6 
285 SHCD Use Table. Uses permitted in the base zones and planned development zoning districts are shown in the SHCD Use Table 9-10-12. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-10-11. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-10-11: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-10-12: 285 SHCD Use Table
Use
Function
Structure
Activity
285 SHCD A/R
285 SHCD RUR
285 SHCD RUR-F
285 SHCD RUR-R
285 SHCD RES-F
285 SHCD RES-E
285 SHCD CN
285 SHCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
P
P
P
P
X
 
Accessory dwelling units
 
1130
 
A
A
A
A
A
A
A
X
Ch. 10
Townhouses
 
 
 
X
X
X
X
X
X
X
X
 
Multifamily dwellings
1202-99
X
P
X
X
X
X
X
X
 
Retirement housing
1210
 
 
C
C
C
C
C
C
C
X
 
Assisted living facility
1230
 
 
C
C
C
C
C
C
C
X
 
Life care or continuing care facilities
1240
 
 
C
C
C
C
C
C
C
X
 
Nursing facilities
1250
 
 
C
C
C
C
C
C
C
X
 
Community home, NAICS 623210
 
 
 
P
P
P
P
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
X
X
X
X
X
X
X
X
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
C
C
C
C
C
C
P
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
X
X
X
X
X
X
X
 
Resorts
 
 
 
X
X
X
X
X
X
X
X
 
Retreats
 
 
 
C
C
C
C
C
C
C
X
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
X
X
C
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
X
X
C
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
X
X
X
P
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
X
X
X
P
X
 
Store or shop without drive through facility
 
2230
 
X
X
X
X
X
X
P
X
 
Department store
 
2240
 
X
X
X
X
X
X
X
X
 
Warehouse discount store/ superstore
2124
2250
 
X
X
X
X
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
X
X
X
X
C
X
 
Gasoline station
 
2270
 
X
X
X
X
X
X
C
X
 
Automobile repair and service
 
2280
 
X
X
X
X
X
X
C
X
 
Car dealer
2111
 
 
X
X
X
X
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
X
X
C
X
Ch. 9
Boat or marine craft dealer
2114
 
 
X
X
X
X
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
X
X
C
X
 
Gasoline service
2116
 
 
X
X
X
X
X
X
C
X
 
Lumberyard and materials
2126
 
 
X
X
X
X
X
X
C
X
 
Outdoor resale business
2145
 
 
X
X
X
X
X
X
C
X
 
Pawnshops
NAICS 522298
X
X
X
X
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
X
X
X
C
X
 
Shopping center
2510-2580
X
X
X
X
X
X
C
X
 
Convenience stores or centers
 
2591
 
X
X
X
X
X
X
C
X
 
Car care center
 
2593
 
X
X
X
X
X
X
C
X
 
Carwashes
NAICS 811192
X
X
X
X
X
X
C
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
X
X
X
X
P
X
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
X
X
P
X
 
Office or store with residence on top
 
2300
 
X
X
X
X
X
X
P
X
 
Office - over storefront structure
 
2400
 
X
X
X
X
X
X
P
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
X
X
X
X
C
X
 
Car rental and leasing
2331
 
 
X
X
X
X
X
X
C
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
X
X
C
X
Ch. 9
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
X
X
X
P
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
X
X
C
X
 
Sexually oriented business
 
 
 
X
X
X
X
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
X
X
C
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
X
X
C
X
 
Loft
 
2611
 
X
X
X
X
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
X
X
C
X
 
Manufacturing plants
 
2613
 
X
X
X
X
X
X
C
X
 
Industrial parks
 
2614
 
X
X
X
X
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
X
X
C
X
 
Heavy construction
7400
 
 
X
X
X
X
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
X
X
X
C
X
 
Automotive paint and body
 
 
 
X
X
X
X
X
X
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
X
X
C
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
X
X
C
X
Ch. 9
High-rise mini-warehouse
 
2720
 
X
X
X
X
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
X
X
C
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
X
X
C
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
X
X
X
C
C
 
Movie theater
 
 
3120
X
X
X
X
X
X
C
X
 
Amphitheater
 
 
3130
X
X
X
X
X
X
X
X
 
Drive-in theaters
 
 
3140
X
X
X
X
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
X
X
C
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
X
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
X
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
X
X
C
X
 
Miniature golf establishment
5340
 
 
X
X
X
X
X
X
C
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
X
X
X
X
C
X
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
X
X
X
C
X
 
Skating rinks
5390
 
 
X
X
X
X
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
X
X
X
C
C
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
X
X
C
C
*
Active open space/athletic fields/golf courses
6340
 
 
C
C
C
C
C
C
C
C
 
Passive open space
6340
 
 
P
P
P
P
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
X
X
X
X
X
X
C
C
 
Movie ranch
 
 
 
X
X
X
X
X
X
X
X
 
Camps, camping, and related establishments
5400
 
 
X
X
X
X
X
X
X
X
 
Exhibitions and art galleries
 
4410
 
X
X
X
X
X
X
P
C
 
Performing arts or supporting establishment
5100
 
 
X
X
X
X
X
X
C
C
 
Theater, dance, or music establishment
5101
 
 
X
X
X
X
X
X
C
C
 
Institutional or community facilities
Community center
 
2200
 
X
X
X
X
X
X
C
P
 
Hospitals
 
4110
 
X
X
X
X
X
X
X
X
 
Medical clinics
 
4120
 
X
X
X
X
X
X
C
C
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
X
X
X
X
X
P
C
 
Child and youth services
6561
 
 
X
X
X
X
X
X
P
C
 
Child care institution
6562
 
 
P
P
P
P
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
P
P
P
P
 
Community food services
6563
 
 
X
X
X
X
X
X
C
C
 
Emergency and relief services
6564
 
 
X
X
X
X
X
X
P
C
 
Other family services
6565
 
 
X
X
X
X
X
X
C
C
 
Services for elderly and disabled
6566
 
 
X
X
X
X
X
X
P
C
 
Animal hospitals
6730
 
 
X
X
X
X
X
X
C
C
 
School or university (privately owned)
 
4200
 
P
P
P
P
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
P
P
P
P
P
P
P
P
 
Technical, trade, and other specialty schools
6140
4230
 
P
P
P
P
P
P
P
P
 
Library
 
4300
 
X
X
X
X
X
X
C
C
 
Museum, exhibition, or similar facility
5200
4400
 
X
C
X
X
X
X
C
C
 
Planetarium
 
4420
 
X
X
X
X
X
X
C
C
 
Aquarium
 
4430
 
X
X
X
X
X
X
C
C
 
Zoological parks
 
4450
 
X
X
X
X
X
X
X
C
 
Public safety related facility
 
 
4500
C
C
C
C
C
C
C
C
 
Fire and rescue station
 
 
4510
C
C
C
C
C
C
C
C
 
Police station
 
 
4520
C
C
C
C
C
C
C
C
 
Emergency operation center
 
 
4530
X
X
X
X
X
X
C
C
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
C
C
C
C
X
X
 
Funeral homes
 
 
4800
X
X
X
X
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
X
X
X
X
 
Public administration
 
6200
 
C
C
C
C
X
C
C
C
 
Post offices
 
6310
 
C
C
C
C
C
C
C
C
 
Space research and technology
 
6330
 
X
X
X
X
X
X
C
C
*
Clubs or lodges
 
 
 
X
X
X
X
X
X
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
X
X
C
C
 
Commercial automobile parking garages
 
 
 
X
X
X
X
X
X
X
X
 
Surface parking, open
 
5210
 
X
X
X
X
X
X
C
C
 
Surface parking, covered
 
5220
 
X
X
X
X
X
X
C
C
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
X
X
X
C
 
Rooftop parking facility
 
5250
 
X
X
X
X
X
X
X
C
 
Bus terminal
 
3830
 
X
X
X
X
X
X
X
C
 
Bus stop shelter
 
5300
 
P
P
P
P
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
X
X
X
X
X
C
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
X
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
X
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
X
X
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
X
X
C
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
X
X
X
C
X
 
Commercial airports
 
5600
 
X
X
X
X
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
X
X
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
X
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
C
C
C
C
C
C
C
C
 
Telecommunications lines
 
 
 
C
C
C
C
C
C
C
C
 
Electric power substations
 
 
 
C
C
C
C
C
C
C
C
 
High-voltage electric power transmission lines
 
 
 
C
C
C
C
C
C
C
C
 
Dam
 
6220
 
C
C
C
C
C
C
X
C
 
Livestock watering tank or impoundment
 
 
 
P
P
P
P
P
P
A
P
 
Levee
 
6230
 
C
C
C
C
C
C
A
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
C
C
C
C
C
P
C
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
C
C
C
C
C
C
A
C
 
Water treatment and purification facility
 
6270
 
P
P
P
P
P
P
P
P
 
Water reservoir
 
6280
 
C
C
C
C
C
C
C
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
P
P
P
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
C
C
C
C
C
C
C
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
X
X
X
X
 
Composting facility
 
6330
 
X
X
X
X
X
X
X
C
 
Recycling transfer center
 
6331
 
X
X
X
X
X
X
X
C
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
X
X
X
C
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
X
X
C
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
X
X
X
C
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
C
C
C
X
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
P
P
P
C
C
P
P
 
Amateur radio antenna
 
6510
 
P
P
P
P
P
P
P
P
 
Weather stations
 
6520
 
P
P
P
C
X
X
A
P
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
P
P
P
A
P
 
Commercial solar energy production facility
 
 
 
X
X
X
X
X
X
C
X
 
Geothermal production facility
 
6450
 
X
X
X
X
X
X
X
C
 
Large-scale wind facility
 
 
 
X
X
X
X
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
X
X
X
X
X
X
C
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
X
X
X
C
C
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
P
P
P
A
A
A
X
C
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
P
P
C
C
C
C
C
X
 
Commercial greenhouses
 
8500
 
P
C
C
C
C
C
P
C
 
Nurseries and other growing of ornamental plants
 
 
 
C
C
C
C
C
C
P
C
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
C
C
C
C
C
X
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
C
C
X
X
X
X
X
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
X
X
X
X
C
C
 
Apiary and other related structures
 
8700
 
P
P
P
P
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
P
A
A
A
P
P
 
Forestry and logging operations
9300
 
 
X
X
X
X
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
X
X
X
X
X
X
C
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
P
P
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
A
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
C
C
C
C
C
C
C
C
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.11.1 
Purpose and Intent.
The provisions of the Tres Arroyos del Poniente Community District (TAPCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Tres Arroyos del Poniente (TAP) Community Plan and the Sustainable Growth Management Plan (SGMP). The TAPCD is designed to implement the TAP Community Plan to ensure compatibility among various land uses, of the TAP community.
9.11.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.11.2.1 
Setback from NM 599.
There shall be a 250-foot setback from the NM 599 Highway right-of-way. If an existing legal parcel is unable to meet the setback requirements, the third of the parcel furthest away from NM 599 can be built upon.
9.11.2.2 
Open Space Standards.
Open Space standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Any proposed subdivision or land division shall preserve no less than thirty percent (30%) of the entire tract as permanent open space.
2. 
The following property types along with those listed in Chapter 7 of the of this Code may be considered open space for the purpose of meeting the thirty percent (30%) open space requirement:
a. 
Major arroyos or other open space mapped on the TAP Plan map;
b. 
Common or Public Parks and Plazas;
c. 
Trails allowing public access and connecting to the TAP Trail system;
d. 
Public trailheads;
e. 
Archeological easements;
f. 
Setbacks required for NM 599; and
g. 
Private open space may be counted if it is physically contiguous or separated only by road or trail features from adjacent open space and meets the open space standards.
3. 
Perimeter setbacks on properties may not be used as open space unless the area meets a standard above, or a buffer is needed for adjacent properties.
4. 
The permanent open space may be dedicated to the public or to an open space land trust or other nonprofit management entity or for common use to a homeowners’ association as an open space easement.
5. 
The permanent open space shall restricted from further development, except where due to terrain or soil constraints, easements to accommodate liquid waste disposal or drainage may be created in the open space.
6. 
Open space shall be designed in a manner that creates contiguous or continuous natural areas rather than scattered small locations within a development.
7. 
Where applicable, open space must be integrated into the trail system within the TAP and shall be identified on the Official Map.
8. 
Open spaces set aside as a result of density clustering or easements for protection of arroyos or trail corridors shall interconnect to open space sites or potential sites on adjacent properties, as practicable.
9. 
Open space dedications shall be used to preserve distinctive natural features such as vistas, arroyos, significant rock outcroppings, large trees, and identified wildlife corridors wherever possible.
10. 
Native vegetation shall be preserved within open space areas unless the County approves a developed park or playfield. Invasive species and noxious weeds may be removed to preserve native species.
11. 
To minimize motorized access public and private dedicated open space lands shall not be enclosed by fences, walls or other structures except for wire or other open fencing to contain livestock and delineate trail easements.
12. 
Trails.
Trails shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
a. 
New developments must provide trails and trail connections as shown on the Roads and Trails Map and shall be included on the Official Map Series - Map 5. A major objective of trail placement shall be to foster interconnections and a network that allows both east-west and north-south passage through and within the TAP.
b. 
Applicants are encouraged, which shall be considered a best practice, to contact the County Open Space staff early in the project planning stage to discuss trail location, system connectivity and other requirements.
c. 
The non-motorized trail system will provide pedestrians, bicyclists and equestrians alternative transportation choices and expanded recreation opportunities to connect the dispersed neighborhoods within the TAP. The trail system will be on the SLDC Official Map Series - Map 5.
d. 
Trail access for pedestrians, bicyclists and equestrians may be separated or provided by parallel trails as long as there is equivalent connectivity in the network for all users. Trails should generally be spaced one-half mile apart or less.
e. 
County policies support the implementation of a Countywide trails program. In certain instances segments of these trails are located in or along roadway corridors and fulfill the multi-modal needs along the roadway network. Most trails will be off-road facilities for user safety and aesthetics.
f. 
New developments must provide trails and trail connections as shown on the Roads and Trails Map and shall be included on the Official Map Series - Map 5. A major objective of trail placement shall be to foster interconnections and a network that allows both east-west and north-south passage through and within the TAP.
g. 
Trails or sidewalks shall accompany all arterial, minor arterial, collector, and subcollector roads. Where road design speeds exceed 25 mph, trails shall be off-road. An internal trail system within subdivisions for pedestrians, bicyclists and equestrians that provides equivalent connectivity and user safety may be used to meet this requirement.
h. 
Off-road trails and paths within the road right-of-way or a trail easement that parallels the road right-of-way shall be separated a minimum of four feet from the edge of the roadway. This separation shall be created with natural material and shall not be a solid barrier.
i. 
New development shall not block access to the trail system shown on the Official Map Series - Map 5. Wherever possible, access to the trail system shall be accomplished by providing off-road facilities.
j. 
Equestrian trails are an integral part of the trail system. They shall be identified on the Site Development Plan submittal or plat and added to the Official Map Series - Map 5. Equestrian trails should be separate from bicycle trails. Pedestrian and equestrian trails may be combined within a single easement if sufficient tread width and user separation is provided.
k. 
Trail Location Standards.
Trail location standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
Arroyos, Floodplains and Natural Areas.
(a) 
Special conditions may be placed on trails within floodplains to ensure the public safety, including, but not necessarily limited to, conditions on location, design, construction, use, and signage.
(b) 
Trails may be located in preserved natural areas based on a case-by-case review with appropriate trail guidelines.
(c) 
Trail corridors are encouraged to be located on, or along, existing traditionally used trails within the TAPCD and have been identified on the Official Map Series - Map 5.
ii. 
Easements and Rights-of-Way.
(a) 
Trails shall be located on public lands, in public rights-of-way, or within dedicated easements.
(b) 
Trails located on private land shall be built by the developer. Routine cleaning and maintenance of private trails is the responsibility of the developer, land owner or homeowners’ association.
(c) 
If possible, off-road trails and paths shall be located in utility corridors or other existing, publicly dedicated routes.
(d) 
Equestrian trails may be built within public rights-of-way on local roads currently developed to rural standards. These trails shall be realigned if urban street improvements are required by future development.
9.11.2.3 
Roads Design Standards.
Shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Roads in new developments shall be designed to minimize runoff.
2. 
Roads shall be two lanes for access and internal circulation except where additional lanes, turning lanes, acceleration and deceleration lanes are required by a traffic impact analysis.
3. 
Trails or sidewalks shall accompany all arterial, minor arterial, collector, and subcollector roads as set forth in, the Trails Section above.
4. 
Safe road crossings for new roads shall be spaced approximately every 1/2 mile for pedestrians and every mile for equestrians, consistent with the trails identified in Official Map Series - Map 5.
9.11.2.4 
Water and Wastewater.
Water and wastewater shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Applicants shall design, engineer and construct any water system within subdivisions so that it may interconnect to a county water system, even if one is not available, and the development shall connect to county water as soon as it is available.
2. 
Applicants shall design, engineer and construct any sewer systems within subdivisions to allow common collection of wastewater for a county sewer system, even if not currently available, and the development shall connect to county sewer as soon as it is available.
3. 
New buildings are encouraged to be plumbed to enable grey water reuse unless the project is served by a sewer system where the County and State have approved centralized effluent reuse or preservation of return flow credits. All appropriate permits are required when a grey water system is installed.
9.11.2.5 
Landscaping.
Landscaping shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Preserve native species and topography in setback areas and other undeveloped areas on lots.
2. 
Refer to the TAP Plan Appendix C Native flora and fauna for plant list.
9.11.2.6 
Outdoor Lighting.
Outdoor lighting shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Light design and installation shall emphasize low-level uniform lighting to avoid the nuisance and hazardous conditions caused by abrupt changes from bright lights to darkness.
2. 
Lighting is allowed for illuminating outdoor landscaping or art shall be ground-mounted illumination and shall not exceed residential standards.
3. 
Prohibited Lighting.
Neon, flashing, moving, intermittent, spot, and architectural lights are prohibited.
9.11.2.7 
Signs.
Signs shall comply with the requirements in Chapter 7 of this Code, except as otherwise provided in this Section.
1. 
Residential Uses.
Residential uses shall be allowed one identification sign of a maximum size of two (2) square foot. This shall include any identification of a home occupation.
2. 
Prohibited Signs.
The following signs are prohibited:
a. 
Off-site advertising signs.
b. 
Pole-mounted signs.
c. 
Internally lit signs.
d. 
Neon signs.
e. 
Signs higher than 80% of the height of the highest building on the lot or project.
9.11.2.8 
Off-street Parking and Loading. Nonresidential and multifamily residential uses shall comply with the requirements of Chapter 7 of this Code except as otherwise provided in this Section.
1. 
Parking.
Parking shall comply with the requirements in Chapter 7 of this Code, except as otherwise provided in this Section.
a. 
Parking shall be located to the sides and rear of buildings to minimize the visual impact from public roadways.
b. 
Parking shall be screened from the public right-of-way by a landscape berm or wall with landscaping. Walls shall be a minimum 3 feet and a maximum of 4 feet in height. Buildings, existing terrain and trees can be used to provide screening. Berms may be combined with walls to provide screening.
c. 
Parking lots shall be screened from residential properties through a landscape berm or stucco wall so that views of commercial lots are effectively shielded from residential neighboring lands. Berms shall be a minimum 3 feet tall with a maximum 3:1 side slope. Stucco walls shall be a minimum of 4 feet and a maximum of 6 feet in height.
d. 
Parking lot surfaces may be gravel or other approved permeable surfacing, as long as accessibility standards can be met.
9.11.3 
Establishment of Base Zoning Districts. The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.11.3.1 
Generally.
The TAPCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.11.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the Community District are listed in Table 9-11-1 Tres Arroyos del Poniente Community Base Zoning Districts.
Table 9-11-1: Tres Arroyos del Poniente Community Base Zoning Districts
RES-E
Residential Estate
PDD
Planned Development District
1. 
TAP Residential Estate (TAP RES-E); Purpose.
The purpose of this district is to preserve the rural character of the community and is appropriate for single-family development with options for clustering, agricultural related uses and low to medium impact home occupations and businesses. Dark night skies, quiet open space and trails for walking biking and horseback riding are important in this area. Clustering shall be encouraged to limit long-term maintenance costs of water and sewer systems.
a. 
Residential Uses.
i. 
Dimensional Standards.
As regulated in Chapter 8 of this Code except as prescribed below:
(a) 
Accessory Structures.
Shall be regulated by chapter 10 in this Code, except any accessory structure over 2000 square feet needs a Conditional Use Permit. Accessory structures shall have an 18-foot maximum.
ii. 
Architectural Design Standards.
As regulated in Chapter 8 of this Code except as prescribed below:
(a) 
Peaked or angled roofs shall have a maximum Light Reflective Value of thirty percent (30%).
(b) 
Building exteriors shall have a maximum Light Reflective Value of 40%.
b. 
Commercial Uses.
Commercial uses are regulated in Chapter 8 of this Code except as prescribed in Table 9-11-2.
i. 
Dimensional Standards.
As regulated in Chapter 8 of this Code except as prescribed below:
Table 9-11-2: Dimensional Standards TAP RES-E (Residential Estate)
Zoning District
TAP RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
18
ii. 
Architectural Design Standards.
As regulated in Chapters 7 and 8 of this Code except as prescribed below:
(a) 
Building exteriors shall be finished with neutral brown or beige earth tones with stucco or adobe as the predominant material.
(b) 
Brighter highlight and trim colors are permitted on 5% of a building exterior surface.
(c) 
Building exteriors shall have a maximum Light Reflective Value of 40%.
(d) 
Peaked or angled roofs shall be constructed with non-reflective surfaces with a maximum Light Reflective Value of 30%.
(e) 
Buildings with flat roofs must include parapets to screen rooftop structures. Skylights and other rooftop structures and mechanical equipment shall be set back a minimum of 2 feet from the edge of the building face and screened as part of the building design.
iii. 
Agricultural Uses.
(a) 
The special needs of some agricultural businesses, such as greenhouses, may not be compatible with the architectural standards for offices and commercial buildings. Agricultural business uses shall use wall and roof materials that are compatible with other nonresidential uses in the TAP and do not create glare or other nuisance or unsightly conditions.
(b) 
The specific building treatments shall be reviewed as part of the site development plan approval.
c. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions on the TAPCD Use Table [Table 9-11-5].
i. 
Active Leisure sports and related activities:
(a) 
Motorized vehicles or activities are prohibited with these uses.
2. 
Planned Development District (PDD). Generally.
PDDs identified on the initial zoning map may be built out in accordance with their approved master plans including density and uses. In the TAP area this applies to the Aldea and Tessera Master Plans.
a. 
In the Aldea PD the master plan allowed retirement homes which were permitted up to 10 dwelling units per acre provided that the development is served by a community water system and community sewer system.
9.11.4 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.11.4.1 
Home Occupations.
The purpose of the Home Occupations in the TAPCD is to support economic development opportunities that are not disruptive to the residential character of the area or significantly interfere with the use of adjacent residential properties. Home Occupations shall be as regulated in Chapter 10 of this Code except as prescribed in Table 9-11-3.
1. 
There shall be no Medium Impact category of Home Occupations in the TAPCD District.
Table 9-11-3: TAPCD Home Occupations Requirements
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
n/a
Non-resident employees (max)
1
6
n/a
Area used for business (maximum)
25% of heated square footage
50% of heated square footage not to exceed 2,500 square feet
n/a
Accessory building storage
100 SF
600 SF
n/a
Appointments/patron visits (max/day)
0
4
n/a
Business traffic
none
see Section 10.6.5
n/a
Signage
not permitted
see Section 7.9.4.3 [sic]
n/a
Parking and access
Resident and employee only
see Section 10.6.5
n/a
Heavy Equipment
None
Up to 2
n/a
9.11.4.2 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the TAPCD Use Table 9-11-5. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-11-4. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 14. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-11-4: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-11-5: TAPCD Use Table
Use
Function
Structure
Activity
TAPCD RES-E
Special Conditions
Residential
Single-family
 
1110
 
P
 
Accessory dwelling units
 
1130
 
A
 
Townhouses
 
 
 
C
 
Multifamily dwellings
1202-99
X
 
Retirement housing
1210
 
 
X
 
Assisted living facility
1230
 
 
X
 
Life care or continuing care facilities
1240
 
 
X
 
Nursing facilities
1250
 
 
X
 
Community home, NAICS 623210
 
 
 
P
 
Barracks
 
1310
 
X
 
Dormitories
 
1320
 
X
 
Temporary structures, tents etc. for shelter
 
1350
 
C
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
 
Resorts
 
 
 
X
 
Retreats
 
 
 
C
 
Hotels, motels, and tourist courts
1330
 
 
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
 
Store or shop without drive through facility
 
2230
 
X
 
Department store
 
2240
 
X
 
Warehouse discount store/superstore
2124
2250
 
X
 
Market shops, including open markets
 
2260
 
X
 
Gasoline station
 
2270
 
X
 
Automobile repair and service
 
2280
 
X
 
Car dealer
2111
 
 
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
 
Boat or marine craft dealer
2114
 
 
X
 
Automotive parts, accessories, or tires
2115
 
 
X
 
Gasoline service
2116
 
 
X
 
Lumberyard and materials
2126
 
 
X
 
Outdoor resale business
2145
 
 
X
 
Pawnshops
NAICS 522298
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
 
Shopping center
 
2510-2580
 
X
 
Convenience stores or centers
 
2591
 
X
 
Car care center
 
2593
 
X
 
Carwashes
NAICS 811192
X
 
Office or bank (without drive-through facility)
 
2100
 
X
 
Office (with drive-through facility)
 
2110
 
X
 
Office or store with residence on top
 
2300
 
X
 
Office - over storefront structure
 
2400
 
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
 
Car rental and leasing
2331
 
 
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
 
Bars, taverns and nightclubs
 
 
 
X
 
Sexually oriented business
 
 
 
X
Sec. 10.20
Tattoo parlors
 
 
 
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
 
Loft
 
2611
 
X
 
Mill-type factory structures
 
2612
 
X
 
Manufacturing plants
 
2613
 
X
 
Industrial parks
 
2614
 
X
 
Laboratory or specialized industrial facility
 
2615
 
X
 
Assembly and construction-type plants
3000
2621
 
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
 
Construction-related businesses
7000
 
 
X
 
Heavy construction
7400
 
 
X
 
Machinery related
7200
 
 
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
 
Automotive paint and body
 
 
 
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
 
Vehicle storage for towing or related business
 
 
 
X
 
Demolition, building and structure business
 
 
 
X
 
Warehouse or storage facility structure
 
2700
 
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
 
High-rise mini-warehouse
 
2720
 
X
 
Warehouse structure
 
2730
 
X
 
Produce warehouse
 
2740
 
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
 
Large area distribution or transit warehouse
 
2760
 
X
 
Wholesale trade - durable goods
3510
 
 
X
 
Wholesale trade nondurable goods
3520
 
 
X
 
Food, textiles, and related products
 
 
 
X
 
Wood, paper, and printing products
 
 
 
X
 
Tank farms
 
2780
 
X
 
Public assembly structures
Performance theater
 
 
3110
X
 
Movie theater
 
 
3120
X
 
Amphitheater
 
 
3130
X
 
Drive-in theaters
 
 
3140
X
 
Indoor games facility
 
3200
 
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
 
Amusement or theme park
5310
 
 
X
 
Arcade
5320
 
 
X
 
Miniature golf establishment
5340
 
 
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
 
Bowling, billiards, pool, etc.
5380
 
 
X
 
Skating rinks
5390
 
 
X
 
Sports stadium or arena
 
3300
 
X
 
Racetrack or raceway
5130
 
 
X
 
Exhibition, convention or conference structure
 
3400
 
X
 
Religious facilities
 
3500
 
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
 
Passenger terminal, mixed mode
 
3810
 
X
*
Active open space/athletic fields/golf courses
6340
 
 
C
*
Passive open space
6340
 
 
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
P
 
Movie ranch
 
 
 
X
 
Camps, camping, and related establishments
5400
 
 
X
 
Exhibitions and art galleries
 
4410
 
X
 
Performing arts or supporting establishment
5100
 
 
X
 
Theater, dance, or music establishment
5101
 
 
X
 
Institutional or community facilities
Community center
 
2200
 
X
 
Hospitals
 
4110
 
X
 
Medical clinics
 
4120
 
X
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
 
Child and youth services
6561
 
 
X
 
Child care institution
6562
 
 
P
 
Day care center
6562
 
 
P
 
Community food services
6563
 
 
X
 
Emergency and relief services
6564
 
 
X
 
Other family services
6565
 
 
X
 
Services for elderly and disabled
6566
 
 
X
 
Animal hospitals
6730
 
 
X
 
School or university (privately owned)
 
4200
 
P
 
Grade school (privately owned)
 
4210
 
P
 
College or university facility (privately owned)
 
4220
 
X
 
Technical, trade, and other specialty schools
6140
4230
 
X
 
Library
 
4300
 
X
 
Museum, exhibition, or similar facility
5200
4400
 
X
 
Planetarium
 
4420
 
X
 
Aquarium
 
4430
 
X
 
Zoological parks
 
4450
 
X
 
Public safety related facility
 
 
4500
X
 
Fire and rescue station
 
 
4510
C
 
Police station
 
 
4520
C
 
Emergency operation center
 
 
4530
X
*
Correctional or rehabilitation facility
 
 
4600
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
X
 
Funeral homes
 
 
4800
X
 
Cremation facilities
 
 
4800
X
 
Public administration
 
6200
 
X
 
Post offices
 
6310
 
X
 
Space research and technology
 
6330
 
X
*
Clubs or lodges
 
 
 
X
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
 
Commercial automobile parking garages
 
 
 
X
 
Surface parking, open
 
5210
 
X
 
Surface parking, covered
 
5220
 
X
 
Underground parking structure with ramps
 
5240
 
X
 
Rooftop parking facility
 
5250
 
X
 
Bus terminal
 
3830
 
X
 
Bus stop shelter
 
5300
 
P
 
Truck storage and maintenance facilities
 
5400
 
X
 
Truck freight transportation facilities
4140
 
 
X
 
Light rail transit lines and stops
4151
 
 
X
 
Local rail transit storage and maintenance facilities
4153
 
 
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
 
Courier and messenger service facilities
4190
 
 
X
 
Commercial airports
 
5600
 
X
 
Private airplane runways and landing strips
 
5610
 
X
 
Airport maintenance and hangar facilities
 
5620
 
X
 
Heliport facility
 
5640
 
X
 
Helistops
 
 
 
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
 
Railroad passenger station
 
5701
 
X
 
Railroad freight facility
 
5702
 
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
C
 
Telecommunications lines
 
 
 
C
 
Electric power substations
 
 
 
C
 
High-voltage electric power transmission lines
 
 
 
C
 
Dam
 
6220
 
C
 
Livestock watering tank or impoundment
 
 
 
P
 
Levee
 
6230
 
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
C
 
Water treatment and purification facility
 
6270
 
C
 
Water reservoir
 
6280
 
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
C
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
 
Solid waste landfill facility
4345
6320
 
X
 
Composting facility
 
6330
 
X
 
Recycling transfer center
 
6331
 
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
 
Solid waste combustor or incinerator
4344
 
 
X
 
Septic tank service, repair, and installation business
4346
 
 
X
 
Household hazardous waste collection facility
 
 
 
X
 
Hazardous waste storage facility
 
6340
 
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
 
Gas or electric power generation facility
 
6400
 
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
X
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
C
 
Amateur radio antenna
 
6510
 
X
 
Weather stations
 
6520
 
X
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
C
 
Commercial solar energy production facility
 
 
 
X
 
Geothermal production facility
 
6450
 
X
 
Large-scale wind facility
 
 
 
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
C
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
X
 
Animal production that includes slaughter
9300
 
 
X
 
Livestock pens or hog houses
 
8200
 
X
 
Commercial greenhouses
 
8500
 
X
 
Nurseries and other growing of ornamental plants
 
 
 
X
 
Stables and other equine-related facilities - Personal use
 
 
 
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
 
Apiary and other related structures
 
8700
 
P
 
Crop production outdoor
9100
 
 
C
 
Crop production greenhouse
 
8500
 
C
 
Display or sale of agricultural products raised on the same premises
 
 
 
A
 
Forestry and logging operations
9300
 
 
X
 
Game preserves and retreats
9400
 
 
X
 
Support business and operations for agriculture and forestry
 
 
 
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
 
Public or community outdoor recreation facilities
 
 
 
C
 
Concentrated animal feeding operation
 
8310
 
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
Sec. 10.3
Dairy farms
 
8210
 
X
 
Other farm and farming-related structures
 
8900
 
C
 
Poultry farms and poultry production facilities
 
8220
 
X
 
Sheds, or other agricultural facilities
 
8000
 
C
 
Animal waste lagoons
 
8420
 
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use District and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.12.1 
Purpose and Intent.
The provisions of the Village of Agua Fria Community District (VAFCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Village of Agua Fria Community Plan and the Sustainable Growth Management Plan (SGMP). The VAFCD is designed to implement the Village of Agua Fria’s Community Plan to ensure compatibility among various land uses of the Agua Fria community. Clustering of structures is encouraged to preserve natural open areas.
9.12.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.12.2.1 
Dimensional Requirements.
Dimensional requirements including standards for setbacks are provided in Dimensional Standards Table under each Zoning District in this chapter.
9.12.2.2 
Development.
Developments must preserve distinctive natural features such as the Santa Fe River, and primary open space corridors.
9.12.2.3 
Nonresidential Development.
Nonresidential development shall be a maximum of 5,000 square feet, with the exception of small grocery stores, which may request up to 10,000 square feet.
9.12.2.4 
Parking.
No parking may be provided within 10 feet of property lines.
9.12.2.5 
Home Restaurants.
The standards for restaurants shall be as identified in Chapter 7 of this Code with the following exceptions:
1. 
Drive-up or drive-through is prohibited.
2. 
Liquor sales are prohibited.
3. 
Beer and wine are allowed provided that all applicable State requirements are met.
9.12.2.6 
Water.
All new residential land divisions and subdivisions using groundwater from a domestic well shall limit water consumption to .25 acre-feet of water per year per dwelling unit and appropriate restrictions to this effect shall be imposed during the approval process.
9.12.2.7 
Wastewater.
The standards for wastewater shall be as identified in Chapter 7 of this Code with the following exceptions:
1. 
Any new development whose parcel boundary is within 200 feet of a public sanitary sewer line that can be accessed by gravity flow shall connect to that line.
2. 
When a new development application is turned in, the applicant shall furnish complete and accurate documentation to the County that demonstrates that existing wastewater facilities are in compliance with all New Mexico Environment Department regulations and that all necessary permits have been obtained.
9.12.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.12.3.1 
Generally.
The VAFCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.12.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the Community District are listed in Table 9-12-1.
Table 9-12-1: Village of Agua Fria Base Zoning Districts
RES-E
Residential Estate
TC
Traditional Community
CN
Commercial Neighborhood
PI
Public/Institutional
PDD
Planned Development District
1. 
VAFCD Residential Estate (VAFCD RES-E); Purpose.
The purpose of this district is to designate areas suitable for a combination of large-lot and suburban-type residential development, ranchettes and other compatible uses. The VAFCD RES-E district supports single-family homes on medium sized lots consistent with the Village of Agua Fria’s development north of the river. This category may include limited agricultural use accessory to residential uses. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the VAFCD Use Table [Table 9-12-8].
b. 
Dimensional Standards.
As regulated in Chapter 8 of this Code except as prescribed below in Table 9-12-2.
Table 9-12-2: Dimensional Standards VAFCD RES-E (Residential Estate)
Zoning District
RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
i. 
Nonresidential uses.
As regulated in Chapter 8 of this Code and Appendix B of this Code with the following exceptions:
(a) 
Setbacks.
New development shall be set back no less than 25 feet from the front property line.
(b) 
If a parcel does not have 100 feet on one or more sides the setback may be 5 feet from that property line.
ii. 
Residential uses.
As regulated in Chapter 8 of this Code and Appendix B of this Code with the following exceptions:
(a) 
Setbacks.
New development shall be set back no less than 5 feet from the front, rear and side property lines.
(b) 
If a property does not have 100 feet on one or more sides the setback may be 5 feet from that property line.
iii. 
Density bonus.
Density may be increased to one dwelling unit per acre with a shared well.
2. 
VAFCD Traditional Community (VAFCD TC); Purpose.
The purpose of this district is to designate areas suitable for residential, small-scale commercial and traditional agricultural uses consistent with the existing development patterns of traditional communities. The VAFCD-TC accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses, including agriculture with acequia systems, from encroachment by development. Potential for increased density within the district is available with community water and sewer connections. Clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the VAFCD Use Table [Table 9-12-8].
b. 
Dimensional Standards.
As regulated in Chapter 7 and 8 of this Code except as prescribed in Table 9-12-3.
Table 9-12-3: Dimensional Standards VAFCD TC (Traditional Community)
Zoning District
TC
Density (# of acres per dwelling unit)
0.75/0.33*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (commercial)
2,500 sq. ft.
*The standard density of one dwelling unit/0.75 acres may be increased to one dwelling unit/0.33 acres if the lot is served by public water and sewer.
i. 
Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
(a) 
New residential development shall be set back no less than 5 feet from the front, rear and side of property lines.
(b) 
New commercial development shall be set back no less than 10 feet from the front property line, 5 feet from rear and side property lines.
(c) 
If a property does not have 100 feet on one or more sides the setback may be 5 feet from that property line.
3. 
VAFCD Commercial Neighborhood (VAFCD CN); Purpose.
The purpose of this district is to allow for low-rise low-intensity convenience retail and personal services, as well as office uses, which are intended to serve and are in close proximity to individual residential neighborhoods. In the Village of Agua Fria parcels designated Commercial Neighborhood have previously received master plan approval for a commercial use on the property. The size of neighborhood commercial districts will typically be between one and twenty contiguous acres.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the VAFCD Use Table [Table 9-12-8].
i. 
Bicycle, motorcycle, all-terrain vehicle dealers:
(a) 
This use shall be permitted for bicycle dealers only.
b. 
Dimensional Standards.
As regulated in Chapter 7 and 8 of this Code except as prescribed in Table 9-12-4.
Table 9-12-4: Dimensional Standards VAFCD CN (Commercial Neighborhood)
CN Zoning District
CN
Density
2.5*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot coverage (maximum, percent)
80
Maximum size of individual establishments (sq. ft.)
5,000
*Density shall be reduced to 0.75 acres if the surrounding zoning district is TC.
c. 
Setbacks.
Nonresidential developments shall be set back no less than 25 feet from the property line of existing residential properties.
4. 
VAFCD Public/Institutional (VAFCD PI); Purpose.
The purpose of this district is to allow governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the VAFCD Use Table [Table 9-12-8].
b. 
Dimensional Standards.
As regulated in Chapter 7 and 8 of this Code except as prescribed in Table 9-12-5.
Table 9-12-5: Dimensional Standards VAFCD PI (Public/Institutional)
PI Zoning District
PI
Density
2.5*
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
48
Lot coverage (maximum, percent)
80
*Density shall be 1 acre if the surrounding zoning district is RC, reduced to 0.75 acres if the surrounding zoning district is TC.
5. 
VAFCD Planned Development District (VAFCD PDD); Generally.
In order to recognize existing approvals, PDDs identified on the initial zoning map may be built out in accordance with their approved master plans.
a. 
Expansion of existing PDDs.
Nonresidential structures within an existing PDD may expand up to twenty-five [percent] (25%) under a conditional use permit.
9.12.4 
Supplemental Zoning Standards.
The standards of Chapter 10 of this Code shall be applicable to all development, except as otherwise specified herein.
9.12.4.1 
Home Occupations.
The standards for Home Occupations shall be as identified in Chapter 10 of this Code with the following exceptions:
1. 
There shall be no Medium Impact Home Occupations in the VAFCD.
Table 9-12-6: Village of Agua Fria Home Occupations
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
n/a
Non-resident employees (max)
1
6
n/a
Area used for business (maximum)
25% of heated square footage
A Maximum of 2,500 square [feet] shall be dedicated to home business use
n/a
Accessory building storage
100 SF
1,000 SF
n/a
Appointments/patron visits (max/day)
0
10
n/a
Business traffic
none
see Section 10.6.5
n/a
Signage
not permitted
see Section 7.9.4.3 [sic]
n/a
Parking and access
Resident and employee only
see Section 10.6.5
n/a
Heavy Equipment
None
Up to 2
n/a
9.12.5 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the VAFCD Use Table 9-12-8. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-12-7. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-12-7: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to an allowed use if:
The use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the
Land Based Classification System.
Table 9-12-8: VAFCD Use Table
Use
Function
Structure
Activity
VAFCD RES-E
VAFCD TC
VAFCD CN
VAFCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
C
 
Accessory dwelling units
 
1130
 
A
A
A
A
Ch. 10
Townhouses
 
 
 
C
P
P
C
 
Multifamily dwellings
1202-99
C
C
C
C
 
Retirement housing
1210
 
 
C
C
C
C
 
Assisted living facility
1230
 
 
C
C
C
C
 
Life care or continuing care facilities
1240
 
 
C
C
C
C
 
Nursing facilities
1250
 
 
C
C
C
C
 
Community home, NAICS 623210
 
 
 
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
A
A
C
P
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
C
C
C
X
Ch. 10
Rooming and boarding housing
1320
 
 
C
C
C
C
 
Resorts
 
 
 
X
X
X
X
 
Retreats
 
 
 
C
C
P
P
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
C
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
C
P
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
C
P
C
 
Store or shop no drive through facility
 
2230
 
X
C
P
C
 
Department store
 
2240
 
X
X
X
X
 
Warehouse discount store/ superstore
2124
2250
 
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
C
P
X
 
Gasoline station
 
2270
 
X
X
C
X
 
Automobile repair and service
 
2280
 
X
C
C
X
 
Car dealer
2111
 
 
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
P
X
Ch. 9
Boat or marine craft dealer
2114
 
 
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
C
C
X
 
Gasoline service
2116
 
 
X
X
C
X
 
Lumberyard and materials
2126
 
 
X
X
C
X
 
Outdoor resale business
2145
 
 
X
X
C
X
 
Pawnshops
NAICS 522298
X
X
C
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
C
X
 
Shopping center
2510-2580
X
X
C
X
 
Convenience stores or centers
 
2591
 
X
X
C
X
 
Car care center
 
2593
 
X
X
C
X
 
Carwashes
NAICS 811192
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
C
X
 
Office (with drive-through facility)
 
2110
 
X
X
C
X
 
Office or store with residence on top
 
2300
 
X
C
P
X
 
Office - over storefront structure
 
2400
 
X
C
P
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
C
X
 
Car rental and leasing
2331
 
 
X
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
C
C
X
 
Bars, taverns and nightclubs
 
 
 
X
X
C
X
 
Sexually oriented business
 
 
 
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
C
P
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
C
X
 
Loft
 
2611
 
X
C
C
X
 
Mill-type factory structures
 
2612
 
X
X
C
X
 
Manufacturing plants
 
2613
 
X
C
C
X
 
Industrial parks
 
2614
 
X
X
C
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
C
X
 
Assembly and construction-type plants
3000
2621
 
X
X
C
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
 
Construction-related businesses
7000
 
 
C
C
C
X
 
Heavy construction
7400
 
 
X
X
C
X
 
Machinery related
7200
 
 
X
X
C
X
 
Trade contractor, electrical, roofing, painting, landscaping
7300
 
 
X
X
C
X
 
Automotive paint and body
 
 
 
X
X
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
C
C
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
C
X
 
Produce warehouse
 
2740
 
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
C
X
 
Wood, paper, and printing products
 
 
 
X
X
C
X
 
Tank farms
 
2780
 
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
C
C
 
Movie theater
 
 
3120
X
X
C
C
 
Amphitheater
 
 
3130
X
X
X
C
 
Drive-in theaters
 
 
3140
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
C
C
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
C
C
 
Amusement or theme park
5310
 
 
X
X
C
X
 
Arcade
5320
 
 
X
X
C
X
 
Miniature golf establishment
5340
 
 
X
X
C
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
P
P
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
C
C
 
Skating rinks
5390
 
 
X
X
C
C
 
Sports stadium or arena
 
3300
 
X
X
X
C
 
Racetrack or raceway
5130
 
 
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
C
C
 
Religious facilities
 
3500
 
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
C
C
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
X
X
C
P
*
Passive open space
6340
 
 
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
X
X
C
P
 
Movie ranch
 
 
 
X
X
C
C
 
Camps, camping, and related establishments
5400
 
 
X
X
C
C
 
Exhibitions and art galleries
 
4410
 
X
X
C
C
 
Performing arts or supporting establishment
5100
 
 
X
X
C
C
 
Theater, dance, or music establishment
5101
 
 
X
X
C
C
 
Institutional or community facilities
Community center
 
2200
 
C
C
P
P
 
Hospitals
 
4110
 
X
X
C
P
 
Medical clinics
 
4120
 
C
C
C
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
C
C
C
C
 
Child and youth services
6561
 
 
X
X
C
C
 
Child care institution
6562
 
 
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
 
Community food services
6563
 
 
X
X
C
C
 
Emergency and relief services
6564
 
 
X
X
C
P
 
Other family services
6565
 
 
X
X
C
C
 
Services for elderly and disabled
6566
 
 
X
X
C
C
 
Animal hospitals
6730
 
 
X
X
C
P
 
School or university (privately owned)
 
4200
 
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
P
P
P
P
 
Technical, trade, and other specialty schools
6140
4230
 
C
C
C
C
 
Library
 
4300
 
C
C
P
P
 
Museum, exhibition, or similar facility
5200
4400
 
C
C
P
P
 
Planetarium
 
4420
 
X
X
C
C
 
Aquarium
 
4430
 
X
X
C
C
 
Zoological parks
 
4450
 
X
X
C
C
 
Public safety related facility
 
 
4500
X
X
C
C
 
Fire and rescue station
 
 
4510
X
X
C
C
 
Police station
 
 
4520
X
X
C
C
 
Emergency operation center
 
 
4530
X
X
C
C
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
C
C
 
Funeral homes
 
 
4800
X
X
C
X
 
Cremation facilities
 
 
4800
X
X
X
X
 
Public administration
 
6200
 
X
X
C
C
 
Post offices
 
6310
 
C
C
C
C
 
Space research and technology
 
6330
 
X
X
C
C
*
Clubs or lodges
 
 
 
X
X
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
C
X
 
Commercial automobile parking garages
 
 
 
X
X
C
X
 
Surface parking, open
 
5210
 
X
X
C
C
 
Surface parking, covered
 
5220
 
X
X
C
C
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
 
Bus stop shelter
 
5300
 
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
C
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
C
C
C
C
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
X
C
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
C
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
C
X
 
Commercial airports
 
5600
 
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
C
C
C
C
 
Telecommunications lines
 
 
 
C
C
C
C
 
Electric power substations
 
 
 
C
C
C
C
 
High-voltage electric power transmission lines
 
 
 
C
C
C
C
 
Dam
 
6220
 
C
C
C
C
 
Livestock watering tank or impoundment
 
 
 
P
P
P
P
 
Levee
 
6230
 
C
C
C
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
C
C
C
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
C
C
C
C
 
Water treatment and purification facility
 
6270
 
C
C
C
C
 
Water reservoir
 
6280
 
C
C
C
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
C
C
C
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
 
Composting facility
 
6330
 
C
C
C
C
 
Recycling transfer center
 
6331
 
X
X
P
P
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
C
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
X
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
C
C
P
P
 
Amateur radio antenna
 
6500
 
P
P
P
P
 
Weather stations
 
6520
 
X
X
C
C
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
C
C
C
C
 
Commercial solar energy production facility
 
 
 
X
X
C
C
 
Geothermal production facility
 
6450
 
X
X
C
C
 
Large-scale wind facility
 
 
 
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
X
X
C
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
C
C
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
C
C
 
Agriculture, forestry, and conservation/open space
 
 
 
 
 
 
 
 
Grain silos and other storage structure for grains and agricultural products
 
8100
 
A
A
A
A
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
A
A
A
A
 
Commercial greenhouses
 
8500
 
C
C
P
C
 
Nurseries and other growing of ornamental plants
 
 
 
C
C
P
C
 
Stables and other equine-related facilities - All personal use and commercial up to 12 horses
 
8240
 
C
C
C
C
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
C
C
C
C
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
C
C
 
Apiary and other related structures
 
8700
 
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
 
Crop production greenhouse
 
8500
 
C
C
P
C
 
Display or sale of agricultural products raised on the same premises
 
 
 
A
A
P
P
 
Forestry and logging operations
9300
 
 
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
A
A
P
A
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
C
C
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
X
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
 
Sand and gravel extraction with blasting (as specified in Section 11.10
 
 
 
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.13.1 
Purpose and Intent.
The provisions of the Pojoaque Valley Community District Overlay (PVCD) are intended to implement and be consistent with the land use goals, objectives and policies of the Pojoaque Valley Community Strategic Plan and the Sustainable Growth Management Plan (SGMP). The PVCD is designed to preserve the rural character, history and culture of the Pojoaque Valley, to help manage growth, maintain sustainable water and wastewater, preserve a high quality of life, protect and strengthen relationships between neighbors, and accommodate a variety of lifestyles and meet future needs. The rural character of the valley includes a mixture of uses including agricultural, residential and nonresidential uses.
9.13.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.13.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.13.3.1 
Generally.
The PVCD Overlay modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of this Code, the standard of this overlay zone shall govern.
9.13.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the PVCD are listed in Table 9-13-1:
Table 9-13-1: Pojoaque Valley Base Zoning Districts
TC
Traditional Community
PI
Public/Institutional
1. 
PVCD Traditional Community (PVCD TC); Purpose.
This district designates areas suitable for residential, small-scale commercial and traditional agricultural uses consistent with the existing development patterns of the Pojoaque Valley traditional communities. The TC district accommodates traditional community patterns, preserves historic and cultural landscapes, and protects agricultural uses, including agriculture served by acequia systems, from encroachment by development. Density bonuses and transfers of development rights may be utilized to achieve the purposes of the district. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on PVCD Use Table [Table 9.13.6].
b. 
Dimensional Standards.
As identified in Chapter 8 of this Code, Traditional Community, except as prescribed in PVCD Table 9-13-2:
i. 
Minimum Density.
The minimum lot size for PVCD TC is one dwelling unit per .75 acre.
c. 
Density Bonus.
Density may only be increased to one dwelling unit per .33 acre with community or public water and public, not private, wastewater and if the development is clustered in accordance with the standards of this Code.
d. 
Setbacks.
A minimum of 10 feet is required between neighboring dwelling units. Where zero lot lines exist, new development on neighboring lots requires a 10-foot minimum setback between property line and structure.
Table 9-13-2: Dimensional Standards: PVCD TC (Traditional Community)
Zoning District
PVCD TC
Density (# of acres per dwelling unit)
.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Height (maximum, feet), hay or animal barn, silo
36
Maximum building size (commercial)
2,500 sq. ft.
Lot coverage residential and nonresidential (maximum, percent)
40
2. 
PVCD Public/Institutional (PVCD PI); Purpose.
This district accommodates governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on PVCD Use Table [Table 9.13.6].
b. 
Dimensional standards.
As identified in Chapter 8 of this Code, Traditional Community, except as prescribed in PVCD Table 9-13-3.
Table 9-13-3: Dimensional Standards PVCD PI (Public/Institutional)
Zoning District
PVCD PI
Density (# of acres per dwelling unit)
.75
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
48
Lot coverage residential and nonresidential (maximum, percent)
40
9.13.4 
PVCD Overlay Zones.
9.13.4.1 
PVCD Rural Commercial Overlay (PVCD O-RC); Purpose.
The Rural Commercial Overlay allows for nonresidential development in the O-RC which shall be compatible with existing land use patterns, existing residential areas, land ownership characteristics, and geographic features near the property. The Rural Commercial Overlay is intended to support the needs of the community and to retain the predominantly residential character of the Village. Commercial uses that are small in scale are appropriate within this overlay zone in order to support the development of the village as a mix of residential and commercial. Commercial development should support local employment and provide local services which do not disrupt the quiet of the Village and promote self-sufficiency for the community.
1. 
Location.
Boundaries of the O-RC are shown on the Official Zoning Map. There are three subdistricts within the PVTCD [PVCD] O-RC: Area A Jacona, Area B Pojoaque and Area C Cuyamungue. The three areas are described as follows:
a. 
Area A Jacona O-RC.
This area is located on NM 502 and consists of areas that lie 500 feet from the right-of-way, into the properties adjacent to NM 502. Two parcels south of NM 502 and north of the Pojoaque Valley School District at the Jacona Campus, and one parcel north of NM 502.
b. 
Area B Pojoaque O-RC.
This area follows property lines of specific parcels east and west of U.S. 84/285 between NM 503 intersection and CR 109 (North Shining Sun Road). Properties included in this area are those parcels with direct access to U.S. 84/285 from Old Pueblito Road, and the parcels located off the frontage road with access on Grazing Elk Drive. Also included are those parcels located east of the U.S. 84/285 frontage road adjacent to Camino Trujillo.
c. 
Area C Cuyamungue O-RC.
This area is located off the frontage road on the west side of U.S. 84/285 in the northern area of Cuyamungue.
2. 
Permitted Uses.
In addition to those uses allowed by the underlying zoning, the following uses are allowed in the PVCD O-RC upon the issuance of a development permit and shall not exceed five thousand (5,000) square feet:
a. 
Retail services including market shops and open markets, convenience stores, offices, medical clinics, retail shops and stores, exhibition spaces and art galleries, theater, dance, restaurants, and music establishment, bicycle sales and repair shops, automobile repair and service, open markets, offices and stores with residence included, retreats, and small-scale lodging, such as bed and breakfast inns (up to 7 units), with square footages of up to 5,000 square feet; and
b. 
Community and social services including library, museum, postal services, bus stop shelters, and community center, public recreation facilities, bus shelters, community food services, other services including janitorial, landscaping, cleaning, research and development, services for elderly and disabled, and animal hospitals; and
c. 
All agricultural uses including agricultural production and sales; and
d. 
Utilities such as local distribution facilities for water, natural gas and power, telecommunication lines, water tanks, water wells, well fields and water transmission pipelines.
3. 
Conditional Uses.
The following uses may be allowed in the PVCD O-RC upon the issuance of a conditional use permit, provided the maximum floor area for each establishment shall not exceed fifteen thousand (15,000) square feet:
a. 
Community Services such as retirement housing, assisted living facilities, life care or continuing care facilities, skilled nursing and facilities; and
b. 
Moderate scale lodging, such as bed and breakfast inns (between 7 and 12 units), rooming and boarding housing (under 12 units), resorts, with or without conference center, hotels motels and inns (under 12 units) and retreats (up to 6 events per year, no more than 3 days per week, and no more than 10 participants at a time); and
c. 
Entertainment facilities such as fitness, recreational sports, gyms, and athletic clubs, exhibitions and art galleries, performing arts and supporting establishments, bars taverns and nightclubs (to replace existing facilities only).
4. 
Architectural Design Standards.
In order to preserve the historical design character of Pojoaque, any new nonresidential development under the PVCD O-RC shall be designed to integrate with the general style of the Pojoaque Valley.
9.13.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.13.5.1 
Home Occupations.
Purpose: Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exceptions as identified in Table 9-13-4.
1. 
Home occupations are allowed throughout the PVCD in accordance with Chapter 10 of this Code except for, home businesses that include, but are not limited to retail shops, galleries, offices or restaurants.
2. 
No Impact and Low Impact Home Occupations shall be permitted throughout the PVCD.
3. 
Medium Impact Home Occupations.
Medium Impact Home Occupations shall be approved with a Conditional Use permit in accordance with this Code provided they comply with the following:
a. 
A Site Development Plan shall be submitted.
b. 
A maximum of six (6) non-resident employees may regularly work at the home occupation.
Table 9-13-4: PVCD Home Occupations Standards
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
3
6
Area used for business (maximum)
25% of heated square footage*
35% of heated square footage*
50% of heated square footage*
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
4
12
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
see Section 7.9.4.3 [sic]
see Section 7.9.4.3 [sic]
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None**
Up to 2**
3-6**
*A maximum of 2,500 square feet may be used for the home occupation.
**Heavy equipment necessary and used for land maintenance in a rural agricultural setting, such as tractors and farm related equipment not connected to the home occupation, is not subject to the home occupation requirements for Medium Impact heavy equipment.
9.13.6 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the PVCD Use Table 9-13-6. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-13-5. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-13-5: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9.13.6: PVCD Use Table
Use
Function
Structure
Activity
PVCD TC
PVCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
A
 
Accessory dwelling units
 
1130
 
A
A
Ch. 10
Townhouses
 
 
 
X
A
 
Multifamily dwellings
1202-99
X
A
 
Retirement housing
1210
 
 
X
P
 
Assisted living facility
1230
 
 
X
P
 
Life care or continuing care facilities
1240
 
 
X
P
 
Nursing facilities
1250
 
 
X
P
 
Community home, NAICS 623210
 
 
 
C
P
 
Barracks
 
1310
 
X
P
 
Dormitories
 
1320
 
X
P
 
Temporary structures, tents etc. for shelter
 
1350
 
X
P
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
C
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
C
 
Resorts
 
 
 
X
X
 
Retreats
 
 
 
C
P
 
Hotels, motels, and tourist courts
1330
 
 
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
C
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
C
X
 
Store or shop without drive through facility
 
2230
 
C
X
 
Department store
 
2240
 
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
 
Market shops, including open markets
 
2260
 
C
X
 
Gasoline station
 
2270
 
X
X
 
Automobile repair and service
 
2280
 
C
X
 
Car dealer
2111
 
 
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
 
Boat or marine craft dealer
2114
 
 
X
X
 
Automotive parts, accessories, or tires
2115
 
 
C
X
 
Gasoline service
2116
 
 
X
X
 
Lumberyard and materials
2126
 
 
X
X
 
Outdoor resale business
2145
 
 
X
X
 
Pawnshops
NAICS 522298
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
 
Shopping center
2510-2580
X
X
 
Convenience stores or centers
 
2591
 
C
X
 
Car care center
 
2593
 
C
X
 
Carwashes
NAICS 811192
X
X
 
Office or bank (without drive-through facility)
 
2100
 
C
X
 
Office (with drive-through facility)
 
2110
 
X
X
 
Office or store with residence on top
 
2300
 
C
X
 
Office - over storefront structure
 
2400
 
C
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
C
X
 
Car rental and leasing
2331
 
 
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
C
X
 
Bars, taverns and nightclubs
 
 
 
X
X
 
Sexually oriented business
 
 
 
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
 
Loft
 
2611
 
X
X
 
Mill-type factory structures
 
2612
 
X
X
 
Manufacturing plants
 
2613
 
X
X
 
Industrial parks
 
2614
 
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
 
Construction-related businesses
7000
 
 
X
X
 
Heavy construction
7400
 
 
X
X
 
Machinery related
7200
 
 
X
X
 
Special trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
 
Automotive paint and body
 
 
 
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
DCI
 
Vehicle storage for towing or related business
 
 
 
X
C
 
Demolition, building and structure business
 
 
 
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
 
Warehouse structure
 
2730
 
X
X
 
Produce warehouse
 
2740
 
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
 
Food, textiles, and related products
 
 
 
X
X
 
Wood, paper, and printing products
 
 
 
X
X
 
Tank farms
 
2780
 
X
X
 
Public assembly structures
Performance theater
 
 
3110
C
P
 
Movie theater
 
 
3120
X
P
 
Amphitheater
 
 
3130
X
P
 
Drive-in theaters
 
 
3140
X
X
 
Indoor games facility
 
3200
 
X
P
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
C
 
Amusement or theme park
5310
 
 
X
X
 
Arcade
5320
 
 
X
X
 
Miniature golf establishment
5340
 
 
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
C
P
 
Bowling, billiards, pool, etc.
5380
 
 
X
C
 
Skating rinks
5390
 
 
X
P
 
Sports stadium or arena
 
3300
 
X
C
 
Racetrack or raceway
5130
 
 
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
P
 
Religious facilities
 
3500
 
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
P
 
Passenger terminal, mixed mode
 
3810
 
C
P
*
Active open space/athletic fields/golf courses
6340
 
 
C
P
*
Passive open space
6340
 
 
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
X
P
 
Movie ranch
 
 
 
X
P
 
Camps, camping, and related establishments
5400
 
 
C
P
 
Exhibitions and art galleries
 
4410
 
C
P
 
Performing arts or supporting establishment
5100
 
 
C
P
 
Theater, dance, or music establishment
5101
 
 
C
P
 
Institutional or community facilities
Community center
 
2200
 
C
P
 
Hospitals
 
4110
 
X
P
 
Medical clinics
 
4120
 
C
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
C
P
 
Child and youth services
6561
 
 
C
P
 
Child care institution
6562
 
 
C
P
 
Day care center
6562
 
 
C
P
 
Community food services
6563
 
 
C
P
 
Emergency and relief services
6564
 
 
C
P
 
Other family services
6565
 
 
C
P
 
Services for elderly and disabled
6566
 
 
C
P
 
Animal hospitals
6730
 
 
C
P
 
School or university (privately owned)
 
4200
 
C
P
 
Grade school (privately owned)
 
4210
 
X
P
 
College or university facility (privately owned)
 
4220
 
X
P
 
Technical, trade, and other specialty schools
6140
4230
 
X
P
 
Library
 
4300
 
X
P
 
Museum, exhibition, or similar facility
5200
4400
 
C
P
 
Planetarium
 
4420
 
C
P
 
Aquarium
 
4430
 
X
P
 
Zoological parks
 
4450
 
X
P
 
Public safety related facility
 
 
4500
C
P
 
Fire and rescue station
 
 
4510
C
P
 
Police station
 
 
4520
C
P
 
Emergency operation center
 
 
4530
C
P
*
Correctional or rehabilitation facility
 
 
4600
X
P
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
P
 
Funeral homes
 
 
4800
X
P
 
Cremation facilities
 
 
4800
X
P
 
Public administration
 
6200
 
X
P
 
Post offices
 
6310
 
X
P
 
Space research and technology
 
6330
 
X
P
*
Clubs or lodges
 
 
 
X
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
 
Commercial automobile parking garages
 
 
 
X
X
 
Surface parking, open
 
5210
 
X
A
 
Surface parking, covered
 
5220
 
X
A
 
Underground parking structure with ramps
 
5240
 
X
A
 
Rooftop parking facility
 
5250
 
X
A
 
Bus terminal
 
3830
 
X
P
 
Bus stop shelter
 
5300
 
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
 
Light rail transit lines and stops
4151
 
 
P
P
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
C
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
C
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
 
Courier and messenger service facilities
4190
 
 
C
X
 
Commercial airports
 
5600
 
X
C
 
Private airplane runways and landing strips
 
5610
 
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
C
 
Heliport facility
 
5640
 
X
C
 
Helistops
 
 
 
X
C
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
C
 
Railroad tracks, spurs, and sidings
 
 
 
C
P
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
C
 
Railroad passenger station
 
5701
 
C
P
 
Railroad freight facility
 
5702
 
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
P
P
 
Telecommunications lines
 
 
 
P
P
 
Electric power substations
 
 
 
C
C
 
High-voltage electric power transmission lines
 
 
 
C
C
 
Dam
 
6220
 
C
C
 
Livestock watering tank or impoundment
 
 
 
P
P
 
Levee
 
6230
 
C
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
P
 
Water treatment and purification facility
 
6270
 
C
P
 
Water reservoir
 
6280
 
C
P
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
P
 
Solid waste landfill facility
4345
6320
 
X
C
 
Composting facility
 
6330
 
X
X
 
Recycling transfer center
 
6331
 
X
P
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
P
 
Solid waste collection transfer station (private)
4343
 
3210
X
C
 
Solid waste combustor or incinerator
4344
 
 
X
X
 
Septic tank service, repair, and installation business
4346
 
 
C
X
 
Household hazardous waste collection facility
 
 
 
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
C
 
Gas or electric power generation facility
 
6400
 
X
DCI
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
C
P
 
Amateur radio antenna
 
6510
 
X
P
 
Weather stations
 
6520
 
C
P
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
C
P
 
Commercial solar energy production facility
 
 
 
X
X
 
Geothermal production facility
 
6450
 
X
C
 
Large-scale wind facility
 
 
 
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
P
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
C
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
C
C
 
Animal production that includes slaughter
9300
 
 
C
X
 
Livestock pens or hog houses
 
8200
 
C
X
 
Commercial greenhouses
 
8500
 
P
C
 
Nurseries and other growing of ornamental plants
 
 
 
P
P
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
C
P
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
C
C
 
Kennels and commercial dog breeding facilities
 
8700
 
C
P
 
Apiary and other related structures
 
8700
 
P
P
 
Crop production outdoor
9100
 
 
P
P
 
Crop production greenhouse
 
8500
 
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
A
P
 
Forestry and logging operations
9300
 
 
X
P
 
Game preserves and retreats
9400
 
 
X
P
 
Support business and operations for agriculture and forestry
 
 
 
C
P
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
 
Public or community outdoor recreation facilities
 
 
 
C
P
 
Concentrated animal feeding operation
 
8310
 
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
Sec. 10.3
Dairy farms
 
8210
 
C
X
 
Other farm and farming-related structures
 
8900
 
P
A
 
Poultry farms and poultry production facilities
 
8220
 
C
X
 
Sheds, or other agricultural facilities
 
8000
 
P
A
 
Animal waste lagoons
 
8420
 
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
 
Sand and gravel extraction (as specified in Section 11.10
 
 
 
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.14.1 
Purpose and Intent.
The provisions of the San Marcos Community District (SMCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the San Marcos Community Plan and the Sustainable Growth Management Plan (SGMP). The SMCD is designed to implement the San Marcos Community Plan to ensure compatibility among various land uses, in the San Marcos community.
9.14.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this ordinance shall be applicable to all development, except as otherwise specified herein.
9.14.2.1 
NM 14 Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parcels bordering NM 14 shall be set back a minimum of 100 feet in Commercial Neighborhood. If an existing legal parcel is unable to meet the setback requirements, the third of the parcel furthest away from NM 14 can be built upon.
2. 
Parcels bordering NM 14 shall be set back a minimum of 200 feet in Rural Residential. If an existing legal parcel is unable to meet the setback requirements, the third of the parcel furthest away from NM 14 can be built upon.
9.14.2.2 
Cerrillos Reservoir Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parcels bordering the Cerrillos Reservoir shall set back a minimum of 200 feet.
9.14.2.3 
Cerrillos State Park Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parcels bordering the Cerrillos State park shall set back a minimum of 200 feet.
9.14.2.4 
County Trails Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parcels bordering County trails identified on Map 5 of the Official Map Series of this Code shall be set back a minimum of 50 feet.
9.14.2.5 
Archeological Site Setbacks.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Parcels bordering identified archeological site shall be set back a minimum of 100 feet.
9.14.2.6 
Water Harvesting.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
1. 
Rainwater catchment systems are required for all new construction whose roof area is 1,500 square feet or greater and for new additions that expand the roof area of the structure to 1,500 square feet or greater. Rainwater catchment systems are also required for any accessory structure whose roof surface is 500 square feet or greater.
9.14.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.14.3.1 
Generally.
The SMCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.14.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the SMCD are listed in Table 9-14-1.
Table 9-14-1: San Marcos Base Zoning Districts
RUR
Rural
RUR-F
Rural Fringe
RUR-R
Rural Residential
CN
Commercial Neighborhood
1. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the SMCD Use Table [Table 9.14.8].
a. 
Retirement housing, assisted living facility, life care or continuing care facilities, skilled nursing facilities:
i. 
This type of permitted use shall be limited to 4 units at 5,000 square feet or 50% of lot square footage whichever is smaller.
b. 
Temporary structures, tents etc. for shelter:
i. 
These uses shall follow the construction code and have sewer and water hook-up for a residence.
c. 
Water treatment and purification facility:
i. 
This is a conditional use for potable drinking water uses only.
2. 
SMCD Rural (SMCD RUR); Purpose.
The purpose of this district is to designate areas suitable for a combination of agricultural, equestrian, residential and other compatible uses. The intent of the SMCD RUR district is to protect agricultural uses from encroachment by development and to support agricultural, ranch, very large lot residential, ecotourism and equestrian uses. Density transfers and clustered development shall be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the SMCD Use Table [Table 9.14.8].
i. 
Water wells, well fields, and bulk water transmission pipelines:
(a) 
This does not prohibit private wells.
b. 
Dimensional Standards.
As regulated in Chapter 8 of this Code except as prescribed in Dimensional Standards Table 9-14-2.
Table 9-14-2: Dimensional Standards SMCD RUR (Rural)
Zoning District
SMCD RUR
Density (# of acres per dwelling unit)
40
Lot width (minimum, feet)
150
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
24
Lot Coverage (maximum)
20%
Setbacks from front, rear and side property lines
100 feet
*In cases where setback requirements prohibit development of a parcel, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
3. 
SMCD Rural Fringe (SMCD RUR-F); Purpose.
The purpose of this district is to designate areas suitable for a combination of estate-type residential development, agricultural uses and other compatible uses. This zone also serves to protect agricultural and environmental areas that are inappropriate for more intense development due to their sensitivity. The SMCD RUR-F zone accommodates primarily large lot residential, retreats, ecotourism, equestrian uses and renewable resource-based activities, seeking a balance between conservation, environmental protection and reasonable opportunity for development.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the SMCD Use Table [Table 9.14.8].
i. 
Commercial greenhouses:
(a) 
There shall be a minimum 500-foot setback from property lines for commercial greenhouses.
b. 
Dimensional Standards.
As regulated in Chapter 8 of this Code, except as prescribed in Dimensional Standards Table 9-14-3.
Table 9-14-3: Dimensional Standards SMCD RUR-F (Rural Fringe)
Zoning District
SMCD RUR-F
Density (# of acres per dwelling unit)
20
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet) – hay or animal barn, silo
36
Height (maximum, feet) – all other structures
24
Lot Coverage (maximum)
20%
Setbacks from front, rear and side property lines
100 feet*
*In cases where setback requirements prohibit development of a parcel, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
4. 
SMCD Rural Residential (SMCD RUR-R); Purpose.
The purpose of this district is to provide for the development of single-family homes on large lots, either individually or as part of rural subdivisions; to preserve the scenic and rural character of the County; to provide consolidated open space and agricultural lands; and to recognize the desirability of carrying on compatible agricultural operations and home developments in areas near the fringes of urban development while avoiding unreasonable restrictions on farming or ranching operations. Uses that support rural character of the broader area shall be allowed including agricultural production, small-scale renewable energy production, home-based businesses, bed and breakfasts, agro-tourism, equestrian and boarding facilities, and farmers’ markets.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the SMCD Use Table [Table 9.14.8].
i. 
Water wells, well fields, and bulk water transmission pipelines:
(a) 
This does not prohibit private wells.
ii. 
Movie Ranch
(a) 
This use must be on a parcel over 65 acres in size.
(b) 
Property must be directly accessed from a County or State Road.
(c) 
Maximum individual building size of new permanent structures is 5,000 square feet.
(d) 
Maximum aggregate building size for new permanent structures is 15,000 square feet.
b. 
Dimensional Standards.
As regulated in Chapter 8 of this Code, except as prescribed in Dimensional Standards Table 9-14-4.
Table 9-14-4: Dimensional Standards SMCD RUR-R (Rural Residential)
Zoning District
SMCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot Coverage (maximum)
20%
Setbacks from front, rear and side property lines
100 feet
*In cases where setback requirements prohibit development of a parcel, the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
5. 
SMCD Commercial Neighborhood (CN); Purpose.
The purpose this district is to allow for low-intensity convenience retail and personal services, as well as office uses, that are intended to serve and are in close proximity to individual residential neighborhoods. Generally, the desired location of these commercial areas is at the periphery, focal point, or a major entrance to one or more neighborhoods, along a minor or subdivision collector or higher roadway classification, or along a major access road at the entrance to or in a focal point of a neighborhood. In San Marcos these properties are in close proximity to NM 14.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the SMCD Use Table [Table 9.14.8].
b. 
Dimensional Standards.
As regulated in Chapter 8 of this Code, except as prescribed in Dimensional Standards Table 9-14-5.
Table 9-14-5: Dimensional Standards SMCD CN (Commercial Neighborhood)
Zoning District
SMCD CN
Density
n/a
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Lot coverage (maximum, percent)
50%
Maximum building size (aggregate)
15,000
Maximum size of individual establishments (sq. ft.)
5,000
c. 
Lighting.
Standards shall be regulated as identified in Chapter 7 of this Code with the following exceptions:
i. 
24-hour business lighting is prohibited.
d. 
Architectural Design Standards.
As regulated in Chapter 8 of this Code, except as prescribed below:
i. 
The architectural style of all structures shall be complementary to that of other structures in the area and to regional architectural styles.
ii. 
Incorporate, within all walls over 100 feet in length, at least 4 recesses, offsets, angular forms, and other features with 100 foot length to provide a visually interesting shape.
9.14.4 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.14.4.1 
Home Occupations; Purpose.
The purpose of the Home Occupations in the SMCD is to support economic development opportunities that are not disruptive to the residential character of the area or significantly interfere with the use of adjacent residential properties. Home Occupations shall be as regulated in Chapter 10 of this Code except as prescribed in Table 9-14-6.
Table 9-14-6: SMCD Home Occupations
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Only Permitted in Commercial Neighborhood zone
Non-resident employees (max)
1
4
5
Area used for business (maximum)
25% of heated square footage
50% of heated square footage
50% of heated square footage
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (average per day)
0
4
12
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
Not Permitted
see Section 7.9.4.3 [sic]
see Section 7.9.4.3 [sic]
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
0
3-6
9.14.5 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the SMCD Use Table 9-14-8. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-14-7. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-14-7: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SL DC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9.14.8: SMCD Use Table
Use
Function
Structure
Activity
SMD RUR
SMD RUR-F
SMD RUR-R
SMD CN
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
P
 
Accessory dwelling units
 
1130
 
A
A
A
A
Ch. 10
Townhouses
 
 
 
X
X
X
X
 
Multifamily dwellings
1202-99
X
X
X
X
 
Retirement housing
1210
 
 
P
P
P
P
Ch. 9
Assisted living facility
1230
 
 
P
P
P
P
Ch. 9
Life care or continuing care facilities
1240
 
 
P
P
P
P
Ch. 9
Nursing facilities
1250
 
 
P
P
P
P
Ch. 9
Community home, NAICS 623210
 
 
 
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
P
P
P
P
Ch. 9
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
P
P
C
P
 
Rooming and boarding housing
1320
 
 
C
C
X
C
 
Resorts
 
 
 
C
C
X
X
 
Retreats
 
 
 
P
P
C
X
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
P
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
P
 
Store or shop without drive through facility
 
2230
 
X
X
X
P
 
Department store
 
2240
 
X
X
X
X
 
Warehouse discount store/superstore
2124
2250
 
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
X
P
 
Gasoline station
 
2270
 
X
X
X
C
 
Automobile repair and service
 
2280
 
X
X
X
P
 
Car dealer
2111
 
 
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
 
Boat or marine craft dealer
2114
 
 
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
 
Gasoline service
2116
 
 
X
X
X
C
 
Lumberyard and materials
2126
 
 
X
X
X
X
 
Outdoor resale business
2145
 
 
X
X
X
C
 
Pawnshops
NAICS 522298
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
C
 
Shopping center
2510-2580
X
X
X
X
 
Convenience stores or centers
 
2591
 
X
X
X
C
 
Car care center
 
2593
 
X
X
X
X
 
Carwashes
NAICS 811192
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
X
P
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
X
P
 
Office - over storefront structure
 
2400
 
X
X
X
P
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
X
P
 
Car rental and leasing
2331
 
 
X
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
P
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
 
Heavy construction
7400
 
 
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
C
 
Automotive paint and body
 
 
 
X
X
X
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
X
 
Movie theater
 
 
3120
X
X
X
X
 
Amphitheater
 
 
3130
X
X
X
X
 
Drive-in theaters
 
 
3140
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
C
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
X
X
X
C
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
C
 
Skating rinks
5390
 
 
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
X
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
X
X
X
X
*
Passive open space
6340
 
 
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
C
C
C
C
 
Movie ranch
 
 
 
X
X
P
C
 
Camps, camping, and related establishments
5400
 
 
X
X
X
X
 
Exhibitions and art galleries
 
4410
 
X
X
X
P
 
Performing arts or supporting establishment
5100
 
 
X
X
X
P
 
Theater, dance, or music establishment
5101
 
 
X
X
X
P
 
Institutional or community facilities
Community center
 
2200
 
X
X
X
P
 
Hospitals
 
4110
 
X
X
X
X
 
Medical clinics
 
4120
 
C
C
C
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
X
X
X
X
 
Child and youth services
6561
 
 
C
C
C
P
 
Child care institution
6562
 
 
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
 
Community food services
6563
 
 
X
X
X
P
 
Emergency and relief services
6564
 
 
X
X
X
P
 
Other family services
6565
 
 
X
X
X
C
 
Services for elderly and disabled
6566
 
 
X
X
X
P
 
Animal hospitals
6730
 
 
X
X
X
P
 
School or university (privately owned)
 
4200
 
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
X
X
X
C
 
Technical, trade, and other specialty schools
6140
4230
 
X
X
X
C
 
Library
 
4300
 
X
X
X
P
 
Museum, exhibition, or similar facility
5200
4400
 
X
X
X
P
 
Planetarium
 
4420
 
X
X
X
C
 
Aquarium
 
4430
 
X
X
X
X
 
Zoological parks
 
4450
 
C
C
X
C
 
Public safety related facility
 
 
4500
C
C
C
C
 
Fire and rescue station
 
 
4510
C
C
C
C
 
Police station
 
 
4520
C
C
C
C
 
Emergency operation center
 
 
4530
C
C
C
C
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
X
X
X
X
 
Funeral homes
 
 
4800
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
 
Public administration
 
6200
 
X
X
X
X
 
Post offices
 
6310
 
X
X
X
C
 
Space research and technology
 
6330
 
X
X
X
X
*
Clubs or lodges
 
 
 
X
X
X
X
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
X
 
Surface parking, open
 
5210
 
X
X
X
X
 
Surface parking, covered
 
5220
 
X
X
X
X
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
 
Bus stop shelter
 
5300
 
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
X
X
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
X
 
Commercial airports
 
5600
 
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
C
C
C
C
 
Telecommunications lines
 
 
 
C
C
C
C
 
Electric power substations
 
 
 
C
C
C
C
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
 
Dam
 
6220
 
X
X
X
X
 
Livestock watering tank or impoundment
 
 
 
P
P
P
X
 
Levee
 
6230
 
X
X
X
X
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
X
X
C
X
Ch. 9
Water treatment and purification facility
 
6270
 
C
C
C
C
Ch. 9
Water reservoir
 
6280
 
X
X
X
X
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
X
X
X
X
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
X
X
X
X
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
 
Composting facility
 
6330
 
X
X
X
X
 
Recycling transfer center
 
6331
 
X
X
X
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
C
C
X
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
P
P
P
 
Amateur radio antenna
 
6510
 
P
P
P
P
 
Weather stations
 
6520
 
X
X
X
X
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
X
X
X
X
 
Commercial solar energy production facility
 
 
 
X
X
X
X
 
Geothermal production facility
 
6450
 
X
X
X
X
 
Large-scale wind facility
 
 
 
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
X
X
X
X
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
X
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
X
X
X
X
 
Animal production that includes slaughter
9300
 
 
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
X
 
Commercial greenhouses
 
8500
 
X
P
X
C
 
Nurseries and other growing of ornamental plants
 
 
 
X
X
X
C
 
Stables and other equine-related facilities - All personal use
 
 
 
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
C
C
C
X
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
X
X
X
X
 
Kennels and commercial dog breeding facilities
 
8700
 
X
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
A
P
 
Forestry and logging operations
9300
 
 
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
X
X
X
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
C
C
C
C
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
X
X
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10)
 
 
 
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use District and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.15.1 
Purpose and Intent.
The provisions of the Galisteo Community District (GCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Galisteo Community Plan and the Sustainable Growth Management Plan (SGMP). The GCD is designed to ensure compatibility among various land uses, encourage compact development, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces and conserve water resources while accommodating the anticipated natural growth of the community. Provisions include standards and dimensions based on historic development patterns and incentives to encourage compact development in conjunction with conservation easements that preserve agricultural land and open space.
9.15.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this ordinance shall be applicable to all development, except as otherwise specified herein.
9.15.2.1 
Fences and Walls.
The standards for fences and walls shall be as identified in Chapter 7 of this Code with the following exceptions:
1. 
Location and height.
Maximum height of walls and fences abutting SR 41 shall not exceed eight feet in height. The maximum height of all other walls or fences in this district shall not exceed six feet; provided however, that the height of pedestrian door or gate portals built into wall of fence may be up to 11 feet. Maximum height of walls and fences abutting SR 41 shall not exceed eight feet in height.
2. 
Materials.
The standards for materials shall be as identified in Chapter 7 of this Code with the following exceptions:
a. 
Chain-link fencing is prohibited.
9.15.2.2 
Lighting.
The standards for lighting shall be as identified in Chapter 7 of this Code with the following exceptions:
1. 
Metal Halide lights are prohibited.
2. 
Street lights are prohibited unless required to protect the safety of motorists as regulated in Chapter 7 of this Code as determined by the Land Use Administrator.
9.15.2.3 
Signs.
The standards for signs shall be as identified in Chapter 7 of this Code with the following exception:
1. 
Illuminated signs are prohibited unless required for road safety.
9.15.2.4 
Road Design Standards.
The standards for road design shall be as identified in Chapter 7 of this Code with the following exceptions:
1. 
Residential Driveways.
Driveways may serve up to 4 lots in the RE, and TC Districts pursuant to Table 7-12: Urban Road Classification and Design Standards (SDA-1 and SDA-2).
2. 
Additional Standards for Nonresidential, Multifamily and Mixed Use Driveways.
a. 
Separation of driveways.
If driveways are located on local roads with speed limits of 25 mph or less, the minimum distance between driveways shall be 30 feet.
b. 
Apron.
A 20-foot-long asphalt or concrete apron shall be required on driveways accessing a paved road.
c. 
Design Standards for Local Roads.
The standards for local roads shall be as identified in Chapter 7 of this Code with the following exceptions:
i. 
A road shall contain two travel lanes each with a width of 9 feet.
ii. 
Existing Local Roads.
Where new development has frontage along an existing road the right-of-way to be dedicated shall be a minimum of 10 feet beyond the edge of the existing pavement (asphalt/dirt) into the development.
3. 
Setback from State Road 41.
As regulated in Chapter 7 of this Code, except as prescribed below:
a. 
Unless established through a right-of-way, all development fronting State Road 41 shall be set back at least 20 feet from the property boundaries in the RE, and TC and 35 feet from the property boundaries in all other zoning districts. Walls and fences may extend into the setback but shall remain at least 10 feet from the road pavement in the RE, and TC and 20 feet in all other zoning districts.
9.15.2.5 
Water Supply, Wastewater and Water Conservation.
As regulated in Chapter 7 of this Code, except as prescribed below:
1. 
Intent/Purpose.
The intent of the water supply, conservation and wastewater provisions is to ensure a sustainable water supply and to ensure new development will not impair senior water rights, existing domestic wells, stream and spring flows and water quality.
2. 
Required Connection to Public or Publicly-Regulated Private Water Utility.
Connection to Public or Publicly-Regulated Private Water Utility is required for all subdivisions, residential and nonresidential development applications permitted after the date of this ordinance as specified below:
a. 
All commercial/mixed-use or nonresidential subdivision and/or developments in the Galisteo Community District Overlay shall make connection to a public or publicly-regulated private water system when the utility becomes ready, willing and able to supply the development.
b. 
Development located in Traditional Community and Residential Estate, Residential Fringe, and Rural Zoning Districts shall make connection to a public or publicly-regulated private water system when the utility becomes ready, willing and able to supply the development.
c. 
The development order, plats, disclosure statement and private covenants, as applicable, shall clearly specify that the drilling or use of individual wells is strictly prohibited on property supplied by Public or Publicly-Regulated Private Water Utility or shared domestic wells.
9.15.2.6 
Open Space and Trails.
As regulated in Chapter 7 of this Code, except as prescribed below:
1. 
Official Map.
Open Space and Trails identified in the Galisteo Community Plan may be added to the Appendix C: Official Map Series Map 5: Open Space and Trails Map.
9.15.2.7 
Protection of Historic and Archaeological Resources; Purpose.
This Section is intended to preserve and enhance the historic, archeological and cultural heritage of the Galisteo Community District. The unique heritage of the area began thousands of years ago when people traveled through the area seeking resources, inspiration and eventually a place to call home. The numerous archeological sites, spectacular petroglyphs and traditional village pattern of small lots, clustered adobe homes, accessory structures, unpaved rural roads, adobe and rock walls, wood gates and coyote fencing provide important and even sacred connections to the past. Ensuring continued connection to the past is a high priority of the community.
1. 
Areas of High Potential for Discovery of Archeological Resources.
All properties in the Galisteo Community District are covered by the High Potential Archaeological District as depicted in Appendix D: Archeological Resources Protection Map.[1]
[1]
Editor’s note–Appendix D is included as an attachment to this exhibit.
2. 
NM State Designated Galisteo Historic District.
The Galisteo Community District contains the State designated Galisteo Historic District which is listed on the “New Mexico Register of Cultural Properties,” therefore, is regulated in Chapter 7 of this ordinance.
9.15.3 
Establishment of Zoning Districts.
The zoning standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.15.3.1 
Generally.
The Galisteo Community Overlay modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the underlying zoning districts. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.15.3.2 
Base Zoning Districts.
Base zoning districts approved for use in the Galisteo Community District are listed in Table 9-15-1.
Table 9-15-1: Galisteo Base Zoning Districts
A/R
Agriculture/Ranch
RUR
Rural
RES-F
Residential Fringe
RES-E
Residential Estate
TC
Traditional Community
PI
Public/Institutional
1. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on GCD Use Table [Table 9-15-10].
a. 
Temporary structures, tents etc. for shelter:
i. 
These uses shall be permitted with a septic system.
b. 
Duplex:
i. 
This use is permitted and limited to one duplex (2 units) per development.
c. 
Retirement Housing:
i. 
This use is limited to a maximum of 5,000 square feet.
d. 
Active leisure sports and related activities:
i. 
These uses are conditional and limited in scale to 5,000 square feet.
e. 
Exhibitions and art galleries:
i. 
These uses are permitted and limited in scale to 5,000 square feet.
f. 
Stables and other equine-related facilities - For commercial up to 12 horses:
i. 
These uses are conditional use in the Rural, Residential Fringe, Residential Estate and Traditional Community.
ii. 
These uses require a manure/waste removal and management plan.
g. 
Cattle ranching, and the grazing of cattle or other livestock:
i. 
[Reserved.]
ii. 
These uses require a manure/waste removal and management plan.
2. 
GCD Agriculture/Ranch (GCD A/R); Purpose.
The Agricultural and Ranch designation applies to properties in the far west and southern portions of the plan area that are associated with the historic acequia land grant property and the current La Jara and San Cristobol Ranch operations. Large lots will continue to support ranching and associated activities including the Rodeo grounds. Rural cluster development in conjunction with conservation easements that preserve agricultural land and open space shall be permitted.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on GCD Use Table [Table 9-15-10].
i. 
Research and development services (scientific, medical, and technology):
i. 
These uses are conditional limited to a maximum of 5,000 square feet.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-2.
Table 9-15-2: Dimensional Standards GCD A/R (Agriculture/Ranching)
Zoning District
GCD A/R
Density (# of acres per dwelling unit)
160
Lot width (minimum, feet)
400
Lot width (maximum, feet)
n/a
Height (maximum, feet) hay or animal barn, silo
50
Height (maximum, feet) all other structures
36
i. 
Setbacks.
Except as required for SR 41; Front, side and rear setbacks shall be 50 feet from the property line.
ii. 
In cases where setback requirements prohibit development of a parcel the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
3. 
GCD Rural (GCD RUR); Purpose.
This designation covers several large lot residential and agricultural properties in the northern and western portions of the plan area and several lots south of the village that front CR 42. This area is appropriate for single-family development with options for clustering, agricultural related uses and low to medium impact home occupations. Rural cluster development in conjunction with conservation easements that preserve agricultural land and open space shall be permitted.
a. 
Use Regulations.
Uses shall be permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on GCD Use Table [Table 9-15-10].
i. 
Research and development services (scientific, medical, and technology):
i. 
These uses are conditional and limited to a maximum of 5,000 square feet.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-3.
Table 9-15-3: Dimensional Standards GCD RUR (Rural)
Zoning District
GCD RUR
Density (# of acres per dwelling unit)
40
Lot width (minimum, feet)
150
Lot width (maximum, feet)
n/a
Height (maximum, feet) - hay or animal barn, silo
50
Height (maximum, feet) – all other structures
36
i. 
Setbacks.
Except as required for SR 41; Front, side and rear setbacks shall be 50 feet from the property line.
ii. 
In cases where setback requirements prohibit development of a parcel the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
4. 
GCD Residential Fringe (GCD RES-F); Purpose.
This designation covers areas associated with contemporary residential subdivisions. This includes the Ranchitos de Galisteo Subdivision. This area is appropriate for single-family development with options for clustering, agricultural related uses and no to low, but not medium impact home occupations and businesses.
a. 
Use Regulations.
Uses shall be permitted, conditional, accessory and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the GCD Use Table [Table 9-15-10].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-4.
Table 9-15-4: Dimensional Standards GCD RES-F (Residential Fringe)
Zoning District
GCD RES-F
Density (# of acres per dwelling unit)
5
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
i. 
Setbacks.
Except as required for SR 41, Front, side and rear setbacks shall be 50 feet from the property line.
ii. 
In cases where setback requirements prohibit development of a parcel the Administrator may approve setback requirements in accordance with Section 7.3 of this SLDC.
5. 
GCD Residential Estate (GCD RES-E); Purpose.
This designation covers areas adjacent to the GCD Traditional Community District which is historically associated with the historic village core due to proximity, use and subdivision patterns. To preserve the existing development pattern and recognize this area as contributing to the character of the historic village and as a transition zone from the denser village area to the larger agricultural and ranching lots; this area is appropriate for single-family development with options for clustering, agricultural related uses and no to medium impact home occupations and businesses.
a. 
Use Regulations.
Uses shall be permitted, conditional, accessory and prohibited as identified in Chapter 8 and Appendix B of this Code, with exceptions identified on the GCD Use Table [Table 9-15-10].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-5.
Table 9-15-5: Dimensional Standards GCD RES-E (Residential Estate)
Zoning District
GCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
100
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
6. 
GCD Traditional Community (GCD TC); Purpose.
This designation covers the historic village area associated with historic development patterns and uses. This area is appropriate for single-family development with options for clustering, agricultural related uses and no to medium impact home occupations and businesses. Minimum lot size of .75 acres is established to ensure that liquid waste disposal systems will not contaminate domestic wells, and that there will continue to be an adequate supply of groundwater in the future.
a. 
Use Regulations.
Uses shall be permitted, conditional, accessory and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the GCD Use Table [Table 9-15-10].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-6.
Table 9-15-6: Dimensional Standards GCD TC (Traditional Community)
Zoning District
GCD TC
Density (# of acres per dwelling unit)
0.75/0.33*
Frontage (minimum, feet)
50
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (commercial)
2,500 sq. ft.
*The standard density of one dwelling unit/0.75 acres may be increased to one dwelling unit/0.33 acres if the lot is served by public water and sewer.
7. 
GCD Public/Institutional (GCD PI); Purpose.
This designation covers areas including the fire station, community center and parks that accommodates governmental, educational, and nonprofit or institutional uses, but excludes any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses shall be permitted, conditional, accessory and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the GCD Use Table [Table 9-15-10].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-15-7.
Table 9-15-7: Dimensional Standards GCD PI (Public/Institutional)
PI Zoning District
[GCD] PI
Density
2.5*
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
48
Lot coverage (maximum, percent)
80
*density shall be 1 acre if the surrounding zoning district is RC, reduced to 0.75 acres if the surrounding zoning district is TC.
9.15.4 
GCD Overlay Zone.
9.15.4.1 
GCD Rural Commercial Overlay (GCD O-RC); Purpose.
GCD O-RC is intended to support the needs of the community and to retain the predominately rural character of the Village. Appropriate small scale commercial uses are allowed to support the community vision of future economic and ecological sustainability to promote self-sufficiency for the community.
1. 
Location.
The Rural Commercial Overlay is the area identified on the Rural Commercial Overlay Zone along NM 41 within the GCD-TC district. Commercial and non-residential development shall conform to all requirements of this Code with exceptions identified in this section.
2. 
Uses permitted, conditional, accessory and prohibited as regulated in the GCD TC base zoning district, with exceptions identified below:
a. 
Permitted Uses.
In addition to those uses by the GCD-TC, the following uses up to 2,500 square feet are allowed upon the issuance of a development permit in the GCD O-RC:
i. 
Offices, small scale shops, restaurants, tap and tasting rooms, exhibitions and art galleries, community centers, open permeable surface parking, and welcome centers.
b. 
Conditional Uses.
The following uses may be allowed upon the issuance of a conditional use permit in the Rural Commercial Overlay, and are limited to 5,000 square feet:
i. 
An office or store with residence, covered atriums and public enclosures, bed and breakfast inns, retreats, theater/dance/music establishments, exhibitions and art galleries, performing arts and supporting establishments, permanent outdoor stages, or similar structures.
9.15.5 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.15.5.1 
Home Occupations.
The standards for home occupations shall be as regulated in Chapter 10 of this Code except as prescribed in Table 9-15-8.
Table 9-15-8: Home Occupation Table
 
GCD Agriculture/Ranching
GCD Rural
GCD Residential Fringe
GCD Residential Estate
GCD Traditional Community
No Impact
P
P
P
P
P
Low Impact
P
P
P
C
C
Medium Impact
C
C
C
C
C
9.15.6 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the GCD Use Table 9-15-10. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-15-9. Accessory uses may be subject to specific regulations as provided in Chapter 9, 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-15-9: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA).; or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Table 9-15-10: GCD Use Table
Use
Function
Structure
Activity
GCD A/R
GCD RUR
GCD RES-F
GCD RES-E
GCD TC
GCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
P
P
A
 
Accessory dwelling units
 
1130
 
A
A
A
A
A
A
Ch. 10
Townhouses
 
 
 
X
X
X
X
X
A
 
Multifamily dwellings
1202-99
X
X
X
X
X
X
 
Retirement housing
1210
 
 
C
C
C
C
C
X
Ch. 9
Assisted living facility
1230
 
 
X
X
X
X
X
X
 
Life care or continuing care facilities
1240
 
 
X
X
X
X
X
X
 
Nursing facilities
1250
 
 
X
X
X
X
X
X
 
Community home, NAICS 623210
 
 
 
P
P
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
X
X
 
Dormitories
 
1320
 
X
X
X
X
X
X
 
Temporary structures, tents etc. for shelter
 
1350
 
P
P
P
P
P
P
Ch. 9
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
C
C
C
C
C
X
Ch. 10
Rooming and boarding housing
1320
 
 
X
X
X
X
X
X
 
Resorts
 
 
 
C
C
X
X
X
X
 
Retreats
 
 
 
C
C
X
X
X
X
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
X
C
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
X
C
X
 
Store or shop without drive through facility
 
2230
 
X
X
X
X
C
X
 
Department store
 
2240
 
X
X
X
X
X
X
 
Warehouse discount store/ superstore
2124
2250
 
X
X
X
X
X
X
 
Market shops, including open markets
 
2260
 
C
C
C
C
C
X
 
Gasoline station
 
2270
 
X
X
X
X
X
X
 
Automobile repair and service
 
2280
 
X
X
X
X
X
X
 
Car dealer
2111
 
 
X
X
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
X
X
 
Boat or marine craft dealer
2114
 
 
X
X
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
X
X
X
 
Gasoline service
2116
 
 
X
X
X
X
X
X
 
Lumberyard and materials
2126
 
 
C
C
C
C
C
X
 
Outdoor resale business
2145
 
 
X
X
X
X
X
X
 
Pawnshops
NAICS 522298
X
X
X
X
X
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
x
X
X
X
X
 
Shopping center
2510-2580
X
X
X
X
X
X
 
Convenience stores or centers
 
2591
 
C
C
C
C
C
X
 
Car care center
 
2593
 
X
X
X
X
X
X
 
Carwashes
NAICS 811192
X
X
X
X
X
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
X
X
X
X
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
X
X
X
X
 
Office - over storefront structure
 
2400
 
X
X
X
X
X
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
C
C
X
X
X
X
Ch. 9
Car rental and leasing
2331
 
 
X
X
X
X
X
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
X
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
X
X
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
X
X
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
C
C
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
X
X
X
 
Heavy construction
7400
 
 
X
X
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
C
C
C
X
X
X
 
Automotive paint and body
 
 
 
C
C
C
C
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
X
X
X
X
X
X
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
X
X
 
Demolition, building and structure business
 
 
 
X
X
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
X
X
 
Produce warehouse
 
2740
 
X
X
X
X
X
X
 
Refrigerated warehouse or cold storage
 
2750
 
X
X
X
X
X
X
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
X
X
X
X
X
X
 
Wholesale trade nondurable goods
3520
 
 
X
X
X
X
X
X
 
Food, textiles, and related products
 
 
 
X
X
X
X
X
X
 
Wood, paper, and printing products
 
 
 
X
X
X
X
X
X
 
Tank farms
 
2780
 
X
X
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
X
X
X
 
Movie theater
 
 
3120
X
X
X
X
X
X
 
Amphitheater
 
 
3130
X
X
X
X
X
X
 
Drive-in theaters
 
 
3140
X
X
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
X
X
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
X
X
 
Amusement or theme park
5310
 
 
X
X
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
X
X
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
C
C
X
C
C
X
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
X
X
X
 
Skating rinks
5390
 
 
X
X
X
X
X
X
 
Sports stadium or arena
 
3300
 
X
X
X
X
X
X
 
Racetrack or raceway
5130
 
 
X
X
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
X
X
 
Religious facilities
 
3500
 
P
P
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
X
X
X
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
X
X
X
*
Active open space/athletic fields/golf courses
6340
 
 
C
C
C
C
C
C
*
Passive open space
6340
 
 
C
C
C
C
C
C
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
C
C
C
C
C
C
 
Movie ranch
 
 
 
X
X
X
X
X
X
 
Camps, camping, and related establishments
5400
 
 
X
X
X
X
X
X
 
Exhibitions and art galleries
 
4410
 
P
P
P
P
P
P
 
Performing arts or supporting establishment
5100
 
 
C
C
C
C
C
C
 
Theater, dance, or music establishment
5101
 
 
C
C
C
X
C
X
 
Institutional or community facilities
Community center
 
2200
 
C
C
C
C
C
P
 
Hospitals
 
4110
 
X
X
X
X
X
X
 
Medical clinics
 
4120
 
C
C
C
C
C
C
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
C
C
C
C
C
C
 
Child and youth services
6561
 
 
C
C
C
C
C
C
 
Child care institution
6562
 
 
P
P
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
P
P
 
Community food services
6563
 
 
C
C
C
C
C
C
 
Emergency and relief services
6564
 
 
C
C
C
C
C
C
 
Other family services
6565
 
 
C
C
C
C
C
C
 
Services for elderly and disabled
6566
 
 
C
C
C
C
C
C
 
Animal hospitals
6730
 
 
X
X
X
X
X
X
 
School or university (privately owned)
 
4200
 
P
P
P
P
P
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
C
C
C
C
C
C
 
Technical, trade, and other specialty schools
6140
4230
 
C
C
C
C
C
C
 
Library
 
4300
 
P
P
C
C
C
C
 
Museum, exhibition, or similar facility
5200
4400
 
C
C
C
C
C
C
 
Planetarium
 
4420
 
X
X
X
X
X
X
 
Aquarium
 
4430
 
X
X
X
X
X
X
 
Zoological parks
 
4450
 
X
X
X
X
X
X
 
Public safety related facility
 
 
4500
C
C
C
C
C
C
 
Fire and rescue station
 
 
4510
P
P
P
P
P
P
 
Police station
 
 
4520
C
C
C
C
C
C
 
Emergency operation center
 
 
4530
P
P
P
P
P
P
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
X
X
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
C
C
C
C
 
Funeral homes
 
 
4800
X
X
X
X
X
X
 
Cremation facilities
 
 
4800
X
X
X
X
X
X
 
Public administration
 
6200
 
X
X
X
X
X
X
 
Post offices
 
6310
 
C
C
C
C
C
C
 
Space research and technology
 
6330
 
X
X
X
X
X
X
*
Clubs or lodges
 
 
 
C
C
C
C
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
X
X
X
 
Commercial automobile parking garages
 
 
 
X
X
X
X
X
X
 
Surface parking, open
 
5210
 
X
X
X
X
X
X
 
Surface parking, covered
 
5220
 
X
X
X
X
X
X
 
Underground parking structure with ramps
 
5240
 
X
X
X
X
X
X
 
Rooftop parking facility
 
5250
 
X
X
X
X
X
X
 
Bus terminal
 
3830
 
X
X
X
X
X
X
 
Bus stop shelter
 
5300
 
P
P
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
X
X
X
X
X
X
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
X
X
 
Taxi and limousine service maintained [maintenance] and storage facilities
4155
 
 
X
X
X
X
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
X
X
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
X
X
X
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
X
X
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
X
X
X
 
Commercial airports
 
5600
 
X
X
X
X
X
X
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
X
X
 
Heliport facility
 
5640
 
X
X
X
X
X
X
 
Helistops
 
 
 
X
X
X
X
X
X
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
X
X
 
Railroad tracks, spurs, and sidings
 
 
 
X
X
X
X
X
X
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
X
X
 
Railroad passenger station
 
5701
 
X
X
X
X
X
X
 
Railroad freight facility
 
5702
 
X
X
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
X
X
X
X
X
X
 
Telecommunications lines
 
 
 
C
C
C
C
C
C
 
Electric power substations
 
 
 
C
C
X
X
X
X
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
X
X
 
Dam
 
6220
 
X
X
X
X
X
X
 
Livestock watering tank or impoundment
 
 
 
P
P
C
C
C
C
 
Levee
 
6230
 
C
C
C
C
C
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
C
C
C
C
C
C
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
C
C
C
C
C
C
 
Water treatment and purification facility
 
6270
 
C
C
C
C
C
C
 
Water reservoir
 
6280
 
C
C
C
C
C
C
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
C
C
C
C
C
C
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
C
C
C
C
C
C
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
X
X
 
Composting facility
 
6330
 
C
C
C
C
C
C
 
Recycling transfer center
 
6331
 
X
X
X
X
X
X
 
Solid waste collection transfer station (governmental)
4343
 
3210
X
X
X
X
X
X
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
X
X
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
X
X
X
X
X
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
X
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
X
X
X
X
X
X
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
X
X
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
C
X
X
X
P
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
P
P
C
C
P
 
Amateur radio antenna
 
6510
 
P
P
P
P
P
P
 
Weather stations
 
6520
 
X
X
X
X
X
X
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
C
C
C
C
C
C
 
Commercial solar energy production facility
 
 
 
C
C
X
X
X
X
 
Geothermal production facility
 
6450
 
C
C
X
X
X
X
 
Large-scale wind facility
 
 
 
C
C
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
C
C
X
X
X
X
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
X
X
X
X
C
C
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
C
C
X
X
X
X
 
Animal production that includes slaughter
9300
 
 
C
C
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
X
X
X
X
X
X
 
Commercial greenhouses
 
8500
 
C
C
C
C
C
C
 
Nurseries and other growing of ornamental plants
 
 
 
C
C
C
C
C
C
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
C
C
C
C
C
Ch. 9
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
C
C
X
X
X
X
 
Kennels and commercial dog breeding facilities
 
8700
 
C
C
X
X
X
X
 
Apiary and other related structures
 
8700
 
P
P
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
C
C
C
C
 
Crop production greenhouse
 
8500
 
P
P
C
C
C
X
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
A
A
A
A
 
Forestry and logging operations
9300
 
 
X
X
X
X
X
X
 
Game preserves and retreats
9400
 
 
X
X
X
X
X
X
 
Support business and operations for agriculture and forestry
 
 
 
C
C
X
X
X
X
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
C
C
C
C
C
C
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
X
X
X
X
X
X
 
Other farm and farming-related structures
 
8900
 
A
A
A
A
A
A
 
Poultry farms and poultry production facilities
 
8220
 
C
C
C
C
C
C
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
X
X
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10)
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
9.16.1 
Purpose and Intent.
The provisions of the Chimayo Community District (ChCD) are intended to implement and be consistent with the land use goals, objectives, policies, and strategies of the Chimayo Community Plan and the Sustainable Growth Management Plan (SGMP). The ChCD is designed to ensure compatibility among various land uses, encourage compact development, support the agricultural nature of the community, protect scenic features and environmentally sensitive areas, enhance rural development patterns, accommodate a variety of lifestyles, delineate historic community spaces, conserve water resources and accommodate the natural growth of the community.
9.16.2 
Sustainable Design Standards.
The development standards of Chapter 7 of this Code shall be applicable to all development, except as otherwise specified herein.
9.16.2.1 
Second-story areas of flat roofed structures shall be a maximum of 65% of the ground floor footprint.
9.16.2.2 
Density Transfers; Purpose.
Density transfers shall be used to protect community assets including but not limited to wetlands, open spaces, springs, watercourses, riparian areas, agricultural land, acequias, traditional community centers, archaeological sites, historical and cultural sites, and multigenerational family compounds. When density transfers result in higher site densities, such development shall be clustered and sited in a manner to fit the topography and existing rural character of Chimayo, instead of in an urban grid pattern.
1. 
Residential Lot Coverage Calculations on Density Transfers or other types of Perpetual Easements.
Whenever density transfers are used to create open space in perpetuity by easement or other legal means, and new lots are created, maximum residential lot coverage shall increase up to 50% and shall be calculated based on each individual new development lot.
9.16.3 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.16.3.1 
Generally.
The ChCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.16.3.2 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on the ChCD Use Table [Table 9-16-9].
9.16.3.3 
Lot Coverage.
The standards shall be regulated as identified in Chapter 8 of this Code with the following exceptions:
1. 
Residential Uses.
The maximum lot coverage for residential uses is 25%.
2. 
Agricultural Uses.
Agricultural uses resulting in roofed areas and/or impermeable surfaces are subject to the ChCD lot coverage restrictions.
9.16.4 
Establishment of Zoning Districts.
The development standards of Chapter 8 of this Code shall be applicable to all development, except as otherwise specified herein.
9.16.4.1 
Generally.
The ChCD modifies the underlying base zoning districts in order to address special siting, use, and compatibility issues requiring regulations that supplement or supplant those found in the base zoning districts of this Code. If an overlay zone regulation conflicts with any standard of the underlying zone, the standard of the overlay zone shall govern.
9.16.4.2 
Base Zoning Districts.
Base zoning districts approved for use in the ChCD are listed in Table 9-16-1.
Table 9-16-1: Chimayo Base Zoning Districts
RUR-R
Rural Residential
RES-F
Residential Fringe
RES-E
Residential Estate
TC
Traditional Community
CN
Commercial Neighborhood
PI
Public/Institutional
1. 
ChCD Rural Residential (ChCD RUR-R); Purpose.
The purpose of this district is to preserve the scenic and environmental resources attributed to the hills, barrancas and “tierras secanas” that surround the acequia irrigated agricultural lands of the Chimayo Valley. The area is a highly valued scenic, historic and cultural resource for the community. The majority of the area should remain as natural open space with continued opportunities for grazing and hiking. Uses that support rural character of the broader area should be allowed and include educational and training activities, conferences, contemplative activities, caretaker quarters, overnight and short-term stays, eco-tourism, retreats, agricultural production, farmers’ markets and produce stands. Development in this district should reflect historic patterns and styles of Northern New Mexico Vernacular architecture and traditional materials and siting should be incorporated. Density bonuses, density transfers and clustered development should be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
b. 
Density Bonus.
Density for the ChCD RUR-R is one dwelling unit per 10 acres. Additional density shall be subject to the Open Space Design Standards identified below:
i. 
Open Space Design Standards.
Maximum density and building size (aggregate, nonresidential) may be increased in ChCD RUR-R by a factor of two provided that the following criteria are met:
(a) 
The buildable areas, including parking & roads, shall be limited to 15% lot coverage of the total acreage.
(b) 
The remaining 85% of land shall be designated as open space with agricultural or ranch uses and protected through a conservation easement or other legal means, in perpetuity.
c. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-16-2.
Table 9-16-2: Dimensional Standards ChCD RUR-R (Rural Residential)
Zoning District
ChCD RUR-R
Density (# of acres per dwelling unit)
10
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (aggregate, nonresidential)
12,000 sq. ft.
Maximum building size (nonresidential)
5,000 sq. ft.
Lot Coverage (maximum, all nonresidential uses)
25%
2. 
ChCD Residential Fringe (ChCD RES-F); Purpose.
The purpose of this district is to protect scenic and environmental resources attributed to the hills, barrancas and “tierras secanas” that surround the acequia irrigated agricultural lands of the Chimayo Valley. The area is a highly valued scenic, historic and cultural resource for the community. The majority of the area should remain as natural open space with continued opportunities for grazing and hiking. The RES-F District supports agricultural and single-family residential uses and limited community/institutional uses on property that meets adequate standards for water, sewer and roads. Development in this district should reflect historic patterns and styles of Northern New Mexico Vernacular architecture and traditional materials and siting should be incorporated. Density bonuses, density transfers and clustered development should be allowed in order to support continued farming and/or ranching activities, conserve open space or protect scenic features and environmentally sensitive areas.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
b. 
Density Bonus.
Density for the ChCD RES-F is one dwelling unit per 5 acres. Additional density shall be subject to the Open Space Design Standards identified below:
i. 
Open Space Design Standards.
Maximum density and building size (aggregate, nonresidential) may be increased in ChCD RES-F by a factor of two provided that the following criteria are met:
(a) 
The buildable areas, including parking & roads, shall be limited to 15% lot coverage of the total acreage.
(b) 
The remaining 85% of land shall be designated as open space with agricultural or ranch uses and protected through a conservation easement or other legal means, in perpetuity.
c. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-16-3.
Table 9-16-3: Dimensional Standards ChCD RES-F (Residential Fringe)
Zoning District
ChCD RES-F
Density (# of acres per dwelling unit)
5
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (aggregate, nonresidential)
12,000 sq. ft.
Maximum building size (nonresidential)
5,000 sq. ft.
Lot Coverage (maximum, all nonresidential uses)
25%
3. 
ChCD Residential Estate (ChCD RES-E); Purpose.
This category is intended to preserve the riparian area of the Santa Cruz River and includes several properties which are existing platted lots on the southeastern area of the Chimayo Planning area.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-16-4.
Table 9-16-4: Dimensional Standards ChCD RES-E (Residential Estate)
Zoning District
ChCD RES-E
Density (# of acres per dwelling unit)
2.5
Frontage (minimum, feet)
50
Lot width (minimum, feet)
100
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (aggregate, nonresidential)
12,000 sq. ft.
Maximum building size (nonresidential)
5,000 sq. ft.
Lot Coverage (maximum, all nonresidential uses)
25%
4. 
ChCD Traditional Community (ChCD TC); Purpose.
This district is characterized by historic acequia irrigated farmlands, residential uses and traditional development patterns and includes the Chimayo Historic Village Areas of Plaza del Cerro and Plaza del Potrero. Land uses and development shall contribute to the historic and cultural character of the areas by siting structures appropriately, staying consistent with scale and height of surrounding buildings and using Northern New Mexico vernacular architecture. Agricultural lands and acequias are the defining cultural features of the area and should be preserved and expanded. Acequia irrigated properties are highly valued by the community and provide an important visual amenity. In conjunction with new development in the area, incentives such as transfer of development rights and bonus zoning should be established to ensure preservation of agricultural lands and support for ongoing cultural uses. The area consists of primarily single-family residential and small-scale agricultural development, consistent with historic development patterns and uses. This district includes appropriately scaled community facilities, institutional uses, agricultural uses, home businesses and occupations.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
i. 
Accessory Dwelling Units:
(a) 
Accessory dwelling units shall be limited to a maximum of 650 square feet.
ii. 
Bed and Breakfast inn:
(a) 
Bed and breakfast inns are limited to 7 guest units.
(b) 
Bed and breakfast inns shall be limited to parcels with a minimum of .75 acre.
b. 
Density Bonus.
Prohibited in ChCD TC.
c. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed below, and in Table 9-16-5.
Table 9-16-5: Dimensional Standards ChCD TC (Traditional Community)
Zoning District
ChCD TC
Density (# of acres per dwelling unit)
0.75*
Frontage (minimum, feet)
20
Lot width (minimum, feet)
50
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (nonresidential)
2,500 sq. ft.
Lot Coverage (maximum, all nonresidential uses)
50%
*Base density may not be adjusted through Density Bonus.
5. 
ChCD Commercial Neighborhood (CN); Purpose.
The purpose of this district is to allow for residential and low-intensity nonresidential uses that are intended to serve and are in close proximity to individual residential neighborhoods.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-16-6.
Table 9-16-6: Dimensional Standards ChCD CN (Commercial Neighborhood)
CN Zoning District
[ChCD] CN
Density
.75
Frontage (minimum, feet)
50
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
24
Maximum building size (aggregate, nonresidential)
12,000
Maximum building size (nonresidential)
5,000
Lot Coverage (maximum, all nonresidential uses)
60%
6. 
ChCD Public/Institutional (ChCD PI); Purpose.
The purpose of this district is to accommodate governmental, educational, and nonprofit or institutional uses, including public or community parks and recreation facilities, and public, nonprofit, and institutional residential uses, but excluding any such uses of an extensive heavy industrial character.
a. 
Use Regulations.
Uses permitted, conditional and prohibited as identified in Chapter 8 and Appendix B of this Code with exceptions identified on ChCD Use Table [Table 9-16-9].
i. 
Uses permitted in the base zones and planned development zoning districts are designated as permitted, accessory, or conditional, as further explained in Table 9-16-9.
ii. 
Accessory uses may be subject to specific regulations as provided in Chapter 10 of this Code and conditional uses are subject to the conditional use permit standards provided in Chapter 4 of this Code.
b. 
Dimensional Standards.
The dimensional standards shall be as identified in Chapter 8 of this Code except as prescribed in Table 9-16-7.
Table 9-16-7: Dimensional Standards ChCD PI (Public/Institutional)
PI Zoning District
ChCD PI
Density
2.5*
Frontage (minimum, feet)
40
Lot width (minimum, feet)
n/a
Lot width (maximum, feet)
n/a
Height (maximum, feet)
36
Lot Coverage (maximum, all nonresidential uses)
25%
*Density shall be .75 acres if the surrounding zoning district is ChCD TC.
9.16.5 
ChCD Overlay Zones.
9.16.5.1 
ChCD Transfer of Development Rights Overlay District (ChCD-TDROD) -
reserved
9.16.5.2 
ChCD Historic Preservation Overlay (ChCD O-HP) -
reserved
9.16.5.3 
ChCD Environmental and Resource Protection Overlay (ChCD O-ERP) -
reserved.
9.16.6 
Supplemental Zoning Standards.
Standards shall be regulated as identified in Chapter 10 of this Code with the following exceptions:
9.16.6.1 
Home Occupations.
Purpose: Home Occupations are small-scale uses that are conducted from one’s home and are clearly incidental and secondary to primary use of a residence. All Home Occupations shall meet the criteria established in this Overlay and as regulated in Chapter 10 of this Code with the following exception.
1. 
Agricultural Equipment.
Heavy equipment necessary and used for land maintenance in a rural agricultural setting, such as tractors and farm related equipment not connected to the home occupation, is not subject to the home occupation requirements for Low and Medium Impact heavy equipment.
9.16.7 
Use Table.
Uses permitted in the base zones and planned development zoning districts are shown in the ChCD Use Table 9-16-9. All uses are designated as permitted, accessory, or conditional, as further explained in Table 9-16-8. Accessory uses may be subject to specific regulations as provided in Chapter 10, and conditional uses are subject to the conditional use permit standards provided in Chapter 4. In addition, uses may be subject to modification by the overlay zoning regulations included in this chapter.
Table 9-16-8: Use Table Labels
P
Permitted Use: The letter “P” indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of the SLDC.
A
Accessory Use: The letter “A” indicates that the listed use is permitted only where it is accessory to a use that is permitted or conditionally approved for that district. Accessory uses shall be clearly incidental and subordinate to the principal use and located on the same tract or lot as the principal use.
C
Conditional Use: The letter “C” indicates that the listed use is permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4.
DCI
Development of Countywide Impact: The letters “DCI” indicate that the listed use is permitted within the zoning district only after review and approval as a Development of Countywide Impact.
X
Prohibited Use: The letter “X” indicates that the use is not permitted within the district.
The Use Matrix also includes Function, Activity and Structure Codes in accordance with the Land Based Classification System.
Uses not specifically enumerated. When a proposed use is not specifically listed in the use matrix, the Administrator may determine that the use is materially similar to a listed use if:
The proposed use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA); or
If the use cannot be located within one of the LBCS classifications, the Administrator shall refer to the most recent manual of the North American Industry Classification System (NAICS). The proposed use shall be considered materially similar if it falls within the same industry classification of the NAICS manual. A proposed use shall be treated in the same manner as the listed use to which it is materially similar. For example, if the proposed use is materially similar to a permitted use, this proposed use shall also be a permitted use.
Table 9-16-9: ChCD Use Table
Use
Function
Structure
Activity
CHCD RUR-R
CHCD RES-F
CHCD RES-E
CHCD TC
CHCD CN
CHCD PI
Special Conditions
Residential
Single-family
 
1110
 
P
P
P
P
P
A
 
Accessory dwelling units
 
1130
 
A
A
A
A
A
A
Ch. 9 & 10
Townhouses
 
 
 
P
P
P
P
P
A
 
Multifamily dwellings
1202-99
C
C
C
C
C
A
 
Retirement housing
1210
 
 
C
C
C
C
C
C
 
Assisted living facility
1230
 
 
C
C
C
C
P
P
 
Life care or continuing care facilities
1240
 
 
C
C
C
C
P
P
 
Nursing facilities
1250
 
 
C
C
C
C
P
P
 
Community home, NAICS 623210
 
 
 
P
P
P
P
P
P
 
Barracks
 
1310
 
X
X
X
X
X
P
 
Dormitories
 
1320
 
X
X
X
X
C
P
 
Temporary structures, tents etc. for shelter
 
1350
 
A
A
A
A
C
P
 
Hotels, motels, or other accommodation services
Bed and breakfast inn
1310
 
 
P
P
P
P
P
X
Ch. 9 & 10
Rooming and boarding housing
1320
 
 
C
C
C
C
C
C
 
Resorts
 
 
 
X
X
X
X
X
X
 
Retreats
 
 
 
C
C
C
C
C
P
 
Hotels, motels, and tourist courts
1330
 
 
X
X
X
X
X
X
 
Commercial
Shop or store with drive-through facility
 
2210
 
X
X
X
X
X
X
 
Restaurant, with incidental consumption of alcoholic beverages
 
2220
 
X
X
X
C
X
X
 
Restaurant, with no consumption of alcoholic beverages permitted
 
2220
 
X
X
X
C
P
X
 
Store or shop without drive through facility
 
2230
 
X
X
X
C
P
X
 
Department store
 
2240
 
X
X
X
X
X
X
 
Warehouse discount store/ superstore
2124
2250
 
X
X
X
X
X
X
 
Market shops, including open markets
 
2260
 
X
X
X
C
P
X
 
Gasoline station
 
2270
 
X
X
X
X
X
X
 
Automobile repair and service
 
2280
 
X
X
X
C
P
X
 
Car dealer
2111
 
 
X
X
X
X
X
X
 
Bus, truck, mobile home, or large vehicle dealers
2112
 
 
X
X
X
X
X
X
 
Bicycle, motorcycle, all-terrain vehicle dealers
2113
 
 
X
X
X
X
X
X
 
Boat or marine craft dealer
2114
 
 
X
X
X
X
X
X
 
Automotive parts, accessories, or tires
2115
 
 
X
X
X
C
P
X
 
Gasoline service
2116
 
 
X
X
X
X
X
X
 
Lumberyard and materials
2126
 
 
X
X
X
C
X
X
 
Outdoor resale business
2145
 
 
X
X
X
X
X
X
 
Pawnshops
NAICS 522298
X
X
X
C
P
X
 
Beer, wine, and liquor store (off-premises consumption of alcohol)
2155
 
 
X
X
X
X
X
X
 
Shopping center
2510-2580
X
X
X
X
P
X
 
Convenience stores or centers
 
2591
 
X
X
X
C
P
X
 
Car care center
 
2593
 
X
X
X
C
P
X
 
Carwashes
NAICS 811192
X
X
X
X
C
X
 
Office or bank (without drive-through facility)
 
2100
 
X
X
X
C
P
X
 
Office (with drive-through facility)
 
2110
 
X
X
X
X
X
X
 
Office or store with residence on top
 
2300
 
X
X
X
C
P
X
 
Office - over storefront structure
 
2400
 
X
X
X
C
P
X
 
Research and development services (scientific, medical, and technology)
2416
 
 
X
X
X
C
P
X
 
Car rental and leasing
2331
 
 
X
X
X
C
P
X
 
Leasing trucks, trailers, recreational vehicles, etc.
2332
 
 
X
X
X
X
C
X
 
Services including pest control, janitorial, landscaping, carpet[,] upholstery, cleaning and other services
2450
 
 
X
X
X
C
P
X
 
Bars, taverns and nightclubs
 
 
 
X
X
X
X
X
X
 
Sexually oriented business
 
 
 
X
X
X
X
X
X
Sec. 10.20
Tattoo parlors
 
 
 
X
X
X
C
P
X
 
Industrial, manufacturing and wholesale trade
Light industrial structures and facilities (not enumerated in Codes 2611-2615, below)
 
2610
 
X
X
X
X
X
X
 
Loft
 
2611
 
X
X
X
X
X
X
 
Mill-type factory structures
 
2612
 
X
X
X
X
X
X
 
Manufacturing plants
 
2613
 
X
X
X
X
X
X
 
Industrial parks
 
2614
 
X
X
X
X
X
X
 
Laboratory or specialized industrial facility
 
2615
 
X
X
X
X
X
X
 
Assembly and construction-type plants
3000
2621
 
X
X
X
X
X
X
 
Process plants (metals, chemicals[,] asphalt, concrete, etc.)
3000
2622
 
X
X
X
X
X
X
 
Construction-related businesses
7000
 
 
X
X
X
C
X
X
 
Heavy construction
7400
 
 
X
X
X
X
X
X
 
Machinery related
7200
 
 
X
X
X
X
X
X
 
Trade contractor, plumbing, electrical, roofing, painting, landscaping
7300
 
 
X
X
X
X
X
X
 
Automotive paint and body
 
 
 
X
X
X
X
C
X
Sec. 10 [10.23]
Automotive wrecking and graveyards, salvage yards, and junkyards
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
 
Vehicle storage for towing or related business
 
 
 
X
X
X
X
X
C
 
Demolition, building and structure business
 
 
 
X
X
X
X
X
X
 
Warehouse or storage facility structure
 
2700
 
X
X
X
X
X
X
 
Mini-warehouse, mini-storage units
 
2710
 
X
X
X
X
X
X
 
High-rise mini-warehouse
 
2720
 
X
X
X
X
X
X
 
Warehouse structure
 
2730
 
X
X
X
X
X
X
 
Produce warehouse
 
2740
 
C
C
X
C
C
C
 
Refrigerated warehouse or cold storage
 
2750
 
C
C
X
C
C
C
 
Large area distribution or transit warehouse
 
2760
 
X
X
X
X
X
X
 
Wholesale trade - durable goods
3510
 
 
C
C
X
C
C
C
 
Wholesale trade nondurable goods
3520
 
 
C
C
X
C
C
C
 
Food, textiles, and related products
 
 
 
C
C
X
C
C
C
 
Wood, paper, and printing products
 
 
 
C
C
X
C
C
C
 
Tank farms
 
2780
 
X
X
X
X
X
X
 
Public assembly structures
Performance theater
 
 
3110
X
X
X
C
P
C
 
Movie theater
 
 
3120
X
X
X
X
C
C
 
Amphitheater
 
 
3130
X
X
X
X
X
P
 
Drive-in theaters
 
 
3140
X
X
X
X
X
X
 
Indoor games facility
 
3200
 
X
X
X
X
C
P
 
Amusement, sports, or recreation establishment not specifically enumerated
5300
 
 
X
X
X
X
X
C
 
Amusement or theme park
5310
 
 
X
X
X
X
X
X
 
Arcade
5320
 
 
X
X
X
X
X
X
 
Miniature golf establishment
5340
 
 
X
X
X
C
C
X
 
Fitness, recreational sports, gym, or athletic club
5370
 
 
C
C
C
C
P
P
 
Bowling, billiards, pool, etc.
5380
 
 
X
X
X
C
P
C
 
Skating rinks
5390
 
 
X
X
X
C
C
P
 
Sports stadium or arena
 
3300
 
X
X
X
X
X
C
 
Racetrack or raceway
5130
 
 
X
X
X
X
X
X
 
Exhibition, convention or conference structure
 
3400
 
X
X
X
X
X
P
 
Religious facilities
 
3500
 
P
P
P
P
P
P
*
Covered or partially covered atriums and public enclosure
 
3700
 
X
X
X
X
C
P
 
Passenger terminal, mixed mode
 
3810
 
X
X
X
C
C
P
*
Active open space/athletic fields/golf courses
6340
 
 
C
C
C
C
C
P
*
Passive open space
6340
 
 
P
P
P
P
P
P
 
Arts, entertainment, and recreation
Active leisure sports and related activities
 
 
7100
C
C
C
C
C
P
 
Movie ranch
 
 
 
C
C
C
C
P
P
 
Camps, camping, and related establishments
5400
 
 
C
C
C
C
C
P
 
Exhibitions and art galleries
 
4410
 
C
C
C
P
P
P
 
Performing arts or supporting establishment
5100
 
 
C
C
C
C
P
P
 
Theater, dance, or music establishment
5101
 
 
C
C
C
C
P
P
 
Institutional or community facilities
Community center
 
2200
 
C
C
C
C
P
P
 
Hospitals
 
4110
 
X
X
X
X
X
P
 
Medical clinics
 
4120
 
C
C
C
C
P
P
 
Social assistance, welfare, and charitable services (not otherwise enumerated)
6560
 
 
P
P
P
P
P
P
 
Child and youth services
6561
 
 
P
P
P
P
P
P
 
Child care institution
6562
 
 
P
P
P
P
P
P
 
Day care center
6562
 
 
P
P
P
P
P
P
 
Community food services
6563
 
 
P
P
P
P
P
P
 
Emergency and relief services
6564
 
 
P
P
P
P
P
P
 
Other family services
6565
 
 
P
P
P
P
P
P
 
Services for elderly and disabled
6566
 
 
P
P
P
P
P
P
 
Animal hospitals
6730
 
 
P
P
P
P
P
P
 
School or university (privately owned)
 
4200
 
C
C
C
P
C
P
 
Grade school (privately owned)
 
4210
 
P
P
P
P
P
P
 
College or university facility (privately owned)
 
4220
 
C
C
C
C
C
P
 
Technical, trade, and other specialty schools
6140
4230
 
C
C
C
C
C
P
 
Library
 
4300
 
P
P
P
P
P
P
 
Museum, exhibition, or similar facility
5200
4400
 
C
C
C
P
P
P
 
Planetarium
 
4420
 
X
X
X
P
C
P
 
Aquarium
 
4430
 
X
X
X
X
X
X
 
Zoological parks
 
4450
 
X
X
X
X
X
X
 
Public safety related facility
 
 
4500
P
P
P
P
P
P
 
Fire and rescue station
 
 
4510
P
P
P
P
P
P
 
Police station
 
 
4520
P
P
P
P
P
P
 
Emergency operation center
 
 
4530
P
P
P
P
P
P
*
Correctional or rehabilitation facility
 
 
4600
X
X
X
X
X
P
*
Cemetery, monument, tombstone, or mausoleum
 
 
4700
C
C
C
C
C
P
 
Funeral homes
 
 
4800
X
X
X
P
P
P
 
Cremation facilities
 
 
4800
X
X
X
X
X
P
 
Public administration
 
6200
 
X
X
X
P
P
P
 
Post offices
 
6310
 
C
C
C
C
P
P
 
Space research and technology
 
6330
 
X
X
X
C
P
P
*
Clubs or lodges
 
 
 
C
C
C
C
C
C
 
Transportation-related facilities
Commercial automobile parking lots
 
5200
 
X
X
X
C
C
X
 
Commercial automobile parking garages
 
 
 
X
X
X
C
C
X
 
Surface parking, open
 
5210
 
A
A
A
A
A
A
 
Surface parking, covered
 
5220
 
A
A
A
A
A
A
 
Underground parking structure with ramps
 
5240
 
X
X
X
C
X
A
 
Rooftop parking facility
 
5250
 
X
X
X
X
X
A
 
Bus terminal
 
3830
 
X
X
X
X
X
P
 
Bus stop shelter
 
5300
 
P
P
P
P
P
P
 
Truck storage and maintenance facilities
 
5400
 
X
X
X
X
X
X
 
Truck freight transportation facilities
4140
 
 
X
X
X
X
X
X
 
Light rail transit lines and stops
4151
 
 
C
C
C
C
P
P
 
Local rail transit storage and maintenance facilities
4153
 
 
X
X
X
X
X
X
 
Taxi and limousine service maintenance and storage facilities
4155
 
 
X
X
X
C
X
X
 
Taxi and limousine service dispatch facilities
 
 
 
X
X
X
C
C
X
 
Bus transportation storage and maintenance facilities
4156
 
 
X
X
X
C
X
C
 
Towing and other road service facilities, excluding automobile salvage, wrecking, or permanent vehicle storage
4157
 
 
X
X
X
X
C
C
 
Long-distance or bulk pipelines for petroleum products, natural gas, or mineral slurry
4170
 
 
X
X
X
X
X
X
 
Courier and messenger service facilities
4190
 
 
X
X
X
C
C
X
 
Commercial airports
 
5600
 
X
X
X
X
X
C
 
Private airplane runways and landing strips
 
5610
 
X
X
X
X
X
X
 
Airport maintenance and hangar facilities
 
5620
 
X
X
X
X
X
C
 
Heliport facility
 
5640
 
X
X
X
X
X
C
 
Helistops
 
 
 
X
X
X
X
X
C
 
Glideport, stolport, ultralight airplane, or balloon port facility
 
5650
 
X
X
X
X
X
C
 
Railroad tracks, spurs, and sidings
 
 
 
P
P
P
P
X
P
 
Railroad switching, maintenance, and storage facility
 
5700
 
X
X
X
X
X
C
 
Railroad passenger station
 
5701
 
C
C
X
C
X
C
 
Railroad freight facility
 
5702
 
X
X
X
X
X
X
 
Utility
Local distribution facilities for water, natural gas, and electric power
 
6100
 
P
P
P
P
A
P
 
Telecommunications lines
 
 
 
P
P
P
P
P
P
 
Electric power substations
 
 
 
C
C
C
C
C
C
 
High-voltage electric power transmission lines
 
 
 
X
X
X
X
X
C
 
Dam
 
6220
 
C
C
C
C
X
C
 
Livestock watering tank or impoundment
 
 
 
P
P
P
P
A
P
 
Levee
 
6230
 
C
C
C
C
A
C
 
Water tank (elevated, at grade, or underground)
 
6250
 
P
P
P
P
P
P
 
Water wells, well fields, and bulk water transmission pipelines
 
6260
 
P
P
P
P
A
P
 
Water treatment and purification facility
 
6270
 
P
P
P
P
X
P
 
Water reservoir
 
6280
 
C
C
C
C
X
P
 
Irrigation facilities, including impoundments for on-site irrigation or acequia system irrigation
 
6290
 
P
P
P
P
A
P
 
Wastewater storage or pumping station facility, lift stations, and collection lines
 
6310
 
P
P
P
P
A
P
 
Solid waste landfill facility
4345
6320
 
X
X
X
X
X
C
 
Composting facility
 
6330
 
C
C
X
C
C
X
 
Recycling transfer center
 
6331
 
C
C
C
C
P
P
 
Solid waste collection transfer station (governmental)
4343
 
3210
C
C
C
C
C
P
 
Solid waste collection transfer station (private)
4343
 
3210
X
X
X
X
X
C
 
Solid waste combustor or incinerator
4344
 
 
X
X
X
X
X
X
 
Septic tank service, repair, and installation business
4346
 
 
C
C
X
C
C
X
 
Household hazardous waste collection facility
 
 
 
X
X
X
C
X
X
 
Hazardous waste storage facility
 
6340
 
X
X
X
X
X
X
 
Hazardous waste treatment and disposal facility
 
 
 
X
X
X
X
X
X
 
Sewage treatment plant and disposal facilities
 
6350
 
C
C
C
C
X
C
 
Gas or electric power generation facility
 
6400
 
X
X
X
X
X
DCI
 
New wireless communication facilities/Modification of existing wireless communication facility with substantial changes
 
6500
 
C
X
X
X
X
C
 
Modification of existing wireless communication facility with no substantial changes/Collocation
 
6500
 
P
P
P
P
P
P
 
Roof-mounted/surface-mounted/stealth
 
6500
 
P
C
C
C
P
P
 
Amateur radio antenna
 
6510
 
X
X
X
C
A
P
 
Weather stations
 
6520
 
C
X
X
C
A
P
 
Environmental monitoring station (air, soil, etc.)
 
6600
 
P
P
P
P
A
P
 
Commercial solar energy production facility
 
 
 
C
C
C
C
C
X
 
Geothermal production facility
 
6450
 
X
X
X
X
X
X
 
Large-scale wind facility
 
 
 
X
X
X
X
X
X
Sec. 10.16
Highway rest stops and welcome centers
 
6930
 
C
C
C
C
C
P
 
Fountain, sculpture, or other similar decorative structures
 
6950
 
P
P
P
P
P
P
 
Permanent outdoor stage, bandstand, or similar structure
 
6960
 
A
A
A
C
C
P
 
Agriculture, forestry, and conservation/open space
Grain silos and other storage structure for grains and agricultural products
 
8100
 
A
A
A
P
X
C
 
Animal production that includes slaughter
9300
 
 
C
C
X
X
X
X
 
Livestock pens or hog houses
 
8200
 
C
C
C
C
C
C
 
Commercial greenhouses
 
8500
 
P
P
P
P
P
P
 
Nurseries and other growing of ornamental plants
 
 
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Personal use
 
 
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial up to 12 horses
 
8240
 
P
P
P
P
P
P
 
Stables and other equine-related facilities - Commercial over 12 horses
 
 
 
P
C
C
C
C
C
 
Kennels and commercial dog breeding facilities
 
8700
 
C
C
C
C
C
P
 
Apiary and other related structures
 
8700
 
P
P
P
P
P
P
 
Crop production outdoor
9100
 
 
P
P
P
P
P
P
 
Crop production greenhouse
 
8500
 
P
P
P
P
P
P
 
Display or sale of agricultural products raised on the same premises
 
 
 
P
P
P
P
P
P
 
Forestry and logging operations
9300
 
 
C
C
C
C
X
P
 
Game preserves and retreats
9400
 
 
X
X
X
X
X
P
 
Support business and operations for agriculture and forestry
 
 
 
C
C
C
P
P
P
 
Parks, open space areas, conservation areas, and preservation areas
 
 
 
P
P
P
P
P
P
 
Public or community outdoor recreation facilities
 
 
 
P
P
P
P
P
P
 
Concentrated animal feeding operation
 
8310
 
X
X
X
X
X
X
Ch. 11
Grazing and ranching of livestock
 
8230
 
P
P
P
P
P
P
Sec. 10.3
Dairy farms
 
8210
 
C
C
C
C
X
X
 
Other farm and farming -related structures
 
8900
 
P
P
P
P
P
P
 
Poultry farms and poultry production facilities
 
8220
 
C
C
C
C
X
X
 
Sheds, or other agricultural facilities
 
8000
 
A
A
A
A
A
A
 
Animal waste lagoons
 
8420
 
X
X
X
X
X
X
Ch. 11
Mining and extraction establishments
Oil and natural gas exploration or extraction
8100
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Hard rock mining
8200
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Small scale sand and gravel extraction
 
 
 
C
C
X
X
X
X
 
Sand and gravel extraction (as specified in Section 11.10)
 
 
 
DCI
DCI
DCI
DCI
DCI
DCI
Ch. 11
Notes:
*Subject to inclusion in approved list of uses that is part of the site plan for the Mixed Use and Planned Development District.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)