The performance standards listed in this chapter shall apply
to all development within the town for approval of all applications.
(Ordinance 99-05 adopted 1999; Ordinance 03-16 adopted 2003; Ordinance
09-19 adopted 2009)
Title 15, chapter 15.12, “Landscaping”, of this
code, as adopted by the town council and as may be amended from time
to time, is hereby incorporated and made part of this title, and shall
apply in the town.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
Title 15, chapter 15.16, “Solar Energy Collection Systems
Protection”, of this code, as adopted by the town council and
as may be amended from time to time, is hereby incorporated and made
part of this title, and shall apply in the town.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
Title 15, chapter 15.28, “Outdoor Lighting”, of
this code, as adopted by the town council and as may be amended from
time to time, is hereby incorporated and made part of this title,
and shall apply in the town.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
This section 16.20.010.5 shall be known and may be cited as the sign ordinance, an ordinance to regulate the construction, repair, alteration, display and maintenance of signs within the town.
A.
Background.
1.
It is recognized that businesses compete with each other and try
to “keep up with the competition”. In doing so many try
to put up signs bigger than those around them because they feel those
they have are not visible enough. If someone puts up a bigger sign
then eventually others will want to do the same. Clutter and confusion
result, worsening the perceived lack of visibility. Such a proliferation
of signs leads to visual pollution, creating significant traffic hazards
for motorists and pedestrians. Drivers are distracted, visibility
is impaired, access is impeded, and clear vision at intersections
is prevented.
2.
Appropriate sign regulations can indirectly spur economic development,
while cluttered proliferation can hurt. High quality developments
with well designed signs attract other high quality developments.
Sign clutter gives the impression that a community does not care about
its appearance. There is a need to balance the public’s right
to know, a business’s right to advertise, and a community’s
desire to limit the extent of visual pollution and resulting hazards
from the proliferation of signs and sign clutter.
3.
Signs which do nothing to help motorists or pedestrians identify
a place or help them get to it are the ones which tend to most directly
contribute to sign clutter. Therefore, in order to avoid sign clutter,
sign messages should direct and confirm correct routes to a site;
inform of a site’s general organization, elements and layout;
identify and name the site; and regulate on-site operations. Signs
can use words, symbols, objects, or a combination of these to convey
their message. These messages must be simple and direct. Verbiage
must be minimized to be more easily and safely read by motorists and
pedestrians.
4.
Proportions of signs need not be uniform for all businesses. What
is important is that signs do not dominate a site or building facade,
but instead visually accent and appear to fit within the context and
character of the building or site, and adjacent businesses.
5.
The primary consideration for sign location is visibility. Signs
need to be located so they are not obstructed by other signs or architectural
features. Poorly located signs can be obstacles and hazards. Signs
need to be far enough away from rights-of-way but still close enough
to them, and high enough off the ground but not too high off the ground,
in order to be seen while not visually dominating the area.
6.
The primary function of signs is to index the environment; that is,
to tell people where they can find what. Other subordinate purposes
should be tolerated, but remain auxiliary and secondary to indexing.
The amount, type, size, height, location, and illumination of signs
need only be the minimum necessary to allow motorists to see them,
recognize the activity they represent, and safely slow their vehicle
in time to access the establishment, and/or to allow pedestrians to
recognize the activity they represent.
7.
It is further recognized that there are generally accepted and empirically
derived standards for the type, size, spacing, area, and setback of
signs based upon the speed limits and number of vehicular traffic
lanes on the street that the activity fronts. These standards are
generally intended to allow signs that can be recognized at a given
distance by a motorist, allowing them to safely slow down, turn into
and access the site for which the sign advertises.
8.
However, these standards do not account for the peculiar characteristics
of the town’s business corridors. These characteristics include,
but are not limited to, unusually narrow widths and shallow depths
of commercial properties fronting on the town’s major thoroughfares;
the proximity of existing buildings and signs to each other and to
property and rights-of-way; traffic flows and congestion levels; and
the goals and objectives of the town’s master plan and this
title.
9.
The town has thus determined that these peculiar characteristics warrant modifications to the generally accepted and empirically derived sign standards. The regulations and standards of this section 16.20.010.5 represent these modifications and are considered the minimum amount of regulation necessary to achieve a substantial government interest for public safety, aesthetics, and protection of property values.
B.
Intent and purpose.
1.
The intent of these sign regulations is to create the legal framework
for a comprehensive and balanced system of regulating signs and outdoor
advertising. Such regulations are concerned with communication along
sidewalks, streets, and highways, and deal with symbols and letters
as they appear on signs, banners, storefronts, marquees, canopies,
and all other stationary visual media whether located on or off the
premises of the activity to which the message pertains.
2.
The purposes of these sign regulations are:
a.
To encourage the effective use of signs as a means of communication
in the town;
b.
To maintain and enhance the aesthetic environment and quality of
life within the town;
c.
To maintain and enhance the town’s ability to attract sources
of economic development and growth;
d.
To avoid the visual clutter that is potentially harmful to traffic
and pedestrian safety, property values, business opportunities, and
community aesthetics and appearance;
e.
To improve pedestrian and traffic safety;
f.
To minimize the abundance and size of signs to reduce motorist distraction
and the loss of safe sight distance;
g.
To minimize the possible adverse effect of signs on nearby public
and/or private property;
h.
To preserve the value of property by assuring the compatibility of
signs with surrounding land uses;
i.
To support and complement land use objectives as set forth in the
town’s master plan and this title;
j.
To protect the public safety, health and welfare; and
k.
To enable fair and consistent enforcement of these sign regulations.
C.
Objectives.
A sign may be erected, placed, established, painted, created or maintained in the town only in conformance with the restrictions, procedures, standards, exemptions and requirements of this section 16.20.010.5. The objectives of this section 16.20.010.5 are more specifically set forth herein as:
1.
To prevent the proliferation of signs which is unduly distracting
to motorists and nonmotorized travelers, reduces the effectiveness
of signs directing and warning the public, causes confusion, reduces
desired uniform traffic flow, and creates potential for vehicular
accidents.
2.
To reduce visual pollution and physical obstructions caused by a
proliferation of signs that could diminish the town’s image,
property values and quality of life.
3.
To protect the general public from damage and injury caused by the
distractions, hazards and obstructions generated and caused by the
proliferation of signs.
4.
To protect and enhance the aesthetic quality of the town by encouraging
signs which are compatible with conforming existing signs, have good
viewing qualities with passing motorists, and are compatible with
buildings and streets, through the establishment of specific standards
for various areas in the town.
5.
To reduce visual distractions and obstruction to motorists traveling
along, entering or leaving streets.
6.
To authorize the use of signs which are compatible with their surroundings,
appropriate to the activity that displays them, expressive of the
identity of individual activities and the community as a whole, and
legible in the circumstances in which they are seen.
7.
To keep signs within a reasonable scale with respect to the buildings
to which they relate.
8.
To prohibit all signs not specifically permitted by this section 16.20.010.5.
9.
To provide for the enforcement of the provisions of this section 16.20.010.5.
10.
To prevent signs that are potentially dangerous to the public due
to structural deficiencies, disrepair or distraction to motorists.
11.
To prevent the placement of signs in a manner which will conceal
or obscure other signs, directional and/or warning signs, or signs
of adjacent businesses.
12.
To keep the number and size of signs at a level reasonably necessary
to identify a business enabling the public to locate goods, services
and facilities without excessive difficulty and confusion by restricting
the number and placement of signs.
13.
To prevent hazards due to collapse, fire, collision, decay or abandonment
of signs.
14.
To establish a permit system to allow signs suitable for the sign
area in which it is located that complies with the regulations and
permit procedures contained herein.
15.
To protect the public right to receive messages, especially noncommercial
messages such as religious, political, economic, social, philosophical
and other types of information protected by the first amendment of
the United States constitution.
(Ordinance 13-02 adopted 2013)
The town adopts the right-of-way rules and regulations of the
New Mexico department of transportation regarding uses of the right-of-way
(ROW) owned by the State of New Mexico. (Use note: Please consult
the New Mexico Administrative Code title 18, Transportation and Highways,
chapter 20, Traffic Safety, part 5, Removal of Encroachments, Obstructions,
Abandoned Motor Vehicles and for Restriction of Vending. That section
generally prohibits the display of signs on any state highway ROW,
including NM 64 in the town.)
(Ordinance 13-02 adopted 2013)
Any person, corporation, or other entity shall first obtain
a sign permit prior to the erection, alteration, or relocation of
any sign. The code administrator or designee shall have regulatory
oversight of the permitting and inspection of all signs and the enforcement
of these sign regulations.
(Ordinance 13-02 adopted 2013)
Every application for a sign permit pursuant to these sign regulations
shall be made on the sworn application supplied by the code administrator,
and must include the following:
A.
All information required on the application;
B.
A description or a sketch of the proposed site of the proposed sign,
showing its position upon the lot, building or structure in relation
to identified adjacent lots, buildings or structures, and public rights-of-way,
easements, and any existing sign at that location;
C.
A sketch, digital rendering, or a digital photo of the proposed sign
itself, clearly displaying its graphic and lettering content, its
overall dimensions, the manner and materials of its construction,
and the proposed method of attachment to the building or structure,
or the ground, where it will be situated;
D.
Such other information as may from time to time, be deemed necessary
by the code administrator or designee to ensure compliance with these
sign regulations and other ordinances of the town.
(Ordinance 13-02 adopted 2013)
A.
The fee imposed upon all permanent signs shall be a nonrefundable payment as listed in the fee schedule in appendix A of this code.
B.
The fee imposed upon all temporary signage shall be a nonrefundable payment as listed in the fee schedule in appendix A of this code.
C.
The fees imposed upon all signs may, from time to time, be adjusted
by a resolution of the town council of the town; and that body may
likewise, in the interest of public order, public safety or aesthetics,
impose other or additional requirements or surcharges for particular
types of signage.
(Ordinance 13-02 adopted 2013; Ordinance adopting 2023 Code)
A.
It shall be the duty of the code administrator or designee to examine
all sign permit applications for compliance with the provisions of
these sign regulations; and issue a sign permit, or an explanatory
denial thereof, within ten (10) business days of the filing of the
complete application. Any explanatory denial of an application must
include a statement concerning why the application is denied, citing
the specific reasons for the denial.
B.
A current town sign permit shall be prima facie evidence of compliance
with these sign regulations, as well as of the payment in full of
all required fees, surcharges, penalties, interest thereon, and costs
assessed; and it grants the holder thereof a nontransferable permit
to display the approved sign for the specific location indicated on
the permit application and resulting sign permit.
C.
Every recipient of a sign permit shall be responsible for retaining
said permit and to provide evidence of the permit when requested by
the code administrator or designee.
(Ordinance 13-02 adopted 2013)
A.
The code administrator or designee shall conduct regular inspections
of all signs in order to verify compliance with the provisions of
these sign regulations.
B.
The code administrator or designee shall have the authority to enter
upon any lot, property, or premises, at any reasonable time and with
reasonable notice to the property owner, to inspect the sign thereon
or within.
C.
The code administrator or designee shall ascertain that all signs upon a premises or property have been properly permitted and in compliance with the provisions of these sign regulations. Any noncompliance shall be subject to the penalty clause of this section 16.20.010.5.
(Ordinance 13-02 adopted 2013)
A.
An applicant for a sign permit may appeal the final decision of the
code administrator or designee to the planning and zoning commission
or, as applicable, the historic preservation commission.
B.
An applicant for a sign permit may apply to the planning and zoning
commission for a variance to the standards and provisions of these
sign regulations. The planning and zoning commission, in hearing and
deciding upon any application for a variance from the provisions of
these sign regulations, may properly consider a balance between the
following:
1.
That a literal application of the provisions of these sign regulations
would cause undue financial hardship to the applicant because of conditions
that are unique to the building, structure, premises, or lot, upon
which the proposed signage is to be situated;
2.
That the granting of applicant’s request for a variance from
the provisions of these sign regulations would not be materially detrimental
to the public, or to property owners, or existing businesses, in the
immediate vicinity of the proposed signage;
3.
That the granting of applicant’s request for a variance from
the provisions of these sign regulations would not be contradictory
to the intent, general purposes and objectives of these sign regulations,
any other sections of this title, nor any other ordinance of the town;
4.
That, in the case of multi-tenant centers, the requested variance
nevertheless substantially meets the goals of the town Vision 2020
Master Plan or its successor master plan, comprehensive plan or similar
document approved by the town council;
5.
That, in the case of multi-tenant centers, the requested variance
assures that signage visible from public rights-of-way does not exceed
the design and dimension requirements set forth elsewhere in these
sign regulations;
6.
No variance from the provisions of these sign regulations may allow
more than a twenty percent (20%) increase in the size, sign area,
height or other sign dimension set forth in these sign regulations.
C.
All appeals and variances shall be conducted according to the criteria
and procedures specified in this title.
(Ordinance 13-02 adopted 2013)
All signs must adhere to the following minimum standards:
A.
All permanent signs shall relate to the purpose of the specific business
entity displaying same, [and] shall be consistent upon any premises
in basic design, style, color and manufacture.
B.
No sign may be constructed of, or incorporate, any reflective material
or internal illumination that will constitute a visual hazard to drivers
along public rights-of-way; nor may they be painted, in whole or in
part, with fluorescent colors.
C.
The height of any sign shall not exceed twenty feet (20').
D.
The maximum total sign area of the permanent signs for each place
of business must not exceed sixty (60) square feet.
E.
The maximum total sign area of the temporary sign must not exceed
twenty-four (24) square feet, and does not count toward the sixty
(60) square foot maximum sign area for permanent signs.
F.
The combination of the total sign area of all permanent signs and
all temporary signs must not exceed eighty-four (84) square feet.
G.
No single permanent freestanding sign may exceed forty (40) square
feet in sign area.
H.
All of the mounted wall signs shall not exceed ten percent (10%)
of the building facade upon which it is affixed, but may be a minimum
of twelve (12) square feet in sign area if the area of the facade
does not permit a sign larger than twelve (12) square feet.
(Ordinance 13-02 adopted 2013)
A.
Number of signs permitted.
1.
An applicant may be permitted no more than three (3) permanent signs
for each place of business.
2.
An applicant may be permitted no more than four (4) temporary sign
permits per year and only when there is a thirty (30) calendar day
lapse period between temporary sign permits. Temporary sign permits
shall be valid for a maximum period up to sixty (60) days and shall
be valid for only one temporary sign per temporary sign permit.
B.
Types of signs permitted.
1.
An application for a permanent sign may be permitted for a combination
of the following signs:
a.
Wall mounted sign.
Wall mounted signs are limited to
ten percent (10%) of the area of that portion of the facade to which
it is affixed. Wall mounted signs shall not extend above the roofline
or parapet of the structure.
b.
Cutout letter sign.
Signs consisting of cutout lettering
and logo, with no borders or background defined on the building wall,
or signs constructed of carved wood or similar material that provides
articulation and depth to the sign, will be calculated at one-half
(1/2) of the area of the smallest rectangle that would wholly contain
each of the letters and logo (if applicable).
c.
Hanging sign.
Hanging signs may display two (2) faces,
although only one face shall be calculated as the total sign area.
All hanging signs shall provide a minimum of seven and one-half feet
(7-1/2') of vertical clearance from the average grade to the bottom
of the sign.
d.
Projecting sign.
Projecting signs may display two (2)
faces, although only one face shall be calculated as the total sign
area. All projecting signs shall be engineered to withstand a gusting
wind velocity of ninety (90) miles per hour, as per the building code
of the town.
e.
Freestanding sign.
Freestanding signs consist of, but
are not limited to, monopole signs and monument signs. Freestanding
signs may display two (2) faces, although only one face shall be calculated
as the total sign area. All freestanding signs shall be engineered
to withstand a gusting wind velocity of ninety (90) miles per hour,
and bear a dead weight load of forty (40) pounds per square foot;
as set forth in the building code of the town.
f.
A-frame signs.
A-frame signs shall not have a sign area
greater than six (6) square feet on each face and shall be placed
in a specific location approved by the code administrator or designee.
A-frame signs must only be placed during business hours.
2.
An application for a temporary sign may be permitted for one temporary
sign not to exceed sixty (60) consecutive days which directs attention
to a business, product, service, or entertainment conducted, sold
or offered on the premises upon which the temporary sign is located,
provided there is a thirty (30) consecutive day lapse between temporary
sign permits. Temporary signs must be affixed to the facade of the
building of the business it is advertising.
(Ordinance 13-02 adopted 2013)
A.
All applicants for a multi-tenant center sign are required to submit
a master sign program to the code administrator or designee prior
to the issuance of any sign permit for the overall premises. The master
sign program should include signs which are compatible in design among
all tenant businesses within the multi-tenant center in order to foster
integration of all signs with the architectural style of the building
or complex of buildings.
B.
Multi-tenant centers are permitted the following forms of signage:
1.
One multi-tenant center freestanding sign per street frontage shall
be permitted to display the name and street address of the center
and the names of the tenants of the center.
a.
The street address shall be no less than three (3) square feet and
shall be excluded from the calculation of the sign area.
b.
The name of the center shall be no greater than ten percent (10%)
of the total sign area and shall not be included in the calculation
of the total sign area.
c.
The maximum sign area for a multi-tenant freestanding sign shall
be as follows:
(1)
For a multi-tenant center which has two (2) to five (5) tenants,
the maximum sign area shall be sixty (60) square feet.
(2)
For a multi-tenant center which has six (6) to nine (9) tenants,
the maximum sign area shall be eighty (80) square feet.
(3)
For a multi-tenant center which has ten (10) or more tenants,
the maximum sign area shall be one hundred (100) square feet.
d.
The sign area of a sign for each tenant in a multi-tenant center
shall be distributed evenly among all tenants.
e.
Multi-tenant center freestanding signs may contain two (2) faces,
although only one (1) face shall be calculated as the total sign area
as described in this section.
f.
All multi-tenant center freestanding signs shall be engineered to
withstand a gusting wind velocity of ninety (90) miles per hour, and
bear a dead weight load of forty (40) pounds per square foot; as set
forth in the building code of the town.
g.
Individual multi-tenant center freestanding signs may not be closer
than one hundred feet (100') to one another.
2.
One (1) multi-tenant center wall sign shall be allowed and shall
not exceed ten percent (10%) of the building facade to which it is
affixed. Multi-tenant center wall signs shall not extend above the
roofline or parapet of the structure.
(Ordinance 13-02 adopted 2013)
The traditional neighborhood development district contains specific
regulations for signs in that district and can be found in this title.
(Ordinance 13-02 adopted 2013)
All signs within the historic overlay zone shall comply with
the special regulations, particular restrictions, or prohibitions
of this section in addition to the general provisions of these sign
regulations.
A.
Freestanding signs shall not exceed twelve feet (12') in height.
B.
Other than an internally lit menu sign, any internally lit sign,
LED, and time and temperature sign is prohibited in the historic overlay
zone.
C.
Legal nonconforming neon tubing signs that are contributing features of a locally designated contributing or non-contributing building, a registered state listed historic property or a federally listed historic property at the time of passage of this section are exempt from the provisions of this section 16.20.010.5, “Sign regulations”, as long as the sign is not altered.
D.
The town will consider the use of neon on a limited basis as artwork
or signage if it is deemed by the HPC to be appropriate to the architectural
period, artistic application or the type of structure or business
it is associated with. The use of neon shall be compatible and harmonious
with the primary color(s), style and architecture of the building
or development. All use of neon for signage and exterior decoration
or displays associated with a business or structure shall be allowed
only after obtaining a certificate of appropriateness from the HPC.
E.
A sign for advertising purposes may be painted on the wall of a building,
provided that the total sign area does not exceed twenty (20) square
feet and consists of no more than two (2) words. The words must only
advertise the store name, product or service made available (e.g.,
“pharmacy” or “art gallery”). Any such sign
painted on a wall which is proposed to exceed twenty (20) square feet
or exceed two (2) words or bear a specific product or business name
may be approved only after receiving a certificate of appropriateness
from the HPC.
F.
An A-frame sign shall not exceed four (4) square feet, may not be
placed within the public right-of-way and shall not be placed as so
to obstruct vehicular, bicycle or pedestrian traffic. Placement of
A-frame signs shall not result in or contribute to any violation of
the most current ADA standards for accessibility.
G.
A temporary sign shall not exceed twelve (12) square feet within
the Taos Plaza.
H.
Signs shall be constructed of natural materials such as solid wood, custom metal, stone or stained glass. Wood signs with relief are encouraged. Signs constructed of high density urethane or other artificial material may be allowed only when they are carved, painted or sandblasted to create the appearance of woodgrain or other natural material. Any proposed signage that deviates from the material requirements of this provision may be approved only after receiving a certificate of appropriateness from the HPC in accordance with the provisions of section 16.16.220.12 of this title.
I.
Any sign, including supporting structures and components, if any,
shall be architecturally compatible with the building to which the
sign is to be attached or to the building with which the sign is associated.
(Ordinance 17-03 adopted 2017)
The following types of signs are conditionally exempt from these
sign regulations and do not require a sign permit provided they comply
with the design criteria defined in this section. Any exempt sign
which does not meet the design criteria will be deemed in noncompliance
with these sign regulations.
A.
Bulletin boards.
A single on-premises exterior bulletin
board is permitted, so long as the bulletin board does not exceed
eight (8) square feet in sign area nor exceed seven feet (7') in overall
height.
B.
Construction signs.
No more than two (2) construction
signs shall be permitted per project location so long as each construction
sign is no larger than twenty-four (24) square feet in sign area and
no greater than six feet (6') in height.
C.
Commercial sign walker.
One (1) commercial sign walker
shall be allowed per each place of business provided that sign area
does not exceed three (3) square feet in sign area. Commercial sign
walkers shall be prohibited within the historic overlay zone (HOZ).
D.
Directional signs.
No more than two (2) directional
signs shall be allowed per premises, provided they do not exceed six
(6) square feet nor three feet (3') in height.
E.
Drive-through menu signs.
Drive-through menu signs are
exempt from these sign regulations provided they do not exceed two
(2) in number per premises. Drive-through menu signs shall not be
located in the street frontage facade of the building.
F.
Election campaign signs.
An election campaign sign is
exempt from the provisions of these sign regulations provided there
are no more than five (5) such signs per site location, nor exceed
six (6) square feet in sign area, and so long as the sign is posted
with the consent of the property owner. All such signs shall not be
placed earlier than sixty (60) days prior to the election, and shall
be removed within three (3) days after the election. These signs shall
not be posted on any public right-of-way or on town property.
G.
Garage sale and yard sale signs.
One (1) on-premises
sign announcing a garage or yard sale event shall be wholly exempt
from the provisions of these sign regulations provided it is located
on the premises where the sale is to be held. No more than three (3)
off-site signs announcing a garage or yard sale event shall likewise
be wholly exempt from the provisions of these sign regulations provided
they are posted with the consent of the owner of the premises on which
they are placed. Such sign shall not be displayed for a period of
more than two (2) consecutive days prior to the event and must be
removed by the entity or individual who posted them within one (1)
day of the conclusion of the event.
H.
Gasoline station price signs.
One (1) on-premises single
or double faced gasoline price sign is exempt from the provisions
of these sign regulations provided the sign does not exceed twelve
(12) square feet per each sign area and does not bear any advertising
or logo other than a gasoline brand name and price. No more than one
(1) double faced price sign is permissible at any one (1) location.
I.
Government sponsored special event signs.
A temporary
sign erected or authorized by the town which advertises a community
event is exempt from these sign regulations.
J.
Menu signs.
Menu signs shall be no greater than six
(6) square feet and are exempt from these sign regulations so long
as such sign is mounted on the facade near the entrance of the restaurant
or eatery.
K.
Memorial signs.
On-premises memorial signs are exempt
from the provisions of these sign regulations so long as the sign
is permanently attached to the building or structure to which they
refer and do not exceed three (3) square feet in sign area.
L.
Noncommercial signs.
Permanent, civic, church, service
club, political, or other noncommercial signs or emblems, whether
for a charitable purpose, a religion, a cause, an idea, an ideology,
or any other noncommercial purpose, are exempt from these sign regulations.
M.
Real estate (residential) signs.
Real estate (residential)
sales or leasing signs are exempt from these sign regulations, but
are limited to one (1) such sign per street frontage, which may be
double faced, and the sign shall not exceed six (6) square feet in
sign area, nor exceed five feet (5') in height above the average grade
below. Such sign shall be removed within three (3) days of the rental,
leasing or sale closing of the property.
N.
Real estate (commercial, industrial, agricultural) signs.
Real estate (commercial, industrial, agricultural) signs are exempt
from these sign regulations, but are limited to one (1) such sign
per street frontage, and which may be double faced, and which may
not exceed twelve (12) square feet in sign area, nor exceed eight
feet (8') in height above the average grade below. Such sign shall
be removed within three (3) days of the rental, leasing or sale closing
of the property.
O.
Street address signs.
Street address signs shall not
exceed three (3) square feet per each sign area and are exempt from
these sign regulations. Whenever possible and practical, the street
address of the property shall be clearly visible to the public.
P.
Subdivision signs.
Subdivision signs are exempt from
these sign regulations, but shall not exceed twelve (12) square feet
in sign area and shall not exceed six feet (6') in height. Subdivision
signs shall be located at the main intersection or intersections entering
into the subdivision.
Q.
Time and temperature signs.
Time and temperature sign
(prohibited in the historic overlay zone) is exempt from these sign
regulations, but shall not exceed twelve (12) square feet per each
sign area, nor exceed an overall height of six feet (6'). Time and
temperature signs are not permitted, or allowed by any variance process,
within the historic overlay zone.
R.
Window signs.
Window signs are exempt from these sign
regulations, but the total area of all window signs shall not exceed
twenty percent (20%) of all of the window area visible to the public.
S.
Illuminated window signs.
Except in the historic overlay
zone, interior static neon, LED, or otherwise internally illuminated
window signs displaying messages such as “open” or other
advertisements are permitted, provided they do not exceed, cumulatively,
three (3) square feet in total sign area.
T.
Vehicle and equipment signs.
Signs on trucks, buses,
boats, trailers or other motorized vehicle and equipment are permitted
so long as the signs adhere to the following standards:
1.
The primary purpose of the vehicle or equipment is not the display
of signs;
2.
The vehicle/equipment is in operating condition, currently registered
and licensed to operate on public streets when applicable, and actively
used in the daily function of the business to which signs relate;
3.
The vehicles and equipment are not used primarily as static displays,
advertising a product or service, nor utilized as storage or shelter;
and
4.
During periods of inactivity, the vehicles and equipment shall be
stored in a designated parking space, said vehicle shall not be parked
in drive aisles, landscaped areas, public right-of-way, or any other
areas not specifically designated for parking.
(Ordinance 17-03 adopted 2017)
The following types of signs are exempt from these sign regulations
and do not require a sign permit:
A.
Government, school, or hospital signs;
B.
Government sponsored wayfinding signs;
C.
Historic or commemorative markers;
D.
Noncommercial flag;
E.
Picketing signs; and
F.
Signs required by law.
(Ordinance 17-03 adopted 2017)
In order to accomplish the intent and purposes and to fulfill
the objectives of these sign regulations, the following types of signs
are prohibited:
A.
Signs that flash, blink, rotate, or varies the degree of internal
illumination;
B.
Signs with any moving parts;
C.
Signs utilizing or incorporating an audio device;
D.
Billboards;
E.
Commercial flagpole signs;
F.
Inflatable signs;
G.
Animated signs;
H.
Signs which obstruct a motor vehicle or pedestrian, signs which obstruct
the view or path of an operator of any motor vehicle, cyclist or pedestrian
upon any public right-of-way, signs that are present within the “clear
sight triangle” as defined in this title, or signs that are
not permitted as specified within the town’s access management
manual or successor documents;
I.
Signs erected or placed on the ground within, or suspended or projecting
above, a public right-of-way. Directional, safety and construction-related
signs or other signs placed within or above a public right-of-way
by or with the permission of a governmental entity with jurisdiction
are exempted from this prohibition, provided there is a valid and
substantial public health, safety, welfare or aesthetic reason for
such sign. Signs advertising a business or service within Taos Plaza
may project over the sidewalk immediately adjacent to the business
so long as said sign is a minimum of seven feet (7') above the sidewalk
and is otherwise in conformance with the provisions of this section;
J.
Signs bearing a similarity in style or design with commonly seen
traffic signs or signals, and making use of such words as “stop”,
“look”, “danger”, or similar phrase or symbol,
which tend to mislead, confuse, or impede the orderly flow of either
pedestrian or vehicular traffic;
K.
Signs illuminated by floodlights or spotlights not complying with
title 15, chapter 15.28 of this code (dark skies);
L.
Signs that restrict the free ingress or egress of any street, alley,
sidewalk, window, door, or fire exit;
M.
Signs projecting above a roofline, eave, or parapet;
N.
Signs spanning any public walkway or public access area whose lower
edge is less than seven feet (7') above the average grade below;
O.
Signs that are hazardous, or in dilapidated and dangerous physical
condition, or from which nails, tacks, screws, wires, or sharp objects
of any nature may protrude;
P.
Commercial signs constructed of cardboard, paper, cloth, or other
nondurable material;
Q.
Signs attached to a tree, fence, utility pole, transit facility enclosure,
or street seating, within any state or town right-of-way;
R.
The use of neon or LED or similar illumination device to graphically
outline any building, exterior walls, fence or other structure;
S.
Commercial signs placed on or affixed to a sidewalk or stairs unless
specifically permitted by these sign regulations;
T.
Signs placed in or affixed to public property, except for banners
and other signs placed with permission of the town or other governmental
entity that owns the property at locations where rental of space for
such banners or signs is permitted by this code, and except for signs
affixed by the governmental entity that owns the public property;
and
U.
Off-premises signs.
(Ordinance 17-03 adopted 2017)
Upon the determination of the code administrator or designee that any sign is in violation of these sign regulations by reason of being situated or intruding upon a public right-of-way, or creating an immediate danger or peril to public safety, a verbal notification shall be issued to the holder of the sign permit, or to the owner, agent, entity or individual enjoying the beneficial use of the noncompliant sign, or both, to take down and remove same within two (2) hours or such shorter period as public safety may require in the circumstances; after which the noncompliant sign may be removed by the town with the costs of removal assessed against the property owner, the holder of the sign permit, or the noncompliant owner, agent, entity or individual, or both and will be subject to the penalty clause of this section 16.20.010.5.
Upon the determination of the code administrator or designee that any sign is obsolete or abandoned and no longer advertises or informs of a bona fide, existing business or trade, or a product or service being offered at any premises, structure, or lot, or advertises or promotes a person and/or place and/or event for a fixed date that has passed, a written or verbal notice shall be issued to the holder of the sign permit, or to the owner, agent, entity or individual enjoying the beneficial use of the premises, structure, or lot upon which the noncompliant signage is situated, or both, to take down and remove same within seventy-two (72) hours; after which the noncompliant signage may be removed by the town with the costs of removal assessed against the property owner, the holder of the sign permit, or the noncompliant owner, agent, entity or individual, or both and will be subject to the penalty clause of this section 16.20.010.5.
Upon the removal of any noncompliant, unsafe, obsolete or abandoned sign, the building, structure, or lot from which the sign is removed shall, within ten (10) days thereafter, be cleaned, patched, painted, or otherwise remediated by the owner, agent, entity or individual responsible for the premises. All supports, stanchions, brackets, mounts, attachments, or other sign connecting devices shall be removed, leaving no visible evidence. The code administrator or designee shall inspect and certify compliance; or alternatively, issue written notice for further remediation within a specified time, after which the noncompliant remnants may be removed or remediated by the town, and the costs of same assessed against the property owner, the noncompliant permit holder, or owner, agent, entity, or individual responsible and will be subject to the penalty clause of this section 16.20.010.5.
(Ordinance 13-02 adopted 2013)
All legal nonconforming signs shall be deemed allowable to the
following extent:
A.
An existing permitted sign, as well as an existing permitted sign
annexed into the town, that is not in compliance with these sign regulations
shall be allowed to be used as a legal nonconforming sign until such
time as the sign is altered, replaced, or improved.
B.
Alteration, improvement, or replacement of any one (1) legal nonconforming
sign located on the premises shall require all signs upon the property
to conform to these sign regulations.
C.
Temporary signs, including window signs, may not possess legal nonconforming
status. All such signs must adhere to the requirements of this section
within thirty (30) days from the date of adoption.
(Ordinance 17-03 adopted 2017)
A.
Upon the determination of the code administrator or designee that
any sign is in violation of these sign regulations, the property owner,
the holder of the sign permit, or the owner, agent, entity, or individual
responsible will be fined not less than fifty dollars ($50.00) for
the first offense, and not less than one hundred fifty dollars ($150.00)
for the second offense.
B.
Upon the determination of the code administrator or designee that
[there has been] a third offense of any sign violation to these sign
regulations, the property owner, the holder of the sign permit, or
the owner, agent, entity, or individual responsible shall be deemed
guilty of a petty misdemeanor and upon conviction thereof, shall be
fined not less than fifty dollars ($50.00) nor more than three hundred
dollars ($300.00).
C.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punished as such hereunder.
(Ordinance 13-02 adopted 2013)
The provisions of these sign regulations are severable; and
if any section, subsection, paragraph or part of these regulations
is held to be invalid, unenforceable, unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, unconstitutionality,
or inapplicability shall not affect, impair, or render void, the remainder
of these sign regulations.
(Ordinance 13-02 adopted 2013)
The provisions of these regulations shall become effective five
(5) days after its publication unless otherwise provided by law.
(Ordinance 13-02 adopted 2013)
A self-supporting sign consisting of two (2) equal faces
that is easily relocated which is only displayed only during the hours
of operation of the business.
A sign that is subject to removal or designation as a nonconforming
sign because it is in a state of disrepair, located upon public right-of-way,
or is in any state of repair and is located upon a vacant building
or lot for more than one hundred eighty (180) consecutive days.
A sign whose face changes to simulate motion or changes messages
in intervals of less than five (5) minutes.
Any device which emits a sound that is audible to the general
public.
A temporary sign constructed of durable cloth, paper, plastic
or other non-rigid material that is affixed to a building through
grommets by rope, hooks, or similar anchors. All banners must be attached
to the facade of the building of the business it is advertising.
A freestanding sign advertising goods, products, or services
of dimensions larger than those permitted by these sign regulations
and which advertises a good, product, or service in a separate location
from where the business is located.
An internally lit permanent sign where the illumination originates
completely within the sign structure. Box backlit signs shall comply
with the requirements of wall signs.
Cork backed boards or boards surfaced with similar material
that allow for information to be affixed to said surface with a tack,
staple, or similar anchor.
A sign which is on a canopy affixed to a building.
Fabric affixed to a pole which advertises a business, product,
or service.
Any person who carries a sign in any manner that displays
a commercial message.
A sign which identifies an architect, builder, contractor,
subcontractor, material supplier, financing entity or others participating
in any construction, design or alteration on the property on which
the sign is located. It may also include a picture or representation
of the structure under construction.
Within the historic overlay zone, any historical signage
that provides appropriate historical context, historical architecture,
historic association, historic value, or is otherwise capable of yielding
important information about specific historical periods.
A permanent sign whose design incorporates the use of separate
letters individually mounted without using any backboard or raceway.
See title 15, chapter 15.28 of this code (town Ordinance
99-2 [07-02]).
A sign that guides a pedestrian or vehicle to an entrance,
exit, or similar function on a property.
A sign located at a drive-through that provides a menu of
items that may be purchased from a vehicle at a pick-up window.
A sign which conveys a political message in relation to an
election or candidate.
A sign which is illuminated by a light source external to
the sign and/or sign structure.
The exterior side of a building facing a sidewalk or a road,
street or highway frontage. In the case of a business within a multi-tenant
center, the facade shall be limited to only the space of the tenant.
A sign which sequentially changes its illumination.
A permanent sign which is not attached to a building or wall.
A freestanding sign may display two (2) faces, and shall be engineered
to withstand a gusting wind velocity of ninety (90) miles per hour;
and bear a dead weight load as set forth in the building code of the
town. Only one (1) sign area of a double faced sign shall be calculated
in the sign area.
A sign used to advertise sales at residential properties.
Sign erected, posted, or displayed by federal, state or local
governmental authorities or a hospital.
Wayfinding signs sanctioned by the town and/or the State
of New Mexico.
A sign which is mounted to the ceiling of a portal, post,
or similar structure over a sidewalk or a walkway.
The distance measured from the average grade of the foundation
of the sign structure to the highest portion of the sign.
A marker placed upon a building, structure, property, or
embedded in a sidewalk listing its inclusion on the local, state,
or national register of historic places or in commemoration of a person,
place or event.
The area as depicted as the historic overlay zone upon the
most recently approved zoning map of the town.
Any sign which uses a gas or air to inflate in order to be
deployed.
Any sign whose light source originates within the sign structure.
A sign which uses light emitting diodes for illumination.
A sign erected prior to the latest amendment to these sign
regulations that does not conform to the requirements of this section.
A graphic or artistic symbol, picture, stylized lettering
and other images used to identify a particular business or product.
A sign with changeable letters displaying entertainment or
event offerings within an area of public assembly such as a theater,
motion picture theater, or convention center. A marquee sign, whether
as a part of a mounted sign or a freestanding sign will be included
in the maximum sign area for a permanent sign.
A sign commemorating a historic or public event, individuals,
or landmarks significant to local or national history.
A sign in a display case or similar sign provided on the
exterior of a restaurant or eatery listing food and drink offerings
and their prices provided on the premises.
A freestanding sign supported by a pole structure that is
less than the width of the sign area affixed to it.
A freestanding sign affixed to a solid structure that is
equal to or greater than the width of the sign.
A sign which is affixed to a building, wall or similar structure.
Multi-tenant centers are those premises where two (2) or
more businesses share a common building or location; a building or
group of buildings with more than one (1) tenant and have the same
address, located on the same parcel or share adjoining walls.
A map illustrating the location and type of each multi-tenant
center sign.
Any one (1) of the following:
Multi-tenant center directional sign.
A sign bearing arrows, words, or legends such as “self-service”,
“drive-through”, “parking”, “closed”,
“open”, “office”, “restrooms”,
or displaying the premises’ logo or street address and is visible
from public roadways.
Multi-tenant center directory sign.
A sign listing multiple tenants and may include a map depicting
the location of tenants.
Multi-tenant center freestanding sign.
A freestanding sign located along a street frontage advertising
the name and street address of the center and the names of the tenants
of the center.
Multi-tenant center name wall sign.
A wall sign depicting the name of the multi-tenant center.
A sign which uses neon or other gas tubing to form letters,
symbols or other shapes.
A cloth depicting the symbols associated with a nation, state,
city, town, or other governmental, community or nonprofit organization.
A sign identifying a religious, civic, philanthropic or other
noncommercial organization or containing any noncommercial message.
A sign advertising a business, service or product not located
on the lot or parcel on which the sign is located.
A sign that is located on the same lot or parcel on which
the activity being advertised is conducted.
A sign permanently affixed to the ground, wall, or other
structure.
The written approval of a sign permit application issued
by the code administrator approving the use of a sign or signs.
A handheld sign which shall remain in a person’s control
at all times.
A covered entrance, porch, or walkway adjacent to or affixed
to a building.
A sign supported by a cross member above the sign face and
affixed to a pole, wall, or other structure and hangs.
A sign advertising the sale, rental or lease of a commercial,
industrial or agricultural property upon which the sign is located.
A sign advertising the sale, rental or lease of a residential
property upon which the sign is located.
“Highway right-of-way” means roads, patrol yards,
and rest areas owned, controlled, or maintained by the New Mexico
department of transportation. The term “road” means the
entire width of the right-of-way and shall include, but not be limited
to: travel lanes, roadside, shoulder, median, ditches, culverts, ramps,
turnouts and construction and maintenance easements.
Anything with lettering and/or graphics or pictures intended
to communicate, or any similar device used to identify or advance
any message.
The total physical dimensions of the size of the sign as measured by the product of the width multiplied by the height. The sign area includes the sign trim and logo but not any support structure. The sign area shall consist of the total area of all signs on the premises for calculation of allowable sign coverage under this section 16.20.010.5.
Signs required by law to conduct business for approved uses
within any town zoning district.
A sign which depicts the numerical address of a property.
A property line bordering a public roadway.
A sign identifying a residential or commercial subdivision.
Any nonpermanent sign permitted for display not longer than
thirty (30) consecutive days which directs attention to a business,
product, service, or entertainment conducted, sold or offered on the
premises upon which the sign is located.
A sign informing the public of the time and/or temperature,
whether freestanding or mounted.
The area as depicted as the traditional neighborhood development
district upon the most recently approved zoning map of the town.
Any sign affixed to an exterior wall.
Any sign placed within, painted on, or otherwise affixed
to the glazing of a window.
(Ordinance 17-03 adopted 2017)
Title 15, chapter 15.32, “Wireless Telecommunications
Towers And Antennas”, of this code, as adopted by the town council
and as may be amended from time to time, is hereby incorporated and
made part of this title, and shall apply in the town.
(Ordinance 03-05 adopted 2003; Ordinance 09-19 adopted 2009)
A traffic impact study is required for any land use development,
including, but not limited to, rezoning, conditional use, subdivision,
building permit or permit for street or roadway access. Traffic impact
studies shall comply with the procedures and minimum standards established
by resolution of the town council. In instances in which greater traffic
impacts are anticipated, the professional services of a registered
New Mexico engineer will be required1.
1Traffic impact study may only need
a checklist completed by the applicant and a staff member.
(Ordinance 03-16 adopted 2003)
This chapter enacts a process and procedure for the installation
of murals on private and public property within the town jurisdiction
to include the Town of Taos Historic Overlay Zone. Mural regulations
shall promote public safety and welfare by ensuring that the following
objectives are achieved:
A.
The design, construction, installation, repair, and maintenance
of murals will not interfere with traffic or otherwise endanger public
safety;
B.
The visual environment will be protected by regulating the subject,
size, height, spacing, and location of murals; and
C.
Murals shall not include any commercial advertising.
(Ordinance 23-15 adopted 10/24/2023)
The procedures outlined herein shall provide a method for reviewing
proposed murals to ensure that they comply with the criteria outlined
below. In conducting said review the town is not considering, assessing
or taking responsibility for copyright and/or related matters.
(Ordinance 23-15 adopted 10/24/2023)
It is unlawful for any person, firm, or entity to erect, construct,
maintain, move, alter, change, place, suspend, or attach any mural
within the town without first obtaining (1) a conditional use permit,
if the proposed mural is to be located within the town's jurisdiction
but outside of the historic overlay zone, or (2) a certificate of
appropriateness if the proposed mural is to be located within the
town's historic overlay zone. Applications shall include:
A.
Application procedures as per section 16.12.040.5.
B.
Applicable fees as set forth in the adopted town fee schedule.
C.
Such information as the code administrator shall reasonably
require, including but not limited to:
1.
A scaled, color illustration of the proposed mural with a description
of the materials to be used and their locations designated on the
mural drawing;
2.
Photographs of the proposed location of the mural;
3.
Images of the proposed mural superimposed to scale to show the
relationship of the artwork to the immediate streetscape;
4.
Material board showing exact proposed colors, and materials;
5.
A written explanation of the imagery concept(s), including but
not limited to:
a.
A description of how the artwork enhances the aesthetic experience
within the town through scale, color, material, and texture; and
b.
A description of how the mural portrays historical, environmental,
geographical or cultural features of the town or the proposed site,
as well as the mural's relationship to the existing architecture,
natural geography and cultural landscape of the site;
6.
A written explanation of the existing wall surface and cladding,
its suitability to receive the proposed materials, and the potential
impact to historic materials, where relevant;
7.
Evidence that the property on which a mural is proposed is up
to code and well maintained;
8.
A written explanation of the estimated life expectancy for the
materials used; and
9.
Artist's portfolio of mural work, including but not limited
to examples of prior projects comparable to the proposed mural design.
(Ordinance 23-15 adopted 10/24/2023)
A.
Murals are only permitted within C-1, C-2, CBD, M-1, HCPD and
HOZ zones.
B.
Murals are not permitted on residential properties within any
zone within the town.
C.
Murals are not permitted on contributing properties within the
historic overlay zone.
D.
No part of a mural shall exceed the height of the structure
to which it is tiled, painted or affixed.
E.
No part of a mural shall extend more than six inches from the
plane of the wall upon which it is tiled, painted or affixed.
F.
No signs shall be affixed in, on or abutting the mural surface
area. Existing signs on subject surface shall be removed, or relocated
as reviewed and approved by the code administrator, or designee.
G.
No mural shall consist of or contain electrical or mechanical
components or changing images, including but not limited to moving
structural elements, flashing or sequential lights or other automated
methods that result in movement, the appearance of movement or changing
of mural image or message.
H.
No mural shall obstruct or obscure any significant architectural
elements of historic structures and sites.
I.
Murals shall not be located within 500 feet from other murals.
J.
Murals shall be completed within 3 months of approval of the
relevant mural permit.
K.
Owner(s) of the property on which a mural is permitted shall
preserve the integrity of the property.
L.
Mural(s) shall be kept in good repair. The ultimate liability
and responsibility for all murals rest with the property owner.
(Ordinance 23-15 adopted 10/24/2023)
A.
Purpose and intent.
The purpose of this section 16.20.020 is:
1.
To break up the apparent mass and scale of “large scale”
commercial, industrial and multi-family structures and development
in order to ensure that such structures and development are compatible
with Taos’ historic character, scale and sense of place;
2.
To ensure that large scale commercial, industrial and residential
developments are harmoniously integrated with their surroundings;
3.
To promote and facilitate a safe and comfortable pedestrian scale
environment; and
4.
To encourage a mixture of uses and sizes of structures.
B.
Large scale development; provisional permit required.
Any commercial, industrial or multi-family development in which any individual buildings exceed thirty thousand (30,000) GFA (or 10,000 GFA in C-1 zone) shall be considered “large scale” for purposes of this section 16.20.020. Such large scale commercial, industrial or multi-family development shall proceed only in the event of discretionary approval of a provisional permit, pursuant to sections 16.20.020.2 and 16.20.030 of this chapter.
C.
Gross floor area limitations.
Individual buildings in
a large scale development shall each be restricted to the maximum
gross floor area (GFA) provided in this section.
There is no limit on the number of buildings nor upon the cumulative
GFA located on a single lot or tract provided that each building individually
complies with this section and all other requirements of this title1.
1Greater than 20 feet of separation
between buildings may be required as a condition of approval of a
provisional permit when it is determined that such building separation
is desirable in order to meet the purpose and intent of this section.
Individual buildings shall not be linked by exclusive use passageways
that have the effect of combining the structures into a single operating
facility. Buildings which are separated by a minimum of twenty feet
(20'), but connected solely by exterior pedestrian walkways that are
open sided and designed and used solely as publicly accessible pedestrian
passageways, are to be considered separate buildings for purposes
of this section. Such pedestrian passageways shall not be used for
commercial purposes and shall be excluded from the calculation of
GFA under this section.
D.
Exemptions.
The following special uses are exempt from the gross floor area limitations of this section, however these facilities, if larger than thirty thousand (30,000) square feet GFA are not exempt from the review requirements for provisional permits as set forth in section 16.20.020.2 of this chapter:
1.
Hospitals;
2.
Public buildings owned by a governmental entity, including those
of the town, which are operated for educational, governmental or other
public purposes, including the necessary facilities and equipment
to ensure proper operation thereof.
|
Gross floor area (GFA), in square feet:
|
|
Zone
|
Individual Building Permissible Square Footage
|
Provisional Permit Individual Building Maximum Square Footage
|
|---|---|---|
|
C-1
|
10,000
|
30,000
|
|
C-2
|
30,000
|
80,000
|
|
CPD [HCPD]
|
30,000
|
80,000
|
|
CBD
|
30,000
|
80,000
|
|
M-1
|
30,000
|
80,000
|
|
R-6 and R-14
|
30,000
|
50,000
|
|
All other zones
|
10,000
|
Not allowed
|
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002)
Development of a large scale industrial, commercial or multi-family
project in which the GFA of any building exceeds thirty thousand (30,000)
square feet (or 10,000 GFA in C-1 zone) is contingent upon discretionary
approval of a provisional permit.
The GFA for an individual building may, upon discretionary approval
of a provisional permit, be increased beyond the “individual
building permissible square footage” limitation up to the maximum
individual building size shown for a provisional permit in the above
table. The maximum GFA allowed by a provisional permit shall not be
increased.
Applications for provisional permits shall follow the application procedure outlined in section 16.12.040.5 of this title.
The criteria outlined below shall be used for evaluation of
any such application for provisional permit:
A.
The
development is compatible with the uses in the general vicinity and
the development is harmoniously integrated with its surroundings;
B.
The
existing and proposed on-site and off-site infrastructure (including,
but not limited to, water, sewer, drainage, traffic controls, circulation
and other public services and utilities) will support the size of
the building and development;
C.
The
health, safety, and welfare of the town are maintained;
D.
The architecture and site design of the development meets the architectural design and site planning standards of section 16.20.030 of this chapter and the purpose and intent of this section;
E.
When
multiple structures are planned, the structures shall be staggered
and/or offset and spacing between the structures should be consistent
with the purposes and intent of this section. Where any building exceeds
a GFA of thirty thousand (30,000) square feet the minimum spacing
between such building and any other building on the site shall be
twenty feet (20'). This spacing requirement shall be enforced regardless
of building configuration or arrangement. The intent of this minimum
spacing requirement is that the outdoor spaces created between the
buildings should have pleasant proportions which achieve a human scale.
Arranging multiple structures around courtyards is encouraged; and
F.
Compliance
with all other requirements of this title.
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002)
A.
Standards mandatory.
The architectural design and site planning standards established by this section 16.20.030 shall be mandatory for:
B.
Definition.
As used in this section, the term “new
construction” includes the design or construction of new buildings
or additions to existing structures.
C.
Recognized treatments.
The architectural style of new construction shall be in the “Taos Style”, except in cases of renovation or additions which are subject to subsection D of this section. Within the “Taos Style”, two (2) alternative treatments are recognized and are based on the two (2) styles which are predominant in historic Taos. These two (2) styles are the Pueblo/Spanish Revival Style (PSRS) (see figure 1 of this section) and the pitched roof appearance of the Territorial Revival Style (TRS) (see figure 2 of this section). New construction in the “Taos Style” shall achieve harmony with the town’s two (2) historic districts by retention of a similarity of materials, color, proportion and general detail.
D.
Determination of appropriate style.
In determining the
appropriate style for new construction which involves renovation or
addition to an existing structure that is in either the PSRS or the
TRS, the new construction shall be in harmony with the predominant
type and style of architecture of the existing structure. Other more
modern styles of architecture exist in the Taos area in addition to
the two (2) predominant styles described above. When additions to
or modifications of structures in other architectural styles are proposed,
the structure may maintain the character and integrity of the existing
style provided that the total valuation of the proposed additions
and modifications does not exceed fifty percent (50%) of the total
assessed value of the property. In the event that the valuation of
proposed additions or modifications of structures in other architectural
styles exceeds fifty percent (50%) of the total assessed value of
the property, the structure in its entirety must be brought into conformance
with the provisions of this section as they pertain to construction
of new structures.
E.
Massing limitation.
Where new construction is to exceed
thirty thousand (30,000) gross square feet, it shall be designed in
such a way that the massing appears as two (2) or more massing blocks,
none of which shall exceed thirty thousand (30,000) gross square feet.
F.
Facades.
Facades of new construction shall be visually
broken up with mature landscaping, and shall contain significant contour
breaks and stepped back building blocks in proportion to the size
of the structure. Facade elements for new construction proposing the
Pueblo/Spanish Revival Style shall include a combination of architectural
features including corbel brackets, projecting vigas, exposed lintels,
rounded parapets, battered walls, buttresses, wood canales, courtyards,
front portales and/or modular square rooms sufficient to create a
representation of a historic structure in the PSRS. Facade elements
for new construction proposing the Territorial Revival Style shall
include a combination of architectural features including inventive
decoration of posts and doors, true divided light windows, stuccoed
walls, brick coping, square columns with molding capitals, and/or
classic porticoes sufficient to create a representation of a historic
structure in the TRS.
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FIGURE 1. PUEBLO/SPANISH REVIVAL
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FIGURE 2. TERRITORIAL REVIVAL
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G.
Required design elements of Pueblo/Spanish Revival Style.
1.
Massing/scale.
b.
New construction shall be designed to be wall dominated so that building
geometry is defined by walls. Roofs are visually less dominant in
the overall design (see figures 3A and 3B of this section);
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FIGURES 3A AND 3B. WALL DOMINATED BUILDING DESIGNS
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 |
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c.
Except as provided in section 16.16.205 of this title, multilevel designs shall cause a building or structure to reach no more than a total of two (2) stories. Second story footprints shall not exceed eighty percent (80%) of the footprint of the existing buildings or structure and shall be stepped back along at least forty percent (40%) of the front facade or the most publicly visible part of the building, whichever is greater;
d.
Columns, lintels, corbels, vigas, canales, portales and other exposed
structural elements shall be scaled to the structure as a whole (see
figures 4, 5, and 6 of this section);
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FIGURE 4. CANALES, COLUMNS AND CORBELS
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FIGURE 5. PORTALES, VIGAS AND LINTELS
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e.
Buildings shall be topped by a flat (moderately sloped) roof obscured
by parapets. Dead flat roofs are not recommended. Parapets shall obscure
the sloping roof surface on the front and side facades as proper drainage
may allow. Parapets need not be flat; however, alternative treatments
should be consistent with the style of neighboring structures (see
figure 6 of this section);
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FIGURE 6. FLAT ROOF, PARAPET AND PORTAL
 |
f.
A human scale shall be achieved along building facades and entryways
through the use of portales, zaguanes, windows, doors, columns and
beams. Portales shall provide a transition between the outside street
and the building interior (see figure 7 of this section).
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FIGURE 7. PORTALES, WINDOWS, DOORS, COLUMNS AND BEAMS
 |
2.
Surface material and texture.
Buildings shall be coated
with stucco or related material that has a texture which simulates
that of mud plaster (see figure 7 of this section).
3.
Color.
a.
Building surfaces shall be painted or stuccoed in accordance with
the colors of the town’s historic adobe structures;
b.
Woodwork should be stained in natural tones or painted with an accent
color compatible with the predominant colors found in that area of
the town;
c.
Painting of any part of any building with bold patterns is prohibited.
Accent trim or minimal decorative patterns are acceptable.
(1)
Except as approved by section 16.20.010.8: murals.
4.
Doors and windows.
The combined door and window area
in any publicly visible facade shall not exceed forty percent (40%)
of the total area of the respective facade.
5.
Solar integration.
a.
Solar and other energy collecting and conserving features are encouraged;
b.
Solar features, such as trombe walls, sunspaces, greenhouses, or
clerestories are best designed if they are integrated into the new
structure;
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; but 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 public view by a screening device or disguise. Screening methods
include: sufficiently high parapets to block from public view, 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 gain is acceptable.
6.
Architectural detailing.
Portales are required and shall
be constructed of posts that contain detailing reminiscent of those
found in similar historic structures (see figure 8 of this section).
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FIGURE 8. PORTALES, VIGAS, COLUMNS AND CORBELS
 |
7.
Mechanical equipment.
a.
Exterior mounted mechanical and electrical equipment, solar hardware
and satellite dishes shall be architecturally screened and, in particular,
roof mounted equipment shall be of a low profile to minimize the screening
problem;
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.
8.
Glare.
Reflected glare onto nearby buildings, streets
or pedestrian areas is prohibited.
H.
Required design elements of pitched roof Territorial Revival Style.
1.
Massing/scale.
b.
A human scale shall be achieved along building facades and entryways
through the use of porches, doors, windows, columns and railings;
c.
Porches should 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 (see figure 9 of this section).
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FIGURE 9. TERRITORIAL REVIVAL PORCH
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2.
Materials and texture.
Buildings shall be coated with
stucco or related material that has a texture which simulates that
of mud plaster.
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FIGURE 10. STUCCO SIMULATING MUD PLASTER
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3.
Color.
a.
Building surfaces shall be painted or stuccoed in accordance with
the colors of the town’s historic adobe structures (see figure
10 of this section).
b.
Woodwork shall be stained in natural tones or painted in an accent
color compatible with the predominant colors found in the area of
the town (see figure 10 of this section).
4.
Roofs.
Roofs shall be pitched, either gable or hip,
with a substantial slope, but not to exceed eight to twelve (8:12)
nor less than four to twelve (4:12) in general conformity with existing
adjacent neighboring buildings not including portal roofs, which may
have lower pitches (see figure 11 of this section).
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FIGURE 11. PITCHED ROOF AND LOWER PITCHED PORTAL ROOF
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5.
Doors and windows.
Window shapes, arrangements and types
may be reminiscent of those found in similar historic structures.
The combined door and window area in any publicly visible facade shall
not exceed forty percent (40%) of the total area of the respective
facade (see figure 12 of this section).
6.
Architectural detailing.
Porches shall be constructed
of posts and may contain simple railings and detailing reminiscent
of those found in similar historic structures.
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FIGURE 12. DOOR AND WINDOW AREA DESIGN
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7.
Solar integration.
a.
Solar and other energy collecting and conserving features are encouraged
if incorporated into the structure;
b.
Solar hardware shall be mounted flush with the roof and included
in overall glazing amounts;
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 public view by a screening device or disguise. Screening methods
include: fences, berms, landscaping or buildings to block from public
view, and ground mounted apparatus. Reflected glare on nearby buildings,
streets or pedestrian areas shall be avoided.
8.
Mechanical equipment.
a.
Exterior mounted mechanical and electrical equipment, solar hardware
and satellite dishes shall be architecturally screened and, in particular,
roof mounted equipment shall be low profile to minimize the screening
problems;
b.
Solar hardware shall be mounted flush with the roof consistent with
the roof pitch and profile and be included in overall glazing amounts;
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.
9.
Glare.
Reflected glare on nearby buildings, streets
or pedestrian areas is prohibited.
(Ordinance 16-23 adopted 2016; Ordinance
23-15 adopted 10/24/2023)
All new construction within the coverage of subsections 16.20.030.1.A.1
and A.2 of this chapter shall comply with the following additional
architectural and site design standards:
A.
Architectural unity.
All buildings on the same site
shall be architecturally unified. This provision shall apply to new
construction, additions and remodeling. “Architectural unity”
means that buildings shall be related in architectural style, color
scheme and building materials.
B.
Site and contextual planning.
All projects shall comply
with the following landscape and site design requirements:
1.
Integration into the street network
a.
Vehicular access to the site shall be from streets other than an
arterial wherever possible. However, if it is determined that vehicular
access will be from an arterial, limitation of ingress and egress
to the site by right turns only shall be considered.
b.
Delivery vehicles shall not access the site from subcollector or
smaller streets serving residential neighborhoods.
c.
Internal and new streets shall connect to existing streets or be
designed to facilitate future connections to the maximum extent possible.
2.
Pedestrian circulation and amenities.
a.
A safe and landscaped pedestrian circulation system shall be provided
on-site which connects to public streets and neighborhoods where possible.
b.
Pedestrian walkways within the development shall be differentiated
from driving surfaces through a change in materials.
c.
At least one significant pedestrian amenity shall be provided for
every thirty thousand (30,000) gross square feet of structure. Examples
of significant pedestrian amenities include, but are not limited to,
outdoor seating areas, play areas for children, and public courtyards.
Required pedestrian amenities may be combined into one or more locations,
in order to create a larger amenity, so long as all other provisions
of this section are satisfied.
3.
Parking and vehicular circulation.
a.
Large scale development should recognize parking facilities as transitional
spaces where users change modes of travel, from car, bus, or bicycle
to pedestrian. The design of those spaces shall therefore safely and
attractively serve all modes, especially the pedestrian.
b.
Parking areas shall meet the screening, landscaping and design standards of section 16.20.040.4 of this chapter and of the town’s landscape regulations set forth in title 15, chapter 15.12 of this code.
4.
Outdoor storage, trash collection, loading and service areas.
a.
Except for plant nurseries, building supply yards, automobile and
mobile home sales lots and similar uses which comply with all other
requirements of this title, outdoor storage of products and goods
is prohibited.
b.
Trash collection, service and loading areas shall not be located
adjacent to residential property. Such areas as may impact residential
areas shall include a solid acoustic buffer.
c.
Areas for trash collection, service and loading shall be incorporated
into the primary building design and construction for these areas
shall be of materials of comparable quality and appearance as that
of the primary building. Visual and acoustic impacts of these functions
shall be mitigated to the greatest extent possible.
(Ordinance 16-23 adopted 2016)
A.
Maximum building height.
The maximum building height
shall be twenty-seven feet (27') from the median grade of the site.
Within the central business district (CBD), general commercial (C-2),
and highway corridor protection district (HCPD) zoning districts the
maximum building height may be increased to a maximum height of forty
feet (40') if approved at a public hearing by the planning and zoning
commission as an exception.
1.
An exception to the twenty-seven foot (27') height limitation within
the CBD and HCPD zones shall be approved by the planning and zoning
commission at a public hearing and may be approved only if the commission
can answer the following affirmatively:
a.
Is the construction adequately protected from fire?
b.
Is there adequate protection of the existing viewshed of adjacent
properties?
c.
Is there adequate protection of solar access for adjacent properties?
d.
Is the increase in height in keeping with the land use element of
the town’s comprehensive plan?
e.
If the property is located within the historic overlay zone, has
it been approved by the town historic preservation commission?
B.
Flagpoles, cellular towers and antennas.
Flagpoles,
cellular towers and antennas are limited to a maximum height of fifty
feet (50').
(Ordinance 10-25 adopted 2010)
A.
The off-street parking requirements set forth in this section 16.20.040 are applicable to all properties within the town’s jurisdiction.
B.
Every
building, or portion of a building, hereafter erected shall be provided
with parking space(s) as required in this title. Parking space(s)
shall be made permanently available. Within the CBD, HCPD, C-2 and
C-1 zoning districts, parking lots, or portions of parking lots, may
be made available for temporary use by itinerant vendors provided
that the parking is not required for use by the business located on
the property, e.g., an office building that is open on Monday through
Friday may on the weekends provide space in the parking lot for itinerant
vendors. Failure to maintain required parking shall be cause for termination
of a use or occupancy.
C.
All
off-street parking, both in size and quantity, shall comply with all
requirements of the Americans with Disabilities Act (ADA).
D.
With the exception of the central business district (CBD) and historic overlay (HOZ) zones, off-street parking must be provided for any change of use, new construction, or additions based upon the requirements of section 16.20.040.2 of this chapter.
(Ordinance 10-18 adopted 2010)
A.
Number of off-street parking spaces.
1.
The number of off-street parking spaces required shall be not less
than as set forth in the following:
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Types of Use
|
Minimum Space Requirement
|
|---|---|
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Assisted living
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0.5 per dwelling unit and 1 per employee
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Bank
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1 per 200 square feet of service and office area plus stacking
if a drive-through is provided
|
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Bed and breakfast
|
1 per guestroom and 2 per manager/owner
|
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Bowling center
|
4 per alley plus 50 percent of accessory uses
|
|
Church
|
1 per 4 fixed seats and/or 1 per 100 square feet for assembly
|
|
College
|
10 parking spaces per classroom
|
|
Daycare
|
1 per 10 clients plus 1 per employee
|
|
Government office
|
1 per 250 square feet
|
|
Greenhouse, retail
|
1 per 300 square feet office, 1 per 2,000 square feet sales
under roof
|
|
Health club/spa
|
1 per 250 square feet
|
|
Hospital
|
1 per 250 square feet
|
|
Hotel/motel/inn
|
1 per guestroom
|
|
Library
|
1 per 300 square feet plus 1 per 100 square feet of assembly
|
|
Manufactured home park
|
2 per unit
|
|
Manufacturing, light
|
1 per 300 square feet office, 1 per 500 square feet work area
|
|
Mortuary/funeral home
|
1 per 100 square feet of assembly area
|
|
Museum
|
1 per 400 square feet plus 1 per 100 square feet assembly
|
|
Nursing home
|
1 per 3 beds
|
|
Office (3)
|
1 per 300 square feet
|
|
Office, medical
|
1 per 200 square feet
|
|
Office, vet
|
1 per 200 square feet
|
|
Personal service, barber/hairstylist
|
1 per 150 square feet
|
|
Repair, vehicle
|
1 per repair bay
|
|
Residence, 1 bedroom and efficiency apartments
|
1.1 per unit
|
|
Residence, 2 bedroom apartment
|
1.5 per unit
|
|
Residence, 3 (or more) bedroom apartment
|
2 per unit
|
|
Residence, duplex
|
2 per unit
|
|
Residence, patio home
|
2 per unit
|
|
Residence, single-family
|
2 per unit
|
|
Residence, townhouse, condo
|
2 per unit
|
|
Restaurant, fast food
|
1 per 75 square feet of seating and assembly area plus stacking
|
|
Restaurant, standard
|
1 per 100 square feet of seating and assembly area
|
|
Restaurant/tavern
|
1 per 100 square feet of seating and assembly area plus 1 per
35 square feet dance floor
|
|
Retail, general
|
1 per 250 square feet of sales and service area
|
|
Retail, large goods
|
1 per 600 square feet of sales and service area
|
|
School, K - 8
|
2 per classroom plus 1 per employee
|
|
School, 9 - 12
|
1 per 4 students plus 1 per employee
|
|
Stadium/sports arena
|
1 per 2 employees plus 1 per 2 fixed seats plus 1 per 100 square
feet of assembly area
|
|
Theater
|
1 per 4 fixed seats
|
|
Vehicle, sales
|
1 per 300 square feet sales area plus 1 per 2,000 square feet
under roof
|
|
Vehicle, service station
|
1 per 200 square feet of convenience store area, plus pump stacking
|
|
Warehousing
|
1 per 300 square feet office plus 1 per 2,000 square feet storage
under roof
|
|
Wholesale sales and storage
|
1 per 300 square feet office plus 1 per 750 square feet storage
|
2.
The number of ADA parking spaces required shall not be less than
as set forth in the following:
|
Total Parking Spaces
|
Minimum Required Accessible Parking Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2 percent of total parking spaces
|
|
1,001 and over
|
20 plus 1 for each 100 parking spaces over 1,000
|
B.
Parking requirements for bicycles.
1.
Any commercial and industrial development shall include adequate
bicycle parking spaces equal to five percent (5%) of automobile parking
spaces.
2.
All bicycle parking spaces shall be located within fifty feet (50')
of the building entrance. Bicycle parking may be located in a building
as long as the area is easily accessible to the bicycle.
3.
Bicycle parking shall be provided in a well lighted and secure location
that is in convenient proximity to the building or employee entrance.
The location should be visible from employee work areas and shall
not be farther than the nearest employee automobile parking space
(excluding disabled parking).
4.
Bicycle parking stalls shall be six feet (6') long and two feet (2')
wide with an overhead clearance of seven feet (7'). All stalls shall
have a five foot (5') accessible aisle.
C.
Parking requirements for uses not specified.
Where the
parking requirements for a use are not specifically defined herein,
the parking requirements for such use shall be determined by the code
administrator; and such determination shall be based upon the requirements
for the most comparable use specified herein.
D.
Drive-in facilities.
A traffic impact analysis must
be performed by an engineer licensed in the State of New Mexico for
all drive-in facilities.
E.
Off-site parking.
A commitment for off-site parking
must be for a minimum of five (5) years and be reviewed by the commission
at the end of the commitment period. Any time that the off-site parking
is not available for a duration of more than one (1) month, the approval
of off-site parking is void, and the applicant must come to the commission
with alternate parking arrangements.
F.
Commission review.
The commission may modify the provisions
herein set forth establishing required parking areas so long as the
public health, safety and welfare is not adversely affected. Modification
of parking space quantity within twenty percent (20%) of requirements
may be acceptable to the commission at their discretion under guidelines
established by the code administrator and adopted by the commission.
(Ordinance 99-05 adopted 1999; Ordinance 04-05 adopted 2004; Ordinance
10-18 adopted 2010; Ordinance 17-07 adopted 2017)
A.
Parking plan required.
The plan for proposed parking
shall be submitted to the code administrator at the time of application
for a building permit for the structure or use for which the parking
area is required.
B.
Contents of the parking plan.
The parking plans shall be drawn to scale and shall clearly indicate the proposed development, including the location, size and shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking areas and shall meet the design standards of section 16.20.030 of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 04-05 adopted 2004)
Off-street parking areas shall be designed to conform to the
following minimum standards:
A.
Minimum area of spaces.
1.
Parking stalls shall not be less than nine feet by eighteen feet
(9' x 18').
2.
Aisles for circulation shall not be less than:
a.
Twelve feet (12') wide for parallel parking, one-way traffic;
b.
Twenty-four feet (24') wide for parallel parking, two-way traffic;
c.
Twelve feet (12') wide for thirty degree (30°) to forty degree
(40°) parking and one-way traffic;
d.
Twenty-two feet (22') wide for thirty degree (30°) to forty degree
(40°) parking and two-way traffic;
e.
Sixteen feet (16') wide for sixty degree (60°) parking and one-way
traffic;
f.
Twenty-two feet (22') wide for sixty degree (60°) parking and
two-way traffic; and
g.
Twenty-four feet (24') wide for ninety degree (90°) parking.
B.
Entrances and exits.
1.
The location of all entrances and exits shall be subject to the approval
of the code administrator. Entrances and exits shall conform to the
standards defined in the town access management manual;
2.
Ingress and egress from required off-street parking areas shall be
so designed as to eliminate any necessity of backing from the parking
area into any public right-of-way;
3.
Circulation aisles within required off-street parking areas shall
be designated to eliminate any necessity of vehicles entering a public
right-of-way when passing from one aisle to another;
4.
In the case of required off-street parking areas on interior lots
having access to only one public right-of-way and having such narrow
width as to permit only one aisle for both ingress and egress, said
aisle shall be not less than twenty feet (20') in width and shall
be terminated on the side of the parking area farthest from the “ingress-egress”
point by a turning area having a minimum radius of twenty-five feet
(25');
5.
All entrances, exits and parking stalls shall be clearly marked,
and directional markings showing permissible traffic flow shall be
placed in all aisles;
6.
All entrance and exit from a facility on a state highway shall be
designed to New Mexico state department of transportation standards
and all required state driveway permits shall be obtained before construction
of parking facility can commence.
C.
Surfacing.
Off-street parking areas shall be paved or
otherwise surfaced and maintained so as to eliminate dust or mud and
shall be so graded and drained as to dispose of all surface water.
Material used for surfacing parking areas shall be subject to approval
by the code administrator and shall comply with all applicable ADA
requirements.
D.
Borders, barricades, screening and landscaping.
1.
Every parking area that is not separated by a fence from any street
or alley upon which it abuts shall be provided with a suitable concrete
curb or timber barrier not less than six inches (6") in height, located
not less than two feet (2') from the border of the street or alley,
and such curb barrier shall be required across any driveway or entrance
to such parking areas other than the designated entrance and exit
driveways.
2.
All parking areas for multi-family, commercial, industrial and special
uses abutting public right-of-way, except alley and access ways, shall
provide a planting strip between the right-of-way and the parking
area. When available, public right-of-way may be used for the planting
strip. Screening will be comprised of native bushes and/or trees.
Planting strips along public right-of-way shall be planted with large
scale, high canopy, horizontally branching tree species, and a sight
obscuring evergreen hedge.
3.
All surface parking areas with more than ten (10) parking spaces
shall provide interior landscaping complying with the following standards:
E.
Parking lot location.
Parking lots may be located to
the sides or the rear of a project. For the purposes of this section,
corner lots shall have two (2) project fronts corresponding with the
property lines that abut road right-of-way.
|
For multi-family, commercial and special use properties, not
located within the central business district (CBD) zone or within
the historic overlay zone (HOZ), parking spaces may be located in
front of a project, providing the following criteria are met:
|
1.
The total parking space requirements for the type of use proposed
by the applicant (as they are stated in the town land use development
code) may be placed between the property line and the front facade
of the building subject to the following additional requirements:
a.
All handicapped parking must comply with all ADA parking requirements.
b.
There must be enhanced pedestrian amenities within the project’s
parking lot which shall include the following:
(1)
Integrated pedestrian walkways within the remainder of the project’s
parking lot which are delineated by pavers and shall be a minimum
of six feet (6') wide. Where this requirement conflicts with the provisions
of the town landscaping ordinance, the landscaping ordinance shall
take precedence.
(2)
A raised sidewalk (i.e., a speed table) connection from right-of-way
(ROW) to the main entrance of the building shall be provided. The
sidewalk shall be a minimum of six feet (6') wide and provide a direct
pedestrian connection to the entrance.
(3)
The total landscaping required for the project shall be increased
by ten percent (10%) and the additional landscaping shall be placed
in the project’s front setback with a screening wall of no greater
than three feet (3') in height. Screening walls shall be integrally
colored material or finished with stucco and approved by the code
administrator.
(4)
The parking cannot exceed two (2) rows of stalls plus an appropriate
drive aisle.
(5)
Vehicles shown as inventory by automobile or pleasure craft dealerships
shall not be construed as parking, and may be located behind the property
line provided that there is a clear line of sight at all intersections
and along the right-of-way.
F.
Parking striping and signing.
1.
Each required off-street parking space and off-street parking facility
shall be identified by surface marking arrangement to provide for
orderly and safe parking.
2.
All marking including striping, directional arrows, lettering on
signs, accessible space field color shall be properly maintained in
highly visible condition at all times.
(Ordinance 99-05 adopted 1999; Ordinance 03-16 adopted 2003; Ordinance
04-05 adopted 2004; Ordinance 09-21 adopted 2009; Ordinance 10-18 adopted 2010; Ordinance 15-07 adopted 2015)
The road design standards listed in this section 16.20.050 are applicable to development in the town.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
A.
General provisions.
1.
Relation considered.
The arrangement, character, extent,
width, grade and location of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions,
to public convenience and safety, and to the proposed uses of the
land to be served by such streets.
2.
Arrangement of streets.
The arrangement of streets in
a development shall either:
a.
Provide for the continuation and appropriate projection of existing
principal streets in the surrounding area; or
b.
Conform to a plan for the neighborhood approved or adopted by the
commission to meet a particular situation where topographical or other
conditions make continuance or conformance to existing streets impracticable.
3.
Local streets.
Local streets shall be so laid out that
their use by through traffic will be discouraged.
4.
Protection of residential properties.
Where a development
abuts or contains an existing or proposed arterial street, the commission
may require marginal access streets, reverse frontage with screening
contained in an on access reservation along the rear property line,
deep lots with rear service alleys, or such other treatment as may
be necessary for adequate protection of residential properties and
to afford separation of through and local traffic.
5.
Other requirements.
Where development borders on, or
contains, limited access highway right-of-way, the commission may
require a street approximately parallel to and on each side of such
right-of-way, at a distance suitable for the appropriate uses of the
intervening land, such as for park purposes in residential districts,
or for commercial or industrial purposes in other appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
6.
Reserve strips.
Reserve strips controlling access to
streets shall be prohibited except where their control is definitely
placed in the town under conditions approved by the commission.
7.
Street names.
Street names shall be used which will
not duplicate or be confused with the names of existing streets. Where
a proposed street is to be a continuation of an existing named street,
the proposed street shall have the name of the existing street. Street
names shall be subject to the approval of the commission.
8.
Traffic generation.
The amount of traffic generated
by development shall not, at any time, impede traffic flow or cause
a public road to operate at over capacity. Adequate and safely marked
ingress and egress points by two (2) or more developments is to be
encouraged.
B.
Intersections.
1.
No street shall intersect any other street at less than eighty degrees
(80°). Curvature in pavement alignment in the approaches to intersections
shall be avoided.
2.
Property lines at street intersections shall be rounded with a radius
of twenty-five feet (25'), or of a greater radius where the commission
may deem it necessary. The commission may permit comparable cutoffs
or chords in place of rounded corners.
3.
When [there are] connecting street lines which deflect from each
other at any one point by more than ten degrees (10°), they shall
be connected by a curve with a radius adequate to ensure a sight distance
of not less than two hundred feet (200') for local and collector streets,
and of such greater radii as the commission shall determine for special
cases.
4.
Street jogs with centerline offsets of less than one hundred fifty
feet (150') shall be avoided.
5.
A tangent at least one hundred feet (100') long shall be introduced
between reverse curves on arterial and collector streets.
C.
Streets.
1.
Street and right-of-way widths shall be not less than as follows:
|
Type
|
ROW
|
Width
|
|---|---|---|
|
Arterial4
|
86
|
66 (includes median)
|
|
Minor arterial4
|
68
|
48
|
|
Collector3
|
56
|
36
|
|
Minor collector2
|
50
|
32
|
|
Local, with on-street parking1
|
46
|
28
|
|
Local, without on-street parking1
|
42
|
24
|
|
Notes:
| |
|---|---|
|
1.
|
250 vehicles per day (AWDT) or less.
|
|
2.
|
500 AWDT or less.
|
|
3.
|
1,000 AWDT or less.
|
|
4.
|
Defined by traffic volume and decided by the commission.
|
2.
Pavement widths shall be measured back to back of curbs where curbs
are required. Curbs at intersections shall be designed with a minimum
radius of twenty-five feet (25'). However, a radius of a larger dimension
may be required by the commission in special cases.
3.
Sidewalks shall be hard surface and not less than four feet (4')
in width. At all intersections, ADA required ramps shall be installed.
4.
New half or partial streets shall be prohibited whenever a tract
to be subdivided borders an existing street having the right-of-way
width standards required by these regulations. Additional right-of-way
shall be platted and dedicated in such a way as would make the resulting
street conform.
5.
Dead end streets, designed to be so permanently, shall not be longer
than five hundred feet (500') and shall be provided at the closed
end with a turnaround having an outside roadway diameter of at least
eighty feet (80').
6.
Clear sight distances at intersections shall be a minimum of twenty-five
feet (25'). No obstruction to view thirty inches (30") above local
grade shall be placed or maintained with a triangle area.
7.
All curb cuts shall meet the town public works standards manual cut
requirements.
8.
Paths will be constructed of surfaces as approved by the commission.
D.
Alleys.
1.
Alleys may be required in commercial and industrial districts, except
that the commission may waive this requirement where other definite
and assured provisions are made for service access, such as off-street
loading, unloading, and parking consistent with and adequate for the
uses proposed and for public safety.
2.
The paved minimum width of an alley shall be sixteen feet (16').
3.
Alley intersections and sharp changes in alignment shall be avoided,
but where necessary, corners shall be cut off sufficiently to permit
safe vehicular movement.
4.
Dead end alleys shall be avoided where possible, but if unavoidable,
shall be provided with adequate turnaround facilities at the dead
end, as determined by the commission.
E.
Private ways.
A private way which serves eight (8) or
fewer dwellings shall have a minimum width of fifteen feet (15') and
a gravel surface. The initial twenty-five feet (25') from the intersection
with approved paved public street shall be paved, as a minimum with
two inches (2") of asphalt. A turning radius of at least twenty-five
feet (25') shall be provided at the intersection with the public road.
(Ordinance 99-05 adopted 1999)
A.
Except
as otherwise noted in this title, easements across lots or centered
on rear or side lot lines shall be provided for utilities and shall
be at least ten feet (10') wide.
B.
Where
a development is traversed by a watercourse, drainageway, arroyo,
ditch, channel, or stream, there shall be provided a storm water easement
or drainage right-of-way conforming substantially with the lines of
such watercourse, and such further width or construction, or both,
as will be adequate for the purpose. Parallel streets, walks, trails,
or parkways may be required by the commission in connection therewith.
(Ordinance 99-05 adopted 1999)
A.
The
lengths, widths and shapes of blocks shall be determined with due
regard to:
B.
Blocks
shall be wide enough to allow for two (2) tiers of lots of at least
minimum depth, except that the commission may approve a single tier
of lots of at least minimum depth where such lots abut an arterial
street, limited access highway, drainage course, or single tier of
lots in an abutting subdivision of record.
C.
Block
lengths shall not exceed one thousand two hundred feet (1,200'), or
be less than five hundred feet (500').
D.
Pedestrian
crosswalks, not less than ten feet (10') wide, shall be required where
deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation, and other community facilities.
(Ordinance 99-05 adopted 1999)
A.
General provisions.
1.
Lot size, shape, width, depth and orientation, and minimum setback
requirements shall be appropriate for the location for the type of
development and use contemplated, for the topographic conditions,
and for the surrounding area;
2.
Lots shall conform with the provisions of chapter 16.16 of this title
and this chapter. Whenever there is a discrepancy between the minimum
standards or standards noted herein and those contained in the other
chapters of this title, building codes or other official regulations,
the most stringent standards shall apply; and
3.
Any lot or building site shall be deemed to meet the minimum lot
size requirements of the zone in which it is located when:
a.
It existed as an entire parcel, for which either a deed was on record
in the office of the county assessor or a bona fide contract of sale
was in full force and effect prior to the effective date of this title;
or
b.
It is not the result of a division of land in violation of any state
law or town ordinance prior or subsequent to the effective date of
this title or its predecessor.
B.
Specific provisions.
1.
Every lot shall have ingress and egress to a public or private street;
2.
Corner lots for residential use shall provide a clear sight triangle;
3.
Side lots shall be substantially at right angles or radial to street
lines;
4.
No lot or building site area shall be so reduced or diminished that
the yards or other open spaces shall be smaller than prescribed by
this title;
5.
No lot shall be reduced in size so that the area thereof is less
than the minimum size for a lot in the zone in which such lot is located
except when such reduction results from partial acquisition for public
use;
6.
Lot widths in the absence of regulations or zones which allow for
and encourage clusters shall conform to the following standards for
each zone:
|
WIDTH AT STREET LINE
| ||
|---|---|---|
|
|
Minimum
|
Maximum
|
|
Zones R-1, R-2, R-3, R-4, R-6, R-14, C-1, C-2, M-1, HCPD
|
80
|
175
|
|
Zones RA-20, RA-10, RA-6, RA, ARO
|
225
|
None
|
(Ordinance 99-05 adopted 1999)
A.
General provisions.
1.
Separate yard required.
In the absence of regulations
or zones which allow for and encourage clusters, no yard or other
open space provided about any building or structure for the purpose
of complying with these regulations shall be considered as providing
a yard or open space for any other building or structure on the same
property or on continuous properties;
2.
Yards open and unobstructed.
Except as provided in this
section, every required front, side and rear yard shall be open and
unobstructed from the ground to the sky, provided, however, that when
the common boundary line separating two (2) or more contiguous lots
is covered or partially covered by a building or permitted group of
buildings, or when two (2) or more such lots are used as a single
building site, such lots shall constitute a single building site and
the yard spaces as required by this title shall then not apply to
such common boundary line;
3.
Modification.
The commission may determine an appropriate
and practical modification of required front, side, and rear yard
depths or widths in all zones if geometric shape, dimensions and/or
topography are such as to make impractical the literal application
of yard requirements contained in this title.
(Ordinance 99-05 adopted 1999)
A.
General provisions.
If any of the following conflict
with the setback requirements established in any zone of chapter 16.16
of this title, the provisions of this section shall govern.
1.
Measurement of setbacks.
In all zones which require
front, side and/or rear yard setbacks, the required depth of said
yards shall be measured from the property line along a line perpendicular
to the property line.
2.
Lots on which shape varies.
In the case of lots having
more than four (4) lot lines or lots which vary considerably from
a rectilinear or trapezoidal shape, the rear lot line shall be considered
as the line most nearly opposite from and parallel with the street
line on which the lot abuts. In the case of triangular or gore shaped
lots, the rear lot line shall be considered a straight line fifteen
feet (15') in length which:
3.
Modification of setbacks on unimproved lots.
The depth
of required front yard setbacks may be modified on unimproved lots
intervening between lots having nonconforming front yards of a depth
less than required by this title. Such modification shall permit the
unimproved lot to have a front yard setback depth equal to the average
depth of the front yards on the two (2) adjacent lots.
4.
Permissible reduction of side yard setback.
On lots
less than sixty feet (60') in width and of record prior to the effective
date of this title or its predecessor, the required side yard setback
may be reduced one and one-half inches (1-1/2") for each foot such
lot is less than sixty feet (60'), provided that in no case shall
the width of the side yard be reduced to less than three feet (3').
5.
Canopies of roofs.
Canopies of roofs in any combination
and the accessory buildings in a required rear yard setback shall
in no case occupy more than fifty percent (50%) of the area of the
required rear yard setback.
6.
Rear yard.
Where a rear yard opens onto a public alley,
one-half (1/2) of the width of such alley may be considered as applying
to the depth of the rear yard setback to the extent of not more than
fifty percent (50%) of the depth of the required rear yard setback.
(Ordinance 99-05 adopted 1999)
No wall, fence or hedge shall be permitted which exceeds six
feet (6') in height. Between an abutting front or side street, the
wall, fence or hedge must be set back so that no part of the wall
encroaches into the “clear sight triangle”, as defined
herein or be no higher than thirty inches (30"), to provide for traffic
safety.
(Ordinance 99-05 adopted 1999)
A.
After
the effective date of this title, any use established or changed and
any building, structure, or tract of land developed, constructed or
used for any permitted or permissible principal or accessory use,
shall comply with all of the performance standards herein set forth
for the town.
B.
If
any existing use or building or other structure is extended, enlarged
or reconstructed, the performance standards shall apply with respect
to such extended, enlarged or reconstructed portion or portions of
such use or building or other structure.
(Ordinance 17-08 adopted 2017)
A.
Development.
Any proposal for development on a property
containing any portion of an acequia network, as defined by this code,
shall comply with the following requirements as part of the development
approval process:
1.
The property owner (or their agent) proposing the development shall
send a copy by first class return receipt mail of the full development
application or proposal, as deemed complete by the town planning department,
to the appropriate acequia commission of jurisdiction. The planning
department must be sent a copy of the complete mailing and provided
with the original of the returned, signed mail receipt (signed green
card) and the original of any response from the acequia commission.
If the acequia commission of the impacted acequia is not active
or responsive to the request, then the application must be mailed
to the Taos Water and Soil Conservation District (TSWCD), who may
charge a fee for performing the review.
The failure of the contacted acequia commission or the TSWCD,
as applicable, to respond within thirty (30) days from the certified
date of mailing shall be considered by the town as a finding of “no
impact”.
The code administrator can grant an extension of time (not to
exceed an additional 30 days) when requested by the applicant, acequia
commission or TSWCD where it is demonstrated that the size of the
project or the size or complexity of the issues that arise from the
impact of the project are such that they require more time in order
to provide an appropriate response or agreement of the parties.
2.
The required minimum setback from the edge of the acequia network
shall be ten feet (10') from the edge of the acequia or the maintenance
easement specified within the bylaws of the acequia commission of
jurisdiction or any other applicable easement as established by law
unless the acequia commission or TSWCD, as applicable, and town planning
department agree in writing in advance that the subject portion of
the acequia network is abandoned, beyond restoration and is no longer
relevant to current or future acequia, floodplain or watershed drainage
or recharge.
The request must be in writing, sent by first class certified
return receipt mail, copied to the planning department and the permission
or denial with original signatures must be provided to the planning
department.
If the acequia commission of the impacted acequia is not active
or responsive to the request, then an opinion must be obtained from
the TSWCD, who may charge a fee for performing the review.
3.
Any proposal for development under this section shall submit as a
requirement of the development approval process a plan that demonstrates
how all snow, rainfall and stormwater runoff generated by the proposed
development shall be managed so as to not flow onto other properties
nor enter any element of the acequia network on or immediately adjacent
to the site.
No solid waste, debris, contaminant, substance, runoff, obstruction
or barrier shall be directed, placed or permitted to enter into an
acequia system at any point, or allowed to create a barrier to the
flow, operation or maintenance of the acequia network. Fences, hedges,
walls or landscaping are not permitted within the acequia setback
without the written permission of the applicable acequia commission
having authority and must contain an operable gate or other acceptable
access through the barrier wide enough to permit acequia maintenance.
Any gate for which permission is received may not be locked unless
a keyed or combination lock is used, with the combination or a key
provided to the acequia commission.
B.
Acequia network.
Development.
Definitions.
Any community ditch, as defined by state law, acequia (ditch),
versa (lateral), vena or venita, presa (diversion), compuerta (headgate),
or desague (field drainage or outlet) for the conveyance of water,
including the applicable town or acequia commission mandated maintenance
easement and required setbacks under this code.
For the purposes of this section, “development”
shall mean the placement or construction of any structure including,
but not limited to, residential and commercial buildings, sheds, outbuildings,
patios or other hardscape, greenhouses, bridges, fences, walls, driveways,
roads, parking lots, utilities and drainage facilities. Development
shall also include grading, excavation, and landscaping, including
the changing of the contour or drainage of the land by the removal
or addition of soils or retaining walls.
(Ordinance 17-08 adopted 2017)
Title 15, chapter 15.24, “Storm Drainage”, of this
code, as adopted by the town council and as may be amended from time
to time, is hereby incorporated and made part of the environmental
standards of this title and shall apply in the town.
(Ordinance 17-08 adopted 2017)
Title 8, chapter 8.24, “Noise Control”, of this
code, as adopted by the town council and as may be amended from time
to time, is hereby incorporated and made part of the environmental
standards of this title, and shall apply in the town.
(Ordinance 17-08 adopted 2017)
All development in the town shall meet the State of New Mexico
air quality standards. The code administrator and/or commission may
refer any application with potential air quality impact to the New
Mexico environment department for review, and shall consider the findings
of such a review in the final decision on the application.
(Ordinance 17-08 adopted 2017)
A.
Purpose.
The purpose of this section 16.20.070 is to increase the economic vitality of the town; provide increased worker independence, self-sufficiency and motivation; decrease traffic congestion in the town through the enhancement of community; increase the safety of the neighborhoods by promoting neighborhood activity; integrate the ideas of working and residing in the same environment; protect the stability and character of the neighborhood; and encourage neighborhood participation in the determination of a successful balance between neighborhood residents and home based businesses.
B.
Use standards.
Home occupations are allowed in all zones
in which they are permitted uses, provided that the following standards
are met:
1.
There shall be no visual appearance of the home occupation on the
lot;
2.
There shall be no external evidence of the home occupation such as
signs (unless required by law), commercial vehicles or outside storage
of stock or materials;
3.
The home occupation shall involve the primary sale of goods or services
in connection with such home occupation, including:
a.
Goods which are prepared, produced or grown on the premises; or
b.
Services which are developed on the premises and provided on or off
the premises; or
c.
The sale of goods which are not produced on the premises and which
are only distributed off the premises; or
d.
Repair services that take place solely within the premises;
4.
The home occupation shall be located in the primary dwelling unit
or an accessory structure on a single lot;
5.
The home occupation shall be conducted by persons residing on the
premises in which the home occupation is conducted. Not more than
two (2) persons, other than members of the family residing on the
premises, in which a home occupation is conducted, shall be regularly
engaged in such home occupation. Residency shall be established by
any standard identification or other documentation that proves that
the person conducting the home occupation has resided at the site
of the occupation for one (1) month or more;
6.
Except for on-street parking, where allowed, a home occupation shall
be completely contained within the property lines of the lot on which
the home occupation is located. A home occupation shall be in compliance
with all performance standards set forth in chapter 16.16 of this
title and this chapter, and shall not produce any offensive noise,
vibration, smoke, dust, odors, heat, gas, glare, electrical interference,
nor shall it otherwise create a risk to health, safety or property
of residents and occupants of adjacent and neighboring properties.
Mechanical or electrical equipment which is incidental to the home
occupation may be used provided it does not create visible or audible
interference in radio, computer, or television receivers or cause
fluctuation in voltage of the premises or neighboring premises. If
a potential exists for any of these adverse impacts, the code administrator
shall require proof of compliance with the above, prior to issuance
of a business license;
7.
Depending upon the nature of the home occupation, the code administrator
may limit the hours of operation;
8.
A town business license is required;
(Ordinance 99-05 adopted 1999)
A.
Not
more than twenty-five percent (25%) of the gross floor area of the
dwelling unit, including accessory buildings, shall be used to conduct
a home occupation. Stricter federal regulations may apply.
B.
Nothing incidental to the conduct of a home occupation shall be constructed, installed, placed, parked, or stored on a residentially zoned lot on which a home occupation is being conducted if it is visible from any adjacent or neighboring property and if it is not in keeping with the residential character of the neighborhood(s) surrounding the lot except for parking set forth below. Any person who conducts a home occupation and applies for a building permit shall demonstrate to the code administrator that the proposed construction does not violate this section 16.20.070.
(Ordinance 99-05 adopted 1999)
A.
Depending
upon the nature of the home occupation, the following minimum number
of parking spaces shall be provided on the lot:
2.
If customers or clients come to the premises, an additional one parking
space for every four hundred (400) square feet of gross floor area
used for the conduct of the home occupation; and
3.
If employees reside off the premises, an additional one parking space
for every employee simultaneously working.
B.
No
more than one vehicle, relating to a home occupation, may be parked
at any one time on the streets adjacent or proximate to the lot on
which the home occupation is being conducted; however, in light of
the character of the surrounding neighborhood, the code administrator
may prohibit any vehicles used in connection with a home occupation
from parking on the street. This section regulates parked vehicles
not associated with the residential use of the dwelling unit.
(Ordinance 99-05 adopted 1999; Ordinance 04-05 adopted 2004)
The home occupation shall comply with all other applicable codes,
laws, regulations, and town ordinances. Depending upon the location
of the home occupation, private covenants enforceable by those governed
by the covenants may apply.
(Ordinance 99-05 adopted 1999)
A.
Any
person proposing to conduct a home occupation that will have more
than one employee who will reside off the premises, or that will have
customers or clients coming to the premises, shall be required to
give notice by personal service or certified mail, return receipt
requested, from the Postal Service, of the home occupation application
to any neighborhood association and all property owners within two
hundred feet (200'), excluding public right-of-way, of the exterior
boundary of the property which is the subject of the home occupation
application. The notice shall include the nature of the home occupation,
the number of employees, whether customers or clients will be involved,
the willingness of the applicant to meet with the neighboring residents
and property owners and that the neighboring residents and property
owners may review the application at the town offices.
B.
The
applicant shall deliver a list of the names and addresses of all landowners
notified of the application to the code administrator. Attached to
the list shall be United States Postal Service certified mail receipts
showing evidence of the proper mailing of the notices and all return
receipts received from the Postal Service showing delivery of the
notices, or the signature of each landowner notified by personal service.
The code administrator will review the application for home occupation
only after these proofs of notification are received.
C.
The
neighboring residents and property owners shall have fifteen (15)
days from the date the notice was mailed to review the application.
Town staff shall collect and evaluate public comment and determine
whether the home occupation shall be approved and what restrictions,
if any, shall be placed on it.
D.
Each
person who engages in a home occupation shall register the home occupation
with the town on forms, the contents of which have been approved by
the code administrator, shall provide such information as required
by the forms to verify compliance with the regulations, and shall
renew such registration each year.
E.
No
person shall conduct a home occupation in violation of this section.
In addition to any other remedies available, the town may revoke the
business license for the home occupation or the certificate of occupancy
for any structure in which a home occupation is being conducted in
violation of this section.
F.
Any person who believes to be aggrieved by business activities pursued under this section 16.20.070 may file a complaint with the town planning and zoning department. Within thirty (30) calendar days of receipt of such a complaint, the code administrator will investigate the complaint and issue a written decision as to whether the home occupation against which the complaint was filed violates or complies with this title. If a violation is found, the code administrator shall determine what actions should be taken to address the violation. Complaints shall be kept on file and be open to the public. When investigating complaints, the code administrator shall review the file for prior complaints.
(Ordinance 99-05 adopted 1999)
A.
Application
for a planned unit development overlay zone shall include a preliminary
schematic site development plan that, if approved as submitted or
as modified, shall become part of the zoning map of the town and designated
by the symbol “PUD”. Such symbol shall be followed by
an identifying serial number that shall be placed upon the approved
preliminary site development plan for that property.
B.
Applicants
are encouraged, and may be required, to discuss plans with adjacent
and affected property owners and neighborhood residents. The applicants
should schedule a predesign meeting with town planning staff to review
and discuss submittal requirements and design standards, before preparing
and submitting a preliminary schematic site development plan.
C.
A
preliminary schematic site development plan shall be accompanied by:
1) a site threshold assessment (STH) form obtained from the code administrator;
and 2) the applicant’s narrative statement outlining, at a minimum,
the following:
1.
An enumeration of requested differences between the development and
performance standards of the underlying zone or zones and the proposed
plan;
2.
A detailed calculation of density. A statement of total floor area for all commercial and industrial structures shall be calculated. For residential, the density shall be calculated in accordance with section 16.16.190.4 of this title related to calculation of density for planned unit developments;
3.
The suitability of the planned unit development with existing infrastructure
and services and its compatibility with adjoining land uses;
4.
A statement addressing the consistency (or lack of consistency) of
the proposed plan with the policies of the town;
5.
A statement setting out any benefits or detriments that the plan
will have concerning public health, safety or welfare.
D.
The
preliminary schematic site development plan submitted for the DRC’s
preliminary presentation shall consist of at least two (2) parts,
one of which shall reflect existing conditions, and one of which shall
show proposed land form alterations, improvements and structures,
utilities, circulation patterns, land uses and all other detail necessary
to describe the proposed plan. The preliminary schematic site development
plan shall contain the following basic information, where applicable;
provided, the code administrator may require additional information
or more detail as is deemed reasonably necessary to properly interpret
and evaluate such plan and zoning application:
1.
Specifications.
The preliminary schematic site development
plan maps shall include an accurate true north arrow and shall be
illustrated at a minimum scale of one inch equals twenty feet (1"
= 20'), on a paper size not to exceed twenty-four inches by thirty-six
inches (24" x 36"). If the subject parcel must be illustrated on more
than one sheet of paper, then the applicant shall also include a complete
site development plan at the largest scale possible so that the parcel
can be illustrated on a single sheet of twenty-four inch by thirty-six
inch (24" x 36") paper.
2.
Existing conditions.
a.
A boundary survey with a legal description of all property in the
development;
b.
A description of existing topography with elevation contour lines
at a maximum of four foot (4') intervals;
c.
Location, size and names of existing public and private streets,
public rights-of-way, public and private parking areas, alleys, walkways
and trails, both on the property and within three hundred feet (300')
of the property;
d.
Location and description of all existing easements, noting purpose
and grantee of the easement, both on the property and within three
hundred feet (300') of the property;
e.
A description of existing capacities of public utilities, including,
but not limited to, sewer, water, gas, electric, telephone and cable;
f.
A description of existing sizes, locations and arrangements of the
buildings, structures, ingress/egress of existing parking areas, land
uses, dedicated/reserved parks and open spaces, both on the property
and within three hundred feet (300') of the property;
g.
Location and size of existing signs, fences, walls and landscaped
areas including a description of significant vegetation and other
environmental features;
h.
Locations and size of existing acequias and watercourses, including
a description of existing drainage plan and any existing method of
treatment or correction of flooding or erosion problems.
3.
Proposed changes.
a.
If the application proposes any alterations to topography, a conceptual
description of such proposed alterations;
b.
A conceptual discussion of any proposed modifications to public utilities,
including, but not limited to, sewer, water, gas, electric, telephone
and cable;
c.
A proposed conceptual landscape improvement and maintenance plan
in conformance with the town landscape ordinance, including location,
species and size of proposed shrub groupings and trees, with identification
of any such trees or other significant environmental features that
are proposed to be removed;
d.
A conceptual description of any proposed method of treatment for
storm drainage in conformance with the town storm drainage ordinance
or correction of flooding or erosion problems, and documentation that
acequia rights-of-way will be respected;
e.
If the application proposes to create new lots for sale, a conceptual
description of proposed lot designs and building envelopes and if
any variation from standard setbacks are requested. The final design
for lots shall meet all subdivision regulations, requirements and
obtain necessary subdivision approvals;
f.
A conceptual description of the proposed sizes, locations and arrangements
of the buildings, structures, land uses, dedicated/reserved parks
and open spaces within the planned unit development;
g.
The conceptual layout of and improvement standards for proposed private
and public streets, parking areas, loading areas, and a conceptual
plan for circulation of vehicles, goods and pedestrians on and off
the site. The plan shall show the proposed arrangement of spaces and
locations of ingress and egress points;
h.
Location and size of any proposed signs, fences, and walls;
i.
Conceptual description and location of all proposed public facilities
including, but not limited to, any on-site and off-site traffic mitigation
improvements (such as roadway, signalization, or other measures),
public utility improvements (including, but not limited to, sewer,
water, electric lines, telephones lines, gas lines, cable), schools,
cultural centers, dedicated open spaces, trails, park sites and the
like;
j.
Pictures of the site and surrounding context, submitted as photographs,
printed scanned images or in a digital format;
E.
Prior
to the commission’s final public hearing the following additional
information, where applicable, shall be supplied provided the commission
and/or code administrator may require additional information as is
deemed reasonably necessary to properly interpret and evaluate the
plan and planned unit development zoning application:
1.
Preliminary building footprints, elevations and/or perspective drawings
of all proposed improvements, in sufficient detail to suggest the
architectural style and detail, screening and visual impacts of the
project when completed;
2.
A completed traffic study as required by the town access management
manual and as requested by the code administrator.
(Ordinance 16-10 adopted 2016)
A final site development plan shall conform to the preliminary
site development plan for the development as approved by the town
council. The final site development plan shall contain the following
basic information, where applicable; provided, that the commission
or town council may require additional information as is deemed reasonably
necessary to properly interpret and evaluate such plan:
A.
The
final site development plan map(s) shall include an accurate true
north arrow and shall be illustrated at a minimum scale of one inch
equals twenty feet (1" = 20'), on a paper size not to exceed twenty-four
inches by thirty-six inches (24" x 36"). If the subject parcel must
be illustrated on more than one sheet of paper, then the applicant
shall also include a site development plan at the largest scale possible
so that the parcel can be illustrated on one sheet of twenty-four
inch by thirty-six inch (24" x 36") paper. The final site development
plan shall contain the following detail:
1.
Surveyed boundaries or legal descriptions of all property included
in the development;
2.
The size (in square feet), location, arrangement and land uses of
all property and all structures, buildings, and development;
3.
If lots for sale are to be created, the final site development plan
shall be accompanied by a proposed or approved subdivision map that
meets all applicable subdivision regulations, requirements, and approvals;
4.
The layout and improvement standards of private and public streets,
pedestrian and bicycle ways, parking areas, loading areas and the
proposed plan for circulation of vehicles, goods and pedestrians,
including any on-site or off-site traffic mitigation measures. The
plan shall show the detailed arrangement of parking and loading spaces
and the locations and design improvements of ingress and egress points;
5.
A lighting plan submitted in conformance with the dark skies ordinance
(title 15, chapter 15.28 of this code);
6.
The final site plan shall contain an enumeration of all differences
between the zoning ordinance standards of the underlying zone and
the variations requested in the final site development plan;
7.
The final site plan shall contain a detailed calculation of unit
density. The calculation shall be made by dividing the number of acres
into the total number of units;
8.
The final site plan shall show all existing easements noting purpose,
streets and public rights-of-way within three hundred feet (300')
of the boundaries of the development including names and all public
and private proposed streets, alleys, trails, pedestrian or bicycle
ways, and rights-of-way within the boundaries of the development;
9.
The final site plan shall contain a final landscape improvement and
maintenance plan, completed by a certified professional landscape
architect or a landscape designer and in conformance with the town
landscape regulations (title 15, chapter 15.12 of this code) and bonding
or other assurance for replacement and maintenance of landscaping
that fails during the first two (2) years following issuance of occupancy
permits for the project;
10.
Drawings of the location, design and size of any proposed or existing
signs, fences, and walls;
11.
A detailed description and location of open spaces including proposed
dedicated open spaces and park sites, and reserved open spaces, together
with proposed instruments, such as irrevocable offers of dedication,
deeds, improvement bonds, covenants, conditions and restrictions,
or easements that will effectively implement such projects and/or
dedications;
12.
A utilities improvement plan containing detailed construction drawings
and provisions for any required bonding or other financing for public
utility improvements including, but not limited to, improvements to
sewer, water, electric lines, telephones lines, gas lines, cable,
drainage and walkways;
13.
Engineered grading, drainage, erosion control and terrain management
plan in conformance with the town storm drainage ordinance and flood
damage prevention ordinance;
14.
Architectural plans including floor plans, and elevations at one-eighth inch (1/8") scale and exterior details of all improvements in accordance with the design standards of section 16.20.030 of this chapter;
15.
Final implementation plan for all proposed public facilities including,
but not limited to, any on-site and off-site traffic mitigation improvements
(such as roadway, signalization, or other measures), public utility
improvements (including, but not limited to, sewer, water, electric
lines, telephones lines, gas lines, cable), schools, cultural centers,
dedicated open spaces, trails, park sites and the like. Such plan
shall provide for any required bonding or other financing necessary
to implement the plan.
(Ordinance 04-12 adopted 2004)
Minor amendments to a commission approved PUD overlay zone final
site development plan may be initiated by the property owner or the
owner’s agent upon submittal of a written request. Minor changes
to the commission approved final site development plan may be approved
by the code administrator, with possible conditions, provided that
changes do not involve:
A.
Allowing
uses not otherwise permitted in the underlying zone or zones;
B.
Increasing
the number of dwelling units or the density maximums approved in the
final site development plan;
C.
A
substantial relocation of structures and buildings;
D.
Increasing
the building height, lot coverage, lot size, lot width or reducing
building setbacks;
E.
Reduction
in planned pedestrian or traffic circulation facilities, parking spaces,
and/or open space set aside, including buffers;
F.
Alteration
of any conditions attached to the final site development plan; or
G.
A
significant change from the intent and purpose of the PUD overlay
zone.
|
If the code administrator determines that the amendment request
is not authorized by the express terms of this section, then the request
shall be referred to the commission for public hearing.
|
(Ordinance 04-12 adopted 2004)
A.
Applications
for special uses, conditional uses or provisional permits shall be
accompanied by: 1) a site development plan; 2) a site threshold assessment
(STH) form obtained from the code administrator; and 3) the applicant’s
narrative statement outlining, at a minimum, the following:
1.
A statement addressing the consistency (or lack of consistency) of
the proposed special, conditional or provisional use with the policies
of the town;
2.
A statement setting out any benefits or detriments that the proposed
special, conditional or provisional use will have concerning public
health, safety or welfare.
B.
The
special, conditional, or provisional use site development plan shall
consist of at least two (2) parts, one of which shall reflect existing
conditions, and one of which shall show proposed land form alterations,
improvements and structures, utilities, circulation patterns, land
uses and all other detail necessary to describe the proposed special,
conditional or provisional use. The site development plan shall contain
the following basic information, where applicable; provided, the code
administrator may require additional information or more detail as
is deemed reasonably necessary to properly interpret and evaluate
such plan:
1.
Existing conditions.
a.
The special, conditional or provisional use permit site development
plan map(s) shall include an accurate true north arrow and shall be
illustrated at a minimum scale of one inch equals twenty feet (1"
= 20'), on a paper size not to exceed twenty-four inches by thirty-six
inches (24" x 36"). If the subject parcel must be illustrated on more
than one sheet of paper, then the applicant shall also include a site
development plan at the largest scale possible so that the parcel
can be illustrated on one sheet of twenty-four inch by thirty-six
inch (24" x 36") paper. The site development plan shall contain the
following detail:
(1)
Boundary survey with a legal description of all property in the development;
(2)
Description of existing sizes, locations and arrangements of the
buildings, structures, public and private parking areas, land uses,
dedicated/reserved parks and open spaces, both on the property and
within three hundred feet (300') of the property;
(3)
Description of existing topography with elevation contour lines at
a maximum of four foot (4') intervals;
(4)
Location, size and names of existing public and private streets,
public rights-of-way, alleys, walkways and trails, both on the property
and within three hundred feet (300') of the property;
(5)
Location and description of all existing easements, noting purpose
and grantee of the easement, both on the property and within three
hundred feet (300') of the property;
(6)
The layout and improvement standards of existing private and public
streets, pedestrian and bicycle ways, parking areas, and loading areas.
The site development plan shall show the detailed arrangement of existing
parking and loading spaces and the locations of ingress and egress
points;
(7)
The location of existing signs, fences, walls and landscaped areas,
including a description of existing vegetation and size, location
of significant vegetation and other environmental features;
(8)
Locations and size of existing acequias and watercourses, including
a description of existing drainage plan and any existing or proposed
method of treatment or correction of flooding problems.
2.
Proposed changes.
a.
Proposed private and public streets, pedestrian and bicycle ways,
parking areas, loading areas and the proposed plan for circulation
of vehicles, goods and pedestrians, including any on-site or off-site
traffic mitigation measures. The site development plan shall show
the detailed arrangement of proposed parking and loading spaces and
the locations and design improvements of ingress and egress points;
b.
Landscape improvement and maintenance plan in conformance with the
town landscape ordinance, identification of any such trees or other
significant environmental features that are to be removed and proposed
bonding or other assurances for replacement and maintenance of landscaping
that fails during the first two (2) years following issuance of occupancy
permits for the project;
c.
Drawings of the location, design and size of any proposed signs,
fences, or walls;
d.
Detailed description and location of any proposed open spaces including
dedicated open spaces and park sites and reserved open spaces, together
with proposed instruments, such as irrevocable offers of dedication,
deeds, improvement bonds, covenants, conditions and restrictions,
or easements that will effectively implement such projects and/or
dedications;
e.
Conceptual description of any proposed method of treatment in conformance
with the town storm drainage ordinance or correction of flooding problems,
and documentation that acequia rights-of-way will be respected.
C.
Prior
to the final public hearing before the commission, the following additional
information, where applicable, shall be supplied provided the commission
and/or code administrator may require additional information as is
deemed reasonably necessary to properly interpret and evaluate the
plan:
1.
Completed traffic study as required by the town access management
manual and as requested by the code administrator;
2.
Utilities improvement plan containing detailed construction drawings
and provisions for any required bonding or other financing for any
proposed or required public utility improvements including, but not
limited to, improvements to sewer, water, electric lines, telephones
lines, gas lines, cable, drainage and walkways;
3.
Engineered grading, drainage, erosion control and terrain management
plan in conformance with the town storm drainage ordinance and flood
damage prevention ordinance;
4.
Architectural plans including floor plans, elevations and/or exterior
perspectives, and exterior details of all improvements. Construction
level detail of floor plans, elevations and/or perspective drawings,
and exterior details of all proposed improvements, if applicable;
5.
A lighting plan submitted in conformance with the dark skies ordinance
(chapter 15.28 of this code);
6.
Final implementation plan for all proposed public facilities including,
but not limited to, any on-site and off-site traffic mitigation improvements
(such as roadway, signalization, or other measures), public utility
improvements (including, but not limited to, sewer, water, electric
lines, telephone lines, gas lines, cable), schools, cultural centers,
dedicated open spaces, trails, park sites and the like. Such plan
shall provide for any required bonding or other financing necessary
to implement the plan.
(Ordinance 04-12 adopted 2004)
A.
Where
applicable, the zone change site development plan shall be accompanied
by: 1) a site threshold assessment (STH) form obtained from the code
administrator; and 2) the applicant’s narrative statement outlining,
at a minimum, the following:
1.
A statement addressing the consistency (or lack of consistency) of
the proposed zone change with the policies of the town;
2.
How the proposed zone change is consistent with the criteria for approval of an amendment to the code as set forth in section 16.12.060.2 of this title for zone changes or for approval of variances as set forth in the definition of “variance”, section 16.08.020.3 of this title.
B.
The
site development plan shall contain the following basic information,
where applicable; provided, that the code administrator, commission
and/or town council may require additional information as is deemed
reasonably necessary to properly interpret and evaluate such plan:
1.
The preliminary schematic site development plan maps shall include
an accurate true north arrow and shall be illustrated at a minimum
scale of one inch equals twenty feet (1" = 20'), on a paper size not
to exceed twenty-four inches by thirty-six inches (24" x 36"). If
the subject parcel must be illustrated on more than one sheet of paper,
then the applicant shall also include a site development plan at the
largest scale possible so that the parcel can be illustrated on one
sheet of twenty-four inch by thirty-six inch (24" x 36") paper;
2.
Boundary survey with a legal description of the subject property;
3.
Description of existing sizes, locations and arrangements of the
buildings, structures, public and private parking areas, ingress/egress
of existing parking areas, land uses, dedicated/reserved parks and
open spaces, both on the property and within three hundred feet (300')
of the property;
4.
Location and description of all existing easements, noting purpose
and grantee of the easement, both on the property and within three
hundred feet (300') of the property;
5.
Location, size and names of existing public and private streets,
public rights-of-way, alleys, walkways and trails, both on the property
and within three hundred feet (300') of the property;
6.
Location and size of existing signs, fences, walls and landscaped
areas, including description of existing vegetation and size, location
of significant vegetation and other environmental features;
7.
Locations, size and names of existing acequias and watercourses,
including a description of existing drainage plan and any existing
or proposed method of treatment or correction of flooding problems;
8.
Description of existing topography with contour lines at a maximum
of four foot (4') intervals;
9.
Description of capacities of existing public utilities, both on the
property and within three hundred feet (300') of the property, to
meet utility demands in the event that the property is ultimately
developed to the highest extent allowed by any permitted use within
the zoning district sought by the applicant;
10.
Description of the applicant’s proposed method of assuring
implementation of any necessary infrastructure, including, but not
limited to, traffic mitigation improvements, utility capacity improvements,
and other measures that address future potential demands on public
resources or public health, safety and welfare by virtue of the uses
permitted by the requested zone change or variance. Assurances may
take the form of bonding, certificates of deposit or other binding
methods acceptable to the town.
(Ordinance 04-12 adopted 2004)
A.
The
site development plan shall contain the following basic information,
where applicable; provided, that the code administrator may require
additional information as is deemed reasonably necessary to properly
interpret and evaluate such plan:
1.
Where applicable, the variance site development plan shall be accompanied
by: a) a site threshold assessment (STH) form obtained from the code
administrator; and b) the applicant’s narrative statement outlining,
at a minimum, the following:
a.
A statement addressing the consistency (or lack of consistency) of
the proposed zone change with the policies of the town;
b.
How the proposed zone change is consistent with the criteria for approval of a variance as set forth in the definition of “variance”, section 16.08.020.3 of this title.
B.
The
variance shall consist of at least two (2) parts, one of which shall
reflect existing conditions, and one of which shall show proposed
land form alterations, improvements and structures, utilities, circulation
patterns, land uses and all other detail necessary to describe the
proposed variance. The site development plan shall contain the following
basic information, where applicable; provided, the code administrator
may require additional information or more detail as is deemed reasonably
necessary to properly interpret and evaluate such plan:
1.
Existing conditions.
a.
The variance site development plan map(s) shall include an accurate
true north arrow and shall be illustrated at a minimum scale of one
inch equals twenty feet (1" = 20'), on a paper size not to exceed
twenty-four inches by thirty-six inches (24" x 36"). If the subject
parcel must be illustrated on more than one sheet of paper, then the
applicant shall also include a site development plan at the largest
scale possible so that the parcel can be illustrated on one sheet
of twenty-four inch by thirty-six inch (24" x 36") paper. The site
development plan shall contain the following detail:
(1)
Boundary survey with a legal description of all property in the development;
(2)
Description of existing sizes, locations and arrangements of the
buildings, structures, public and private parking areas, land uses,
dedicated/reserved parks and open spaces, both on the property and
within three hundred feet (300') of the property;
(3)
Description of existing topography, if applicable;
(4)
Location, size and names of existing public and private streets,
public rights-of-way, alleys, walkways and trails, both on the property
and within three hundred feet (300') of the property;
(5)
Location and description of all existing easements, noting purpose
and grantee of the easement, both on the property and within three
hundred feet (300') of the property;
(6)
The layout and improvement standards of existing pedestrian and bicycle
ways, parking areas, and loading areas. The site development plan
shall show the detailed arrangement of existing parking and loading
spaces and the locations of ingress and egress points;
(7)
The location of existing signs, fences, walls and landscaped areas,
including a description of existing vegetation and size, location
of significant vegetation and other environmental features;
(8)
Locations and size of existing acequias and watercourses, including
a description of existing drainage plan and any existing or proposed
method of treatment or correction of flooding problems.
2.
Proposed changes.
a.
Proposed changes to the site development plan affected by the variance
request, if applicable:
(1)
Architectural plans including building footprints, floor plans, elevations
and/or exterior perspectives, and exterior details of all improvements.
Construction level detail of floor plans, elevations and/or perspective
drawings, and exterior details of all proposed improvements, if applicable;
(2)
Private and public streets, pedestrian and bicycle ways, parking
areas, loading areas and the proposed plan for circulation of vehicles,
goods and pedestrians, including any on-site or off-site traffic mitigation
measures;
(3)
Arrangement of proposed parking and loading spaces and the locations
and design improvements of ingress and egress points;
(4)
Identification of any such trees or other significant environmental
features that are to be removed;
(5)
Drawings of the location, design and size of any proposed signs,
fences, or walls;
(6)
Detailed description and location of any proposed open spaces including
dedicated open spaces and park sites and reserved open spaces, together
with proposed instruments, such as irrevocable offers of dedication,
deeds, improvement bonds, covenants, conditions and restrictions,
or easements that will effectively implement such projects and/or
dedications;
(7)
Conceptual description of any proposed method of treatment in conformance
with the town storm drainage ordinance or correction of flooding problems,
and documentation that acequia rights-of-way will be respected.
C.
Prior
to the final public hearing before the commission, additional information,
where applicable, shall be supplied provided the commission and/or
code administrator may require additional information as is deemed
reasonably necessary to properly interpret and evaluate the plan.
(Ordinance 04-12 adopted 2004)
A.
Applications
for a certificate of appropriateness shall be accompanied by a preliminary
site development plan and the applicant’s narrative statement
describing any change in use (if applicable), demolition, relocation
and/or new construction, including preservation, reconstruction, rehabilitation
and restoration.
B.
The
preliminary site development plan shall consist of at least two (2)
parts, one of which shall reflect existing conditions, and one of
which shall show proposed alterations, improvements and structures,
utilities, circulation patterns, land uses and all other detail necessary
to describe any changes in use, demolition, relocation and/or new
construction.
C.
The
preliminary site development plan shall include an accurate true north
arrow and shall be illustrated at a minimum scale of one inch equals
twenty feet (1" = 20'), on a paper size not to exceed twenty-four
inches by thirty-six inches (24" x 36"). If the subject parcel must
be illustrated on more than one sheet of paper, then the applicant
shall also include a site development plan at the largest scale possible
so that the parcel can be illustrated on one sheet of twenty-four
inch by thirty-six inch (24" x 36") paper.
D.
The
site development plan shall contain the following basic information,
where applicable; provided, the code administrator may require additional
information or more detail as is deemed reasonably necessary to properly
interpret and evaluate the certificate of appropriateness request.
E.
The
preliminary site development plan shall contain the following minimum
detail:
1.
Existing conditions.
a.
Boundary survey with a legal description of all property in the development;
b.
Description of existing sizes, locations and arrangements of the
buildings, structures, parking areas, land uses, dedicated/reserved
parks and open spaces on the property;
c.
Location and description of all existing easements, noting purpose
and grantee of the easement on the property;
d.
The layout of pedestrian and bicycle ways, parking areas, and loading
areas, if any. The preliminary site development plan shall also show
the locations of ingress and egress points;
e.
The location of existing signs, fences, walls and a description of
any significant vegetation, landscaping and environmental features.
2.
Proposed changes.
a.
Sketch of architectural plans, including floor plans and elevations,
with indications of all improvements including building windows and
doors and proposed colors for all street visible surfaces;
b.
Proposed locations and design improvements of ingress and egress
points, if applicable;
c.
Landscape identification of any such trees or other significant environmental
features that are to be removed;
d.
Drawings of the location, design and size of any proposed signs,
fences, or walls;
e.
Description and location of any proposed open spaces.
(Ordinance 04-12 adopted 2004; Ordinance 10-07 adopted 2010; Ordinance
11-04 adopted 2011)
A site development plan for building permits shall be accompanied
by a site threshold assessment (STH) form obtained from the code administrator.
The general site development plan shall contain the following basic
information, where applicable; provided, the code administrator may
require additional information or more detail as is deemed reasonably
necessary to properly interpret and evaluate such building permit
application:
A.
A
site development plan that includes an accurate true north arrow and
shall be illustrated at a minimum scale of one inch equals twenty
feet (1" = 20'), on a paper size not to exceed twenty-four inches
by thirty-six inches (24" x 36"). If the subject parcel must be illustrated
on more than one sheet of paper, then the applicant shall also include
a site development plan at the largest scale possible so that the
parcel can be illustrated on one sheet of twenty-four inch by thirty-six
inch (24" x 36") paper;
B.
Boundary
survey with a legal description of all property in the development;
C.
Warranty
deed or notice of valuation showing proof of ownership;
D.
Description
of existing public utilities, including, but not limited to, sewer,
water, gas, electric, telephone and cable and plans for proposed public
utility improvements;
E.
Location
and description of all existing easements (including overhead easements),
noting purpose and grantee of the easement, both on the property and
within three hundred feet (300') of the property;
F.
Location,
size and names of public and private streets, public rights-of-way,
public and private parking areas, alleys, walkways and trails on the
property;
G.
A
description of sizes, locations and arrangements of the buildings
and structures and their land uses;
H.
Ingress/egress
of parking areas, location, arrangement and dimensions of parking
spaces showing ADA spaces if applicable;
I.
Dedicated/reserved
parks and open spaces on the property;
J.
Location
and size of landscaped areas including a description of existing and
significant vegetation and other environmental features. The site
plan shall contain a final landscape improvement and maintenance plan
in conformance with the town landscape regulations (title 15, chapter
15.12 of this code);
K.
Drawings
of the location, design and size of any proposed or existing signs,
fences, and walls;
L.
If
applicable, final implementation plan for all proposed public facilities
including, but not limited to, any on-site and off-site traffic mitigation
improvements (such as roadway, signalization, or other measures),
schools, cultural centers, dedicated open spaces, trails, park sites
and the like. Such plan shall provide for any required bonding or
other financing necessary to implement the plan;
M.
A
description of existing topography with elevation contour lines at
a maximum of two foot (2') intervals;
N.
Locations
and size of existing acequias, watercourses and arroyos, including
a description of existing drainage plan and any existing method of
treatment or correction of flooding or erosion problems and documentation
that existing acequia rights-of-way shall be respected;
O.
Stamped
engineered grading, drainage, erosion control and terrain management
plan in conformance with the town storm drainage ordinance and flood
damage prevention ordinance and any other applicable ordinance for
commercial, multi-family and subdivisions;
P.
Conformance
with dark skies ordinance (title 15, chapter 15.28 of this code);
Q.
Architectural
and engineer plans (stamped by a registered architect and/or engineer
in the State of New Mexico) for all commercial, industrial and large
scale residential projects, including:
1.
Floor plans showing all rooms and uses, locations, sizes and types
of windows and doors;
2.
Label all smoke detection devices;
3.
Framing plan showing size, spacing and spans of joists and girders,
rafters and headers with wood products specified;
4.
All truss details showing method of attachment to columns, walls,
etc.;
5.
Foundation plans indicating the size, location and depth below grade
of all footings, piers and stem walls and also showing the size and
spacing of all steel reinforcements;
6.
Roof plans including slope and material;
R.
Approved
construction industries division mechanical and electrical plan reviews
required for commercial projects;
S.
Submittal
of septic tank permit and well permit or the completed town water
and sewer hookup application.
(Ordinance 04-12 adopted 2004)
The purpose of this section 16.20.090 is to provide developed public parks, trail corridors and usable private open space areas that meet the needs of new development and the community for recreational opportunities, watershed protection, environmental restoration, and visual relief. It is not the intent of the town to remove usable land from development. The intent is to provide for a balance between developed land and preserving the recreational, scenic, and open space character that is unique to the community.
(Ordinance 09-18 adopted 2009)
(Repealed by Ordinance 03-21 adopted 2003)
As a condition of approval of any commercial, multi-family,
or industrial subdivision greater than one acre, issuance of a building
permit for a commercial, industrial, or multi-family project on property
greater than two (2) acres, residential subdivision of more than four
(4) lots, and any rezoning action including the application of a planned
unit development overlay, but excluding the application of the historic
overlay zone, the developer shall be required to publicly dedicate
and/or privately reserve total usable open space of ten percent (10%)
of the gross land area of the development site or pay a park dedication/private
reservation in lieu fee. Dedication or reservation of open space,
rather than payment of in lieu fees, is encouraged for developments
larger than ten (10) acres where the town determines that such open
space will benefit the community.
To meet the condition of approval for open space dedication
where an in lieu fee is required the developer may satisfy the requirement
by providing security acceptable to the town assuring payment of the
in lieu fees at the time of issuance of the first building permit
on the site.
(Ordinance 09-18 adopted 2009)
The open space in lieu fee shall be a set amount commensurate
with a qualified opinion of the general value of land within the agricultural,
recreation, and open space (ARO) zoning district within the town when
purchased for the express purpose of providing public parks and open
space. Said qualified opinion of value shall be obtained by the town
from a licensed New Mexico real estate appraiser and shall be approved
by the town council. The fee may be amended no more than annually
by the town council, but must be amended or reaffirmed every five
(5) years.
(Ordinance 09-18 adopted 2009)
Where a developer has, in compliance with this section 16.20.090: a) already dedicated land to the town; b) reserved private usable open space; or c) paid, or provided security for payment of, park dedication in lieu fees for a development, such developer shall not be required to dedicate or reserve additional land or provide additional in lieu fee payments on account of said development.
(Ordinance 09-18 adopted 2009)
In lieu fees paid to the town as required by this section 16.20.090 shall be placed in a separate fund maintained by the town. Such funds are to be used solely to purchase land or to provide planning, design, environmental assessments, or construction of improvements for recreational facilities, parks, environmental restoration, or trail corridors that are acquired by the town after the effective date of the adoption of the ordinance establishing in lieu fees.
(Ordinance 09-18 adopted 2009)
Outdoor display is limited to seven (7) items per lot and no
more than seven percent (7%) of the facade of the structure in which
the business is located. Outdoor display cannot occur without the
permission of the owner of the business, cause a public nuisance,
or be located within the required parking areas or ingress or egress
aisles of the lot.
(Ordinance 02-11 adopted 2002)
