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.
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(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.
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Outdoor plant nursery.
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Park.
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Riding stables on no less than five (5) acres of land.
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Wildlife sanctuary, woodland preserve, or arboretum.
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(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.
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Farms and ranches.
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Home occupation, provided that all conditions of section 16.20.070 of this title are met.
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Manufactured homes on individual lots, provided that:
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A.
|
The manufactured home is the core unit of a single-family residence;
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B.
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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;
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E.
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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;
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G.
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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
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H.
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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.
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Riding stables.
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Single-family dwelling located on a single lot.
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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;
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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
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E.
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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.
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(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.
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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.
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(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.
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Farm and ranch labor housing which does not exceed occupancy
by more than five (5) persons.
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Guesthouse used for long term rental.
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Recreational uses, excluding golf course/driving range.
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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.
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(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.
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(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.
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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.
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Eating/drinking establishment, excluding bar/lounge, drive-in
restaurant and club.
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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.
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(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;
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.
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Family amusement or entertainment establishments, excluding
go-cart/carnival/thrill rides.
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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.
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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.
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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.
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Daycare.
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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.
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Specialty retail establishments.
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(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.
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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:
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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.
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Personal storage.
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Single-family dwelling.
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Two-family attached or semiattached residence, such as a duplex,
townhouse, condominium or apartment, provided they are incorporated
into a planned unit development.
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Wholesaling or distribution operation.
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(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.
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Daycare.
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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;
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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;
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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.
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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.
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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.
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Outdoor permanent or temporary displays of merchandise.
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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
|
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Less than 1.0 acre
|
Not applicable
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1.0 to 5.99 acres
|
30
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More than 6.0 acres
|
25
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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;
10. Well protection areas (public wells);
11. Habitats and habitat corridors; and
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:
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
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)
(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.
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
|
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
|
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
|
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
|
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.
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.
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].
(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.
(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.
(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.
(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;
(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.
(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;
(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;
(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;
(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.
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
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:
k. Vigas, latillas, or the like;
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;
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.
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.
(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:
B.
Residential treatment center or group home.
C.
Assisted living facility.
E.
Senior living facilities.
F.
Use defined in healthcare facility.
(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.
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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:
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.
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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):
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
|
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This table describes the intent of each transect zone.
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TABLE 2A. PUBLIC FRONTAGES - GENERAL
|
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The public frontage is the area between the private lot line
and the edge of vehicular lanes.
|
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.
|
|
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.
|
|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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
|
---|
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.
|
|
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.
|
|
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.
|
|
TABLE 5A. PRIVATE FRONTAGES
|
---|
The private frontage is the area between the building facades
and the lot lines.
|
|
|
TABLE 5B. PRIVATE FRONTAGE WALLS/FENCING
|
---|
Wall/fencing requirements at frontage line.
|
|
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.
|
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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
|
---|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
TABLE 13A. FORM BASED CODE GRAPHICS - T-2
|
---|
|
(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.
|
|
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.
|
|
C.
|
Setbacks; outbuilding.
|
|
1.
|
The elevations of the outbuilding shall be distanced from the
lot lines as shown.
|
|
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.
|
|
“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
|
---|
|
(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.
|
|
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.
|
|
C.
|
Setbacks; outbuilding.
|
|
1.
|
The elevations of the outbuilding shall be distanced from the
lot lines as shown.
|
|
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.
|
|
“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
|
---|
|
(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.
|
|
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.
|
|
C.
|
Setbacks; outbuilding.
|
|
1.
|
The elevations of the outbuilding shall be distanced from the
lot lines as shown.
|
|
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.
|
|
“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
|
---|
|
(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.
|
|
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.
|
|
C.
|
Setbacks; outbuilding.
|
|
1.
|
The elevations of the outbuilding shall be distanced from the
lot lines as shown.
|
|
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.
|
|
“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
|
---|
|
(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').
|
|
|
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.
|
|
C.
|
Setbacks; outbuilding.
|
|
1.
|
The elevations of the outbuilding shall be distanced from the
lot lines as shown.
|
|
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.
|
|
“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:
|
|
B.
|
Turning radius:
|
|
C.
|
Building disposition:
|
|
D.
|
Lot layers:
|
|
E.
|
Frontage and lot lines:
|
|
F.
|
Setback designations:
|
|
G.
|
Network pedestrian shed:
|
|
(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 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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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 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.)
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.
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.
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.
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)