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City of Socorro, NM
Sunday, November 19, 2017

Chapter 250. Zoning

[HISTORY: Adopted by the City Council of the City of Socorro 8-5-1991 by Ord. No. ZCM-91-01 (Ch. 12 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Airport — See Ch. 100.
Building construction — See Ch. 115.
Flood damage prevention — See Ch. 151.
Noise — See Ch. 172.
Sewer use — See Ch. 195.
Street numbering — See Ch. 204.
Subdivision of land — See Ch. 207.
Vehicle storage — See Ch. 233.40 feet

Article I. Purpose, Authority and Scope

§ 250-1.1. Title.

This chapter, including the Official Map, shall be known as the "Zoning Code of the City of Socorro."

§ 250-1.2. Purpose and intent.

The purpose of this chapter is to encourage the most appropriate use of land and to promote the health, safety, morals and general welfare of the community. The regulations, plans and maps are deemed necessary to:
A. 
Prevent congestion in the streets and other rights-of-way.
B. 
Secure safety from fire, panic, and other dangers.
C. 
Promote health and general welfare.
D. 
Assure adequate light and air for all properties.
E. 
Prevent the overcrowding of land and undue concentration of population.
F. 
Facilitate adequate provisions for transportation, water, sewer, schools, parks, and other public facilities and reduce the effect of natural hazards.
G. 
Control and abate the unlawful use of structures, buildings, or land.
H. 
Encourage the conservation of energy in the use of structures, buildings and land in the City.
I. 
Provide a permanent public record of all proceedings and actions concerning this chapter and its enforcement.

§ 250-1.3. Statutory authority; zoning districts; interpretation of district boundaries.

A. 
This chapter is created and adopted pursuant to the authority set forth in the NMSA 1978, §§ 3-21-1 through 3-21-24, as amended, and shall be applicable to all property within the corporate limits of the City of Socorro, New Mexico, referred to as "the City" elsewhere herein, except for state and federal land being used for public purposes.
B. 
Designation of official districts. The following shall be the official zoning districts:
R-1
Single Family, Low Density Residential Zone
R-2
Medium Density Residential Zone
R-3
High Density Residential Zone
R-4
General Residential Zone
RA
Rural Agricultural Zone
RR
Rural Residential Zone
C-1
Light Commercial Zone
C-2
General Commercial Zone
M-1
Light Industrial Zone
H
Historic Zone
C. 
Interpretation of district boundaries. Where uncertainty exists concerning boundaries of any district shown on the Zoning Map, the following rules shall apply:
(1) 
Boundaries shall be construed as the center line of existing, future or vacated streets, highways, alleys, drainage, or irrigation canals or other public rights-of-way.
(2) 
Where property has been subdivided into block and lot, the boundaries shall be construed to be the lot line.
(3) 
Where property is not otherwise designated, divided, or subdivided, the boundary line shall be determined by the scaled distance shown on the Zoning Map.
(4) 
In cases where property has not been specifically included within a zone, or where territory has become a part of the City by annexation, these areas shall be classified by zone by the City Council after recommendation by the Planning and Zoning Commission, hereinafter called the "Commission."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Where boundaries were created by amendment, codes on the Zoning Map shall indicate the record of actions by City Council.

§ 250-1.4. Access to Zoning Code.

The Zoning Code and Zoning Map shall be filed with the City Clerk and shall be available for public examination by any citizen. Copies of the Zoning Code are available for public examination and available for purchase upon request.

Article II. Administration

§ 250-2.1. Administrative official; compliance required for permit issuance.

A. 
Except as otherwise provided in this chapter, the Zoning Administrator/Code Enforcement Officer or his/her designee shall:
(1) 
Administer and enforce this chapter.
(2) 
Receive applications.
(3) 
Inspect premises for code compliance.
(4) 
Issue permits and certificates.
(5) 
Maintain records of all applications, amendments, permits, certificates, variances, public notices and minutes of Commission meetings for public inspection and purchase of copies.
B. 
No permit or certificate shall be issued by the Zoning Administrator/Code Enforcement Officer except where compliance with the provisions of this chapter has been met.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-2.2. Planning and Zoning Commission.

A. 
Purpose. A municipal Planning and Zoning Commission, hereinafter called the "Commission," is hereby established for the purpose of interpretation of this chapter, approving certain actions, receiving requests for modifications to this chapter and rezoning, and making recommendations to the City Council concerning matters pertaining to zoning within the City.
B. 
Administrative review and interpretation.
(1) 
The Commission shall review an administrative action of the Zoning Administrator/Code Enforcement Officer when it is alleged that there is an error in the order, requirement, determination, or refusal made by the Zoning Administrator/Code Enforcement Officer and shall reverse, affirm, or modify the administrative action.
(2) 
The Commission shall interpret this chapter when the Zoning Administrator/Code Enforcement Officer is in doubt as to the exact meaning of the text.
(3) 
The Commission shall interpret the Zoning Map in accordance with the standards set forth in this chapter when the Zoning Administrator/Code Enforcement Officer is uncertain as to the exact boundary of a zone shown on the Zoning Map.
C. 
Powers and duties. The Planning and Zoning Commission shall:
(1) 
Recommend to the City Council either approval, denial, or modification of a request for annexation, historic district permit, special use permit, subdivision, vacation of a public street or right-of-way, rezoning, amendment of this chapter, or any land use consideration within the zoning jurisdiction of the City.
(2) 
Grant final approval or denial of a variance, home occupation permit, or conditional use permit after public meeting, provided there is not an appeal to the City Council within 15 days in accordance with Article VII of this chapter.
D. 
Composition.
(1) 
The Commission shall consist of not less than five members, each to be appointed by a simple majority vote of the City Council. Members shall serve staggered terms of two years each. Members appointed to the Commission shall be residents of the City of Socorro.
(2) 
After a public hearing and for cause stated in writing and made part of the public record, a member of the Commission may be removed by a simple majority vote of the City Council.
(3) 
Any Commission member who is present at less than 1/2 of scheduled Commission meetings within a calendar year shall be reported to the City Council during the following month of January by the Commission for consideration for removal.
(4) 
A recording secretary, separate from the Zoning Administrator/Code Enforcement Officer, shall be provided to assist the Commission by the City. The recording secretary shall not be a member of the Commission and shall be only responsible for those duties requested by the Commission and approved by the City Clerk.
E. 
Organization. The Commission shall elect a Chairman and a Vice-Chairman in April of each year. They shall serve for one calendar year following their elections.
F. 
Voting. A simple majority vote of a quorum of the Commission is required for approval on all Commission activities. A quorum is a majority of the total membership. Any member having a conflict of interest should verbally abstain from voting.
G. 
Criteria for recommendations and decisions. In considering all requests, the Commission shall review applicable plans to determine whether the request will:
(1) 
Impair an adequate supply of light and air to adjacent property.
(2) 
Unreasonably increase the traffic in public streets.
(3) 
Increase the danger of fire or endanger public safety.
(4) 
Deter the orderly and phased growth and development of the community.
(5) 
Unreasonably impair established property values within the surrounding area.
(6) 
In any other respect impair the public health, safety or general welfare of the City.
(7) 
Constitute a spot zone and therefore adversely affect adjacent property values.
(8) 
Maintain the characteristics of an established and stable neighborhood.
H. 
Report to the City Council. The Commission shall provide written minutes, with recommendations as necessary, to the City Council on all matters that are brought before the Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-2.3. City Council.

The City Council shall make all final decisions concerning amendments to this chapter, rezoning, vacation of rights-of-way, and appeals.

Article III. Enforcement

§ 250-3.1. Duty to enforce.

It shall be the duty of the Zoning Administrator/Code Enforcement Officer or his/her designee to enforce this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-3.2. Zoning approval required.

No building or land shall be used or occupied, nor may a use of a building or land be converted or changed, in whole or in part, until a certificate of zoning compliance, variance or applicable permit has been issued therefor by the City. The Zoning Administrator/Code Enforcement Officer shall maintain a record of all certificates of zoning compliance, variances, and permits, and copies shall be furnished upon request to any person for the cost of reproduction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-3.3. Legal documents to ensure compliance.

The Zoning Administrator/Code Enforcement Officer may, at his/her discretion, require affidavits, disclosure statements, deed restrictions or other legal documents to ensure compliance with the provisions of this chapter. Such documents may be approved for use in specific cases by the City Attorney.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-3.4. Violations and penalty; uses allowed by court action.

A. 
It shall be a violation of this chapter for any person, firm, or corporation to unlawfully neglect, refuse to comply with, or resist the enforcement of any provision of this chapter or any requirement pursuant thereto, or in any way use, change or construct a building or structure in nonconformance with zoning approval. Any person or persons found guilty of violating any provision of this chapter shall be punished by a fine of not less than $10 nor more than $200 or by imprisonment in jail for a period not to exceed 30 days, or by both fine and imprisonment. Each day that such violation exists shall constitute a separate offense.
B. 
Violations of this chapter shall be brought into compliance, abated, removed or prosecuted in Municipal Court, to be prosecuted as a violation. In all such cases where the Court rules to allow a structure to remain in nonconformance with this chapter, there shall be a pro-forma action by the City Council permitting such use. Such action shall be consistent with the Court's ruling, and thereafter said use shall be considered as a legal nonconforming use and be subject to the provisions thereof.

Article IV. Nonconforming Uses

§ 250-4.1. Definition; continuance.

A nonconforming use is any legal existing use of land, a building or structure that does not conform to the land use provisions of this chapter at the time of passage or any subsequent amendment thereto. The legal use of a building or land existing at the time of passage of this chapter or any subsequent amendment thereto may be continued, even though such use does not conform with the land use provisions of this chapter. Whenever a nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed to a less-restrictive use, except by a zoning district change.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-4.2. Enlargement or extension.

A nonconforming use or building shall not be enlarged, replaced, moved, or extended in size or use. Normal renovation and repairs shall be permitted, provided there are no structural alterations.

§ 250-4.3. Discontinuance.

In the event that a nonconforming use of any building or land is discontinued for one year, the use of the same shall thereafter conform to the requirements of this chapter.

§ 250-4.4. Discontinuance of nonconforming mobile homes.

[Added 6-7-2004]
A. 
Voluntary discontinuance.
(1) 
In the event a nonconforming use mobile home is removed from the land, the property owner shall have 120 days from the date of removal to replace the removed mobile home with a replacement mobile home, conditioned upon:[1]
(a) 
The property owner submitting to the Zoning Administrator/Code Enforcement Officer documentation evidencing that the replacement mobile home has a higher fair market value than the original mobile home; and
(b) 
The Planning and Zoning Commission holding a public hearing, finding that the replacement mobile home has a higher fair market value than the original mobile home, and issuing a nonconforming use designation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Each nonconforming use designation shall automatically expire on its seventh anniversary date of issuance, unless the replacement mobile home is sooner removed, and in either event, the land use shall conform with the then-existing zoning requirement.
B. 
Involuntary discontinuance.
(1) 
In the event a nonconforming use mobile home, which serves as the primary residence of the property owner, is rendered uninhabitable by fire, flood or natural disaster, the property owner shall have one year from the date of the uninhabitability to replace the uninhabitable mobile home with a replacement mobile home, conditioned upon:[2]
(a) 
Submission by the property owner of an affidavit affirming the mobile home to be the property owner's primary residence;
(b) 
The issuance of a nonconforming use certificate as provided for in § 250-4.5; and
(c) 
Annual submission by the property owner of an affidavit affirming that the replacement mobile home remains the primary residence of the property owner.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In the event a nonconforming use mobile home, which does not serve as the property owner's primary residence, is rendered uninhabitable by fire, flood or natural disaster, the property owner shall be afforded the option set forth in Subsection A above.

§ 250-4.5. Nonconforming use certificate required.

A nonconforming use certificate shall be required for all nonconforming uses of land and buildings created by the adoption of this chapter or any subsequent amendment thereto. It is the responsibility of the property owners to furnish affidavits or other legal documents to the Zoning Administrator/Code Enforcement Officer establishing the legal nonconforming status of the structures or land uses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-4.6. Annual review.

A nonconforming use shall be subject to review by staff on each annual anniversary following its approval. If it is determined from review that the current use is significantly different or larger in scale than that originally approved, the permit may be revoked by the Commission.

§ 250-4.7. Transfer of certificates.

Nonconforming use certificates may be transferred from one person/owner to another but only for the same use of that building or property.

Article V. Permits and Certificates

§ 250-5.1. Certificates of zoning compliance.

No new building or land use shall be used or occupied, nor may a use of a building or land be converted or changed, in whole or in part, until a certificate of zoning compliance is issued therefor by the Zoning Administrator/Code Enforcement Officer. A certificate of zoning compliance shall be issued only if the proposed use of a building or property is permitted by right within the zone wherein the use is proposed to occur.
A. 
Fee. A nonrefundable application fee of $10 must accompany each application.
B. 
Submission requirements. The application for a certificate of zoning compliance shall be on the form supplied by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer as well as the information required elsewhere in this chapter.
C. 
Expiration by limitation. A certificate under which no use is commenced or work preparatory to use is commenced within one year after issuance shall expire by limitation.
D. 
Revocation. The Commission may revoke a certificate issued under this chapter if it is determined that a false statement or misrepresentation of material fact was provided by the applicant as a part of the application or testimony on which the certificate of approval was based.
E. 
Transfer. Certificates of zoning compliance shall not be transferable from location to location but shall be transferable from one applicant to another applicant for the same use of a building or property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-5.2. Conditional use permits.

A permit may be authorized by the Commission for uses stipulated as conditional within specific zones as presented in Article VIII of this chapter.
A. 
Requirements.
(1) 
The subject use must be compatible with the existing uses in that zone.
(2) 
Conditional use permits shall not be granted if projected traffic flows impact the transportation system beyond its safe capacity.
(3) 
Conditional use permits shall not be granted if existing infrastructure capacities are inadequate to accommodate the new development, unless infrastructure expansion is provided as part of the proposed development.
(4) 
Conditional use permits shall not be granted if the proposed development significantly affects environmentally sensitive issues such as areas of historical significance, groundwater and surface water, and air quality.
(5) 
Conditional use permits shall not be granted in such cases where it would adversely affect adjoining property values or endanger public safety.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a conditional use permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determine property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed permit before the Commission prior to any decision being made by the Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Review. A conditional use permit shall be subject to review by staff on each annual anniversary following its approval. If it is determined from the review that the current use is significantly different or larger in scale than that originally approved, the conditional use permit may be revoked by the Commission.
F. 
Transfer. Conditional use permits shall not be transferable from location to location, building owner to building owner, or applicant to other party.

§ 250-5.3. Home occupation permits.

A home occupation permit is required for the conduct of trade, services, or manufacturing within a dwelling unit in a residential zone. Allowable uses and restrictions for home occupation permits are stated below. Home occupation permits may by authorized by the Commission.
A. 
Requirements. Home occupation permits shall not be granted in such cases where they would adversely affect adjoining properties, impair established property values, unreasonably increase vehicle traffic flow, or endanger public safety.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a home occupation permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determine property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed permit before the Commission prior to any decision being made by the Commission.
E. 
Annual review. A home occupation permit shall be subject to review by the Commission on each annual anniversary following its approval. If it is determined from review that the current use is significantly different or larger in scale than that originally approved, the home occupation permit may be revoked by the Commission. A home occupation shall be required to obtain a business registration from the City of Socorro.
F. 
Transfer. Home occupation permits shall not be transferable from location to location, building owner to building owner, or applicant to other party.
G. 
Home occupations may be permitted, provided that the following conditions are met:
(1) 
No commodity shall be sold upon the premises, except that which is prepared upon the premises.
(2) 
No person shall be employed other than a member of the immediate family residing on the premises.
(3) 
The use of the dwelling unit for the home occupation shall clearly be incidental and subordinate to its use for residential purposes, and not more than 15% of the floor area, not to exceed 500 square feet, shall be used in the conduct of the home business.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Ch. 128, Business Registration.

§ 250-5.4. Variances.

A variance may be authorized by the Commission for purposes which conform to the provisions of this chapter. The variance shall provide relief from the strict application of the dimensional, distance, parking or setback requirements of this chapter.
A. 
Requirements.
(1) 
The subject property must be irregular, narrow, shallow, or steep or otherwise have physical conditions where application of the requirements of this chapter would result in practical difficulty or unnecessary hardship to the owner in the use of his/her land or building.
(2) 
Variances shall not be granted in such cases where it would adversely affect adjoining properties, impair established property values, or endanger public safety.
(3) 
Variances shall not be granted to change the use of a structure or property which is not otherwise permitted by right or by conditional or special use within the zone where said structure or property is located.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a variance shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determined property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed variance before the Commission prior to any decision being made by the Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Revocation. A variance shall be automatically revoked in the event a building permit for the approved variance has not been obtained within 90 days, or construction has not been completed within one year after the building permit has been issued. The Commission may grant an extension of 90 days if deemed appropriate.
F. 
Reapplication for variance. In the event of a denial decision by the Commission, there shall be no reapplication for the same variance for a period of one year after the date of the decision.

§ 250-5.5. Special use permits.

A special use permit may be authorized by the City Council after hearing the recommendation of the Commission. A special use permit is required for a specific land use which is not permitted by right within the zone wherein it is requested.
A. 
Requirements.
(1) 
The subject use must be unusual and unique and may be incompatible with planned property uses within the general area and zone in which the special use is proposed.
(2) 
The applicant must assure that use regulations and specifications that are determined to be applicable by the City Council to the special use shall be observed.
(3) 
Special use permits shall not be granted in such cases where they would adversely affect adjoining property values or endanger public safety.
(4) 
Special use permits shall not be granted in such cases where the use is or will become detrimental to the character of the zone wherein it is located.
B. 
Fee. An application fee of $100 must accompany each application. All but $25 of the fee shall be refunded if the application is withdrawn 24 hours before a regularly scheduled hearing of the Commission. If a special hearing is requested by the applicant, which is not on the date of a regularly scheduled Commission meeting, no part of the application fee shall be refunded if the application is withdrawn prior to the special hearing.
C. 
Submission requirements.
(1) 
The application for a special use permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer. There shall be a comprehensive statement included with each application indicating in detail the reason for the request, the purpose and the use of the property, all improvements to be made, and a site plan including the following:[1]
(a) 
Location of existing and proposed structures, including the 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.
(e) 
Signage.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A drainage plan, site plan, landscaping plan, and grading plan shall be required for all special use developments.
D. 
Public hearing and notice procedure. A public hearing shall be held by the Commission for all special use permits. All property owners within 100 feet, excluding public rights-of-way, of the request shall be notified in accord with the provisions of Article VII of this chapter. The current records of the County Assessor's Office shall be used to determine property ownership.
E. 
Review and approval. The City Council may deny special use permits, or may grant final approval in accord with certain conditions, with rights of appeal in accordance with Article VII of this chapter. Approval may also be granted with additional conditions imposed which are deemed necessary to ensure that the purpose and intent of this chapter are met and to protect and provide safeguards for persons and property in the vicinity.
F. 
Time limitation and revocation. The City Council may impose a time limitation on a special use permit. If a special use is not initiated within one year following approval or if a special use is discontinued for a period of one year, said permit shall be automatically revoked. All improvements shall be in accord with the development standards of the zone except as otherwise authorized by the special use permit. Significant improvements shall result in the revocation of the special use permit.
G. 
Resubmittal of application. An application for a special use permit shall not be resubmitted or reconsidered for a period of six months after it has been acted upon by the City Council.
H. 
Zoning and special use. Special uses shall not be considered a zoning district change.

Article VI. Amendments to Zoning Code and Map

§ 250-6.1. Amendments.

Amendments to the Zoning Code or Zoning Map may be initiated by a private landowner, government agency, the Commission, or by the City Council. The City Council, after a public hearing held in conformance with Article VII of this chapter and after considering the recommendation of the Commission, may amend, supplement, or repeal any portion or all of this chapter.
A. 
Application.[1]
(1) 
If initiated by a private landowner, an application for an amendment shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall include all information considered necessary by the Zoning Administrator/Code Enforcement Officer.
(2) 
The application must be filed with the Zoning Administrator/Code Enforcement Officer for placement upon the agenda of the Commission and City Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Fees.
(1) 
Map change. Application for a change to the Zoning Map shall be charged a nonrefundable fee of $100.
(2) 
Amendment to the text of the Zoning Code. Application for a change to the text of the Zoning Code shall be $100; the fee shall be refunded upon City Council approval of the proposed amendment.

§ 250-6.2. Annexation.

Application for annexation is also an application for a change to the Zoning Map and must be filed and processed in accordance with this article.

§ 250-6.3. Appeals and protests.

The decision of the City Council shall be final concerning amendments to the Zoning Code and Zoning Map, subject to the appeal and protest procedures in Article VII of this chapter.

Article VII. Meetings, Hearings, Appeals, and Petitions to District Court

§ 250-7.1. Meetings of Planning and Zoning Commission.

A. 
The Commission shall hold regular monthly meetings open to the public and advertised at least seven calendar days in advance in one newspaper of general circulation in the City. Special meetings may be held by the Commission for items of urgency following twenty-four-hour advance notification of the place, time, and date of the meeting and items to be considered. The notice shall be posted in three public places.
B. 
The Commission may decide administrative items, home occupation permits, variances and conditional use applications in open meetings and may review applications for subdivisions, historic district permits, special use permits, vacation of rights-of-way, annexations, and must be held, however, before the Commission votes a recommendation to the City Council for subdivisions, historic district permits, special use permits, vacation of rights-of-way annexation or amendments to this chapter or the Zoning Map. Hearings may be held in conjunction with scheduled meetings of the Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-7.2. Hearings of Planning and Zoning Commission.

No zoning regulation, restriction, or boundary shall be recommended for change or repeal by the Commission until after a public hearing at which all parties in interest and citizens shall have an opportunity to be heard.
A. 
Public notice requirements. Notice of the time and place of the public hearing shall be published at least 15 days prior to the date of the hearing in one newspaper of general circulation in the City.
B. 
Notice to property owners requirement.
(1) 
Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the County Assessor, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.
(2) 
Whenever a change in zoning is proposed for an area of more than one block, the procedure stated in Subsection B(1) shall be followed except that property owners shall be advised by certified mail. If a notice by certified mail to an owner is returned undelivered, City staff shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested, to that address.
(3) 
Notice shall be mailed not less than 15 days prior to the required public hearing.
C. 
Recommendations of the Planning and Zoning Commission. Recommendations of the Commission shall be made in accordance with the criteria stated in Article II of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Report to the City Council. The Commission shall state its findings in its minutes and shall provide the City Council with a copy of its minutes.

§ 250-7.3. Meetings of City Council.

The City Council shall hold meetings open to the public and advertised at least seven calendar days in advance in one newspaper of general circulation in the City whenever the City Council is to consider a recommendation of the Commission. Approval of most decisions concerning the Zoning Code and Zoning Map shall require a simple majority vote of a quorum of the City Council. The City Council shall not allow a change under the conditions imposed by § 250-7.4H of this chapter or decide an appeal unless voted by a majority of all members of the Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-7.4. Appeals.

A. 
Grounds for appeal. Any aggrieved person, officer, department board or bureau of the City that is affected by a decision of an administrative officer, commission, or council in the administration or enforcement of this chapter, or any other resolution, rule, or regulation adopted pursuant to NMSA 1978, §§ 3-21-1 through 3-21-12, as amended, may appeal such decision to the Commission or to the City Council, as appropriate. Such appeal must be initiated in writing within 15 days after all other procedures authorized by this chapter have been exhausted.
(1) 
Appeal of any action of the Zoning Administrator/Code Enforcement Officer or his/her designee is to the Commission. The Commission may decide such appeals or refer the appeal to the City Council with its recommendation for action. The decision of the Commission may be appealed to the City Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Appeal of all other matters concerning zoning shall be to the City Council.
B. 
Submission requirements. An appeal shall state specifically the claim of error or abuse. The appeal shall be filed with the Zoning Administrator/Code Enforcement Officer for placement on the agenda of the Commission or City Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Authority of the City Council. When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official or commission in the enforcement of this chapter, or any other resolution, rule or regulation adopted pursuant to the state statutes, the City Council, by a majority vote of all its provisions of this chapter have been exhausted, reverse, or affirm any order, requirement, decision or determination of an administrative official or commission; or make any change in an order, requirement, decision or determination of an administrative official.
D. 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer, official, commission, or board from whom or which the appeal is taken certifies that by reason of facts a stay would cause imminent peril to life and property. Upon certification, the proceedings shall not be stayed except by order of the District Court after notice to the official, commission, or board from whom or which the appeal is taken.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Notice of appeal. Public notice of an appeal must be given in the manner of hearings of the Commission and as stated in § 250-7.2A of this chapter.
F. 
Fee. A fee of $50 must accompany each appeal. The entire fee shall be refunded if the appeal is decided in favor of the appellant.
G. 
Time for decision. An appeal shall be decided within 60 days of its filing.
H. 
Protest of zoning change by property owners. If the owners of 20% or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation object, the proposed change in zoning shall not become effective unless approved by a majority vote of all members of the City Council.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-7.5. Petition to District Court.

Any person aggrieved by a determination of the City Council or any officer, department or board of the City may present to the District Court a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the Court within 30 days after the decision is entered in the records of the City Council and shall be as required under applicable statutes.

Article VIII. Zoning Districts

§ 250-8.1. Purpose; types of uses.

General districts are residential, commercial, light industrial, historic, and agricultural zoning districts in the City. This Article VIII outlines the intended purpose of each general district and states the permitted, special and conditional uses for each district.
A. 
Permitted use defined. A permitted use is a use which is listed as permitted by right in a zoning district. Nonspecified uses which are similar to those specified are also permitted by right, except as otherwise restricted within this chapter.
B. 
Conditional use defined. A conditional use is a use that is considered compatible to a permitted use and is described as conditional in specific zones. A conditional use permit requires review and approval by the Commission to determine if the use is desirable or essential to the public welfare, safety, health, morals or convenience of the residents in that zone. The City may impose standards for development of conditional uses to ensure the uses will not adversely affect the public or surrounding property owners. See § 250-5.2 for procedures governing conditional use permits.
C. 
Special use defined. A special use is a use which is of an unusual or unique character and which may be offensive or incompatible in some cases within a zoning district. A special use requires review and approval by the City Council, after recommendation by the Commission, to determine impacts on the surrounding area. The City may impose standards for development of special uses to ensure the uses will not adversely affect the public or surrounding property owners. See § 250-5.5 for procedures governing special use permits.

§ 250-8.2. R-1 Single Family, Low Density Residential District.

A. 
Purpose. The R-1 District is intended to accommodate detached single-family dwelling units and to maintain and protect a low-density residential character of development. Accessory uses which are incidental to and customarily found with the R-1 District are also permitted.
B. 
Development requirements. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in R-1 Districts:
(1) 
Accessory buildings, subject to the provisions of Article IX.
(2) 
Construction yards or buildings (temporary). Such yard or building shall be removed upon completion of construction or within three years from the date of the permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a fence five feet in height. However, there shall be no fence or wall more than three feet in total height above street-curb level located within 30 feet of a street intersection.
(3) 
Detached single-family dwellings.
(4) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(5) 
Greenhouses (noncommercial), garden sheds, and tool sheds. When detached from the main dwelling, such structures are subject to the provisions of Article IX regarding accessory buildings.
(6) 
Home occupations, subject to the provisions of § 250-5.3.
(7) 
Manufactured homes, subject to the provisions of Articles XI and XIV.
(8) 
Public parks, playgrounds, ballfields or tennis courts.
(9) 
Kennels (private residential).
(10) 
Servant quarters. Living quarters for domestic servants, not to exceed two individuals, shall be permitted as an accessory use.
(11) 
Storage of recreational vehicles. Storage of personal recreational vehicles, boats, trailers or similar uses shall be limited to a maximum of one per dwelling unit in the side yard, with no limit in the rear yard, separated at least five feet from the property line.
(12) 
Swimming pools (private); permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13) 
Television and radio towers and all other freestanding towers (public and private use). Towers shall have manufacturer's specification to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards. Towers and dish antennas for the reception of satellite signals shall be permitted only in rear yards.
(14) 
Tennis courts (private for residential use).
D. 
Conditional uses. The following are conditional uses in the R-1 District:
(1) 
Homes for the mentally ill or developmentally disabled, or retired, subject to the requirements of NMSA 1978, § 3-21-1, Paragraph C, as amended. There shall be no more than 10 persons in one home, and parking must be provided in compliance with § 250-12.2E of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Special uses. The following uses require a public hearing and approval of the City Council after a recommendation by the Planning and Zoning Commission. Specific conditions and provisions for special uses may be referred to in § 250-5.5.[3]
(1) 
Bed-and-breakfast inns.
(2) 
Cemeteries; shall provide landscaping, screening and buffering.
(3) 
Child-care centers (six or more children).
(4) 
Churches.
(5) 
Community buildings.
(6) 
Golf courses and country clubs.
(7) 
Offices in historic structures.
(8) 
Schools (public, private, university, junior college, and parochial).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-8.3. R-2 Medium Density Residential District.

A. 
Purpose. R-2 District is intended for single- and multifamily dwellings, residential condominiums, townhouses, and apartment units in which a medium-density residential character is protected and maintained. Manufactured housing is permitted in accordance with development standards. Mobile homes are only permitted in mobile home subdivisions, which are only permissible as a special use.
B. 
Development requirements. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in R-2 Districts:
(1) 
Accessory buildings, subject to the provisions of Article IX.
(2) 
Apartments; maximum of four attached units.
(3) 
Condominiums (residential); maximum of four attached units.
(4) 
Construction yards or buildings (temporary). Such yard or building shall be removed upon completion of construction or within three years from the date of the permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a fence six feet in height. However, there shall be no fence or wall more than three feet in total height above street-curb level located within 30 feet of a street intersection.
(5) 
Dwellings; maximum of four attached dwelling units, not to exceed a maximum density of 10 dwelling units per acre.
(6) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(7) 
Greenhouses (noncommercial), garden sheds, and tool sheds. When detached from the main dwelling, such structures are subject to the provisions of Article IX regarding accessory buildings.
(8) 
Home occupations, subject to the provisions of § 250-5.3.
(9) 
Manufactured homes, subject to the provisions stated in Articles XI and XIV.
(10) 
Public parks, playgrounds, ball fields, or tennis courts.
(11) 
Kennels (private residential).
(12) 
Servants quarters (living quarters for domestic servants), not to exceed two individuals, shall be permitted as an accessory use.
(13) 
Storage of recreational vehicles. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one per dwelling unit in the side yard, with no limit in the rear yard, separated at least five feet from any property line.
(14) 
Swimming pools (private); permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot, or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(15) 
Television and radio towers, and all other freestanding towers (public and private use). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards. Towers and dish antennas for the reception of satellite signals shall be permitted only in rear yards.
(16) 
Townhouses; maximum of four attached units.
D. 
Conditional uses. The following are conditional uses in the R-2 District:
(1) 
Bed-and-breakfast inns.
(2) 
Boardinghouses.
(3) 
Homes for the mentally ill or developmentally disabled, or retired, subject to the requirements of NMSA 1978, § 3-21-1, Paragraph C, as amended. There shall be no more than 10 persons in one home, and parking must be provided in compliance with § 250-12.2E of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Special uses. The following uses require a public hearing and approval of the City Council after a recommendation by the Planning and Zoning Commission. Specific conditions and provisions for special uses are described in § 250-5.5.[3]
(1) 
Athletic clubs or bathhouses.
(2) 
Cemeteries; shall provide landscaping, screening and buffering.
(3) 
Child-care centers (six or more children).
(4) 
Churches.
(5) 
Community buildings, public or private.
(6) 
Golf courses and country clubs.
(7) 
Mobile home subdivisions.
(8) 
Nursing or retirement homes (11 or more residents).
(9) 
Offices in historic structures.
(10) 
Schools (primary, secondary, and parochial).
(11) 
Swimming pools (public and commercial).
(12) 
Funeral homes or mortuaries.
(13) 
Professional offices (gross floor area of 3,000 square feet or less).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-8.4. R-3 High Density Residential District.

A. 
Purpose. The R-3 District is intended to accommodate multiple-family dwelling units and accessory structures and uses. The zone is intended to maintain and protect high-density residential development that is characteristic of apartments, townhouses, condominiums and similar housing. This zone also permits one- and two-family homes and manufactured homes. Mobile homes are permitted, by conditional use, in mobile home parks and subdivisions. Trade services and other uses characteristic of a neighborhood are only permitted as a special use.
B. 
Development standards. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in R-3 Districts:
(1) 
Accessory buildings, subject to the provisions of Article IX.
(2) 
Apartments.
(3) 
Bed-and-breakfast inns.
(4) 
Boardinghouses.
(5) 
Churches.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Condominiums (residential and professional).
(7) 
Child-care centers, nurseries or similar uses. Play areas shall be in accord with state licensing requirements and enclosed with a solid wall or fence five feet in height. Parking shall be provided in compliance with § 250-12.2B of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Construction yards or buildings (temporary use). Such yard or building shall be removed upon the completion of construction or within three years from the date of the permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a fence five feet in height. However, there shall be no fence or wall more than three feet in total height above street-curb level located within 30 feet of a street intersection.
(9) 
Dwellings, single- or multifamily units, apartments, townhouses and condominiums.
(10) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(11) 
Greenhouses (noncommercial), garden sheds, and tool sheds. When detached from the main dwelling, such structures are subject to the provisions of Article IX regarding accessory buildings.
(12) 
Homes for the mentally ill or developmentally disabled, or retired, subject to state requirements of NMSA 1978, § 3-21-1, Paragraph C, as amended. Parking spaces must be provided, in compliance with § 250-12.2E of this chapter.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13) 
Home occupations, subject to the provisions of § 250-5.3.
(14) 
Manufactured homes, subject to the provisions of Articles XI and XIV.
(15) 
Kennels (private residential).
(16) 
Public parks, playgrounds, ball fields, and tennis courts.
(17) 
Servants quarters. Living quarters for domestic servants, not to exceed two individuals, shall be permitted as an accessory use.
(18) 
Storage of recreational vehicles. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one per dwelling in the side yard, with no limit in the rear yard, separated at least five feet from any property line.
(19) 
Swimming pools (private); permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(20) 
Television and radio towers (public and private use). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards. Towers and dish antennas for the reception of satellite signals shall be permitted only in rear yards.
(21) 
Tennis courts (private for residential use).
(22) 
Townhouses (maximum of eight attached units).
D. 
Conditional uses. Conditional uses in the R-3 District are as follows:
(1) 
Mobile home subdivisions, provided a site plan for the development is approved by the Commission, and the subdivision is approved and in accordance with Chapter 207, Subdivision of Land, of the Socorro City Code and subject to the provisions of Articles XI and XIV.
(2) 
Private clubs or lodges; permitted when used in conjunction with nonprofit organizations such as the Lions Club, Elks Lodge, and the like, and when the development meets the planning criteria of the Commission. Buildings shall not be located within 100 feet of an R-1 or R-2 District. Private clubhouses and game rooms are also permitted when used as a part of an apartment, condominium, or townhouse complex, provided such development meets the planning criteria of the Commission, and provided each building(s) shall not be located within 50 feet of an R-1 or R-2 District.
E. 
Special uses. The following uses require a public hearing and approval of the City Council after a recommendation by the Planning and Zoning Commission. Provisions for special use permits are stated in § 250-5.5 of this chapter.[5]
(1) 
Amusement parks.
(2) 
Athletic clubs or bathhouses.
(3) 
Barber and beauty shops.
(4) 
Cemeteries; shall provide landscaping, screening, and buffering.
(5) 
Community buildings, public or private.
(6) 
Convenience stores of 3,000 square feet or less.
(7) 
DVD and video game rentals and sales.
(8) 
Funeral homes or mortuaries.
(9) 
Gas pumps (accessory to a grocery or convenience store).
(10) 
Golf courses and country clubs.
(11) 
Grocery stores of 3,000 square feet or less.
(12) 
Halfway houses and quasi-institutional houses.
(13) 
Hospitals or overnight clinics.
(14) 
Kennels, commercial.
(15) 
Mobile home parks.
(16) 
Professional offices in historic structures.
(17) 
Professional offices: offices which provide health services such as medical, chiropractic, or dental and certain professional offices which have a low traffic volume such as attorneys or accountants, provided such offices maintain the residential character of the neighborhood and zoning where they are located.
(18) 
Recreational vehicle parks.
(19) 
Roller skating rinks.
(20) 
Schools (public, private, or parochial).
(21) 
Swimming pools (public or commercial).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-8.5. R-4 General Residential District.

A. 
Purpose. The R-4 District is intended to accommodate single- as well as multiple-family dwelling units and accessory structures and uses. The zone is intended to maintain and protect varied residential development. This zone permits mobile home parks and subdivisions. Trade services and other uses characteristic of a neighborhood are only permitted as a special use.
B. 
Development standards. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in R-4 Districts:
(1) 
Accessory buildings, subject to the provisions of Article IX.
(2) 
Apartments.
(3) 
Bed-and-breakfast inns.
(4) 
Boardinghouses.
(5) 
Churches.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Condominiums (residential and professional).
(7) 
Child-care centers, nurseries or similar uses. Play areas shall be in accord with state licensing requirements and enclosed with a solid wall or fence five feet in height. Parking shall be provided in compliance with § 250-12.2B of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Construction yards or buildings (temporary use). Such yard or building shall be removed upon the completion of construction or within three years from the date of the permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a fence five feet in height. However, there shall be no fence or wall more than three feet in total height above street-curb level located within 30 feet of a street intersection.
(9) 
Dwellings: single- or multifamily units, apartments, townhouses and condominiums.
(10) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(11) 
Greenhouses (noncommercial), garden sheds, and tool sheds. When detached from the main dwelling, such structures are subject to the provisions of Article IX regarding accessory buildings.
(12) 
Homes for the mentally ill or developmentally disabled, or retired, subject to state requirements of NMSA 1978, § 3-21-1, Paragraph C, as amended. Parking spaces must be provided, in compliance with § 250-12.2E of this chapter.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13) 
Home occupations, subject to the provisions of § 250-5.3.
(14) 
Manufactured homes, subject to the provisions of Articles XI and XIV.
(15) 
Mobile homes, subject to the provisions of Articles XI and XIV.
(16) 
Mobile home subdivisions, provided a site plan for the development is approved by the Commission, and the subdivision is in accordance with Chapter 207, Subdivision of Land, of the Socorro City Code, and subject to the provisions of Articles XI and XIV.
(17) 
Mobile home parks, provided a site plan for the development is approved by the Commission and subject to the provisions of Articles XI and XIV.
(18) 
Kennels (private residential).
(19) 
Private clubs or lodges; permitted when used in conjunction with nonprofit organizations such as the Lions Club, Elks Lodge, and the like. Buildings shall not be located within 100 feet of an R-1 or R-2 District. Private clubhouses and game rooms are also permitted when used as a part of an apartment, condominium, or townhouse complex, provided such building(s) shall not be located within 50 feet of an R-1 or R-2 District.
(20) 
Public parks, playgrounds, ball fields and tennis courts.
(21) 
Servants quarters. Living quarters for domestic servants, not to exceed two individuals, shall be permitted as an accessory use.
(22) 
Storage of recreational vehicles. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one per dwelling unit in the side yard, with no limit in the rear yard, separated at least five feet from any property line.
(23) 
Swimming pools (private); permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(24) 
Television and radio towers (public and private use). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards. Towers and dish antennas for the reception of satellite signals shall be permitted only in rear yards.
(25) 
Tennis courts (private for residential use).
(26) 
Townhouses (maximum of eight attached units).
D. 
Special uses. The following uses require a public hearing and approval of the City Council after a recommendation by the Planning and Zoning Commission. Provisions for special use permits are stated in § 250-5.5 of this chapter.[5]
(1) 
Amusement parks.
(2) 
Athletic clubs and bathhouses.
(3) 
Barber and beauty shops.
(4) 
Cemeteries; shall provide landscaping, screening, and buffering.
(5) 
Community buildings, public or private.
(6) 
Convenience stores of 3,000 square feet or less.
(7) 
DVD and video game rentals and sales.
(8) 
Gas pumps (accessory to a grocery or convenience store).
(9) 
Golf courses and country clubs.
(10) 
Grocery stores of 3,000 square feet or less.
(11) 
Halfway houses and quasi-institutional houses.
(12) 
Hospitals or overnight clinics.
(13) 
Kennels, commercial.
(14) 
Offices in historic structures.
(15) 
Offices which provide health services such as medical, chiropractic, or dental and certain professional offices which have a low traffic volume such as attorneys or accountants, provided such offices maintain the residential character of the neighborhood and zoning where they are located.
(16) 
Recreational vehicle parks.
(17) 
Roller skating rinks.
(18) 
Schools (public, private, or parochial).
(19) 
Swimming pools (public or commercial).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-8.6. C-1 Light Commercial District.

A. 
Purpose. The C-1 District is intended to accommodate limited retail and service establishments as a convenience to nearby residential neighborhoods. This zone is designed to be compatible and consistent with the needs and character of a residential neighborhood. Uses such as the sale, service, and repair of motor vehicles, engines, and mobile homes; gasoline service stations and body shops; dancing establishments; the wholesaling and warehousing of merchandise; pet shops; and similar uses are not permitted in the C-1 District. Uses which exceed 3,000 square feet of gross floor area per business require a special use permit after public hearing of the Commission in order to ensure that the size of the business does not create undue traffic congestion, noise, or other problems that would be detrimental to the residential character of the surrounding neighborhood.
B. 
Development requirements. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in a C-1 District, provided the gross floor area of each business does not exceed 3,000 square feet. Uses exceeding 3,000 square feet of gross floor area may be considered for approval by the City Council as a special use permit after a public hearing before the Commission held in accordance with Article VII of this chapter.
(1) 
Permitted uses, no conditions.
Apartments
Arts and crafts studios
Bakeries
Barber shops
Beauty parlors
Bicycle sales and service
Bookstores and stationery shops
Cigarette and cigar shops
Clinics (excluding animal clinics)
Coffee shops and snack bars
Community buildings (publicly or privately owned)
Condominiums
Convenience stores
Cosmetologist shops
Delicatessens
Dressmaking shops
Dry cleaning and steam cleaning (receiving store)
DVD and video game rentals and sales
Florist shops
Gift shops
Grocery stores
Household appliances
Hobby shops
Knit and yarn shops
Laundries (self-service)
Lessons (art, dance, music and the like)
Libraries
Meat and seafood markets
Messenger services
Newspaper distribution offices
Offices, professional and business
Photographic studios
Post offices
Prescription shops
Private clubs or lodges
Public parks or playgrounds
Real estate offices
Repair shops
Residences
Restaurants
Shoe repair shops
Tailor shops
Townhouses
Variety stores (neighborhood only)
(2) 
Permitted uses, with conditions. The following uses are permitted in accordance with stated conditions:
(a) 
Child-care centers, nurseries or similar uses. Play areas shall be in accord with state licensing requirements and enclosed by a solid wall or fence five feet in height. Parking shall be provided in compliance with § 250-12.2B of this chapter.
(b) 
Construction yards or buildings (temporary use). Such yard or building shall be removed upon the completion of construction or within three years from the date of the permit, whichever is sooner. Construction yards and buildings shall be maintained in a neat and orderly fashion, and open yards shall be enclosed by a fence of five feet in height. However, there shall be no fence or wall more than three feet in total height above street-curb level located within 30 feet of a street intersection.
(c) 
Churches, only when located on an arterial or collector street designated on the City Street Plan.
(d) 
Christmas tree sales, temporary and not prior to November 15, provided lots are cleaned and unsold trees are removed by December 31.
(e) 
Firewood sales; maximum of 10 cords per business stored on site.
(f) 
Retail sales of special merchandise. Retail sales, except as otherwise stated, shall be limited to stores that specialize in a particular type of merchandise, such as clothing, records, shoes, home appliances, or other similar convenience goods to serve nearby residential neighborhoods.
(g) 
Shopping centers (less than two acres), provided a site plan for the entire development is approved.
(h) 
Storage, incidental to primary use. Storage shall be permitted only for merchandise incidental to the primary use of the business. Such storage shall be totally enclosed within the building of primary use, and at least 10% of the gross floor area shall be used for retail sales or service. Exterior or open storage is prohibited.
(i) 
Swimming pools; permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot, or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(j) 
Television and radio towers and all other freestanding towers (public and private use). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards.
D. 
Special uses. The following uses require a public hearing and approval of the City Council after a recommendation by the Commission. Provisions for special use permits are stated in § 250-5.5 of this chapter.
(1) 
Auto washing establishments.
(2) 
Gas pumps (accessory to a grocery or convenience store).
(3) 
Grocery or convenience stores (gross floor area exceeding 3,000 square feet).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Golf courses and country clubs.
(5) 
Halfway houses and quasi-institutional uses.
(6) 
Hospitals and overnight clinics.
(7) 
Institutions, public, educational, religious and philanthropic.
(8) 
Package liquor.
(9) 
Recreational vehicle parks.
(10) 
Schools (public, private, and parochial).
(11) 
Shopping centers (limited to a maximum of five acres).
(12) 
Mobile home parks.

§ 250-8.7. C-2 General Commercial District.

A. 
The intent of the C-2 District is to provide for certain commercial/retail uses which serve both transient and local trade. The district is intended for areas surrounding major arterial or collector streets where a wide range of automobile-related service facilities, convenience goods and personal services are desirable and appropriate as a land use.
B. 
Development standards. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in the C-2 District:
(1) 
Permitted uses–no conditions:[1]
Accountant office
Advertising services
Animal hospitals and clinics
Arts and crafts studios
Auditoriums
Automobile parking lots
Auto and camper sales, service and rental
Automotive equipment and rental
Bakeries
Banking and financial institutions
Barber shops and beauty parlors
Bathhouses or spas
Bicycle sales and service
Boat storage, sales and service
Bookstores and stationery shops
Building and other construction-contractor; office only
Business service establishments
Butcher shops and meat sales
Catering
Chiropractic offices
Clinics
Clothing stores and apparel shops
Coffee shops
Columbariums
Community centers or public office buildings
Condominiums
Convenience stores
Convention or exhibition halls
Country clubs
Dance halls or music academies
Dentist offices
Department shops
Dressmaking shops
Drugstores
Dry cleaning and steam cleaning
DVD and video game rentals and sales
Electrical shops and electricians
Farm machinery
Farm and ranch products and supplies
Fast food sales, including drive-in sales
Firewood sales
Florist shops
Food stores
Frozen food lockers
Funeral homes, mortuaries (including crematorium)
Furniture and home furnishing sales
Gasoline pumps
Gift shops
Glass cutting and finishing
Golf courses
Grocery stores
Gymnasiums
Hardware stores
Heavy equipment sales
Hobby shops
Hospital or overnight clinics
Hotels and motels
Household appliance sales, service and repair
Insurance services
Institutions, public and quasi-public
Jewelry manufacturing
Jewelry stores
Laboratories (medical, dental, or engineering)
Laundries (self-service)
Law offices
Lessons (art, music, dance, and the like)
Liquor store-taverns, and package sales
Lumber and construction
Materials
Medical centers
Microwave radio relay structures
Mining and mineral evacuation offices
Motion-picture theaters
Motorcycle sales and service
Newspaper establishments, including distribution offices
Newsstands
Nursing, convalescent or retirement homes
Paint sales
Parking garages
Pharmacies
Physicians offices
Printing shops
Pet shops or grooming parlors
Photographic studios and supply stores
Plant nurseries
Plumbing and heating shops
Pool and billiard rooms
Post offices
Printing and publishing
Private clubs or lodges
Public parks, playgrounds and recreational
Radio, television, music stores
Real estate services
Radio and television broadcasting studios
Restaurants
Retail sales
Roofing and sheet metal shops
Shoe repair
Show and sales rooms for business products
Skating rinks
Sporting goods stores
Steam cleaning establishments
Tailoring
Taverns and cocktail lounges
Taxicab transportation
Telephone exchange stations
Telegraph and messenger services
Tire sales and service
Title and abstracting services
Townhouses
Travel agencies
Upholstery shops
Variety stores
Warehouse and storage
Watch and clock sales and repair
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Permitted uses—with conditions. The following C-2 District uses are permitted in accordance with stated conditions and upon approval by the Commission:[2]
(a) 
Adult entertainment use. Uses such as adult bookstores, adult movie theaters, adult magazine racks, and other adult entertainment as defined in Article XVI of this chapter shall be permitted, provided such use is located a minimum of 300 feet from a property line of any: a) school; b) church; c) public park or recreation facility; and d) residential zoning district. There shall be no public display of adult pictures or materials which are visible outside the building. In addition, display of adult picture or materials within a grocery store or bookstore or other retail or wholesale store shall also be concealed from public view.
(b) 
Amusement park or enterprise, subject to any other provisions and requirements of the City Code. Temporary amusement enterprises are prohibited within 300 feet of any residential zoning district. Permanent amusement enterprises are prohibited within 500 feet of any residential zoning district.
(c) 
Automobile body and repair shop; not permitted within 100 feet of any residential district.
(d) 
Automobile washing establishment, subject to approval of site and related plans provided for each stall.
(e) 
Bank drive-up windows. Stacking lanes of a length for the maximum projected traffic with a width of 12 feet for each drive-up must be provided and designed to ensure that no bank traffic backs onto the street giving access. Banks must be located on collector or arterial streets as shown on the City Street Plan.
(f) 
Bowling alleys, subject to approval of site and related plans. Bowling alleys are prohibited within 300 feet of any residential zoning district.
(g) 
Bus or motor freight terminals, only when located on an arterial street as designated on the City Street Plan.
(h) 
Child-care centers, nurseries or similar uses. Play areas shall be in accord with state licensing requirements and enclosed by a solid wall or fence five feet in height. Parking shall be provided in compliance with § 250-12.2B of this chapter.
(i) 
Christmas tree sales, temporary and not prior to November 15, provided lots are cleaned and unsold trees are removed by December 31.
(j) 
Churches, only when located on an arterial or collector street as designated on the City Street Plan.
(k) 
Construction or contractor's yards. Yard shall be maintained in a neat and orderly fashion and enclosed by a fence at least six feet in height, except that the height shall be limited to three feet above the street-curb level located within 30 feet of a street intersection.
(l) 
Drive-in theaters, subject to approval of site and related plans.
(m) 
Furniture assembly (accessory use); permitted only as an incidental or accessory use to retail sales. The maximum floor area for assembly shall not exceed 3,000 square feet and not exceed 30% of the total gross floor area. Welding is permitted only in conjunction with repair and shall not be used for the purpose of heavy equipment assembly.
(n) 
Miniature golf courses, subject to approval of site and related plans; not permitted within 100 feet of any residential district.
(o) 
Mini storage units. Units shall not be used for commercial sales of products, merchandise, service or repair.
(p) 
Schools (public, private or trade). Sites shall be located on an arterial or collector street as shown on the City Street Plan.
(q) 
Shopping centers, provided site, drainage, and related plans for the entire development are approved.
(r) 
Storage of wrecked or dismantled vehicles and parts (accessory use). The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental accessory use to a vehicle repair establishment or a body shop:
[1] 
Storage shall be within an enclosed building or within a site-obscuring fence at least six feet in height.
[2] 
Vehicles and parts stored at the exterior of the building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers.
[3] 
Exterior storage of vehicles shall not remain on the premises for a period exceeding three months.
[4] 
There shall be a maximum of five wrecked vehicles stored at the building exterior during any one time.
[5] 
Exterior storage shall be a minimum of 100 feet from a residential zoning district.
(s) 
Swimming pools; permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot or pool area. The pool shall be no closer than five feet to any property line, and approval from all utilities is required to ensure overhead safety.
(t) 
Television and radio towers and all other freestanding towers (public and private uses). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards.
(u) 
Welding (accessory use). Welding shall be permitted only as an incidental or accessory use necessary for the repair of vehicles or equipment permitted in the C-2 District. Welding uses shall be approved by the Fire Department and shall be in accord with any other provisions of the City Code.
(v) 
Wrecker services, in accord with the storage of wrecked vehicle provisions of Subsection C(2)(r) above.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Special uses. The following uses require a public hearing and approval of the City Council after recommendation by the Commission:
[Amended 2-7-2005]
Apartments (ten-unit minimum) and townhouses (R-3 District development standards apply)
Concrete sales and ready mix
Correctional facilities and institutions
Flea markets
Heavy equipment repair and service
Kennels (commercial)
Mobile home parks or subdivisions
Racetracks
Recreational vehicle parks
Stadiums: baseball, football, soccer or track
Recycling purchase centers
Transient vendors
Welding shops

§ 250-8.8. M-1 Light Industrial District.

A. 
Purpose. The M-1 District is intended to accommodate a wide variety of light manufacturing, commercial, processing, storage, packaging, compounding, and wholesaling and distribution operations with no limitations on size. Such uses shall be constructed and operated to ensure that there is no excessive noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, humidity, heat, or glare, at or beyond any lot line of the parcel on which it is located. "Excessive" is defined as a degree exceeding that caused in their customary manner of operation by users permitted in the M-1 District, a degree injurious to the public health, safety, welfare or to a degree in which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a resident watchman, caretaker or proprietor of a commercial use.
B. 
Development requirements. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in the M-1 District, no conditions:
Animal hospitals and clinics
Arts and crafts studios
Assembly of electronic or mechanical parts and equipment
Auditoriums
Automobile repair or body shops
Auto and camper sales, service, and rental
Automotive equipment
Banking and financial institutions
Barber shops and beauty parlors
Bathhouses
Bicycle sales and service
Boat storage, sales and service
Bowling alleys
Bus terminals
Business service establishments
Butcher shops and meat sales
Clothing manufacture
Coffee shops
Commercial or trade schools
Community or public offices
Concrete sales and ready mix
Convention or exhibition halls
Department stores
Drugstores
Dry cleaning and steam cleaning
Electrical shops and electricians
Fabrication shops
Farm machinery
Farm and ranch products and supplies
Firewood sales and storage
Food stores
Freight houses or truck terminals
Freight warehouses and docks
Frozen food lockers
Funeral homes, mortuaries (including crematorium)
Furniture and home furnishings
Gasoline stations
Glass cutting and finishing
Golf courses
Grocery stores
Gymnasiums
Hardware stores
Heavy equipment sales, service and repair
Hotels and motels
Household appliance sales, service and repair
Laboratories
Laboratories (medical, dental or engineering)
Law offices
Lessons (art, music, dance, and the like)
Liquor store-taverns and package sales
Lumber and construction
Manufacturing of consumer goods such as appliances, batteries, furniture, garments, tires, blocks and similar products
Materials
Medical centers
Microwave radio relay structures
Metal work and machine shops
Miniature golf courses
Mining and mineral excavation offices
Motion-picture theaters
Motorcycle sales, service and repair
Motor fright terminals
Newspaper establishments, including distribution office
Packaging of food products, cosmetics, pharmaceuticals, and toiletries
Paint sales
Pet shops
Photographic studios and supply stores
Plant nurseries
Plumbing and heating shops
Pool and billiard rooms
Printing and publishing
Printing shops
Processing and compounding of bakery goods, candy or food products
Public parks, playgrounds and recreational
Radio and television broadcasting studios
Restaurants
Retail sales
Roofing and sheet metal shops
Shoe repair
Show and sales rooms for business products
Skating rinks
Steam cleaning establishments
Storage of products: merchandise, domestic goods and raw materials
Taverns and cocktail lounges
Taxicab transportation
Telephone exchange stations
Telegraph and messenger services
Upholstery shops
Warehousing and storage
Warehousing or wholesale distribution of goods
Watch and clock sales and repair
Welding shops
D. 
Conditional uses. The following uses are permitted in accordance with stated conditions and approval of the Planning and Zoning Commission:[1]
(1) 
Adult entertainment uses. Uses such as adult bookstores, adult movie theaters, adult magazine racks, and adult entertainment, as defined in Article XVI of this chapter, shall be permitted, provided such use is located a minimum of 300 feet from a property line of any: a) school; b) church; c) public park or recreational facility; and d) residential zoning district. There shall be no public display visible outside of the building. In addition, display of adult pictures or materials within a grocery store, bookstore, or other retail or wholesale store shall also be concealed from public view.
(2) 
Amusement parks or enterprises, subject to other provisions and requirements of the City Code. Permanent amusement enterprises are prohibited within 500 feet of any residential zoning district. Temporary amusement enterprises are prohibited within 300 feet of a residential zoning district.
(3) 
Automobile washing establishments, subject to approval of site and related plans provided for each stall.
(4) 
Bank drive-up windows. Stacking lane(s) length adequate for maximum projected traffic with a width of 12 feet for each drive-up window must be designed to ensure that no bank traffic backs onto the street giving access. Banks must be located on a collector or arterial street as shown on the City Street Plan.
(5) 
Body shops. Buildings shall be located a minimum of 300 feet from a residential district boundary and shall have Fire Department approval.
(6) 
Construction or contractor's yards. The yard shall be maintained in a neat and orderly fashion and enclosed by a fence a minimum of six feet in height. However, there shall be no fence or wall more than three feet in height within 30 feet of a street intersection.
(7) 
Drive-in theaters, subject to approval of site and related plans.
(8) 
Dwellings, accessory use for a proprietor, resident watchman or caretaker only, provided such use shall be a single-family dwelling located on the same property as the business.
(9) 
Flea markets, subject to other requirements of the City Code.
(10) 
Open or exterior storage and display of merchandise and materials. Storage or display of materials on the exterior of a building shall be completely enclosed by a fence or wall of solid construction, no less than six feet in height, except for mobile homes, cars, trucks, or motorcycles.
(11) 
Paint shops, mixing, treatment and spraying. The building shall be located 100 feet from any residential zoning district and shall have Fire Department approval.
(12) 
Storage of wrecked or dismantled vehicles and parts thereof. The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental or accessory use to a vehicle repair establishment or body shop permitted in the M-1 District. Such use shall be in accordance with the following requirements:
(a) 
Storage shall be within an enclosed building or within a site-obscuring fence at least six feet in height.
(b) 
Vehicles and parts stored at the exterior of a building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers.
(c) 
Exterior storage of vehicles shall not remain on the premises for a period exceeding three months.
(d) 
There shall be a maximum of 20 wrecked vehicles stored at the building exterior during any one time.
(e) 
Exterior storage shall be a minimum of 100 feet from a residential zoning district.
(13) 
Swimming pools; permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot or pool area. The pool shall be five feet from any property line, and approval from all utilities is required to ensure overhead safety.
(14) 
Television and radio towers and all other freestanding towers (public or private uses). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards.
(15) 
Wrecker services, provided vehicle storage conforms to Subsection D(12) above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Special uses. The following uses require a public hearing and approval of the City Council after recommendation by the Commission:
(1) 
Asphalt material production plants.
(2) 
Kennels, commercial.
(3) 
Stables.
(4) 
Commercial sand and gravel pits.
(5) 
Slaughter or packing houses.
(6) 
Racetracks.
(7) 
Recreational vehicle parks.
(8) 
Junkyards.
(9) 
Petroleum or liquefied petroleum gas bulk plants.
(10) 
Metal or other used materials, sales, recycling, or purchase centers.
(11) 
Mobile home parks.

§ 250-8.9. RR Rural Residential District.

A. 
Purpose. The RR District is a low-density semi-rural residential zone comprised primarily of single-family site-built homes, manufactured housing units, and mobile homes.
B. 
Development standards. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in RR Districts:
(1) 
Detached single-family dwellings.
(2) 
Manufactured housing and mobile homes on individual lots or parcels tied down and skirted according to the provisions in Article XI of this chapter.
(3) 
Guest dwellings or accessory living quarters.
(4) 
All types of horticulture.
(5) 
4-H and FFA animal raising in accordance with other applicable regulations.
(6) 
Keeping of small animals and fowl in accordance with other applicable regulations.
(7) 
Keeping of large animals in accordance with other applicable regulations.
(8) 
Recreational courts, including, but not limited to, tennis and other similar uses.
(9) 
Home occupations, subject to § 250-5.3.
(10) 
Produce stands for agricultural products.
(11) 
Greenhouses (commercial or noncommercial), garden sheds, and tool sheds. When detached from the main dwellings, such structures are subject to the provisions of Article IX regarding accessory buildings.
(12) 
Private swimming pools five feet from property lines and surrounded by a fence or wall conforming to the requirements of § 250-13.6C of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(14) 
Recreational vehicles. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one per dwelling unit in the front or side yard, with no limit in the rear yard, separated at least five feet from any property line.
(15) 
Television and radio towers and all other freestanding towers (public or private). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards.
(16) 
Windmills, subject to the same construction standards as television and radio towers.
(17) 
The sale of agricultural and farm products, nursery stock, poultry, rabbits, chinchillas, fish, frogs, earthworms, and bees.
D. 
Special uses: The following uses require a public hearing and approval of the City Council:
(1) 
Boardinghouses and rest homes.
(2) 
Cemeteries.
(3) 
Child-care centers (six or more children).
(4) 
Churches.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Community and publicly owned recreational centers, clubhouses, and similarly used buildings and structures open to the public.
(6) 
Mobile home parks.
(7) 
Mobile home subdivisions.
(8) 
Recreational vehicle parks.
(9) 
Schools (primary, secondary, private, and parochial).
(10) 
Veterinary facilities.

§ 250-8.10. RA Rural Agriculture District.

A. 
Purpose. The RA District is intended to protect, stabilize, and enhance the development of agricultural resources and to prohibit development which would detract from the unique open and rural characteristics of the district. Low-density single-family dwellings, including mobile homes, are permitted along with typical farming, ranching, and related activities.
B. 
Development standards. Development standards are provided in Article XIV.
C. 
Permitted uses. The following uses are permitted by right in RA Districts:
(1) 
Detached single-family dwellings.
(2) 
Manufactured housing and mobile homes on individual lots or parcels tied down and skirted according to the provisions in Article XI of this chapter.
(3) 
Guest dwellings or accessory living quarters.
(4) 
All types of horticulture.
(5) 
4-H and FFA animal raising in accordance with other applicable regulations.
(6) 
Keeping of small animals and fowl in accordance with applicable regulations.
(7) 
Keeping of large animals in accordance with other applicable regulations.
(8) 
Recreational courts, including but not limited to tennis and other similar uses.
(9) 
Home occupations, subject to § 250-5.3.
(10) 
Produce stands for agricultural products.
(11) 
Greenhouses (commercial or noncommercial), garden sheds, and tool sheds. When detached from the main dwellings, such structures are subject to the provisions of Article IX regarding accessory buildings.
(12) 
Private swimming pools five feet from property lines and surrounded by a fence or wall conforming to the requirements of § 250-13.6C of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13) 
Garage or yard sales or similar uses. Three sales are permitted in a one-year period at a single address. A sale shall not exceed three consecutive days.
(14) 
Recreational vehicles. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be limited to a maximum of one per dwelling unit in the front or side yard, with no limit in the rear yard, separated at least five feet from any property line.
(15) 
Television and radio towers and all other freestanding towers (public or private). Towers shall have manufacturer's specifications to withstand a wind of 75 miles per hour and shall be constructed to meet Uniform Building Code standards.
(16) 
Windmills, subject to the same construction standards as television and radio towers.
(17) 
The sale of agricultural and farm products, nursery stock, poultry, rabbits, chinchillas, fish, frogs, earthworms and bees.
D. 
Special uses. The following uses require a public hearing and approval of the City Council:
(1) 
Boardinghouses and rest homes.
(2) 
Cemeteries.
(3) 
Child-care centers (six or more children).
(4) 
Churches.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Schools (primary, secondary, private, and parochial).
(6) 
Veterinary facilities.

Article IX. Accessory Building Requirements

§ 250-9.1. Accessory building defined; size restrictions.

An accessory building is a subordinate building, the use of which is incidental to and located with the principal building. An accessory building shall not exceed 1/4 of the use or area of the main business or building.

§ 250-9.2. Permanent accessory buildings.

Permanent accessory buildings and structures shall be permanently attached to a slab or foundation and shall be subject to the following provisions.
A. 
Height. A maximum height of 15 feet is permitted.
B. 
An accessory use or structure is a subordinate use or structure customarily incident to and located on the same lot with the principal use or building, and shall not occupy more than 30% of the rear yard. An accessory use or structure closer than 10 feet to the main use or structure shall meet the minimum setback requirements of its zoning district and shall be reviewed and approved by the Zoning Administrator/Code Enforcement Officer before a certificate of zoning compliance is issued.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Setback requirements (all permitted zones).
(1) 
Interior lot: no less than 10 feet from main use or structure and three feet from property lines on rear and side yards.
(2) 
Lots with more than one street frontage: no less than 10 feet from main use or structure, three feet from property line on rear yard (yard without street frontage); shall meet the required setbacks on all frontages in accordance with the zone.

§ 250-9.3. Water runoff.

There shall be no water runoff on an adjacent property caused by an accessory building or structure. Side gutters may be required if water runoff would otherwise occur.

§ 250-9.4. Use restrictions.

An accessory building shall not be used for a business or dwelling purposes.

Article X. Landscaping Standards

§ 250-10.1. Purpose.

A. 
The City of Socorro desires to promote and preserve visually attractive development and to improve the quality of the environment. Therefore, landscaping shall be provided and maintained in the manner set forth in this article.
B. 
The style of landscape is not described; however, indigenous or drought-tolerant plants are recommended.
C. 
For the purposes of this article, "site" is defined as the lot or lots included within the area for which a landscaping plan is submitted and upon which the landscaping obligations of this article are imposed. The standards presented herein are to be considered the minimum acceptable for landscaping.

§ 250-10.2. New construction; additions and modifications.

A. 
New construction. All new construction within the C-1, C-2, and M-1 Districts and all new mobile home parks (MHPs) recreational vehicle parks (RVPs) and multifamily dwellings shall contain a landscaped area that is equal to not less than 15% of the required parking areas for the site. The parking area shall include all driveways, accessways, loading and unloading areas, and sidewalks. Up to 1/3 of the required landscaping may be located in the public right-of-way if approved by the Commission.
B. 
Additions or structural modifications. Additions or structural modifications valued at more than $50,000 for a site within the C-1, C-2, and M-1 Districts or within an existing MHP, RVP, or multifamily dwelling complex shall include landscaping improvements which bring the site into compliance with this article by providing a landscaped area that is equal to not less than 15% of the required parking area for the site. The parking area shall include all driveways, accessways, loading and unloading areas, and sidewalks. Up to 1/3 of the required landscaping may be located in the public right-of-way if approved by the Commission. Buildings which are to be structurally modified upon sites which do not contain sufficient area for landscaping may be exempted from these requirements after approval by the Commission.

§ 250-10.3. Landscaping requirements.

Landscaping shall consist of the use of ground covers, shrubs and trees which are further described below.
A. 
Ground covers. "Ground covers" means grass, low shrubs, or flowers but does not include asphalt, concrete, or bare soil which is exposed and untreated. Gravel, decorative stone, or bark mulch shall also be considered as acceptable ground cover if used in combination with grass, shrubs, flowers, and trees. A minimum of 100 square feet of ground cover shall be provided for every 1,000 square feet of required landscaped area.
B. 
Shrubs. Shrubs must be a minimum two-and-a-half-gallon size utilized by plant nurseries and should be approximately one foot in height and one foot in width at the time of planting. A minimum of 20 live shrubs shall be provided for every 1,000 square feet of required landscaped area.
C. 
Trees. Trees must be of the deciduous or coniferous types and must have a minimum diameter of two inches at the time of planting. A multi-trunk tree shall have no fewer than three trunks, each of which is at least one inch in diameter. A minimum of one live tree shall be provided for every 1,000 square feet of required landscaped area.
D. 
Substitution of plant materials. Variations from the minimums defined above will be considered in review of a landscaping plan by the Commission if the proposed landscaping is environmentally sound and aesthetically pleasing.

§ 250-10.4. Locational criteria.

Landscaping shall be installed in accordance with the following guidelines:
A. 
Yard location.
(1) 
Of the total area required to be landscaped, at least 1/2 shall be located within the front yard.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
On corner, double-fronting, or triple-fronting lots, at least 1/4 of the required landscaped area shall be located on each frontage.
B. 
Parking lots. All new parking lots in excess of 100 spaces shall include one tree, in addition to the minimum required above, for every 20 parking spaces to provide shade and visual relief. Covered parking areas are exempted from this requirement.

§ 250-10.5. Landscape screening.

Landscape screening shall be opaque from the ground to a height of at least eight feet.
A. 
Sites in C-1, C-2, and M-1 Districts. Sites in C-1, C-2, and M-1 Districts which are contiguous with residential zones shall be required to include a landscaped screen on that perimeter contiguous to the residential zone.
B. 
Multifamily dwellings. Multifamily dwellings shall be required to include a landscaped screen on that perimeter contiguous to single-family housing.

§ 250-10.6. Irrigation and maintenance.

A. 
An automatic or manual irrigation system shall be provided for any landscaping or screening installed in compliance with this article. The irrigation system shall be adequate to properly irrigate the landscaping at maturity. The owner of the landscaped property shall be responsible to maintain landscaping or screening in a healthy, neat, and clean condition. Dead plant material shall be replaced with new plant material immediately.
B. 
All landscaped and screened areas shall be controlled by pruning or trimming so as to not interfere with the installation, maintenance, or repair of any public utility, restrict pedestrian or vehicular traffic, or constitute a traffic hazard.

§ 250-10.7. Clear-sight triangle.

Plant materials shall not exceed three feet in height at maturity within the clear-sight triangle. Planted materials adjacent to the clear-sight triangle which grow over or obstruct vision above the allowable three-foot height within the clear-sight triangle shall not be permitted.

§ 250-10.8. Landscaping plan.

A. 
A landscaping plan is required as a part of the application for all special use permits and for those developments or improvements which meet those criteria stated in § 250-10.2.
B. 
Each landscaping plan shall indicate the type, size, and location of landscaping, along with existing and proposed topography and proposed irrigation systems. The scale of the landscaping plan shall be as recommended by the Zoning Administrator/Code Enforcement Officer. No zoning permit or certificate shall be approved by the City of Socorro for those developments requiring a landscaping plan unless said plan is reviewed and approved as part of the application process.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article XI. Manufactured and Mobile Homes; Mobile Home Parks and Subdivisions; Recreational Vehicle Parks

§ 250-11.1. Purpose and intent.

A. 
The purpose of this article is to present minimum standards for the installation of manufactured homes and mobile homes in appropriate zones. This article also presents standards for mobile home parks and subdivisions and RV parks within the City of Socorro.
B. 
The City of Socorro encourages the installation of well-constructed, aesthetically pleasing manufactured or mobile homes in the zones in which they are permitted. The City realizes that most such installations will be more or less permanent and provide a permanent housing source for residents of the City. Therefore, this article attempts to create the proper standards for manufactured and mobile home installation which are pleasing to the eye and lend to the improvement and safety of the overall community.

§ 250-11.2. Manufactured homes.

Pursuant to NMSA 1978, § 3-21A-3, as amended, manufactured housing which conforms to the definition included in Article XVI of this chapter shall be permitted in those zones and under those conditions as permitted for single-family site-built housing. Manufactured housing shall be constructed according to the Housing and Urban Development Zone Code II or the Uniform Building Code and shall not be modified or altered subsequent to initial construction but prior to placement in the City of Socorro. Manufactured housing shall only be allowed within the Historic Zone if it is consistent with the standards established in this chapter for that zone.

§ 250-11.3. Mobile homes.

A. 
Zone restrictions. Mobile homes are permissible within the City of Socorro in accordance with the zoning and permit requirements summarized in the following table:
Mobile Home Categories
MH
Mobile home (placed on individual lots)
MHP
Mobile home park
MHS
Mobile home subdivision
RVP
Recreational vehicle park
Zoning Categories
Z
Permitted by right
C
Conditional use permit required
S
Special use permit required
N
Not permitted
Mobile Home Zoning Summary
Zone
MH
MHP
MHS
RVP
R-1
N
N
N
N
R-2
N
N
S
N
R-3
N
S
C
S
R-4
Z
Z
Z
S
RA
Z
N
N
N
RR
Z
S
S
S
C-1
N
S
N
S
C-2
N
S
S
S
M-1
N
S
N
S
B. 
Development requirements. Development standards are provided in Article XIV.
C. 
Certificate of zoning compliance required. A certificate of zoning compliance must be obtained from the Zoning Administrator/Code Enforcement Officer before placement of a MH within the City limits of Socorro. Permit application forms are furnished by the Zoning Administrator/Code Enforcement Officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
General conditions. All mobile homes within the City of Socorro are required to be mounted and tied down in conformance with applicable state regulations and must meet the following requirements. Specific details may be obtained from the Zoning Administrator/Code Enforcement Officer.[2]
(1) 
Wheels to be removed. Since MHs are more or less permanent housing units, the City requires that the wheels of the MH, if present, be removed during the installation process.
(2) 
Nonexposure of undercarriage.
(a) 
MH undercarriages, if present, shall be concealed by either:
[1] 
An appropriate, nonflammable skirting approved by the appropriate state or local inspecting authority and installed in accordance with the 1985 Manufactured Housing Act of the State of New Mexico.[3]
[3]
Editor's Note: See NMSA 1978, § 60-14-1 et seq.
[2] 
Entrenching the home to a depth equal to the height of the undercarriage. Any such entrenching shall have provisions for drainage approved by the appropriate state or local inspecting authority.
(b) 
Concealment of the undercarriage must be completed within 60 days of placement of the unit.
(3) 
Damaged units. The City will not allow damaged units to be installed within the City limits of Socorro. In the event the Zoning Administrator/Code Enforcement Officer determines that an MH is damaged or not of appropriate exterior quality for placement with the City, then the certificate of zoning compliance shall not be approved, unless repair to the unit is made as part of the permit application, to be completed before the final inspection.
(4) 
Steps. All MH units shall have permanent steps affixed to all exits.
(5) 
Maintenance. All manufactured homes existing within the City limits shall be properly maintained. The properties shall meet all existing City codes related to proper appearances and maintenance of buildings and properties.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Standards. All MHs shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., or carry other state approval.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Other constructed improvements.
(1) 
All porches, patios, permanent steps, accessory buildings, additions to a manufactured home and any other constructed improvements shall be required to comply with the Uniform Building Code.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
All other requirements not covered herein shall be as required by the State of New Mexico Manufactured Housing Act and regulations.

§ 250-11.4. Mobile home parks (MHPs).

A. 
A special use permit is required in R-3, RR, C-1, C-2 and M-1 Districts for all MHP developments. The permits are 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 right in the R-4 District. Special use permits must be acquired in accordance with Article V of this chapter. MHPs are not permitted within R-1, R-2 or RA Districts.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Development requirements. Development requirements are provided in Article XIV. A site plan, landscaping plan, and a drainage plan must be approved by the City for any MHP.
C. 
Design standards.
(1) 
Swimming pools are permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot, or pool area. The pool shall be no closer than five feet to any property line or mobile home space boundary, and approval from all utilities is required to ensure overhead safety. All gates in fences shall be self-closing and equipped with self-latching devices.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
All mobile homes shall have perimeter walls or fences that are at least six feet in height and visually obscuring. The fence or wall shall be modified as necessary to provide clear-sight triangles and shall be approved by the City.
(3) 
All mobile home parks shall have a landscape concept which conforms to the landscaping requirements included in Article X of this chapter. The concept shall be approved by the City for all areas not devoted to structures, streets, alleys, drives, walks, and paths.
(4) 
Walls, fences, and hedges shall conform to Article XIII. A clear-sight triangle of 20 feet in both directions from the corner of internal streets and from the entrance to each mobile home space is required. A clear-sight triangle of at least 30 feet is required at all MHP entrances and exits.
(5) 
Utility placement shall be approved by the City and shall conform to all applicable codes and standards.
(6) 
A paved or concrete patio of not less than 100 square feet adjacent to each unit foundation is required.
(7) 
Open space. A minimum of 33% of each mobile home space shall be preserved as open space.
D. 
Streets and access standards.
(1) 
All MHPs shall have vehicular access from an arterial or collector street.
(2) 
Each mobile home space, 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 preservation 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) 
No street within a mobile home park shall dead-end except for cul-de-sac streets, which shall have a minimum turning radius of 50 feet at the termination point.
(5) 
There shall be a network of pedestrian walks connecting mobile home spaces with each other and with MHP facilities.
(6) 
Private driveways for each mobile home space shall be designed for ease of access, privacy, and safety.
(7) 
All spaces and streets shall be drawn to ensure drainage.
(8) 
Streetlighting shall be provided to illuminate all private and public accessways and walkways for the safe movement of vehicles and pedestrians at night.
(9) 
Parking shall conform to § 250-12.2A.
E. 
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 municipal 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.
F. 
Storage. Each mobile home space shall have a personal storage unit. Such storage unit shall have a minimum capacity of 300 cubic feet and shall have a capacity no greater than 600 cubic feet. Each storage unit shall be anchored permanently to the ground and shall have a rigid floor surface.
G. 
Utilities. All utility placements shall be approved by the City and shall meet all applicable codes and standards.
H. 
Compliance of existing MHPs. All MHPs existing at the date of adoption of this chapter shall be brought into compliance with the standards included in this article within three years after the date of adoption unless a specific variance from a standard is granted by the Commission.

§ 250-11.5. Mobile home subdivisions (MHSs).

A. 
Purpose. A conditional use permit is required for MHSs in R-3 Districts and a special use permit is required for MHSs in R-2, RR and C-2 Districts. The permits are intended to provide for the development of such subdivision at standards consistent with the health, safety, and welfare of the community. MHSs are permitted by right in R-4 Districts. Conditional and special use permits must be acquired in accordance with Article V of this chapter. MHSs are not permitted within R-1, RA, C-1 or M-1 Districts.
B. 
Development requirements. Development standards are provided in Article XIV. Subdivisions must meet all applicable provisions of Chapter 207, Subdivision of Land. A site plan, landscaping plan, and a drainage plan must be approved by the City for any MHS.
C. 
MHS street orientation. Street layout shall be designed for preservation 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.
D. 
Utilities. All utility placements shall be approved by the City and shall conform to all applicable codes and standards.
E. 
Landscaping. A landscaping concept which conforms to the landscaping requirements included in Article X of this chapter shall be provided. The concept shall be approved by the City and shall be required for all areas not devoted to structures, streets, alleys, drives, walks and paths.
F. 
Gardens. Gardens, noncommercial nurseries and greenhouses are permitted in MHSs, provided:
(1) 
Such uses are private and noncommercial; and
(2) 
Greenhouses meet setback requirements for accessory buildings (see Article IX).

§ 250-11.6. Recreational vehicle parks (RVPs).

A. 
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. Recreational vehicle parks are permitted by special use in R-3, R-4, RR, C-1, C-2, and M-1 Districts. RVPs are not permitted in R-1, R-2, or RA Districts.
B. 
Development requirements. Development standards are provided in Article XIV. A site plan, landscaping plan, and a drainage plan must be approved by the City for any RVP.
C. 
Design standards.
(1) 
Swimming pools are permitted only when a protective fence or wall conforming to the requirements of § 250-13.6C of this chapter is provided around the yard, lot, or pool area. The pool shall be no closer than five feet to any property line or recreational vehicle space boundary, and approval from all utilities is required to ensure overhead safety. All gates and fences shall be self-closing and equipped with self-latching devices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A landscaping concept in conformance with the landscaping standards included in Article X of this chapter shall be implemented for all areas not covered by structures or paved.
(3) 
All recreational vehicle parks shall have perimeter wall or fences that are at least six feet in height and visually obscuring. The fence or wall shall be modified as necessary to provide clear-sight triangles as described previously.
(4) 
There shall be an active, usable recreational area for tenants comprising 5% of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities.
(5) 
There shall be a community building or buildings which shall provide for the needs of occupants of the recreational vehicle park. It shall include rest rooms, showers, and a laundry. The community building or buildings may not be included as part of the required recreational area.
(6) 
Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all municipal 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.
(7) 
Lighting shall be provided to illuminate accessways and walkways for the safe movement of vehicles and pedestrians at night.
(8) 
A means for emptying sewage holding tanks shall be provided; the facility shall be approved by the appropriate governmental authority.
D. 
Streets and access standards.
(1) 
All RVPs shall have vehicular access from an arterial or collector street.
(2) 
Each RV space, when occupied, shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.
(3) 
A clear-sight triangle of 20 feet in both directions from the corner of internal streets and from the entrance of each RV space is required. A clear-sight triangle of at least 30 feet is required from all RVP entrances and exits.
(4) 
Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of recreational vehicles in such a manner as to permit the use of solar energy systems.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
No street within a recreational vehicle park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of 50 feet at the termination point.
(6) 
Private driveways shall be designed to ensure proper drainage.
(7) 
All spaces and streets shall be designed to ensure proper drainage.
(8) 
One space for automobile parking shall be provided for each RV space.
E. 
Utilities. All utility placements shall be approved by the City and shall conform to applicable codes and standards.
F. 
Duties of Zoning Administrator/Code Enforcement Officer. It shall be the right and the duty of the Zoning Administrator/Code Enforcement Officer of the City of Socorro to impose all design standards for recreational vehicle parks in accordance with Standards for Recreational Vehicle Parks and Campgrounds, latest edition, as published by the National Fire Protection Association and the Recreational Vehicle Industry Association.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Compliance of existing RVPs. All RVPs existing at the date of adoption of this chapter shall be brought into compliance with the standards included in this article within three years after the date of adoption unless a specific variance from a standard is granted by the Commission.

§ 250-11.7. Recreational vehicles, boats, camping and travel trailers and truck campers as dwellings.

Recreational vehicles, boats, camping and travel trailers, and truck campers shall not be used as permanent dwellings or immobile living quarters. Utility connections, except for temporary electrical service, are permitted for said units only within recreational vehicle parks (RVPs) and mobile home parks (MHPs). The use of said units or other temporary living quarters shall not exceed six months at a single location and shall be restricted to RVPs, MHPs, or on a lot upon which a permanent dwelling is being constructed. An extension to the six-month limitation may be considered by the Zoning Administrator/Code Enforcement Officer upon receipt and review of a request for such extension.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article XII. Parking and Loading Requirements

§ 250-12.1. General requirements.

Parking requirements shall be based on the use or type of business. Uses not specified herein shall follow the parking requirements within the category most appropriate to that use. Off-street parking is permissible in all front yards except as otherwise specified. The number of required spaces shall be rounded to the nearest whole number. All parking shall be provided on the same lot as the structure served, except as otherwise allowed in this chapter.

§ 250-12.2. Required parking spaces.

The following off-street parking spaces shall be provided for the following uses:
A. 
Residential and lodging uses.
(1) 
One-family and two-family dwellings: two spaces per dwelling unit. One third of any part of a front yard of a dwelling may be used for parking, except in cases of a cul-de-sac where 2/3 of a front yard may be used for parking, and on existing fifty-foot lots where twenty-foot-width parking is permissible.
(2) 
Multifamily dwellings (three or more units): 1 1/2 spaces per dwelling unit; except for one-bedroom units, for which one space is required per unit within complexes of more than four units.
(3) 
Boardinghouses, bed-and-breakfast inns and similar uses: two spaces in addition to one space for each guest room.
(4) 
Hotels and motels: one space for each guest room in addition to requirements for auxiliary uses such as restaurants or shops.
B. 
Offices and personal service establishments.
(1) 
Professional services (medical and dental offices, barbers, hairdressers, and similar uses): one space for each 250 square feet of gross floor area.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Small office establishments (law, accounting, engineering, and real estate offices): two spaces, plus one space for each 300 square feet of gross floor area.
(3) 
Large business offices (banks, telephone, electric companies, and other similar offices): one space for each company-owned vehicle in addition to one space for each 300 square feet of gross floor area.
(4) 
Low-volume service establishments (dry-cleaning, equipment rentals, small- and large-item repair shops and similar uses): one space for each 300 square feet of gross floor area.
(5) 
High-volume service establishments (coin-operated laundry): one space for each 250 square feet of gross floor area.
(6) 
Drive-in banks: one space for each full-time employee, plus stacking lane requirements stated in Subsection B(9) below for each drive-in window.
(7) 
Child-care centers, institutional homes, nurseries and similar uses: one space per employee per shift in addition to one space for each 10 children of maximum occupancy.
(8) 
Funeral homes: one space for each 50 square feet of floor area in the funeral service and slumber room. A parking lane(s) shall be provided, 15 feet in width and with a total length of 100 feet.
(9) 
Drive-up window service establishments. Establishments having drive-up window services shall provide a lane(s) 12 feet in width, with a total length appropriate to the projected maximum waiting traffic count, and all service traffic and parking shall be maintained off-street.
C. 
Retail establishments.
(1) 
Large-volume retail sales (large-volume retail sales of small domestic products and groceries, and shopping centers): one space for each 200 square feet of gross floor area.
(2) 
Small-volume retail sales (small-volume retail sales of domestic products and specialized products such as plumbing, electrical and hardware stores, furniture, shoes, parts stores, cabinet stores, carpet stores, clothing and shoe stores and similar businesses): three spaces, plus one space for each 300 square feet of gross floor area.
(3) 
Retail sales of vehicles, heavy equipment, and other large products (automobile, boat, mobile home and recreational vehicle sales, farm equipment and similar businesses): one space for each company vehicle in addition to one space for each 350 square feet of gross interior floor area, or five spaces plus one space for each employee, whichever is greater.
(4) 
Storage areas in retail businesses. When a building used for retail sales has an area larger than 20% of its gross floor area being used specifically for storage of products sold within the store, 80% of the total area used for storage may be subtracted from the gross floor area used for off-street parking computations.
D. 
Restaurants and entertainment establishments.
(1) 
Food and beverage establishments (restaurants, cafes, bars and lounges, coffee shops, donut shops, and similar uses): one space for each 100 square feet of gross floor area in addition to one space for each two employees on the maximum shift. One space is required for each 200 square feet of outdoor patio area. Drive-up window establishments are required to provide a lane(s) 12 feet in width with a total length appropriate to the maximum traffic count.
(2) 
Entertainment and amusement enterprises (auditoriums, theaters, sports arenas, dance halls, private clubs and lodges, meeting halls, skating rinks, and similar uses): one space for each 100 square feet of gross floor area in addition to one space for each employee on the maximum shift.
(3) 
Court or alley entertainment (uses which involve courts and alleys such as tennis courts, handball courts, basketball courts, bowling alleys, and similar uses): four spaces for each court or alley in addition to one space for each employee on the maximum shift.
E. 
Schools, churches, community centers and hospitals.
(1) 
Schools. High schools and junior high schools must provide one space for each 250 square feet of floor area, including 70% of the area used for gymnasiums and auditoriums. Elementary schools must provide one space for each classroom, plus one space for each employee on the maximum shift.
(2) 
Community buildings, libraries, museums, administration buildings, art galleries and centers: one space for each 250 square feet of floor area.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Hospitals and nursing homes: one space for each two beds in addition to one space for each employee on the maximum shift.
(4) 
Churches: one space for each four seats at maximum occupancy in the principal assembly room.
F. 
Industry, manufacturing, warehouse, and wholesale establishments.
(1) 
Production line industries (industries and businesses employing large numbers of office and production workers): one space per maximum number of employees on the largest shift, plus one space for each company-owned truck/vehicle, in addition to one visitor space for each 1,000 square feet of floor area, up to 20,000 square feet.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Warehouses (facilities for which the primary use is storage and requires few employees): one space for each employee, plus one space for each 2,000 square feet of floor area up to 30,000 square feet, plus one space for all company-owned trucks and vehicles. Spaces for company trucks and vehicles shall be sized as necessary.
(3) 
Wholesale establishments (the primary use of which is wholesale sales): one space for each 500 square feet of floor area.
(4) 
Storage areas: one space for each 1,000 square feet of floor area.

§ 250-12.3. Handicapped parking spaces.

A. 
The minimum number of designated handicapped parking spaces for other than one- and two-family dwellings is as follows:
Total Spaces in Parking Lot
Minimum Designated Handicapped Parking Spaces
0 to 25
1
26 to 35
2
36 to 50
3
51 to 100
4
101 to 300
8
More than 300
8, plus 1 for each additional 50
B. 
The designated parking spaces shall be located so as to provide the most convenient access to entryways or to the nearest curb cut. Establishments which cater to the elderly, ill or handicapped shall provide sufficient additional parking spaces for the handicapped to adequately meet the maximum need.

§ 250-12.4. Loading space requirements.

Loading space shall be provided for appropriate uses to accommodate the specific needs for a business, as determined by the Zoning Administrator/Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-12.5. Enlargement of existing business or use.

Whenever an existing building or use is enlarged to the extent of 30% or more of the existing floor area, the entire building shall then and thereafter comply with the parking requirements set forth herein. Whenever a building is enlarged in floor area less than 30% of the existing floor area, additional spaces shall be provided upon the basis of only the enlargement.

§ 250-12.6. Joint use of parking areas.

When it can be established that two businesses located on adjacent property operate at different hours, parking requirements may be shared jointly according to the maximum parking requirements of the two properties, provided there is a written agreement thereby assuring retention for such purposes and stating hours of operation. The agreement shall be properly executed by the owners of both properties, approved as to content and form by the City Attorney and Commission and filed with the application for a certificate of zoning compliance.

§ 250-12.7. Size of parking spaces.

A. 
A parking space must provide ingress to and egress from a public street without moving any other automobile. Ingress to and egress from an alley is permissible only for a single-family or duplex dwelling. All other parking must ingress to and egress from a public street.
B. 
Parking spaces shall be provided according to the following criteria:
Width of Aisle
Parking Angle
Stall Width
(feet)
Stall Base
(feet)
Stall Depth
(feet)
1-Way Traffic
(feet)
2-Way Traffic
(feet)
45°
9
14
21
13
24
60°
9
12
22
18
24
90°
9
9
19
27
27
Parallel
9
9
22
12
24

§ 250-12.8. Parking plan approval.

Detailed plans for on-street or off-street parking and driveway openings shall be submitted to the Zoning Administrator/Code Enforcement Officer for approval prior to construction. All curb cuts require approval from the Zoning Administrator/Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-12.9. Construction standards.

A. 
All parking spaces and areas provided under the provisions of this chapter, except those serving single-family residences, shall:
(1) 
Be paved with base course, asphalt or concrete as approved by the Zoning Administrator/Code Enforcement Officer.
(2) 
Afford adequate drainage. A drainage plan will be required for major developments, including parking, as determined by the Zoning Administrator/Code Enforcement Officer, and said plan must be approved by the Commission prior to issuance of a certificate of zoning compliance.
(3) 
Have bumper guards where needed.
(4) 
Be provided with necessary space and aisle safety markings.
(5) 
Be provided with landscaping for parking spaces and areas in compliance with the provisions of this chapter.
B. 
Parking spaces for single-family residences shall meet the review standards of the Zoning Administrator/Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article XIII. Signs, Walls and Fences

§ 250-13.1. Purpose.

The purpose of this article is to allow signs, wall and fences to be erected in such a manner as to not obstruct free and clear vision and create traffic hazards. It is also intended to regulate size in specific areas so as to not create blighted areas throughout the City. Walls and fences are allowed to permit security, privacy, and aesthetic improvement. Walls and fences are regulated, however, so as to not create traffic hazards.

§ 250-13.2. General sign regulations.

A. 
Illuminations. Sign illumination shall not flash, blink, vary in intensity, revolve or otherwise appear to be in motion. Sign illumination shall be indirect with the source of the light concealed from direct view.
B. 
Location. No sign shall be erected or maintained on or over public property except as specifically authorized by the Zoning Administrator/Code Enforcement Officer for:[1]
(1) 
Wall signs projecting over a front property line, where the building wall is less than one foot from the property line.
(2) 
Temporary signs as authorized by the Zoning Administrator/Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Safety.
(1) 
No signs shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
(2) 
No sign or other advertising structure as regulated by this chapter shall be erected along any streets in such a manner as to obstruct free and clear vision and create a traffic hazard.
(3) 
Signs shall not be located with less than six feet horizontal nor 12 feet vertical clearance from overhead electric conductors.
(4) 
No sign shall have movable parts or audible devices.
(5) 
Clear-sight triangle. There shall be no freestanding sign more than three feet in height above street curb level within the clear-sight triangle, measured 30 feet in both directions on the property line from the corner, or in the clear-sight triangle for primary entry and exit of a commercial property.

§ 250-13.3. Specific sign regulations by type.

A. 
Home occupation signs. A sign that identifies trade or services conducted within a residence shall be permitted, provided that it conforms to the following:[1]
(1) 
The sign shall not exceed two square feet in area (288 square inches).
(2) 
The sign shall not be illuminated.
(3) 
The sign shall be attached to the dwelling.
(4) 
Only one sign shall be allowed per dwelling unit.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Building sale or rental signs (a sign for identification, sale, or rental of an apartment or dwelling unit). Temporary signs such as those used for the sale or rental of real estate are addressed under § 250-13.3F.
(1) 
The sign shall not exceed 20 square feet in area or five feet in height.
(2) 
Each sign may be illuminated.
(3) 
The sign may be freestanding or wall-mounted.
(4) 
This sign must be located within the lot lines, excluding easements.
C. 
Trade and services signs (a sign located on private property that advertises, identifies or directs towards a use conducted on the same premises).
(1) 
The total aggregate of all faces or signs or combinations of signs allowed for the property on which the use is located shall not exceed 150 square feet of sign area except as stated herein.
(2) 
Businesses fronting on more than one street will be allowed an additional sign area equal to 50% of the sign area on the main street frontage.
(3) 
The height of a freestanding sign shall not exceed 26 feet. A sign mounted or attached to a building may not extend more than two feet above the building height.
(4) 
Not more than two signs are permitted on lots with street frontages of 60 feet or less. Not more than four signs are permitted on any lot regardless of size. A composite of small signs integrated into one framed unit shall constitute one sign.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Trade and services oriented toward interstate highway traffic and which are located within 300 feet of the termination of the interstate highway access control line at any on- or off-ramp shall be permitted one freestanding business sign consisting of one name and/or emblem, which shall not be included in the computation of total allowable sign area specified, but shall be included as one of the maximum number of signs allowed per business, provided:
(a) 
Such sign shall not exceed a total of 150 square feet in area per side.
(b) 
The height of such sign shall not exceed a maximum of 26 feet above ground level.
(6) 
On-premises signs directing customer traffic to a specific services area shall be allowed in excess of the number and square footage limitations, provided the aggregate area does not exceed 20 square feet.
(7) 
Axle-mounted or other similar portable signs are permissible for trade and service sign use. The aggregate of portable and other signs on a single private property shall not exceed the maximum number of signs and maximum square footage allowable elsewhere in this section. Portable signs shall not be located within six feet of the nearest street right-of-way or driveway entrance and shall not violate the clear-sight triangle requirements stated elsewhere in this article.
(8) 
Trade and services signs greater than 128 square feet must be approved by the City Council prior to erection and shall be considered a special use in any zone.
D. 
Advertising signs (a sign located on vacant private property).
(1) 
The total area of each face or side of such signs shall not exceed 72 square feet. Signs may be placed back to back.
(2) 
The maximum height of the sign shall not exceed 15 feet.
(3) 
No sign shall be nearer than 75 feet to any adjacent conforming residential property or within 12 feet of the nearest street right-of-way.
E. 
Billboards. Billboards as defined in Article XVI must be approved by the City Council prior to erection and shall be considered as a special use in any zone.
F. 
Temporary signs.
(1) 
Signs containing the message that the real estate on which the signs are located shall not exceed six square feet in area. They shall be removed within one week after sale, lease, or rental.
(2) 
Construction site identification signs shall not exceed 32 square feet in area. Such signs will be removed within seven days after final occupancy.
(3) 
Signs erected in connection to elections or political campaigns shall not exceed 20 square feet in surface area. Such signs may not be erected more than 45 days prior to the election and shall be removed within seven days following the election or conclusion of the campaign.
(4) 
Temporary signs not covered in the above categories must meet the following:
(a) 
No more than one sign per lot.
(b) 
No sign may exceed four square feet in surface area.
(c) 
No sign may be displayed for longer than three consecutive days.
(d) 
No signs shall be on public rights-of-ways or easements.
G. 
Sign removal. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building, lot or structure upon which such sign may be found.

§ 250-13.4. Sign permits.

Permits are not required for signs, except billboards and trade and service signs greater than 128 square feet. The Zoning Administrator/Code Enforcement Officer shall have the right to inspect all signs for compliance with this chapter and shall recommend to the City Council for action any sign that does not meet the requirements of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-13.5. Alteration of nonconforming signs.

No nonconforming sign that exceeds the height, size, or spacing limitations stated herein or is nonconforming in some other way shall be altered or modified unless said modifications bring it into compliance with this chapter.

§ 250-13.6. Fence and wall requirements.

A. 
Height.
(1) 
Residential. An eight-foot maximum height fence above ground surface level shall be permitted on any part of a yard, provided such fence is in accord with Subsection A(3) below.
(2) 
Commercial or industrial. An eight-foot maximum height fence above ground surface level shall be permitted on any part of a yard, provided such fence is in accord with Subsection A(3) below.
(3) 
There shall be no fence, wall or obstruction more than three feet above street curb level within the clear-sight triangle, measured 30 feet in both directions on the property line from a street corner, or in the clear-sight triangle for entry and exit of an off-street parking area which provides space for more than two vehicles.
(4) 
A wall retaining four or more feet of soil must be designed and stamped (signed) by a professional engineer registered in the State of New Mexico.
B. 
Exclusion from public right-of-way. No wall or fence shall be permitted in a public right-of-way.
C. 
Walls and fences for swimming pools. All swimming pools or yards in which swimming pools are located shall be completely enclosed by a wall or fence at least four feet in height.
D. 
Barbed-wire fences.
(1) 
Security fences. Barbed wire is not permitted except when located at least six feet above the highest adjacent ground surface.
(2) 
Other. Barbed-wire fence, other than security fences described above, is permissible only in RA and RR Districts.
E. 
Electrical field fence. Electrical field fence is permissible only in RA and RR Districts and shall be only utilized for livestock fence.
F. 
Exceptions.[1]
(1) 
Tennis courts may have walls or fences a maximum of 16 feet in height, provided they shall be located in the side or rear yard and shall be seven feet from any property line.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article XIV. Development Standards

§ 250-14.1. General development standards.

All lots, tracts, buildings and structures in the City shall be developed in accordance with this article and other related provisions of this chapter. All development standards of this chapter shall apply to each lot, tract, or parcel independent of all other lots, tracts, or parcels.

§ 250-14.2. Yard and lot standards.

Yards
Zone
Minimum Front Depth
(feet)
Minimum Rear Depth
(feet)
Minimum Side Width
(feet)
R-1
25
25
10
R-2
20
20
5 or 0*
R-3
20
15
5 or 0*
R-4
20
15
5 or 0*
C-1
20
15
5 or 0*
C-2
15
15
5 or 0*
M-1
15
15
5 or 0*
RA
40
40
20
RR
25
25
10
NOTES:
*
As permissible per §§ 250-14.3 and 250-14.4.
Lots
Zone
Minimum Area**
Minimum Width
(feet)
Maximum Height
(feet)
R-1
8,000 square feet
70
26
R-2, single-family
6,000 square feet
60
26
R-2, multiple-family*
2,500 square feet/unit
60
35
R-3, single-family
5,000 square feet
50
35
R-3, multiple-family
1,250 square feet/unit
50
35
R-4, single-family
5,000 square feet
50
26
R-4, multiple-family
1,250 square feet/unit
50
35
C-1
5,000 square feet
50
35
C-2
5,000 square feet
60
35
RA
3 acres
100
35
RR
1/2 acre
100
26
NOTES:
*
Minimum lot area for multiple-family dwellings is the same for a single-family dwelling within the same zone.
**
If a lot is not served by the municipal wastewater collection system, Environment Department minimum lot area requirements shall apply.

§ 250-14.3. Residential districts: additional provisions and exceptions.

The following provisions shall apply to all development in a residential zoning district:
A. 
Setback exceptions.
(1) 
A minimum side yard setback of zero feet in a residential district only, provided all the following requirements are met:
(a) 
The setbacks are authorized by the City Council as part an approved development.
(b) 
There shall be no less than 10 feet, including roof overhang, between structures, except approved condominium and townhouse developments with common-wall construction.
(2) 
The minimum setback distance shall be maintained for both front yards of a corner lot. A lesser setback for one front yard of a triple-frontage lot shall be considered upon application to the Commission for a variance.
(3) 
New dwellings may be erected as close to a front property line as the average distance established by existing dwellings on that side of the block, provided the lots on the same side of the block are 50% developed.
(4) 
An addition to a main dwelling shall be permitted as an extension of existing building lines which have nonconforming setbacks. Setbacks for such addition shall be the same as the main dwelling.
(5) 
There shall be a minimum setback of 7 1/2 feet for two-story buildings.
(6) 
There shall be a minimum setback of one foot for each foot in height of any building, other than a single- or two-family dwelling, abutting an R-1 or R-2 District.
B. 
Front-yard parking. Parking shall conform to the requirements of § 250-12.2A of this chapter.
[Amended 7-7-2014 by Ord. No. 14-05-19]
C. 
Minimum distance between structures. There shall be no less than 10 feet between buildings or structures located on the same lot, tract, or parcel.
D. 
Easement encroachments. There shall be no permanent structures located on easements without written approval of the City Council.

§ 250-14.4. Commercial and manufacturing districts: additional provisions and exceptions.

The following provisions shall apply to all development in a commercial or manufacturing district:
A. 
Setback exceptions.
(1) 
A zero-foot side yard shall be permitted only when: a building on the abutting side is at least five feet from the property line; or both buildings share a common wall on the side property line; or when the abutting property is undeveloped. Otherwise, a five-foot setback is required.
(2) 
There shall be a minimum setback of one foot for each foot in height of any building abutting a residential zoning district. There shall be at least a minimum distance of 30 feet maintained between any residential dwelling and any commercial or industrial structure.
(3) 
There shall be a minimum setback of 7 1/2 feet for two-story buildings.
B. 
Minimum distance between structures. There shall be no less than 10 feet between buildings or structures located on the same lot, tract, or parcel.
C. 
Private streets. All undedicated streets or private drives shall be a minimum of 24 feet in width.
D. 
New commercial and manufacturing buildings shall construct and maintain trash enclosures.
[Added 10-19-2015 by Ord. No. 15-08-17]
(1) 
Trash enclosures shall be constructed in a manner that prevents trash from becoming windborne.
(2) 
Trash enclosure building plans shall be approved by the City of Socorro Zoning Administrator.

§ 250-14.5. Mobile home parks (MHPs), mobile home subdivisions (MHSs) and recreational vehicle parks (RVPs): additional provisions and exceptions.

The following provisions shall apply to all MHPs, MHSs and RVPs:
A. 
Standards.
Minimum Development Area
(acres)
Minimum Space Area
(square feet)
Maximum Density
(per acre)
Maximum Height
(feet)
MHP
2
3,000
12
26
MHS
R-2 Zone
5
6,000
6
26
Other Zones
5
5,000
8
26
RVP
2
1,250
20
26
Minimum Distance
(feet)
Minimum Width of Lots or Spaces
(feet)
MH to MH
MH to Main Building
MH to Accessory Building
MHP
30
14
15
10
MHS
R-2 Zone
50
20
20
10
Other Zones
50
15
15
10
RVP
20
15
15
10
Yard Setbacks
(feet)
Minimum Front Depth
Minimum Rear Depth
Minimum Side Width*
MHP
15
10
10 (main entrance side)
MHS
R-2 Zone
20
20
5 (nonentrance side)
Other Zones
20
15
5
RVP
15
10
5
NOTE:
*
Whichever is greater, minimum distances between MH and other structure or minimum side width, shall govern.
B. 
Storage units. Storage units with a minimum volume of 300 cubic feet and a maximum volume of 600 cubic feet are required for each MHL. Such storage units may be placed adjacent to the MH or on the setback line.
C. 
Mobile home park (MHP) permissible dwellings. Permissible dwellings within MHPs are mobile homes (MHs), trailers, or recreational vehicles.
D. 
Private streets. Undedicated streets or private drives within a MHP, MHS or RVP shall be a minimum of 28 feet in surface width, not including curb and gutter if installed. Streets shall be paved with asphalt, concrete, double-penetration chip seal, or other appropriate surface as approved by the City.
E. 
Easement encroachments. Structures, mobile home spaces, or recreational vehicle spaces shall not be located within easements without written approval of the City Council.

§ 250-14.6. Landscaping and erosion control.

The landscaping standards stated in Article X of this chapter shall apply to most developments and improvements. For those developments not subject to the landscaping standards stated in Article X, properties shall either be maintained in their natural vegetative state or, if disturbed, yard grass or other measures shall be taken to control water and wind erosion.

§ 250-14.7. Telecommunications facilities and antennas.

[Amended 11-5-2001]
A. 
Intent. The intent of this section is:
(1) 
To provide a uniform and comprehensive set of standards for the development of commercial wireless telecommunications facilities and the installation of antennas.
(2) 
To protect and promote health, safety, community welfare, and the aesthetic quality of the City of Socorro.
(3) 
To protect the visual character of the City from the potential adverse effects of telecommunications facility development.
(4) 
To protect the environmental resources of the City of Socorro.
(5) 
To ensure that a competitive and broad range of telecommunications services and a high-quality telecommunications infrastructure are provided to serve the community.
(6) 
To create and preserve telecommunications facilities that will serve as an important and effective part of Socorro's emergency response network.
(7) 
To promote collocated, concealed, and visually unobtrusive wireless telecommunications facilities.
B. 
Installation of any and all cellular antennas, towers or other telecommunications facilities in any zone shall constitute a special use and shall receive final approval from the City Council following the procedure set forth in § 250-5.5.
C. 
Restrictions.
(1) 
Height restrictions by zone. (Note: For the purpose of this amendment, variance to height restrictions must be addressed with the special use permit.)
Zone
Height Restriction
(feet)
R-1
26
R-2
26
R-3
26
R-4
26
C-1
26
C-2
26
RR
26
RA
26
M-1
150
(2) 
All height restrictions are subject to the provisions of this chapter and state, federal and/or FAA regulations.
D. 
Construction standards.
(1) 
All towers shall meet the building code currently adopted and enforced by the State of New Mexico and the City of Socorro.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
All towers shall be able to withstand a wind of 75 miles per hour.
E. 
Setbacks. The minimum setback from any property line for a telecommunications tower or antenna shall be equal to the height of the tower or antenna.
F. 
Lighting. Only security lighting or lighting required by state and/or federal law is permitted. Lighting shall be in compliance with Article XV of this chapter.
G. 
Signage. The only signage permitted is that which is required by state or federal law.
H. 
Telecommunications equipment buildings or cabinets. These cabinets or buildings shall not exceed 400 square feet in gross floor area and shall not exceed 12 feet in height. Setbacks shall be in compliance with the setbacks for the zoning district in which the facility is located.
I. 
Collocation. No cellular antenna or tower shall be permitted unless the Zoning Administrator/Code Enforcement Officer or his/her designee determines, upon applicant's demonstration, that there exists a need for a new tower and that alternatives to the construction of a tower have been exhausted.
J. 
Abandonment. All wireless telecommunications facilities which are not in use for six consecutive months shall be removed by the owner. This removal shall take place within three months of the end of such six-month period. Upon removal, the site shall be renegotiated to blend with the existing surrounding vegetation.
K. 
Application requirements:
(1) 
A detailed site plan.
(2) 
An inventory of existing towers, owned by the applicant, and located within the boundaries of the City of Socorro or within 1,000 feet of the City boundary.
(3) 
Evidence of collocation plans.
(4) 
A letter of intent committing the tower owner and his/her/its successors to allowing shared use of the facility if an additional user agrees to meet reasonable terms and conditions of shared use.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Photographs of similar sites or computer-generated photos of what the site will look like when complete.
(6) 
A landscape plan compatible with the surrounding area.
L. 
Exclusions. The following facilities shall be exempt from the provisions of this section:
(1) 
Any towers or commercial antennas that were in existence prior to the date of adoption of this section.
(2) 
Emergency services wireless telecommunications facilities used exclusively for police, fire and operation of the City utilities.
(3) 
Any antenna used for AM, FM, or TV broadcasting.
(4) 
Any antenna or tower used exclusively for licensed operation in the amateur radio service.

§ 250-14.8. Drainage, grading and site plans.

A. 
Drainage, grading, and site plans shall be required for all developments over one acre or as otherwise required in this chapter. The Zoning Administrator/Code Enforcement Officer will require that the plans and associated information be prepared by a registered civil engineer.
B. 
On-site retention of all drainage created by a development may be required by the City Council upon recommendation by the Zoning Administrator/Code Enforcement Officer and the Commission.

§ 250-14.9. Development in flood hazard areas.

All development in flood hazard areas as designated on the City of Socorro Special Flood Hazard Area Boundary Maps or as otherwise designated by the Zoning Administrator/Code Enforcement Officer shall conform to the requirements set forth in Chapter 151, Flood Damage Prevention, of the Socorro City Code. The Zoning Administrator/Code Enforcement Officer shall require building pads and related construction to be raised or filled above the flooding danger level. The Zoning Administrator/Code Enforcement Officer shall also issue flood hazard development permits and shall maintain all records for public inspection and purchase of copies.

Article XV. Outdoor Lighting

§ 250-15.1. Purpose.

This article is intended to permit adequate lighting and promote public safety by encouraging the use of outdoor artificial illuminating devices which do not have a detrimental effect on astronomical observations resulting from the emission of undesirable light rays into the night sky. All outdoor lighting installations shall conform to the provisions of this article and all other related codes of the City of Socorro, specifically the Uniform Building Code (UBC), as amended, and shall require permits and inspection.

§ 250-15.2. Approved materials and methods of installation.

A. 
The provisions of this article are not intended to prevent the use of any material or method of installation not specifically proscribed by this chapter, provided any such alternate has been approved.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Zoning Administrator/Code Enforcement Officer may approve any such alternate, provided he/she finds that the proposed design, material or method is:
(1) 
Satisfactory and complies with the intent of this article; or
(2) 
Provides approximate equivalence to those specific requirements of this article.

§ 250-15.3. Definitions.

As used in this article, the following terms shall have the meanings indicated:
EXEMPT ARTIFICIAL ILLUMINATING DEVICES
Outdoor light-emitting sources which, because of their permanent location, type, or size, are exempted in Table A below, or are listed as excluded in § 250-15.8, Permanent exemptions, shall be considered exempt from all requirements of Article XV.
INDIVIDUAL
Any private individual, tenant, lessee, owner, or any commercial entity, including, but not limited to: companies, partnerships, joint ventures or corporations.
INSTALLED
The initial installation of an outdoor light fixture, as defined herein, following the effective date of this article, but shall not apply to those outdoor light fixtures installed prior to this date. Any installation of outdoor lighting fixtures shall be subject to an electrical permit and/or a building permit and conform to the Uniform Building Code and/or the National Electric Code.
OUTDOOR LIGHT FIXTURES
Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, or flood lights for:
A. 
Buildings and structures.
B. 
Recreational areas.
C. 
Parking lot lighting.
D. 
Landscape lighting.
E. 
Billboards and other signage (advertising or other).
F. 
Streetlighting.

§ 250-15.4. General requirements.

A. 
Shielding. All exterior illuminating devices, except those exempt from this article, and those regulated by § 250-15.6, Prohibitions, shall be fully or partially shielded ad required in Table A below.
(1) 
"Fully shielded" shall mean that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
(2) 
"Partially shielded" shall mean that those fixtures shall be mounted in such a manner that the uppermost edge of the shield is below the plane center line of the light source (lamp), minimizing light above the horizontal.
B. 
Low-pressure sodium. Low-pressure sodium lamps with shielding are strongly recommended for general use within the City of Socorro.
Table A
Requirements for Shielding and Filtering
Fixture Lamp Type
Shielded
Filtered4
Low-pressure sodium1
Partially
None
High-pressure sodium
Fully
None
Metal halide6
Fully
Yes
Fluorescent
Fully5
Yes2
Quartz3
Fully
None
Incandescent (greater than 150 watts)
Fully
None
Mercury vapor
Fully
Yes
Fossil fuel
None
None
Glass tubes filled with neon, argon, krypton
None
None
Other sources
As approved by planning staff
NOTES:
1
The preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2
Warm white and natural lamps are preferred to minimize adverse effects.
3
For the purposes of this article, quartz lamps shall not be considered an incandescent light source.
4
Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5
Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within; do not require shielding.
6
Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded; metal halide lamps shall be in enclosed luminaries.

§ 250-15.5. Submission of plans and evidence of compliance.

A. 
The applicant for a building permit involving outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices shall submit (as part of the application for the permit) evidence of compliance with this article. The submission may contain but not be limited to the following:
(1) 
Plans indicating location and type of illuminating devices, fixtures, lamps, other devices, etc.
(2) 
A description of the illuminating devices, outdoor fixtures, lamps and other devices. This description may include manufacturer's specifications, catalog descriptions, and drawings.
B. 
The above indicated plans and description shall be complete enough to indicate to the plan examiner compliance with the requirements of this article.
C. 
If devices, fixtures or lamps are submitted which are, by their nature or configuration, difficult to determine whether compliance exists, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.
D. 
Should outside light fixtures or lamps be substituted after the permit has been issued, a change must be submitted to the local jurisdiction for approval, with adequate information to assure compliance with this article.

§ 250-15.6. Prohibitions.

A. 
Searchlights. The operation of searchlights for advertising purposes within the City of Socorro is prohibited between 11:00 p.m. and 6:00 a.m. the following morning.
B. 
Recreational facility. No outdoor recreational facility (public or private) shall be illuminated by nonconforming means after 11:00 p.m. unless a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility was in progress prior to 11:00 p.m.
C. 
Outdoor building or landscaping illumination. The unshielded outdoor illumination of any building, landscaping, signage or other purpose is prohibited except with incandescent fixtures less than 150 watts.

§ 250-15.7. Temporary exemptions.

A. 
Any individual, as defined herein, may submit a written request to the Zoning Administrator/Code Enforcement Officer, on a form prepared by the Planning Department, for a temporary exemption to the requirements of this chapter.
B. 
Such exemption shall contain at least the following listed information:
(1) 
Specific exemption requested.
(2) 
Type and use of exterior light involved.
(3) 
Duration of time for requested exemption.
(4) 
Type of lamp and calculated lumens.
(5) 
Total wattage of lamp or lamps.
(6) 
Proposed location of exterior light.
(7) 
Previous temporary exemptions, if any.
(8) 
Physical size of exterior light and type of shielding provided.
C. 
In addition to the above data, the Zoning Administrator/Code Enforcement Officer may request any additional information which would enable the City Council to make a reasonable evaluation of the request for temporary exemption.

§ 250-15.8. Permanent exemptions.

A. 
Nonconformance. All outdoor light fixtures existing and fully installed prior to the effective date of this article may remain nonconforming indefinitely.
B. 
Fossil fuel light, produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.
C. 
Federal and state facilities. Those facilities and lands owned, operated and protected by the United State federal government or the State of New Mexico are exempted by law from all requirements of this article. Voluntary compliance with the intent of this article at those facilities is encouraged.

§ 250-15.9. Conflict with other codes.

Where any provision of any of the New Mexico State Statutes, or any federal law, or any companion ordinance within the City of Socorro comparatively conflicts with the requirements of this article, the most restrictive shall govern.

Article XVI. Definitions

§ 250-16.1. Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR USE
A subordinate building or use, the use of which is incidental to and customarily found in connection with the main building or use, and located on the same lot with the main building or use. An accessory use shall not exceed 1/4 of the use or area of the main business or building.
ADULT ENTERTAINMENT FACILITY
Any use, such as an adult bookstore, adult movie theater, or adult magazine racks, which has books, materials, movies, illustrations, or other activities which depict sexual or erotic behavior.
ALLEY
A public thoroughfare which affords only a secondary means of access to abutting property. An alley is not to be used for through traffic or as primary access to a property.
APARTMENT
A dwelling unit used exclusively for lease or rent as a residence.
ARTERIAL STREET
A street which accommodates large volumes of comparatively high-speed traffic from one area of the City to another.
ATTACHED
Any structure or building having a common wall with another structure or building.
BED-AND-BREAKFAST INN
An owner-occupied dwelling, other than a hotel, motel, tourist facility or boardinghouse, in which lodging or boarding is offered to the public for compensation and where food is available for those who are resident. A bed-and-breakfast inn shall offer short-term tourist-oriented lodging to the public, whereas a boardinghouse shall offer more permanent lodging to a non-tourist clientele.[1]
BILLBOARD
A freestanding pole sign at least 128 square feet in size and eight feet above the ground surface which advertises or directs attention to a business product, service, or event, not appurtenant to the use(s) of the property on which it is located.
BLOCK
Property bounded on one side by a street, railroad, right-of-way, waterway, unsubdivided area, or other definite boundary.
BOARDINGHOUSE
A dwelling, other than a hotel, motel, tourist facility, or bed-and-breakfast inn, where, for compensation and by prearrangement, food and/or lodging are provided for five or more persons, 18 years of age older, unrelated by blood or marriage, including sorority and fraternity houses.
BODY SHOP
A shop where vehicle exteriors are replaced and reconditioned. Waxing, prefabrication, stripping, or similar activity shall not be considered body work.
BUILDING
Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
BUILDING AREA
The area of a lot that is or may be occupied by buildings or structures pursuant to the requirement of this chapter.
BUILDING DEPTH
The depth of the lot remaining to be built upon after the required front and rear yards are provided.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING WIDTH
The width of the lot remaining to be built upon after the required side yards are provided.
CHILD-CARE CENTER
A commercial or publicly sponsored establishment for the day or night care of more than six individuals under the age of 18, not to include a halfway house.
CHURCH
Any religious, nonprofit organization with a membership of more than 10 persons. Any secular commercial use associated with a church that involves the sale of merchandise shall be subject to the requirements of this chapter pertaining to that use and shall not be considered as a church use for the purposes of this chapter.
CLEAR-SIGHT TRIANGLE
An area of unobstructed vision at street intersections, exits, or entrances over three feet above the finished grade of the street at the street corner which is bounded by:
A. 
The front street and side street lines of a corner lot and a line connecting points at a distance of 30 feet from the intersection of the property line of such lot.
B. 
The curbline of an intersection and a line connecting points at a distance of 40 feet from the corner of the intersection.
CLINIC
An establishment where patients are not lodged overnight, but are admitted for examination or treatment by a physician, chiropractor, dentist, optometrist, or group that is practicing together. As used in this chapter, "clinic" does not refer to a veterinarian clinic.
CLUB
Buildings and facilities owned or operated by a corporation, association, person or persons for a social, intellectual, educational, or recreational purpose, but not for profit; includes a lodge.
COLLECTOR STREET
A street which carries moderate volumes of traffic from local or minor residential streets to arterial streets and highways, and is labeled as a major street in the City Street Plan.
CONDITIONAL USE
A use that is considered compatible to a permitted use and is described as conditional in specific zones in Article VIII of this chapter. A conditional use shall limit and/or restrict those uses which would otherwise be permitted by right within a zone.
CONDOMINIUM
A residential, professional, commercial, official, or industrial development in which each unit is owned individually, whether the unit includes air space, walls, floors, or any combination thereof, and in which other areas and facilities within the development are owned and maintained jointly by a group, association or corporate entity. The ground beneath each unit is owned in common by the group, association, or corporate entity.
CONVENIENCE STORE
A retail sales establishment dealing primarily in groceries and sundry items which is typically open approximately 16 hours per day, seven days per week.
CUL-DE-SAC
A minor street with one outlet, the end of which provides a circular turnaround.
DEDICATED EASEMENT
A public easement that is dedicated for public use and is recorded as such in the office of the County Clerk. (See "easement.")
DETACHED
A unit, building, or structure that is apart or separate from another.
DISTRICT
Any zone of the City of Socorro within which certain zoning and land use requirements are specified and are uniform, and which is designated on the Zoning Map.
DUPLEX
A building arranged, intended or designed to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.
DWELLING
A building or unit thereof designed and used exclusively for residential occupancy.
DWELLING, MULTIPLE-FAMILY
A building or buildings designed for three or more families occupying separate, attached or detached living units.
DWELLING, SINGLE-FAMILY
A dwelling designed for and occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building or buildings designed for two families occupying separate, attached or detached living units.
EASEMENT
A nonpossessory interest held by one person, party, or entity in land of another, whereby that person is accorded particular use of such land for a specific use and enjoyment of his/her land. (See "dedicated easement.")
FAMILY
Persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.
FLEA OR OPEN MARKET
An open-air market in which spaces are rented or leased for the purpose of selling secondhand articles and home crafts.
FLOOR AREA
The gross square feet of a floor area within a building or portion thereof. For the purpose of this chapter, "floor area" and "gross floor area" shall be the same, and shall be based on the outside dimensions of a building as shown on a plot plan, and shall include interior balconies, mezzanines, stairwells, storage areas, mechanical equipment areas and basements.
FRONTAGE
Property on one side of a street measured along the line of the street.
GARAGE, PRIVATE
An accessory building designed or used for the storage of not more than three motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial motor vehicle of not more than two tons' capacity.
GARAGE, PUBLIC
A building, or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively for housing four or more motor-driven vehicles.
GASOLINE STATION or SERVICE STATION
A business where the primary use is sale of motor vehicle fuels at retail prices.
GRADE
The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
GROUND SURFACE LEVEL
That surface of a yard which directly abuts a wall, fence, building, or structure, or the average grade level, whichever is most appropriate.
HALFWAY HOUSE
A residential facility located in a structure or dwelling or any living unit thereof designed, used, or intended to be used as human habitation, with a principal use or goal of recovery or counseling from any physical, mental, emotional, penal, or legal infirmity in a family setting as part of a group rehabilitation or recovery program.
HISTORIC DISTRICT
A geographically and culturally distinct area within the City of Socorro which is documented as dating from a particular significant period in history of the City and is associated with outstanding historical personages, events and/or an architectural style.
HOME OCCUPATION
Any occupation or profession carried on by a member of a family residing on the premises and permitted in accordance with § 250-5.3 of this chapter. Signs used in conjunction with a home occupation shall conform to the requirements set forth in § 250-13.3A of this chapter.[2]
HOTEL
A building in which lodging or boarding is offered to the public and in which room assignments are made for compensation and in which entrance to and exit from all rooms is made through an inside lobby or office supervised by a person in charge at all times.
IMPERVIOUS SURFACE AREA
The ground area of a lot, tract, or parcel that is not penetrable by water, including, but not limited to, buildings, structures, pavement, sidewalks, and certain land covers for landscaping.
JUNKYARD
The use of a premises of any size for the storage, handling, dismantling, wrecking, keeping, or sale of wrecked or discarded automobiles and/or other vehicles and parts thereof, or for the storage of wood, plastic, fiber, or any other tangible scrap materials.
KENNEL, COMMERCIAL
Any premises on which eight or more dogs, and/or eight or more cats, four months of age or older, are kept; and/or where the business of buying, selling, breeding, training, or boarding of dogs and/or cats is conducted; does not include veterinary hospitals, humane societies, or animal shelters or pounds approved by a governmental agency.
KENNEL, PRIVATE (RESIDENTIAL)
Any premises on which more than two dogs or two cats, or any combination thereof in excess of two animals, but not more than seven in number, four months of age or older are kept, and where the business of buying, selling, breeding, training, or boarding of dogs and/or cats is not carried on for primary business purposes.
LANDMARK SITE
A site which has been determined to be historically significant and worthy of preservation.
LESS RESTRICTIVE DISTRICT OR ZONE
A district in which the uses, requirements and development standards are predominantly less intensive or are limited to a lesser extent than other districts. For example, an R-3 District is less restrictive than an R-1 District.
LOT
A portion of a legally platted subdivision that is shown as a lot, tract, or parcel of land and held in separate ownership, as shown on the record of the County Assessor. A "legal lot" is a parcel that has been divided in accordance with present or past zoning and subdivision requirements.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT OF RECORD
A legal lot, tract, or parcel, the map or deed of which has been recorded in the office of the County Clerk of Socorro County prior to the effective date of this chapter.
LOT SPLITS
The subdivision or division of a lot, tract or parcel of land into separate lots, tracts or parcels.
LOT, TRIPLE-FRONTAGE
A lot fronting on three streets.
LOT WIDTH
The width of a lot at the front property line.
LUMBERYARD
A business enterprise or storage facility the primary purpose of which is the sale or storage of lumber in large quantities.
MAIN BUILDING
The primary building or buildings on a lot used for any use.
MANUFACTURED HOUSING
A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety standards of 1974 (42 U.S.C. § 5401 et seq.) and the Housing and Urban Development Zone Code II, or the Uniform Building Code (UBC), as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article 14), with the regulations made pursuant thereto, relating to ground-level installation and ground anchors.
MINI-STORAGE UNIT
Small storage units, each used for the sole purpose of domestic storage for individuals and strictly prohibiting the use for a business activity.
MOBILE HOME (MH)
A movable or portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes, but does not include structures built to the standards of any municipal building code or other technical code.
MOBILE HOME LOT (MHL)
A privately owned parcel of land within a mobile home subdivision, including required yards, parking areas, attached and/or detached accessory buildings and open spaces, used or intended to be used for setting up one mobile home. MHLs are the subdivided parcel of mobile home subdivisions and can be sold, fee simple, to prospective owners.
MOBILE HOME PARK (MHP)
A privately owned tract of land at least two acres in size and in which mobile home and trailer spaces may be rented or leased for long-term residential use. It is also known as a "mobile home court" or "trailer court."
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 (MHS)
A tract of land at least five acres in size, subdivided into mobile home lots designed for long-term residential use, with public streets and utilities for mobile homes.[3]
MORE RESTRICTIVE DISTRICT OR ZONE
A district in which the uses, requirements, and development standards are predominantly more intensive or are limited to a greater extent than other districts. For example, an R-1 District is more restrictive than a R-3 District.
MOTEL (MOTOR COURT, MOTOR HOTEL, MOTOR LODGE)
A building or buildings in which lodging and/or boarding are offered to the public for compensation, and which has separate entrance to the exterior from each unit with at least one parking space for each unit.
NONCONFORMING USE
The use of land or a building, or a portion thereof, which does not conform to the current land use regulations of the zoning district in which it is located.
NUISANCE
The use of property or land which creates unusual, unnecessary or undue problems or situations for persons in the vicinity that would not have normally occurred otherwise.
OFF-SITE MANUFACTURED HOME
A mobile home (MH), modular home or manufactured home.
OPEN SPACE
That area of a lot, tract or parcel not devoted to any building or structure.
PARKING LOT
A parcel of land devoted to unenclosed parking spaces.
PARKING SPACE
A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
PERMANENT ACCESSORY BUILDING
A building or structure which is permanently attached to a slab or foundation, the use of which is clearly incidental to the main building and which is located on the same lot. An accessory building shall not be used for a business or dwelling.
PORCH
A roofed patio entrance or exit area, open on at least one side.
PROFESSIONAL OFFICE
The office of a physician, dentist, attorney, accountant, or similarly trained persons that have a low traffic volume.
PROPERTY LINE
The official boundary of a parcel, lot or tract of land as designated by either a metes-and-bounds description or subdivision plat filed in the records and maps of the County Clerk.
PUBLIC RIGHT-OF-WAY
Land area deeded, reserved or otherwise acquired by the City, the county or the State of New Mexico for public use or any other public entity.
QUASI-INSTITUTIONAL HOUSE
Same as "halfway house."
A. 
Travel trailers, camping trailers, fifth-wheel trailers, and all other vehicles that are constructed to include a chassis, integral wheels and a towing hitch, and are primarily designed or constructed to provide temporary, readily moveable living quarters for recreation, camping or travel uses.
B. 
Pickup campers, either mounted or non-mounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping or travel uses.
C. 
Chassis mount, motor home, mini-motor home or other recreational structure or vehicles constructed integrally with a truck or motor van chassis and incapable of being separated therefrom, and designed to be used for moveable living quarters for recreational, camping or travel uses.
D. 
Recreational vans or converted and chopped vans or other vehicles which are either initially constructed or converted to contain living quarters for recreational, camping, or travel uses.
RECREATIONAL VEHICLE PARK (CAMPER PARK)
A facility, at least two acres in size, designed to accommodate overnight parking of recreational vehicles, campers, and travel trailers.
REGISTERED BUILDING OR STRUCTURE
A building or structure which has been officially designated as an historic site on the National Register of Historic Places or the New Mexico Register of Cultural Properties.
RESIDENCE, DUPLEX
A building containing two dwellings units which share a common wall.
RESIDENCE, MULTIFAMILY
A building containing three or more dwelling units.
RESIDENCE, SINGLE-FAMILY
A single detached building containing one dwelling unit located on a lot with no other dwelling units.
RESIDENTIAL STREET
A street of relatively short length and width that provides direct access to a limited number of abutting residential properties, and is designed to discourage its use for through traffic, designated as a local street on the City Street Plan.
ROOF
An overhead structure used for protection or shielding from the sun, rain, or other elements of weather.
SCHOOL, COMMERCIAL
A school, conservatory, or business operated for a profit which is not approved by the state as a kindergarten, elementary, or secondary school, and where the primary function is instruction or teaching.
SCREENING AND BUFFERING
The use of walls, thick shrubbery or similar materials to minimize the potentially adverse impact of one land use on another.
SPECIAL USE
A specific land use of unusual character or potentially incompatible in an area and which requires City Council approval for its use on one specific parcel of land, such use being subject to a particular set of conditions as approved in accordance with the provisions of this chapter, and not permitted by right in a zoning district.
SPOT ZONING
The singling out of a lot or small area for a zoning change which is out of harmony with the Comprehensive Plan and surrounding land to secure special benefits for a particular property owner without regard for the rights of landowners.
STORY
A single-level area between a floor and its ceiling, excluding all subterranean building area.
STREET CURB LEVEL
A level measured from street surface to the top of an abutting curb.
STREET LINE
The outermost boundary or property line of a street surface or the top of an abutting curb.
STREET, PRIVATE
A private roadway which affords the traffic circulation within a development or parcel of land, and gives access to apartments, townhouses, condominiums, offices or businesses.
STREET, PUBLIC
A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE
Anything constructed or erected between the ground and the sky, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.
TEMPORARY ACCESSORY BUILDING
A building or structure which is not attached permanently to a foundation, the use of which is clearly incidental to the main building and which is located on the same lot. An accessory building shall not be used for a business or dwelling.
THOROUGHFARE
A road giving public access to a property or parcel of land.
TOTAL HEIGHT
The distance between the ground surface level of a building or structure and the highest point of the structure.
TOWER
A vertical structure whose principal function is to support an antenna.
TOWNHOUSE
Any single-family dwelling unit, including the land underneath, designed to be sold (fee simple) as a unit, but forming one of a group or series of two or more attached dwellings separated from one another by common property lines, but limited to a maximum of 10 attached units in one group.
TRAILER (HOUSE-TYPE)
Any movable or portable housing structure which does not conform to the definition of a recreational vehicle or to the minimum size requirements for a mobile home.
TRANSIENT VENDOR
One who sells retail goods/services for profit on a transitory basis not associated with an existing permanent business, excluding fireworks vendors, carnivals, farmer's markets, and public festival or fiesta vendors.
[Added 2-7-2005[4]]
UNIT
When used in connection with residential zoning, a dwelling designed for and occupied exclusively by one family.
USABLE OPEN SPACE
Open space within a lot, tract, parcel or development site, excluding areas devoted to roadways and parking. At least 1/2 of all areas designated as usable open space must have a slope of less than 10%.
USE
The purpose for which land or a building is arranged, designed, maintained or occupied.
WAREHOUSE
A building used primarily for storage of products or wares, in conjunction with retail stores, not including accessory uses, such as storerooms or stockrooms. Mini storage or self-storage of household goods and similar uses shall not be construed as a warehouse use.
YARD
The space on a lot unobstructed by buildings from the ground to the sky, including sidewalks, driveways, patios, and other ground-level surfaces.
YARD, FRONT
The required yard between the front property line and a building or structure.
YARD, REAR
The required yard between a rear property line and a building or structure.
YARD, SIDE
The required yard between the side property line and a building or structure.
ZERO-LOT LINE
Construction of a building where the edge of the building is coincident with the neighbor's property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: This ordinance also provided that as of 7-1-2005, all property which houses transient vendors will require a special use permit.