All land within the town shall be designated on the town zone map as included in one of the zones authorized in this chapter and may also be designated as included in one or more overlay zones authorized in this chapter. Split zoned parcels shall not be permitted.
(Ordinance 16-21 adopted 2016)
A. 
Authorization.
All land, structures, buildings, objects, activities, or other matters within the town which are regulated under this title shall be erected, altered, used, undertaken, or developed only as authorized in this chapter.
B. 
Uses.
Land may be used or developed in a given zone only for those uses which are specifically listed for that zone as permitted uses, or as specially or conditionally permitted, subject to the applicable restrictions and requirements established in this title.
C. 
Affordable housing.
1. 
Affordable housing projects that are both sponsored and approved by the town, consistent with the town’s affordable housing ordinance and affordable housing plan, shall be permitted in all zones, overlays and districts of the town except the R-1, RA, RA-6, RA-10, RA-20 and ARO zones.
2. 
All affordable housing projects approved or sponsored by the town must meet the town’s architectural design (Pueblo Revival and Territorial architectural design, exterior features, and coloration) and massing criteria. Town staff may administratively grant a waiver to strict conformance where the design criteria would be substantially inconsistent with the character of the neighborhood to the extent that the design would not fit.
3. 
Town approved affordable housing projects permitted per this subsection shall be allowed by right up to a density equivalent to R-14 in all zones, districts and overlays, except as provided in section 16.16.010.7(A.) [sic], and shall be required to meet the setback, height, parking and other development criteria for the R-14 zone, unless the project is of a lower density than R-14, in which case it may be permitted to alternatively meet the requirements of the zone matching that density.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 18-06 adopted 2018)
A. 
Conditional use permits.
Uses requiring a conditional use permit are enumerated separately in the individual sections of this chapter establishing the regulations governing individual zones. The commission may grant a conditional use permit providing that:
1. 
The use is a specifically authorized conditional use in the zone in which the property is located;
2. 
All other requirements of this title are met, unless a variance is granted for those requirements which are specific prerequisites for granting of the conditional use permit sought by the applicant; and
3. 
The conditional use will not create a danger to the public health, safety or welfare, nor cause an extraordinary public expense, nor create a nuisance.
B. 
Special use permits.
Uses requiring a special use permit are listed in section 16.16.210 of this chapter and may be applied for in any zone except the ARO zone. The commission may grant a special use permit providing that:
1. 
The use is specifically authorized as a special use in section 16.16.210 of this chapter;
2. 
All other requirements of this title are met, unless a variance is granted for those requirements which are specific prerequisites for granting of the special use permit sought by the applicant; and
3. 
The special use will not create a danger to the public health, safety or welfare, nor cause an extraordinary public expense, nor create a nuisance.
C. 
Variances.
Deviations or departures for the development standards of the zone where the property is located, and/or the performance standards of chapter 16.20 of this title, may be granted provided that the commission determines:
1. 
Failure to grant the variance would result in such unnecessary hardships as to make it unreasonable to apply the strict letter of this title to the property which is the subject of the variance application; and
2. 
The practical difficulties were not created by the applicant and the variance is the minimum action necessary to afford appropriate relief and no other means are available to achieve the benefit sought by the applicant; and
3. 
The granting of the variance is not contrary to public interest; and
4. 
The variance is in the spirit of the zoning ordinance and substantial justice done.
(Ordinance 17-07 adopted 2017)
A. 
If a use is not specifically listed in the provisions of this chapter as permitted, or is not permitted by the issuance of either a conditional use permit or special use permit, then such a use is hereby expressly prohibited.
B. 
In the event that a person desires to use or develop property in a given zone in a manner which is not specifically permitted, or specifically permitted upon issuance of a conditional use permit or special use permit, then that person may:
1. 
File an application pursuant to the procedures and requirements established in this title to rezone the property to a different zone classification; or
2. 
File an application pursuant to the procedures and requirements established in this title to cause this title to be amended to include the desired use as permitted, or permitted upon issuance of a conditional use permit or special use permit, for the zone in which the property is situated. If, pursuant to an application to amend this title, an amendment to this title is adopted which authorizes a use upon the issuance of a conditional use permit or special use permit, then the passage of such an amendment shall not be deemed to be an approval of a particular conditional use permit or special use permit and such a permit must be applied for separately and approved separately from an amendment to this title generally authorizing such a conditional use permit or special use permit in a given zone. Nothing herein shall prohibit concurrent hearings or other review of such a proposed amendment and an application for a conditional use permit or special use permit, so long as final action to approve the permit occurs subsequent to the amendment of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
If uncertainty arises or ambiguity exists concerning the application of any of the standards or requirements established in this chapter, it shall be the duty of the code administrator to ascertain all pertinent facts and to issue findings and an interpretation of this title. Such interpretation shall thereafter govern unless the interpretation is reversed on appeal as provided in chapter 16.12 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
Upon annexation by the town council and under the recommendation of the commission, all land annexed to the town shall be zoned as one of the zones outlined in this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
A. 
The ARO zone permits agricultural, ranching, recreation and open space uses on land which is prone to flooding, which may be shown on the FIRM map (flood insurance rate map), and may include lands which are flooded during a 100-year flood, and which are therefore basically unsuitable for permanent general residential, commercial or industrial development due to poor drainage, excessive runoff, or other flooding problems. The ARO zone is depicted on the town zone map as generally following the natural boundaries of the land which is prone to poor drainage, excessive runoff, or other flooding problems.
B. 
Land in the ARO zone is not included within the FIRM map pertaining to chapter 15.20, “Flood Damage Prevention”, of this code. For specific floodplain requirements, see chapter 15.20 of this code.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in an ARO zone:
Agriculture and ranching, with grazing on no less than five (5) acres of land.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in an ARO zone:
Temporary roadside stands offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses which are customarily accessory, clearly incidental and subordinate to permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in an ARO zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the ARO zone only if a conditional use permit is granted and provided that they are reviewed for compliance with chapter 15.24, “Storm Drainage”, of this code:
Golf course or driving range.
Outdoor plant nursery.
Park.
Riding stables on no less than five (5) acres of land.
Wildlife sanctuary, woodland preserve, or arboretum.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the ARO zone:
A. 
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep shall be raised or kept at any one time;
B. 
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time;
C. 
No livestock pens shall be located closer than one hundred feet (100') to any property line, watercourse or acequia;
D. 
No application to develop land within the ARO zone shall be approved unless a site development plan, containing the elements required in section 16.20.080 of this title, is approved by the commission prior to the issuance of any building, grading or other permit authorizing disturbance of the land.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The RA-20 zone is intended for rural residential areas and larger scale agricultural and/or ranching activity with low population densities. Areas within this zone are characterized by large parcels of land not less than twenty (20) acres.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-20 zone:
Agriculture and ranching.
Farms and ranches.
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A.
The manufactured home is the core unit of a single-family residence;
B.
The manufactured home is modified in appearance to conform to neighborhood buildings;
C.
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the property;
D.
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E.
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations (14 NMAC 12.2);
F.
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances and regulations shall apply; and
H.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Riding stables.
Single-family dwelling located on a single lot.
Temporary manufactured home or other temporary prefabricated dwelling used as a residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle, or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the RA-20 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence.
Storage of no more than a total of two (2) operational sports trailers, recreational vehicles, motor homes, trailers and/or campers, provided that such units:
A. 
Are located within the setback requirements of this zone;
B. 
Are not more than thirty feet (30') in length;
C. 
Are not used for human habitation for more than two (2) weeks in a calendar year while parked;
D. 
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare, right-of-way; and
F. 
Are currently licensed and registered as required with the State of New Mexico.
Temporary roadside stands, offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the RA-20 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-20 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
The bed and breakfast inn or boarding house is accessed by a public road;
B. 
The site of the bed and breakfast inn or boarding house is no less than one-half (1/2) acre;
C. 
Not more than ten (10) rooms are available for guest lodging, and this limitation may not be increased by variance;
D. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
E. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
F. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
G. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
H. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
I. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Convenience or small grocery store without fuel sales.
Farm and ranch labor housing which does not exceed occupancy by more than five (5) persons.
Guesthouse used for long term rental.
Recreational uses, excluding golf course/driving range.
The following nonresidential uses, provided that the goods and/or services provided by these establishments support “agricultural land use” as defined in section 16.08.020.3 of this title:
A.
Feed or farming store;
B.
Nursery or greenhouse;
C.
Veterinary establishment;
D.
Animal kennel or boarding;
E.
Club.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the RA-20 zone:
A. 
Maximum overall density.
One single-family dwelling and one nonresidential unit if conditionally or specially permitted per twenty (20) acres.
B. 
Minimum lot size.
Twenty (20) acres.
C. 
Minimum lot width.
One hundred fifty feet (150').
D. 
Minimum setback requirements.
1. 
Front yard: Thirty feet (30') from the front property line;
2. 
Side yards: Twenty feet (20') from the side property lines; and
3. 
Rear yard: Thirty feet (30') from the rear property line.
E. 
Maximum lot coverage.
Five percent (5%) by all structures.
F. 
Hoofed animals.
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep, shall be raised or kept at any one time.
G. 
Small fowl.
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time.
H. 
Incompatible uses.
No livestock pens or other intensive ranching or agricultural uses which are considered incompatible with residential development by virtue of their appearance, noise, odor, or adverse impact on health conditions shall be located closer than one hundred feet (100') to any property line, watercourse or acequia.
I. 
Distance from watercourse.
No outbuilding, guesthouse, or single-family dwelling shall be located closer than one hundred feet (100') from any watercourse or acequia.
J. 
Nonresidential uses.
Nonresidential uses, except bed and breakfast inns and boarding houses, shall comply with the following additional development standards:
1. 
One commercial unit per twenty (20) acres;
2. 
One sign not to exceed four (4) square feet;
3. 
The use is accessed by a public road;
4. 
Adequate, safe and marked access, egress, and ingress is provided; and
5. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
K. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the RA-20 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The RA-10 zone is intended for rural residential areas and larger scale agricultural and/or ranching activity with low population densities. Areas within this zone are characterized by large parcels of land not less than ten (10) acres.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-10 zone:
Agriculture and ranching.
Farms and ranches.
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the property;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations (14 NMAC 12.2);
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances and regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Riding stables.
Single-family dwelling located on a single lot.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle and/or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the RA-10 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence.
Storage of no more than a total of two (2) operational sports trailers, recreation vehicles, motor homes, trailers and/or campers, provided that such units:
A. 
Are located within the setback requirements of this zone;
B. 
Are not more than thirty feet (30') in length;
C. 
Are not used for human habitation for more than two (2) weeks in a calendar year while parked;
D. 
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare, right-of-way; and
F. 
Are currently licensed and registered as required with the State of New Mexico.
Temporary roadside stands, offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the RA-10 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-10 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
The bed and breakfast inn or boarding house is accessed by a public road;
B. 
The site of the bed and breakfast inn or boarding house is no less than one-half (1/2) acre;
C. 
Not more than ten (10) rooms are available for guest lodging, and this limitation may not be increased by variance;
D. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
E. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
F. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
G. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
H. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
I. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Convenience or small grocery store without fuel sales.
Daycare.
Farm and ranch labor housing which does not exceed occupancy by more than five (5) persons.
Guesthouse used for long term rental.
Recreational uses, excluding golf course/driving range.
The following nonresidential uses, provided that the goods and/or services provided by these establishments support “agricultural land use” as defined in section 16.08.020.3 of this title:
A.
Feed or farming store;
B.
Nursery or greenhouse;
C.
Veterinary establishment;
D.
Animal kennel or boarding;
E.
Club.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the RA-10 zone:
A. 
Maximum overall density.
One single-family dwelling and one nonresidential unit if conditionally or specially permitted per ten (10) acres.
B. 
Minimum lot size.
Ten (10) acres.
C. 
Minimum lot width.
One hundred fifty feet (150').
D. 
Minimum setback requirements.
1. 
Front yard: Thirty feet (30') from the front property line;
2. 
Side yards: Twenty feet (20') from the side property lines; and
3. 
Rear yard: Thirty feet (30') from the rear property line.
E. 
Maximum lot coverage.
Ten percent (10%) by all structures.
F. 
Hoofed animals.
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep, shall be raised or kept at any one time.
G. 
Small fowl.
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time.
H. 
Incompatible uses.
No livestock pens or other intensive ranching or agricultural uses which are considered incompatible with residential development by virtue of their appearance, noise, odor, or adverse impact on health conditions shall be located closer than one hundred feet (100') to any property line, watercourse or acequia.
I. 
Distance from watercourse.
No outbuilding, guesthouse, or single-family dwelling shall be located closer than one hundred feet (100') from any watercourse or acequia.
J. 
Nonresidential uses.
Nonresidential uses, except bed and breakfast inns and boarding houses, shall comply with the following additional development standards:
1. 
One commercial unit per ten (10) acres;
2. 
One sign not to exceed four (4) square feet;
3. 
The use is accessed by a public road;
4. 
Adequate, safe and marked access, egress, and ingress is provided; and
5. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
K. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the RA-10 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The RA-6 zone is intended for rural residential areas and small scale agricultural and/or ranching activity with low population densities. Areas within this zone are characterized by large parcels of land not less than six (6) acres.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-6 zone:
Agriculture and ranching.
Farms and ranches.
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the property;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations;
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances or regulations shall apply; and
H. 
A. The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Riding stables.
Single-family dwelling located on a single lot.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the RA-6 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence.
Storage of no more than a total of two (2) operational sports trailers, recreation vehicles, motor homes, trailers and/or campers, provided that such units:
A. 
Are located within the setback requirement of this zone;
B. 
Are not more than thirty feet (30') in length;
C. 
Are not used for human habitation for more than two (2) weeks in a calendar year while parked;
D. 
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare, right-of-way; and
F. 
Are currently licensed and registered as required with the State of New Mexico.
Temporary roadside stands, offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the RA-6 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA-6 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
The bed and breakfast inn or boarding house is accessed by a public road;
B. 
The site of the bed and breakfast inn or boarding house is no less than one-half (1/2) acre;
C. 
Not more than ten (10) rooms are available for guest lodging, and this limitation may not be increased by variance;
D. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
E. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
F. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
G. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
H. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
I. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Convenience or small grocery store without fuel sales.
Daycare.
Guesthouse used for long term rental.
Recreational uses, excluding golf course/driving range.
The following nonresidential uses, provided that the goods and/or services provided by these establishments support “agricultural land use” as defined in section 16.08.020.3 of this title:
A.
Feed or farming store;
B.
Nursery or greenhouse;
C.
Veterinary establishment;
D.
Animal kennel or boarding;
E.
Club.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the RA-6 zone:
A. 
Maximum overall density.
One single-family dwelling and one nonresidential unit if conditionally or specially permitted per six (6) acres.
B. 
Minimum lot size.
Six (6) acres.
C. 
Minimum lot width.
One hundred fifty feet (150').
D. 
Minimum setback requirements.
1. 
Front yard: Thirty feet (30') from the front property line;
2. 
Side yards: Twenty feet (20') from the side property lines; and
3. 
Rear yard: Thirty feet (30') from the rear property line.
E. 
Maximum lot coverage.
Fifteen percent (15%) by all structures.
F. 
Hoofed animals.
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep, shall be raised or kept at any one time.
G. 
Small fowl.
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time.
H. 
Incompatible uses.
No livestock pens or other intensive ranching or agricultural uses which are considered incompatible with residential development by virtue of their appearance, noise, odor, or adverse impact on health conditions shall be located closer than one hundred feet (100') to any property line, watercourse or acequia.
I. 
Distance to watercourse.
No outbuilding, guesthouse or single-family dwelling shall be located closer than one hundred feet (100') from any watercourse or acequia.
J. 
Nonresidential uses.
Nonresidential uses, except bed and breakfast inns and boarding houses, shall comply with the following additional development standards:
1. 
One commercial unit per six (6) acres;
2. 
One sign not to exceed four (4) square feet;
3. 
The use is accessed by a public road;
4. 
Adequate, safe and marked access, egress, and ingress is provided; and
5. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
K. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the RA-6 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
L. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the RA-6 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The RA zone is intended for rural residential areas and small scale agricultural and/or ranching activity with low population densities. Areas within this zone are characterized by parcels of land not less than three (3) acres.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA zone:
Agriculture and ranching.
Farms and ranches.
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the property;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations;
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances and regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Riding stables.
Single-family dwelling located on a single lot.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted, nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the RA zone:
Guesthouse, so long as it is used only as an accessory to the primary residence.
Storage of no more than a total of two (2) operational sports trailers, recreational vehicles, motor homes, trailers and/or campers, provided that such units:
A. 
Are located within the setback requirements of this zone;
B. 
Are not more than thirty feet (30') in length;
C. 
Are not used for human habitation for more than two (2) weeks in a calendar year while parked;
D. 
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare right-of-way; and
F. 
Are currently licensed and registered as required with the State of New Mexico.
Temporary roadside stands, offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the RA zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the RA zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
The bed and breakfast inn or boarding house is accessed by a public road;
B. 
The site of the bed and breakfast inn or boarding house is no less than one-half (1/2) acre;
C. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
D. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
E. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
F. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
G. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
H. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
I. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Convenience or small grocery store without fuel sales.
Daycare.
Guesthouse used for long term rental.
Recreational uses, excluding golf course/driving range.
The following nonresidential uses, provided that the goods and/or services provided by these establishments support “agricultural land use” as defined in section 16.08.020.3 of this title:
A.
Feed or farming store;
B.
Nursery or greenhouse;
C.
Veterinary establishment;
D.
Animal kennel or boarding;
E.
Club.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the RA zone:
A. 
Maximum overall density.
One single-family dwelling and one nonresidential unit if conditionally or specially permitted per three (3) acres.
B. 
Minimum lot size.
Three (3) acres.
C. 
Minimum lot width.
One hundred fifty feet (150').
D. 
Minimum setback requirements.
1. 
Front yard: Thirty feet (30') from the front property line;
2. 
Side yards: Twenty feet (20') from the side property lines; and
3. 
Rear yard: Thirty feet (30') from the rear property line.
E. 
Maximum lot coverage.
Fifteen percent (15%) by all structures.
F. 
Hoofed animals.
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep, shall be raised or kept at any one time.
G. 
Small fowl.
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time.
H. 
Incompatible uses.
No livestock pens or other intensive ranching or agricultural uses which are considered incompatible with residential development by virtue of their appearance, noise, odor, or adverse impact on health conditions shall be located closer than one hundred feet (100') to any property line, watercourse or acequia.
I. 
Distance to watercourse.
No outbuilding, guesthouse or single-family dwelling shall be located closer than one hundred feet (100') from any watercourse or acequia.
J. 
Nonresidential uses.
Nonresidential uses, except bed and breakfast inns and boarding houses, shall comply with the following additional development standards:
1. 
One commercial unit per three (3) acres;
2. 
One sign not to exceed four (4) square feet;
3. 
The use is accessed by a public road;
4. 
Adequate, safe and marked access, egress, and ingress is provided; and
5. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
K. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the RA zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
L. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the RA zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The R-1 zone is intended for low density single-family residential areas with a minimum lot size of one acre where municipal water and wastewater services may or may not be allowed.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-1 zone:
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the site;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations;
F. 
The manufactured home unit shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use as set forth in this title and all other applicable town ordinances and regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Single-family dwelling located on a single lot.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the R-1 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence and provided that:
A. 
The guesthouse and principal single-family dwelling are served by municipal or community water and wastewater, or have received a variance for a private well and septic system from the State of New Mexico;
B. 
The residences are not less than twenty feet (20') from each other; and
C. 
All other applicable requirements of this section and this title are met.
Storage of no more than a total of two (2) sports trailers, recreational vehicles, motor homes, trailers and/or campers provided that such units:
A.
Are located within the setback requirements of this zone;
B.
Are not more than thirty feet (30') in length;
C.
Are not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
D.
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E.
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare or right-of-way; and
F.
Are currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-1 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-1 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
Three thousand five hundred (3,500) square feet per guestroom shall be provided on the lot (clarification: minimum lot size shall be 3,500 square feet per guestroom);
B. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
C. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
D. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
E. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
F. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
G. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
H. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Guesthouse used for long term rental.
The following nonresidential uses:
A.
Dance, karate or personal performance studio.
B.
Daycare.
C.
Professional office or service.
D.
Specialty retail, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise.
E.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sale and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the R-1 zone:
A. 
Maximum overall density.
One single-family dwelling, one guesthouse and one nonresidential unit if conditionally or specially permitted per acre with municipal or community water and wastewater or a variance from the State of New Mexico, or one single-family dwelling per acre with a private well and septic system approved by the State of New Mexico.
B. 
Minimum lot size.
One acre.
C. 
Minimum lot width.
One hundred feet (100').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Ten feet (10') from the side property lines; and
3. 
Rear yard: Twenty feet (20') from the rear property line.
E. 
Maximum lot coverage.
Twenty percent (20%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-1 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-1 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The R-2 zone is intended for low density single-family residential areas where municipal water and wastewater services may or may not be supplied.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-2 zone:
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the site;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations (14 NMAC 12.2);
F. 
The manufactured home unit shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use as set forth in this title and in all other applicable town ordinances and regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Single-family dwelling.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted, nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the R-2 zone:
Guesthouse so long as it is used only as an accessory to the primary residence and provided that:
A. 
The guesthouse and principal single-family dwelling are served by municipal or community water and wastewater, or have received a variance for a private well and septic system from the State of New Mexico;
B. 
The residences are not less than twenty feet (20') from each other; and
C. 
All other applicable requirements of this section and this title are met.
Storage of no more than a total of one sports trailer, recreational vehicle, motor home, trailer or camper provided that such unit:
A.
Is located within the setback requirements of this zone;
B.
Is not more than thirty feet (30') in length;
C.
Are not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
D.
Are not permanently connected to any public or private utility system such as water, gas or electricity;
E.
Are parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare or right-of-way; and
F.
Are currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-2 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-2 zone only if a conditional use permit is granted:
A second single-family dwelling provided that:
A.
Both single-family dwellings are served by municipal or community water and wastewater, or have received a variance for a private well and septic system from the State of New Mexico;
B.
The residences are not less than twenty feet (20') from each other; and
C.
All other applicable requirements of this section and this title are met.
Bed and breakfast inn or boarding house, provided that:
A.
Three thousand five hundred (3,500) square feet per guestroom shall be provided on the lot (clarification: minimum lot size shall be 3,500 square feet per guestroom);
B.
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
C.
The manager resides in and occupies the bed and breakfast inn or boarding house;
D.
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
E.
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
F.
The following off-street parking requirements shall be met:
 
1.
One parking space per employee;
 
2.
One marked parking space for each guestroom; and
 
3.
One parking space for the resident manager;
G.
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
H.
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Guesthouse used for long term rental, provided that:
A.
The guesthouse and principal single-family dwelling are served by municipal or community water and wastewater, or have received a variance for a private well and septic system from the State of New Mexico;
B.
The residences are not less than twenty feet (20') from each other; and
C.
All other applicable requirements of this section and this title are met.
The following nonresidential uses:
A.
Professional office or service.
B.
Dance, karate or personal performance studio.
C.
Daycare.
D.
Specialty retail, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise.
E.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sale and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the R-2 zone:
A. 
Maximum overall density.
Two (2) single-family dwelling units and one nonresidential unit if conditionally or specially permitted per acre with municipal or community water and wastewater or a variance from the State of New Mexico, or one single-family dwelling unit per acre with a private well and septic system approved by the State of New Mexico.
B. 
Minimum lot size.
One-half (1/2) acre.
C. 
Minimum lot width.
One hundred feet (100').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Ten feet (10') from the side property lines; and
3. 
Rear yard: Twenty feet (20') from the rear property line.
E. 
Maximum lot coverage.
Twenty percent (20%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-2 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-2 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The R-3 zone is intended for medium density single-family residential areas where municipal water and wastewater services are supplied.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-3 zone:
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the site;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations (14 NMAC 12.2);
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances or regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Single-family dwelling.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the R-3 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence.
Storage of no more than a total of one sports trailer, recreational vehicle, motor home, trailer or camper provided that such unit:
A. 
Is located within the setback requirements of this zone;
B. 
Is not more than thirty feet (30') in length;
C. 
Is not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
D. 
Is not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Is parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare or right-of-way; and
F. 
Is currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-3 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-3 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
Three thousand five hundred (3,500) square feet per guestroom shall be provided on the lot (clarification: minimum lot size shall be 3,500 square feet per guestroom);
B. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
C. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
D. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
E. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
F. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
G. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
H. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Guesthouse used for long term rental.
Manufactured home park, provided that it is developed as a planned unit development according to section 16.16.190 of this chapter.
The following nonresidential uses:
A.
Professional office or service.
B.
Dance, karate or personal performance studio.
C.
Daycare.
D.
Specialty retail, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise.
E.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sale and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the R-3 zone:
A. 
Maximum overall density.
Three (3) single-family dwelling units and one nonresidential unit if conditionally or specially permitted per acre.
B. 
Minimum lot size.
One-third (1/3) acre.
C. 
Minimum lot width.
Eighty feet (80').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Ten feet (10') from the side property lines; and
3. 
Rear yard: Twenty feet (20') from the rear property line.
E. 
Maximum lot coverage.
Forty percent (40%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-3 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-3 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The R-4 zone is intended for single-family and two-family residential areas where municipal water and wastewater services are supplied.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-4 zone:
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the site;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations;
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances or regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Single-family dwelling.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The unit shall not be skirted nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Two-family attached or semiattached residence, such as a duplex, townhouse, condominium or apartment.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the R-4 zone:
Guesthouse, so long as it is used only as an accessory to the primary residence, and is not an accessory to a two-family attached or semiattached residence.
Storage of no more than a total of one sports trailer, recreational vehicle, motor home, trailer or camper, provided that such unit:
A. 
Is located within the setback requirements of this zone;
B. 
Is not more than thirty feet (30') in length;
C. 
Is not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
D. 
Is not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Is parked on the side or rear of the lot and are not parked or situated on any public street, thoroughfare or right-of-way; and
F. 
Is currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-4 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-4 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
Three thousand five hundred (3,500) square feet per guestroom shall be provided on the lot (clarification: minimum lot size shall be 3,500 square feet per guestroom);
B. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
C. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
D. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
E. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
F. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
G. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
H. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Guesthouse used for long term rental, so long as it is used only as an accessory to a primary single-family residence, and is not an accessory to a two-family attached or semiattached residence.
Manufactured home park, provided that it is developed as a planned unit development according to section 16.16.190 of this chapter.
The following nonresidential uses:
A.
Professional office or service.
B.
Dance, karate or personal performance studio.
C.
Daycare.
D.
Specialty retail, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise.
E.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sale and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the R-4 zone:
A. 
Maximum overall density.
Four (4) dwelling units and one nonresidential unit if conditionally or specially permitted per acre.
B. 
Minimum lot size.
One-fourth (1/4) acre.
C. 
Minimum lot width.
Eighty feet (80').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Ten feet (10') from the side property lines; and
3. 
Rear yard: Twenty feet (20') from the rear property line.
E. 
Maximum lot coverage.
Forty percent (40%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-4 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-4 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The R-6 zone is intended for moderately high density single-family and multi-family residential areas where municipal water and wastewater services are supplied.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-6 zone:
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Manufactured homes on individual lots, provided that:
A. 
The manufactured home is the core unit of a single-family residence;
B. 
The manufactured home is modified in appearance to conform to neighborhood buildings;
C. 
The axle and tongue of the unit are removed, and such modifications are completed within six (6) months of placement of the manufactured home on the site;
D. 
The construction of the manufactured home shall comply with the Department of Housing and Urban Development’s National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended from time to time;
E. 
The installation, tie-down, hook-up and the like of the manufactured home shall comply with the State of New Mexico manufactured housing division rules and regulations;
F. 
The manufactured home shall be anchored to a concrete foundation and shall be skirted;
G. 
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and in all other applicable town ordinances and regulations shall apply; and
H. 
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Multi-family residence, such as a triplex, townhouse, condominium or apartment.
Single-family dwelling.
Temporary manufactured home or other temporary prefabricated dwelling used as residence during construction of a permanent residence, provided that:
A.
The temporary residential use does not exceed six (6) months;
B.
The manufactured home shall not be skirted, nor shall the wheels, axle or tongue be removed;
C.
Rental or lease is prohibited;
D.
Minimum requirements for lot size, front, side and rear yard setbacks, and all other standards pertaining to single-family residential land use set forth in this title and all other applicable town ordinances and regulations shall apply; and
E.
The application procedure outlined in section 16.12.040.4 of this title is followed. The penalty provisions of section 16.04.120 of this title shall apply to the owner of a manufactured home and/or to any person engaged in transporting and/or installing a manufactured home in violation of section 16.12.040.4 of this title.
Two-family attached or semiattached residence, such as a duplex, townhouse, condominium or apartment.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the R-6 zone:
Storage no more than a total of one operational sports trailer, recreational vehicle, motor home, trailer or camper, provided that such a unit:
A. 
Is located within the setback requirements of this zone;
B. 
Is not more than thirty feet (30') in length;
C. 
Is not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
D. 
Is not permanently connected to any public or private utility system such as water, gas or electricity;
E. 
Is parked on the side or rear of the lot and is not parked or situated on any public street, thoroughfare or right-of-way; and
F. 
Is currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-6 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the R-6 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
Three thousand five hundred (3,500) square feet per guestroom shall be provided on the lot (clarification: minimum lot size shall be 3,500 square feet per guestroom);
B. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
C. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
D. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
E. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
F. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
G. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
H. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Manufactured home park, provided that it is developed as a planned unit development according to section 16.16.190 of this chapter.
The following nonresidential uses:
A.
Professional office or service.
B.
Dance, karate or personal performance studio.
C.
Daycare.
D.
Specialty retail, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise.
E.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sale and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the R-6 zone:
A. 
Maximum overall density.
Six (6) dwelling units and one nonresidential unit if conditionally or specially permitted per acre.
B. 
Minimum lot size.
Six thousand (6,000) square feet.
C. 
Minimum lot width.
Fifty feet (50').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Seven feet (7') from the side property lines; and
3. 
Rear yard: Ten feet (10') from the rear property line.
E. 
Maximum lot coverage.
Fifty percent (50%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-6 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-6 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 10-25 adopted 2010)
The R-14 zone is intended for multi-family dwelling units in essentially residential urban areas where municipal water and wastewater services are supplied. Mixed use is encouraged in the R-14 zone.
(Ordinance 14-03 adopted 2014)
The following uses shall be permitted in the R-14 zone:
Multi-family residence, such as a triplex, townhouse, condominium or apartment.
Personal service retail establishments, excluding commercial parking lot, dry cleaning, health spa or fitness club, kennel, photo processing, and personal storage.
Professional office or service.
Single-family dwelling.
Specialty retail establishment, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise that operate during the hours between seven o’clock (7:00) a.m. and seven o’clock (7:00) p.m. and are compatible and complementary in scale and appearance with the residential environment.
Two-family attached or semiattached residence, such as a duplex, townhouse, condominium or apartment.
Other commercial uses that are compatible and complementary in scale and appearance with the residential environment and provide business services and office facilities to residents of the neighborhood, but excluding appliance stores, automobile/pleasure craft dealership, large equipment sale and rental, machine shop, handicraft manufacturing, manufactured homes sales and service, package liquor, pet sales/grooming/obedience, pharmaceuticals/drugstores.
(Ordinance 14-03 adopted 2014)
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Storage of no more than a total of one operational sports trailer, recreational vehicle, motor home, trailer or camper, provided that:
A. 
The density of the lot does not exceed a total of six (6) units per acre, in which case, a variance is required;
B. 
Such a unit is located within the setback requirements of this zone;
C. 
Such a unit is not more than thirty feet (30') in length;
D. 
Such a unit is not used for human habitation, while parked, for more than two (2) weeks in a calendar year;
E. 
Such a unit is not permanently connected to any public or private utility system such as water, gas or electricity;
F. 
Such a unit is parked on the side or rear of the lot and is not parked or situated on any public street, thoroughfare or right-of-way; and
G. 
Such a unit is currently licensed and registered as required by the State of New Mexico.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business, other than a business permitted in the R-14 zone.
(Ordinance 14-03 adopted 2014)
The following uses shall be permitted in the R-14 zone only if a conditional use permit is granted:
Bed and breakfast inn or boarding house, provided that:
A. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
B. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
C. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
D. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
E. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
F. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
G. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Convenience or small grocery store without fuel sales.
Eating/drinking establishment, excluding bar/lounge, drive-in restaurant and club.
Specialty retail establishment, such as artist galleries, artist studios, delicatessens, meat and fish markets, bakeries, fruits and vegetables, desserts, and other specialty foods, specialty apparel and other specialty merchandise which operate outside the hours between seven o’clock (7:00) a.m. and seven o’clock (7:00) p.m. and are deemed not compatible and complementary in scale and appearance with the residential environment by the code administrator.
(Ordinance 14-03 adopted 2014)
In addition to the special uses listed in section 16.16.210 of this chapter, higher dwelling unit density than fourteen (14) units per acre shall be allowed in the R-14 zone and higher dwelling unit density than twenty-nine (29) dwelling units per acre in the central business district (CBD) zone in order to provide affordable housing in these zones, with the condition that all setbacks, lot coverage and performance standards (including parking) are followed. The minimum lot size shall be waived for developments which have been approved for higher density in the R-14 zone. Higher dwelling unit density than fourteen (14) units in the R-14 and twenty-nine (29) dwelling units in the CBD zones require a special use permit, a site development plan containing the elements required in section 16.20.080 of this title, and any other information required by the code administrator. The application procedure shall follow section 16.12.040.5 of this title. To be considered an affordable housing development the project must be participating in a public affordable housing program such as the town affordable housing program, New Mexico mortgage finance authority’s low income housing tax credit program, or USDA rural housing.
(Ordinance 10-25 adopted 2010)
The following development standards shall apply to all property in the R-14 zone:
A. 
Maximum overall density.
Fourteen (14) dwelling units without density bonuses or a special use permit for higher density and one nonresidential unit if conditionally or specially permitted per acre.
B. 
Minimum lot size.
Seven thousand (7,000) square feet.
C. 
Minimum lot width.
Fifty feet (50').
D. 
Minimum setback requirements.
1. 
Front yard: Twenty feet (20') from the front property line;
2. 
Side yards: Seven feet (7') from the side property lines; and
3. 
Rear yard: Ten feet (10') from the rear property line.
E. 
Maximum lot coverage.
Fifty percent (50%) by all structures.
F. 
Nonresidential development.
Nonresidential development, except bed and breakfast inns or boarding houses, shall comply with the following additional development standards:
1. 
No more than three (3) employees;
2. 
No outdoor exhibition or storage of stock;
3. 
Only one sign, not to exceed four (4) square feet;
4. 
The use is accessed by a public road;
5. 
Adequate, safe and marked access, egress and ingress is provided; and
6. 
Parking required in section 16.20.040 of this title is provided within the setback requirements of this zone.
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the R-14 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the R-14 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 10-25 adopted 2010)
The C-1 zone is intended for neighborhood oriented, small scale commercial uses primarily to supply convenient goods and services to the residents of the neighborhood areas in which the C-1 zone is located. Mixed use is encouraged in the C-1 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the C-1 zone:
Dry cleaning establishment, provided that:
A. 
Inflammable or combustible materials shall not be used in any cleaning process;
B. 
All activities shall be conducted within a completely enclosed building;
C. 
No outdoor storage;
D. 
Such establishment shall be operated principally as a retail business; and
E. 
That portion of the building in which any cleaning process shall be undertaken shall be at least fifty feet (50') from any building in a residential zone.
Eating/drinking establishments, excluding bar/lounge and clubs.
Family amusement or entertainment establishments, excluding go-cart/carnival/thrill rides.
General merchandise retail, excluding department stores, discount stores, supermarkets, and pawnshops.
Golf course/driving range.
Home occupation, provided that all conditions of section 16.20.070 of this title are met.
Personal service retail establishments, excluding daycare, photography studios and personal storage. Motor vehicle service and repair establishments/car wash and fuel sales, including filling stations and repair garages, and retail sale of vehicle fuels for consumption but not for resale, are permitted, provided that:
A.
Any tube or tire repairing, battery charging or the like shall be conducted within a completely enclosed building;
B.
No outdoor storage of any kind; and
C.
If any lubricating or washing is done outside a building, a solid wall or fence or a compact evergreen hedge six feet (6') high shall be maintained between such activity and any abutting or contiguous residential zone, and such activity shall be located at least one hundred feet (100') from a residential zone.
Professional office or service. Veterinary establishments are allowed, provided that all animals are kept inside buildings.
Specialty retail establishments, excluding automobile/pleasure craft dealership, large equipment sale and rental, machine shop, manufactured home sales and service, and package liquor sales.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
A. 
Uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the C-1 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the C-1 zone only if a conditional use permit is granted:
Bed and breakfast inns and boarding houses, provided that:
A. 
Not more than five (5) rooms are available for guest lodging, and this limitation may not be increased by variance;
B. 
The manager resides in and occupies the bed and breakfast inn or boarding house;
C. 
Provision of food and meals shall meet all applicable state and local regulations and shall be served only to guests of the bed and breakfast inn or boarding house;
D. 
All applicable codes shall be met, including, but not limited to, fire code, building code and this title;
E. 
The following off-street parking requirements shall be met:
1. 
One parking space per employee;
2. 
One marked parking space for each guestroom; and
3. 
One parking space for the resident manager;
F. 
Only one sign, not to exceed four (4) square feet, that may be externally illuminated; and
G. 
Landscaping and all other applicable performance standards of this title and any other applicable town ordinance or regulation shall be met.
Club.
Daycare.
Hotel, motel or cabins.
Multi-family residence, such as a triplex, townhouse, condominium or apartment with no more than one sign of a total area of four (4) square feet.
Personal storage.
Recreational uses excluding golf course/driving range.
Single-family dwelling.
Two-family attached or semiattached residence, such as a duplex, townhouse, condominium or apartment.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the C-1 zone:
A. 
Maximum overall density.
Fourteen (14) dwelling units per acre with a conditional use permit for two-family attached, semiattached or multi-family residence.
B. 
Minimum lot size.
Seven thousand (7,000) square feet.
C. 
Minimum lot width.
Seventy feet (70').
D. 
Minimum setback requirements.
1. 
When a lot in the C-1 zone is developed with a single-family or two-family dwelling, the setback requirements of the R-6 zone shall apply; and
2. 
When a lot in the C-1 zone is developed with multi-family dwellings or a commercial use, the setback requirements shall be:
a. 
Front yard: Ten feet (10') landscaped in accordance with the provisions of the landscaping ordinance;
b. 
Side yards: Zero feet (0');
c. 
Rear yard: Zero feet (0');
d. 
Residential zone: If the rear or side property line abuts a residential zone the setback shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot measured from the front to the rear property lines for a rear yard setback, or measured from the side property lines for a side yard setback. The setback shall be used to screen the residential zone from commercial activity through the use of landscaping in accordance with the provisions of the landscaping ordinances. The setback may be used to meet the requirements of the town storm drainage ordinance.
E. 
Maximum lot coverage.
Fifty percent (50%) by all structures.
F. 
Off-street loading.
Any use in the C-1 zone requiring loading space for normal operations shall provide adequate loading space at the rear of the building, so that no vehicle being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, walk, alley or way.
G. 
Trailers.
Trailers which are unattended and not attached to a vehicle shall not be located in any parking lot within the C-1 zone.
H. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the C-1 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
I. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the C-1 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 10-25 adopted 2010)
The C-2 zone is intended for general commercial uses and services along streets carrying large volumes of traffic where a commercial use characteristically already exists. The primary purpose of the zone is to provide for sale of goods and services to local residents, visitors and tourists alike.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the C-2 zone:
Any use permitted in the C-1 zone.
Eating/drinking establishments.
Family amusement/entertainment, excluding go-carts/carnival/thrill rides.
General merchandise retail.
Lodging establishments, excluding bed and breakfast inn or boarding house.
Personal service retail establishments, excluding daycare and personal storage. Motor vehicle service and repair establishments/car wash and fuel sales, including filling stations and repair garages, and retail sale of vehicle fuels for consumption but not for resale, are permitted, provided that:
A. 
Any tube or tire repairing, battery charging or the like shall be conducted within a completely enclosed building;
B. 
No outdoor storage of any kind; and
C. 
If any lubricating or washing is done outside a building, a solid wall or fence or a compact evergreen hedge six feet (6') high shall be maintained between such activity and any abutting or contiguous residential zone, and such activity shall be located at least one hundred feet (100') from such zones.
Professional office or service. Veterinary establishments are allowed, provided that all animals are kept inside buildings.
Specialty retail establishments.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the C-2 zone:
Uses customarily accessory, clearly incidental and subordinate to the permitted principal uses and structures which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the C-2 zone.
(Ordinance 99-05 adopted 1999; Ordinance adopted 03-07 adopted 2003)
The following conditional uses shall be permitted in the C-2 zone only if a conditional use permit is granted:
Daycare.
Go-carts/carnival/thrill rides, provided that each such amusement facility is located on property which is not less than one thousand feet (1,000') from the property of any adult entertainment use, school, church, nursery or daycare facility, public park, recreational facility, residential zone district, and/or a liquor establishment. Measurement shall be from:
A.
The closest point on the property line of the property on which the amusement facility use is located;
B.
The closest point on the property line of the property from which the amusement facility must be separated; and
C.
The closest point on the residential zone boundary from which the amusement facility must be separated.
Multi-family residence, such as a triplex, townhouse, condominium or apartment, provided they are incorporated into a planned unit development.
Personal storage.
Single-family dwelling.
Two-family attached or semiattached residence, such as a duplex, townhouse, condominium or apartment, provided they are incorporated into a planned unit development.
Wholesaling or distribution operation.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the C-2 zone:
A. 
Maximum overall density.
Fourteen (14) dwelling units per acre with a conditional use permit for two-family attached, semiattached or multi-family residence.
B. 
Minimum lot size.
Seven thousand (7,000) square feet.
C. 
Minimum lot width.
Seventy feet (70').
D. 
Minimum setback requirements.
1. 
Front yard: Ten feet (10') landscaped in accordance with the provisions of the landscaping ordinance;
2. 
Side yards: Zero feet (0');
3. 
Rear yard: Zero feet (0');
4. 
Residential zone: If the rear or side property line abuts a residential zone, the setback shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot measured from the front to the rear property lines for a rear yard setback, or measured from the side property lines for a side yard setback. The setback shall be used to screen the residential zone from commercial activity through the use of landscaping in accordance with the provisions of the landscaping ordinances. The setback may be used to meet the requirements of the town storm drainage ordinance.
E. 
Maximum lot coverage.
Sixty percent (60%) by all structures.
F. 
Off-street loading.
Any use in the C-2 zone requiring loading space for normal operations shall provide adequate loading space at the rear of the building, so that no vehicle being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, walk, alley, or way.
G. 
Trailers.
Trailers which are unattended and not attached to a vehicle shall not be located in any parking lot within the C-2 zone.
H. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the C-2 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
I. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the C-2 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 10-25 adopted 2010)
The CBD zone forms the community’s center for commercial, historic, financial, professional, governmental, civic, religious, and cultural activities. The purpose of the CBD zone is to protect, enhance and improve the central business district for the efficient performance of its primary functions, including residential usage.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-01 adopted 2004)
The following uses shall be permitted in the CBD zone:
Eating or drinking establishments, excluding clubs.
General merchandise retail, excluding convenience or small grocery store with fuel sales, department store, and discount store.
Home occupations provided that all conditions of section 16.20.070 of this title are met.
Lodging establishments.
Personal service retail establishments excluding daycare, laundry, motor vehicle service and repair establishment/car wash or fuel sales, and personal storage.
Professional office or service. Veterinary establishments are allowed, provided that all animals are kept inside buildings.
Single-family, two-family and multi-family dwellings, including apartments, condominiums, and townhouses.
Specialty retail establishments excluding businesses which require exterior inventory storage for automobile/pleasure craft dealerships, large equipment sales and rentals, manufactured home sales, and construction materials.
Theaters.
Wholesaling operation, provided that no manufacturing or storage for distribution shall be permitted on the premises.
(Ordinance 10-25 adopted 2010)
The following accessory uses shall be permitted in the CBD zone:
Exterior inventory storage of plants for sale to the general public is permitted as an accessory use.
Guesthouse, as an accessory use to a single-family residence.
Sidewalk sales and dining are permitted provided the business maintains thirty-six inches (36") of continuous clear passage for pedestrians.
Uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the CBD zone.
(Ordinance 10-25 adopted 2010)
The following uses shall be permitted in the CBD zone only if a conditional use permit is granted:
Club.
Convenience or small grocery store with fuel sales at two (2) or more gasoline pumps.
Daycare.
Department store/discount store.
Guesthouse used for long term rental.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-01 adopted 2004)
The following development standards shall apply to all property in the CBD zone:
A. 
Maximum overall density.
Twenty-nine (29) dwelling units per acre without density bonuses from an approved planned unit development (PUD), section 16.16.190 of this chapter, or a special use permit for higher density.
B. 
Minimum lot size.
One thousand five hundred (1,500) square feet.
C. 
Off-street loading.
Any use in the CBD zone requiring loading space for normal operations shall provide adequate loading space, so that no vehicles being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, walk, alley, or way.
D. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the CBD zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
E. 
Minimum lot width.
Twenty feet (20').
F. 
Minimum setback requirements.
1. 
When a lot in the CBD zone is developed with a residential use up to a triplex, the setback requirements are as follows:
a. 
Front yard: Ten feet (10') or in keeping with the setback of the adjoining parcels.
b. 
Side yard: Seven feet (7') or a minimum of ten feet (10') between buildings on adjoining lots, whichever is less.
c. 
Rear yard: Ten feet (10'), note that one-half (1/2) of the width of any alleyway may be counted toward the rear setback.
2. 
All commercial development within the CBD including multi-family housing, may be constructed to the lot line and no setbacks are required. However, construction of a commercial building on a property that shares a side property line or lines with a residential use (single-family to triplex) or zone shall have a front yard setback in keeping with the adjoining residential use and a side yard setback of five feet (5') from the side or sides shared with a residential use or zone. The side yard setback shall be used to screen the residential use from commercial activity through the use of landscaping in accordance with the provisions of the landscaping ordinances. The setback may be used to meet the requirements of the town storm drainage ordinance.
3. 
The planning and zoning commission may grant variances to the above minimum width and setback requirements after careful consideration of existing adjacent properties and uses in the immediately surrounding CBD neighborhood.
G. 
Maximum lot coverage.
Up to one hundred percent (100%) by all structures provided that it receives approval from the code administrator specifically regarding the ability of emergency services ability to access the property.
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the CBD zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
I. 
Historic overlay zone.
Properties within the central business district that are also within the historic overlay zone shall also comply with section 16.16.220 of this chapter.
(Ordinance 10-25 adopted 2010)
The HCPD zone governs development of commercial uses and services along the major roads leading in and out of the town which are utilized for the sale of goods and services. The purpose of the HCPD zone regulations is to encourage safe and orderly development in a manner which retains the architectural styles of the Taos Valley.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the HCPD zone:
Any use specifically listed as a permitted use in the C-1, C-2, or CBD zones, excluding manufactured home sales and service and single-family, two-family and multi-family dwellings.
Handicrafts manufacturing with no more than five (5) employees, provided that related production can be conducted within the confines of a structure or enclosed yard.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the HCPD zone:
Uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the HCPD zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following uses shall be permitted in the HCPD zone only if a conditional use permit is granted:
Any use specifically listed as a conditional use in the C-1, C-2, or CBD zones, excluding guesthouses and go-carts/carnival/thrill rides.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following development standards shall apply to all property in the HCPD zone:
A. 
Minimum lot size.
Seven thousand (7,000) square feet;
B. 
Minimum lot width.
Seventy feet (70');
C. 
Minimum setback requirements.
1. 
Front yard: Ten feet (10') from the front property line landscaped in accordance with the provisions of the landscaping ordinance;
2. 
Side yards: Zero feet (0');
3. 
Rear yard: Zero feet (0');
4. 
Residential zone: If the rear or side property line abuts a residential zone the setback shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot measured from the front to the rear property lines for a rear yard setback, or measured from the side property lines for a side yard setback. The setback shall be used to screen the residential zone from commercial activity through the use of landscaping in accordance with the provisions of the landscaping ordinances. The setback may be used to meet the requirements of the town storm drainage ordinance;
D. 
Maximum lot coverage.
Sixty percent (60%) by all structures;
E. 
Off-street loading.
Any use in the HCPD zone requiring loading space for normal operations shall provide adequate loading space at the rear of the building, so that no vehicle being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, walk, alley, or way;
F. 
Trailers.
Trailers which are unattended and not attached to a vehicle shall not be located in any parking lot within the HCPD zone;
G. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the HCPD zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation; and
H. 
Planned unit development standards.
In addition to all other requirements of this title, if a planned unit development is proposed in the HCPD zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 10-25 adopted 2010)
The M-1 zone is intended for light manufacturing, processing, storage, warehousing, distribution and commercial uses which do not in their maintenance, assembly, manufacture or plant operation create smoke, gas, odor, dust, sound, vibration, soot or lighting to any degree which might be termed obnoxious or offensive to persons residing in any contiguous zone or conducting business in either this or any other zone of the town.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 09-19 adopted 2009)
The following uses shall be permitted in the M-1 zone:
Any use permitted in the C-1, C-2, and CBD zones, excluding single-family, two-family and multi-family dwellings.
Club.
Light manufacturing or processing.
Warehousing or storage buildings, including outdoor storage lots and yards, provided they are enclosed by walls or fences six feet (6') in height, with access only through gates which shall be kept closed when not in use.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following accessory uses shall be permitted in the M-1 zone:
Uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of any business, other than a business permitted in the M-1 zone.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
Adult entertainment uses, excluding adult drive-in theaters, which are specifically prohibited, provided that each such adult use is located on property which is not less than one thousand feet (1,000') from the property of any other adult entertainment use, school, church, daycare, public park, indoor or outdoor recreational facility, residential zone, and/or establishment which sells or serves liquor. Measurement shall be from:
A. 
The closest point on the property line of the property on which the adult entertainment use is located;
B. 
The closest point on the property line of the property from which the adult entertainment use must be separated; and
C. 
The closest point on the residential zone boundary from which the adult entertainment use must be separated.
Automobile salvage or junk yards, provided a solid wall or fence or a compact evergreen hedge six feet (6') high shall be maintained between such activity and any abutting or contiguous residential zone or public right-of-way, and such activity shall be located at least one hundred feet (100') from a residential zone.
Daycare.
Flea markets, provided that:
A.
A site development plan shall be submitted along with an application for conditional use permit showing:
 
1.
Vehicular access and traffic flow;
 
2.
Location and number of all off-street parking spaces;
 
3.
Location and number of all chemical toilets or bathrooms;
 
4.
Location and number of all display/sales stations;
 
5.
Location of all structures and utilities on the property;
 
6.
Location and use of all adjoining properties; and
 
7.
Location of all property lines;
B.
The operator of the flea market shall obtain all required licenses from the town;
C.
The flea market shall be operated in a neat, clean and orderly manner;
D.
Not less than one 30-gallon garbage can shall be provided per six (6) display/sales stations. The flea market operator shall be responsible for properly disposing of trash on at least a daily basis;
E.
Not less than one hundred (100) square feet in a generally square shape shall be allocated per display/sale station;
F.
Except for one sign not to exceed four (4) square feet at each display/sales station, no vendor at the flea market may place a sign on the property on which the flea market is located. The entire flea market may advertise itself generally, in one sign on-site which complies with all applicable requirements of this title;
G.
One chemical toilet or bathroom shall be provided for every twenty (20) display/sales stations at the flea market; and
H.
All applicable fees shall be paid and all other applicable requirements of this title and all other town ordinances and regulations shall be met.
Go-carts/carnival/thrill rides, provided that each such amusement facility is located on property which is not less than one thousand feet (1,000') from the property of any adult entertainment use, school, church, daycare, public park, indoor or outdoor recreational facility, residential zone, and/or establishment which sells or serves liquor. Measurement shall be from:
A.
The closest point on the property line of the property on which the amusement facility use is located;
B.
The closest point on the property line of the property from which the amusement facility must be separated; and
C.
The closest point on the residential zone boundary from which the amusement facility must be separated.
One single-family dwelling on any lot in the zone, provided that the dwelling is an accessory use and shall be used only by the owner or lessee of the lot on which the dwelling is erected or is to be erected, or by an employee of the owner or lessee, and the dwelling is to be used only in conjunction with a commercial use permitted under the terms of this section.
Outdoor permanent or temporary displays of merchandise.
Truck transportation terminals.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The following standards shall apply to all property in the M-1 zone:
A. 
Minimum lot size.
Ten thousand (10,000) square feet.
B. 
Minimum lot width.
One hundred feet (100').
C. 
Minimum setback requirements.
1. 
Front yard: Thirty-five feet (35') from the front property line, as follows:
a. 
The front eight feet (8') of the lot shall be landscaped in accordance with the provisions of the landscaping ordinance; and
b. 
The next twenty-seven feet (27') may be used to meet requirements of the town storm drainage ordinance;
2. 
Side yards: Ten feet (10') from the side property lines; except if the property abuts a residential zone, in which case, a minimum side yard setback of twenty-five feet (25') is required;
3. 
Rear yard: Twenty feet (20') from the rear property line, except if the rear lot abuts a residential zone, in which case, a minimum rear yard setback of not less than twenty-five feet (25') or twenty percent (20%) of the depth of the lot measured from the front lot line to the rear lot line, whichever is less.
D. 
Off-street loading.
Any use in the M-1 zone requiring loading space for normal operations shall provide adequate loading space at the rear of the building, so that no vehicle being loaded or unloaded in connection with normal operations shall stand in, or project into, any public street, walk, alley or way.
E. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the M-1 zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
F. 
Planned unit development.
In addition to all other requirements of this title, if a planned unit development is proposed in the M-1 zone, then such a planned unit development shall meet or exceed all planned unit development standards set out in section 16.16.190 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
A. 
The RHL overlay zone is intended to preserve the historical characteristics of the land that has been used for small scale agriculture, especially irrigated agriculture, and the related social, cultural, and environmental values associated with that land.
B. 
The RHL overlay zone is intended to achieve the following more specific purposes:
1. 
Protect the identified historic resources of the largely undeveloped areas in order to contribute to the overall historic nature of the town;
2. 
Encourage creative and flexible site design that is sensitive to the land’s natural features and adapts to the natural topography;
3. 
Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features, and agricultural lands;
4. 
Promote the conservation and efficiency of the water resources for sustained and beneficial use and maintain the viability and health of the historic acequia system;
5. 
Minimize and reduce potential contamination of underground and surfaces water supplies from the proliferation of septic systems associated with new development;
6. 
Protect the agricultural uses from the negative impacts of development and from uses that are not compatible with irrigated agriculture;
7. 
Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets;
8. 
Facilitate a sense of community and reduce the need for vehicle trips by having residential and nonresidential uses within walking distance of each other;
9. 
Provide opportunities for social interaction and walking and hiking in open space areas; and
10. 
Provide for and protect the community’s health, safety and welfare.
(Ordinance 09-27 adopted 2009)
A. 
All the land within the RHL overlay zone is separated into the following areas:
1. 
Buildable area.
The buildable area is a consolidated and contiguous land area that may be used for buildings and associated development purposes. The purpose of the buildable area is to provide housing and accessory structures associated with agricultural uses such as parking, greenhouse, garage for farm equipment, corral, barn or other similar uses and structures on a portion of irrigated agricultural land lots.
2. 
Conservation area.
The conservation area is a consolidated and contiguous land area set aside as permanent open space or agricultural land. The purpose of the conservation area is to retain land in productive agricultural uses, encourage locally grown produce and livestock, protect the historic culture of the community, and provide economic stability for future generations.
B. 
The maximum size of the buildable area for lots existing as of the effective date of this section is set forth in the following table:
Size of Lot
Percentage of Lot Defined as Buildable Area
Less than 1.0 acre
Not applicable
1.0 to 5.99 acres
30
More than 6.0 acres
25
C. 
The size of the conservation area is determined by subtracting the size of the buildable area from the size of the total land lot.
D. 
Only one buildable area is allowed on a lot or parcel.
E. 
The buildable area shall be defined and mapped based on a balancing of the following criteria:
1. 
The area has already been disturbed:
2. 
The area is nonirrigated or the driest portion of the lot or parcel;
3. 
The area does not contain the primary historical resources on the lot or parcel; and
4. 
The area has good access to a public road and to existing utilities systems in order to minimize disturbance of the land and reduce development costs.
F. 
The conservation area shall be defined and mapped based on maximizing and balancing the protection of the following features:
1. 
Historic agricultural structures, such as barns and corrals;
2. 
Cultural features and archaeological sites;
3. 
Acequias;
4. 
Arroyos;
5. 
Agricultural lands;
6. 
Wetlands;
7. 
Floodplains;
8. 
Creeks and rivers;
9. 
Riparian buffers;
10. 
Well protection areas (public wells);
11. 
Habitats and habitat corridors; and
12. 
Natural drainage areas.
G. 
The conservation area shall be defined and mapped based on the following principles:
1. 
The conservation area should maximize common boundaries with other conservation or open space areas;
2. 
The conservation area should maximize trail connections;
3. 
No single area of a conservation area shall be less than one hundred feet (100') in its smallest dimension;
4. 
The boundaries of the conservation area should be marked by natural features wherever possible; and
5. 
If marking boundaries of the conservation area by natural features is not possible, landscaping or fences should be used to distinguish the conservation area from other uses.
H. 
This section 16.16.180 shall be made initially applicable to a lot or parcel only with the concurrence of the landowner. Upon a rezoning to the RHL overlay zone, no development is allowed until the lot or parcel is divided into a building area and a conservation area, and the map of such division is approved by the commission.
I. 
This section 16.16.180 shall be made initially applicable to a lot or parcel only with the concurrence of the landowner. Upon a rezoning to the RHL overlay zone, no subdivision or other division of land is allowed until the lot or parcel is divided into a building area and a conservation area, and the map of such division is approved by the commission.
(Ordinance 09-27 adopted 2009)
A. 
The permitted principal uses in the development area within an RHL overlay zone are the same as for the underlying zone and may also include the following uses if not permitted in the underlying zone:
Arts and cultural uses. Uses that are commercial ventures that connect artists to markets and consumers. They create, produce and market cultural goods and services. Cultural enterprises operate in performing arts, museums, music, literature, publishing, film, folk art, architecture and creative tourism and consists of the production and sale of arts and crafts, the presentation of music or theater, and similar arts and cultural activities. The on-site production of goods by hand manufacturing, involving the use of hand tools and small scale, light mechanical equipment with electric motors that do not exceed five (5) horsepower is allowed.
B. 
The following principal uses shall be permitted in the conservation area:
Agriculture and ranching.
Farms and ranches.
Liquid waste disposal systems required for development in the buildable area.
Natural stormwater detention and/or retention areas, including areas to serve development in the buildable area.
(Ordinance 09-27 adopted 2009)
A. 
The permitted accessory uses in the development area within an RHL overlay zone are the same as for the underlying zone.
B. 
The following accessory uses shall be permitted in the conservation area:
Temporary roadside stands offering, for sale only, farm products which are produced upon the property, provided such stands shall be removed during any period when they are not in use.
Other uses customarily accessory, clearly incidental and subordinate to the permitted principal uses which are located on the same lot or parcel and do not involve the conduct of a business other than a business permitted in the conservation area within the RHL overlay zone.
(Ordinance 09-27 adopted 2009)
A. 
The conditional uses in the development area within an RHL overlay zone are the same as for the underlying zone.
B. 
The following uses shall be permitted in the conservation area only if a conditional use permit is granted and provided that they are reviewed for compliance with title 15, chapter 15.24, “Storm Drainage”, of this code:
Outdoor plant nursery.
Park.
Recreational uses without permanent structures.
Riding stables on no less than five (5) acres of land.
Wildlife sanctuary, woodland preserve, or arboretum.
(Ordinance 09-27 adopted 2009)
A. 
The development standards in the development area within an RHL overlay zone are the same as for the underlying zone with the exception that the maximum overall density, either by number of residential units or by nonresidential lot coverage, in the underlying zone may be increased by twenty-five percent (25%) provided a site development plan containing the elements required in section 16.20.080 of this title, and any other information required by the code administrator, is submitted.
B. 
The following development standards shall apply to all property in the conservation area within an RHL overlay zone:
1. 
Minimum overall density.
Not applicable.
2. 
Minimum lot size.
Not applicable.
3. 
Minimum lot width.
Not applicable.
4. 
Minimum setback requirements.
a. 
Front yard: Not applicable.
b. 
Side yards: Not applicable.
c. 
Rear yards: Not applicable.
5. 
Maximum lot coverage.
Not applicable.
6. 
Hoofed animals.
No more than two (2) hoofed animals per acre, including, but not limited to, cattle, horses, swine and sheep, shall be raised or kept at any one time.
7. 
Small fowl.
No more than twenty (20) small fowl per acre, including, but not limited to, chickens and turkeys, shall be raised or kept at any one time.
8. 
Incompatible uses.
No livestock pens or other intensive ranching or agricultural uses which are considered incompatible with residential development by virtue of their appearance, noise, odor, or adverse impact on health conditions shall be located closer than one hundred feet (100') to any property line, watercourse or acequia.
9. 
Distance to watercourse.
No building shall be located closer than one hundred feet (100') from any watercourse.
10. 
Distance to acequia.
No building or fencing shall be located closer than fifteen feet (15') from any acequia.
11. 
Performance standards.
All development, erection of structures, use of property, alteration of structures or land, or other matters occurring within the RHL overlay zone governed by this title shall meet or exceed all applicable performance standards and criteria as set forth in this title and any other applicable town ordinance or regulation.
12. 
Development plan.
No application to develop land within the conservation area of an RHL overlay zone shall be approved unless a site development plan, containing the elements required in section 16.20.080 of this title and a map showing the boundaries of the buildable area and conservation area, the applicable acequia association is notified of the development, and the site plan is approved by the planning commission prior to the issuance of any building, grading or other permit authorizing disturbance of the land.
13. 
Enforceable restrictions.
The property owner shall provide a recorded deed restriction enforceable by the town designating the conservation area as in compliance with the provisions of the RHL overlay zone, or a recorded conservation easement on the agriculture area to a nonprofit conservation organization.
(Ordinance 09-27 adopted 2009)
The planned unit development overlay zone may be utilized in any zone in the town, except the ARO, RA-20 and RA-10 zones, in order to cause integrated development of one or more lots which are designed and planned as a unit. Only permitted uses for the underlying zone or zones are permitted in the planned unit development. The planning and zoning commission may allow relief from the rigid standards of conventional zoning provided that projects demonstrate innovative land use design and solutions, that contribute to the overall character of Taos and which do not adversely affect health, safety, welfare and aesthetic sensibilities of the community. The planned unit development procedure is designed to permit innovative solutions to site planning, architecture and infrastructure by encouraging to the greatest extent possible:
A. 
Creativity in the grouping of buildings and structures through clustering for the maximization and preservation of open space, consolidation of infrastructure and providing a sense of community;
B. 
Variety and mixture of housing types to accommodate households of all ages, sizes and incomes;
C. 
Creative combinations of compatible residential, commercial, industrial, civic, and open space uses either in close proximity to one another or within a single structure;
D. 
Flexibility in the location, preservation, and use of usable open space, natural resource areas and agricultural lands;
E. 
Preservation of the natural topography;
F. 
Architectural and landscape design that is compatible with adjacent lands and traditional styles;
G. 
Integrated circulation system that provides safe and efficient mobility for motorists, mass transit, bicyclists and pedestrians;
H. 
Community and/or shared infrastructure systems; and
I. 
Land use that is consistent with the policies of the town.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004; Ordinance 09-19 adopted 2009)
The PUD overlay zone allows alternative standards of development for new development, redevelopment and infill development. Except as provided in section 16.16.190.1 of this chapter, a planned unit development may be submitted for any zone or zones and shall have the effect of overlaying the underlying zone or zones.
(Ordinance 04-06 adopted 2004)
Permitted uses, conditional uses, special uses and accessory uses shall be the same as for the existing zone or zones on which the PUD is overlaid. A planned unit development which will contain uses not permitted in the zone or zones in which it is to be located will require a change of zoning request for the underlying zone or zones.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
A. 
Standards enumerated.
The following development standards shall apply to the PUD overlay zone:
1. 
Development in a planned unit development may include separate and distinct types of land use, or may provide for a compatible mixture of uses, including residential, industrial, commercial, recreational, and civic, in close proximity to one another or within a single structure, so long as such uses are permitted, conditionally permitted, or specially permitted in the zone or zones on which the planned unit development is overlaid.
2. 
If a particular use or structure requires a conditional use permit or special use permit in the zone on which the planned unit development is overlaid, then a conditional use permit or special use permit shall be required in order to include such a use or structure in a planned unit development (see section 16.12.040.5 of this title for special and conditional use application procedures).
3. 
Variations from conventional development and performance standards (this chapter and chapter 16.20 of this title) for planned unit developments may be approved when it is determined by the town that such variations will improve the total development. Variations from conventional development standards allows for innovations and special features in site and building design and location, including the reduction or elimination of front, side and/or rear yard setbacks between elements within the development, or variations from lot size, lot width, lot coverage and similar development standards. In appropriate cases, the clustering of structures for efficient utilization of space, creative combinations of uses, integrated circulation systems and the utilization and preservation of open space provided around groupings of buildings and structures may be permitted. Variations from development and performance standards may be granted when the town determines that a project demonstrates characteristics identified in the intent and purposes of the PUD overlay zone or with the policies of the town.
B. 
Identification of variations required.
Where the total development will be improved by variations from development standards of the underlying zone or zones, these variations must be identified in both the preliminary and final site development plans.
C. 
In lieu fee requirements.
The public park dedication, private open space reservation and in lieu fee requirements of section 16.20.090 of this title shall be met or exceeded by all planned unit development projects.
D. 
Density.
Any planned unit development shall not exceed the allowable density authorized in the underlying zone except where a density bonus is specifically granted pursuant to subsection E of this section.
E. 
Density bonus.
1. 
Purpose.
The purpose of a density bonus in the planned unit development overlay zone is to provide incentives for preservation of usable open space within soundly designed developments that meet community goals regarding preservation of open space, consolidation of infrastructure, and encouragement of clustered affordable developments that provide a sense of community.
2. 
Criteria.
A density bonus may be allowed for land allocated to preservation of usable open space and meeting the following minimum criteria:
a. 
Minimum usable open space on the development site required to qualify for the density bonus shall be thirty percent (30%) at which point the development may receive a density bonus of thirty percent (30%). Each additional ten percent (10%) of usable open space on the development site shall qualify for an additional ten percent (10%) density bonus, with a maximum of seventy percent (70%) usable open space (and density bonus) allowed for any development;
b. 
In order to qualify for density bonus, the preserved on-site usable open space shall be accessible to the general public, or in the case of private usable open space, accessible to all residents of the development; and, alternatively, in the case of agricultural lands or natural resources such as wetlands, wildlife habitat, scenic views and other ecologically important areas, the visual and physical accessibility of the open space may be limited as the town may determine necessary in order to preserve such areas and to implement goals and policies of the town;
c. 
When qualifying for density bonuses, the design of the PUD should meet the requirements of subsection F of this section;
d. 
In calculating allowable density and density bonus, the following procedure shall be followed:
(1) 
The allowable density shall first be calculated by determining the density which could be achieved on the developable property through a conventional development which complies with all applicable laws and regulations, including, but not limited to, town, state and federal regulations pertaining to development within wetlands, floodplain, or other hazardous areas.
(2) 
Based upon the allowable density as thus determined, density bonus shall be calculated upon the above stated percentage formula, based upon permanently preserved usable open space, natural resource areas and agricultural lands. The calculation for density bonuses shall be made by dividing the number of developable acres into the total number of units proposed in the plan.
3. 
Preservation of lands.
In order to qualify as usable open space, natural resource areas or irrigated agricultural lands for purposes of the planned unit development overlay zone density bonus, the usable open space, natural resource areas and agricultural lands shall be subject to appropriate recorded easements, covenants, conditions, and restrictions which are acceptable to the town and approved as to form by the town attorney. Such easements, covenants, conditions and restrictions should include all requirements for preserving usable open space, natural resources and agricultural lands which shall include, but not be limited to:
a. 
Maintenance;
b. 
Access (including physical and visual access provisions and limitations, where appropriate);
c. 
Drainage in conformance with the town storm drainage ordinance, as amended; and
d. 
Preservation.
F. 
Transitional buffering.
The perimeter of the PUD should be compatible with the surrounding community by providing transitional buffering that may include usable open space, landscaping, trails, parks, walkways, appropriate setbacks along adjacent property lines, fencing and/or density transitioning also in accordance with section 16.20.030.1 of this title. The planning and zoning commission may require additional amenities to ensure adequate buffering.
(Ordinance 99-05 adopted 1999; Ordinance 03-07, adopted 2003; Ordinance 04-06 adopted 2004; Ordinance 09-18 adopted 2009)
In order to obtain an approval for a planned unit development, a site development plan containing the elements required in section 16.20.080 of this title and meeting all of the requirements of this title and all other applicable requirements of all other town ordinances and regulations shall be submitted and reviewed by the commission pursuant to the provisions of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
The application procedure shall follow section 16.12.040.5 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003; Ordinance 04-06 adopted 2004)
(Repealed by Ordinance 21-02 adopted 2/9/21)
(Repealed by Ordinance 04-03 adopted 2004)
The purpose of this section 16.16.205 is to establish regulations for the development of hotels that exceed the standard height and story limitations of the HCPD zone district. In establishing this section, the town recognizes that there is a need to protect and enhance the town’s economic base by attracting tourists and visitors, and further understands that this can only be accomplished if the town provides opportunities to develop modern hotel facilities while at the same time limiting possible deleterious developmental impacts to the town’s historic districts.
(Ordinance 16-19 adopted 2016)
The hotel overlay zone shall encompass all lands within, and share the same external boundary as, the portion of the HCPD zone bordering Paseo Del Pueblo Sur in exhibit 1 of this section, not to include any other areas within the town limits. All applications made for hotel development, within the HCPD zone bordering Paseo Del Pueblo Sur identified in exhibit 1 of this section, that exceed the standard height and story limitations of the HCPD zone shall apply for a large scale hotel development permit in accordance with the provisions of section 16.16.205.3 of this chapter. All applications made for hotel development that exceed the area standards outlined in section 16.20.020.1 of this title shall be required to obtain a provisional permit in accordance with the provisions of section 16.20.020.2 of this title.
EXHIBIT 1
BOUNDARY LINE DELINEATION OF HCPD ADJACENT TO PASEO DEL PUEBLO SUR
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(Ordinance 16-19 adopted 2016)
All applications made for a large scale hotel development permit must adhere to the requirements of sections 16.12.040.5 and 16.20.080.4 of this title. A large scale hotel development permit shall follow the same application procedures outlined in the above referenced sections for a provisional permit.
(Ordinance 16-19 adopted 2016)
Site development standards shall conform to the requirements of section 16.16.160.5 of this chapter as well as all applicable performance standards outlined in chapter 16.20 of this title with the following exceptions:
A. 
Recognized treatments.
The architectural style of new construction for large scale hotel development shall be the “Taos Style”, except in the case of renovations or additions, which are subject to subsection 16.20.030.1.D of this title. Architectural styles for new large scale hotel development shall be limited to Pueblo/Spanish Revival.
B. 
Design elements of Pueblo/Spanish Revival.
Large scale hotel development shall not exceed a total of four (4) stories. Architectural designs for large scale hotel developments shall contain significant contour breaks and stepped back building blocks as illustrated in figures 1, 2, 3 and 4 of this section. Other design elements of Pueblo/Spanish Revival include: flat roof, corbel brackets, projecting vigas, exposed lintels, rounded parapets, battered walls, rough hewn panel doors, buttresses, wood canales, courtyards, front portales, corner fireplaces, and modular square rooms.
FIGURE 1. TAOS PUEBLO
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FIGURE 2. LORETTO INN, SANTA FE
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FIGURE 3. LA FONDA, SANTA FE
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FIGURE 4. ALBUQUERQUE VA HOSPITAL
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C. 
Height limitations.
Maximum building height for large scale hotel development shall not exceed forty-eight feet (48') in vertical height above median adjacent grade measured from the top of roof deck, excluding parapet and mechanical equipment. When the development provides a pedestrian plaza or walkway, the building height shall be measured as the vertical distance from the top of the plaza or walkway elevation to the top of roof deck, excluding parapet and mechanical equipment.
(Ordinance 16-19 adopted 2016)
Large scale hotel development.
Any hotel development with a height that exceeds twenty-seven feet (27') or exceeds two (2) stories.
Large scale hotel development permit.
A permit for a large scale hotel development.
(Ordinance 16-19 adopted 2016)
The uses listed in section 16.16.210.3 of this chapter are hereby classified as special uses and upon issuance of a special use permit by the planning and zoning commission, such uses may be allowed in any zone, except for unit density higher than fourteen (14) units per acre, which is a special use in the R-14 zone only. The commission shall consider the health, safety, welfare and continued aesthetic beauty of the community when approving, approving with conditions, or denying a special use permit.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The development standards and use requirements of the underlying zone shall apply to a special use.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
Cellular tower or antenna.
Cemetery, columbarium, crematory or mausoleum.
Church.
Higher unit density than fourteen (14) units per acre in the R-14 zone only.
Hospital.
Mortuary or funeral home.
Nursing home or assisted living.
Public buildings owned by a political jurisdiction other than the town and operated for public purposes, provided that such buildings are designed, constructed and maintained in such a manner that the character of the area is not altered.
Public park, playground or outdoor recreational facility.
Public utilities or utilities operated by private or quasi-public entities including water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants, and including the necessary buildings, apparatus, or appurtenances as may be required for proper operation. Such buildings necessary to the utility shall be similar in design and structure to other buildings in the area of the proposed use.
Residential treatment center or group home.
School, college or academy, including elementary schools, junior high schools, high schools, colleges and trade schools, whether publicly or privately owned, including the necessary facilities and equipment to ensure proper operation.
Any other use which is institutional in nature.
(Ordinance 99-05 adopted 1999; Ordinance 03-07 adopted 2003)
The application procedure shall follow section 16.12.040.5 of this title.
(Ordinance 99-05 adopted 1999)
The town intends to protect, preserve, and perpetuate areas of historical, cultural, architectural, artistic or geographical significance located within the town. The town finds it desirable to protect and enhance the town’s economic base by attracting tourists, visitors and residents; to stabilize and improve property values; to foster civic pride by protecting the town’s unique cultural heritage by prohibiting the unnecessary destruction and defacement of its cultural assets; to preserve historic architectural design and integrity; and to ensure the harmonious, architecturally sympathetic, orderly and efficient growth and development of the town.
(Ordinance 99-05 adopted 1999)
The historic overlay zone boundaries are shown on the most recent town zoning map. The town historic overlay zone contains two (2) historic districts, the La Loma Plaza Historic District and the Taos Downtown Historic District, registered as such with the State of New Mexico department of cultural affairs, historic preservation division, on April 15, 1982. Contributing properties are identified by the 1981 New Mexico Historic Building Inventory conducted by Garner Hicks Architects and the 1996 New Mexico Building Inventory - Taos Resurvey conducted by Vicente Martinez. The town may, from time to time, conduct an inventory of potentially contributing properties to determine if the property meets the criteria for designation as a contributing property. The historic preservation commission must receive written consent from the property owner prior to designating the property as a contributing property. In addition, a contributing property must meet at least one (1) of the following criteria as determined by the historic preservation commission:
A. 
Be associated with events that have made a significant contribution to the broad patterns of national, state or Taos history;
B. 
Possess architectural significance;
C. 
Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;
D. 
Have yielded, or be likely to yield, scientific information that creates a better understanding of Taos’ diverse cultures, prehistory or history;
E. 
Be valued by the local Taos community as an established or familiar visual or cultural feature due to its architectural history, siting, cultural characteristics or heritage; or
F. 
Be suitable for preservation.
(Ordinance 17-07 adopted 2017)
The code administrator and historic preservation commission may use the most recent guidelines and publications of the New Mexico state historic preservation office or the National Register of the U.S. Department of the Interior in their decision making processes, so long as such guidelines and publications do not conflict with the provisions of this section 16.16.220.
(Ordinance 10-07 adopted 2010)
Whenever, in the opinion of the historic preservation commission, an area meets the criteria for historic overlay zone designation, the historic preservation commission or property owner may initiate the procedure for designating such area as a historic overlay zone, as follows:
A. 
Notice.
The historic preservation commission shall contact the property owner(s) within the area of the proposed historic overlay zone in order to inform them of the time, date and place of the historic overlay zone public hearing. Notice of the public hearing shall be given as follows:
1. 
Written notice of the time, date, place and subject of the public hearing shall be sent by registered or certified mail not less than thirty (30) days nor more than forty-five (45) days prior to the hearing to all property owners of record who own property in the proposed historic overlay zone.
2. 
Signs indicating the proposed action and time, date and place of the public hearing, shall be posted by the historic preservation commission for a period of not less than fifteen (15) days immediately preceding the public hearing on the boundaries of all areas proposed for historic overlay zone designation.
3. 
A legal notice indicating the nature of the public hearing, the area involved, and the time, date and place of the hearing, shall be published once in a newspaper of general circulation in the town, at least fifteen (15) days prior to the public hearing.
B. 
Moratorium on building permits and use changes.
Upon notification of the proposed rezoning to the property owners within a proposed historic overlay zone, no building permits will be issued nor will any use changes be granted until the town council approves or rejects the historic overlay zone designation proposal.
C. 
Hearing.
A quorum of the historic preservation commission shall conduct the hearing. All interested parties shall be given a reasonable opportunity to express their opinions regarding the proposed designation(s). The historic preservation commission may establish reasonable limits on the length of individual presentations. A record of the hearing shall be made. The historic preservation commission’s records shall include the name and address of each speaker; the organization or person represented, if any; whether or not the speaker is an owner or holder of some other interest in the affected property, or represents such owners or holder; and a summary of the relevant portions of each statement.
D. 
Historic preservation commission’s recommendations.
Within forty-five (45) days after the public hearing, the historic preservation commission shall act upon the proposed designation. The historic preservation commission may approve, reject or modify any proposal without instituting a new designation procedure. If the historic preservation commission fails to act within sixty (60) days, the designation shall be deemed to have been rejected.
E. 
Transmission to town council.
If the historic preservation commission determines that the proposed historic overlay zone proposal warrants official designation, the proposal shall be transmitted to the town council. The town council may designate the recommended area as a historic overlay zone. If the town council fails to act on a proposal within ninety (90) days after receipt of the proposal, the designation procedure is terminated.
F. 
Recording historic overlay zone boundary.
Upon approval of the designation of any area as a historic overlay zone, the zoning map shall be amended to show the historic overlay zone boundaries. The historic overlay zone designation shall be an overlay zone which overlaps the various zones established on the official zoning map.
G. 
Notification.
Within fifteen (15) days after the recording of the historic overlay zone boundaries, all property owners within the overlay zone will be sent, by registered or certified mail, a letter explaining the reasons for the historic overlay zone designation, the historic overlay zone boundaries, and the design guidelines and development standards created by the designation.
H. 
Design guidelines and development standards.
The historic preservation commission shall recommend to the mayor and council, within forty-five (45) days after official designation of a historic overlay zone, design guidelines and development standards for reviewing changes in use, demolition, relocation and new construction, including preservation, reconstruction, rehabilitation and restoration, for a new historic overlay zone. In addition to the historic overlay zone design guidelines and development standards, the area within a historic overlay zone shall be subject to those requirements and regulations imposed by the existing zoning prior to historic overlay zone designation. Uses which may be permitted under the existing zoning determine what use or uses are inappropriate or inconsistent with the desired character of the historic overlay zone.
I. 
Amending a historic overlay zone.
A historic overlay zone may be amended in the same manner as the original designation was made.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)
A. 
For purposes of understanding and classifying the historic styles and evolution of Taos architecture, the following architectural distinctions can be made:
1. 
Classical Pueblo Period Style: Before 1275 (Mesa Verde, Chaco Canyon);
2. 
Pueblo IV Period Style: 1275-1598 (Taos Pueblo);
3. 
Pueblo V Period; Spanish Colonial Period Pueblo-Spanish Style: 1598-1848 (in line contiguous room structure surrounding an open area);
4. 
Hispanic Vernacular Style: Popular locally from 1780-1900. Also covers modest, linear, flat roofed, owner built houses through approximately 1950. Includes most early construction in Taos;
5. 
Territorial Style: 1846-1912. Includes both flat roofs and pitched roofs;
6. 
Folk Territorial (Folk Victorian) Style: 1880-1910. Similar to Territorial Style, but with inventive carpenter details such as “carpenter gothic” jigsaw work, or mass produced, lathe turned, slender columns and Italianate/Queen Anne style brackets;
7. 
New Mexico Vernacular Style: 1880-1910. Linear forms, adobe construction and pitched metal roofs, lacking any detail from the Territorial or Folk Territorial styles;
8. 
Revival Period:
a. 
Colonial Revival Style or Spanish/Pueblo Revival Style: 1908 to present. The combination of Pueblo and Spanish traditions employed in a self-conscious return to the historical traditions of this century. Indicated by portales or buildings with many carved corbel capitals or the ornamental use of exposed viga ends. Most buildings on and around Taos Plaza are of this style.
b. 
Territorial Revival Style: 1945 to present. Most have pitched metal or shingled roofs and also frequently employ simple Italianate/Queen Anne style brackets. Chambered, square posts usually replace the lathe turned columns that would have been combined with brackets in the late 1800s.
(Ordinance 11-04 adopted 2011)
These standards shall apply within the area designated as a historic overlay zone on the town zoning map, and as otherwise made applicable by town ordinance or regulation to other areas of the town:
A. 
The streetscape.
1. 
The streetscape includes the street (public right-of-way) and the adjoining buildings, structures, and landscaping which define it. In some areas of the historic overlay zone of Taos, the streets are narrow and curvilinear, and are often physically very close to building facades, fences and landscaping, thus causing a zero setback;
2. 
The town shall preserve the narrow or curvilinear character of these existing streets;
3. 
The town shall make no effort to widen or straighten narrow or curvilinear streetscapes.
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B. 
Streetscape criteria.
Streetscapes shall be defined by the following criteria:
1. 
Project types.
The code administrator shall determine the applicability of this section to individual projects and the applicable streetscape as follows:
a. 
If the project location is sited on a street which extends linearly with no interruptions or truncations, the streetscape shall include buildings, yard walls, and fences on both sides of the street on which the proposed new construction is to be located, for a distance of six hundred feet (600') measured from the midpoint of the street facing facade(s) of the proposed new construction in both directions parallel to the street centerline. See figure 16.16.220.01, “Linear Street - No Interruptions or Truncations”, of this section.
FIGURE 16.16.220.01. LINEAR STREET - NO INTERRUPTIONS OR TRUNCATIONS
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b. 
If the streetscape is truncated by an intersecting block or a visual intrusion (such as a curve or turn in the streetscape) before the six hundred feet (600') is measured, the streetscape shall include all buildings, yard walls, or fences up to and including those which front the intersection or intrusion. See figure 16.16.220.02, “Truncation by an Intersecting Block or Visual Intrusion”, of this section.
FIGURE 16.16.220.02. TRUNCATION BY AN INTERSECTING BLOCK OR VISUAL INTRUSION
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c. 
If the proposed new construction fronts more than one street, the streetscape on each street frontage as determined in subsection B.1.a of this section shall be considered. See figure 16.16.220.03, “Frontage on More Than One Street”, of this section.
FIGURE 16.16.220.03. FRONTAGE ON MORE THAN ONE STREET
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d. 
When the proposed new construction is located on a lot with no frontage on rights-of-way, the streetscape is defined by measuring a distance of three hundred feet (300') in all directions beginning from the midpoint of the facade which contains the principal entrance of the building. The height of a proposed yard wall or fence shall not exceed six feet (6'). See figure 16.16.220.04, “Interior Lot With No Street Frontage”, of this section.
FIGURE 16.16.220.04. INTERIOR LOT WITH NO STREET FRONTAGE
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e. 
When the proposed new construction faces a T- or a Y-intersection, the streetscape shall include buildings, yard walls, and fences as defined in subsection B.1.a of this section and buildings, yard walls, and fences on both sides of the street creating the leg of the “T” or the arm of the “Y” for a distance of three hundred feet (300') parallel to the street centerline. See figures 16.16.220.05, “Location at a Y-Intersection”, and 16.16.220.06, “Location at a T-Intersection”, of this section;
FIGURE 16.16.220.05. LOCATION AT A Y-INTERSECTION
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FIGURE 16.16.220.06. LOCATION AT A T-INTERSECTION
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2. 
Streetscape standards.
a. 
Streetscape borders shall not extend beyond the outer boundaries of the historic overlay zone.
b. 
When determining an applicable streetscape, vacant lots or parcels shall not be included.
c. 
If a portion of a structure or lot falls within an applicable streetscape, such structure or lot shall be considered as part of the applicable streetscape.
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3. 
Streets.
The streets (public rights-of-way) shall be defined by a combined effect of the following: zero setback building facades, portales, stuccoed walls, or landscaping.
4. 
Commercial buildings.
Commercial buildings shall line the sidewalk and have a portal over the sidewalk whenever possible.
5. 
Off-street parking.
When off-street parking fronts on the street, definition and screening shall be provided by stuccoed walls or fences and landscaping.
6. 
Preserving traffic visibility.
Stuccoed walls, latilla fences, and landscaping shall provide the necessary definition of the street, while preserving traffic visibility.
7. 
Rehabilitation proposals.
Rehabilitation proposals shall maintain existing zero setback facades, walls, and landscaping. When no such definition is present, plans shall include appropriate walls and/or landscaping.
8. 
Views of structure provided.
In all cases, walls and landscaping shall provide views of the structure, particularly if it is a contributing property.
9. 
Parking areas.
Parking areas shall be placed to the rear or sides of buildings whenever possible.
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C. 
The environment.
1. 
The environment includes features which are important to the historic character of Taos. Features such as large trees, the buildings, the mountain vistas, and the town’s historical, cultural, and archaeological sites and resources shall be protected. All applications for a certificate of appropriateness must demonstrate that the proposed new construction does not deteriorate the existing mountain vistas from within the streetscape. See streetscape definition in this section;
2. 
Historic, cultural, and archaeological sites and resources shall be protected and preserved in place per state law HB 360 3.22.201.6 as amended from time to time;
3. 
Existing trees and mountain vistas shall be preserved. In the course of new construction and rehabilitation projects, existing healthy trees shall be preserved and incorporated into the landscaping plan, as much as is practical. If trees must be removed, they shall be replaced by trees of an appropriate species of a comparable size and must comply with all provisions of the town landscape ordinance, Ordinance 06-05 [07-08].
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(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
A. 
Preservation required.
All owners of properties within a historic overlay zone shall be responsible for the preservation and maintenance of all buildings and structures on their property to prevent decay and deterioration. Owners shall repair buildings or structures if they are found to have any of the following defects:
1. 
Deteriorated or failing foundation;
2. 
Deteriorated or failing flooring or floor structure;
3. 
Deteriorated or failing walls, whether structural load bearing or nonload bearing;
4. 
Deteriorated or failing roofs, ceilings, porches, portales or other building or structure parts such as, but not limited to: fireplaces, chimneys, doors, windows, antennas, etc.;
5. 
Deteriorated or failing plaster or roofing membranes; or
6. 
Should the structural adequacy of a building or structure part become suspect, the owner shall provide to the code administrator written documentation prepared by a licensed engineer as to the structural state of the items in question.
B. 
Standards.
Preservation or rehabilitation of contributing properties shall meet the following standards, or the most recent standards for preservation outlined in the Secretary of the Interior’s Standards for the Treatment of Historic Properties, if different:
1. 
The historic character and distinctive architectural features of a contributing property shall be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a building or structure shall be avoided. Fifty percent (50%) or more of the original materials must be unrepairable in the written opinion of the code administrator in order to be replaced, provided that the new material matches the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure;
2. 
Each contributing property shall be recognized as a physical record of its time, place and use. Work needed to stabilize and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for further research;
3. 
Changes to a contributing property that have acquired historical significance in their own right shall be retained and preserved;
4. 
Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a building or structure shall be preserved;
5. 
The existing condition of distinctive historic features shall be evaluated by the code administrator to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of distinctive historic features, the new material shall match the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure. Fifty percent (50%) or more of the original materials must be unrepairable in the written opinion of the code administrator in order to be replaced, provided that the new material matches the old in composition, design, color and texture, and shall not, in any way, damage original parts, features or materials of the building or structure;
6. 
Chemical or physical treatments, if deemed appropriate by the code administrator, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used; and
7. 
Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
C. 
Role of historic preservation commission.
Buildings or structures requiring preservation may be observed by the historic preservation commission or the need for preservation may be reported to the code administrator. It shall not be the historic preservation commission’s responsibility to inspect the historic overlay zone to determine the state of buildings or structures. All decisions by the historic preservation commission that a building or structure requires preservation shall be made at a public hearing, and in determining whether the building or structure requires preservation or maintenance, the owner of such building shall be given fifteen (15) days’ prior written notice of the public hearing by registered mail that his or her building or structure is being reviewed for preservation or maintenance. If the historic preservation commission determines that a building or structure requires preservation or maintenance, the owner of said building or structure shall provide and furnish the suggested preservation or maintenance within thirty (30) days after the historic preservation commission’s decision. If a property owner fails to provide suggested preservation or maintenance, he/she shall be subject to the penalty provisions hereinafter provided.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)
A. 
Changes in use.
Changes in use (if applicable), and new construction of noncontributing properties shall follow the standards of this section.
B. 
Consistent style of new construction.
The appropriate style for new construction should be consistent with the predominant type and style of architecture of the streetscape. See streetscape definition in section 16.16.220.6 of this chapter. At the discretion of the historic preservation commission, new construction may emulate the style of an existing contributing property, provided that the application for a certificate of appropriateness is accompanied by substantial documentation and architectural details demonstrating that the proposed new construction is consistent with the predominant style of architecture in the streetscape. When additions to or modification of an existing building are contemplated, every effort shall be made to maintain the integrity of the existing building’s style while emulating the original style of the building. Under no circumstances shall manufactured or mobile home parks be permitted within the historic overlay zone.
C. 
Historic photographic documentation.
Historic photographic documentation shall, when possible, be submitted to verify the historic use of specific materials, style and detailing for a specific preservation or rehabilitation project.
D. 
Design standards for architectural style of new construction.
1. 
At the discretion of the historic preservation commission, all new construction shall comply with the design standards of one of the following architectural styles. New construction includes additions to a contributing property. A combination of styles may be permitted at the discretion of the historic preservation commission, provided that the design meets the design standards for each style.
a. 
The Pueblo/Spanish Revival Style.
(1) 
Massing/scale.
Buildings shall express a massive structural quality in appearance as opposed to a “single facade” appearance. Buildings over one story shall be designed to appear more as an aggregation of smaller “building blocks” rather than a single large box or block.
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(A) 
Buildings shall be designed to be “wall dominated” so that building geometry is more defined by walls, and the roofs are visually less dominant in the overall design.
(B) 
Wall thickness shall be revealed at door and window openings. Columns, lintels and other exposed structural elements should be scaled in a matter that corresponds to the mass of the building.
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(C) 
Building shall be topped by “flat” (moderately sloped) roofs obscured by parapets (firewalls). Dead flat roofs are not recommended. Parapets should obscure the sloping roof surface on the front and side facades as proper drainage may allow. Alternative treatments should be consistent with the building style.
(D) 
Building cantilevers or other visually and apparently unsupported structures are not permitted.
(2) 
Light and shadow.
Building masses should be arranged so that they cast shadows on each other and emphasize the contrast of light and shaded surface at corners. The suggestion as to the use of shadows shall not be construed as to override adjacent building owners’ solar rights.
(3) 
Surface material and texture.
(A) 
Buildings shall be coated with mud plaster, stucco or related material that has a texture which simulates that of mud plaster;
(B) 
Stucco which expresses a smooth but massive surface shall predominate.
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(4) 
Doors and windows.
(A) 
Window shapes, arrangements and types should be reminiscent of those found in contributing properties. True divided light windows are encouraged. Simulated divided light windows are discouraged;
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(B) 
The combined door and window area in any facade facing a street shall not exceed forty percent (40%) of the total area of the facade, except for the use of large display windows under portales of commercial buildings;
(C) 
No door or window in a facade facing the street shall be located nearer than three feet (3') from the corner of the facade;
(D) 
Window and door openings or areas shall be recessed a minimum of four inches (4"). Doors shall be wooden or a combination of wood and glass;
(E) 
Skylights should not be visible from the streetscape as defined in section 16.16.220.6 of this chapter.
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(5) 
Architectural detailing.
(A) 
Detailing should be functional. Portales should provide protection from weather, canales should drain a roof area, and projecting vigas should reflect structural members within. Weaving vigas projecting from the same plane in different directions and in the same building block as shown in figure 4-22.24 of this section are not permitted. All exposed structural elements should express understanding of the traditional structural sense. Applied, nonfunctional structural elements (such as exposed viga ends where no viga beams are used for actual structural members) and other “applied” architectural details are not permitted;
(B) 
Window and door moldings and exposed lintels are appropriate. Wood trim should be minimal around window and door openings. A rounding effect or bullnosing should be used creating a transition from wall surface to window surface. Exposed lintels above window and door openings should be made of wood;
(C) 
Awnings shall be reviewed on a case-by-case basis for a certificate of appropriateness pursuant to subsection 16.16.220.12.D of this chapter. Retractable awnings with a documented historical precedent are encouraged. Aluminum, plastic and bubble shaped awnings are prohibited;
(D) 
Portales should have exposed beams and columns with transitional devices such as corbels. Corbels may have ornamental design.
(6) 
Solar integration.
(A) 
The use of solar and other energy collecting and conserving features may be used;
(B) 
Solar features, such as trombe walls, sunspaces, greenhouses and clerestories should be hidden, and are best handled if they are integrated into the new structure and should not be visible from the streetscape. Skylights must not be visible;
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(C) 
Solar hardware such as collectors, especially water heating collectors, shall not appear to have been set on roofs, walls or the ground as an afterthought. They shall be built into and integrated into the overall building design;
(D) 
Solar features that do not comply with the above shall be hidden from the streetscape by a screening device or disguise. Screening methods include: sufficiently high parapets, roof mounted apparatus, fences, berms, landscaping or buildings to block from public view, and ground mounted apparatus;
(E) 
The use of glass areas for collectors, trombe walls, greenhouses, or direct solar gain is acceptable on a south elevation, provided the percent of glass on the south elevation does not exceed seventy-five percent (75%) of the total wall surface;
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(F) 
Reflected glare on nearby buildings, streets or pedestrian areas shall be avoided.
(7) 
Mechanical equipment.
(A) 
Exterior mounted mechanical and electrical equipment, vents, solar hardware and satellite dishes shall be architecturally screened and not publicly visible from the streetscape as defined in section 16.16.220.6 of this chapter;
(B) 
Roof mounted satellite dishes, larger than twenty-four inches (24") in diameter, are prohibited. Screening for ground mounted satellite dishes shall be accomplished in a manner as described for solar hardware.
b. 
The Pitched Roof Territorial Revival [Style].
(1) 
Massing/scale.
(A) 
Buildings are to be designed to appear as based on a single block, usually rectangular in shape;
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(B) 
Partial multi-story additions to an existing single-story building are not permitted;
(C) 
A human scale should be achieved near ground level on larger buildings and along street facades and entryways through the use of scale elements such as porches, doors, windows, columns (usually square) and railings;
(D) 
Buildings should not appear to have multiple layers of facades. A single wall plane should dominate all elevation;
(E) 
Porches are encouraged and shall be designed to appear as “attachments” to the main portion of the building. Porches should provide a transition between the outside street and the building interior.
(2) 
Materials and texture.
Buildings shall be coated with mud plaster or a stucco material that has a texture which emulates that of mud plaster to have a smooth massive surface.
(3) 
Roofs.
(A) 
Roofs shall be pitched, either gable or hip, with a substantial slope, but not to exceed twelve to twelve (12:12) nor less than four to twelve (4:12);
(B) 
Porch roofs shall have a slope visibly different from the main portion of the building;
(C) 
Roof material shall be composition shingles, roll roofing, plastic corrugated, or metal. Roof glazing, within the plane of the roof may be allowable, provided the total area does not exceed twenty percent (20%) of the roof area on any one elevation. Domed skylights are not permitted;
(D) 
Dormers are allowed to provide additional usable space in half-story areas. Dormer exterior walls should have wood shingles, horizontal wood siding or stucco. Dormer roofing material should be consistent with the building roofing material;
(E) 
Flat skylights may be permitted.
(4) 
Doors and windows.
(A) 
Window shapes, arrangements and types shall be reminiscent of those found in contributing properties of the Pitched Roof Territorial Style.
(B) 
The combined door and window area of any publicly visible facade shall not exceed forty percent (40%) of the total area of the facade, except for the use of large display windows located under the porches of commercial buildings not to exceed eighty percent (80%) of the total area of the facade.
(C) 
Windows and doors may be topped by wood pedimented moldings and have wide side and bottom casings.
(D) 
Doors shall be wooden or a combination of wood and glass. True divided light is encouraged.
(5) 
Architectural detailing.
(A) 
Porches should provide protection from the weather and be constructed of square or turned wood posts with simple detailing reminiscent of those found in contributing properties of the Pitched Roof Territorial Style;
(B) 
Porch railings shall have balusters of turned or square shape and should terminate at simple top and bottom rails;
(C) 
Shingles and horizontal wood siding or stucco may be used in gable ends and for dormers reminiscent of those found in contributing properties of the Pitched Roof Territorial Style.
(D) 
Awnings may be permitted on a case-by-case basis. Retractable awnings with a documented historical precedent are encouraged. Aluminum, plastic and bubble shaped awnings are prohibited.
(6) 
Solar integration.
(A) 
Solar collection features incorporated into the building facade are not appropriate;
(B) 
Solar hardware shall be flush with the roof;
(C) 
Solar hardware such as collectors, especially water heating collectors, shall not appear to be set on roofs, walls, or the ground as an afterthought; and rather they shall be built into and integrated into the overall building design;
(D) 
Solar features that do not comply with the above shall not be visible from the streetscape as defined in section 16.16.220.6 of this chapter. Screening methods include: fences, berms, landscaping or building;
(E) 
The use of glass area for collectors, trombe walls, greenhouses, or direct gain is acceptable on a south elevation, provided the percentage of the glass on the south elevation does not exceed sixty-five percent (65%) of the total wall surface;
(F) 
Reflected glare on nearby buildings, streets or pedestrian area is not permitted.
(7) 
Mechanical equipment.
(A) 
Exterior mounted mechanical and electrical equipment, vents, solar hardware and satellite dishes shall be architecturally screened and, in particular, roof mounted equipment shall not be visible from the streetscape as defined in section 16.16.220.6 of this chapter;
(B) 
Solar hardware shall be mounted flush with the roof consistent with the roof pitch and profile and be included in overall glazing allowances;
(C) 
Roof mounted satellite dishes larger than twenty-four inches (24") in diameter are prohibited. Screening for ground mounted satellite dishes shall be accomplished in a manner as described for solar hardware.
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c. 
Bungalow/Craftsman Style.
(1) 
Massing/scale.
One to one and one-half (1-1/2) story structures with low simple lines and projecting roofs. Porches and eaves have exposed roof rafters. Large covered front porches have massive buttressed columns as an extension of the main roof.
(2) 
Light and shadow.
A single main shape and decorative extensions of the roof and large dormers on the roof are appropriate. The building may be side gabled, front gabled, or cross gabled.
(3) 
Surface material and texture.
Exteriors may have any combination of weatherboard, stucco, and stone veneer.
(4) 
Doors and windows.
Should be four (4) over one or six (6) over one double hung windows.
(5) 
Architectural detailing.
Include exposed rafters and decorative brackets under the eaves. Handcarved wood motifs and no shutters are typical.
(6) 
Solar integration.
(A) 
Solar collection features incorporated into the building facade are not appropriate to this style and should be avoided;
(B) 
Solar hardware shall be flush with the roof;
(C) 
Solar hardware such as collectors, especially water heating collectors, shall not appear to be set on roofs, walls, or the ground as an afterthought; and rather they shall be built into and integrated into the overall building design;
(D) 
Solar features that do not comply with the above shall be hidden from the streetscape as defined in section 16.16.220.6 of this chapter by a screening device or disguise. Screening methods include: fences, berms, landscaping or building;
(E) 
The use of glass areas for collectors, trombe walls, greenhouses, or direct gain is acceptable on a south elevation, provided the percentage of the glass on the south elevation does not exceed sixty-five percent (65%) of the total wall surface;
(F) 
Reflected glare on nearby buildings, streets or pedestrian areas is not permitted.
(7) 
Mechanical equipment.
(A) 
Exterior mounted mechanical and electrical equipment, vents, solar hardware and satellite dishes shall be architecturally screened and, in particular, roof mounted equipment shall not be visible from the streetscape as defined in section 16.16.220.6 of this chapter;
(B) 
Solar hardware shall be mounted flush with the roof consistent with the roof pitch and profile and be included in overall glazing allowances;
(C) 
Roof mounted satellite dishes larger than twenty-four inches (24") in diameter are prohibited. Screening for ground mounted satellite dishes shall be accomplished in a manner as described for solar hardware.
2. 
Design standards applicable to all styles.
a. 
Fluorescent and pastel colors are not permitted. All colors shall be approved at the discretion of the historic preservation commission, provided that the application is accompanied by a color sample of all proposed colors.
b. 
All surface materials and textures shall be approved at the discretion of the historic preservation commission, provided that the application is accompanied by a sample of all proposed surface materials and textures.
c. 
Any color of finish should minimize any glare. Aluminum, copper, and steel may be treated to minimize glare.
d. 
Attic vents must be placed on the inside of a parapet. If the building does not include parapets, attic vents must be painted to match the color of the building.
e. 
Aluminum casing is permitted on doors and windows provided that the casing is painted or acid etched.
f. 
Chainlink fencing is prohibited; wire fencing may be permitted.
g. 
The total area of windows as a percentage of the total facade may exceed the maximum amount permitted only on the north elevation.
h. 
Wood shutters are permitted.
i. 
Carvings and corbels and lintels are encouraged; carvings may be painted.
j. 
Metal caps on exposed vigas are permitted.
k. 
Signage may be painted on the wall of a building, provided that the sign does not exceed more than two (2) words and must only advertise the product or service made available (e.g., “pharmacy” or “art gallery”). Such sign shall not exceed twenty (20) square feet.
l. 
Only wooden garage doors are permitted.
m. 
Pyramid skylights may be permitted.
n. 
Enclosing an existing portal is permitted provided that a new portal is added.
o. 
Street walls must change at least six inches (6") in height every thirty feet (30') and must be proportional to the mass and scale of the building.
p. 
Drainage collectors with downspouts may be the same color as the building.
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance 15-07 adopted 2015)
A. 
Changes in use (when applicable), relocation and new construction, including preservation and rehabilitation, of contributing properties shall follow the standards for new construction of noncontributing properties listed in section 16.16.220.8 of this chapter and the following rehabilitation standards, or the most recent standards for rehabilitation outlined in the Secretary of the Interior’s Standards for the Treatment of Historic Properties, if different:
1. 
If a proposed rehabilitation will cause that building or structure to lose its status as a contributing property, the application cannot be approved;
2. 
A contributing property shall be used as it was historically, or be given a new compatible use that maximizes the retention of distinctive materials, features, spaces, spatial relationships, site and environment. Examples of compatible uses include conversion of a residence to professional offices, a second story of commercial building to apartments, and retail space to offices;
3. 
The historic character of a contributing property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a contributing property shall not be permitted;
4. 
Each contributing property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features of elements from other contributing properties, shall not be permitted;
5. 
Changes to a contributing property that have acquired historic significance in their own right shall be retained and preserved;
6. 
Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a contributing property shall be preserved;
7. 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence. Missing features should be duplicated or replaced, based on careful study of similar features and historical evidence. Economic hardship shall not be used as a justification for deferred maintenance or exemption from this provision;
a. 
Substitute material may be proposed in the following circumstances:
(1) 
Unavailability of historic materials. This application must include written representation of due diligence to locate historic materials;
(2) 
Unavailability of skilled labor. The application must include written representation of due diligence to locate skilled labor;
(3) 
Inherent flaws in the original materials; or
(4) 
Code required changes;
b. 
If substitute material is proposed, it shall be evaluated according to the following standards:
(1) 
The substitute material is compatible in appearance with the original material;
(2) 
The physical properties of the substitute material are compatible with those of the original material, so as to produce no negative impact on adjacent historic materials;
(3) 
The substitute material is installed correctly and in a manner that tolerates differences and is careful to protect adjacent historic materials; and
(4) 
The substitute material has been tested in similar applications and is expected to perform well. Specifically, stability of color and texture, compressive or tensile strengths (if appropriate), the acceptable range of thermal coefficients, and the durability of coatings and finishes should be considered;
8. 
Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used;
9. 
Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken;
10. 
New additions, exterior alterations, or related construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment;
11. 
New additions may be approved if the purpose for the addition cannot be met by altering existing portions of the building. New additions and adjacent or related construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the contributing property and its environment would be unimpaired. If additions or adjacent or related construction is proposed, it shall be evaluated according to the following standards:
a. 
The result is as inconspicuous as possible from the public view and set back ten feet (10') from the elevations visible from the public byways adjacent to the property as defined in streetscapes, section 16.16.220.6 of this chapter; and
b. 
The result will not threaten character defining features, including the setting and/or relationship of buildings and structures.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)
“Reconstruction” and “restoration”, as defined in section 16.08.020.3 of this title, shall be undertaken according to the standards for reconstruction and standards for restoration, respectively, as defined in the most recent version of the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Reconstruction and restoration of contributing properties requires a certificate of appropriateness under section 16.16.220.12 of this chapter.
(Ordinance 11-04 adopted 2011)
Demolition of a contributing property is not permitted. Demolition of a noncontributing property of more than one hundred twenty (120) square feet or a structure that is recommended as a contributing property is discouraged and must be approved with a certificate of appropriateness. Upon any application for demolition of a noncontributing property, the code administrator may notify, in writing, and provide a copy of the application, to the historic preservation division of the State of New Mexico department of cultural affairs. Comments received from the historic preservation division may be considered by the historic preservation commission in approving or denying the certificate of appropriateness application.
(Ordinance 11-04 adopted 2011)
Any act or process which changes an exterior architectural feature or otherwise affects the exterior appearance of a building within the historic overlay zone requires either an administrative permit or a certificate of appropriateness, unless explicitly exempted by this section. No work shall be commenced until the owner has obtained an administrative permit or a certificate of appropriateness for the specific work being permitted. Any substantive change in the nature of the work requires an amendment to the administrative permit or a certificate of appropriateness.
The purpose of the historic overlay zone administrative permit and certificate of appropriateness process and the substantive requirements of this code are not to arbitrarily impede development, but to encourage preservation and enhancement of historic Taos. Applications should be completed and presentations made with this in mind. It is the intent of the town for a review to proceed efficiently with minimum delays. Efficient reviews can be accomplished only if applicants submit complete and accurate applications with scaled plans and specifications. The historic preservation commission members shall familiarize themselves with applications prior to the public hearing. In addition, to the extent possible, the various reviews required by the code will proceed concurrently.
A. 
Activities requiring permit.
The following activities within the historic overlay zone require an administrative permit:
1. 
Replacement in kind or with compatible substitute material of identical color and design, of:
a. 
Windows;
b. 
Window frames;
c. 
Doors;
d. 
Doorjambs;
e. 
Canales;
f. 
Roofing and/or parapets;
g. 
Brackets;
h. 
Steps;
i. 
Plaster;
j. 
Lintels;
k. 
Vigas, latillas, or the like;
l. 
Portals;
m. 
Change of use, provided that, in the opinion of the code administrator, the proposed change is compatible to the current use and will not cause a nuisance to adjacent property. If, in the opinion of the code administrator, the proposed change of use is not compatible with the current use, then the proposed change in use must receive a certificate of appropriateness;
n. 
New construction to noncontributing properties that does not alter the appearance of more than ten percent (10%) of the total of all facades and/or do not increase the building footprint by more than ten percent (10%);
o. 
Demolition of a structure that is less than one hundred twenty (120) square feet, provided that the structure is not a contributing property or is recommended as a contributing property.
B. 
Administrative permit required.
An administrative permit shall be issued by the code administrator for any activity listed in subsection A of this section if the following requirements are met:
1. 
An application shall be made to the code administrator in writing on forms, the contents of which have been approved by the code administrator. The application shall include photographs and elevation drawings with an appropriate scale of the existing conditions and proposed conditions of all parts of the building which are the subject of the application;
2. 
The code administrator shall inspect the property before issuing the administrative permit;
3. 
The code administrator may approve, modify or deny the application in whole or in part. The application may be approved if the proposed work is consistent with the historic overlay zone design guidelines and development standards and is compatible with the spirit and purposes of this code. If the proposed work may have significant impact on the property, the code administrator will deny the application, causing the applicant to apply for a certificate of appropriateness under this section;
4. 
All approved work shall be inspected by the code administrator after the work is completed and prior to receiving a certificate of occupancy. No additional work will be completed after the inspection without a new administrative permit.
C. 
Activities exempt from permit.
No permit is required for the following activities within the historic overlay zone unless a building permit is required pursuant to the latest building and fire codes adopted by the town:
1. 
Surface cleaning of a building;
2. 
Evaluation of the condition of a building to determine its condition and/or what work will be required; provided that the building is returned to its original condition;
3. 
Glass replacement;
4. 
Plaster repair;
5. 
Rust removal;
6. 
Caulking;
7. 
Painting, stuccoing, mud plastering or applying protective coatings, provided that the colors used comply with this section 16.16.220;
8. 
Replacement fencing, provided that the existing fencing meets all requirements of this code;
9. 
Temporary protective coverings (“temporary” is defined by this section as being no longer than 30 calendar days.);
10. 
Landscaping provided that landscaping meets the requirements of the landscape ordinance;
11. 
Repair of existing mechanical, electrical and plumbing systems, or similar code required work, provided such work complies with this section. The installation of new mechanical, electrical and plumbing systems that are installed to the exterior of the building must be approved by an administrative permit;
12. 
Town public works projects, so long as such projects meet the criteria of this code;
13. 
Emergency temporary repairs.
D. 
Certificate of appropriateness.
Within the boundaries of a historic overlay zone, an application for a certificate of appropriateness must be filed for all changes in use (if applicable), demolition, relocation and new construction, including preservation, reconstruction, rehabilitation and restoration, except for those activities requiring an administrative permit or specifically exempt from this code.
1. 
An application for a certificate of appropriateness shall be made in writing on the proper forms, the contents of which must be approved by the code administrator and shall be accompanied by a site plan prepared according to section 16.20.080.7 of this title, photos of all affected elevations of the building and structure, photos of the surrounding area taken from each such elevation of the building or structure, along with the fee established pursuant to appendix A attached to Ordinance 99-05 and available to the public at the office of the code administrator, in good funds. Once an application has been submitted, the code administrator shall review it for completeness and accuracy and whether it is a contributing property or noncontributing property. The application is then submitted to the historic preservation commission and the review proceeds as specified in this title.
2. 
A preliminary public hearing before the development review committee shall be scheduled at the next available meeting after the application is submitted.
3. 
After the preliminary public hearing before the development review committee, a final public hearing shall be scheduled with the historic preservation commission and conducted in accordance with section 16.12.040.5 of this title.
4. 
At the final public hearing, the historic preservation commission shall approve, approve with modifications or conditions, deny, or suspend an application in whole or in part. If the historic preservation commission approves an application, with or without modifications or conditions, a certificate of appropriateness is granted and the project can proceed, as long as all other permits are obtained.
a. 
“Approval” means that the proposed work is consistent with the design guidelines and development standards contained within this section, and is compatible with the spirit and the purposes of this title. A certificate of appropriateness is granted and the project can proceed, as long as all other permits are obtained.
b. 
“Approval with modifications or conditions” means that the applicant has agreed to alter the proposal in accordance with the recommendations of the historic preservation commission or commission. A certificate of appropriateness can be granted and the project can proceed, as long as all other permits are obtained.
c. 
“Denial” means that the historic preservation commission has found that the proposed project does not conform to this title. Any denial must be accompanied by a written statement from the preservation commission which documents the specific guidelines which have not been met and the reasons they have not been met.
d. 
“Suspension” means that the preservation commission lacks adequate information to review an application. Once that information has been requested, supplied, and approved by the code administrator, the review process can proceed, with proper notification. An application cannot be suspended for more than one hundred eighty (180) days.
E. 
Notification of preservation commission’s decision.
Notification of the historic preservation commission’s decision shall be made in writing to the applicant or the property owner(s) within fifteen (15) days after the final decision.
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002; Ordinance 04-12 adopted 2004; Ordinance 09-20 adopted 2009; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance 15-07 adopted 2015)
A. 
Any person who violates any provision of this section 16.16.220 shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment for a period not exceeding ninety (90) days. A violation exists whenever there is a performance of an act which is prohibited by the provisions of this section 16.16.220, or a failure to perform an act which is required by this section 16.16.220. Each day a violation exists shall be considered a separate offense.
B. 
In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to, or demolished in violation of this title, the town or any person may institute an appropriate action or proceeding in a court with competent jurisdiction to prevent such unlawful erection, construction, reconstruction, exterior alteration, addition or demolition, and the violating party shall pay all court costs and expenses, including reasonable attorney fees, if the court should find in favor of the town or persons suing on behalf of the town to enforce the provisions of this section 16.16.220.
(Ordinance 99-05 adopted 1999)
The historic overlay zone map, attached to the ordinance codified herein on file in the office of the town clerk, as amended, is hereby incorporated by reference.
(Ordinance 99-05 adopted 1999)
This section 16.16.225 shall be known and may be cited as the town medical cannabis facilities overlay zone ordinance.
(Ordinance 16-16 adopted 2016)
The town council adopts this section 16.16.225 based upon the following findings of fact:
A. 
Because federal and state laws have prohibited the possession and sale of cannabis generally, cannabis sales have never been specifically addressed by town ordinance.
B. 
On March 13, 2007, the New Mexico state legislature passed Senate Bill 523 which created a limited exception from criminal liability under New Mexico state law (as opposed to federal law) for seriously ill persons who are in need of cannabis for specified medical purposes and who obtain and use medical cannabis under the limited, specified circumstances described in Senate Bill 523 and the implementing state statutes and administrative regulations.
C. 
The intent of Senate Bill 523 was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate, grow, use, and distribute cannabis without fear of criminal prosecution under New Mexico (as opposed to federal) law.
D. 
If medical cannabis dispensaries operating pursuant to Senate Bill 523 were allowed to be established and to operate without appropriate local regulation of their location, medical cannabis dispensaries might be established in areas that would conflict with the town’s comprehensive land use plan, be inconsistent with surrounding uses, or otherwise be detrimental to the public health, safety and welfare.
E. 
Nothing in this section 16.16.225 allows a person to:
1. 
Engage in conduct that endangers others or causes a public nuisance;
2. 
Possess, cultivate, grow, use, or distribute cannabis for any purpose other than for use as medical cannabis as authorized and limited by Senate Bill 523, and the implementing state statutes and administrative regulations;
3. 
Possess, cultivate, grow, use, or distribute cannabis that is otherwise illegal under applicable law; or
4. 
Engage in any activity related to the possession, cultivation, growing, use, or distribution of cannabis that is otherwise not permitted under the laws of the town or the State of New Mexico.
F. 
This section 16.16.225 is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort, and convenience of the town and the inhabitants thereof.
(Ordinance 16-16 adopted 2016)
Recognizing that there is a potential conflict between federal and state law with respect to the operation of medical cannabis dispensaries, it is the purpose of this section 16.16.225 to:
A. 
Mitigate potential negative impacts that a medical cannabis dispensary might cause on surrounding properties and persons.
B. 
Establish a nondiscriminatory mechanism by which the town can control, through appropriate regulation, the location of medical cannabis dispensaries within the town.
(Ordinance 16-16 adopted 2016)
The town council hereby finds, determines, and declares that it has the power to adopt this section 16.16.225 pursuant to New Mexico Statutes Annotated [chapter 3,] article 21, “Zoning Regulations”, and the powers contained in the town charter.
(Ordinance 16-16 adopted 2016)
As used in this section 16.16.225 the following words shall have the following meanings, unless the context clearly requires otherwise:
Adjacent.
Adjacent to or contiguous with the proposed location of a medical cannabis dispensary. Adjacency shall be determined without regard to the existence of a platted or dedicated public street or alley, and real property that would otherwise be determined to be adjacent to a proposed medical cannabis dispensary does not lose its adjacency by virtue of the existence of a platted or dedicated public street or alley.
Ground floor.
The floor of a structure at approximately the same elevation as the natural grade of the surrounding area.
Halfway house.
A group care facility for adults or juveniles who have been placed on probation or parole under applicable law.
Historic overlay zone.
The geographic area of the town identified as the historic overlay zone in this title.
Medical cannabis dispensary or dispensary.
The use of any property or structure within the town to distribute, transmit, give, dispense, or otherwise provide cannabis in any manner to patients or primary caregivers in accordance with Senate Bill 523 and the implementing state statutes and administrative regulations. These terms shall also include medical marijuana cultivation facilities and medical marijuana product manufacturing facilities.
Patient.
Has the meaning provided in Senate Bill 523.
Primary caregiver.
Has the meaning provided in Senate Bill 523.
Residential land use.
Has the meaning provided in section 16.08.020.3 of this title.
(Ordinance 16-16 adopted 2016)
Any person(s) wishing to establish a medical cannabis dispensary within the town must obtain all required town licenses and permits related to the establishment and operation of the facility, including, without limitation:
A. 
Any applicable development permits;
B. 
A town business license; and
C. 
A building permit, mechanical permit, plumbing permit, and/or electrical permit.
(Ordinance 16-16 adopted 2016)
A. 
Except as provided in subsection F of this section, no medical cannabis dispensary shall be located at a location that does not conform to the requirements of this section.
B. 
No medical cannabis dispensary shall be located within any zone except the C-2 general commercial zone, the HCPD highway corridor protection district or the M-1 light manufacturing zone.
C. 
In addition to the restriction imposed by subsection B of this section, no medical cannabis dispensary shall be located:
1. 
Within three hundred feet (300') of a licensed childcare facility;
2. 
Within three hundred feet (300') of any educational institution, school, college or university, either public or private;
3. 
Within three hundred feet (300') of any halfway house;
4. 
Within any building or structure that contains a residential unit; or
5. 
Within the historic overlay zone.
D. 
The distances described in subsection C of this section shall be computed by direct measurement from the nearest property line of the land used for childcare, school, college, university or halfway house to the nearest property line of the medical cannabis dispensary using a straight line. All distances must be verified and documented by a surveyor licensed in the State of New Mexico.
E. 
Each medical cannabis dispensary shall be operated from a permanent and fixed location. No medical cannabis dispensary shall be permitted to operate from a movable, mobile, or transitory location.
F. 
Subsection E of this section shall not prevent the physical delivery of medical cannabis to a patient or the patient’s primary caregiver at a location off of the premises of the permittee’s medical cannabis dispensary if:
1. 
The cannabis was lawfully purchased by the patient or the patient’s primary caregiver from the permittee’s medical cannabis dispensary;
2. 
The cannabis is delivered only to the patient or the patient’s primary caregiver;
3. 
The cannabis is delivered only by the permittee or an employee of the permittee;
4. 
The cannabis is delivered to a location within the town; and
5. 
The cannabis is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation.
G. 
The suitability of a location for a medical cannabis dispensary shall be determined at the time of the initial issuance of the permit for such dispensary. The fact that changes in the neighborhood that occur after the initial issuance of the permit might render the site unsuitable for a medical cannabis dispensary under this section shall not be grounds to suspend, revoke or refuse to renew the permit for such dispensary so long as the permit for the dispensary remains in effect.
H. 
No medical cannabis dispensary shall be operated as a “home occupation” as defined in this code.
(Ordinance 16-16 adopted 2016)
The provisions of this section 16.16.225 do not protect permittees, operators, employees, customers and clients of a permitted medical cannabis dispensary from prosecution pursuant to any laws that may prohibit the cultivation, sale, use, or possession of controlled substances. In addition, as of the date of the adoption of this section 16.16.225 the cultivation, sale, possession, distribution, and use of cannabis remain violations of federal and state law (except for conduct covered by Senate Bill 523), and this section 16.16.225 affords no protection against prosecution under such federal and state laws. Permittees, operators, employees, customers and clients of a permitted medical cannabis dispensary assume any and all risk and any and all liability arising or resulting from the operation of the dispensary under any state or federal law. Further, to the greatest extent permitted by law, any actions taken under the provisions of this section 16.16.225 by any public officer or officers, elected or appointed officials, employees, attorneys and agents of the town shall not become a personal liability of such person or of the town.
(Ordinance 16-16 adopted 2016)
The HD district is intended to promote and encourage the maintenance of existing and proposed healthcare facilities and their related uses in a manner that will establish and maintain reasonable balance between the need for orderly growth of healthcare facilities and the preservation and buffering of nearby residential areas. The district is intended to include generally the peripheral area of each healthcare facility where there is abutment or close proximity to nonhealthcare use.
(Ordinance 23-12 adopted 10/10/2023)
The development standards and permitted use requirements of the underlying zone C-2 as outlined in section 16.16.140.5 shall apply to a hospital overlay zone district. Plus, the following:
A. 
Height limitations.
Maximum building height for the hospital in HOZD development site shall not exceed forty-eight feet (48') in vertical height above median adjacent grade measured from the top of roof deck, excluding parapet and mechanical equipment.
B. 
Criteria.
All projects administratively approved under this section must meet the town's architectural design criteria for commercial businesses and large-scale development massing criteria for new construction, where applicable.
(Ordinance 23-12 adopted 10/10/2023)
The uses listed in this section 16.16.226.3 are hereby classified as permitted uses and upon issuance of an administrative permit by the code administrator or designee, such uses may be allowed in the HOZD:
A. 
Hospital.
B. 
Residential treatment center or group home.
C. 
Assisted living facility.
D. 
Medical offices.
E. 
Senior living facilities.
F. 
Use defined in healthcare facility.
G. 
Affordable housing.
(Ordinance 23-12 adopted 10/10/2023)
The application procedure shall follow chapters within 16.12.040 of this title.
(Ordinance 23-12 adopted 10/10/2023)
Site development standards shall conform to the requirements of section 16.16.140.5 of this chapter as well as all applicable performance standards outlined in chapter 16.20 of this title.
(Ordinance 23-12 adopted 10/10/2023)
As used in this section 16.16.226 the following word shall have the following meanings, unless the context clearly requires otherwise.
Healthcare facilities.
Are places that provide health care. They include hospitals, clinics, outpatient care centers, and specialized care centers, providing medical services to beneficiaries (e.g., hospital, skilled nursing facility, home health agency, outpatient physical therapy, comprehensive outpatient rehabilitation facility, end-stage renal disease facility, hospice, physician, nonphysician provider, laboratory, supplier, etc.).
(Ordinance 23-12 adopted 10/10/2023)
A. 
Intent.
The intent of the TND district is to enable, encourage and qualify the implementation of the following policies:
1. 
The region.
a. 
The region should retain its natural infrastructure and visual character derived from topography, farmlands, acequias, and arroyos.
b. 
Growth strategies should encourage infill and redevelopment.
c. 
Development contiguous to urban areas should be structured in the TND pattern and be integrated with the existing urban pattern.
d. 
Development noncontiguous to urban areas should be organized in the pattern of TND.
e. 
Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty.
f. 
Transportation corridors should be planned and reserved in coordination with land use.
g. 
Green corridors should be used to define and connect the urbanized areas.
h. 
The region should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to the automobile.
2. 
The community.
a. 
TNDs shall be compact, pedestrian oriented and mixed use.
b. 
TNDs should be the preferred pattern of development and that districts specializing in a single use should be the exception.
c. 
Ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive.
d. 
Interconnected networks of thoroughfares should be designed to disperse and reduce the length of automobile trips.
e. 
Within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.
f. 
Appropriate building densities and land uses should be provided within walking distance of transit stops.
g. 
Civic, institutional, and commercial activity should be embedded in town centers, not isolated in remote single use complexes.
h. 
A range of civic space including parks, plazas, plazuelas and playgrounds should be distributed within neighborhoods and town centers.
3. 
The block and the building.
a. 
Buildings and landscaping should contribute to the physical definition of thoroughfares as civic places.
b. 
Development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas.
c. 
The design of thoroughfares and buildings should reinforce safe environments, but not at the expense of accessibility.
d. 
Architecture and landscape design should grow from local climate, topography, history, and building practice.
e. 
Buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods.
f. 
Civic buildings and public gathering places should be provided as locations that reinforce community identity.
g. 
Civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the town.
h. 
The preservation and renewal of historic buildings should be facilitated, to affirm the continuity and evolution of society.
i. 
The harmonious and orderly evolution of urban areas should be secured through form based codes.
B. 
Purpose.
The purpose of the TND district is to implement traditional neighborhood plans adopted by resolution of the town council.
(Ordinance 09-01 adopted 2009)
There is hereby created a committee denominated as the consolidated review committee (CRC). The CRC shall act as an advisory committee to the code administrator. The composition and administrative rules of procedure of the CRC shall be established by resolution of the town council and may be amended from time to time by council resolution.
(Ordinance 09-01 adopted 2009)
A. 
Traditional neighborhood plan approval.
As hereinafter more specifically provided, such plans shall meet the following criteria:
1. 
A traditional neighborhood plan should be assigned to neighborhood areas that are predominantly residential with one or more mixed use corridors or centers.
2. 
A traditional neighborhood plan shall encompass one or more standard, linear, or network pedestrian sheds. Each pedestrian shed shall be no fewer than forty (40) acres and no more than one hundred sixty (160) acres. A network pedestrian shed may be oriented around one or more existing or planned common destinations.
3. 
A traditional neighborhood plan shall include one or more maps showing the following, in compliance with the standards provided by this section 16.16.230:
a. 
Borders.
The border(s) of the pedestrian shed(s).
b. 
Proposed transect zones.
Proposed transect zones within each pedestrian shed, planned according to an analysis of existing conditions and future needs. The proposed transect zones at the edges of a traditional neighborhood plan should blend into adjacent neighborhoods and/or a downtown without buffers. Transects shall be allocated according to the parameters specified in section 16.16.230.11, table 12, item A of this chapter. The allocation of transect zones within the pedestrian shed does not include land designated for thoroughfares or civic zones.
c. 
Proposed civic zones.
Civic zones shall contain civic spaces and/or civic buildings (see subsection 16.16.230.9.B of this chapter). The total of all civic zones should be at least five percent (5%) of the pedestrian shed but not more than twenty percent (20%). Any parcel or contiguous parcels identified as a civic zone should not occupy more than twenty percent (20%) of the gross area of a pedestrian shed, otherwise the parcel or parcels are subject to the creation of a special district. Each pedestrian shed should include at least one main civic space as identified by section 16.16.230.11, table 11, item C, “Parque Comunal”, or table 11, item D, “Plaza”, of this chapter. The main civic space should be located within eight hundred feet (800') of the geographic center of the pedestrian shed, unless topographic conditions, preexisting thoroughfare alignments or other circumstances prevent such location. One civic building lot should be identified for future development of a childcare center. At least one civic space designed and equipped as a playground should be identified within at least one thousand feet (1,000') of every proposed lot within the T-3, T-4, and T-5 transect zones. Civic buildings should be located within or adjacent to a civic space, or at the axial termination of a significant thoroughfare.
d. 
Thoroughfare network.
A thoroughfare network, existing or planned (section 16.16.230.11, tables 2A, 2B, and 2C of this chapter). A bicycle network consisting of bicycle trails, routes, and bicycle lanes should be provided throughout the pedestrian shed. The proposed thoroughfare and bicycle networks should connect to the existing or proposed regional network wherever possible.
e. 
Map.
A map identifying the field verification of existing infrastructure and utilities.
f. 
Water, sewer improvements.
Proposed domestic water, sanitary sewer, and storm drainage facility improvements.
g. 
Special districts.
Special districts, if any (subsection 16.16.230.9.C of this chapter).
h. 
Record of warrants and variances.
A record of warrants and variances, if applicable.
i. 
Record of existing nonconforming conditions.
A record of existing conditions within the plan area that are nonconforming and may prohibit compliance with the TND district requirements.
B. 
Rezoning.
1. 
Traditional neighborhood plan required.
Parcels of land may only be eligible for rezoning to the transect zones of the TND district following the adoption of a traditional neighborhood plan by resolution of the town council. Any updates to an adopted traditional neighborhood plan shall be approved by town council resolution. Any rezoning of land to the transect zones of the TND district shall be by ordinance. The rezoning ordinance shall include a regulating map or maps, which shall designate transect zones applicable to individual parcels within the rezoned area. The regulating map or maps should conform to the proposed transect zones of the traditional neighborhood plan.
2. 
Site plan requirements exempt.
The initial rezoning of lands within the traditional neighborhood plan shall be exempt from site plan requirements of this code.
3. 
Traffic study.
Prior to the rezoning to the transect zones of the TND district, a traffic impact report of the regulating map or maps shall be prepared only for existing and planned intersections located at the borders of the pedestrian shed(s).
4. 
Town review.
Prior to rezoning to the transect zones of the TND district, the applicable departments of the town shall furnish to the planning and zoning commission and the town council written comments regarding the proposed domestic water, sanitary sewer, and storm drainage facility improvements identified in the traditional neighborhood plan.
5. 
Relevant standards.
Upon rezoning to the TND district, the use, improvement and design of individual parcels shall be in accordance with the applicable transect zone or zones delineated by the regulating map or maps.
Upon rezoning to the TND district, a property owner may process subdivision or platting in accordance with this code, however, design and development standards of the TND district and applicable regulating map or maps will control the design and improvement of the subdivision or plat.
C. 
Special area plan.
The owner or owners of ten (10) contiguous acres or more within a TND district regulating map may prepare a special area plan as defined herein. In consultation with the code administrator, a special area plan may propose the assignment of new transect zones, civic zones, thoroughfares, and special districts (if any), with appropriate transitions to abutting transects or parcels. A special area plan shall include the same requirements as a traditional neighborhood plan, wherever applicable, and any rezoning of land within the special area plan shall be approved by the same process as a traditional neighborhood plan.
D. 
Rezoning of transect zones in the TND district.
Following the rezoning of lands to the transect zones of the TND district, an applicant may apply to the code administrator for a zone change to another transect zone. The applicant must demonstrate how the proposed zone change complies with all the requirements of the TND district and applicable transect zone. The applicant shall submit all requirements of subsection 16.16.230.10.A.2 of this chapter.
An applicant may only apply for a zone change to another transect zone provided that the proposed transect zone does not exceed the minimum or maximum requirements for the allocation of each transect zone as identified in section 16.16.230.11, table 12, item A of this chapter. The application will be heard as outlined in this code.
E. 
Building scale and site plan approval.
After rezoning to the TND district, applicants may apply for building scale and site plan approval (see section 16.16.230.10 of this chapter).
Building scale and site plans should be consistent with the thoroughfare configurations, block sizes, and the types and locations of civic zones illustrated in the traditional neighborhood plan. If the code administrator determines that the building scale and site plans meet the requirements of the applicable transects zones and the applicable regulating map or maps, then the application shall be administratively approved. Following this approval, the applicant is then eligible to apply for building permits.
F. 
Variance.
In the event that the code administrator determines an application is out of compliance with the provisions of the TND district or the regulating map or maps, then the applicant shall either revise the application or seek variance approval in accordance with the provisions of this code.
G. 
Zoning compliance and certificate of occupancy.
After completion of construction of approved development, but before issuance of a certificate of occupancy, applicant shall demonstrate to the code administrator that the project, as built, complies with this TND district and applicable regulating map or maps, approved subdivision map or plat, and with applicable parking, parking location, landscape, signage, density, architectural, and lighting standards as provided hereof.
(Ordinance 09-01 adopted 2009)
A. 
Administrative warrants, town council discretionary warrants, and variances.
There shall be three (3) types of deviation from the requirements of this TND district: administrative warrants, town council discretionary warrants, and variances. Whether a deviation requires an administrative warrant, a town council discretionary warrant, or a variance shall be determined by the code administrator.
B. 
Administrative warrant.
An administrative warrant may be granted by the code administrator for a deviation of less than ten percent (10%) of a specific dimensional development standard. The applicant shall provide scaled drawings and calculations that illustrate the deviation and a written justification for the administrative warrant.
C. 
Town council discretionary warrant for civic space and civic buildings.
A town council discretionary warrant shall be limited to issues such as the size, location and design of civic spaces and the design and development of civic buildings (see section 16.16.230.11, tables 11 and 12 of this chapter). An application for a town council discretionary warrant must be reviewed by the planning and zoning commission during a preliminary and final public hearing. The planning and zoning commission may recommend approval, approval with conditions, or deny an application for a town council discretionary warrant. Having reviewed the application for a town council discretionary warrant, the planning and zoning commission will make a recommendation to the town council.
D. 
Variance.
All variances shall be processed and conform to the requirements of this code and New Mexico law.
E. 
Warrant or variance requests.
The request for a town council discretionary warrant or for a variance shall not subject the entire application to public hearing, but only that portion necessary to rule on the specific issue for which relief is sought.
F. 
Development standards.
The standards for the transect zones are set forth in sections 16.16.230.9, 16.16.230.10 and 16.16.230.11 of this chapter. Projects that require no variances, a town council discretionary warrant, or a conditional use permit shall be processed administratively by the code administrator.
(Ordinance 09-01 adopted 2009)
A. 
Appeal process.
Any person or public entity aggrieved by a decision of the code administrator may appeal the decision of the code administrator to the planning and zoning commission and may appeal a decision of the planning and zoning commission to the town council. The time for appeal and the process of appeals shall be in accordance with this code. The sole issue on such appeal shall be whether or not the application conforms to the applicable transect zone standards and regulating map or maps.
B. 
Determinations subject to appeal.
Determinations on an administrative warrant, town council discretionary warrant or variance requests are subject to appeal under the provisions of this code.
(Ordinance 09-01 adopted 2009)
Should a violation of an approved regulating map occur during construction, or should any construction, site work, or development be commenced without an approved regulating map, the code administrator shall require the applicant to stop, remove, and/or mitigate the violation, or to require the applicant to secure a variance to cover the violation.
(Ordinance 09-01 adopted 2009)
A. 
Applicability.
1. 
When the provisions of this TND district are in conflict with provisions of this code, or with other codes or ordinances of the town (except for public safety codes such as the town adopted uniform building, fire, plumbing, mechanical and similar codes or with overriding provisions of state or federal law) then the provisions of the TND district shall take precedence.
2. 
This code and the TND district shall be the mandatory land use code for areas designated as TND district on the zoning map for the town.
3. 
Terms used throughout this section 16.16.230 may be hereinafter defined in section 16.16.230.12, “Definitions of terms”, of this chapter. Section 16.16.230.12 of this chapter contains regulatory language that is integral to this TND district.
4. 
The metrics of section 16.16.230.11, “Standards and tables”, of this chapter are an integral part of this TND district. However, the diagrams and illustrations that accompany them should be considered guidelines, with the exception of those on section 16.16.230.11, table 13A, “Form Based Code Graphics - T-2”, of this chapter which are also legally binding.
5. 
Where in conflict, numerical metrics shall take precedence over graphic metrics. Where a conflict exists between text and metrics, the text shall take precedence.
(Ordinance 09-01 adopted 2009)
(Ordinance 09-01 adopted 2009)
A. 
Transect zones.
The TND district includes transect zones. Transects zones are zoning classifications that control the use and development of property in accordance with the standards of this section and sections 16.16.230.10, 16.16.230.11, and 16.16.230.12 of this chapter. There are five (5) transect zones in the TND district. They are T-1, T-2, T-3, T-4, and T-5. The T-5 transect zone includes two (2) categories. They are T-5a and T-5b.
B. 
Civic zones.
1. 
Civic space.
a. 
Civic spaces shall be planned and designed as described in section 16.16.230.11, table 11 of this chapter, their type determined by the surrounding or adjacent transect zone in conjunction with the traditional neighborhood plan.
b. 
Civic spaces shall be permitted by town council discretionary warrant.
2. 
Civic buildings.
a. 
Civic buildings shall not be subject to the requirements of section 16.16.230.10 of this chapter. The particulars of their design shall be determined by town council discretionary warrant and in accordance with the architectural standards of this code.
C. 
Special districts.
Areas that, by their intrinsic size, function, or configuration, cannot conform to the requirements of any transect zone or combination of transect zones may be designated as special districts in the process of preparing or amending a traditional neighborhood plan and the corresponding regulating map or maps. Development within an approved special district shall be by conditional use permit. The application for conditional use permit shall contain the information required by subsections 16.16.230.10.A.2 and A.3 of this chapter as well as any additional information required by the code administrator to aid in analysis of the consistency of the use permit development application with the provisions of the approved special district.
D. 
Thoroughfare standards.
All new thoroughfares shall conform to the requirements of section 16.16.230.11, table 2C of this chapter. All new thoroughfares shall terminate at other thoroughfares forming a network. Dead end thoroughfares are not permitted. The standards for thoroughfares within a special district shall be determined by conditional use permit.
E. 
Nonconformities.
Nonconformities of use and structure shall be subject to this code.
(Ordinance 09-01 adopted 2009)
A. 
Instructions.
1. 
Lots and buildings located within a TND district shall be subject to the requirements of this TND district.
2. 
Building scale and site plans shall show the following, in compliance with the standards described in this TND district:
a. 
Building disposition.
b. 
Building configuration.
c. 
Building function.
d. 
Compliance with architectural standards.
e. 
Compliance with parking location standards.
Such plans require administrative approval by the code administrator prior to construction. Such approval shall be granted by the code administrator if the plans comply with all applicable regulating map or maps and the standards of the TND district (see section 16.16.230.3 of this chapter) and the standards of this code.
3. 
A certificate of occupancy shall be issued provided that the project as constructed meets all building code and related requirements and the constructed project meets the following additional standards of this section (see section 16.16.230.3 of this chapter):
a. 
Landscape standards.
b. 
Signage standards.
c. 
Lighting standards.
B. 
Specific to T-1 natural zone.
1. 
Buildings in the T-1 natural zone may be permitted by conditional use permit and only as an edge yard (see section 16.16.230.11, table 7, item A and table 12, item I of this chapter).
C. 
Building disposition.
1. 
Specific to zone T-2:
Building disposition shall be determined by conditional use permit and only as an edge yard (see section 16.16.230.11, table 7, item A, table 12, item I, and table 13A of this chapter).
2. 
Specific to zones T-3, T-4, T-5:
a. 
Newly platted lots shall be dimensioned according to section 16.16.230.11, table 12, item F and tables 13B through 13E of this chapter.
b. 
Building disposition types shall be as shown in section 16.16.230.11, table 7 of this chapter.
c. 
Buildings shall be disposed in relation to the boundaries of their lots according to section 16.16.230.11, table 12, item G and tables 13B through 13E of this chapter.
d. 
One principal building at the frontage and one outbuilding to the rear of the principal building may be built on each lot as shown in section 16.16.230.11, table 15, item C of this chapter.
e. 
Lot coverage by all buildings shall not exceed that recorded in section 16.16.230.11, table 12, item F and tables 13B through 13E of this chapter.
f. 
Facades shall be built along a minimum percentage of the frontage length at the setback, as specified in section 16.16.230.11, table 12, item G and tables 13B through 13E of this chapter.
g. 
Setbacks for principal buildings shall be as shown in section 16.16.230.11, table 12, item G and tables 13B through 13E of this chapter. In the case of an infill lot, setbacks shall match one of the existing adjacent setbacks.
h. 
Rear setbacks for outbuildings shall be a minimum of twelve feet (12') measured from the centerline of the rear alley or rear lane easement. In the absence of rear alley or rear lane, the rear setback shall be as shown in section 16.16.230.11, table 12, item H and tables 13B through 13E of this chapter.
3. 
Specific to zone T-5:
The principal entrance shall be on a frontage line.
D. 
Building configuration.
1. 
General to zones T-2, T-3, T-4, T-5:
a. 
The private frontage of buildings shall conform to and be allocated in accordance with section 16.16.230.11, tables 5A and 5B and table 12, item J of this chapter.
b. 
Buildings on corner lots shall have two (2) private frontages as shown in section 16.16.230.11, table 15, item E of this chapter. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages.
c. 
Building heights and step backs shall conform to section 16.16.230.11, table 6 and table 12, item K of this chapter.
d. 
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function, which shall be a minimum of eleven feet (11') and may be a maximum of eighteen feet (18'). A single floor level exceeding fourteen feet (14'), or eighteen feet (18') at ground level, shall be counted as two (2) stories. Mezzanines extending beyond twenty-five percent (25%) of the floor area shall be counted as an additional story.
e. 
In a parking structure or garage, each level counts as a single story regardless of its relationship to habitable stories.
f. 
Height limits do not apply to attics, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads.
2. 
Specific to zones T-2, T-3, T-4, T-5:
The minimum size of a residential function within a principal building shall be four hundred fifty (450) square feet in interior space. The footprint of an outbuilding shall not exceed four hundred forty (440) square feet.
3. 
Specific to zone T-3:
a. 
No portion of the private frontage may encroach the sidewalk.
b. 
Open portals may encroach the first layer fifty percent (50%) of its depth (see section 16.16.230.11, table 15, item D of this chapter).
c. 
Balconies and bay windows may encroach the first layer twenty-five percent (25%) of its depth.
4. 
Specific to zone T-4:
a. 
Balconies, open portals, and bay windows may encroach the first layer fifty percent (50%) of its depth (see section 16.16.230.11, table 15, item D of this chapter).
b. 
Awnings may encroach the sidewalk to within two feet (2') of the curb but must clear the sidewalk vertically by at least eight feet (8').
5. 
Specific to zone T-5:
a. 
Awnings, public portals, and portals may encroach the sidewalk to within two feet (2') of the curb but must clear the sidewalk vertically by at least eight feet (8').
b. 
Balconies, bay windows, and terraces may encroach the first layer one hundred percent (100%) of its depth. Balconies and bay windows may encroach the sidewalk twenty-five percent (25%) of its depth (see section 16.16.230.11, table 15, item D of this chapter).
c. 
Loading docks and service areas may be permitted on frontages only by conditional use permit.
d. 
In the absence of a building facade along any part of a frontage line, a streetscreen shall be built coplanar with the facade.
e. 
Streetscreens shall be between three (3) and six feet (6') in height. The streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access.
E. 
Building function.
1. 
General to zones T-2, T-3, T-4, T-5:
Buildings in each transect zone shall conform to the functions identified in section 16.16.230.11, table 8, table 10 and table 12, item L of this chapter. Specific uses permitted by right or by conditional use permit are identified in section 16.16.230.11, table 10 of this chapter.
2. 
Specific to zones T-2, T-3:
Accessory functions of restricted lodging or restricted office shall be permitted within an outbuilding (see section 16.16.230.11, table 8 of this chapter).
3. 
Specific to zones T-4, T-5:
Accessory functions of limited lodging or limited office shall be permitted within an outbuilding (see section 16.16.230.11, table 8 of this chapter).
4. 
Specific to zone T-5:
a. 
First story commercial functions shall be permitted.
b. 
Manufacturing functions within the first story may be permitted by conditional use permit.
F. 
Parking calculations.
1. 
Specific to zones T-2, T-3:
Required parking for each lot shall be determined by the actual parking provided within the lot as applied to the functions permitted in section 16.16.230.11, table 8 of this chapter. The shared parking factor is not available.
2. 
Specific to zones T-4, T-5:
a. 
Required parking on a lot shall be determined by the sum of the actual parking calculated as that provided: 1) within the lot, 2) along the thoroughfare corresponding to the lot frontage, and 3) by purchase or lease from a civic parking reserve within the pedestrian shed, if available.
b. 
The actual parking may be adjusted according to the shared parking factor of section 16.16.230.11, table 9 of this chapter to determine the effective parking.
c. 
Based on the effective parking available, the density of the projected function shall be limited according to section 16.16.230.11, table 8 of this chapter.
d. 
The total density within each transect zone shall not exceed that specified by an approved regulating map or maps.
e. 
Liner buildings less than thirty feet (30') deep and no more than one story may be exempt from parking requirements by conditional use permit.
G. 
Parking location standards.
1. 
General to zones T-2, T-3, T-4, T-5:
a. 
Parking shall be accessed by rear alleys or rear lanes when such are available.
b. 
Uncovered parking areas shall be masked from the frontage by a building or streetscreen.
c. 
For buildings on B-grids, open parking areas may be allowed unmasked on the frontage by conditional use permit.
2. 
Specific to zones T-2, T-3:
a. 
Uncovered parking areas may be provided within any layer. Driveways, drop-offs and unpaved parking areas may be located at the first lot layer (section 16.16.230.11, table 15, item D of this chapter).
b. 
Garages shall be located at the third lot layer except that side or rear entry types may be allowed in the first or second lot layer by conditional use permit.
3. 
Specific to zones T-3, T-4:
Driveways at frontages shall be no wider than ten feet (10') in the first layer.
4. 
Specific to zone T-4:
a. 
Uncovered parking areas shall be located at the second and third lot layers, except that driveways, drop-offs, and unpaved parking areas may be located at the first lot layer (section 16.16.230.11, table 15, item D of this chapter).
b. 
Garages shall be located at the third lot layer.
5. 
Specific to zone T-5:
a. 
All parking lots, garages, and parking structures shall be located at the second or third lot layer (section 16.16.230.11, table 15, item D of this chapter).
b. 
Vehicular entrances to parking lots, garages, and parking structures shall be no wider than twenty-four feet (24') at the frontage.
c. 
Pedestrian exits from all parking lots, garages, and parking structures shall be directly to a frontage line (i.e., not directly into a building) except underground garage levels which may be exited by pedestrians directly into a building.
d. 
Parking structures on A-grids shall have liner buildings lining the first and second stories.
e. 
A minimum of one bicycle rack shall be provided within the public or private frontage for every ten (10) vehicular parking spaces.
H. 
Landscape standards.
1. 
General to zones T-2, T-3, T-4, T-5:
a. 
Impermeable surface shall be confined to the ratio of lot coverage specified in section 16.16.230.11, table 12, item F of this chapter.
b. 
All applicants shall be required to remove all prohibited and noxious plants prior to receiving a certificate of occupancy. Noxious plants are identified in title 15, chapter 15.12 of this code.
c. 
All trees shall be a minimum of fifteen (15) gallon size and six feet (6') tall. Any tree less than two inches (2") caliper size shall be staked or guyed.
d. 
Artificial plants are not permitted.
e. 
Trees must provide a canopy with an understory height clearance of at least eight feet (8') for a sidewalk, path, bicycle lane, bicycle route, bicycle trail, or parking space, at least twelve feet (12') for thoroughfares and driveways, and fifteen feet (15') for loading spaces.
f. 
Landscape fabric (weed barrier) shall be used under vegetative or inorganic ground cover to inhibit the growth of weeds.
g. 
Water used in constructed water features such as fountains, streams, and ponds shall be recirculated.
2. 
Specific to zones T-2, T-3, T-4:
The first layer may not be paved, with the exception of driveways as specified in subsections G.2 and G.3 of this section (see section 16.16.230.11, table 15, item D of this chapter).
3. 
Specific to zone T-3:
a. 
A minimum of two (2) trees shall be planted within the first layer for each thirty feet (30') of frontage line or portion thereof (see section 16.16.230.11, table 15, item D of this chapter).
b. 
Trees may be of single or multiple species as shown in section 16.16.230.11, table 4 of this chapter.
c. 
Trees shall be naturalistically clustered.
d. 
Natural turf may be permitted not to exceed five hundred (500) square feet per half acre and if irrigated by a rainwater harvesting system approved by the code administrator.
4. 
Specific to zone T-4:
a. 
A minimum of one tree shall be planted within the first layer for each thirty feet (30') of frontage line or portion thereof (see section 16.16.230.11, table 15, item D of this chapter).
b. 
The species shall be a single species to match the species of street trees on the public frontage, or as shown in section 16.16.230.11, table 4 of this chapter.
c. 
Natural turf shall be permitted not to exceed five hundred (500) square feet per half acre if irrigated by a rainwater harvesting system approved by the code administrator.
5. 
Specific to zone T-5:
a. 
Trees shall not be required in the first layer.
b. 
At retail frontages, the spacing of trees may be irregular to avoid visually obscuring the shopfronts.
c. 
The first layer may be paved to match the pavement of the public frontage.
d. 
Natural turf shall be permitted not to exceed five hundred (500) square feet per half acre and if irrigated by a rainwater harvesting system approved by the code administrator.
I. 
Signage standards.
1. 
General to zones T-2, T-3, T-4, T-5:
a. 
There shall be no signage permitted additional to that specified in this section other than a “construction sign” or a real estate sign which shall be defined and permitted according to section 16.20.010.5 of this title.
b. 
The address number, no more than six inches (6") measured vertically, shall be attached to the building in proximity to the principal entrance or at a mailbox.
2. 
Specific to zones T-2, T-3:
Signage shall not be illuminated.
3. 
Specific to zones T-4, T-5:
Signage shall be externally illuminated, except that signage within the shopfront glazing may be neon lit. Illumination shall comply with title 15, chapter 15.28 of this code (night sky protection ordinance).
4. 
Specific to zones T-2, T-3, T-4:
One (1) blade sign for each nonresidential function may be permanently installed perpendicular to the facade within the first layer. Such a sign shall not exceed a total of four (4) square feet and shall clear eight feet (8') above the sidewalk.
5. 
Specific to zone T-5:
a. 
Blade signs, not to exceed six (6) square feet for each separate business entrance, may be attached to and should be perpendicular to the facade, and shall clear eight feet (8') above the sidewalk.
b. 
A single external permanent sign band may be applied to the facade of each building, providing that such sign does not exceed three feet (3') in height by any length.
6. 
Specific to zone T-5b:
Monument signs, not to exceed six feet (6') in height and four feet (4') in width, shall be permitted for each mixed use frontage. Such sign may contain the names of all tenant(s) or occupant(s) of the building and there shall be a maximum of one (1) monument sign per frontage.
J. 
Density calculations.
1. 
General to zone T-2, T-3, T-4, T-5:
a. 
Density shall be measured by the maximum lot coverage as specified in section 16.16.230.11, table 12, item F of this chapter.
b. 
Density for each transect zone shall be subject to further adjustment at the building scale as limited by section 16.16.230.11, tables 8 and 9 of this chapter.
K. 
Architecture standards.
1. 
General to zones T-3, T-4, T-5:
a. 
Building wall materials may be combined on each facade only horizontally, with the heavier below the lighter.
b. 
Streetscreens should be constructed of a material matching the adjacent building facade.
c. 
All openings, including portals, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.
d. 
Openings (fenestration) on the second story shall not exceed fifty percent (50%) of the total building wall area, with each facade being calculated independently.
e. 
Doors and windows that operate as sliders (those that move horizontally, not vertically) are prohibited along frontages.
f. 
Pitched roofs, if provided, shall be symmetrically sloped no less than six to twelve (6:12), except that portals and attached sheds may be no less than two to twelve (2:12).
g. 
The exterior finish material on all facades shall be limited to stucco, stone, wood siding, or cementitious siding.
h. 
Flat roofs shall be enclosed by parapets a minimum of forty-two inches (42") high, or as required to conceal mechanical equipment from view of the public frontage.
i. 
Balconies and portals shall be made of wood.
j. 
Fences or walls at the first lot layer shall be stuccoed or made from latillas. Fences at other layers may be of wood board or chainlink.
2. 
Standards mandatory.
The architectural design and site planning standards established by section 16.20.030 of this title shall be mandatory for all structures containing a nonresidential use.
L. 
Lighting standards.
1. 
All lighting shall comply with title 15, chapter 15.28 of this code (night sky protection ordinance).
2. 
General to all zones T-1, T-2, T-3, T-4, and T-5:
Streetlights shall be of a general type as illustrated in section 16.16.230.11, table 3C of this chapter.
3. 
Specific to zone T-1:
No lighting level measured at the building frontage line shall exceed 0.5 fc (footcandle).
4. 
Specific to zones T-2, T-3, T-4:
No lighting level measured at the building frontage line shall exceed 1.0 fc (footcandle).
5. 
Specific to zone T-5:
No lighting level.
(Ordinance 09-01 adopted 2009; Ordinance 17-07 adopted 2017)
TABLE 1. TRANSECT ZONE DESCRIPTIONS
This table describes the intent of each transect zone.
-Image-32.tif
TABLE 2A. PUBLIC FRONTAGES - GENERAL
The public frontage is the area between the private lot line and the edge of vehicular lanes.
-Image-33.tif
TABLE 2B. PUBLIC FRONTAGES - SPECIFIC
This table assembles prescriptions and dimensions for the public frontage elements, curbs, walkways, and planters, relative to specific thoroughfare types within transect zones. Item a of this table assembles all of the elements for the various thoroughfare types.
-Image-34.tif
TABLE 2C. THOROUGHFARE ASSEMBLIES
These thoroughfares are assembled from the elements that appear in tables 2A and 2B of this section. The key gives the thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability.
-Image-35.tif
THOROUGHFARE TYPES
Ramble (boulevard)
RM
Alameda (avenue)
AL
Calle (commercial street)
CL
Drive
DR
Paseo (street)
PO
Camino (road)
CM
Rear alley
RA
Rear lane
RL
Bicycle trail
BT
Bicycle lane
BL
Bicycle route
BR
Path
PT
Passage
PS
Callejon (commercial passage)
CN
Transit route
TR
RL-24-12
-Image-36.tif
 
RL-24-12
Thoroughfare type
Rear lane
Transect zone assignment
T-4, T-3
Right-of-way width
24 feet
Pavement width
12 feet
Movement
Yield movement
Design speed
10 mph
Pedestrian crossing time
3.5 seconds
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
Taper
Public frontage type
None
Walkway type
6 foot sidewalk
Planter type
None
Curb type
Inverted crown
Landscape type
None
Transportation provision
None
RA-24-24
-Image-37.tif
 
RA-24-24
Thoroughfare type
Rear alley
Transect zone assignment
T-5, T-4
Right-of-way width
24 feet
Pavement width
24 feet
Movement
Slow movement
Design speed
10 mph
Pedestrian crossing time
6.5 seconds
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
Taper
Public frontage type
None
Walkway type
None
Planter type
None
Curb type
Inverted crown
Landscape type
None
Transportation provision
None
CM-16-16
-Image-38.tif
 
CM-16-16
Thoroughfare type
Camino (road)
Transect zone assignment
T-3, T-2
Right-of-way width
16 feet
Pavement width
16 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
4.4 seconds
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
8 feet
Public frontage type
a, b, c
Walkway type
Path optional
Planter type
None
Curb type
Swale
Landscape type
Opportunistic
Transportation provision
 
CM-28-22
-Image-39.tif
 
CM-28-22
Thoroughfare type
Camino (road)
Transect zone assignment
T-3, T-2
Right-of-way width
28 feet
Pavement width
22 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
 
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
10 feet
Public frontage type
a, b, c
Walkway type
3 foot path optional, 1 side
Planter type
None
Curb type
Swale
Landscape type
Opportunistic
Transportation provision
BR
CM-36-24
-Image-40.tif
 
CM-36-24
Thoroughfare type
Camino (road)
Transect zone assignment
T-3, T-2
Right-of-way width
36 feet
Pavement width
24 feet
Movement
Free movement
Design speed
25 mph
Pedestrian crossing time
 
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
10 feet
Public frontage type
a, b, c
Walkway type
6 foot path 1 side, minimum
Planter type
6 foot continuous planter 1 side
Curb type
Swale
Landscape type
Opportunistic
Transportation provision
BR
CM-37-28
-Image-41.tif
 
CM-37-28
Thoroughfare type
Camino (road)
Transect zone assignment
T-3, T-2
Right-of-way width
37 feet
Pavement width
28 feet
Movement
Slow movement
Design speed
25 mph
Pedestrian crossing time
 
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
10 feet
Public frontage type
a, b, c
Walkway type
4 foot path 1 side, minimum
Planter type
4 foot continuous planter optional
Curb type
Swale
Landscape type
Opportunistic
Transportation provision
BL
CM-41-32
-Image-42.tif
 
CM-41-32
Thoroughfare type
Camino (road)
Transect zone assignment
T-3, T-2
Right-of-way width
41 feet
Pavement width
32 feet
Movement
Free movement
Design speed
25 mph
Pedestrian crossing time
 
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
15 feet
Public frontage type
a, b, c
Walkway type
4 foot path optional
Planter type
Continuous tree lawn optional
Curb type
Curb
Landscape type
Opportunistic
Transportation provision
BL
PO-30-20
-Image-43.tif
 
PO-30-20
Thoroughfare type
Paseo (street)
Transect zone assignment
T-4, T-3
Right-of-way width
30 feet
Pavement width
20 feet
Movement
Yield movement
Design speed
20 mph
Pedestrian crossing time
5.4 seconds
Traffic lanes
2 lanes
Parking lanes
1 side
Curb radius
8 feet
Public frontage type
b, c, e
Walkway type
5 foot sidewalk
Planter type
None
Curb type
Swale
Landscape type
Opportunistic
Transportation provision
 
PO-33-23
-Image-44.tif
 
PO-33-23
Thoroughfare type
Paseo (street)
Transect zone assignment
T-4, T-3
Right-of-way width
33 feet
Pavement width
23 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
6.3 seconds
Traffic lanes
2 lanes
Parking lanes
1 side
Curb radius
10 feet
Public frontage type
a, b, c, e
Walkway type
5 foot sidewalk
Planter type
None
Curb type
Swale
Landscape type
Trees clustered at 30 feet on center average
Transportation provision
BR
PO-40-33
-Image-45.tif
 
PO-40-33
Thoroughfare type
Paseo (street)
Transect zone assignment
T-5, T-4
Right-of-way width
40 feet
Pavement width
33 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
18.5 seconds
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
7 feet
Public frontage type
c, d, e, f
Walkway type
3.5 foot sidewalk
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BL, TR
PO-51-28
-Image-46.tif
 
PO-51-28
Thoroughfare type
Paseo (street)
Transect zone assignment
T-4, T-3
Right-of-way width
51 feet
Pavement width
28 feet
Movement
Free movement
Design speed
20 mph
Pedestrian crossing time
 
Traffic lanes
2 lanes
Parking lanes
None
Curb radius
10 feet
Public frontage type
a, b, c, e
Walkway type
4 foot sidewalk
Planter type
Continuous tree lawn
Curb type
Curb
Landscape type
Trees clustered at 30 feet on center average
Transportation provision
BL, TR
CL-46-34
-Image-47.tif
 
CL-46-34
Thoroughfare type
Calle (commercial street)
Transect zone assignment
T-5, T-4
Right-of-way width
46 feet
Pavement width
34 feet
Movement
Free movement
Design speed
20 mph
Pedestrian crossing time
9.3 seconds
Traffic lanes
2 lanes
Parking lanes
Both sides
Curb radius
10 feet
Public frontage type
c, d, e, f
Walkway type
6 foot sidewalk
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BL, TR
CL-74-52
-Image-48.tif
 
CL-74-52
Thoroughfare type
Calle (commercial street)
Transect zone assignment
T-5
Right-of-way width
74 feet
Pavement width
52 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
14.2 seconds
Traffic lanes
2 lanes
Parking lanes
Both sides - parallel and diagonal
Curb radius
10 feet
Public frontage type
d, e, f
Walkway type
11 foot sidewalk
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BR
CL-80-58
-Image-49.tif
 
CL-80-58
Thoroughfare type
Calle (commercial street)
Transect zone assignment
T-5
Right-of-way width
80 feet
Pavement width
58 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
15.8 seconds
Traffic lanes
2 lanes
Parking lanes
Both sides - diagonal
Curb radius
10 feet
Public frontage type
d, e, f
Walkway type
11 foot sidewalk
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BR
CL-62-52
-Image-50.tif
 
CL-62-52
Thoroughfare type
Calle (commercial street)
Transect zone assignment
T-5, T-4
Right-of-way width
62 feet
Pavement width
52 feet
Movement
Slow movement
Design speed
20 mph
Pedestrian crossing time
14.2 seconds
Traffic lanes
2 lanes
Parking lanes
8 feet
Curb radius
10 feet
Public frontage type
c, d, e, f
Walkway type
5 foot sidewalk desirable
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BL, TR
AL-84-61
-Image-51.tif
 
AL-84-61
Thoroughfare type
Alameda (avenue)
Transect zone assignment
T-5
Right-of-way width
84 feet
Pavement width
61 feet
Movement
Free movement
Design speed
35 mph
Pedestrian crossing time
20 seconds
Traffic lanes
4 lanes
Parking lanes
None
Curb radius
15 feet
Public frontage type
d, e, f
Walkway type
5.5 foot sidewalk
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BL, TR
AL-100-56
-Image-52.tif
 
AL-100-56
Thoroughfare type
Alameda (avenue)
Transect zone assignment
T-5
Right-of-way width
100 feet
Pavement width
56 feet
Movement
Free movement
Design speed
35 mph
Pedestrian crossing time
18.5 seconds
Traffic lanes
2 lanes and 1 turning lane
Parking lanes
8 feet
Curb radius
12 feet
Public frontage type
d, e, f
Walkway type
18 foot sidewalk with portal
Planter type
None
Curb type
Curb
Landscape type
None
Transportation provision
BL, TR
RM-147-56
-Image-53.tif
 
RM-147-56
Thoroughfare type
Rambla (boulevard)
Transect zone assignment
T-5
Right-of-way width
147 feet
Pavement width
26 feet - 57 feet - 26 feet
Movement
Slow - free - slow movement
Design speed
20 - 45 - 20 mph
Pedestrian crossing time
33 seconds
Traffic lanes
4 lanes, 1 turning lane and 2 one-way slip roads
Parking lanes
8 feet
Curb radius
12 feet
Public frontage type
d, e, f
Walkway type
8 foot sidewalk
Planter type
4 foot optional tree well
Curb type
Curb
Landscape type
Trees at 30 foot on center average in center median
Transportation provision
BL, TR
TABLE 3A. VEHICULAR LANE DIMENSIONS
This table assigns lane widths to transect zones. The design ADT (average daily traffic) is the determinant for each of these sections. The most typical assemblies are shown in table 3B of this section. Specific requirements for truck and transit bus routes and truck loading shall be determined by conditional use permit.
TABLE 3A. VEHICULAR LANE DIMENSIONS
Design Speed
Travel Lane Width
T-1
T-2
T-3
T-4
T-5
Below 20 mph
8 feet
R
R
R
C
 
20 - 25 mph
9 feet
R
R
R
R
C
25 - 35 mph
10 feet
R
R
R
R
R
25 - 35 mph
11 feet
R
R
 
 
R
Above 35 mph
12 feet
R
R
 
 
R
Design Speed
Parking Lane Width
T-1
T-2
T-3
T-4
T-5
20 - 25 mph
(angle) 18 feet
 
 
 
 
R
20 - 25 mph
(parallel) 7 feet
 
 
 
R
 
25 - 35 mph
(parallel) 8 feet
 
 
R
R
R
Above 35 mph
(parallel) 9 feet
 
 
 
 
R
Design Speed
Effective Turning Radius1
T-1
T-2
T-3
T-4
T-5
Below 20 mph
5 - 10 feet
 
 
R
R
R
20 - 25 mph
10 - 15 feet
R
R
R
R
R
25 - 35 mph
15 - 20 feet
R
R
R
R
R
Above 35 mph
20 - 30 feet
R
R
 
 
C
R
By right
C
By conditional use permit
Note:
1.
See table 15, item B of this section.
TABLE 3B. VEHICULAR LANE AND PARKING ASSEMBLIES
The projected design speeds determine the dimensions of the vehicular lanes and turning radii assembled for thoroughfares.
-Image-54.tif
TABLE 3C. PUBLIC LIGHTING
Lighting varies in brightness and also in the character of the fixtures according to transect zone. The table shows four (4) common types. All lighting plans shall comply with the town night sky protection ordinance, title 15, chapter 15.28 of this code.
-Image-55.tif
TABLE 4. PUBLIC PLANTING
The table shows five (5) common types of street tree shapes and their appropriateness with the transect zones. Refer to title 15, chapter 15.12 of this code for recommended and prohibited plant list.
-Image-56.tif
TABLE 5A. PRIVATE FRONTAGES
The private frontage is the area between the building facades and the lot lines.
-Image-57.tif
-Image-58.tif
TABLE 5B. PRIVATE FRONTAGE WALLS/FENCING
Wall/fencing requirements at frontage line.
-Image-59.tif
TABLE 6. BUILDING CONFIGURATION
A.
This table shows the configurations for different building heights for transect zones. N = maximum height as specified in table 12, item K of this section.
-Image-60.tif
 
1.
Building height shall be measured in number of stories, excluding attics. Height limits also do not apply to masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, and similar structures.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first story commercial function, which shall be a minimum of eleven feet (11') and may be a maximum of eighteen feet (18').
 
3.
Height shall be measured from the average of the enfronting sidewalk or frontage line to the uppermost eave of a main pitched floor (not of a dormer), or to the uppermost roof deck (not the top of parapet), of a flat roof.
TABLE 7. BUILDING DISPOSITION
This table approximates the location of the structure relative to the boundaries of each individual lot, establishing suitable basic building types for each transect zone.
A.
Edge yard: Specific types - single-family house, cottage, hacienda, urban villa. A building that occupies the center of its lot with setbacks on all sides. This is the least urban of types as the front yard sets it back from the frontage, while the side yards weaken the spatial definition of the thoroughfare. The rear yard can be secured for privacy by fences and a back building and/or outbuilding.
-Image-61.tif
B.
Side yard: Specific types - double house, zero lot line house, twin. A building that occupies one side of the lot with the setback to the other side. A shallow frontage setback defines a more urban condition. If the adjacent building is similar with a blank party wall, the yard can be quite private. This type permits systematic climate orientation in response to the sun or the breeze. If a side yard house abuts a neighboring side yard house, the type is known as a twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition.
-Image-62.tif
C.
Rear yard: Specific types - townhouse, live-work unit, loft building, apartment house, mixed use block, flex building, perimeter block. A building that occupies the full frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous facade steadily defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the row house. For its commercial form, the rear yard can accommodate substantial parking.
-Image-63.tif
D.
Courtyard: Specific types - compound, patio house. A building that occupies the boundaries of its lot while internally defining one or more private portals. This is the most urban type, as it is able to shield the private realm from all sides while strongly defining the public thoroughfare. Because of its ability to accommodate incompatible activities, masking them from all sides, it is recommended for workshops, lodging and schools. The high security provided by the continuous enclosure is useful for crime prone areas.
-Image-64.tif
E.
Specialized: A building that is not subject to categorization. Buildings dedicated to manufacturing and transportation are often distorted by the trajectories of machinery. Civic buildings, which may express the aspirations of institutions, may be included.
-Image-65.tif
TABLE 8. BUILDING FUNCTION; GENERAL
 
T-2, T-3
T-4
T-5
This table categorizes building function with transect zones. Parking requirements are correlated to functional intensity. For specific function and use permitted by right or conditional use permit, see table 10 of this section.
A. Residential
Restricted residential: The number of dwellings on each lot is restricted to 1 within a principal building and 1 within an accessory building, with 2.0 parking places for each dwelling. Both dwellings shall be under single ownership. The habitable area of the accessory dwelling shall not exceed 440 sq. ft.
Limited residential: The number of dwellings on each lot is limited by the requirement of 1.5 parking places for each dwelling, a ratio which may be reduced according to the shared parking factor (see table 9 of this section).
Open residential: The number of dwellings on each lot is limited by the requirement of 1.0 parking places for each dwelling, a ratio which may be reduced according to the shared parking factor (see table 9 of this section).
B. Lodging
Restricted lodging: The number of bedrooms available on each lot for lodging is limited by the requirement of 1.0 assigned parking place for each bedroom, up to 5, in addition to the parking requirement for the dwelling. The lodging must be owner or manager occupied. Food service may be provided in the a.m. The maximum length of stay is 10 days.
Limited lodging: The number of bedrooms available on each lot for lodging is limited by the requirement of 1.0 assigned parking place for each bedroom, up to 12, in addition to the parking requirement for the dwelling. The lodging must be owner or manager occupied. Food service may be provided in the a.m. The maximum length of stay is 10 days. Applicable in T-5a.
Open lodging: The number of bedrooms available on each lot is limited by the requirement of 1.0 parking places for each bedroom. Food service may be provided at all times. The area allocated for food service shall be calculated and provided with parking according to retail function.
C. Office
Restricted office: The building area available for office use on each lot is restricted to the first story of the principal or the accessory building and by the requirement of 3.0 assigned parking places per 1,000 sq. ft. of net office space in addition to the parking requirement for each dwelling.
Limited office: The building area available for office use on each lot is limited to the first story of the principal building and/or the accessory building, and by the requirement of 3.0 assigned parking places per 1,000 sq. ft. of net office space in addition to the parking requirement for each dwelling.
Open office: The building area available for office use on each lot is limited by the requirement of 2.0 assigned parking places per 1,000 sq. ft. of net office space.
D. Retail
Restricted retail: The building area available for retail use is restricted to 1 corner lot per block at the first story of each 300 dwelling units and by the requirement of 4.0 assigned parking places per 1,000 sq. ft. of net retail space in addition to the parking requirement for each dwelling. The specific use shall be further limited to neighborhood store or restaurant seating no more than 20.
Limited retail: The building area available for retail use is limited to the first story of buildings at corner lots, not more than 1 per block, and by the requirement of 4.0 assigned parking places per 1,000 sq. ft. of net retail space in addition to the parking requirement of each dwelling. The specific use shall be further limited to neighborhood store and restaurant seating no more than 40. Applicable in T-5a.
Open retail: The building area available for retail use is limited to the requirement of 3.0 assigned parking places per 1,000 sq. ft. of net retail space. Retail spaces under 1,500 sq. ft. are exempt from the parking requirement.
E. Civic
See table 10 of this section.
See table 10 of this section.
See table 10 of this section.
F. Other
See table 10 of this section.
See table 10 of this section.
See table 10 of this section.
TABLE 9. PARKING CALCULATIONS
The sum of the required parking for any two (2) functions listed in table 9A of this section, when divided by the appropriate shared parking factor in table 9B of this section, results in the actual parking required for each lot. Conversely, the actual parking may be multiplied by the shared parking factor to determine the effective parking credit that controls possible density.
TABLE 9A. REQUIRED PARKING
 
T-2, T-3
T-4
T-5
(See table 8 of this section.)
Residential
2.0/dwelling
1.5/dwelling
1.0/dwelling
Lodging
1.0/bedroom
1.0/bedroom
1.0/bedroom
Office
3.0/1,000 sq. ft.
3.0/1,000 sq. ft.
2.0/1,000 sq. ft.
Retail
4.0/1,000 sq. ft.
4.0/1,000 sq. ft.
3.0/1,000 sq. ft.
Civic
To be determined by the code administrator
Other
To be determined by the code administrator
TABLE 9B. SHARED PARKING FACTOR
-Image-66.tif
TABLE 10. SPECIFIC FUNCTION AND USE
 
T-2
T-3
T-4
T-5
This table expands the categories of table 8 of this section to delegate specific functions and uses within each transect zone.
A. Residential:
 
 
 
 
Flex building
 
 
R
R
Live-work unit
 
R
R
R
Mixed use block
 
 
 
R
B. Lodging:
 
 
 
 
Bed and breakfast (up to 5 rooms)
C
R
R
R
Hotel (no room limit)
 
 
 
R
Inn (up to 12 rooms)
C
 
R
R
SRO hostel
 
 
C
C
School dormitory
 
 
R
R
C. Office:
 
 
 
 
Live-work unit
 
R
R
R
Office building
 
 
R
R
D. Retail:
 
 
 
 
Display portal
 
 
R
R
Kiosk
 
 
R
R
Liquor selling establishment
 
 
C
R
Neighborhood store
 
 
R
R
Open market building
R
R
R
R
Pushcart
 
 
C
C
Restaurant
 
 
R
R
Retail building
 
 
R
R
E. Civic:
 
 
 
 
Bus shelter
 
R
R
R
Conference center
 
 
 
C
Fountain or public art
R
R
R
R
Library
 
 
R
R
Live theater
 
 
 
R
Movie theater
 
 
 
R
Museum
 
 
C
R
Outdoor auditorium
C
R
 
R
Parking structure
 
 
 
R
Passenger terminal
 
 
 
C
Playground
R
R
R
R
Religious assembly
R
R
R
R
Sports stadium
 
 
 
R
Surface parking lot
 
 
C
C
F. Other:
 
 
 
 
Agriculture:
 
 
 
 
Grain storage
R
 
 
 
Greenhouse
R
 
 
 
Irrigated agriculture
R
C
 
 
Kennel
R
C
 
 
Livestock pen
R
 
 
 
Stable
R
C
 
 
Automotive:
 
 
 
 
Drive-through facility
 
 
 
C
Gasoline
C
 
 
C
Rest stop
R
 
 
 
Roadside stand
R
 
 
 
Civic support:
 
 
 
 
Cemetery
R
C
C
 
Fire station
 
R
R
R
Funeral home
 
 
R
R
Hospital
 
 
 
C
Medical clinic
 
 
C
R
Police station
 
 
R
R
Education:
 
 
 
 
College
 
 
 
C
High school
 
 
C
C
Trade school
 
 
 
C
Elementary school
 
C
R
R
Childcare center
R
R
R
R
Industrial:
 
 
 
 
Electric substation
C
C
C
C
Heavy industrial facility
 
 
 
 
Light industrial facility
 
 
 
 
Manufacturing
 
 
 
R
Wireless transmitter
C
C
 
 
R
By right
C
By conditional use permit
TABLE 11. CIVIC SPACE
A.
Open space. A civic space that remains undeveloped as a natural preserve. Open space may be independent of surrounding building frontages. Its landscape shall consist of paths and trails, meadows, waterbodies, acequias, woodland and open shelters, all naturalistically disposed. Open space may be linear, following the trajectories of natural corridors. The minimum size shall be two (2) acres. Larger open space may be approved by conditional use permit.
-Image-67.tif
B.
Sports fields. A civic space that is designed and developed for structured recreation. The sports fields purpose is to consolidate highly programmed athletic fields to larger and fewer locations. The minimum size shall be two (2) acres and the maximum shall be twenty (20) acres.
-Image-68.tif
C.
Parque comunal. A civic space type that is a natural preserve available for unstructured recreation. A parque comunal may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of landscaping and trees, naturalistically disposed. The minimum size shall be one-fourth (1/4) acre and the maximum shall be eight (8) acres.
-Image-69.tif
D.
Plaza. A civic space type designed for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages, commonly with portals. Its landscape shall consist primarily of pavement. Trees, shrubs and ground covers are optional. Plazas should be located at the intersection of thoroughfares. The minimum size shall be one acre and the maximum shall be eight (8) acres.
-Image-70.tif
E.
Plazuela. A civic space type designed for unstructured recreation and civic purposes. A plazuela is spatially defined by building frontages. Its landscape shall consist primarily of pavement. Trees shall be formally disposed. The plazuela may include paths. Plazuelas should be located near neighborhood centers or interior to the residential block. The minimum size shall be one-fourth (1/4) acre and the maximum shall be five (5) acres.
-Image-71.tif
F.
Cemetery. A civic space dedicated to the burial of the dead, including mausoleums, necessary sales, and maintenance of such facilities and may include interment and civic gatherings. Mortuaries may be included when operated within the boundary of such cemetery. A cemetery should be walled. Cemeteries not associated with churches shall be spatially defined by building frontages. There shall be no minimum or maximum size. A cemetery may be permitted in T-5a by conditional use permit. A cemetery is not permitted in T-5b.
-Image-72.tif
G.
Playground. A civic space designed and equipped for the recreation of children. A playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included within open space, sports field, parque comunal, or plaza. There shall be no minimum or maximum size.
-Image-73.tif
TABLE 12. SUMMARY
-Image-74.tif
 
T-1 Natural Zone
T-2 Rural Zone
T-3 Suburban Zone
T-4 General Urban Zone
T-5a Neighborhood Center Zone
T-5b Urban Center Zone
SD Special District
A. Allocation of zones (per pedestrian shed) (see table 14 of this section):
CLD requires
50% min. T-1 and/or T-2
 
10 - 40%
5 - 20%
Not permitted
 
TND requires
No minimum
No minimum
10 - 30%
30 - 60%
10 - 30% T-5a or 5 - 20% T-5b
 
B. Base residential density (reserved):
By right
 
 
 
 
 
 
 
Other functions
 
 
 
 
 
 
 
C. Block size:
 
 
 
 
 
 
 
Block perimeter
No maximum
No maximum
3,600'
3,000'
1,400'
1,600'
 
D. Thoroughfares (see table 4 [2C] of this section):
RM
Not permitted
Not permitted
Permitted
Permitted
Permitted
Permitted
 
AL
Not permitted
Not permitted
Permitted
Permitted
Permitted
Permitted
 
CL
Not permitted
Not permitted
Not permitted
Not permitted
Permitted
Permitted
 
PO
Not permitted
Not permitted
Permitted
Permitted
Permitted
Permitted
 
CM
Permitted
Permitted
Permitted
Permitted
Not permitted
Not permitted
 
Rear lane
Permitted
Permitted
Permitted
Permitted
Not permitted
Not permitted
 
Rear alley
Not permitted
Not permitted
Permitted
Permitted
Required
Required
 
Path
Permitted
Permitted
Permitted
Permitted
Not permitted
Not permitted
 
Callejon
Not permitted
Not permitted
Permitted
Permitted
Permitted
Permitted
 
E. Civic spaces (see table 11 of this section):
Open space
Permitted
Permitted
Permitted
Conditional use permit
Conditional use permit
Conditional use permit
 
Sports field
Not permitted
Permitted
Permitted
Conditional use permit
Not permitted
Not permitted
 
Parque comunal
Not permitted
Not permitted
Permitted
Permitted
Not permitted
Not permitted
 
Plaza
Not permitted
Not permitted
Not permitted
Permitted
Permitted
Permitted
 
Plazuela
Not permitted
Not permitted
Not permitted
Permitted
Permitted
Permitted
 
Cemetery
Not permitted
Conditional use permit
Conditional use permit
Conditional use permit
Conditional use permit
Not permitted
 
Playground
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
 
F. Lot occupation:
Lot width
Not applicable
150' min.
60' min.
120' max.
30' min.
96' max.
30' min.
150' max.
18' min.
180' max.
 
Lot coverage
Not applicable
15% max.
60% max.
80% max.
95% max.
98% max.
 
G. Setback - principal building:
Front setback
Not applicable
48' max.
24' min.
0' min.
24' max.
0' min.
24' max.
0' min.
18' max.
 
Side setback
Not applicable
48' max.
12' min.
0' min.
0' min.
24' max.
0' min.
18' max.
 
Rear setback
Not applicable
24' min.
12' min.
3' min.
3' min.
3' min.
 
Frontage build-out
Not applicable
Not applicable
40% min. at setback
60% min. at setback
70% min. at setback
80% min. at setback
 
Frontage alignment
Not applicable
Not applicable
Not applicable
15% max.
15% max.
0% max.
 
Frontage wall/fence
Not applicable
Not applicable
60% min.
80% min.
100% min.
100% min.
 
Frontage wall opening
Not applicable
Not applicable
20' max.
12' max.
10' max.
10' max.
 
H. Setbacks - outbuilding:
Front setback
Not applicable
20' min. plus building setback
20' min. plus building setback
24' min. plus building setback
40' max. from rear property line
40' max. from rear property line
 
Side setback
Not applicable
3' or 6' min.
3' or 6' min.
0' or 3' min.
0' min.
0' min.
 
Rear setback
Not applicable
3' min.
3' min.
3' min.
3' max.
3' max.
 
I. Building disposition (see table 7 of this section):
Edge yard
Conditional use permit
Permitted
Permitted
Permitted
Not permitted
Not permitted
 
Side yard
Not permitted
Not permitted
Permitted
Permitted
Permitted
Permitted
 
Rear yard
Not permitted
Not permitted
Not permitted
Permitted
Permitted
Permitted
 
Courtyard
Not permitted
Not permitted
Not permitted
Permitted
Permitted
Permitted
 
J. Private frontages (see table 5A of this section):
Walled/ fenced yard
Not applicable
Permitted
Permitted
Permitted
Permitted
Permitted
 
Private portal
Not applicable
Permitted
Permitted
Permitted
Permitted
Permitted
 
Two-story portal
Not applicable
Permitted
Permitted
Permitted
Permitted
Permitted
 
Private portal below second story
Not applicable
Not permitted
Permitted
Permitted
Permitted
Permitted
 
Second story step back
Not applicable
Permitted
Permitted
Permitted
Permitted
Permitted
 
Portal over first story
Not applicable
Not permitted
Permitted
Permitted
Permitted
Permitted
 
0 setback
Not applicable
Not permitted
Not permitted
Permitted
Permitted
Permitted
 
Public portal
Not applicable
Not permitted
Not permitted
Not permitted
Permitted
Permitted
 
Second story public portal
Not applicable
Not permitted
Not permitted
Not permitted
Permitted
Permitted
 
Public portal below second story
Not applicable
Not permitted
Not permitted
Not permitted
Permitted
Permitted
 
K. Building configuration (see table 6 of this section):
Principal building
Not applicable
2 stories max.
2 stories max.
2 stories max.
2 stories max.
2 stories max.
 
Outbuilding
Not applicable
1 story max.
2 stories max.
2 stories max.
2 stories max.
2 stories max.
 
L. Building function (see tables 8 and 10 of this section):
Residential
Not applicable
Restricted use
Restricted use
Limited use
Open use
Open use
 
Lodging
Not applicable
Restricted use
Restricted use
Limited use
Limited use
Open use
 
Office
Not applicable
Restricted use
Restricted use
Limited use
Open use
Open use
 
Retail
Not applicable
Restricted use
Restricted use
Limited use
Limited use
Open use
 
TABLE 13A. FORM BASED CODE GRAPHICS - T-2
-Image-75.tif
(See table 1 of this section.)
Building function (see tables 8 and 10 of this section):
A. Residential
Restricted use
B. Lodging
Restricted use
C. Office
Restricted use
D. Retail
Restricted use
Building configuration (see table 6 of this section):
A. Principal building
2 stories maximum
B. Outbuilding
1 story maximum
Lot occupation (see table 12, item F of this section):
A. Lot width
150 feet minimum
B. Lot coverage
15% maximum
Building disposition (see table 7 of this section):
A. Edge yard
Permitted
B. Side yard
Not permitted
C. Rear yard
Not permitted
D. Courtyard
Not permitted
Setbacks - principal building (see table 12, item G of this section):
A. Front setback
48 feet maximum
B. Side setback
48 feet maximum
C. Rear setback
24 feet minimum
Frontage build-out
n/a
Frontage alignment
n/a
Frontage fence
n/a
Frontage fence opening
n/a
Setbacks - outbuilding (see table 12, item H of this section):
A. Front setback
20 feet minimum plus building setback
B. Side setback
3 feet or 6 feet minimum
C. Rear setback
3 feet or 23 feet minimum1
Private frontages (see table 5A of this section):
A. Walled/fenced yard
Permitted
B. Private portal
Permitted
C. Second story private portal
Permitted
D. Private portal below second story
Not permitted
E. Second story step back
Permitted
F. Portal over first story
Not permitted
G. 0 setback
Not permitted
H. - J. Public portals
Not permitted
Private frontage fencing (see table 5B of this section):
A. Wire
Permitted
B. Board
Permitted
C. Coyote/latilla
Permitted
D. Plastered wall
Not permitted
E. Banco
Not permitted
Refer to summary table 12 of this section.
Parking requirements (see tables 8 and 9 of this section)
Note:
1.
Or 15 feet from centerline of alley.
A.
Building configuration.
 
1.
Building height shall be measured in number of stories.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function which must be a minimum of eleven feet (11') with a maximum of eighteen feet (18').
 
3.
Height shall be measured to the eave or roof deck as specified on table 6 of this section.
-Image-76.tif
B.
Setbacks; principal building.
 
1.
The facades and elevations of principal buildings shall be distanced from the lot lines as shown.
 
2.
Facades shall be built along the principal frontage to the minimum specified width in the table.
-Image-77.tif
C.
Setbacks; outbuilding.
 
1.
The elevations of the outbuilding shall be distanced from the lot lines as shown.
-Image-78.tif
D.
Parking placement.
 
1.
Uncovered parking spaces may be provided within all layers as shown in the diagram (see table 15, item D of this section).
 
2.
Covered parking shall be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
3.
Trash containers shall be stored within the third layer.
-Image-79.tif
“N” stands for any stories above those shown, up to the maximum. Graphics are illustrative only. Refer to metrics for exact minimums and maximums.
TABLE 13B. FORM BASED CODE GRAPHICS - T-3
-Image-80.tif
(See table 1 of this section.)
Building function (see tables 8 and 10 of this section):
A. Residential
Restricted use
B. Lodging
Restricted use
C. Office
Restricted use
D. Retail
Restricted use
Building configuration (see table 6 of this section):
A. Principal building
2 stories maximum
B. Outbuilding
2 stories maximum
Lot occupation (see table 12, item F of this section):
A. Lot width
60' minimum, 120' maximum
B. Lot coverage
60% maximum
Building disposition (see table 7 of this section):
A. Edge yard
Permitted
B. Side yard
Permitted
C. Rear yard
Not permitted
D. Courtyard
Not permitted
Setbacks - principal building (see table 12, item G of this section):
A. Front setback
24 feet minimum
B. Side setback
12 feet minimum
C. Rear setback
12 feet minimum
Frontage build-out
40% minimum at setback
Frontage alignment
n/a
Frontage fence
60% minimum
Frontage fence opening
20 feet maximum
Setbacks - outbuilding (see table 12, item H of this section):
A. Front setback
20 feet minimum plus building setback
B. Side setback
3 feet or 6 feet minimum
C. Rear setback
3 feet minimum1
Private frontages (see table 5A of this section):
A. Walled/fenced yard
Permitted
B. Private portal
Permitted
C. Second story private portal
Permitted
D. Private portal below second story
Permitted
E. Second story step back
Permitted
F. Portal over first story
Permitted
G. 0 setback
Not permitted
H. - J. Public portals
Not permitted
Private frontage fencing (see table 5B of this section):
A. Wire
Not permitted
B. Board
Permitted
C. Coyote/latilla
Permitted
D. Plastered wall
Permitted
E. Banco
Permitted
Refer to summary table 12 of this section.
Parking requirements (see tables 8 and 9 of this section)
Note:
1.
Or 15 feet from centerline of alley.
A.
Building configuration.
 
1.
Building height shall be measured in number of stories.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function which must be a minimum of eleven feet (11') with a maximum of eighteen feet (18').
 
3.
Height shall be measured to the eave or roof deck as specified on table 6 of this section.
-Image-81.tif
B.
Setbacks; principal building.
 
1.
The facades and elevations of principal buildings shall be distanced from the lot lines as shown.
 
2.
Facades shall be built along the principal frontage to the minimum specified width in the table.
-Image-82.tif
C.
Setbacks; outbuilding.
 
1.
The elevations of the outbuilding shall be distanced from the lot lines as shown.
-Image-83.tif
D.
Parking placement.
 
1.
Uncovered parking spaces may be provided within all layers as shown in the diagram (see table 15, item D of this section).
 
2.
Covered parking shall be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
3.
Trash containers shall be stored within the third layer.
-Image-84.tif
“N” stands for any stories above those shown, up to the maximum. Graphics are illustrative only. Refer to metrics for exact minimums and maximums.
TABLE 13C. FORM BASED CODE GRAPHICS - T-4
-Image-85.tif
(See table 1 of this section.)
Building function (see tables 8 and 10 of this section):
A. Residential
Limited use
B. Lodging
Limited use
C. Office
Limited use
D. Retail
Limited use
Building configuration (see table 6 of this section):
A. Principal building
2 stories maximum
B. Outbuilding
2 stories maximum
Lot occupation (see table 12, item F of this section):
A. Lot width
30 foot minimum, 96 foot maximum
B. Lot coverage
80% maximum
Building disposition (see table 7 of this section):
A. Edge yard
Permitted
B. Side yard
Permitted
C. Rear yard
Permitted
D. Courtyard
Permitted
Setbacks - principal building (see table 12, item G of this section):
A. Front setback
0 feet minimum, 24 feet maximum
B. Side setback
0 feet minimum
C. Rear setback
3 feet minimum
Frontage build-out
60% minimum at setback
Frontage alignment
15% maximum2
Frontage fence
80% minimum
Frontage fence opening
12 feet maximum
Setbacks - outbuilding (see table 12, item H of this section):
A. Front setback
24 feet minimum plus building setback
B. Side setback
0 feet or 3 feet minimum
C. Rear setback
3 feet minimum1
Private frontages (see table 5A of this section):
A. Walled/fenced yard
Permitted
B. Private portal
Permitted
C. Second story private portal
Permitted
D. Private portal below second story
Permitted
E. Second story step back
Permitted
F. Portal over first story
Permitted
G. 0 setback
Permitted
H. - J. Public portals
Not permitted
Private frontage fencing (see table 5B of this section):
A. Wire
Not permitted
B. Board
Permitted
C. Coyote/latilla
Permitted
D. Plastered wall
Permitted
E. Banco
Permitted
 
Refer to summary table 12 of this section.
Parking requirements (see tables 8 and 9 of this section)
Notes:
1.
Or 15 feet from centerline of alley.
2.
From parallel with frontage line.
A.
Building configuration.
 
1.
Building height shall be measured in number of stories.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function which must be a minimum of eleven feet (11') with a maximum of eighteen feet (18').
 
3.
Height shall be measured to the eave or roof deck as specified on table 6 of this section.
-Image-86.tif
B.
Setbacks; principal building.
 
1.
The facades and elevations of principal buildings shall be distanced from lot lines as shown.
 
2.
Facades shall be built along the principal frontage to the minimum specific width in the table.
-Image-87.tif
C.
Setbacks; outbuilding.
 
1.
The elevations of the outbuilding shall be distanced from the lot lines as shown.
-Image-88.tif
D.
Parking placement.
 
1.
Uncovered parking spaces shall be located at the second or third lot layers as shown in the diagram (see table 15, item D of this section).
 
2.
Covered parking shall be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
3.
Trash containers shall be stored within the third layer.
-Image-89.tif
“N” stands for any stories above those shown, up to the maximum. Graphics are illustrative only. Refer to metrics for exact minimums and maximums.
TABLE 13D. FORM BASED CODE GRAPHICS - T-5a
-Image-90.tif
(See table 1 of this section.)
Building function (see tables 8 and 10 of this section):
A. Residential
Open use
B. Lodging
Limited use
C. Office
Open use
D. Retail
Limited use
Building configuration (see table 6 of this section):
A. Principal building
2 stories maximum
B. Outbuilding
2 stories maximum
Lot occupation (see table 12, item F of this section):
A. Lot width
30 foot minimum, 150 foot maximum
B. Lot coverage
95% maximum
Building disposition (see table 7 of this section):
A. Edge yard
Not permitted
B. Side yard
Permitted
C. Rear yard
Permitted
D. Courtyard
Permitted
Setbacks - principal building (see table 12, item G of this section):
A. Front setback
0 feet minimum, 24 feet maximum
B. Side setback
0 feet minimum, 24 feet maximum
C. Rear setback
3 feet minimum
Frontage build-out
70% minimum at setback
Frontage alignment
15% maximum2
Frontage fence
100% minimum
Frontage fence opening
10 feet maximum
Setbacks - outbuilding (see table 12, item H of this section):
A. Front setback
40 feet maximum from rear property line
B. Side setback
0 feet minimum
C. Rear setback
3 feet maximum1
Private frontages (see table 5A of this section):
A. Walled/fenced yard
Permitted
B. Private portal
Permitted
C. Second story private portal
Permitted
D. Private portal below second story
Permitted
E. Second story step back
Permitted
F. Portal over first story
Permitted
G. 0 setback
Permitted
H. - J. Public portals
Permitted
Private frontage fencing (see table 5B of this section):
A. Wire
Not permitted
B. Board
Not permitted
C. Coyote/latilla
Not permitted
D. Plastered wall
Permitted
E. Banco
Permitted
Refer to summary table 12 of this section.
Parking requirements (see tables 8 and 9 of this section)
Notes:
1.
Or 15 feet from centerline of alley.
2.
From parallel with frontage line.
A.
Building configuration.
 
1.
Building height shall be measured in number of stories.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function which must be a minimum of eleven feet (11') with a maximum of eighteen feet (18').
 
3.
Height shall be measured to the eave or roof deck as specified on table 6 of this section.
-Image-91.tif
B.
Setbacks; principal building.
 
1.
The facades and elevations of principal buildings shall be distanced from the lot lines as shown.
 
2.
Facades shall be built along the principal frontage to the minimum specified width in the table.
-Image-92.tif
C.
Setbacks; outbuilding.
 
1.
The elevations of the outbuilding shall be distanced from the lot lines as shown.
-Image-93.tif
D.
Parking placement.
 
1.
Uncovered parking spaces shall be provided within the second or third layer as shown in the diagram (see table 15, item D of this section).
 
2.
Covered parking shall be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
3.
Trash containers shall be stored within the third layer.
-Image-94.tif
“N” stands for any stories above those shown, up to the maximum. Graphics are illustrative only. Refer to metrics for exact minimums and maximums.
TABLE 13E. FORM BASED CODE GRAPHICS - T-5b
-Image-95.tif
(See table 1 of this section.)
Building function (see tables 8 and 10 of this section):
A. Residential
Open use
B. Lodging
Open use
C. Office
Open use
D. Retail
Open use
Building configuration (see table 6 of this section):
A. Principal building
2 stories maximum
B. Outbuilding
2 stories maximum
Lot occupation (see table 12, item F of this section):
A. Lot width
18 foot minimum, 180 foot maximum
B. Lot coverage
98% maximum
Building disposition (see table 7 of this section):
A. Edge yard
Not permitted
B. Side yard
Permitted
C. Rear yard
Permitted
D. Courtyard
Permitted
Setbacks - principal building (see table 12, item G of this section):
A. Front setback
0 feet minimum, 18 feet maximum
B. Side setback
0 feet minimum, 18 feet maximum
C. Rear setback
3 feet minimum
Frontage build-out
80% minimum at setback
Frontage alignment
0% maximum2
Frontage fence
100% minimum
Frontage fence opening
10 feet maximum
Setbacks - outbuilding (see table 12, item H of this section):
A. Front setback
40 feet maximum from rear property line
B. Side setback
0 feet minimum
C. Rear setback
3 feet maximum1
Private frontages (see table 5A of this section):
A. Walled/fenced yard
Permitted
B. Private portal
Permitted
C. Second story private portal
Permitted
D. Private portal below second story
Permitted
E. Second story step back
Permitted
F. Portal over first story
Permitted
G. 0 setback
Permitted
H. - J. Public portals
Permitted
Private frontage fencing (see table 5B of this section):
A. Wire
Not permitted
B. Board
Not permitted
C. Coyote/latilla
Not permitted
D. Plastered wall
Permitted
E. Banco
Permitted
Refer to summary table 12 of this section.
Parking requirements (see tables 8 and 9 of this section)
Notes:
1.
Or 15 feet from centerline of alley.
2.
From parallel with frontage line.
A.
Building configuration.
 
1.
Building height shall be measured in number of stories.
 
2.
Stories may not exceed fourteen feet (14') in height from finished floor to finished floor, except for a first floor commercial function which must be a minimum of eleven feet (11') with a maximum of eighteen feet (18').
-Image-96.tif
 
3.
Height shall be measured to the eave or roof deck as specified on table 6 of this section.
B.
Setbacks; principal building.
 
1.
The facades and elevations of principal buildings shall be distanced from the lot lines as shown.
 
2.
Facades shall be built along the principal frontage to the minimum specified width in the table.
-Image-97.tif
C.
Setbacks; outbuilding.
 
1.
The elevations of the outbuilding shall be distanced from the lot lines as shown.
-Image-98.tif
D.
Parking placement.
 
1.
Uncovered parking spaces may be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
2.
Covered parking shall be provided within the third layer as shown in the diagram (see table 15, item D of this section).
 
3.
Trash containers shall be stored within the third layer.
-Image-99.tif
“N” stands for any stories above those shown, up to the maximum. Graphics are illustrative only. Refer to metrics for exact minimums and maximums.
TABLE 14. SPECIAL DISTRICT STANDARDS
 
SD1
SD2
SD3
SD4
SD5
SD6
SD7
The metrics for each column of this table (SD1, SD2, etc.) are to be filled in for each special district as they currently exist or as they are permitted. More pages can be added. Special districts that do not have provisions within this TND district shall be governed by the standards of preexisting zoning.
a. ALLOCATION OF ZONES
 
 
 
 
 
 
 
CLD Requires
 
 
 
 
 
 
 
TND Requires
 
 
 
 
 
 
 
b. BASE RESIDENTIAL DENSITY (Reserved)
 
 
 
 
 
 
 
By Right
 
 
 
 
 
 
 
Other Functions
 
 
 
 
 
 
 
c. BLOCK SIZE
 
 
 
 
 
 
 
Block Perimeter
 
 
 
 
 
 
 
d. THOROUGHFARES
 
 
 
 
 
 
 
RM
 
 
 
 
 
 
 
AL
 
 
 
 
 
 
 
CL
 
 
 
 
 
 
 
PO
 
 
 
 
 
 
 
CM
 
 
 
 
 
 
 
Rear Lane
 
 
 
 
 
 
 
Rear Alley
 
 
 
 
 
 
 
Path
 
 
 
 
 
 
 
Callejon
 
 
 
 
 
 
 
e. CIVIC SPACES
 
 
 
 
 
 
 
Open Space
 
 
 
 
 
 
 
Sports Field
 
 
 
 
 
 
 
Parque Comunal
 
 
 
 
 
 
 
Plaza
 
 
 
 
 
 
 
Plazuela
 
 
 
 
 
 
 
Cemetery
 
 
 
 
 
 
 
Playground
 
 
 
 
 
 
 
f. LOT OCCUPATION
 
 
 
 
 
 
 
Lot Width
 
 
 
 
 
 
 
Lot Coverage
 
 
 
 
 
 
 
g. SETBACK - PRINCIPAL BUILDING
 
 
 
 
 
 
 
Front Setback
 
 
 
 
 
 
 
Side Setback
 
 
 
 
 
 
 
Rear Setback
 
 
 
 
 
 
 
h. SETBACKS - OUTBUILDING
 
 
 
 
 
 
 
Front Setback
 
 
 
 
 
 
 
Side Setback
 
 
 
 
 
 
 
Rear Setback
 
 
 
 
 
 
 
i. BUILDING DISPOSITION
 
 
 
 
 
 
 
Edge Yard
 
 
 
 
 
 
 
Side Yard
 
 
 
 
 
 
 
Rear Yard
 
 
 
 
 
 
 
j. PRIVATE FRONTAGES
 
 
 
 
 
 
 
Walled/Fenced Yard
 
 
 
 
 
 
 
Private Portal
 
 
 
 
 
 
 
2-Story Portal
 
 
 
 
 
 
 
Private Portal below 2nd Story
 
 
 
 
 
 
 
2nd Story Step Back
 
 
 
 
 
 
 
Portal Over 1st Story
 
 
 
 
 
 
 
Zero Setback
 
 
 
 
 
 
 
Public Portal
 
 
 
 
 
 
 
2nd Story Public Portal
 
 
 
 
 
 
 
Public Portal below 2nd Story
 
 
 
 
 
 
 
k. BUILDING CONFIGURATION
 
 
 
 
 
 
 
Principal Building
 
 
 
 
 
 
 
Outbuilding
 
 
 
 
 
 
 
l. BUILDING FUNCTION
 
 
 
 
 
 
 
Residential
 
 
 
 
 
 
 
Lodging
 
 
 
 
 
 
 
Office
 
 
 
 
 
 
 
Retail
 
 
 
 
 
 
 
TABLE 15. DEFINITIONS ILLUSTRATED
A.
Thoroughfare and frontages:
-Image-100.tif
B.
Turning radius:
-Image-101.tif
C.
Building disposition:
-Image-102.tif
D.
Lot layers:
-Image-103.tif
E.
Frontage and lot lines:
-Image-104.tif
F.
Setback designations:
-Image-105.tif
G.
Network pedestrian shed:
-Image-106.tif
(Ordinance 09-01 adopted 2009)
This section provides definitions for terms in this TND district that may not reflect a common usage of the term. If a term is not defined in this section, then the CRC shall define the term.
A-grid.
Cumulatively, those thoroughfares that by virtue of their preexisting pedestrian supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this TND district. See definition of “B-grid”. (Synonym: primary grid.)
Accessory building.
An outbuilding with an accessory unit.
Accessory unit.
An apartment not greater than four hundred forty (440) square feet sharing the same lot and utility connections with a principal building; it may or may not be within an outbuilding. See section 16.16.230.11, table 8 and table 15 of this chapter. (Synonym: casita.)
Alameda (AL).
A thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median.
Allee.
A regularly spaced and aligned row of trees usually planted along a thoroughfare or path.
Apartment.
A residential unit sharing a building and a lot with other units and/or uses; may be for rent, or for sale as a condominium.
Attic.
The interior part of a building contained within its roof structure.
Automotive service.
A facility which provides collision repair services, including body frame straightening, replacement of damaged parts, and painting; a facility for the repair of automobiles, noncommercial trucks, motorcycles, motor homes, rental vehicles, or boats, including the sale, installation, and servicing of equipment and parts. This use includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
B-grid.
Cumulatively, those thoroughfares that by virtue of their use, location, or absence of preexisting pedestrian supportive qualities, may meet a standard lower than that of the A-grid. See definition of “A-grid”. (Synonym: secondary grid.)
Back building.
A single-story structure connecting a principal building to an outbuilding. See section 16.16.230.11, table 15 of this chapter.
Bed and breakfast.
A manager or owner occupied lodging type offering one to twelve (12) bedrooms, permitted to serve breakfast in the mornings to guests.
Bicycle lane (BL).
A dedicated lane for cycling within a moderate speed vehicular thoroughfare, demarcated by striping.
Bicycle route (BR).
A thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds.
Bicycle trail (BT).
A bicycleway running independently of a vehicular thoroughfare.
Blade sign.
A device (including, but not limited to, letters, words, numerals, figures, emblems, pictures or any part or combination) used for visual communication and intended to attract the public that projects perpendicular from a building or is hung beneath a canopy.
Block.
The aggregate of private lots, passages, rear alleys and rear lanes, circumscribed by thoroughfares.
Block face.
The aggregate of all the building facades on one side of a block.
Brownfield.
An area previously used primarily as an industrial site.
BRT.
See definition of “Bus rapid transit”.
Bus rapid transit.
A rubber tire system with its own right-of-way or dedicated lane along at least seventy percent (70%) of its route, providing transit service that is faster than a regular bus.
Bus shelter.
A roofed structure, usually having three (3) walls, located near a street and designed primarily for the protection and convenience of the bus passengers.
By right.
Characterizing an application proposal or component of an application for a building scale plan that complies with the standards of the TND district and is permitted and processed administratively, without public hearing.
Callejon (CN).
A pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long blocks. Development on adjacent lots are required to enfront the callejon.
Camino (CM).
A local, rural and suburban thoroughfare of low to moderate vehicular speed and capacity. This type is allocated to the more rural transect zones (T-1 to T-3). See section 16.16.230.11, table 2A of this chapter.
Cemetery.
A civic space dedicated to the burial of the dead, including mausoleums, necessary sales, and maintenance of such facilities and may include interment and civic gatherings.
Childcare center.
An establishment that provides regular shelter, care, activity, and supervision (with or without academic interaction) for no more than five (5) children.
Civic.
The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking.
Civic building.
A building operated by not-for-profit or government organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the town council.
Civic parking reserve.
Parking structure or parking lot within a quarter mile of the site that it serves.
Civic space.
An outdoor area dedicated for public use. Civic space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their enfronting buildings. See section 16.16.230.11, table 11 of this chapter.
Civic zone.
Designation for public sites dedicated for civic buildings and civic space.
CLD or clustered land development.
A community type structured by a standard pedestrian shed oriented toward a common destination such as a general store, meeting hall, schoolhouse, or church. CLD takes the form of a small settlement standing free in the countryside. See section 16.16.230.11, table 12, item A of this chapter. (Synonym: hamlet, conservation land development, cluster.)
Code.
The land use development code.
College.
A public, parochial, or private institution that provides education instruction to students and may or may not include living quarters, recreation facilities, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees. The institution is authorized by the state to award associate, baccalaureate, or higher degrees but not including colleges or trade schools operated for profit.
Commercial.
The term collectively defining workplace, office, retail, and lodging functions.
Common destination.
An area of focused community activity, usually defining the approximate center of a pedestrian shed. It may include, without limitation, one or more of the following: a civic space, a civic building, a commercial center, or a transit station, and may act as the social center of a neighborhood.
Common yard.
A planted private frontage wherein the facade is set back from the frontage line. It is visually continuous with adjacent yards. See section 16.16.230.11, table 7 of this chapter.
Community.
A regulatory category defining the physical form, density, and extent of a settlement.
Compound.
Aggregation of three (3) to five (5) homes in a single development envelope, with shared courtyards and parking areas. The enclosure may be a combination of walls and the buildings themselves. This may result in a side yard or rear yard type.
Conference center.
A facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodation can include sleeping, eating, and no recreation. A conference center is not designed to be only utilized by the general public for overnight purposes.
Configuration.
The form of a building, based on its massing, private frontage, and height.
Convention center.
A facility designed to accommodate conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with an accessory function included [including] temporary outdoor display, and food and beverages preparation and service for on-premises consumption; or
A commercial facility used for assemblies or meetings of the members or representatives of groups, including exhibition space. This term does not include banquet halls, clubs, lodges, or other meeting facilities of private or nonprofit groups that are primarily used by group members.
Corridor.
A linear geographic system incorporating transportation and/or greenway trajectories. A transportation corridor may be a linear transect zone.
Cottage.
An edge yard building type. A single-family dwelling, on a regular lot, often shared with an accessory building in the back yard.
Courtyard building.
A building that occupies the boundaries of its lot while internally defining one or more private portals. See section 16.16.230.11, table 7 of this chapter. (Synonym: courtyard house.)
CRC.
The consolidated review committee.
Curb.
The edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See section 16.16.230.11, tables 2A and 2B of this chapter.
Density.
The number of dwelling units within a standard measure of land area.
Design speed.
The velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. There are four (4) ranges of speed: very low (below 20 miles per hour); low (20-25 miles per hour); moderate (25-35 miles per hour); high (above 35 miles per hour). Lane width is determined by desired design speed. See section 16.16.230.11, table 2C of this chapter.
Developable areas.
Lands other than those in T-1 natural transect.
Disposition.
The placement of a building on its lot. See section 16.16.230.11, tables 7 and 15 of this chapter.
Drive-through facility.
A retail or service [establishment] whose character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure; or
An establishment accommodating the patron’s automobile from which the occupants may purchase retail goods or receive a service or in which products purchased from the establishment may be consumed; or
An establishment that dispenses products or service to patrons who remain in vehicles.
Driveway.
A vehicular lane within a lot, often leading to a garage.
Duplex house.
A building designed as a signal [single] structure, containing two (2) separate living units, each of which are designed to be occupied as a separate permanent residence.
Edge yard building.
A building that occupies the center of its lot with setbacks on all sides. See section 16.16.230.11, table 7 of this chapter.
Effective parking.
The amount of parking required for mixed use after adjustment by the shared parking factor. See section 16.16.230.11, table 9 of this chapter.
Effective turning radius.
The measurement of the inside turning radius taking parked cars into account. See section 16.16.230.11, table 15 of this chapter.
Electric substation.
An assemblage of equipment for purpose other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, stores of materials, trucks repair facilities, housing repair crews, or office of place of business. An assemblage of equipment and appurtenant facilities designed for voltage control of electricity in amounts one hundred fifteen thousand (115,000) volts or more. A premises which may or may not contain buildings, where the interconnection and usual transformations of electrical service take place between systems. An electric substation shall be secondary, supplementary, subordinate, and auxiliary to the main system. Structures and appurtenant facilities used [for] the distribution of electric energy in voltage less than one hundred fifteen thousand (115,000) volts.
Elementary school.
A public, parochial, or private institution that provides education instruction to students. This does not include trade or business schools or colleges but serves students between the kindergarten and high school levels.
Elevation.
An exterior wall of a building not along a frontage line. See section 16.16.230.11, table 15 of this chapter. See definition of “Facade.”
Encroachment.
Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit.
Enfront.
To place an element along a frontage, as in “porches enfront the street”.
Exhibition center.
A building meant for exhibiting, showing or presenting objects of public interest.
External permanent sign band.
A sign not exceeding three feet (3') in height and which may extend the entire facade of a building.
Facade.
The exterior wall of a building that is set along a frontage line. See definition of “Elevation.”
Fire station.
A building used for fire equipment and firefighters.
Flex building.
A mixed use unit consisting of a commercial and residential function. The commercial function may be anywhere in the unit. It is intended to be occupied by a lessee or owned as a condominium.
Fountain.
A structure or architectural feature meant for discharging a jet or stream of water by mechanical means.
Frontage.
The area between a building facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage. See section 16.16.230.11, tables 2A and 7 of this chapter.
Frontage line.
A lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines. See section 16.16.230.11, table 15 of this chapter.
Function.
The use or uses accommodated by a building and its lot, categorized as restricted, limited, or open, according to the intensity of the use. See section 16.16.230.11, tables 8 and 10 of this chapter.
Funeral home.
A building or part thereof used for human funeral services and arranging and managing funerals. Such buildings may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial, the performance of autopsies and other surgical procedure, the storage of caskets, funeral urns, and other related funereal vehicles and facilities. Where a funeral home is permitted, a funeral chapel shall also be permitted. Typical uses include funeral homes or mortuaries. A building used for the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
Gasoline.
Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable gas, or flammable gas into the fuel tanks of motor vehicles; or
That portion of property where flammable or combustible liquids or gases used as fuel are stored or dispensed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may include a freestanding automatic car wash.
Grain storage.
A building used for the storage of grain which does not have a door or other entranceway into a dwelling unit.
Greenfield.
An area that consists of open or wooded land or farmland that has not been previously developed.
Greenhouse.
A building used for growing plants all or part of which are sold at retail or wholesale.
Greenway.
An open space corridor in largely natural conditions which may include trails for bicycles and pedestrians.
Greyfield.
An area previously used primarily as a parking lot. Shopping centers and shopping malls are typical greyfield sites. (Variant: grayfield.)
Hacienda.
An edge yard building type. A single-family dwelling on a very large lot of rural character, often shared by one or more accessory buildings. (Synonym: country house.)
Hamlet.
See definition of “CLD or clustered land development”. (Synonym: cluster, settlement.)
Heavy industrial facility.
Uses engaged in the basic processing and manufacturing of materials or products predominately from extended or raw materials, or a use engaged in storage of, or manufacturing or processed [processing], flammable, or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions.
High school.
A public, parochial, or private institution that provides education instruction to students. This does not include trade or business schools or colleges but typically serves the ninth, tenth, eleventh, and twelfth grades.
Highway.
A rural and suburban thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural transect zones (T-1, T-2, and T-3).
Home occupation.
Nonretail commercial enterprises. The work quarters should be invisible from the frontage, located either within the house or in an outbuilding. Permitted activities are defined by the restricted office category. See section 16.16.230.11, table 8 of this chapter.
Hospital.
A licensed institution that provides primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
Hotel.
A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests.
House.
An edge yard building type, usually a single-family dwelling on a large lot, often shared with an accessory building in the back yard. (Synonym: single.)
Infill.
New development on land that had been previously developed, including most greyfield and brownfield sites and cleared land within urbanized areas. (Verb: to develop such areas.)
Inn.
A lodging type, applicant occupied, offering twelve (12) to fifty (50) bedrooms, permitted to serve breakfast in the mornings to guests. See section 16.16.230.11, table 8 of this chapter.
Irrigated agriculture.
The production of agricultural products which are watered by artificial or other means. Livestock grazing is permitted.
Kennel.
The boarding, breeding, raising, grooming, or training of four (4) or more dogs, cats or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.
Kiosk.
A freestanding structure upon which temporary information and/or posters, notice, and announcements are posted, or a freestanding building with one or more open sides from which commercial activities are conducted.
Layer.
A range of depth of a lot within which certain elements are permitted. Also see definition of “Lot layer”. See section 16.16.230.11, table 15 of this chapter.
Library.
A public facility for the use, but not sale, of literary, musical, artistic or reference materials. A public, nonprofit facility in which literary, musical, artistic or reference material such as, but not limited to, books, manuscripts, computers, recordings, or films are kept by use by or loaning to patrons of the facility but are normally offered for sale.
Light industrial facility.
A building or group of buildings used for the manufacturing, compounding, processing, packing, storage, assembly, and/or treatment of finished or semifinished products from previously prepared materials, which activities are conducted wholly within an enclosed building. Finished or semifinished products may be temporarily stored outdoors pending shipment.
A light industrial facility is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A machine shop is included in this category. Also included is the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food, paper (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, and any other products of a similar nature.
Lightwell.
A private frontage type that is a below grade entrance or recess designed to allow light into basements. See section 16.16.230.11, table 7 of this chapter. (Synonym: light court.)
Linear pedestrian shed.
A pedestrian shed that is elongated along a mixed use corridor such as a main street. A linear pedestrian shed extends approximately one-fourth (1/4) mile from each side of the corridor for the length of its mixed use portion. The resulting area is shaped like a lozenge. It may be used to structure a TND. (Synonym: elongated pedestrian shed.)
Liner building.
A building specifically designed to mask a parking lot or a parking structure from a frontage.
Liquor selling establishment.
The retail sale of beer, wine, and other alcoholic beverages for off-premises consumption.
Live theater.
A structure used for the performing arts for an audience. Such establishments may include related services such as food and beverage sales and other concessions.
Live-work.
A mixed use unit consisting of a commercial and residential function. The commercial function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity. See definition of “Work-live”.
Livestock pen.
An establishment which keeps, feeds, or raises livestock. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey, and other poultry farms, rabbit farms, apiaries, and aviaries.
Lodging.
Premises available for daily and weekly renting of bedrooms. See section 16.16.230.11, tables 8 and 10 of this chapter.
Long pedestrian shed.
A pedestrian shed that is an average one-half (1/2) mile radius or two thousand six hundred forty feet (2,640'), used when a transit stop (bus or rail) is present or proposed as the common destination. A long pedestrian shed represents approximately a ten (10) minute walk at a leisurely pace. See definition of “Pedestrian shed”.
Lot.
A parcel of land accommodating a building or buildings of unified design. The size of a lot is controlled by its width in order to determine the grain (i.e., fine grain or coarse grain) of the urban fabric.
Lot coverage.
The total of all impervious surfaces within a lot area, expressed as a percentage of the lot, including, but not limited to, buildings, garages, sidewalks, hardscape, driveways, parking areas, or any other surface that does not absorb water. See section 16.16.230.11, table 12, item F of this chapter.
Lot layer.
A range of depth of a lot within which certain elements are permitted. Also see definition of “Layer”. See section 16.16.230.11, table 15, item D of this chapter.
Lot line.
The boundary that legally and geometrically demarcates a lot.
Lot width.
The length of the principal frontage line of a lot.
Main civic space.
The primary outdoor gathering place for a community. The main civic space is often, but not always, associated with a civic building. See section 16.16.230.11, table 11, item C or D of this chapter.
Manufacturing.
Premises available for the creation, assemblage and/or repair of artifacts, using table mounted electrical machinery or artisanal equipment, and including their retail sale.
Medical clinic.
A facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.
Meeting hall.
A building available for gatherings, including conferences, that accommodates at least one room equivalent to a minimum of ten (10) square feet per projected dwelling unit within the pedestrian shed in which it is located.
Mixed use.
Multiple functions within the same building through superimposition or adjacency, or in multiple buildings with multiple functions located within the same lot.
Monument sign.
A device (including, but not limited to, letters, words, numerals, figures, emblems, pictures or any part or combination) used for visual communication and intended to attract the public that does not to exceed four feet (4') in height and that advertises the name of a single business, mall or multi-tenant premises.
Movie theater.
A theater for showing movies or motion pictures.
Museum.
A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public, for viewing, with or without an entry fee, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
Neighborhood store.
An establishment primarily selling frequently needed or recurrently needed goods for household consumption, such as packaged food and beverages and limited household supplies and hardware but not including the sale and dispensing of motor vehicles fuels.
Net site area.
All developable land within a site including thoroughfares but excluding land allocated as civic zones.
Network pedestrian shed.
A pedestrian shed adjusted for average walk times along thoroughfares. See section 16.16.230.11, table 15 of this chapter.
Office.
Premises available for the transaction of general business but excluding retail, artisanal and manufacturing uses. See section 16.16.230.11, table 8 of this chapter. (Synonym: office building.)
Open market building.
A structure used for the retail sale of produce or other foodstuffs primarily outside or in an enclosed structure, for more than ninety (90) days in any calendar year. This term shall not include motor vehicles sales facilities, garden supply or landscaping center, lumberyard, building supply or home improvement center, or Christmas tree lot.
Open space.
A civic space that remains undeveloped as a natural preserve or may be preserved for civic space. See section 16.16.230.11, table 11 of this chapter.
Outbuilding.
An accessory building, usually located toward the rear of the same lot as a principal building, and sometimes connected to the principal building by a back building. See section 16.16.230.11, table 15 of this chapter.
Outdoor auditorium.
An open or partially enclosed facility used primarily for spectator sports, entertainment events, expositions, and other public gatherings such as music, lectures, or other presentations. Typical uses include convention and exhibition halls, sports areas, and amphitheaters.
Parking structure.
A building containing one or more stories of parking above grade.
Parque comunal.
A civic space type that is a natural preserve available for unstructured recreation. See section 16.16.230.11, table 11 of this chapter.
Paseo (PO).
A local urban thoroughfare of low speed and capacity. See section 16.16.230.11, tables 2A and 2B of this chapter.
Passenger terminal.
A facility or location where the principal use is the handling, receiving, or transfer of passenger traffic, and may include as an accessory use the loading, unloading, storing, receiving, assembling, dispatching, weighing, consolidating, classifying, switching, distribution, movement, or transfer of freight, as well as all equipment and facilities uses to accomplish the foregoing activities.
Path (PT).
A pedestrianway traversing a parque comunal or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban sidewalk network.
Pedestrian shed.
An area that is centered on a common destination. Its size is related to average walking distances for the applicable traditional neighborhood plan. Pedestrian sheds are applied to structure neighborhoods. See definition of “Standard pedestrian shed”, “Linear pedestrian shed”, or “Network pedestrian shed”. (Synonym: walkshed, walkable catchment.)
Planter.
The element of the public frontage which accommodates street trees, whether continuous or individual.
Playground.
A civic space designed and equipped primarily for the recreation of children. See section 16.16.230.11, table 11 of this chapter.
Plaza.
A civic space type designed for civic purposes and commercial activities. A plaza is located in the more urban transect zones, generally paved and spatially defined by building frontages.
Plazuela.
A civic space type designed for unstructured recreation and civic purposes. It is spatially defined by building frontages and consisting of paths, lawns and trees, formally disposed. See section 16.16.230.11, table 11 of this chapter.
Police station.
Protection centers operated by a governmental agency, including, temporary detention facilities, and the open or enclosed parking of patrol vehicles, but excluding correctional institutions.
Portal.
A private frontage wherein the facade is aligned close to the frontage line with a traditionally treated flat roofed ground level colonnade, between six feet (6') and ten feet (10') deep, and paved to match the sidewalk, if it abuts a sidewalk. See section 16.16.230.11, table 7 of this chapter.
Principal building.
The main building on a lot, usually located toward the frontage. See section 16.16.230.11, table 15 of this chapter.
Principal entrance.
The main point of access for pedestrians into a building.
Principal frontage.
On corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner lot. See definition of “Frontage”.
Private frontage.
The privately held layer between the frontage line and the principal building facade. See section 16.16.230.11, tables 7 and 15 of this chapter.
Public art.
A sculpture or similar object that is sited as a focal point and is intended for the enjoyment of the general public.
Public frontage.
The area between the curb of the vehicular lanes and the frontage line. See section 16.16.230.11, tables 2A and 2B of this chapter.
Public portal below second story.
A private frontage conventional for retail use wherein the facade is a portal that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage line.
Pushcart.
A portable structure for the merchandising or sale of food or foodstuffs from a nonpermanent location. The structure shall be less than one hundred (100) square feet in area.
Rambla (RM).
A thoroughfare designed for high vehicular capacity and moderate speed, traversing an urbanized area. Ramblas are usually equipped with slip roads buffering sidewalks and buildings.
Rear alley (RA).
A vehicularway located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll curbs at the edges.
Rear lane (RL).
A vehicularway located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised curb, and is drained by percolation.
Rear yard building.
A building that occupies the full frontage line, leaving the rear of the lot as the sole yard. See section 16.16.230.11, table 7 of this chapter. (Variant: row house, townhouse, apartment house.)
Recess line.
A line prescribed for the full width of a facade, above which there is a step back of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the enfronting public space. See section 16.16.230.11, table 6 of this chapter.
Region.
Land within a three (3) mile radius from the municipal limits of the town.
Regulating map.
A zoning map or set of maps that show the transect zones, civic zones, and special districts if any, of areas subject to, or potentially subject to, regulation by the TND district.
Religious assembly.
A site used by a religious group primarily or exclusively for religious worship and related religious service, including a place of worship, retreat site or religious camp.
Residential.
Characterizing premises available for long term human dwelling.
Rest stop.
A public facility located next to a thoroughfare at which drivers and passengers can rest or eat without exiting onto other thoroughfares.
Restaurant.
A structure in which the principal use is the preparation and sale of food and beverages. A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than eighty percent (80%) of the gross sales receipts for food or beverages.
Retail.
Characterizing premises available for the sale of merchandise. See section 16.16.230.11, tables 8 and 10 of this chapter.
Retail frontage.
Frontage designated on a regulating map that requires or recommends the provision of a shopfront, encouraging the ground level to be available for retail use.
Roadside stand.
An accessory structure for a seasonal retail sale grown or produced food or retail on the lot.
Row house.
A single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line. See definition of “Rear yard building”. (Synonym: townhouse.)
Rural boundary line.
The extent of potential urban growth as determined by existing geographical determinants. The rural boundary line is permanent.
School dormitory.
A structure specifically designed for a long term stay by students, or nonprofit organization for the purpose of providing rooms for sleeping purposes. One common kitchen and some common gathering rooms for social purposes may also be provided.
Secondary frontage.
On corner lots, the private frontage that is not the principal frontage. As it affects the public realm, its first layer is regulated. See section 16.16.230.11, table 15 of this chapter.
Setback.
The area of a lot measured from the lot line to a building facade or elevation that is maintained clear of permanent structures, with the exception of encroachments listed in subsection 16.16.230.10.D of this chapter. See section 16.16.230.11, table 12, item G of this chapter. (Variant: build-to line.)
Shared parking factor.
An accounting for parking spaces that are available to more than one function. See section 16.16.230.11, table 9 of this chapter.
Shopfront.
A private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. See section 16.16.230.11, table 7 of this chapter.
Shopping center.
A group of commercial establishments planned, constructed, and managed as a total entity with consumer and employee parking provided on-site, provision for goods delivery separated from consumer access, aesthetic considerations and protection from inclement weather.
Shopping mall.
A facility with five (5) or more stores for rental goods and services, which are structurally designed in an integrated fashion around or both sides of a promenade, walkway, concourse, or courtyard. Primary individual store entrances front into a promenade. The mall may include offices and satellite or unattached structures that are served by the mall network. This definition applies only to a facility in which eighty-five percent (85%) or more of the gross floor area is accessed from enclosed, or court yards.
Side yard building.
A building that occupies one side of the lot with a setback on the other side. This type can be a single or twin depending on whether it abuts the neighboring house. See section 16.16.230.11, table 7 of this chapter. (Synonym: side yard house.)
Sidewalk.
The paved section of the public frontage dedicated exclusively to pedestrian activity.
Single room occupancy (SRO) hostel.
A residential facility in which furnished rooms are rented on a weekly or monthly basis and which provides common facilities and services for laundry, cleaning, and meals.
Slip road.
An outer vehicular lane or lanes of a thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Synonym: access lane, service lane.)
Special area plan.
A contiguous parcel or parcels of ten (10) acres or more that is subject to a regulating map or maps and may include new transect zones, civic zones and thoroughfares with appropriate transitions to abutting areas. It is prepared by the applicant in consultation with the planning and zoning department.
Special district (SD).
An area that, by its intrinsic function, disposition, or configuration, cannot or should not conform to one or more of the normative community types or transect zones specified by the TND district. Special districts may be mapped and regulated at the regional scale or the community scale.
Specialized building.
A building that is not subject to residential, commercial, or lodging classification. See section 16.16.230.11, table 7 of this chapter.
Sports field.
A civic space that is designed and developed for structured recreation. See section 16.16.230.11, table 11 of this chapter.
Sports stadium.
An open, closed, or partially enclosed facility intended for spectator sports or other commercial recreation.
Stable.
A building in which horses or cattle are sheltered.
Standard pedestrian shed.
A pedestrian shed that is an average one-fourth (1/4) mile radius or one thousand three hundred twenty feet (1,320'), about the distance of a five (5) minute walk at a leisurely pace. See definition of “Pedestrian shed”.
Step back.
A building setback of a specified distance that occurs at a prescribed number of stories above the ground. See section 16.16.230.11, table 6 of this chapter.
Story.
A habitable level within a building.
Streetscreen.
A freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Synonym: streetwall.)
Substantial modification.
Alteration to a building that is valued at more than fifty percent (50%) of the replacement cost of the entire building, if new.
Surface parking lot.
A parking area for motor vehicles where there is no gross building area below the parking area and no gross building area or roof above it.
Swale.
A low or slightly depressed natural area for drainage.
Third place.
A term used in the concept of community building to refer to social surroundings separate from the two (2) usual social environments of home and workplace. Criteria for a third place include the following: highly accessible, proximate for many within walking distance, involve regulars, and inexpensive food and drink are important. Coffee shops and cafes are often used as a neighborhood’s third place.
Thoroughfare.
A way for use by vehicular and pedestrian traffic and to provide access to lots and open spaces, consisting of vehicular lanes and the public frontage. See section 16.16.230.11, table 2C and table 15, item A of this chapter.
Townhouse.
See definition of “Rear yard building”. (Synonym: row house.)
Trade school.
A public, parochial, or private institution that provides education instruction to students for industrial, clerical, managerial, or artistic skills.
Traditional neighborhood development.
A community type structured by a pedestrian shed oriented toward a common destination consisting of a mixed use center or corridor, and in the form of a medium sized settlement near a transportation route. See section 16.16.230.11, table 12, item A of this chapter. (Synonym: village, neighborhood.)
Traditional neighborhood plan.
A map or series of maps more [sic] that meet the requirements of the traditional neighborhood development district zoning classification. A traditional neighborhood plan must be approved by town council resolution prior to the rezoning of any lands to the transect zones of the TND district.
Transect.
A cross-section of the environment showing a range of different habitats. The rural-urban transect of the human environment used in the TND district is divided into five (5) transect zones. These zones describe the physical form and character of a place, according to the density and intensity of its land use and urbanism.
Transect zone.
One of several areas on a zoning map regulated by the TND district. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and public frontage. See section 16.16.230.11, table 1 of this chapter.
Truck maintenance.
The business of repairing, overhauling, removing, adjusting, replacing, assembling, or disassembling parts of any motor vehicle.
A building or establishment where the following activities may occur: general repair, engine rebuilding, reconditioning of motor vehicles, collision repair, painting, general maintenance, and where no more than two (2) abandoned vehicles shall be stored on the premises.
Any building or portion thereof used for the repair or replacement of engines, transitions [transmissions], differentials, drive trains, or any part thereof, in addition to the replacement of parts, service, and incidental repairs to motor vehicles.
Turning radius.
The curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See section 16.16.230.11, tables 2C and 15 of this chapter.
Urban boundary line.
The extent of potential urban growth as determined by the projected demographic needs of a region. The urban boundary line may be adjusted from time to time.
Urbanism.
Collective term for the condition of a compact, mixed use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects.
Urbanized.
Generally, developed. Specific to the smartcode, developed at T-3 (suburban) density or higher.
Variance.
See section 16.08.020.3 of this title.
Walled yard.
A private frontage type wherein the facade is set back from the frontage line to provide a yard and is separated from the sidewalk with a wall. The wall maintains street spatial definition. Setbacks and walls vary per T-zone. See section 16.16.230.11, table 5B of this chapter.
Warrant.
A ruling that would permit a practice that is not consistent with a specific provision of this TND district.
Warrant, administrative.
A ruling by the CRC allowing a dimensional deviation from the standards of the TND district provided that the deviation is within the percentage limitation of subsection 16.16.230.4.B of this chapter.
Warrant, town council discretionary.
A determination by motion or resolution of the town council relating to the design, location or other features of a civic space or civic building (see section 16.16.230.4 of this chapter).
Wireless transmitter.
Any system of wires, poles, rods, reflection disks, or similar devices used for the transmission or reception of electronic waves when which system is external to or attached to the exterior structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be part of the antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks (COLTs) facilities as well as dispatch carries for specialized mobile radio (SMR) services and enhanced SMR (ESMR).
Work-live.
A mixed use unit consisting of a commercial and residential function. It typically has a substantial commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as workspace with incidental residential accommodations that meet basic habitability requirements. See definition of “Live-work”. (Synonym: live-work.)
Yield.
Characterizing a thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation.
Zoning map.
The official map or maps that are part of the zoning ordinance and delineate the boundaries of individual zones and districts. See definition of “Regulating map”.
(Ordinance 09-01 adopted 2009)
A. 
Necessary structures, facilities and public infrastructure owned by governmental bodies (federal, state, local government, excepting statutory limited purpose entities or entities created by joint agreement of governments) are permitted as land uses within the C-1, C-2, CBD, HPCD [HCPD], M-1, and TND zone with approval of the land use (code) administrator after posting of the property and notice at town hall of review through the development review committee (DRC) process.
B. 
Public structures, facilities and infrastructure permitted under this section shall include, but not be limited to the following: necessary buildings, structures, infrastructure (e.g., water, sewer and gas lines), offices, meeting rooms, classrooms, warehouses, equipment storage, vehicles, trailer and equipment parking, storage or staging areas, garages, storage yards, communications towers, assembly areas, utility equipment, transmission lines, transformers, playgrounds, parks, sports fields, dog parks, stormwater management and drainages, flood prevention, acequia and waterway management and operation, well houses, water treatment and transmission facilities, sewage treatment and transmission facilities, National Guard armories, firehouses and firefighting equipment and infrastructure, police stations and substations, sports complexes, golf courses, public transit drop-offs and shelters, bus maintenance and storage, motor vehicle offices, courts, laboratories and research facilities, telephone, cable, cell phone and fiber optic switching, maintenance and transmission facilities and equipment, libraries, museums, tourism and visitor centers, any accessory uses and buildings related to the aforementioned uses, town owned or operated buildings, structures, infrastructure, health and social service facilities, recycling facilities, solid waste collection facilities, auditoriums, arenas, airports, industrial parks, campgrounds, picnic areas, or public works yards.
C. 
Public buildings, structures, facilities and infrastructure not permitted under this section shall include the following: public and privately operated psychiatric facilities, in-patient and out-patient drug treatment facilities, homeless shelters, social services, prisons, jails and correctional facilities, research or development facilities dealing with hazardous waste, radiation, [or] explosives, stand-alone fuel depots, or any materials or operations or processes that the town has determined may pose an immediate or potential risk to the health, safety and welfare of the public.
D. 
A public building, structure, facility or infrastructure approved under this section as a permitted use shall meet all requirements of the zoning district in which the property is located, and any and all other provisions of the town land use development code, and other town codes or ordinances, as well as all other applicable federal, state and local permitting, safety, environmental, licensing, public hearing and public notice requirements.
E. 
All projects administratively approved under this section must meet the town’s architectural design criteria for commercial businesses and large scale development massing criteria for new construction, where applicable.
(Ordinance 18-14 adopted 2018)