TITLE 10
ZONING REGULATIONS
CHAPTER 1
ZONING DEFINITIONS
In interpreting this Title, the following terms, words, or phrases used herein shall be interpreted as follows:
A.������� The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
B.�������� The words "shall" and "must" are mandatory, the word "may" is permissive.
ACCESSORY: Subordinate and incidental to a principal use or structure on the same lot.
ADULT BUSINESS RELATED TERMS:
Adult Amusement Establishment: An establishment that:
A. Provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting or relating to specified sexual activities or specific anatomical areas;
B. Features topless dancers, exotic dancers, strippers, male or female impersonators, topless/bottomless waitering, or similar entertainment.
C. Upon payment of a fee, provides an escort or partner to its patrons.
Adult Bookstore/Video Store: A commercial establishment which has twenty percent (20%) or more of its floor space or one of its principal business purposes, which offers for sale or rental or for any form of consideration any one or more of the following:
A. Films, video tapes, video cassettes, or reproductions of video cassettes, photographs, slides, motion pictures, books, magazines, or other visual representations which are distinguished or characterized by their emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities". A commercial establishment may have other principal business purposes that do not include the sale or rental of material depicted or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore/video store if the use is a principal use based upon the visible inventory of commercial activity of the establishment.
Specified Anatomical Areas: Means and includes the male genitals in a state of sexual arousal or the vulva or more intimate parts of the female genitals.
Specified Sexual Activities: Means and includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, anus, buttocks, or female breasts; or
B. Sex acts, normal or perverted, including intercourse, or oral copulation or sodomy; or
C. Masturbation; or
D. Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.
ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT: One or more structures containing three (3) or more dwelling units each, located on one lot.
BASEMENT: The lowest habitable story of a building below ground level.
BOARDING OR ROOMING HOUSE: A dwelling unit containing up to and including five (5) guest rooms where lodging is provided, with or without meals, for compensation.
BUILD: To erect, convert, enlarge, reconstruct, or structurally alter a building.
BUILDING: Any structure built for use of persons or animals.
BUILDING HEIGHT: The vertical distance from the grade to: a) the highest point of a flat roof; b) the deck line of a mansard roof; or c) the average height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING,
CENTER LINE: The line halfway between the street lines.
CLINIC: An establishment occupied by one or more members of the medical or dental profession for the purpose of providing health services.
CLUB: Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating and/or recreational uses, and further, whose activities are not conducted for monetary gains; including, but not limited to, civic, fraternal, charitable, religious, social and patriotic organizations.
CONDITIONAL USE: An allowable land use, but which shall not be undertaken until such use is reviewed and approved by the City Planning and Zoning Commission. Since it is an allowable use, the City Planning and Zoning Commission may not deny it outright; however, the Commission may require the applicant to enter into enforceable agreements or undertakings restricting such use in the interest of the public welfare and the value of the property in that area.
CONDOMINIUM: One or more structures containing two (2) or more dwelling units each that are sold to and held under individual ownership by the occupants, and which may or may not include ownership of the land upon which the dwelling units are situated. This includes townhouses, patiohouses, and other similar forms of individual ownership.
CONTIGUOUS: Touching or separated only by an alley or street.
COURT: An open space that is more than half surrounded by a single building or buildings.
DISTRICT: Any section of the City of Sunland Park where regulations governing the use of buildings and premises or the height and area of buildings and lot size are uniform.
DUPLEX: A building arranged, intended or designed to be occupied by two (2) families living independently of each other and having separate cooking facilities in each dwelling unit.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by two (2) or more families living independently of each other and having separate cooking facilities in each dwelling unit.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family (without more than 2 lodgers or boarders), the structure having only one dwelling unit, but not including a mobile home.
DWELLING UNIT: One or more connected rooms and a single kitchen designed for and occupied by no more than one family for living and sleeping purposes.
FAMILY: An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, fodder, trees and grain, and their storage on the area.
FLOOR AREA: The total gross area of all floors of a building.
FLOOR AREA RATIO: The relationship of the floor area to the lot area computed by dividing the floor area by the lot area.
FRONTAGE: The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street. "
GARAGE, COMMERCIAL: Any building or structure where automobiles, trucks, tractors, or other vehicles are stored, painted, repaired or equipped for a charge, and where the service and sale of gasoline and oil are incidental to the principal building use.
GARAGE, PRIVATE: Any accessory building for the primary purpose of housing vehicles which are owned and used by the occupants of the main building.
GRADE: The average of the finished ground level at the center of all walls of a building.
HOME OCCUPATION: See Title 3, Chapter 4 of this Code for home occupation regulations.
LOT LINE, FRONT: The boundary of a lot bordering on a street. For the purpose of determining setback requirements on corner lots and double frontage lots, all sides bordering on a street shall be considered the front.
LOT LINE, REAR: The lot boundary line which is opposite and most distant from and not coterminous with the front lot line.
LOT LINE, SIDE: Any boundary line not a front lot line or a rear lot line.
MAJOR RECREATIONAL EQUIPMENT: Include boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), used for transporting recreational equipment, whether occupied by such equipment or not.
MANUFACTURED HOME: A factory-built dwelling, which is manufactured or constructed under the authority of 42 USC section 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.
MOBILE HOME (MH): A manufactured, nonmotorized dwelling unit complete and ready for a long term occupancy, built on a permanent chassis for towing purposes, with minimum body dimensions of eight feet (8') wide by forty feet (40') long, built to be connected to utilities and placed on a foundation. A mobile home is designed specifically for single-family human habitation and can be identified by a model and serial number given by the builder and registered with the State of
MOBILE HOME
MOBILE HOME PARK: A parcel of land on which space is leased for terms of twelve (12) months or less, or rented for occupancy for thirty (30) days or more by mobile homes, and which contains permanent facilities for the use of mobile home occupants.
MOBILE HOME SPACE (MHSP): A parcel of land within a mobile home park rented or intended to be rented to prospective renters by the owner. MHSPs include required yards, parking yards, parking areas, attached and/or detached accessory buildings, open spaces and utilities.
MOBILE HOME SUBDIVISION: A parcel of land equal to one City block or its equivalent, subdivided into lots individually owned and utilized as the site for placement of a single mobile home.
MODULAR DWELLING UNIT: A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site in a modular structure on a permanent foundation. The term is intended to apply to major assemblies which must conform to the local building codes, and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements which are to be incorporated in a structure at the building site.
NONCONFORMING USES, LOTS, STRUCTURES: Any building, structure or portion thereof, or use of any building or land which does not conform to this Title and which lawfully existed on the effective date hereof but does not include a sign or advertising structure.
PERSON: Includes a firm, association, organization, partnership, trust, company or corporation as well as individual.
PREMISES: Any lot or combination of contiguous lots held in single ownership, together with all development thereon.
RECREATIONAL VEHICLE PARK (RVP): A tract of land at least two (2) acres in size, on which recreational vehicles are parked temporarily in rental spaces for periods not exceeding ninety (90) days during any twelve (12) month period. Recreational vehicles may not be stored in RVPs.
RECREATIONAL VEHICLE STORAGE AREA (RVSA): A parcel of land on which recreational vehicles are stored while not in use.
RECREATIONAL VEHICLE, TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and not designed to be permanently connected to utilities.
SETBACK: The required distance between every building or structure and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, except as may be authorized by this Title.
SIGN: A device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be construed to be a sign:
A. Flags or government insignias, except when used in commercial displays.
B. Integral decorative or architectural features on buildings, except letters, trademarks, moving parts, or moving lights.
C. Illustration of names of occupants, post office box numbers and property numbers when smaller than one square foot.
D. Legal notice of identification, informational, or directional signs erected or required by governmental bodies.
E. Private traffic signs bearing no advertising matter.
F. Real estate advertising of the property on which the sign is located; provided, that the area of the sign or group of signs is less than five (5) square feet.
G. Signs denoting the name and address of the occupants of the premises, the number of which shall not exceed three (3) and the area of each shall not exceed one square foot.
H. Professional nameplates that shall not exceed three (3) in number and the area of each shall not exceed one square foot.
I. Signs for home occupations, the number of which shall not exceed one and the area of which shall not exceed one square foot.
J. Signs for private daycare facilities and kindergartens, the number of which shall not exceed one and the area of which shall not exceed one square foot.
K. Signs denoting the architect, engineer or contractor placed on the premises where construction, repair or renovation is in progress, with a combined total surface area not exceeding four (4) square feet.
L. Signs for a temporary garage or yard sale which shall be located on the premises where the sale is conducted, the number of which shall not exceed one and the area of which shall not exceed two (2) square feet.
SIGN AREA: The total area that will contain the entire sign excluding architectural embellishments and supports on neither of which there is displayed any advertising material nor any lighting.
SIGN, FREESTANDING: A sign attached to or supported from the ground and not attached to a building.
SIGN, WALL: A sign flush to the exterior surface of a building, whether applied directly on the building or a signboard attached flush to the building.
STREET: A thoroughfare which has been dedicated to the public or which has been made public by continuing use by the public for the period of time recognized by the law to create a street by adverse use of the public.
TOWNHOUSE: One of a group of attached dwelling units divided from each other by common walls and each having a separate entrance leading directly to the outdoors at ground level.
TRAVEL TRAILER COURT OR CAMPGROUND: A lot, tract or parcel of land licensed and used or offered for use in whole or in part, for the parking of occupied travel trailers, pickup campers, converted buses, recreational vehicles, tent trailers, tents or similar devices used for temporary portable housing and used solely for living and/or sleeping purposes and which does not allow use for more than thirty (30) consecutive days.
VARIANCE: A relaxation of the terms of this Title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Title would result in unnecessary and undue hardship. As used in this Title, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking, and off-street loading requirements or as elsewhere specifically authorized by this Title.
WRECKING OR JUNKYARD: An area where automobiles or other types of equipment are dismantled for reasons of obtaining parts; or where wrecked or otherwise unserviceable automobiles are stored; or other cases where sufficient used metal has been allowed to accumulate so as to cover an area larger than two hundred fifty (250) square feet. (Ord. 1985-03,
CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
A.������� Appointment: An administrative official designated by the Mayor, with the advice and consent of the City Council, shall enforce this Title. He may be provided with the assistance of such other persons as the Mayor, with the advice and consent of the City Council, appoints to enforce this Title.
B.�������� Duties:
1. Notice Of Violation To Responsible Person: If the administrative official shall find that any of the provisions of this Title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
2. Remedial Action: He shall order discontinuance of illegal use of land, buildings, or structure; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Title to ensure compliance with or to prevent violation of its provisions. (Ord. 1985-03, 4-16-1985)
A.������� Building Permits Required: No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this Title, unless he receives a written order from the Board of Adjustment in the form of an administrative review, conditional use, special exception, or variance as provided by this Title.
B.�������� Application For Building Permit:
1. Plans And Information Required: All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of all structures already existing, if any, and the location and dimensions of the proposed structure or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Title.
2. Return Of Plans As Approved Or Disapproved: One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
C.������� Expiration Of Building Permit:
1. Time Limit To Begin: If the work described in any building permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the administrative official; and written notice thereof shall be given to the persons affected. (Ord. 1985-03, 4-16-1985)
2. Time Limit For Completion: If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)
A.������� Certificate Required:
1. Use Or Occupancy: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this Title.
2. Nonconforming Structure Or Use: No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically how the nonconforming use differs from the provisions of this Title; provided, that upon enactment of this Title, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificates of zoning compliance. Failure to make such application within three (3) months shall be presumptive evidence that the property was a nonconforming use at the time of enactment or amendment of this Title.
B.�������� Application For Certificate: No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Title upon completion of the work.
C.������� Temporary Certificate: A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion; provided, that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
D.������� Maintain Records: The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.
E.�������� Failure To Obtain Certificate: Failure to obtain a certificate of zoning compliance shall be a violation of this Title and punishable under Section
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be a violation of this Title and punishable as provided by Section
Any violation of this Title, in addition to any other remedy or punishment provided by law or ordinance, is punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment in the County jail for a term of not more than ninety (90) days, or by both such fine and imprisonment. Every day that any such violation continues constitutes a separate offense. (Ord. 1985-03, 4-16-1985)
CHAPTER 3
BOARD OF ADJUSTMENT
A Board of Adjustment is hereby established, which shall consist of the members of the City Planning and Zoning Commission28. (Ord. 1985-03, 4-16-1985)
A.������� Rules Of Conduct: The Board of Adjustment may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Title.
B.�������� Meetings: Meetings shall be held at the call of the chairman and at such other times as the Board may determine. All meetings shall be open to the public.
C.������� Oaths; Witnesses: The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
D.������� Minutes; Notice Of Proceedings: The Board of Adjustment shall keep minutes of its proceedings and provide notice of its proceedings in accordance with the Open Meetings Act29 and Public Records Act30. (Ord. 1985-03, 4-16-1985)
A.������� Right To Appeal; Time Limit: Appeals to the Board of Adjustment concerning interpretation or administration of this Title may be taken by any person aggrieved by any decision of the administrative official. Such appeal shall be taken within a reasonable time, not to exceed ten (10) days after notice of the decision appealed, by filing with the administrative official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
B.�������� Hearing Date; Notice: The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
C.������� Appeals To City Council: Appeals from any decision of the Board of Adjustment shall be to the City Council. They shall be made within the same time and manner as appeals to the Board of Adjustment. (Ord. 1985-03, 4-16-1985)
An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of competent jurisdiction on proper application and showing of competent evidence. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)
CHAPTER 4
ZONING DISTRICTS; MAP
A.������� Map Adopted By Reference: The City is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this Title.
B.�������� Map Certification: The Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Clerk-Treasurer, and bear the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance Number 1985-03 of the City of Sunland Park, said Ordinance dated the 16th day of April, 1985", together with the date of the adoption of this Title.
C.������� Amendment Of Map: If, in accordance with the provisions of this Title and New Mexico Statutes Annotated section 3-21-1 et seq., changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)", which entry shall be signed by the Mayor and attested by the City Clerk-Treasurer. No amendment to this Title which involves material portrayed on the Official Zoning Map shall become effective until after change and entry has been made on said Map.
D.������� Unauthorized Changes A Violation: No changes of any nature shall be made in the Official Zoning Map or material shown thereon except in conformity with the procedure set forth in this Title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Title and punishable as provided under Section
E.�������� Map On File In Clerk-Treasurer's Office: Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the office of the City Clerk-Treasurer and shall be the final authority as to the current zoning status of land, and structures in the City or in the City's extra-territorial zoning jurisdiction at such time as zoning is approved for this extraterritorial area pursuant to New Mexico Statutes Annotated section 3-21-3. (Ord. 1985-03, 4-16-1985)
A.������� Procedure: In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other clerical, typographical nonsubstantive errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Clerk-Treasurer, and bear the Seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as part of Ordinance No.������ of the City of
B.�������� Preservation Of Original Map: Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior Map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. (Ord. 1985-03, 4-16-1985)
A.������� Division Into Districts: In order to carry out the provisions of this Title, the City and territory in its extra-territorial zoning jurisdiction at such time as zoning is approved for this extra-territorial area pursuant to New Mexico Statutes Annotated section 3-21-1 et seq., is hereby divided into zone districts, as named and described in the following sections. The regulations prescribed in this Title shall apply within the corporate limits of the City and to the territory in its extra-territorial zoning jurisdiction at such time as zoning is approved for this extra-territorial area pursuant to New Mexico Statutes Annotated section
B.�������� Boundaries Shown On Map: The boundaries of said zone districts are hereby established as shown on the Official Zoning Map.
C.������� Uncertainty Of Boundary Lines: Where due to the scale, lack of detail or illegibility of the Official Zoning Map, there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of a zone district boundary line shall, upon a written request, be determined by the Board of Adjustment.
D.������� Frontage On Public Right Of Way: Abutting zone districts along frontage on a public right of way shall automatically extend to the center line upon vacation from public use of said right of way. (Ord. 1985-03, 4-16-1985)
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A.������� Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
B.�������� Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.������� Boundaries indicated as approximately following City limits shall be construed as following such City limits.
D.������� Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.�������� Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
F.�������� Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this Section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.
G.������� Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Adjustment shall interpret the district boundaries.
H.������� Where a district boundary line divides a lot which was in single ownership at the time of passage of this Title and where such lot was created as part of a properly approved and filed subdivision, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot into the remaining portion of the lot. If such lot was not created as a part of a properly approved and filed subdivision, the more restrictive regulations for either portion of the lot shall apply into the remaining portion of the lot and the Board of Adjustment may permit, as a special exception, the extension of the less restrictive regulations to the entire lot only after such lot is approved and filed pursuant to the subdivision regulations. (Ord. 1985-03, 4-16-1985)
A.������� Minimum Regulations: The regulations set by this Title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
B.�������� Compliance With District Regulations: No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
C.������� Compliance With Conditions And Limitations: No building or other structure shall hereafter be erected or altered:
1. To exceed the height or bulk;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required; or in any other manner contrary to the provisions of this Title.
D.������� Yards, Open Spaces And Parking: No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building, for the purpose of complying with this Title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
E.�������� Yard Or Lot Dimensions: No yard or lot existing at the time of passage of this Title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this Title.
F.�������� Zoning Of Annexed Land: At such time as territory may hereafter be annexed to the City, it shall continue to be zoned and subject to such land use restrictions as prior to such annexation. Provided, however, if such territory is not subject to zoning or land use restrictions, the City Council shall, as a condition of such annexation, zone such territory. (Ord. 1985-03, 4-16-1985)
Notwithstanding any other provision to the contrary herein, residential uses are prohibited in C-1 Light Commercial, C-2 General Commercial, M-1 Light Industrial and M-2 Heavy Industrial Zones. (Ord. 1987-03,
CHAPTER 5
RESIDENTIAL DISTRICTS
ARTICLE A.� RE RURAL ESTATE DISTRICT
10-5A-1: PURPOSE:
The purpose of this Zone is to provide for agricultural activities and low density residential uses that are conducive to a rural atmosphere and to allow conventional on-site constructed single-family dwelling units. (Ord. 1985-03, 4-16-1985)
10-5A-2: PERMISSIVE USES:
One single-family dwelling unit per lot.
Agricultural activities, as follows, provided the lot has an area of at least two (2) acres:
A.������� Home occupation related to the raising of agricultural products or horses.
B.�������� Swine, fowl, goats, sheep, and cattle are prohibited.
Incidental structures such as private workshops, storage or greenhouse, of similar construction appearance as the main residence.
Nursery products, the raising of. (Ord. 1985-03, 4-16-1985)
10-5A-3: CONDITIONAL USES:
A use permit shall be required for the following conditional uses:
Churches, hospitals, schools, and religious and philanthropic institutions; provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this Title and to provide setback from all property lines a distance of at least one foot (1') for each foot of building height.
Kennel, veterinary hospital. (Ord. 1985-03, 4-16-1985)
10-5A-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Six thousand feet (6,000').
B.�������� Minimum Yards:
1. Front: Twenty feet (20').
2. Side: Five feet (5').
3. Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)
10-5A-5: HEIGHT LIMITATIONS:
No building or structure shall exceed thirty five feet (35') in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy, may exceed this height. (Ord. 1985-03, 4-16-1985)
10-5A-6: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)
10-5A-7: SIGNS:
Sign restrictions shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
ARTICLE B.� RE-1 RURAL ESTATE DISTRICT
10-5B-1: PURPOSE:
The purpose of this Zone is to provide for single-family residential uses and agricultural activities through sustainable practices, emphasizing resource efficiency by achieving a balance between the consumption of resources and the maintenance of the environment with minimum disturbance. (Ord. 1998-01, 2-3-1998)
10-5B-2: PERMISSIVE USES:
A.������� Single-Family Housing; Straw-Bale Construction: Single-family housing constructed of straw bales in compliance with the New Mexico Uniform Building Code.
1. Size And Location:
a. Minimum parcel size shall be fifteen (15) acres. Maximum housing density shall permit no less than ten thousand (10,000) square feet net area per residential unit.
b. Structures shall not be permitted within twenty feet (20') of an adjacent owner's structures or a street.
2. Fencing: Individual fencing of houses, evergreen hedges, or perimeter walls surrounding the house shall be permitted; provided, that no fencing, hedges or walls along the sides or front edge of any front yard shall be over two and one-half feet (2 1/2') in height and will not exceed six feet (6') in height on the sides and rear area and will not be constructed at a distance of more than ten feet (10') from the house.
3. Energy Efficiency: All houses shall be constructed with the most current energy-efficient technologies including the use of passive solar heating fundamentals, passive cooling, natural ventilation, and day lighting. (Ord. 1998-01, 2-3-1998)
B.�������� Agricultural Activities: The following agricultural activities shall be allowed; provided, that these are performed in a sustainable manner:
1. Livestock:
a. Livestock limited to fowl and rabbits no more in number than two (2) per residence shall be permitted; provided, that they are maintained in a confined manner which will not endanger or harm the overall health of the community or obstruct other uses within this zone. (Ord. 1998-01, 2-3-1998; amd. 2000 Code)
b. Any structures which house fowl or rabbits such as coops shall not be located within twenty five feet (25') of an adjacent residential site or street.
c. Livestock (fowl and rabbits) shall be permitted within the community "green area", but must be restrained at all times, whether at a residential site or within the community "green area"31.
d. Retail stands or buildings, or any selling of livestock within the District for commercial purposes shall be prohibited.
2. Small-Scale Agricultural Plots: Small-scale agricultural plots, or what is generally referred to as "sustainable systems" or "house gardens", are permitted to be incorporated into the landscape including the growing of medicinal herbs, native plants, vegetables, and fruit and nut trees; provided, that these uses do not endanger or harm the overall health of the community.
3. Greenhouses: Greenhouses are permitted for growing high-value, space intensive crops and sprouting seedlings.
4. Nursery Products: The raising of nursery products.
5. Native Vegetation: Native vegetation shall be preserved and enhanced as much as possible to reduce erosion of native soils by wind and water. (Ord. 1998-01, 2-3-1998)
C.������� Accessory Uses And Structures: Accessory uses and structures including private workshops, garages and storage units; provided, that these resemble the main residence. Accessory uses and structures shall not be within twenty five feet (25') of an adjacent residence or street and a minimum of ten feet (10') from the principal residence. (Ord. 1998-01, 2-3-1998; amd. 2000 Code)
D.������� Solar Technologies: Active and passive solar technologies including solar panels and passive solar heating fundamentals.
E.�������� Home Occupations: Home occupations shall be permitted, provided they are in accordance with the City home occupation ordinance32 and any other applicable ordinances. (Ord. 1998-01, 2-3-1998)
10-5B-3: COMMUNITY APPROVAL:
Any use or activity not listed or cited within these zoning regulations shall be approved by the community before application to the City for a conditional use and granting of a use permit. (Ord. 1998-01, 2-3-1998)
10-5B-4: DISTRICT REQUIREMENTS:
A.������� Connection To City Water: All residences shall connect to City water. Individual wells shall be prohibited.
B.�������� Collection Of Rainwater; Use Of Gray Water: The collection and reuse of rainwater, and wash and bath or "gray" water shall be permitted within the confines of an individual owner's residential area for house gardens, ornamentals, and enhancement of native vegetation.
C.������� Wastewater Treatment System: All residences shall connect to the subdivision's wastewater treatment system. Individual wastewater treatment systems for septic and kitchen wastes or "black" water are prohibited.
D.������� Recyclables; Hazardous Wastes: The following practices will be permitted in an attempt to achieve sustainability:
1. Recycling of materials will be implemented, and a collection point established in the District will be opened at scheduled times to receive sorted recycled materials. (Ord. 1998-01, 2-3-1998)
2. Household hazardous materials shall be separated from other waste materials and disposed of in an environmentally sound manner approved by the State. A collection point established in the District will be opened at scheduled times to receive household hazardous materials. Hazardous materials such as motor oil and paint thinner shall be recycled and less hazardous material. (Ord. 1998-01, 2-3-1998; amd. 2000 Code)
E.�������� Height Limitations: No buildings or structures shall exceed thirty five feet (35') in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy, may exceed this height.
F.�������� Off-Street Parking: Off-street parking requirements shall be as provided in Chapter 13 of this Title.
G.������� Signs: Sign restrictions shall be as provided in Chapter 14 of this Title.
H.������� Street Maintenance: All streets within the District shall be maintained by an association made up of the residential site owners. (Ord. 1998-01, 2-3-1998)
10-5B-5: DESIGN STANDARDS:
A.������� Streets: Streets within the District shall follow the guidelines established in Chapter 4 of this Title, except for the following:
1. Minimum width dedicated for streets shall not be less than fifty feet (50').
2. Minimum surfacing width for local streets shall be twenty feet (20').
3. Minimum surfacing width for collector streets shall be twenty four feet (24').
4. All streets within the District shall be surfaced with a stabilized cement with an aggregate wear course.
5. All streets within the District shall be constructed with a graded roadside swale for drainage control. Checks will be utilized within the swale to retard and divert storm water runoff to the community "green area". (Ord. 1998-01, 2-3-1998; amd. 2000 Code)
B.�������� Green Area Designation: There shall be no individual blocks or lots within the District. Other than individual residential housing sites, land dedicated for streets, and check dams constructed for drainage purposes, all land will be designated as a community "green area" to be opened for use by residents of the District.
C.������� Check Dams: Where appropriate, check dams shall be constructed within natural arroyos, to retard and divert storm water runoff to the community "green area" in order to retain as much water on the land as possible.
D.������� Wastewater Treatment Method: The method of wastewater treatment within the District shall be a pond system with fermentation pit, followed by a constructed wetlands for polishing prior to land application for optional agricultural reuse of effluent for wastewater disposal. An alternate means of wastewater disposal via the City sewer system shall be utilized in the event of a failure of the community wastewater treatment and reuse system.
E.�������� Fire Hydrants: Fire hydrants shall be located within ten feet (10') of the road surfacing where possible and spaced at maximum distances of four hundred feet (400') apart.
F.�������� Utilities: Utilities shall be located within easements and along streets where possible and comply with requirements of the utility company or provider. Whenever practical, all utilities shall be placed underground. (Ord. 1998-01, 2-3-1998)
ARTICLE C.� R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
10-5C-1: INTENT:
The intent of this Zone is to allow only conventional on-site constructed single-family dwelling units and those uses which maintain the predominantly residential nature of the District. (Ord. 1998-05, 10-6-1998)
10-5C-2: PERMISSIVE USES:
One single-family dwelling unit per lot.
Accessory uses or buildings customarily incidental to a residential area, including work shops, garages, etc.
Storage of a boat, camper, trailer or other major recreational equipment as long as such boat, camper, trailer or vehicle is not used as a dwelling or accessory living quarters and is not connected to utilities. The boat, camper, trailer, or vehicle must be stored in a rear yard, and may not be parked in the front yard or street for more than a twenty four (24) hour period. (Ord. 1985-03,
10-5C-3: CONDITIONAL USES:
A use permit shall be required for the following conditional uses:
The construction of one single-family dwelling unit; provided, that, prior to construction of such unit, a building permit is obtained from the City; and provided, that the duration of construction for such unit from start to completion does not exceed two (2) years. Mobile homes or trailers, connected to available utilities and used as living quarters during the construction of a building on the premises, is eligible only for a one year permit. Such a permit shall not be renewed for more than one additional one year period. After a permit has expired, the mobile home or trailer shall be removed from the site.
Churches.
Hospitals or clinics.
Real estate sales office in connection with a specific development, allowable only as a renewable conditional for six (6) months at a time.
Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club.
Schools.
Any other use which is compatible, as determined by the Planning and Zoning Commission, with the residential nature of this Zone, and shall be considered for approval only after a public hearing for which the adjacent property owners within three hundred feet (300') have been notified at least ten (10) days prior to the hearing. (Ord. 1985-03,
10-5C-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Six thousand (6,000) square feet.
B.�������� Minimum Yards:
1. Front: Twenty feet (20').
2. Side: Five feet (5'), except on a corner lot the minimum setback on the street must be ten feet (10').
3. Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)
10-5C-5: HEIGHT REQUIREMENTS:
No building or structure shall exceed thirty five feet (35') in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy may exceed this height. (Ord. 1985-03, 4-16-1985)
10-5C-6: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)
10-5C-7: SIGNS:
Sign restrictions shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
10-5C-8: FINISH GRADE AND NATURAL GROUND GRADE:
A.������� All dwellings, conventional or manufactured homes, shall maintain a minimum of six inches (6") to a maximum of twelve inches (12") finish floor level above finish grade.
B.�������� "Natural ground grade" shall be defined as the existing grade before placement of manufactured home or slab. "Finish grade" shall be defined as the finish floor of the home minus six inches (6") and sloping away from the home. The finish grade may or may not be the same as the natural grade. (Ord. 1998-05, 10-6-1998)
ARTICLE D.� TC SINGLE-FAMILY TOWNHOUSE AND CONDOMINIUMS DISTRICT
10-5D-1: INTENT:
The intent of this Zone is to provide for sites for townhouses, condominiums, and uses incidental thereto. (Ord. 1985-03, 4-16-1985)
10-5D-2: PERMISSIVE USES:
Permissive uses include all uses permissive in the R-1 Zone. (Ord. 1985-03, 4-16-1985)
10-5D-3: CONDITIONAL USES:
A.������� Uses conditional in the R-1 Zone.
B.�������� Such other uses specifically granted by the City Planning and Zoning Commission to implement the development plan including waivers of provisions or regulations as necessary. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)
10-5D-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Three thousand (3,000) square feet per townhouse. Townhouse lots shall have a width of not less than twenty four feet (24') per dwelling unit. (Ord. 1989-04, 6-7-1989)
B.�������� Yards: No minimum yard size for condominiums; however, townhouses shall have the following minimum yard sizes:
1. Front: Fifteen feet (15'), except where frontage is on a standard residential street as an extension of R-1 Zone development or which street extends to serve R-1 Zone development; in which case, regulations pertaining to R-1 Zone setback shall apply and, also, except that setback for a carport shall be not less than twenty feet (20') or five feet (5') greater than principal building.
2. Side: No required side yard setback, except there shall be not less than fifteen feet (15') on the intersecting street side of corner lots; and where a standard residential street is to become the side frontage, the provisions of subsection B1 above shall apply.
3. Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)
C.������� Floor Area Ratio To Lot Size: The maximum floor area ratio to lot size shall be 0.6. (Ord. 1989-04, 6-7-1989)
10-5D-5: HEIGHT LIMITATIONS:
Height limitations shall be the same as R-1 Zone. (Ord. 1985-03, 4-16-1985)
10-5D-6: OFF-STREET PARKING:
Two (2) off-street parking spaces per dwelling unit plus one space additional for each bathroom in the unit over one. (Ord. 1985-03, 4-16-1985)
10-5D-7: SIGNS:
Sign restrictions shall be the same as R-1 Zone. (Ord. 1985-03, 4-16-1985)
10-5D-8: USABLE OPEN SPACE:
There shall be provided on site a minimum of seven hundred fifty (750) square feet of usable open space per dwelling unit. (Ord. 1985-03, 4-16-1985)
10-5D-9: SPECIAL SITE CONDITIONS:
A townhouse, condominium area may be planned and developed to include irregular street alignment and minimum widths, on-site drainage without curb and gutter and with protective provisions for shoulders as determined by the technical staff of the City, and bicycle paths and walkways as are conducive to the purposes of the development. Nothing herein shall be construed to waive applicable standards for construction of asphalt streets. (Ord. 1985-03, 4-16-1985)
ARTICLE E.� MR MIXED RESIDENTIAL DISTRICT
10-5E-1: PURPOSE:
The purpose of this Zone is to provide for the development of residential housing and certain other uses which are compatible with the development of the neighborhood. (Ord. 1985-03, 4-16-1985)
10-5E-2: PERMISSIVE USES:
A.������� Dwellings, Mobile Homes And Modular Dwelling Units:
1. Placement Permit Required: One single-family dwelling per lot, including mobile homes and modular dwelling units; provided, however, that prior to placement of a dwelling unit, a permit shall be acquired from the City Building Inspector. On application for the permit, the applicant must show that a mobile home is:
a. As defined in Section
b. Will be stabilized and anchored in accordance with the Manufactured Housing Act of New Mexico33.
2. Certificate Of Occupancy Required: Subsequent to placement of the mobile home and inspection by the City Building Inspector, approving the placement, a mobile home shall not be occupied until an occupancy permit has been granted by the City Building Inspector. An occupancy permit shall not be granted until:
a. Skirting: The mobile home is completely skirted with solid and aesthetically compatible material of the same type, color, and texture as the outer siding of the mobile home.
b. Deck Or Porch: A solid deck or porch area, which need not be covered or enclosed, is constructed at the main entrance which is at least equal in size to five percent (5%) of the heated area of the mobile home.
3. Fences Or Walls: If fences or walls are constructed, they shall be approved by the City Building Inspector. If constructed, they shall be a minimum of three and one-half feet (3 1/2') high but no more than two and one-half feet (2 1/2') high in front and on sides of front yards. They shall be constructed in such a manner as not to cause increased quantity or velocity of runoff to neighboring property. (Ord. 1989-04, 6-7-1989)
4. Noncompliance; Removal Of Mobile Home: Failure to comply with all requirements of this Article shall require removal of the mobile home within a twenty (20) day period. After failure to comply within the twenty (20) day period, the owner shall be subject to Section
B.�������� Apartments and duplex units. (Ord. 1985-03, 4-16-1985)
10-5E-3: CONDITIONAL USES:
A use permit shall be required for the following conditional uses:
The construction of one single-family dwelling unit, addition to a mobile home or a dwelling unit, the construction of an approved accessory building or a use customarily incidental to a residential area including workshops, garages, etc.; provided, that a building permit is acquired from the City Building Inspector prior to the construction of any building, and provided that the duration of construction of any building does not exceed two (2) years.
Church and incidental facilities.
Noncommercial library, museum and art gallery.
Public utility structure, such as transformer, switching, pumping, and similar technical operations essential to the operation of a public utility, but not including a power generation plant.
Recreation facility (community, nonprofit).
Schools. (Ord. 1985-03,
10-5E-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Six thousand (6,000) square feet.
B.�������� Minimum Yards:
1. Front (Not Including Hitches): Fifteen feet (15') except twenty feet (20') in front of garages and carports.
2. Side: Seven and five-tenths feet (7.5'), except on a corner lot the minimum side yard shall be ten feet (10').
3. Rear: Fifteen feet (15'). (Ord. 1989-04, 6-7-1989; amd. 2000 Code)
10-5E-5: HEIGHT REQUIREMENTS:
Same as for R-1 Zone. (Ord. 1989-04, 6-7-1989)
10-5E-6: OFF-STREET PARKING:
Off-street parking shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)
10-5E-7: SIGNS:
Signs shall be limited as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
ARTICLE F.� MF MULTI-FAMILY RESIDENTIAL DISTRICT
10-5F-1: PURPOSE:
The purpose of this Zone is to allow higher density residential uses. (Ord. 1985-03, 4-16-1985)
10-5F-2: PERMISSIVE USES:
A.������� Permissive uses as allowed in R-1 Zone.
B.�������� Apartments and duplex units. (Ord. 1985-03, 4-16-1985)
10-5F-3: CONDITIONAL USES:
A use permit shall be required for the following conditional uses:
Churches.
Hospitals or clinics.
Professional and semi-professional offices.
Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six (6) month period at a time.
Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club.
Any other use which is compatible, as determined by the Planning and Zoning Commission, with the residential nature of this Zone, and shall be considered for approval only after a public hearing for which the adjacent property owners within three hundred feet (300') have been notified at least ten (10) days prior to the hearing. (Ord. 1989-04, 6-7-1989)
10-5F-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Four thousand (4,000) square feet per dwelling unit for the first two (2) dwelling units plus nine hundred (900) square feet for every additional dwelling unit over the second dwelling unit. (Ord. 1990-07, 11-7-1990; amd. 2000 Code)
B.�������� Minimum Dwelling Unit Size: Eight hundred fifty (850) square feet.
C.������� Minimum Yards:
1. Front: Fifteen feet (15') except twenty feet (20') in the front of garages and carports.
2. Side: Seven and one-half feet (7.5') except on a corner lot, the minimum side yard is ten feet (10').
3. Rear: Fifteen feet (15').
4. Floor Area Ratio: The maximum floor area ratio to lot size shall be 0.60.
D.������� Minimum
1. Width: Fifty five feet (55').
2. Depth: One hundred feet (100').
E.�������� Variances: Variances to any of the above restrictions will be reviewed on a case-by-case basis. Final variance approval will be given by the City Council. (Ord. 1990-07, 11-7-1990)
10-5F-5: HEIGHT REQUIREMENTS:
No building or structure shall exceed forty five feet (45'). (Ord. 1985-03, 4-16-1985)
10-5F-6: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)
10-5F-7: SIGNS:
Signs shall be limited as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
CHAPTER 6
COMMERCIAL DISTRICTS
ARTICLE A.� C-1 LIGHT COMMERCIAL DISTRICT
10-6A-1: PURPOSE:
The purpose of this Zone is to permit a limited mixture of residential and retail commercial activities. This Zone establishes and preserves areas for those commercial facilities which are essentially useful in close proximity to residential areas while minimizing the undesirable impact of such commercial uses on the neighborhoods which they service. (Ord. 1985-03, 4-16-1985)
10-6A-2: PERMISSIVE USES:
Any use which is compatible with the general nature and patterns of permitted residential uses as outlined in Chapter 5, Articles A through F of this Title. (Ord. 1985-03, 4-16-1985)
10-6A-3: CONDITIONAL USES:
A special use permit shall be required for the uses listed in this Section. The examples listed below are for explanatory purposes and may include other similar businesses of similar neighborhood convenience. Buffer strips, wall or fences shall be required in some instances. Specific conditions and provisions for each use may be referred to in Chapter 10 of this Title.
Adult amusement establishment.
Adult bookstore/video store.
Airport and heliport.
Ambulance service.
Auto washing establishment.
Bakery.
Banks and financial institutions.
Body shop.
Bookstore.
Bus garage.
Car wash.
Gasoline service station.
Grocery store.
Heavy equipment repair and service.
Kennel (commercial).
Laundromat; dry cleaning; linen supply.
Mobile home park.
Paint shop (spraying, mixing).
Planned unit development.
Professional office.
Public utility installation, substation, and water well.
Racetrack.
Recreation hall.
Recycling purchase center.
Stadium: baseball, football, soccer, or track. (Ord. 1998-02, 4-7-1998)
10-6A-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Five thousand (5,000) square feet.
B.�������� Minimum Yards Required: Where the site faces or abuts a residential zone, the setback requirements of the residential zone apply; otherwise the following shall apply:
1. Front: Fifteen feet (15').
2. Side: Five feet (5').
3. Rear: Fifteen feet (15'). (Ord. 1999-02, 3-2-1999)
10-6A-5: HEIGHT REQUIREMENTS:
Same as the MF Zone. (Ord. 1999-02, 3-2-1999)
10-6A-6: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. No loading or unloading is to be conducted in a public street. (Ord. 1999-02, 3-2-1999)
10-6A-7: SIGNS:
Signs shall be limited as provided in Chapter 14 of this Title. (Ord. 1999-02, 3-2-1999)
ARTICLE B.� C-2 GENERAL COMMERCIAL DISTRICT
10-6B-1: PURPOSE:
The purpose of this Zone is to allow those commercial activities that serve the general community on a day-to-day basis. (Ord. 1985-03, 4-16-1985)
10-6B-2: PERMISSIVE USES:
Any use which is compatible with the general nature and patterns of permitted residential uses as outlined in Chapter 5, Articles A through F of this Title. (Ord. 1985-03, 4-16-1985)
10-6B-3: CONDITIONAL USES:
A use permit shall be required for the following uses:
Those conditional uses allowed in the C-1 Zone.
Garage for automotive repair and painting, provided it complies with the following:
A.������� All activities shall be conducted within a completely enclosed building.
B.�������� Storage of not more than five (5) inoperable automobiles intended for repair, owned by customers only; provided, that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet (6') high.
Lumber and building supply store.
Motel and hotel.
Service stations primarily for automobiles and petroleum gas for consumption but not for resale and including lubricating, minor repairs and associated activities which are conducted within a completely enclosed building. A solid wall or fence at least six feet (6') high shall be erected between the activity and any abutting or contiguous residential zone, or other buffer as may be required by the Planning and Zoning Commission.
Shopping centers. Shopping center applications for conditional use shall be submitted according to the following requirements:
A.������� An applicant shall submit a general development plan for the shopping center, or shopping center site, including drawings showing the approximate location of proposed buildings; lighting control, protective screening; landscaping; the general design of pedestrian and vehicular entrance, and circulation; and the general design or parking, loading, and traffic handling facilities and methods.
B.�������� The general development plan shall be accompanied by parking and traffic engineering plan designed to accepted traffic engineering practices and laid out so as to be an integral part of the center development. Pickup or unloading points must be designed so that vehicles stopped for this purpose do not create congestion on abutting public ways. No loading or unloading is to be conducted in a public street.
C.������� Upon approval, the applicant is responsible for payment of cost for the necessary channelization, shelter, and vehicular turning movements into the shopping center or shopping center site. These responsibilities shall be reduced to written enforceable agreement and agreed upon between the applicant and the City at the time of approval of the general development plan.
Any other use which is found compatible by the Board of Adjustment with the general nature and patterns of commercial activity. (Ord. 1985-03, 4-16-1985)
10-6B-4: AREA REQUIREMENTS:
A.������� Minimum Lot Area: Five thousand (5,000) square feet.
B.�������� Minimum Yards Required: Where the site faces or abuts a residential zone the setback requirements of the residential zone apply; otherwise, the following shall apply:
1. Front: Fifteen feet (15').
2. Side: Five feet (5').
3. Rear: Fifteen feet (15'). (Ord. 1999-02, 3-2-1999; amd. 2000 Code)
10-6B-5: HEIGHT RESTRICTIONS:
Height restrictions shall be the same as MF Zone. (Ord. 1985-03, 4-16-1985)
10-6B-6: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)
10-6B-7: SIGNS:
Sign limitations shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
CHAPTER 7
INDUSTRIAL DISTRICTS
ARTICLE A.� M-1 LIGHT INDUSTRIAL DISTRICT34
10-7A-1: PURPOSE:
The purpose of this Zone is to allow for heavy manufacturing uses. (Ord. 1985-03, 4-16-1985)
10-7A-2: PERMISSIVE USES:
The list below is for explanatory purposes and is not inclusive. Other similar manufacturing uses may be permitted upon request to the Planning and Zoning Commission.
Manufacturing of the following:
Acetylene gas.
Alcohol.
Ammonia, bleaching powder, chlorine.
Asphalt.
Brick, tile, terra cotta.
Chemicals.
Metal forge.
Oilcloth, linoleum.
Paint, oil (including linseed, shellac, turpentine, lacquer, varnish).
Petroleum.
Plastics.
Soap.
Sodium compounds.
Stove or shoe polish.
Tar products.
Railroad repair shop.
Wrecking or junkyard. (Ord. 1985-03, 4-16-1985)
10-7A-3: CONDITIONAL USES:
A use permit shall be required for the following uses:
Manufacturing or use of the following:
Cannery, curing of raw hides.
Cement, lime gypsum, plaster of paris.
Explosives.
Fertilizer.
Glue.
Slaughter of animals.
Stock yard feeding pen.
Wool pulling or scouring. (Ord. 1985-03, 4-16-1985)
10-7A-4: AREA REQUIREMENTS:
Buffer zones may be required by the Planning and Zoning Commission. (Ord. 1985-03, 4-16-1985)
10-7A-5: HEIGHT REQUIREMENTS:
Same as the M-R Zone. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)
10-7A-6: OFF-STREET PARKING:
Off-street parking requirements as provided in Chapter 13 of this Title. No loading or unloading is to be conducted in a public street. (Ord. 1985-03, 4-16-1985)
10-7A-7: SIGNS:
Sign limitations as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
ARTICLE B.� M-2 HEAVY INDUSTRIAL DISTRICT35
10-7B-1: PURPOSE:
The purpose of this Zone is to allow for heavy commercial, warehousing, and light manufacturing operations. Residential uses are not allowed. (Ord. 1985-03, 4-16-1985)
10-7B-2: PERMISSIVE USES:
A.������� Uses Conducted Within Building: The following uses must be conducted within a completely enclosed building:
Bottling plant.
Cold storage plant.
Ice plant (wholesale).
Manufacturing, compounding, assembling, or treatment of articles from the following previously prepared materials:
����������� Bone or shell.
����������� Cellophane.
�����������
����������� Fiber.
����������� Fur.
����������� Glass.
����������� Horn.
����������� Leather.
����������� Metals.
B.�������� Uses Conducted Within Building Or Fence: The following uses must be conducted in a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least six feet (6') high:
Building material storage or sales.
Concrete or cement products manufacturing, batching plant and processing of stone.
Dwelling unit, one, for a watchman or caretaker on the same lot or parcel of land with an industrial structure or use.
Gravel, sand, or dirt removal activity, stockpiling, processing or distribution and batching, plant; however, blasting or drilling is prohibited.
Rental, sales, display and repair of construction and heavy farm equipment.
Tire recapping or retreading. (Ord. 1985-03, 4-16-1985)
10-7B-3: AREA REQUIREMENTS:
For area requirements, refer to Section
10-7B-4: HEIGHT REQUIREMENTS:
Maximum height of any building or structure shall be forty five feet (45'). (Ord. 1985-03, 4-16-1985)
10-7B-5: OFF-STREET PARKING:
Off-street parking requirements shall be as provided in Chapter 13 of this Title. No loading or unloading is to be conducted on a public way. (Ord. 1985-03, 4-16-1985)
10-7B-6: SIGNS:
Sign limitations shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)
CHAPTER 8
SU-1 SPECIAL USE ZONE
The purpose of this Zone is to permit only those uses which require special consideration because of their unusual nature, dimensions, effect on surrounding property, or other similar reason. The boundaries of this Zone shall be determined only on a case-by-case basis following the procedures of an amendment as provided in this Title. (Ord. 1985-03, 4-16-1985)
Supplementary regulations and special conditions may be imposed by the City Council upon recommendations by the Planning and Zoning Commission. The City Council may not grant a zone change for special use without a public hearing and unless adequate conditions and safeguards in the opinion of the City Council have been made:
A.������� To assure that the degree of compatibility of property uses shall be maintained with respect to the special use and the surrounding uses of property in the general area; and
B.�������� To preserve the integrity and character of the zone in which the use will be located, and the utility and value of property in the Special Use Zone and in the adjacent zones. (Ord. 1985-03,
CHAPTER 9
MO-1
The MO-1 Mobile or Manufactured Home Zoning District is hereby established. The purpose of this Zone is to provide for high density exclusively mobile or manufactured home single-family individually owned lots utilized as sites for placement of one single-family mobile or manufactured home per lot. (Ord. 1993-08, 7-6-1993)
MOBILE OR MANUFACTURED HOME SUBDIVISION: A parcel of land equal to at least twelve thousand (12,000) square feet of a regular or rectangular shape subdivided into lots individually owned and utilized as the site for placement of one single-family mobile or manufactured home per lot. (Ord. 1993-08, 7-6-1993)
In this District land, buildings or structures shall be used only for mobile or manufactured single-family homes, and:
A.������� No more than one mobile or manufactured home shall be allowed on a lot.
B.�������� On the lot, enclosed storage structures or garage facilities of sufficient size to serve the single-family dwelling, and for no other purpose, are allowed.
C.������� Accessory uses and structures which are clearly incidental and subordinate to permitted or permissible uses and structures are allowed.
D.������� Conduct of business on the premises is prohibited. (Ord. 1993-08, 7-6-1993)
A.������� Development Plan: Prior to granting MO-1 zoning approval, the owner shall submit to the City Building Inspector an overall development plan showing proposed land uses for the entire area to be zoned. The plan shall be in accordance with the provisions of this Chapter including a minimum site size of at least twelve thousand (12,000) square feet.
B.�������� Compliance With Subdivision Ordinances: The plan shall meet or exceed all requirements of the City subdivision ordinances and regulations and no lots may be sold unless the owner complies with all subdivision ordinances and regulations.
C.������� Home Stand Location; Drainage: Each home stand shall be located on a well-drained lot and graded to ensure proper drainage of the lot and adequate storm drainage away from the home stand.
D.�������
1. Minimum Size: Minimum lot size per home unit shall be four thousand (4,000) square feet.
2. Configuration: Each lot shall be configured in such a manner as to allow a home stand of concrete footing adequate to support the home unit.
E.�������� Number Of Homes Allowed: A maximum of eight (8) home lots per gross acre shall be allowed in any mobile home subdivision.
F.�������� Location Of Homes: Homes shall be so located on each lot that there shall be at least a twenty foot (20') clearance between homes; provided, that with respect to homes parked end-to-end, the end-to-end clearance may not be less than twenty feet (20'). No home shall be located closer than ten feet (10') to any property line.
G.������� Off-Street Parking:
1. Notwithstanding the minimum lot size of four thousand (4,000) square feet for each home lot, all lots shall be of sufficient size and configured in such a manner that in addition to the home stand, space shall be provided for two (2) off-street parking spaces, which shall be paved or covered with crushed stone or other suitable material.
2. No on-street parking shall be permitted.
3. Set-aside space for off-street parking shall not be encroached upon for any other uses. (Ord. 1993-08, 7-6-1993)
CHAPTER 10
SPECIAL USES
A "special use" is a use which is not permitted by right in a zoning district. A special use requires review and approval by the Planning and Zoning Commission and City Council to determine impacts on the surrounding area. (Ord. 1998-02, 4-7-1998)
The procedures for such approval are as follows:
A.������� Application For Special Use Permit:
1. Statement Of Reasons; Site Plan: Applications for a special use permit shall be obtained from the Community Development Department. There shall be a comprehensive statement included with each application indicating in detail the reason for the request, the purpose and use of the property, all improvements to be made, and a site plan including the following:
a. Location of existing and proposed structures including dimensions of setbacks;
b. Existing and proposed vehicular circulation systems, including parking areas, storage areas, service areas, loading areas, and major points of access, including street pavement width and right of way;
c. Location and treatment of open spaces including landscaping plan and schedule;
d. Lighting; and
e. Signage.
2. Drainage Facilities Plan: A drainage facilities plan or environmental impact statement may be required by the Planning and Zoning Commission.
B.�������� Public Hearing And Notice Procedure:
1. Notify Adjoining Property Owners: A public hearing shall be held by the Planning and Zoning Commission for all special use permits, and all property owners within two hundred feet (200') of the request shall be notified in accord with the provisions of subsection B2 of this Section.
2. Hearing And Notice Requirements: A public hearing is required for all requests for a zoning district change, zoning text amendment, future land use plan change, special use permit, planned unit development, annexation and initial zoning. Whenever such request is proposed, notice of the public hearing shall be sent by certified mail to all property owners, as shown on the records of the County Assessor, within the proposed area of the change and within at least two hundred feet (200') of the area of the proposed change or request, excluding streets, alleys, channels, canals, other public rights of way and railroad right of way; provided, that a minimum of fifteen (15) property owners will be notified, where less than that number are within the mandatory two hundred foot (200') radius. Notice to said property owners shall be mailed at least ten (10) days prior to the required public hearing. Notice of the time and place of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the City.
C.������� Review And Approval Procedures: The Planning and Zoning Commission may deny such special use permits, or may grant final approval in accord with certain conditions, with right of appeal to the City Council. Approval may also be granted with additional conditions imposed, which are deemed necessary to ensure that the purpose and intent of this Title is met and to protect and provide safeguards for persons and property in the vicinity.
D.������� Time Limitations, Revocation And Development Standards;
1. Generally: In addition to the imposition of conditions, the Planning and Zoning Commission may impose a time limitation on the special use permit. If a special use is discontinued for a period of one year, said permit shall automatically be revoked. If a certificate of occupancy and/or a business registration is not issued for the property with the special use permit within two (2) years from the date of Planning and Zoning Commission approval, then the special use permit shall be automatically revoked. All improvements shall be in accord with the development standards within the district, except as otherwise authorized by the special use permit, and there shall be no major revisions in the site plan of the original approved special use, except as approved by the Planning and Zoning Commission. Minor revisions to a site plan, following final approval, may be subsequently approved by the planning staff without a public hearing. Major revisions to the plan are subject to a regular public hearing with the same requirements as an original application.
2. Major Revisions: Major revisions shall include, but are not limited to:
a. Any change in land use or intensity;
b. Modifications of vehicular traffic volumes or circulation; and
c. Increase in size of property or change in location or configuration of structures.
3. Minor Changes: Minor changes approvable by the planning staff are as follows:
a. Provision of additional parking or landscaping;
b. Minor adjustment to parking, landscaping, lighting, signage; and
c. Superficial changes to structures or slight variations in dimensions.
4. Permit Renewal: Special use permits shall be eligible for renewal when limitations expire.
E.�������� Recording Of Special Use Permits: After approval, the special use permit shall be issued by the Community Development Director or his/her designee and shall include all information, conditions, reference to site plans, and other provisions of the special use. The special uses as granted shall be shown on a Special Use Permit Map indicating its location with a designation of "SU" and the year of expiration. Special uses shall not be considered a zoning district change. (Ord. 1998-02, 4-7-1998)
The following are special uses which may be approved by the Planning and Zoning Commission in accord with the provisions and conditions of this Chapter. The Planning and Zoning Commission may, at its discretion, impose additional conditions when deemed necessary. Such uses shall be approved only within the districts stipulated.
ACCESSORY UNIT (R-1): This use is intended to allow flexibility in existing and proposed housing designs in order to better accommodate family living arrangements which often result due to growing economic and social demands and/or impacts. This use shall be permitted, provided:
A. Owner of record shall reside in either the main or accessory unit for a minimum of six (6) months of each calendar year during the special use permit approval period. Instances where nonresidency occurs in excess of six (6) months due to a legitimate illness or accident requiring hospitalization or special care shall be exempt from this provision; and
B. No more than one accessory unit shall exist per single-family dwelling/lot; and
C. Accessory units shall be created solely to accommodate those related to the family. Actual occupancy is subject to item A above; and
D. A maximum permitted increase to the size of an existing dwelling for purposes of an accessory unit shall be thirty percent (30%) of the floor area which existed three (3) years prior to application submittal. No more than thirty percent (30%) of the floor area for new construction may be allocated for the accessory unit in each instance, the permitted floor area for the accessory unit may not exceed five hundred (500) square feet; and
E. Exclusive of the applicant's proposal, no more than ten percent (10%) of single-family dwellings (R-1 Zone) within a five hundred foot (500') radius of the applicant's property (measurement shall be from property line to property line exclusive of rights of way) shall have accessory units. If there are no R-1 zoned properties within the radius measured, the proposal shall be considered as meeting the ten percent (10%) requirement; and
F. The lot/parcel proposed for such use shall meet the minimum area requirements of the R-1 Zone (most recent Sunland Park Zoning Code, as amended); and
G. Every effort shall be made to avoid additional entrances or other visible changes on the facade of the house facing the street. Modifications or initial designs shall, to the extent possible, conform to the overall design of the house. Exterior materials used for the accessory unit shall, to the extent possible, be of a compatible color, texture, and type; and
H. Accessory units shall retain direct internal access to the main dwelling in a manner which will allow easy reconversion back as part of the single-family unit (single kitchen) upon expiration or termination of the special use permit. Accessory units created through an addition or designated as such in new construction shall be connected to the main dwelling by a common wall(s). A minimum of seventy five percent (75%) of the accessory units common wall(s) length shall be used in the connection. Direct internal access to the accessory living areas shall exist through functional/integral living areas such as a living room, family room, main hallway, etc. Ancillary hallways, garages, laundry rooms, or similar areas shall not serve as the sole connecting facility; and
I. Landscaping shall be used to the extent possible, to minimize the impact to adjacent properties; and
J. Parking for the accessory unit shall conform to City standards; and
K. Approval for an accessory unit (special use permit) shall be based on the length of time the accessory unit/main dwelling is to be used by a specific family member as determined by the applicant. No more than one accessory unit special use permit shall be granted, per lot, to the same property owner. The special use permit may be revoked on the grounds of noncompliance with all applicable conditions, codes, or ordinances and thereby, require reconversion back as a single-family dwelling. Special use permits for purposes herein defined shall run with the specific family member(s) (not the land) for which the accessory unit was created. A change in ownership of a property where a special use permit exists for a person(s) who is/are no longer a family member of the accessory unit occupant or a change in the intended accessory unit occupancy status shall cause said permit to immediately become void. In such instances, it shall be the responsibility of the new/present owner to either apply for a new accessory unit special use permit or reconvert the structure back to a single-family unit as required pursuant to all applicable regulations; and
L. Upon approval of an accessory unit special use permit, the applicant and/or property owner shall be required to file the special use permit, as issued by the Planning Department, with the County Clerk's office; and
M. All applicable special use permit requirements shall apply pursuant to Chapter 8 of this Title unless exempted or otherwise stated under these provisions.
ADULT AMUSEMENT ESTABLISHMENT: This use shall be permitted, provided:
A.������� Such use is located at a minimum of one thousand feet (1,000') from a property line of a:
Church;
Nursery/daycare;
Public park or recreational facility;
Residential zoning district;
School; and
Other adult bookstore/video store or adult amusement establishment.
B.�������� This use shall be permitted, provided such use is located at a minimum of five hundred feet (500') from the property line of a liquor establishment. Measurement shall be measured from the adult amusement establishment to the property line of the liquor establishment.
C.������� The operator of an adult entertainment establishment shall affix a sign to the exterior wall nearest the primary entrance to the structure in which such enterprise is located. Such sign shall be thirty six inches by eighteen inches (36" x 18"), shall have red lettering (letters shall be 2 inches in width and 3 inches in height) on a white background and it shall state as follows:
����������������������� ������������������� WARNING:
����������� ADULT AMUSEMENT ESTABLISHMENT
����������� THE BUSINESS WITHIN IS SEXUALLY ORIENTED
ADULT BOOKSTORE/VIDEO STORE: This use shall be permitted, provided:
A.������� Such use is located at a minimum of one thousand feet (1,000') from a property line of a:
Church;
Nursery/daycare;
Public park or recreational facility;
Residential zoning district;
School; and
Other adult bookstore/video store or adult amusement establishment.
B.�������� This use shall be permitted, provided such use is located at a minimum of five hundred feet (500') from the property line of a liquor establishment. Measurement shall be measured from the adult bookstore/video store to the property line of the liquor establishment.
C.������� The operator of an adult bookstore/video store shall affix a sign to the exterior wall nearest the primary entrance to the structure in which such enterprise is located. Such signs shall be thirty six inches by eighteen inches (36" x 18"), shall have red lettering (letters shall be 2 inches in width and 3 inches in height) on a white background and it shall state as follows:
����������������������� ����������� WARNING:
����������� ADULT BOOKSTORE/VIDEO STORE
����������� �THE BUSINESS WITHIN IS SEXUALLY ORIENTED
AIRPORT LANDING FIELD, STRIP OR HELIPORT: Uses shall be in accord with all Federal Aviation Administration Regulations.
AMUSEMENT PARK.
AUTOMOBILE PARKING LOT: Parking lots must be within three hundred feet (300') of any office, commercial, business, or industrial district. The parking area shall be suitably landscaped, paved and drained, lighted, and maintained free of debris.
BODY SHOP.
BUS GARAGE: A traffic plan shall be approved by the City Engineer showing the location, size, and width of streets giving access to the garage. Such use shall be located on an arterial or collector street as shown on the Future Land Use Plan.
CEMETERY OR SIMILAR USES: Any cemetery site shall contain at least ten (10) acres and shall provide adequate landscaping, screening, and buffering.
CHILDCARE CENTER OR SIMILAR USES; SIX OR MORE CHILDREN: Childcare center, nursery school, day nursery, kindergarten and similar uses shall be in accord with State licensing requirements and enclosed with a solid wall or fence five feet (5') in height. A stacking lane shall be provided which is at least fifteen feet (15') in width and a minimum total length of twenty seven feet (27') for each ten (10) children of maximum designed enrollment.
CHURCH AND SIMILAR USE; OVER TEN PERSONS: Adequate off-street parking shall be provided as required by this Title, and such use shall be located on an arterial or collector street, as shown on the Future Land Use Plan. In addition, there shall be adequate screening and buffering along residential property lines. All church sites shall have a minimum of two (2) acres.
DRIVE-IN BANK: Stacking lanes shall be provided and designed to ensure that no bank traffic backs into the street giving access to the bank. Banks must be located on a collector or arterial street as shown on the Future Land Use Plan. Waiting lanes shall be a minimum of one hundred eighty feet (180') in length for each drive-in window, with a minimum width of ten feet (10') for each lane.
FLEA MARKET: Flea markets shall not be approved if there is a protest of fifty one percent (51%) within the area of property ownership one hundred feet (100') from the proposed use.
FRATERNITY.
GAS PUMPS: Gas pumps may be permitted in the C-1 Zone, provided they are used in conjunction with a convenience grocery store. There shall be no servicing of vehicles allowed. A sign may be used for such use, provided it shall not exceed ten feet (10') in total height, and the total sign area shall not exceed twenty (20) square feet. Said allowances for a sign are in addition to normal requirements listed in the Sign Code, Chapter 14 of this Title.
GOLF COURSE OR COUNTRY CLUB: There shall be screening and buffering on property lines abutting residential areas and no structures shall be within fifty feet (50') of a residential property line.
GROSS FLOOR AREA, EXCEEDING THREE THOUSAND SQUARE FEET: The maximum gross area per business may exceed three thousand (3,000) square feet in a C-1 District, provided it can be shown that the increase in size will not be inconsistent with the purpose of the C-1 District and will not create traffic congestion. Businesses shall not exceed six thousand (6,000) square feet of gross floor area.
HALFWAY HOUSES AND QUASI-INSTITUTIONAL HOUSES.
HEAVY EQUIPMENT REPAIR AND SERVICE.
HOME FOR HANDICAPPED, DISABLED, RETARDED, OR RETIRED.
HOSPITAL OR OVERNIGHT CLINIC.
INSTITUTIONS; PUBLIC, EDUCATIONAL, RELIGIOUS, AND PHILANTHROPIC.
KENNEL, COMMERCIAL: Such uses shall be a minimum of four hundred feet (400') from any residential zoning district boundary.
M-2 SPECIAL USES: The following uses are permitted in the M-2 District, provided such use is a minimum of one thousand feet (1,000') from a residential zoning district boundary and does not create a nuisance due to noise, odor, pollution, traffic or other similar problems:
Acid manufacture.
Airport or heliport.
Cement, lime, gypsum or plaster manufacture.
Explosives manufacture or storage.
Fat rendering.
Fertilizer manufacture.
Glue manufacture.
Junkyards, salvage, or wrecking yards.
Petroleum refining.
Raw materials manufacturing, processing, and extracting.
Smelting of ores.
Stockyards or slaughter of animals.
MANUFACTURE, PROCESSING, TREATMENT, AND EXTRACTION OF RAW MATERIALS: Such uses shall be a minimum of four hundred feet (400') from a residential district boundary or residential dwelling property line. Uses shall not create a nuisance due to noise, odor, pollution, traffic or other similar problems.
MOBILE HOME PARKS: See Section
MOBILE HOME SUBDIVISIONS.
NURSING HOMES: There shall be no more than ten (10) persons in one home, and a minimum of two (2) parking spaces must be provided in addition to one space for each five (5) persons.
OFFICES IN HISTORIC DISTRICTS AND STRUCTURES: Offices of professional, commercial, industrial, religious, institutional, public or semi-public persons or organizations; provided, that no goods, wares, or merchandise shall be prepared or sold as the primary business of the facility. Such special use shall be permitted within any zoning district, but only within:
A.������� An existing structure identified as "significant" or "contributing" in a recognized historical district on the State Register of Historic Places; or
B.�������� An existing individual structure, landmark, site or building listed on the State Register of Historic Places.
Such special use permits shall be permitted only for a time specified by the Planning and Zoning Commission, and only as long as the property retains its designation on the State Register of Historic Places. Otherwise, the property shall revert to and retain its normal zoning district classification and the rights associated therewith.
PAINT SHOP; SPRAYING OR MIXING: Provided such use shall be located at least one hundred feet (100') from any residential zoning district and provided there shall be Fire Department approval.
PLANNED UNIT DEVELOPMENTS.
PUBLIC BUILDINGS.
PUBLIC UTILITY INSTALLATIONS, SUBSTATIONS, WATERWELLS: The site shall be developed and maintained in conformance with the general character and appearance of the district, and such development shall include landscaping and suitable screening in the form of a solid wall, fence or compact shrubbery around the entire perimeter of the lot or tract, or arc, and the installation itself in cases such as transformers.
RACETRACK: Provisions are the same as for stadium special uses.
RECREATIONAL VEHICLE PARKS: See Section
RECYCLING PURCHASE CENTERS: This business is limited to the inspection, weighing, purchasing and temporary storage of aluminum and scrap metal, cloth, glass and paper products. Said materials are to be purchased for the purpose of transporting to local and area processing centers.
A. Storage shall be within an enclosed building; or
B. Storage may be located within mobile trailer units within a sight obscuring fence at least six feet (6') in height, and not to be a contamination, rodent, insect, or health hazard;
C. Materials to be recycled shall not remain on the premises for a period exceeding four (4) weeks; and
D. Recycling purchase centers shall be located a minimum of three hundred feet (300') from any residential zoning district.
SCHOOLS; PUBLIC, PRIVATE, PAROCHIAL: Such use shall be reviewed to ensure proper location within the City and shall be located on an arterial or collector street as shown on the Future Land Use Plan.
SHOPPING CENTER, FIVE ACRES MAXIMUM: There shall be a development plan submitted. In addition, there shall be a solid wall of at least six feet (6') in height provided on all residential property lines abutting such center.
SORORITY.
STABLES, COMMERCIAL: Provisions are the same as for a "kennel, commercial" special use.
STADIUM; BASEBALL, FOOTBALL, SOCCER, OR TRACK: All parking areas and interior streets shall be surfaced, and the building complex shall be located a minimum of three hundred feet (300') from any residential zoning district boundary.
SWIMMING POOL, COMMERCIAL OR PUBLIC (All Residential R Districts): A protective fence or wall no less than six feet (6') in height shall be provided which completely encloses the pool area, and the pool shall be no closer than fifteen feet (15') from any property line. Approval from the electric utility is required to ensure safety. (Ord. 1998-02, 4-7-1998; amd. 1998-07, 10-16-1998; 2000 Code)
Special use permit�������� $300.00
Special use amendment 300.00
Appeals to City Council����������� 100.00
(Ord. 1998-02, 4-7-1998)
A special use permit is required for all MHP developments and is intended to provide for the development of mobile home parks at standards consistent with the health, safety, and welfare of the community. MHPs are permitted by special use permit in the following districts: R-2 and C-2. "Mobile homes" as defined in Section
A.������� Application And Action: Application for a special use permit to build or enlarge an MHP shall be made to the Community Development Department.
B.�������� Permitted Uses In
1. Stationing of residential mobile homes with complete hookup to utilities.
2. Accessory buildings, swimming pools, home occupations, and recreation areas and buildings.
3. Home for handicapped, disabled, retarded, or retired.
C.�������
����������� Spacing (Minimum Of MHs)���� Spaces (Minimum)
Side to side 20 feet������ Area 3,500 square feet
Back to back 20 feet��� Width 35 feet
Boundary to MH 10 feet���������� Depth 100 feet
Mobile home to any building 20 feet����� Height (maximum)
Mobile home to accessory building 10 feet������� Stories 2
MPH minimum size 5 acres������ Height 35 feet
Site Coverage�� Density
Open space (minimum) 40 percent������� Per space 1
Impervious material (maximum) 40 percent������� Per acre 10 MH units
D.������� Design Standards:
1. Swimming Pools:
a. Swimming pools are permitted only when a protective fence four feet (4') in height is provided around the yard, lot or pool area.
b. The pool shall be no closer than five feet (5') from any property line or mobile home space boundary, and approval from all utilities is required to ensure overhead safety.
c. All gates in fences shall be self-closing and equipped with self-latching devices.
2. Perimeter Walls: All mobile home parks shall have perimeter walls at least five feet (5') in height as approved by the Community Development Department.
3. Landscape Concept: All mobile home parks shall have a landscape concept, as approved by the Community Development Department, for all areas not devoted to structures, streets, alleys, drives, walks and paths.
4. Walls, Fences, And Hedges: Walls, fences, and hedges shall conform to this Title, with the following exception: a clear-sight triangle of twenty feet (20') in both directions on the mobile home space from the corner of the internal streets is required. A clear-sight triangle of at least thirty feet (30') is required at all MHP entrances and exits.
5. Utility Placement: Utility placement shall be approved by the Community Development Department.
E.�������� Streets And Access Standards:
1. All MHPs shall have vehicular access from an arterial or collector street.
2. Each mobile home when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.
3. Street layout shall be designed for prevention of natural features and to follow topography to the greatest extent possible and to encourage the orientation of mobile homes in such a manner as to permit the use of solar energy systems.
4. All streets within a mobile home park shall be surfaced with asphalt or concrete to a minimum width of thirty seven feet (37').
6. There shall be a network of pedestrian walks connecting mobile home spaces with each other and with MHP facilities.
7. Private driveways shall be designed to increase ease of access, increase privacy, and provide safety.
8. All spaces and streets shall be designed to ensure proper drainage. A complete drainage plan shall be approved by the City Engineer.
9. Street lighting shall be provided to illuminate all private and public access ways and walkways for the safe movement of vehicles and pedestrians at night.
F.�������� Signs: Signs shall conform to Sign Code in Chapter 14 of this Title.
G.������� Refuse: The management of a mobile home park shall provide adequate refuse collection facilities. These collection facilities shall be constructed and maintained in accordance with all City health regulations, shall be properly screened, and shall be designed to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.
H.������� Storage:
1. MHPs shall have a storage yard for recreational vehicles. Such storage yards shall have a minimum of sixty (60) square feet of storage area per mobile home space in the development and shall be located so as not to detract from surrounding properties. All recreational vehicles shall be parked in the storage yard. (Ord. 1998-07, 10-6-1998)
2. Each mobile home space shall have a personal storage unit. Such storage unit shall be at least six feet (6') high with a storage capacity of at least three hundred (300) cubic feet. Each storage unit shall be anchored permanently to the ground. (Ord. 1998-07, 10-6-1998; amd. 2000 Code)
I.��������� Nonexposure Of Undercarriage: Mobile home undercarriages shall be concealed by either:
1. An appropriate, nonflammable skirting developed for the particular mobile home by the manufacturer, or its equal, and meeting the requirements of the State Mobile Housing Division Rules and Regulations on the installation of skirting.
2. Entrenching the mobile home to a depth equal to the height of the undercarriage. Any such entrenching shall have provisions for drainage approved by the City Engineer and shall be constructed in conformance with the State Mobile Housing Division Rules and Regulations.
J.��������� Expansion Or Alteration: Any existing MHP desiring to expand its area shall do so in accordance with the provisions of this Title. (Ord. 1998-07, 10-6-1998)
A special use permit is required for all RVP developments and is intended to provide for the development of recreational vehicle parks at standards consistent with the health, safety, and welfare of the community. RVPs are permitted by special use permit in the following districts: C-2 and M-1. "Recreational vehicles", as defined in Section
A.������� General Requirements:
1. Access: Recreational vehicle parks shall abut and access from one of the following:
����������� Freeway
����������� Major arterial street
����������� Minor arterial street
2. Utilities: Water, sewer, electricity, telephone, and other necessary utilities shall be available at the RVP and placement shall be approved by the Community Development Department.
3. Driveways: Driveways shall be designed to increase ease of access, increase privacy, and provide safety, and placement shall be approved by the Community Development Department. The density of spaces in any recreational vehicle park shall not exceed twenty (20) spaces per acre.
B.�������� Development Standards:
1. There shall be fourteen feet (14') between the sides of all recreational vehicles and eight feet (8') between the backs of all recreational vehicles.
2. No recreational vehicles shall be closer than eight feet (8') to any private access way.
3. Spaces for recreational vehicles shall be a minimum of one thousand two hundred (1,200) square feet.
4. No recreational vehicles shall be closer than twenty feet (20') to any building.
5. No structure shall exceed thirty five feet (35') in height.
6. A landscaping concept shall be approved by the Community Development Department for all areas not covered by structures or paved.
7. Screening the perimeter of a recreational vehicle park by a wall and/or other approved landscaping material shall be required.
8. Private access ways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.
9. Interior streets shall be a minimum of twenty seven feet (27') in width and paved with asphalt, concrete, or crushed rock.
10. Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible.
11. There shall be an active, usable recreational area for tenants, comprising five percent (5%) of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities.
12. There shall be a community building or buildings that shall provide for the recreational and service needs of occupants of the recreational vehicle park. It shall include restrooms, showers, and a laundry. No dry cleaning shall be permitted in the RV park. The community building or buildings may not be included as part of the required recreational area.
13. Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all City health regulations, and shall be screened and designed to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.
14. Lighting shall be provided to illuminate access ways and walkways for the safe movement of vehicles and pedestrians at night. (Ord. 1998-07, 10-6-1998)
15. A means of emptying sewage holding tanks shall be provided and approved by the State Health Department. (Ord. 1998-07, 10-6-1998; amd. 2000 Code)
16. Expansion of existing recreational vehicle parks shall be in accordance with provisions of this Section.
17. One mobile home may be placed in the RVP for use by a caretaker. (Ord. 1998-07, 10-6-1998)
CHAPTER 11
SUPPLEMENTARY DISTRICT REGULATIONS
The following restrictions set forth in this Chapter shall apply in all zoning districts provided for in this Title. (Ord. 1985-03, 4-16-1985)
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten feet (10') above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty feet (50') from the point of the intersection. (Ord. 1985-03, 4-16-1985)
Notwithstanding any other provisions of this Title, fences, walls, and hedges are permitted around any RE Rural Estate, R-1 Single-Family Residential, TC Single-Family Townhouse and Condominium, MR Mixed Residential, or MF Multi-Family Residential required yard, or along the edge of any yard; provided, that no fence, wall or hedge along the sides or front edge of any front yard shall be over two and one-half feet (2 1/2') in height; and provided, that such fences, walls and hedges shall not be constructed of chain link, wire or other metal materials or plastic and shall not be penetrable by light. Notwithstanding any other provisions of this Title, fences, walls and hedges are permitted around any C-1 Light Commercial, C-2 General Commercial, M-1 Light Industrial, and M-2 Heavy Industrial Zones required storage or parking areas; provided, that no fence, wall or hedge along the sides or front or back edge of any storage or parking areas shall be over six feet (6') in height; and provided, that such fences, walls and hedges shall not be constructed of chain link, wire or other metal materials or plastic and shall not be penetrable by light. (Ord. 1987-03,
No accessory building shall be erected in any required front yard, and no separate accessory building shall be erected within five feet (5') of any property line or required easement, and in no case shall be within ten feet (10') of any other building or structure. (Ord. 1989-04, 6-7-1989)
More than one structure housing a permitted or permissible principal use may be erected on a single lot if yard and other requirements of this Title are met for each structure as though it were on an individual lot. (Ord. 1985-03, 4-16-1985)
The height restrictions contained in Chapters 5 through 8 of this Title do not apply to ordinary and necessary spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 1985-03, 4-16-1985)
Every building hereafter erected or moved shall be on a lot adjacent to and with vehicular access to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection, and required off-street parking. (Ord. 1985-03, 4-16-1985)
No major recreational equipment shall be parked or stored on any lot in a residentially zoned district except in a carport, enclosed building, or in a required rear yard; provided, however, that such equipment may be parked anywhere on a residential premises for a period not to exceed twenty four (24) hours during loading and unloading operations. No major recreational equipment shall be attached to public utilities, parked for living, sleeping or housekeeping purposes when parked or stored on a residentially zoned lot or any location not designated for that purpose. (Ord. 1989-04, 6-7-1989)
Automotive vehicles or trailers of any kind or type without current license plates or in inoperable condition shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. (Ord. 1985-03, 4-16-1985)
A.������� Wrecking Or Junkyards; Enclosure: Any wrecking or junkyard including those existing prior to adoption of this Title shall have constructed a complete surrounding solid wall or fence at least ten feet (10') high which shall hide from public view the wrecking or junkyard premises. Wire or chain link fences are prohibited.
B.�������� Mobile Homes; Skirting: Any mobile home permanently placed and no matter what size shall be skirted, be it a mobile home placed prior to or after the adoption of this Title. (Ord. 1985-03, 4-16-1985)
Exterior walls of all buildings and improvements on residentially zoned lots or locations shall be constructed of masonry, adobe, frame stucco, shingles, or wood siding. The roof of all buildings and improvements shall be surfaced with tile, gravel, shingles or other permanent type construction material. (Ord. 1989-04, 6-7-1989)
A.������� Materials: No residence or other building or improvements on any residentially zoned lot or location shall be constructed of "boxed" or "sheet metal" construction except for modern "mobile homes" as defined in Section
B.�������� Structures: No tent, shack, or barn shall be erected, placed or permitted to remain on any lot in any residentially zoned lot or location except as allowed in the RE Rural Estate Zone restrictions. (Ord. 1989-04, 6-7-1989)
All water and sewer improvements, systems, and fixtures shall be connected to the public utilities and all lavatories, toilets, bath facilities, and kitchen facilities shall be built indoors and constructed to comply with the State and local health authority regulations and all applicable codes. Under no circumstances shall the erection or use of outside toilet facilities be allowed. (Ord. 1989-04, 6-7-1989)
A.������� Animals And Fowl: No residentially zoned lot or location shall be used for the purpose of raising hogs, goats, sheep, rabbits, horses, cattle, fowl, mules of other animals except as allowed by RE Rural Estate Zone District regulations. The occupant of each residential lot may, however, keep domestic animals.
B.�������� Commercial Dog Kennel: No commercial dog kennel shall be erected or maintained on any residentially zoned lot or location except as allowed by zone district regulations of this Title. (Ord. 1989-04, 6-7-1989)
No public nuisance or offensive, noisy, or illegal trade, calling or act shall be enacted, suffered, or permitted in any portion of the City. (Ord. 1989-04, 6-7-1989)
No building, structure, improvement, or any part thereof shall be constructed or permitted to extend over or encroach upon any street, easement, public right of way, property line or required building setback. (Ord. 1989-04, 6-7-1989)
A.������� Easements; Ordinance Restrictions: All grants, sales, leases, and conveyances of lots and locations shall be subject to the street and utility easements of record at the time of the sale, grant, lease or conveyance and shall be further subject the allowances and restrictions of this Title. Any individual, corporation, or agent of any individual or corporation proceeding as grantor, seller, lessor, or conveyor of any lots, locations, or real property shall disclose to the grantee, buyer, lessee, or receiver, prior to the execution of the grant, sale, lease, or conveyance the following information:
1. A legal description of the property.
2. The zone district classification of the property.
3. All pertinent zone district regulations of the actual property noting all allowances and restrictions on the property as mandated by this Title, as amended, and by Title 5, Chapter 1, Article F of this Code.
B.�������� Oral Presentation; Accompanying Documents: Such disclosure shall be orally presented to the grantee, buyer, lessee, or receiver in the first language of the grantee, buyer, lessee, or receiver and shall be accompanied by direct copies of the referenced ordinances. (Ord. 1989-04, 6-7-1989)
No oil drilling, oil development operations, quarrying or mining shall be permitted or allowed on any lot or location not specifically established as permissible by this Title. (Ord. 1989-04, 6-7-1989)
All structures, buildings, and improvements shall be in compliance with applicable code requirements of
CHAPTER 12
NONCONFORMING USES, STRUCTURES AND LAND
A.������� Preexisting Conditions: Within the districts established by this Title, or amendments that may later be adopted, there exist:
1. Lots;
2. Structures;
3. Uses of land and structures; and
4. Characteristics of use
which were lawful before this Title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Title or future amendment. It is the intent of this Title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is not the intent of this Title to authorize, and this Title shall not be construed to authorize, uses which constitute public or private nuisances or are otherwise prohibited by law or regulations.
B.�������� Limitations: Nonconforming uses are declared by this Title to be incompatible with, or not within the meaning of, permitted uses in the district in which located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Title by attachment or additions on a building or premises or by placement of additional signs intended to be seen from off the premises or by the addition of other uses, of a nature which would not be permitted generally in the district involved.
C.������� Avoid Undue Hardship: To avoid undue hardship, nothing in this Title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Title and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. 1985-03, 4-16-1985)
A.������� Dwellings And
B.�������� Lots And Parcels: If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Title, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Title. (Ord. 1985-03, 4-16-1985)
Where at the time of passage of this Title, lawful use of land exists which would not be permitted by the regulations imposed by this Title, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided:
A.������� No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Title.
B.�������� No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Title.
C.������� If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Title for the district in which such land is located.
D.������� No additional structure not conforming to the requirements of this Title shall be erected in connection with such nonconforming use of land. (Ord. 1985-03, 4-16-1985)
Where a lawful structure exists at the effective date of adoption of this Title that could not be built under the terms of this Title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.������� No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
B.�������� Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Title.
C.������� Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 1985-03, 4-16-1985)
If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.������� No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B.�������� Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Title, but no such use shall be extended to occupy any land outside such building.
C.������� If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use; provided, that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Title.
D.������� Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E.�������� When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
F.�������� Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction. (Ord. 1985-03, 4-16-1985)
A.������� On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be; provided, that the enclosed area existing when it became nonconforming shall not be increased.
B.�������� If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
C.������� Nothing in this Title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, if such official so orders the strengthening or restoring. (Ord. 1985-03, 4-16-1985)
Any use which is permitted as a special exception or a variance from the terms of this Title (other than a change through Board of Adjustment action from a nonconforming use to another nonconforming use), shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use. (Ord. 1985-03, 4-16-1985)
CHAPTER 13
OFF-STREET PARKING AND LOADING
The following minimum number of off-street parking spaces are required for the following uses in all districts:
Type Of Use��� Parking Space Required
A.������� Dwellings:
Single-family dwelling unit�������� 2 spaces per dwelling
Two-family dwelling unit���������� 2 spaces per dwelling
Multiple-family dwelling unit����� 1.5 spaces per dwelling
Rooming houses���������� 0.5 space per dwelling
Boarding houses���������� 0.7 space per living unit
B.�������� Public And Semi-Public Educational And Institutional Uses:
Auditoriums����� 1 space per 100 square feet of net leasable area
Churches��������� 1 space for 4 seats
Daycare facilities���������� 2 spaces plus 1 additional space for each 10 children
Elementary and junior high
schools 1 space for each classroom, workshop, laboratory or office plus 1 space
����������������������������������� �per 200 square feet of auditorium, gymnasium and cafeteria
Libraries or museums��� 1 space per 250 square feet of net leasable area
Municipal neighborhood,
community buildings����� 1 space per 250 square feet of net leasable area
Public buildings other than
elementary and high schools����� 1 space per 250 square feet of net leasable area
Senior high school�������� 4 spaces for each classroom, workshop, laboratory or office plus 1 space
����������������������������������� per 200 square feet of auditorium, gymnasium and cafeteria
C.������� Recreational And Entertainment:
Bowling alley��� 5 spaces per lane
Gymnasiums, stadiums, field
houses, grandstands, and related
facilities����������� 1 each per 4 seats or spectator spaces
�Hospital, medical center, other
treatment facility����������� 1 space per each 2 beds, plus the number required, based on square feet
����������������������������������� measurement for office, clinic, testing, research, administrative, teaching and
����������������������������������� similar activities associated with the principal use, at 1 space per each 350 square feet
����������������������������������� of net leasable area except for teaching facilities which shall be 1 per each 4 seats
Medical offices 1 space per 200 square feet of net leasable area
Nursing homes, sanitariums,
convalescent homes, institutions
for care of aged, children, etc.�� 1 space per each 2 beds
Parks, athletic fields, tennis and
pool facilities, golf courses, etc. As determined by the Planning and Zoning Commission
Public gatherings (general) for
uses involving public assembly
of groups of people for whatever
reason� 1 space per each 4 seats, based on total capacity
Recreational and community
center buildings, recreation
clubs, related uses�������� As determined by the Planning and Zoning Commission
Recreational buildings (enclosed),
specialized facilities and related
uses����������������� As determined by the Planning and Zoning Commission
�Theater����������� 1 space per each 3 seats
D.������� Commercial Uses, General:
Parking requirements for the following uses shall meet minimum design standards accepted by the New Mexico Professional Engineers Design Standards:
����������� Art galleries
����������� Automobile service station and garage for minor repair
����������� Barbershops
����������� Beauty shops
����������� Bicycle sales and repair
����������� Blueprinting and photocopying
����������� Business machine sales and service
����������� Carpet stores
����������� Currency exchanges
����������� Drug stores
����������� Dry cleaning establishments
����������� Florist shops
����������� Food stores
����������� Fraternal organizations
����������� Funeral parlors
����������� Furniture stores
����������� Garden supply and nursery
����������� General merchandise and appliance stores
����������� General repair shops, e.g., electrical
����������� Gift shops
����������� Hardware stores
����������� Interior decorators
����������� Liquor stores
����������� Merchandise stores, (other specific), e.g., draperies, fireplaces, glass, greeting cards, jewelry
����������� Opticians or optometrists
����������� Paint and wallpaper stores
����������� Physical culture and health salons
����������� Post offices
����������� Private clubs
����������� Private schools of instruction, e.g., music, karate
����������� Radio and television service and repair shops
����������� Restaurants
����������� Sporting goods stores
����������� Transportation terminals����������� 1 per each 200 square feet of net leasable area
E.�������� Commercial Uses, Specific Requirements:
Auto and junkyards����� 1 space per 1,700 square feet of land and building area
Auto sales, new and used��������� 1 space per 200 square feet of building area including repair shop minus area used for displaying cars
Drive-in banks� ����������� 1 space per 350 square feet of net leasable area plus 1 space per 30 square feet of
drive-in teller space, plus customer drive-in spaces as determined by the Planning and Zoning Commission
Drive-in eating and drinking
establishments�� 1 space per 30 square feet with a 10 space minimum
Eating and drinking establishments�������� 1 space per 50 square feet of serving area
Home occupation36���� 1 space per 200 square feet for area used for home occupation purposes
�Hotel and motel���������� 1 space per rental unit
Industrial uses and
industrial parks (other)� As determined by the Planning and Zoning Commission
Industrial uses, specific
warehouse and distribution������� 1 space per 500 square feet of net leasable area
Mini warehouses���������� 1 space per 10 storage areas
Neighborhood groceries and
laundromats����� 1 space per 400 square feet of net leasable area
Office uses������ 1 space per 350 square feet of net leasable area
Shopping centers��������� 5 spaces per 1,000 square feet of net leasable area
(Ord. 1985-03, 4-16-1985; amd. 2000 Code)
The following minimum loading and unloading requirements shall be complied with in all districts:
A.������� Loading areas shall be paved in conformance with paving requirements specified in off-street parking standards.
B.�������� All permitted or permissible uses requiring loading space for normal operations shall provide adequate loading space so that no vehicle being loaded or unloaded in connection with normal operation shall stand in or project into any public street, walk, alleyway, required front yard or common ingress-egress easement.
C.������� Adequate off-street loading facilities shall be separated and not considered to be a part of required off-street parking facilities. (Ord. 1985-03, 4-16-1985)
CHAPTER 14
SIGNS
This Chapter shall be entitled THE SUNLAND PARK SIGN CODE hereinafter referred to as "this Chapter". (Ord. 1999-03, 3-2-1999)
A.������� Purpose: The purpose of this Chapter is to permit signs that will not, by their size, location, or construction endanger the public health and safety of individuals, or confuse, mislead, or obstruct the vision necessary for traffic safety. Furthermore, it is the purpose of this Chapter to maintain property values and to create a more aesthetically pleasing community, through the preservation of the natural beauty and environment of Sunland Park, by preventing the over-concentration, improper placement, and density of signs, but keeping in mind the importance of signage to the business community, and vital element it is to the free enterprise system.
B.�������� Scope: The provisions of this Chapter shall apply to all "signs", as the term is defined in Section
(See Appendix 2, Section
ABANDONED SIGN: An on- or off-premises sign which no longer directs, promotes, or advertises a bona fide business, lessee, owner, product, or activity conducted, or product or service available on the premises where such sign(s) is displayed.
ACCESSORY USE SIGN: Any sign which is printed on or included in the design of any object which cannot be constructed as being a building or freestanding sign.
ADVERTISING: The action of calling something to the attention of the public by verbal or visual presentation.
ATTACHED SIGN: Any sign which is fastened to, connected to, or painted on, and wholly or partially supported by a building.
AWNING: A hood or cover which projects from the wall of a building and is composed of rigid or nonrigid materials.
AWNING SIGN: A sign which is fastened to or painted on an awning.
BANNER: A sign composed of lightweight, flexible material on which letters, symbols or pictures are painted or printed.
BENCH SIGN: Any sign affixed to or printed on a functional bench.
BILLBOARD: An off-premises sign directing attention to a business, activity, commodity, service, entertainment, or communication, none of which may be conducted, sold or offered on the premises where the billboard is located.
BONUS: An allowance for additional sign area as an incentive to reduce the legal height permitted, or to remove nonconforming signs.
BUSINESS/SERVICE CENTER: A group for two (2) or more businesses planned, constructed, owned and managed independently or as a total entity, which share access, parking, or landscaping.
CANOPY (OR MARQUEE): A permanent roof-like shelter extending from part or all of a building or independent of a building.
CANOPY SIGN: A sign attached to or painted on a canopy.
CITY: The City of
CLEAR-SIGHT TRIANGLE: A triangular area of unobstructed vision at street intersections and at curb cut entrances and exits.
CODES: Any other applicable City, State, or Federal codes.
COLLECTOR STREET:
CONSTRUCTION/RENOVATION SIGN: Any temporary sign erected on the premises where construction/renovation is taking place and indicating the names of the architects, engineers, landscape architects, financial institutions, contractors or similar artisans, and the owners, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
COPY: The verbal, visual or pictorial portion of any sign.
CORPORATE: Pertaining to any organization incorporated pursuant to a law.
DECORATIONS: Any display which calls attention to a community organized event or to a State or national holiday.
DEVELOPMENT IDENTIFICATION SIGN: A permanent sign installed or constructed at the entrance/exit to a residential or commercial development to identify the development name and logo only.
DIRECTIONAL SIGN: Any sign erected for the convenience of the public, such as the directing traffic movement, parking or identifying restrooms, public telephones, walkways and/or other similar features or facilities, and bearing no advertising message (excluding those erected by the United States Department of Transportation and the
FLAG/DECORATIVE: Any rectangular display constructed of lightweight material having no logo or advertising message printed or printed on it.
FREESTANDING SIGN: Any sign attached to, or supported from the ground, and not attached to a building.
GARAGE SALE SIGN: See definition of Private Sale or Event Sign.
GATE ENTRANCE SIGN: Any sign installed or constructed over the entrance to the premises in specific zoning districts as described herein.
GOVERNMENT SIGN: Any sign erected by any City, County, State or Federal agency or its designee, setting forth information pursuant to law.
GROUND SIGN: Any sign which is attached to either the ground or to a footing set flush with the ground.
HOUSE OR BUILDING SIGN OR NAMEPLATE: A sign limited to identifying the street name, building or property number, and/or the name of the owner or occupant of the building or property.
ILLUMINATED SIGN: Any sign which is lighted internally, externally or by lights directed towards the sign by any light source.
INFORMATION SIGN: Any sign whose purpose is to indicate a business, hours of operation or similar identification information.
LEGAL NOTICES: Any sign required by law or pursuant to a court order.
LOCAL STREET:
LOGO: An identifying symbol used for advertising purposes.
MAINTENANCE: The total upkeep of a sign; structurally and electrically, in terms of safety, and cosmetically, in terms of visual attractiveness.
MAJOR ARTERIAL:
MARQUEE (OR CANOPY): See definition of Canopy.
MARQUEE SIGN: A sign attached to, mounted on or painted on a marquee.
MINOR ARTERIAL:
MODEL COMPLEX SIGN: Any sign located on a complex site, limited in time until the complex ceases to be a model complex.
MURAL: A picture or graphic illustration applied directly to a wall of a building or structure which does not advertise or promote a particular business, service or product.
NATIONAL, STATE AND CORPORATE FLAGS: Any rectangular display constructed of lightweight material used to identify a nation, state or corporation.
NONCONFORMING SIGN: Any sign legally erected and permitted in compliance with codes at the time it was erected and permitted, but which does not conform to correct codes or this Chapter.
OFF-PREMISES SIGN: Sign which advertises or directs attention to a business, product, service or activity which is not available on the premises where the sign is located.
ON-PREMISES SIGN: Sign which advertises or directs attention to a business, product, service or activity which is available on the premises where the sign is located.
PENNANT: A display made of a lightweight material which tapers to a point, having no logo or advertising message printed on it.
PERSON: An individual, company, corporation, partnership, association or any other entity.
POINT-OF-SALE SIGN: Any sign which is located or attached directly to the product to be sold.
POLE SIGN: Any sign whose primary means of support is one or more poles set into a concrete footing, located at or below ground level.
POLITICAL SIGN: A sign pertaining to any national, State or local election.
PORTABLE SIGN: A freestanding sign not permanently affixed, anchored or secured to the ground or the building, which may be rolled or moved about.
PRIVATE
PRODUCT IDENTIFICATION SIGN: Any sign used to identify the supplier/contractor of the construction product being used.
PROHIBITED SIGN: Any sign not expressly permitted within this Chapter, or any sign which is specifically prohibited in this Chapter (see Section
PROMOTIONAL DISPLAY (COMMERCIAL): Special advertising for grand openings, anniversaries, special or seasonal events, and which is for a limited time, in addition to the legal signage permitted.
PROMOTIONAL DISPLAY (RESIDENTIAL): Special advertising using pennants, flags, streamers, banners, open house signs and other similar signs, the duration of an open house or similar showing.
REAL ESTATE BROKER IDENTIFICATION SIGN: A sign used at a broker's residence for identification purposes as prescribed by State law.
REAL ESTATE DIRECTIONAL SIGN: A sign which advertises or directs attention to real property or properties not available on the premises where the sign is located.
REAL ESTATE SIGN: A sign intended to advertise the financing, development, sale, transfer, lease, exchange or rent of real property or properties.
ROOF SIGN: Any sign which is attached to the roof of a building or structure.
SETBACKS: The distances required from the property line or from other buildings/structures or businesses.
SHOPPING CENTER: A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
SIGN: Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, attachment or placing of a structure or object on any land, or on any other structure, or produced by painting on, posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.
SPECIAL USE SIGN: Any sign intended for use by establishments requiring a special use permit pursuant to the this Title.
SPECTACULAR SIGN: Any sign which oscillates, rotates, flashes, varies in intensity or in color, or automatically changes advertising, or is animated or equipped with a glaring or rotating strobe light, or with spot lights.
STREAMERS: A display made of light, flexible material, consisting of long, narrow, wavy strips having no logo or advertising message printed or painted on them.
STRUCTURAL REQUIREMENTS: The safety standards which apply to those signs which are governed by the requirements in the Uniform Building Code and other companion documents.
TEMPERATURE/TIME/DATE SIGN: Any sign with the purpose of displaying the temperature, time, date and/or logo/name.
TEMPORARY SIGN: Any sign intended for a limited period of display.
TOTAL FRONT FOOTAGE: The total length of a property fronting on any side of a public street, or the total length of a building on which a sign is allowed.
TRADEMARK/LABEL/NAME: Identification applied or attached to each permitted sign to designate the manufacturer and installer.
UNLAWFUL SIGN: Any sign ever erected which does not have a valid permit, or after erection, did not comply with all the applicable provisions of the permit under which it was constructed and erected, or did not comply with all provisions of codes, or which did not meet the necessary requirements to be considered nonconforming.
UNLICENSED COMMERCIAL SIGN: Any sign erected by an individual, group, organization or club for fundraising or other monetary gain.
UNSAFE SIGN: Any sign identified by the Sign Administrator or his/her designee as being improperly constructed and installed, erected or secured, thereby subject to falling and creating a safety hazard, with supported findings.
VARIANCE: An authorization granted to a property owner to depart from the numerical requirements of the zoning regulations (as applied here, the sign regulations).
VEHICLE SIGN: A sign painted on or attached to either a vehicle, or a trailer designed to be pulled behind a motorized vehicle, which relates to a business, activity, use, service or product.
WALL SIGN: Any sign affixed to or painted upon the wall of any building.
WINDOW SIGN: Any sign that is applied or attached to the exterior or interior of a window or a window frame. (Ord. 1999-03, 3-2-1999; amd. 2000 Code)
A.������� General Conditions:
1. Accessory Use Sign:
a. The primary purpose of the sign must be corporate/business identification and not advertising per se.
b. The object into which the sign is incorporated must serve a functional purpose, and be an item which is normally associated with the type of business or enterprise for which it is being used.
2. Attached Sign: No attached sign shall extend beyond the highest point of a roof line, or project beyond the edge of a wall.
3. Decorations: Any display shall be removed no later than five (5) days after the event/holiday.
4. Development Identification Sign (Permanent):
a. Maximum sign area shall not exceed thirty two (32) square feet.
b. Maximum height shall not exceed ten feet (10').
c. Sign may be placed in the public right of way, provided prior approval has been granted by City Council.
d. This sign may be used in addition to any other freestanding sign allowed pursuant to this Chapter.
5. Directional Sign: Directional signs visible from the public right of way (i.e., entrance/exit) shall not exceed six (6) square feet in sign area and four feet (4') in height.
6. Flags:
a. Displays incorporating the identification of a nation, state or corporation shall follow accepted flag protocol. Only one corporate flag will be allowed per lot.
b. Displays used to serve as decoration (exclusive of decorations used in fiestas, community-wide festivals or national holidays) shall have no logo or advertising message printed or painted on them. These may be used in addition to the regular signage allowed per business.
7. Freestanding Sign: All signs classified as freestanding are limited to locations along street segments meeting specific zoning criteria further defined elsewhere in this Chapter.
8. Gate Entrance Sign:
a. Said sign may identify the owner, resident or name of a certain parcel of property (i.e., John Doe Ranch, etc.).
b. Total sign height (including poles) shall not exceed twenty feet (20'). The sign face itself shall not exceed three feet (3') in height and thirty feet (30') in width.
9. Information Sign: Signs visible from the public right of way shall have a maximum size of four (4) square feet in sign area.
10. Legal Notices: The signs are exempt from the requirements of this Chapter, however, they must comply with provisions from the clear-sight triangle.
11. Pennant: These displays may be used in addition to the regular signage allowed per business.
12. Point-Of-Sale Sign:
a. This sign shall limit its advertisement to the product, its price, and/or its manufacturer.
b. The cumulative sign area for these signs shall not exceed twenty (20) square feet.
c. Each sign shall be no larger than two (2) square feet in sign area.
13. Portable Sign:
a. Portable signs, although not incorporating a permanent footing in their design, shall be securely anchored to the ground to prevent overturning in high winds.
b. Portable signs shall be placed on level ground only or leveled during setup.
c. Portable signs shall for purposes of this Chapter be subject to all on-premises provisions governing freestanding signs.
14. Product Identification Sign: Sign shall be placed on the structure and shall not exceed one-third (1/3) square foot in sign area.
15. Real Estate Broker Identification Sign: Sign area shall not exceed two (2) square feet.
16. Special Use Sign:
a. The maximum number of signs allowed for each location shall be limited to one freestanding sign and one attached sign.
b. Height requirements are established in Appendix 1, Section
c. Examples where the aforementioned sign requirements would apply include cemeteries located within R-1 Zones.
d. In case where special use permits are granted pursuant to this Title, the aforementioned requirements shall apply.
Exception: In the event that a special use permit is granted for a location within a zone designation (i.e., C-2, M-1) that allows greater signage, the requirements specific to that zone shall apply.
17. Streamers: These displays may be used in addition to the regular signage allowed per business.
18. Wall Sign: No wall sign may extend more than twelve inches (12") (depth) out from the wall to which it is attached.
19. Window Sign:
a. Permanent window signs may be substituted for wall signage with a corresponding reduction of wall signage.
b. A window sign does not include merchandise or models of products or services incorporated in a window display.
B.�������� Residential Zones (RE, R-1, TC, MR, MF): The following sign types are permitted: development identification sign, directional sign, garage sale sign, government sign, house or building sign or nameplate, legal notices, model complex sign, national, State and corporal flags, political sign, private sale or event sign, real estate broker identification sign, real estate sign, and a special use sign (pursuant to requirements stated elsewhere in this Chapter).
C.������� Residential Zones (R-1); Signs For Professional Offices: Attached signage shall adhere to the following: one square foot of signage for each linear foot of the building's exterior wall. Said wall shall front on a dedicated public street. The sign(s) shall be placed on the side of the building used to calculate the square footage of the sign. Only wall signs will be permitted.
D.������� Agricultural Zones (A-1, A-2); Permitted Signs:
1. One freestanding sign, one attached sign or combination of both shall be permitted for advertising purposes only. In no event shall the total square footage of both signs exceed thirty two (32) square feet in sign area.
2. Sign types allowed include: development identification sign, directional sign, flags/decorative, garage sale sign, government sign, house or building sign or nameplate, legal notices, national, State and corporate flags, point-of-sale sign, political sign, private sale or event sign, real estate broker identification sign, real estate sign, and a special use sign (pursuant to requirements stated elsewhere in this Chapter).
E.�������� General Commercial Zones (C-1, C-2):
1. Attached Sign: One and one-half (1 1/2) square feet of signage for each linear foot of exterior wall. The sign(s) shall be placed on the side of the building used to calculate the square footage of the sign. The following are considered attached signs: awning/canopy/marquee signs, banners, roof signs, window signs and wall signs. These attached signs are subject to the design standards of all applicable codes.
2. Freestanding Signage: These signs must comply with the following conditions:
a. Locations which permit freestanding signs are determined by zoning districts along specific segments of streets. When the percentage of the office, commercial and/or industrial zoning equals or exceeds sixty percent (60%) of the total street frontage for that segment, all criteria governing freestanding signs shall apply. When the percentage is less than sixty percent (60%), the maximum height of freestanding signs shall be twelve feet (12'), unless a more restrictive height limitation is mentioned elsewhere in this Chapter, in which case the more restrictive height limitation shall apply.
b. Maximum height and minimum setbacks for freestanding signs are determined by street classification. See Appendix 1, Development Standards, Section
c. Individual freestanding signs shall be limited to those businesses which own direct, unobstructed (on-site) access to the public street.
d. Frontage on a controlled access public street, where under normal conditions a driveway permit would not be granted to that business, shall not be included in the calculation for freestanding signage.
e. Size of freestanding signs are determined as follows:
Linear Street Frontage� Size Allowed
0 - 100 feet����� 100 square feet
101 - 300 feet� 150 square feet
301 - 600 feet� 200 square feet
>600 feet�������� 200 square feet
On lots with more than one street frontage, only a street frontage shall be used to calculate the permitted sign size, height, and number of signs.
f. Number of freestanding signs is limited to one per lot, except where the frontage of the lot exceeds six hundred (600) linear feet. For those lots, two (2) freestanding signs are permitted, provided there is a minimum distance of two hundred feet (200') between the signs.
F.�������� Manufacturing Zones (M-1, M-2):
1. Attached Signage: One and one-half (1 1/2) square feet of signage for each linear foot of exterior wall. The sign(s) shall be placed on the side of the building used to calculate the square footage of the sign. The following are considered attached signs: awning/canopy/marquee signs, banners, roof signs, window signs and wall signs. The attached signs are subject to the design standards of all applicable codes.
2. Freestanding Signage: These signs must comply with the following conditions:
a. Locations which permit freestanding signs are determined by zoning districts along specific segments of streets. When the percentage of office, commercial and/or industrial zoning equals or exceeds sixty percent (60%) of the total street frontage for that segment, all criteria governing freestanding signs shall apply. When the percentage is less than sixty percent (60%), the maximum height of freestanding signs shall be twelve feet (12'), unless a more restrictive height limitation is mentioned elsewhere in this Chapter, in which case the more restrictive height limitation shall apply.
b. Maximum height and minimum setbacks for freestanding signs are determined by street classification. See Appendix 1, Development Standards, Section
c. Individual freestanding signs shall be limited to those businesses which own direct, obstructed (on-site) access to the public street.
d. Frontage on a controlled access public street, where under normal conditions a driveway permit would not be granted to that business, shall not be included in the calculation of freestanding signage.
e. Size of freestanding signs are determined as follows:
Linear Street Frontage� Size Allowed
0 - 100 feet����� 100 square feet
101 - 300 feet� 150 square feet
301 - 600 feet� 200 square feet
>600 feet�������� 200 square feet
(see subsection G2f of this Section)
On lots with more than one street frontage, only one street frontage shall be used to calculate the permitted sign size, height and number of signs.
f. Number of freestanding signs is limited to one per lot, except where the frontage of the lot exceeds six hundred (600) linear feet. For those lots, two (2) freestanding signs are permitted, provided there is a minimum distance of two hundred feet (200') between the signs.
G.������� Business Centers (Various Zones):
1. Attached Signage: One and one-half (1 1/2) square feet of signage for each linear foot of exterior wall, provided that any business shall be allowed a minimum of one hundred (100) square feet of signage. The sign(s) shall be placed on the side of the building used to calculate the square footage of the sign. The following are considered attached sign: awning/canopy/marquee signs, banners, roof signs, window signs and wall signs. These attached signs are subject to the design standards of all applicable codes.
2. Freestanding Signage: These signs must comply with the following conditions:
a. Locations which permit freestanding signs are determined by zoning districts along specific segments of streets. When the percentage of office, commercial and/or industrial zoning equals or exceeds sixty percent (60%) of the total street frontage for that segment, all criteria governing freestanding signs shall apply. When the percentage is less than sixty percent (60%), the maximum height of freestanding signs shall be twelve feet (12'), unless a more restrictive height limitation is mentioned elsewhere in this Chapter, in which case the more restrictive height limitation shall apply.
b. Maximum height and minimum setbacks for freestanding signs are determined by street classification. See Appendix 1, Development Standards, Section
c. Individual freestanding signs shall be limited to those businesses which own direct, unobstructed (on-site) access to the public street.
d. Frontage on a controlled access public street, where under normal conditions a driveway permit would not be granted to that business, shall not be included in the calculation for freestanding signage.
e. Size of freestanding signs are determined as follows:
Linear Street Frontage� Size Allowed
0 - 100 feet����� 100 square feet
101 - 300 feet� 150 square feet
301 - 600 feet� 200 square feet
>600 feet�������� 200 square feet
(see subsection G2f of this Section)
On lots with more than one street frontage, only one street frontage shall be used to calculate the permitted sign size, height, and number of signs.
f. Number of freestanding signs is limited to one per lot, except where the frontage of the lot exceeds six hundred (600) linear feet. For those lots, two (2) freestanding signs are permitted, provided there is a minimum distance of two hundred feet (200') between the signs. (Ord. 1999-03, 3-2-1999)
A.������� Attached Signs: No attached signs shall be permitted.
B.�������� Bench Signs: With the approval the City Council, bus benches may be placed in the public right of way along bus routes or in areas frequented by pedestrians.
1. No commercial or political advertising shall be placed upon bus benches, except that benches donated by individuals or businesses may contain the inscription "donated by..." (with the name of the donor). The inscription shall be no higher than one inch (1") and no longer than eighteen inches (18").
2. Bus benches are exempt from the location provisions for freestanding signs only when they are located at designated bus stops.
3. The provision of subsection B of this Section shall not apply to any benches placed under the terms of any contract in effect on the date of passage of this Chapter.
C.������� Billboards:
1. General Location:
a. All billboards shall be located only in areas zoned C-2, M-1, or M-2 and only along streets designated as major arterials or interstate highways, Billboards shall not be located within any other zoning district.
b. Billboards must be located along street segments having a minimum of five percent (5%) office, commercial and/or industrial zoning.
c. No billboards will be erected within the downtown area as defined in Section
2. Total Sign Area, Spacing, Height, And Setbacks: Billboards shall be subject to the following requirements:
a. Billboards located along interstate highways shall not exceed four hundred (400) square feet of total sign area, shall be spaced a minimum of one thousand feet (1,000') apart measured radially and shall not exceed forty feet (40') in height measured from ground level.
b. Billboards located along major arterials shall not exceed three hundred (300) square feet of total sign area, shall be spaced a minimum of one thousand feet (1,000') apart measured radially and shall not exceed thirty feet (30') in height measured from ground level. There shall be a minimum clearance of fifteen feet (15') measured from the ground level to the bottom of the billboard face.
c. A maximum of two (2) faces, parallel back-to-back is permitted, provided both faces are of the same size and attached to the same pole(s) for support. Each face shall not advertise more than one message.
d. Billboards shall be supported by a maximum of two (2) upright poles.
e. Vertical or horizontal stacking of billboards is prohibited.
f. Billboards shall be setback a minimum of fifteen feet (15') from the property line fronting along major arterials and thirty feet (30') from the property line fronting along interstate highways. In each case there shall be a minimum of five feet (5') from all other property lines measured from said property lines measured from said property line to any portion of the billboard structure.
g. Billboards shall have a minimum sign area of seventy two (72) square feet.
D.������� Garage, Private Sale Or Event Sign:
1. Signs may be used to advertise any event listed above provided that the signs are not over three (3) square feet in sign area, and are used only during the duration of the event.
2. The person erecting the sign and/or the property owner at the sign location shall be responsible for the sign removal and all other requirements concerning signs.
E.�������� Government Signs:
1. Traffic-control and similar signs are exempt from all requirements of this Chapter.
2. Building identification signs and similar signs do not require permits, however they must meet the numerical requirements of this Chapter.
F.�������� Political Signs:
1. No individual sign shall exceed thirty two (32) square feet in sign area.
2. All political signs may be erected no sooner than ninety (90) days before the election to which they pertain and shall be removed within ten (10) days following same election.
3. Advertising on a duly permitted billboard shall be exempt from the size and time limits herein stated.
G.������� Vehicle Signs:
1. The vehicle is for sale and the purpose of the sign relates to its sale; or
2. The vehicle is placed and is for some purpose other than advertising; or
3. The vehicle is contributing to the legitimate purposes of the business for which it is used.
H.������� Athletic Field Signs:
1. Signs shall be permitted to be displayed on the inside of fences surrounding individual athletic fields (side facing the playing field).
2. Each sign shall not exceed thirty two (32) square feet in sign area.
3. The signs shall not be permitted to extend above or beyond the edges of the fence.
4. Freestanding signs and attached signs are not permitted. (Ord. 1999-03, 3-2-1999)
A.������� Construction/Renovation Signs: The signage shall not exceed sixty four (64) square feet in sign area, and shall not be erected until a building permit has been secured. The sign shall be removed no later than fourteen (14) days after the issuance of a certificate of occupancy or the building permit expires.
1. Signs less than sixteen (16) square feet in sign area do not require a sign permit and shall not be assessed a permit fee.
2. Signs which exceed sixteen (16) square feet in sign area require a sign permit and shall be assessed the applicable permit fee.
B.�������� Real Estate Signs:
1. Residentially-Zoned Lots Or Parcel:
a. Less than 1,000 acre: one sign per street frontage not to exceed four (4) square feet in sign area per sign. Sign(s) shall not exceed seven feet (7') in height.
b. 1.01 to 5.00 acres: one sign per street frontage not to exceed thirty two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.
c. 5.01 to 10.00 acres: two (2) signs not to exceed thirty two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.
d. Greater than 10.00 acres: three (3) signs not to exceed thirty two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.
2. All Other Zoned Lots Or Parcels:
a. Less than 1.00 acre: one sign per street frontage not to exceed sixteen (16) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.
b. 1.01 to 5.00 acres: one sign per street frontage not to exceed thirty two (32) square feet in sign area per sign. Sign(s) shall not exceed ten feet (10') in height.
c. 5.01 to 10.00 acres: two (2) signs not to exceed thirty two (32) square feet in sign area per sign. Sign(s) shall not exceed fifteen feet (15') in height.
d. Greater than 10.00 acres: three (3) signs not to exceed sixty four (64) square feet in sign area per sign or two (2) signs not to exceed one hundred twenty eight (128) square feet in sign area per sign. Sign(s) shall not exceed fifteen feet (15') in height.
3. Real Estate Directional Signs: These signs shall not exceed six (6) square feet in sign area.
4. Model Complex Signs: These signs shall be located on the project site and conform to the following requirements:
a. One sign per complex not to exceed thirty two (32) square feet in sign area.
b. One sign per model not to exceed four (4) square feet in sign area.
c. Signs are to be removed when the complex ceases to be a model home complex.
5. Removal Of Signs: Signs shall be removed seventy two (72) hours after closing of sale or lease of property.
6. Placement Near
7. Exception To Permit And Fee Requirements: Signs which do not exceed sixteen (16) square feet in sign area do not require a sign permit and shall not be assessed a permit fee.
8. Permit And Fee Required: Signs which exceed sixteen (16) square feet in sign area require a sign permit and shall be assessed the applicable permit fee.
C.������� Promotional Displays:
1. Commercial: In addition to authorized attached and freestanding signs, occasional events requiring special advertising shall be subject to the following conditions:
a. Each business shall be limited to one freestanding and three (3) attached signs. Each sign shall not exceed one hundred (100) square feet in size.
b. Displays incorporating balloons, streamers, flags and pennants will be permitted and are not limited to size and number.
c. Each business shall be allowed one permit for a grand opening display during its first six (6) months of operation. The permit for this display shall be for twenty (20) consecutive days.
d. Each business shall be allowed four (4) promotional displays during each calendar year. The permit for each of these displays shall be for ten (10) consecutive days.
e. Each business shall be allowed one bona fide going out of business display. The permit for this display shall be for sixty (60) consecutive days.
f. The applicant shall provide to the Sign Administrator the name and address of the business where the display is to be placed and the first day of the display. No portion of a display (i.e., structure or sign) shall be erected prior to the first day of the event as stated on the permit.
2. Residential: In the event of an open house or other similar showing, the following displays and conditions shall apply:
a. Displays incorporating pennants, flags, streamers, banners. Open house signs, welcome signs and other like signs will be allowed.
b. The sign display may be erected any time on the day prior to the event and must be removed within twenty four (24) hours following the event. (Ord. 1999-03, 3-2-1999)
Accessory use signs.
Change of copy on legally established signs.
Construction/renovation signs (those not exceeding 16 square feet in sign area).
Decorations for national holidays or community-wide festivals and fiestas.
Directional signs.
Flags/decorations.
Garage sale signs.
Government signs.
House of building signs or nameplates.
Information signs.
Legal notices.
Model complex signs (those not exceeding 16 square feet in sign area).
National, State and corporate flags following accepted flag protocol.
Pennants.
Point-of-sale signs.
Political signs (except billboards).
Private sale or event signs.
Product identification signs.
Promotional displays - residential.
Railroad signs.
Real estate broker identification signs.
Real estate directional signs.
Real estate signs (those not exceeding 16 square feet in sign area).
Streamers.
Vehicle signs. (Ord. 1999-03, 3-2-1999)
A.������� Any sign not expressly permitted within this Chapter is prohibited.
B.�������� A sign placed or painted on any motor vehicle, recreational vehicle, trailer or other movable device that reasonably indicates the use of such vehicle, trailer or device as a sign is prohibited, This includes the parking of such vehicle, trailer or device in such a manner as to constitute a sign. This does not include vehicles, etc., used in the course of normal business activities.
C.������� A flashing, rotating or animated sign, or a sign with intermittent or varying intensity of illumination, whether deliberate or resulting from a defect in the sign or light source.
D.������� Any sign constructed to resemble any official marker or sign normally erected by City, State or Federal Government agency or a sign using words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.
E.�������� A sign advertising activities that are illegal according to Federal or State laws, rules or regulations and County or City ordinances or resolutions.
F.�������� Any sign erected on, attached to or painted on retaining walls, fences, rocks of natural features. This prohibition shall not include development identification signs placed on walls used for landscaping purposes.
G.������� Any sign illegally placed, constructed or maintained. (Ord. 1999-03, 3-2-1999)
A.������� Calculation Of Sign Area:
1. There shall be no administrative variances issued for any provision addressed in this Chapter.
2. The area of a freestanding sign is measured by determining the sign area of all sides that are visible from any one vantage point, except only one side of a sign shall be measured if the two (2) sides are back to back or separated by an angle of forty five degrees (45�) or less. If the two (2) sides are not of equal size, the larger side shall be measured.
B.�������� Variances: There shall be no administrative variances issued for any provision addressed in this Chapter.
C.������� Structural Requirements:
1. All signs shall conform to the structural design requirements set forth in the Uniform Building Code and companion documents.
2. Sign permit applications for freestanding signs exceeding twenty feet (20') in height measured from ground level, shall be accompanied by an engineer's design drawing showing the appropriate calculations. Said drawing shall be stamped by an engineer certified in the State.
D.������� Sign Maintenance And Removal:
1. Damaged Signs: When any sign is substantially damaged, destroyed, taken down or removed for any purpose other than copy change or normal maintenance operation, it shall not be reerected, reconstructed or rebuilt except in full compliance with this Chapter.
2. Unsafe Signs: If, in the opinion of a Sign Administrator or designee, any sign becomes unsecured, unsafe or subject to fall, the Sign Administrator upon supported findings shall give written notice of the sign's condition to the person responsible for the sign (owner or lessee). The person so notified shall correct the unsafe condition of the sign and within seven (7) days in conformance with the provisions of this Chapter.
3. Maintenance:
a. All signs shall be kept in good repair, both structurally and in appearance. All braces, bolts, clips, fastenings and supporting frame shall be securely affixed to the support structure or wall and shall be free from insect infestation, rot or other deterioration.
b. If the message portion of a sign is not maintained or if it is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within thirty (30) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. The subsection shall not be construed to alter the prohibition on the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of the sign.
4. Repair, Alteration Or Removal Of Signs: Any written notice to repair, alter or to remove a sign will be sent via certified mail by the Sign Administrator to the owner, lessee, or person responsible for the sign. If such order is not acted on within seven (7) days, the Sign Administrator may initiate proceedings contained herein to revoke the permit and remove the sign at the expense of the owner, lessee, or person responsible for the sign.
5. Unlawful Signs: If any sign is installed, erected, constructed or maintained in violation of any of the terms of this Chapter, or the applicable code it was erected under, the City may issue a written warning to the sign owner, lessee, property manager or landowner. This warning shall outline the violation(s) and order the designated responsible party to bring the sign into compliance with this Chapter and any other applicable codes within fourteen (14) days from the date of the warning. Only one warning per violation will be issued. Said warning shall remain in effect for the duration of the business. (Ord. 1999-03, 3-2-1999)
6. Violations And Penalties: Any person who shall violate any provision of this Chapter shall be guilty of an offense and shall, upon conviction thereof, be punished as provided in Section
E.�������� Nonconforming Signs:
1. Subject to the remaining restrictions of this Section, nonconforming signs that were otherwise lawful on the effective date of this Chapter may be continued.
2. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any conforming sign.
3. Any change in the use of any building or property in which a nonconforming sign is located, will require that all nonconforming signs on that property be brought into compliance with all applicable provisions of this Chapter within nine (9) months of said change.
4. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this Chapter. For the purpose of this subsection, "replaced" means the replacing of any or all parts of a sign that would extend the normal life span of a sign. An example is replacing wood pole supports with metal I-beam supports.
5. If a nonconforming sign is destroyed, damaged or in need of repair, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this Chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this subsection, a nonconforming sign is "destroyed" if damaged up to fifty percent (50%) of the cost of repairing the sign to its former stature or if the cost of replacing it equals or exceeds the tax value (tax value if listed for tax purposes)/sign valuation (as stated on the original permit) of the sign so damaged, whichever is less.
6. The message of a nonconforming sign may be changed so long as this does not create any new nonconformities (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
7. If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within ninety (90) days after such abandonment by the sign owner, owner of the property where the sign is located or other person having control over such sign.
8. If a nonconforming billboard remains blank for a continuous period of ninety (90) days, that billboard shall be deemed abandoned and shall be altered to comply with this Chapter or be removed by the sign owner, owner of the property where the sign is located or other person having control over such sign. For purposes of this subsection, a sign is "blank" if:
a. It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or
b. The advertising message it displays becomes illegible in whole or substantial part; or
c. The advertising copy has been removed.
9. The City shall reserve the right to remove a nonconforming sign in accordance with the State law.
10. This subsection shall not apply to any benches placed under the terms of any contract in effect on the date of passage of this Chapter.
F.�������� Permits: Sign permits shall be required for all signs unless otherwise stated in this Chapter.
G.������� Sign Placement Provisions:
1. No sign shall be permitted to violate the "clear-sight triangle" as defined in this Chapter.
2. No sign shall obstruct any door, stairway, fire escape or opening intended to provide ingress and egress for any building or structure.
3. Signs may not be located in a manner that obscures or interferes with the effectiveness of any official sign, signal or device. A sign shall not be placed at any location where it obscures or interferes with the clear view of any traveler on any street.
4. No sign shall be constructed within any public right of way or sidewalk nor shall any portion of any sign extend onto or over a public right of way or sidewalk unless a specific exception is provided for elsewhere in this Chapter.
5. No permit for a sign that extends beyond private property onto a public street, public sidewalk or public alley will constitute a permanent easement. Every such permit shall be revocable by the Sign Administrator. The City shall not be liable for any damages to the owner because of such revocation.
6. No banner shall be erected across any street or sidewalk in the City unless express (written) consent has been granted by the City Council.
7. Any sign extending over an area intended for pedestrian use shall not be less than seven feet four inches (7'4") above the finished grade below it.
8. No sign shall be placed on any property without written consent of the owner(s) or the owner(s)' authorized agent.
9. No part of any sign may protrude into the setback except in the following instances:
a. If the right of way extends fifteen feet (15') beyond the back of curb, a sign may be placed on the property line. A written agreement between the City and the property owner shall be initiated to assure that the said sign will be relocated at the owner's expense in the event that the roadway is ever widened at the sign location.
b. Real estate signs may be located within the setback, however, they shall not encroach in any way into the public right of way or clear-sight triangles.
10. Every sign shall be identified by a label, nameplate or trademark designating the manufacturer and installer of the sign. Signs not requiring permits shall be exempt from this provision.
11. No sign (temporary or permanent) shall be placed on private property with the exception of signs lawfully permitted. Any unlawful sign found in a public right of way or on public property shall be seized (and removal is hereby authorized).
H.������� Lighting Provisions:
1. Light from any (light) source intended to illuminate a sign shall be shaded, shielded, or directed in such a way so that the light intensity or brightness shall not adversely affect the safe vision of pedestrian or vehicle operators on public or private streets, driveways, or parking areas, and shall not adversely affect any of the surrounding premises. Illumination from any sign shall not interfere with the effectiveness of any official traffic sign, signal or device.
2. Signs which face residentially zoned lots having a linear distance of seventy five feet (75') or less from the zone shall not be illuminated.
3. Signs in residential zones shall not be illuminated with the exception of a house or building sign or nameplate. (Ord. 1999-03, 3-2-1999)
A.������� Offenses:
1. Every violation of this Chapter constitutes an offense.
2. Each day a violation of this Chapter exists constitutes a separate offense.
B.�������� Enforcement Authority:
1. The Code Enforcement Division is authorized to issue citations for violations of this Chapter and file criminal complaints in Municipal Court alleging violations of this Chapter. (Ord. 1999-03, 3-2-1999)
2. The Municipal Court may impose a fine for each offense, as provided in Section
Table 1: Maximum Sign Height By Street Classification (In Feet):
Street
Class��������������������������������������������������������������������������� Zone
����������������������� A-1����� A-2����� RE������ R-1����� TC������ MR����� MF����� C-1����� C-2����� M-1���� M-2
Local��������������� 0��������� 0��������� 0��������� 0��������� 0��������� 0��������� 0��������� 6��������� 6��������� 18������� 18
Collector��������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 18������� 18������� 18������� 18
Minor�������������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 18������� 18������� 18������� 18
arterial
Major�������������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 6��������� 18������� 18������� 30������� 30
arterial
NOTE: Freestanding signs which are allowed by right and erected in the zones listed above shall follow those height requirements enumerated above, unless specific requirements are stated elsewhere in this Chapter.
Table 2: Minimum Setback By Street Classification:
Street Class����� Setback����������� Setback
Local��� 10 feet from property line��������� 5 feet side yard
Collector��������� 12 feet from property line��������� 5 feet side yard
Minor arterial��� 15 feet from property line��������� 5 feet side yard
Major arterial�� 15 feet from property line��������� 5 feet side yard
(Ord. 1999-03, 3-2-1999)
(Ord. 1999-03, 3-2-1999)
CHAPTER 15
DEVELOPMENT STANDARDS AND EXCEPTIONS
All lots, tracts, buildings, and structures in the City shall be developed in accordance with the standards below, except as otherwise provided. All development standards and other provisions of this Title shall apply to each lot, tract, or parcel, independent of all other lots, tracts, or parcels.
����������� Yards�� Yards�� Yards�� Lots���� Lots���� Lots
����������� Min.���� Min.���� Min.���� Min.���� Min.���� Min.���� Height
District Front��� Rear���� Side���� Area���� Width�� Depth�� � Max.�
RE������ 20 ft.��� 15 ft.��� 5 ft.����� 6,000 sq. ft.����� *60����� *70����� 35 ft.
R-1����� 20 ft.��� 15 ft.��� 5 ft.����� 6,000 sq. ft������ *60����� *70����� 35 ft.
TC������ 15 ft.��� 15 ft.��� 0 ft.����� 3,000 sq. ft.����� *60����������������� 35 ft.
MR����� 15 ft.��� 15 ft.��� 7.5 ft.�� 6,000 sq. ft.����� *60����������������� 35 ft.
MF����� 15 ft.��� 15 ft.��� 7.5 ft.�� 4,000 sq. ft.����� *60����������������� 45 ft.
C-1����� 15 ft.��� 15 ft.��� 5 ft.����� 5,000 sq. ft.����� *60����� *70����� 45 ft.
C-2����� 15 ft.��� 15 ft.��� 5 ft.����� 5,000 sq. ft.����� *60����� *70����� 45 ft.
M-1���� 15 ft.��� 15 ft.��� 5 ft.����� 5,000 sq. ft.����� *60����� *70����� 45 ft.
M-2���� 15 ft.��� 15 ft.��� 5 ft.����� 5,000 sq. ft.����� *60����� *70����� 45 ft.
* Total lot area must be equal to, or greater than, minimum area specified.
(Ord. 1999-04, 3-2-1999; amd. 2000 Code)
A.�������
B.�������� Television And
1. Residential Zoning Districts:
a. Towers shall have manufacturer's specifications to withstand a seventy five (75) mile per hour wind or be setback one foot (1') for each one foot (1') of height from the property line.
b. Towers shall be constructed to meet Uniform Building Code standards.
c. Towers shall conform to Federal Communication Commission and Federal Aviation Administration regulations if applicable.
d. Towers shall not exceed sixty five feet (65') in height. Any request for a tower to exceed sixty five feet (65') in height shall require a variance from the Board of Adjustment.
e. Tower height shall be measured from ground level vertically to the highest point of a tower for both freestanding towers and towers attached to or built upon structures.
f. Towers for commercial purposes shall not be permitted.
2. Commercial Zoning Districts:
a. Towers shall have manufacturer's specifications to withstand a seventy five (75) mile per hour wind or be setback one foot (1') for each one foot (1') of height from the property line.
b. Towers shall be constructed to meet Uniform Building Code standards.
c. Towers in commercial zoning districts shall not exceed sixty five feet (65') in height. A special use permit may be granted to permit tower heights greater than sixty five feet (65'). The special use permit process shall be used to determine tower height greater than sixty five feet (65').
d. Tower height shall be measured from ground level vertically to the highest point of a tower for both freestanding towers and towers attached to or built upon structures.
e. Towers for commercial purposes shall not be constructed on lots adjacent to property zoned R-1 or R-2 unless approved through the special use permit process. A special use permit may be granted to permit a tower for commercial purposes adjacent to R-1 or R-2 zoned property.
f. Towers for commercial purposes shall be set back one foot (1') for each one foot (1') in height plus ten percent (10%) of the total height from a residential use.
3. Manufacturing Zoning Districts:
a. Towers should have manufacturer's specifications to withstand a seventy five (75) mile per hour wind or be setback one foot (1') for each one foot (1') of height from the property line.
b. Towers shall be constructed to meet Uniform Building Code standards.
c. Towers shall conform to Federal Communication Commission and Federal Aviation Administration regulations if applicable.
d. Towers in manufacturing zoning districts shall not exceed two hundred feet (200') in height. A special use permit may be granted to permit tower height greater than two hundred feet (200'). The special use permit process shall be used to determine tower height greater than two hundred feet (200').
e. Tower height shall be measured from ground level vertically to the highest point of the tower for both freestanding towers and towers attached to or built upon structures.
f. Towers for commercial purposes shall be set back one foot (1') for each one foot (1') in height plus ten percent (10%) of the total height from any residential zone.
g. Towers for commercial purposes shall not be constructed on lots adjacent to property zoned R-1 or R-2 unless approved through the special use permit process. A special use permit may be granted to permit a tower for commercial purposes adjacent to R-1 or R-2 zoned property.
C.������� Towers In Historic Districts:
1. Towers for commercial purposes shall not be permitted unless located within a commercial or industrial zone and granted a special use permit.
2. Towers shall not exceed sixty five feet (65') in height. Any request for tower to exceed sixty five feet (65') in height shall require a variance from the Board of Adjustment.
D.������� Television And
1. A complete description of the commercial communication service to be provided.
2. A complete description of the commercial communication service area.
3. A technical analysis prepared by a professional engineer for the proposed site. The analysis shall contain:
a. A comprehensive statement and justification for the proposed tower location and site.
b. A communication coverage pattern calculation for the proposed tower location at sixty five feet (65') height for commercial zoning districts and two hundred feet (200') height for manufacturing zoning districts.
c. A communication coverage pattern calculation for the proposed tower at the proposed location and proposed height.
d. A communication coverage pattern calculation for the proposed tower at the proposed location and a height twenty percent (20%) lower than the proposed height.
e. Analytical evidence demonstrating that no other location or height exists to provide the commercial communication service including cellular or similar communication services. (Ord. 1999-04, 3-2-1999)
CHAPTER 16
Mining & Reclamation
CHAPTER 17
RCPUD District � PENDING FINAL ACTION
CHAPTER 18
telecommunications
CHAPTER 19
New Urbanism District