Skip to code content (skip section selection)
Compare to:
Albuquerque Overview
Albuquerque Code of Ordinances
Charter of the City of Albuquerque
Administrative Instructions
Albuquerque Table of Resolutions
Albuquerque Code of Resolutions
Integrated Development Code
Personnel Rules and Regulations
4-3   USE-SPECIFIC STANDARDS
4-3(A)   GENERAL
   4-3(A)(1)   Each activity required to have a license, permit, or approval to operate from the State or federal government or any other governmental or quasi-governmental entity, or required to have a City business license to operate, shall maintain that license, permit, or approval in effect at all times, and shall comply with the requirements of that license, permit, or approval.
   4-3(A)(2)   All uses shall comply with City ordinances regulating noise, odors, vibration, glare, heat, and other nuisance conditions affecting other properties, as well as the requirements of Section 14-16-5-13 (Operation and Maintenance) unless specifically exempted from one or more of those requirements.
   4-3(A)(3)   All uses and associated regulations approved through SU-1, PD, PC, or a specific Site Plan processes prior to the effective date of this IDO shall remain valid.
4-3(B)   RESIDENTIAL USES
   4-3(B)(1)   Dwelling, Single-family Detached
   4-3(B)(1)(a)   In the R-A and R-1 zone districts, only 1 single-family detached dwelling is allowed per lot unless the units are part of a cottage development, in which case the provisions of Subsection 14-16-4-3(B)(3) apply.
   4-3(B)(1)(b)   If the single-family detached dwelling meets the definition of a manufactured home, and the dwelling is not located in an R-MC zone district, the manufactured home shall meet the following standards:
      1.   Each manufactured home shall comply with the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC. Sec. 5401).
      2.   When used as a residence, only 1 manufactured home may be located on a lot.
      3.   Each manufactured home shall be installed on a permanent foundation with an anchorage and tie-down constructed to meet the requirements of with Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) or the manufactured home installation code.
      4.   All Development Standards applicable to other single-family detached dwellings in the zone district where the manufactured home is located shall apply to this use.
   4-3(B)(1)(c)   If the single-family detached dwelling meets the definition of a manufactured home, and the dwelling is located in an R-MC district, the provisions of Subsection (a) above do not apply, and the provisions of Subsection 14-16-2-3(C) (Residential – Manufactured Home Community Zone District (R-MC)) shall apply.
   4-3(B)(2)   Dwelling, Cluster Development
   4-3(B)(2)(a)   Minimum project size for this use is 1 acre.
   4-3(B)(2)(b)   Zone district lot and setback requirements, including contextual standards in Subsection 14-16-5-1(C)(2), shall apply to the project site as a whole, but not to individual dwellings.
   4-3(B)(2)(c)   The number of dwelling units is determined by dividing the area of the project site by the minimum lot size allowed in the zone district, rounded down to the nearest whole number.
      1.   Cluster developments comprised of more than 20 dwelling units shall be comprised of cluster groups.
         a.   A cluster group shall not exceed 15 dwelling units.
         b.   Each cluster group shall be separated by common open space or usable open space at least 50 feet in length and width.
      2.   In the Los Duranes – CPO-6, the number of dwelling units in a cluster development shall not exceed 20.
   4-3(B)(2)(d)   If the zone district allows two-family detached (duplex) dwellings, a cluster development may include that dwelling type.
   4-3(B)(2)(e)   The cluster development project site shall include common open space set aside for agriculture, landscaping, on-site ponding, outdoor recreation, or any combination thereof allowed in the zone district, and for the use and enjoyment of the residents.
      1.   The common open space area shall be 30 percent of the gross area of the project site or 100 percent of the area gained through lot size reductions, whichever is greater.
      2.   No structure is allowed in any required common open space except shade structures or structures necessary for operation and maintenance.
      3.   Any required common open space shall have a minimum length and width of 35 feet.
      4.   Required common open space may be walled or fenced but shall be partially visible from a street through openings in, and/or with trees visible above, the wall or fence.
      5.   Common open space may be dedicated to the City as Major Public Open Space if accepted by the Open Space Division of the City Parks and Recreation Department.
      6.   Maintenance for common open space areas is the responsibility of the property owner, unless those areas are dedicated the City, pursuant to Subsection 14-16-5-13(B) (Maintenance Standards).
 
   4-3(B)(2)(f)   The cluster development shall be designated on a Site Plan and plat with each dwelling on an individual subdivided lot, and any required common open space shall be on separate subdivided lot(s) or easement(s).
   4-3(B)(3)   Dwelling, Cottage Development
   4-3(B)(3)(a)   The maximum project size for a cottage development is 2 acres.
   4-3(B)(3)(b)   The minimum project size for a cottage development is as follows:
      1.   General: 1 acre.
      2.   In UC-MS-PT areas or within 1,320 feet (¼ mile) of UC-MS-PT areas: 10,000 square feet.
      3.   Outside of UC-MS-PT areas, if granted a Conditional Use approval pursuant to Subsection 14-16-6-6(A): 10,000 square feet 70
   4-3(B)(3)(c)   Cottage developments shall be measured in square feet of residential gross floor area rather than in the number of dwelling units.
      1.   In all zone districts, a cottage development shall have no more than the total residential gross floor area that would be allowed on an equal size property in the same zone district for single-family detached development. This is calculated by first determining the number of lots that would be allowed in that zone district, assuming the minimum lot size established in Table 5-1-1. That number is then multiplied by 2,000 square feet, an assumed size of a typical single-family dwelling, to determine the maximum residential gross floor area.
         a.   When the calculation of the number of lots that would be allowed on the site based on the minimum lot size for the zone district results in a fraction of a lot, the number of lots used to calculate the maximum total residential gross floor area shall be rounded down to the nearest whole number.
         b.   In the R-T or R-ML zone districts, for which minimum lot sizes are established for different residential uses, the calculation of the number of lots that would be allowed shall be based on the minimum lot size for the relevant low-density residential use (i.e. single-family or two-family detached dwelling if the cottage development will consist of single-family or two-family detached dwellings or townhouse dwelling if the cottage development will consist of townhouse dwellings).
         c.   In the MX-T zone district, for which minimum lot sizes are not established in Table 5-1-2, the calculation of the number of lots that would be allowed shall be based on the minimum lot sizes established for the R-ML zone district in Table 5-1-1 for the relevant low-density residential use (i.e. single-family or two-family detached dwelling if the cottage development will consist of single-family or two-family detached dwellings or townhouse dwelling if the cottage development will consist of townhouse dwellings).
      2.   Any combination of dwelling units of different sizes that total no more than the maximum total residential gross floor area would be allowed on the project site, with the following exceptions:
         a.   The maximum size of each dwelling unit is 1,200 square feet of gross floor area.
         b.   In the R-A and R-1 zone districts, the minimum size of each dwelling unit is 650 square feet of gross floor area.
         Example:
         On a 1 acre site in the R-A zone district, 4 lots would be allowed, given the minimum lot size of 10,890 square feet (1/4 acre) in the R-A zone district.
         Multiply the 4 lots allowed by 2,000 square feet. The site would be allowed 8,000 square feet of residential gross floor area. For example, 8 dwelling units of 1,000 square feet each would be allowed.
   4-3(B)(3)(d)   Zone district lot and setback requirements, including contextual standards in Subsection 14-16-5-1(C)(2), shall apply to the project site as a whole, but not to individual dwellings.
   4-3(B)(3)(e)   The development may contain a shared indoor community space for all residents in the development to use for activities, cooking, and/or dining. If a such a space is provided, the building area is not included in the maximum total residential gross floor area.
   4-3(B)(3)(f)   If individual cottage dwelling units do not have kitchens, a shared community space with a kitchen in a fully enclosed portion of a building accessible to all residents shall be provided.
   4-3(B)(3)(g)   Homeowners association or other recorded documents shall require that any the sale of individual dwelling units also include an associated interest in shared or common lands, structures or facilities and shall require the buyer’s continued responsibility for its share of those responsibilities.
   4-3(B)(3)(h)   Each project site shall maintain a landscape buffer at least 10 feet wide, meeting the requirements of Section 14-16-5-6 (Landscaping, Buffering, and Screening) along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.
   4-3(B)(3)(i)   In the R-A and R-1 zone districts, 30 percent of the gross area of the project site shall be usable open space. Open balconies and rooftop decks shall not count toward this requirement.
   4-3(B)(3)(j)   If the zone district allows two-family detached (duplex) or townhouse dwellings, a cottage development may include those dwelling types.
   4-3(B)(4)   Dwelling, Two-family Detached (Duplex)
   4-3(B)(4)(a)   Where this use is allowed and the 2 dwelling units are on separate lots, interior side setbacks required by the zone district shall not apply to any lot line where the 2 units share a common wall.
   4-3(B)(4)(b)   This use is prohibited in the R-1 zone district, except in R-1A where 1 two-family detached dwelling is permissive on 2 lots where the building straddles the lot line and each dwelling unit is on a separate lot. (See figure below.)
 
   4-3(B)(5)   Dwelling, Townhouse
   4-3(B)(5)(a)   For townhouse developments containing more than 6 dwelling units on a common lot, minimum usable open space shall be provided as follows:
      1.   Efficiency or 1 bedroom: 200 square feet per unit.
      2.   2 bedrooms: 250 square feet per unit.
      3.   3 or more bedrooms: 300 square feet per unit.
      4.   In UC-MS-PT areas, the minimum usable open space required shall be 50 percent of the requirements in Subsections 1 through 3 above.
   4-3(B)(5)(b)   The required side setbacks required by Part 14-16-5 (Development Standards) shall apply to the end units of each townhouse dwelling, and shall not apply to interior side lot lines where townhouse dwelling units share a common interior wall.
   4-3(B)(5)(c)   For properties on which the rear or side lot line abuts an R-A or R-1 zone district or on which the rear lot line is across an alley from an R-A or R-1 zone district, no townhouse dwelling may contain more than 3 dwelling units.
   4-3(B)(5)(d)   In any Mixed-use zone district west of the Rio Grande on properties abutting the public right-of-way of a Major Transit or Premium Transit Corridor, allowable uses in the Commercial category are required along at least 50 percent of the ground floor of the façade facing the Major Transit or Premium Transit Corridor.
   4-3(B)(6)   Dwelling, Live-work
   4-3(B)(6)(a)   The business operator must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use, including a business registration permit from the City.
   4-3(B)(6)(b)   The building and lot may be used for both a residence and a business that does not qualify as a home occupation being conducted by a resident of the building.
   4-3(B)(6)(c)   The building and lot may not be used for the following uses identified in Table 4-2-1: any use in the Agricultural or Animal-related category; any use in the Food, Beverage, and Indoor Entertainment category; any use in the Motor Vehicle-related category; any use in the Industrial Uses category except artisan manufacturing or outdoor storage; commercial services; construction contractor facility and yard; crematorium; mortuary; adult retail; or liquor retail.
   4-3(B)(6)(d)   A wall sign no more than 8 square feet in size or as allowed by the underlying zoning, whichever is lesser, and located no higher than the top of the ground floor of the building is allowed.
   4-3(B)(7)   Dwelling, Multi-family 71 3
   4-3(B)(7)(a)   In DT-UC-MS areas, this use shall provide somewhere on the lot at least 1 tree per ground floor dwelling unit, in addition to meeting all applicable standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening):
   4-3(B)(7)(b)   In other areas, this use shall meet the following landscape standards, in addition to all applicable standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening).
      1.   This use shall provide, somewhere on the lot, at least 1 tree per ground floor dwelling unit and at least 1 tree per second floor dwelling unit; no additional trees are required for additional dwelling units on the third or higher floors.
      2.   Twenty-five (25) percent of the net lot area shall contain landscaping; playgrounds, sports courts, swimming pools, or similar features may count up to 10 percent of net lot landscaping. Tree canopies and ground-level plants shall cover a minimum of 75 percent of the total landscaped area, and the maximum a tree canopy shall count toward this requirement is 600 square feet.
      3.   Cool season grasses are restricted to 20 percent of the landscape area. Warm season grasses may cover up to an additional 70 percent of the landscape area.
   4-3(B)(7)(c)   At least 50 percent of the trees required by Subsection (a) or (b) above shall be deciduous canopy-style shade trees or coniferous trees capable of attaining a mature canopy diameter of at least 25 feet.
   4-3(B)(7)(d)   No more than 40 percent of required usable open space can be private to a household or occur on upper stories of the project buildings unless the site is located in a DT-UC-MS-PT area or is 660 feet or less in any direction of an NR-PO zone district or Major Public Open Space.
   4-3(B)(7)(e)   In any Mixed-use zone district west of the Rio Grande on properties abutting the public right-of-way of a Major Transit or Premium Transit Corridor, allowable uses in the Commercial category are required along at least 50 percent of the ground floor of the façade facing the Major Transit or Premium Transit Corridor.
   4-3(B)(7)(f)   In the MX-L and MX-M zone districts in the North I-25 – CPO-10, this use is prohibited on the ground floor.
   4-3(B)(7)(g)   This use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) if located on the ground floor of any building in the Downtown Center in any zone district other than MX-FB-ID or in the Volcano Heights Urban Center. 73
   4-3(B)(8)   Community Residential Facility, Small or Large 5
   4-3(B)(8)(a)   This use must comply with all applicable local, State, and federal regulations.
   4-3(B)(8)(b)   Each community residential facility occupying a structure originally designed for a use in the Household Living category shall comply with the Development Standards in Part 14-16-5 applicable to the zone district in which it is located.
   4-3(B)(9)   Group Home, Small, Medium, or Large 75
   4-3(B)(9)(a)   This use must comply with all applicable local and State regulations.
   4-3(B)(9)(b)   This use is prohibited within 1,500 feet in any direction of any other group home.
   4-3(B)(9)(c)   The total number of group homes shall not exceed 30 in each City Council District.
4-3(C)   CIVIC AND INSTITUTIONAL USES
   4-3(C)(1)   Community Center or Library
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(C)(2) 7    Elementary or Middle School
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(C)(3)   High School
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(C)(4)   Hospital
   In the MX-M zone district, this use is limited to no more than 20 overnight beds and, if located within 330 feet of any Residential zone district, shall require a Conditional Use approval, pursuant to Subsection 14-16-6-6(A). 77
   4-3(C)(5)   Museum
   In any Residential or MX-T zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(C)(6)   Overnight Shelter
   This use is prohibited within 1,500 feet in any direction of any other overnight shelter. 78
   4-3(C)(7)   Parks and Open Space
   4-3(C)(7)(a)   NR-PO-A or Other Zone District with a City-owned or City-operated Park
      1.   Parks and recreational facilities, including associated community buildings, lighting, parking areas, trails, play areas, playgrounds, exercise stations, basketball courts, restrooms, drinking water facilities, picnic shelters, storage sheds and enclosures, and any other structures or improvements approved by the City Parks and Recreation Department are allowed.
      2.   Parks are prohibited in certain areas within the Airport Protection Overlay Zone, pursuant to Section 14-16-3-3.
   4-3(C)(7)(b)   NR-PO-B or Other Zone District with City-owned or City-operated Major Public Open Space
   Areas designated as Major Public Open Space must comply with standards in the City Facility Plan for Major Public Open Space for the following types of facilities:
      1.   Open Space Preserve
      2.   Protected Undeveloped Open Space
      3.   Open Space Facilities
      4.   Open Space Trails
      5.   Special Use Area
   4-3(C)(7)(c)   NR-PO-C or Other Zone District with Parks or Open Spaces not Owned or Operated by the City
      1.   Parks, multi-use trails, play areas, playgrounds, exercise stations, basketball courts, restrooms, drinking water facilities, picnic shelters, storage sheds/enclosures, and other facilities generally included in parks (collectively referred to as “recreational facilities” for the purposes of this Subsection 14-16-4-3(C)(7)(c)) that are designed for routine use by the public (rather than organized sports) and designated to accommodate no more than 25 persons per acre of site area at any one time are allowed.
      2.   Ball fields, fields for organized sports, nighttime lighting facilities, spectator bleachers or seating, parking areas for more than 25 cars, and any facility or improvement intended to be used by a group of more than 25 people at any one time require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
      3.   Other facilities included in an approved Site Plan for the property are allowed provided that the property owner complies with any conditions attached to that approval.
      4.   Recreational facilities that are open for public use, including but not limited to play areas, playgrounds, and basketball courts, shall be built to City Parks and Recreation standards and subject to review and approval by City Parks and Recreation Department for compliance.
      5.   Recreational facilities that are not open for public use, including but not limited to play areas, playgrounds, and basketball courts, shall be built to any ADA standards applicable to private recreational facilities. Such facilities, particularly playgrounds, shall be enclosed with a wall or fence 5 feet or higher and accessed via a locked gate. Signage at the entrance of the recreational area shall indicate the entity with ownership and maintenance responsibilities, and lighting shall be provided so that the sign is visible after dark. The facility shall comply with the standards in Section 14-16-5-7 (Walls and Fences) and Section 14-16-5-8 (Outdoor and Site Lighting).
      6.   Dog parks shall be subject to regulations in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control).
      7.   Trails built in the NR-PO-C sub-zone may be paved or unpaved, except that multi-use trails must be paved. All trails shall be built to City standards as required by the Development Process Manual (DPM). The trails shall be maintained by the property owner or homeowners association. Signs shall be posted every ½ mile or at every intersection, whichever is closer, that indicate ownership and/or management and current contact information.
      8.   Parks, but not open space, are prohibited in certain areas within the Airport Protection Overlay Zone, pursuant to Section 14-16-3-3.
   4-3(C)(7)(d)   NR-PO-D (BioPark)
      Uses specified in the BioPark Master Plan as approved by the City Cultural Services Department are allowed.
   4-3(C)(8)   Religious Institution
   4-3(C)(8)(a)   Incidental activities, including but not limited to recreational, educational, and overnight shelter facilities, are allowed, provided that the following conditions are met:
      1.   All incidental facilities must be operated by the religious institution.
      2.   Overnight shelters must comply with all applicable State and local regulations for overnight shelters.
   4-3(C)(8)(b)   In the R-A, R-1, and R-T zone districts, this use is limited to facilities with a total of 40,000 square feet of gross floor area or less.
   4-3(C)(8)(c)   In the MX-T zone district, this use is limited to facilities with a total of 60,000 square feet of gross floor area or less.
4-3(D)   COMMERCIAL USES
   4-3(D)(1)   Community Garden
   4-3(D)(1)(a)   The maximum size of this use is 3 contiguous acres.
   4-3(D)(1)(b)   This use shall be limited to the propagation and cultivation of plants.
   4-3(D)(1)(c)   Accessory structures such as hoop houses, shade structures, and storage sheds are allowed, but no such structure shall be more than 8 feet in height or located closer than 10 feet to a property line, and the total area covered by structures shall not exceed 25 percent of the site area.
   4-3(D)(1)(d)   Operation of power equipment or generators shall not occur between the hours of 10:00 P.M. and 7:00 A.M.
   4-3(D)(1)(e)   The site drainage and maintenance must prevent water and fertilizer from draining onto adjacent property that is not part of the contiguous land in urban agricultural use.
   4-3(D)(1)(f)   Food products may be grown in soil native to the site if a composite sample of the native soil, consisting of no less than 5 individual samples, has been tested for lead content and the lead content in the soil is determined to be at or below the New Mexico direct-contact standards for lead; and the applicant demonstrates any of the following:
      1.   That the site has only been put to residential or agricultural use in the past through maps, deeds, prior permits, or a combination of those sources.
      2.   A composite sample of the native soil, consisting of no less than 5 individual samples, has been tested for metal content using the US EPA 3050B, 3051, or a comparable method and that the metals arsenic, cadmium, mercury, molybdenum, nickel, selenium, and zinc are at or below the thresholds listed in Table 4-3-1.
Table 4-3-1: Soil Testing Standards
Chemical Name
CASRN
Soil Exposure Direct Contact Residential Maximum (mg/kg)
Table 4-3-1: Soil Testing Standards
Chemical Name
CASRN
Soil Exposure Direct Contact Residential Maximum (mg/kg)
Arsenic, Inorganic
7440-38-2
5.5
Cadmium (Diet)
7440-43-9
98
Mercuric Chloride (and other Mercury salts)
7487-94-7
32
Lead and Compounds
7439-92-1
400
Mercury (elemental)
7439-97-6
3.1
Molybdenum
7439-98-7
550
Nickel Soluble Salts
7440-02-0
2100
Selenium
7782-49-2
550
Zinc and Compounds
7440-66-6
32000
 
   4-3(D)(2)   Equestrian Facility
   This use is prohibited within 300 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(3)   General Agriculture 10
   Livestock and birds are allowed, provided that the lot has an area of at least 1 acre and the following standards are met:
   4-3(D)(3)(a)   The number of cattle or horse does not exceed 1 for each 10,000 square feet of net lot area, and the number of sheep and goats does not exceed 1 sheep or goat for each 4,000 square feet of open lot area, or equivalent combination.
      1.   Animals under 4 months old are not counted.
      2.   For cows and horses in Residential other than R-A and Mixed-use Zone Districts, see Subsection 4-3(F)(3)(d).
   4-3(D)(3)(b)   Animals shall be so controlled that they cannot graze on any other premises.
   4-3(D)(3)(c)   Any building, pen, or corral for agricultural animals or birds is prohibited within 20 feet in any direction of any residential dwelling on the subject property or any adjacent lot.
   4-3(D)(4)   Kennel
   4-3(D)(4)(a)   In the MX-L and MX-M zone districts, this use shall be conducted within fully enclosed portions of a building.
   4-3(D)(4)(b)   In the MX-L and MX-M zone districts, any building that contains this use is prohibited within 25 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(4)(c)   In the NR-C, NR-LM and NR-GM zone districts:
      1.   This use must be conducted within fully enclosed portions of a building; within an area enclosed on all sides by a wall or fence at least 6 feet high, which must be opaque when it faces or abuts any zone district other than NR-C, NR-LM, or NR-GM; or a combination of these 2 options.
      2.   Fully enclosed portions of a building containing this use is prohibited within 25 feet in any direction of any Residential zone district or lot containing a residential use in a Mixed-use zone district.
      3.   Any areas where activities associated with this use are conducted outside of a fully enclosed portion of a building is prohibited within 50 feet in any direction of any Residential zone district or lot containing a residential use in a Mixed-use zone district.
   4-3(D)(5)   Veterinary Hospital
   4-3(D)(5)(a)   In the MX-T, MX-L, and MX-M zone districts, treatment of large animals, including but not limited to cattle, horses, sheep, goats, or pigs weighing over 100 pounds, is prohibited. Only treatment of dogs, cats, other domestic pets, and small animals is allowed.
   4-3(D)(5)(b)   In the MX-M and NR-C zone districts, outside exercise runs are allowed, provided that they are enclosed with an opaque wall or fence at least 6 feet high. Outside areas for occupancy by animals overnight are prohibited.
   4-3(D)(6)   Adult Entertainment or Adult Retail
   These uses are prohibited in the following locations:
   4-3(D)(6)(a)   Within 500 feet in any direction of any Residential zone district; lot containing any residential use in any Mixed-use zone district; religious institution; or elementary, middle, or high school.
   4-3(D)(6)(b)   Within 1,000 feet in any direction of another premises containing an adult entertainment or adult retail use. 80
   4-3(D)(7)   Auditorium or Theater
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(D)(8)   Bar, Nightclub, Restaurant, and Tap Room or Tasting Room
   4-3(D)(8)(a)   Alcohol sales for on-premises consumption is allowed, provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities.
   4-3(D)(8)(b)   These uses must comply with stormwater quality requirements found in the DPM.
   4-3(D)(8)(c)   These uses may include the retailing of related goods, such as shirts, caps, recipe books, mugs, and glasses as an incidental activity.
   4-3(D)(8)(d)   A restaurant use must comply with Part 9-10-1 of ROA 1994 (Solid Waste Collection), in particular the City's minimum specifications for waste enclosures for restaurant and food services to include a sanitary sewer drain.
   4-3(D)(8)(e)   In the MX-T zone district, these uses are limited to 10,000 square feet of gross floor area.
   4-3(D)(8)(f)   In the Old Town HPO-5, the following standards apply.
      1.   Bars and nightclubs are prohibited.
      2.   Restaurants are permissive in any Mixed-use zone district regardless of whether the use is permissive in the zone district citywide.
      3.   Where allowed, tap rooms or tasting rooms require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), unless accessory to a restaurant.
   4-3(D)(9)   Health Club or Gym
   In the MX-T zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(D)(10)   Mobile Food Truck Court 12
   4-3(D)(10)(a)   For purposes of this Subsection 14-16-4-3(F)(11), “operation” of a mobile food truck includes any activity involved with food preparation or sales.
   4-3(D)(10)(b)   The mobile food truck court operator must provide trash receptacles and hand-wash stations.
   4-3(D)(10)(c)   Mobile food trucks shall comply with all applicable City, State, and federal requirements, including but not limited to Part 9-6-5 of ROA 1994 (Health, Safety & Sanitation Code) and Part 9-9-4 of ROA 1994 (General Noise).
   4-3(D)(10)(d)   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food truck is operating outside of the business hours of on-premises uses.
   4-3(D)(10)(e)   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not obstruct any designated ingress or egress from the property, or any designated drive aisle.
   4-3(D)(10)(f)   This use shall be located on a permeable or impermeable paved surface. Ingress and egress areas shall be paved with an impermeable surface for a minimum length of 20 feet into the lot from the edge of the public right-of-way.
   4-3(D)(10)(g)   The use of generators is prohibited.
   4-3(D)(11)   Residential Community Amenity, Indoor
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(D)(12)   Other Indoor Entertainment
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(D)(13)   Bed and Breakfast
   4-3(D)(13)(a)   Alcohol sales for on-premises consumption is allowed, provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities.
   4-3(D)(13)(b)   Guest stays are limited to a maximum of 30 calendar days.
   4-3(D)(13)(c)   The use shall appear outwardly to be a single-family dwelling, with no evidence of business use other than allowed signs.
   4-3(D)(13)(d)   If allowed only as an accessory use, the owner of the Bed and Breakfast shall reside on-site as their permanent residence.
   4-3(D)(13)(e)   If this use is located in any Residential zone district, 1 non-illuminated sign up to 8 square feet in area is allowed per premises.
   4-3(D)(13)(f)   If located in any Residential zone district, only the following persons may eat meals in the bed and breakfast:
      1.   The resident household and their personal guests.
      2.   Resident guests.
      3.   Guests of resident guests.
      4.   Guests participating in meetings or other private events hosted by the facility when other overnight guests are not present, not to exceed the approved seating capacity of the facility. Special events on the premises that involve a total number of participants in excess of the approved dining area seating capacity shall be limited to 6 days in any calendar year.
   4-3(D)(14)   Campground or Recreational Vehicle Park 13
   4-3(D)(14)(a)   Minimum project size for a campground or recreational vehicle park is 1 acre.
   4-3(D)(14)(b)   The maximum gross density within a campground shall be 25 camp sites per acre. Land that is not accessible to campers shall not be included in the calculation of gross density.
   4-3(D)(14)(c)   All recreational vehicles or tents parked or attached to the ground for use as an overnight accommodation shall be on a camp site.
   4-3(D)(14)(d)   Each camp site shall provide parking spaces of adequate size to accommodate the vehicles allowed at the site. Each parking space shall be constructed so that no portion of the vehicle it is designed for shall extend onto any drive aisle within the campground.
   4-3(D)(14)(e)   Camp sites shall be set back a minimum of 20 feet from each property line.
   4-3(D)(14)(f)   Camp sites shall be screened on all sides by an opaque wall or vegetative screen at least 6 feet high unless they are set back at least 100 feet from any property line abutting a street.
   4-3(D)(14)(g)   This use shall be serviced by a private street system providing safe and convenient access to all camp sites or RV spaces, which shall be paved as required for off-street parking regulations in the DPM.
   4-3(D)(14)(h)   Water-flush toilets and urinals shall be provided and shall not be more than 300 feet in any direction of any camp site without an individual sewer connection.
   4-3(D)(14)(i)   Toilets and lavatories shall be provided as required by with Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code).
   4-3(D)(14)(j)   On any side of the premises adjacent to any Residential zone district, an opaque wall or fence at least 6 feet high is required.
   4-3(D)(14)(k)   A nonconforming campground and RV park use constructed prior to the effective date of this IDO is allowed as a permissive primary use. 83
   4-3(D)(15)   Hotel or Motel
   4-3(D)(15)(a)   In the MX-T zone district, this use is limited to a maximum of 15 guest rooms.
   4-3(D)(15)(b)   Additional standards in Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations) may apply.
   4-3(D)(16)   Car Wash
   4-3(D)(16)(a)   This use must comply with stormwater quality requirements found in the DPM.
   4-3(D)(16)(b)   A car wash building and any associated outdoor activities are prohibited within 50 feet in any direction of any Residential zone district or any lot containing a residential use in any Mixed-use zone district.
   4-3(D)(16)(c)   Within 330 feet in any direction of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(D)(16)(d)   Notwithstanding Subsection (b) above, this use is prohibited adjacent to Major Public Open Space.
   4-3(D)(16)(e)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area, pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 84
   4-3(D)(16)(f)   This use is prohibited in the following small areas as noted.
      1.   Downtown Neighborhood Area – CPO-3
      2.   Sawmill/Wells Park – CPO-12
      This use is prohibited in the MX-L zone district.
   4-3(D)(17)   Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair
   4-3(D)(17)(a)   This use must comply with stormwater quality requirements found in the DPM.
   4-3(D)(17)(b)   The lot must be graded and surfaced pursuant to DPM standards and shall be maintained in a level and serviceable condition.
   4-3(D)(17)(c)   This use must be screened as required by Subsection 14-16-5-6(G)(4) (Outdoor Storage Areas for Vehicles, Equipment, and Materials). The Planning Director may require a taller wall, fence, or vegetative screen to provide an adequate buffer for an abutting Residential zone district or lot containing a residential use in any Mixed-use zone district from the reasonably anticipated visual or noise impacts of this use.
   4-3(D)(17)(d)   For fueling station canopies, all under-canopy lighting shall be recessed so that no light lens projects below the canopy ceiling. The canopy fascia shall not be internally illuminated.
   4-3(D)(17)(e)   Vehicle repair, servicing, and maintenance shall be conducted within fully enclosed portions of a building.
   4-3(D)(17)(f)   Any building that contains vehicle repair, servicing, and maintenance is prohibited within 25 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(17)(g)   If located within 330 feet of any Residential zone district, this use shall require a Conditional Use Approval pursuant to Subsections 14-16-5-2(F) and 14-16-6-6(A).
   4-3(D)(17)(h)   This use is prohibited within 330 feet in any direction of Major Public Open Space.
   4-3(D)(17)(i)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area, pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 85
   4-3(D)(18)   Light Vehicle Fueling Station
   4-3(D)(18)(a)   No inoperable vehicles shall be stored outside a building at any time.
   4-3(D)(18)(b)   This use must comply with stormwater quality requirements found in the DPM.
   4-3(D)(18)(c)   When this use is located on a corner lot with access from both streets, it shall have no more than 1 access point per frontage. When this use is located mid-block or with access from only one street, it shall have no more than 2 access points from that street.
   4-3(D)(18)(d)   Access points shall be located no closer than 20 feet from any adjacent property that is not under common ownership.
   4-3(D)(18)(e)   Site access from a paved alley connecting to a public street is allowed provided that the access points from the site to the alley shall be a minimum of 25 feet from the intersection of the alley and the street.
   4-3(D)(18)(f)   For fueling station canopies, all under-canopy lighting shall be recessed so that no light lens projects below the canopy ceiling. The canopy fascia shall not be internally illuminated.
   4-3(D)(18)(g)   If located adjacent to any Residential zone district, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(D)(18)(h)   If located abutting or across an alley from any Residential zone district or lot containing a residential use in any Mixed-use zone district, an opaque wall, fence, or vegetative screen at least 6 feet high is required.
   4-3(D)(18)(i)   In the MX-L zone district, this use shall be located where vehicular access is only from a street designated as a collector, arterial, or interstate highway.
   4-3(D)(18)(j)   In the MX-M and higher zone districts, if located on a local street, this use is prohibited within 330 feet in any direction of a lot containing a residential use in any Residential or Mixed-use zone district.
   4-3(D)(18)(k)   This use is prohibited within 330 feet in any direction of Major Public Open Space.
   4-3(D)(18)(l)   In the MX-H zone district and/or in any zone district in UC-AC-MS-PT-MT areas, the fully enclosed portion of any building containing a retail use with 1,000 square feet or more of gross floor area shall have a maximum front setback of 15 feet. A canopy attached to the building with a common roof satisfies this standard. The requirements of Subsection 14-16-5-1(D)(2) do not apply to this use. 86 87
   4-3(D)(18)(m)   In UC-MS-PT areas, an opaque wall or vegetative screen at least 3 feet high shall be provided along all street frontages.
   4-3(D)(18)(n)   This use is regulated as noted in the following small areas.
      1.   Downtown Neighborhood Area – CPO-3
         a.   This use is prohibited in the MX-M zone district.
         b.   This use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) in the MX-L zone district.
      2.   East Gateway Small Area 88
      This use is prohibited in the following mapped small areas.
 
      3.   Railroad and Spur Small Area 89
      A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
      4.   Sawmill/Wells Park – CPO-12
      This use is prohibited in the MX-L zone district.
   4-3(D)(19)   Light Vehicle Repair
   4-3(D)(19)(a)   Storage of inoperative vehicles outside of the fully enclosed portions of a building is limited to 2 vehicles at any time, which may not be parked for more than 14 calendar days in a 1-year period.
   4-3(D)(19)(b)   This use must comply with stormwater quality requirements found in the DPM.
   4-3(D)(19)(c)   Painting and vehicle repair shall be conducted within fully enclosed portions of a building.
   4-3(D)(19)(d)   Any building that contains painting or vehicle repair is prohibited within 25 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(19)(e)   In any Mixed-use zone district, vehicle service and maintenance shall be conducted within fully enclosed portions of a building.
   4-3(D)(19)(f)   This use is prohibited within 330 feet in any direction of Major Public Open Space.
   4-3(D)(19)(g)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 90
   4-3(D)(19)(h)   This use is prohibited in the MX-L zone district in the Downtown Neighborhood Area – CPO-3.
   4-3(D)(20)   Light Vehicle Sales and Rental 91
   4-3(D)(20)(a)   Where allowed, incidental outdoor vehicle display, storage, or service and maintenance areas must be screened from any Residential zone district or residential component of any Mixed-use zone district located abutting or across an alley from those activities as required by Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(D)(20)(b)   In the MX-H zone district in UC-MS-PT areas, outdoor display or storage of vehicles is prohibited. Any outdoor display or storage of vehicles is prohibited within 25 feet of any Residential zone district or lot containing a residential use in any Mixed-use zone district. 92
   4-3(D)(20)(c)   In the MX-H zone district, incidental vehicle service and maintenance must take place in fully enclosed portions of a building.
   4-3(D)(20)(d)   Outdoor display, storage, and sales areas are prohibited within 50 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district and are prohibited within any required front setback area.
   4-3(D)(20)(e)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 93
   4-3(D)(20)(f)   This use is prohibited in the MX-L zone district in the Downtown Neighborhood Area – CPO-3.
   4-3(D)(21)   Outdoor Vehicle Storage
   All areas where vehicles are stored outside of a fully enclosed building must be screened from any adjacent Residential zone district or lot containing a residential use in any Mixed-use zone district as required by Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(D)(22)   Paid Parking Lot or Parking Structure
   4-3(D)(22)(a)   This use must comply with all standards in Section 14-16-5-5 (Parking and Loading).
   4-3(D)(22)(b)   This use is limited to the parking of motor vehicles and any allowable accessory or temporary use. No vehicle repair, vehicle sales, or other uses are allowed on the property.
   4-3(D)(22)(c)   Minor accessory structures, including but not limited to waste container and dumpster enclosures, bike lockers, bike share facilities, and an attendant/payment booth, are allowed on the property, but shall not be located in any required setback area.
   4-3(D)(22)(d)   Paid parking lots are regulated as noted in the following small areas:
      1.   Barelas – CPO-1
      Paid parking lots are prohibited in the Barelas – CPO-1.
      2.   Downtown Small Area 94
      Paid parking lots are prohibited in the following mapped small area.
 
      3.   Downtown Neighborhood Area – CPO-3
      Paid parking lots are prohibited in the Downtown Neighborhood Area – CPO-3.
      4.   Huning Castle Raynolds Addition Small Area 95
      Paid parking lots are prohibited in any Mixed-use or Non-residential zone district in the following mapped small area.
 
      5.   Los Duranes – CPO-6
      Paid parking lots are prohibited in the Los Duranes – CPO-6.
      6.   Martineztown/Santa Barbara – CPO-7
      Paid parking lots are prohibited in the Martineztown/Santa Barbara – CPO-7.
      7.   McClellan Park Small Area 96
      Paid parking lots require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) in the following mapped small area.
 
      8.   Nob Hill/Highland Small Area 97
      Paid parking lots are prohibited in the following mapped small area.
 
      9.   South Broadway Small Area 98
      Paid parking lots are prohibited in the following mapped small area.
 
      10.   South Martineztown Small Area 99
      Paid parking lots are prohibited in the following mapped small area.
 
   4-3(D)(23)   Bank
   The following standards apply only to small loan businesses:
   4-3(D)(23)(a)   Small loan businesses may not be located within 1 mile of any other small loan business.
   4-3(D)(23)(b)   If a small loan business is abandoned, discontinued, or ceases operation for a period of 1 year, it shall not be reestablished at that location if it is within 1 mile of any other small loan business.
   4-3(D)(23)(c)   Small loan businesses shall maintain a valid license under the New Mexico Small Loan Business Act from the New Mexico Regulations and Licensing Department at all times. Small loan businesses shall submit to the ZEO proof on an annual basis that they have renewed their license with the New Mexico Regulations and Licensing Department.
   4-3(D)(24)   Club or Event Facility
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(D)(25)   Construction Contractor Facility and Yard
   4-3(D)(25)(a)   This use may be conducted outside of a building.
   4-3(D)(25)(b)   All areas outside of a completely enclosed building where construction equipment or goods or vehicles are parked or stored or work is conducted must comply with requirements in Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(D)(25)(c)   If located within 330 feet of any Residential zone district, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(D)(26)   Medical or Dental Clinic
   4-3(D)(26)(a)   Facilities that dispense methadone as a primary activity are prohibited in the following locations:
      1.   Within 330 feet in any direction of any other facility that dispenses methadone as a primary activity.
      2.   Within 330 feet in any direction of a lot containing a religious institution.
      3.   Within 500 feet in any direction of an R-1 zone district.
      4.   Within 500 feet in any direction of a lot containing an elementary, middle, or high school.
   4-3(D)(26)(b)   Facilities that are considered a syringe exchange facility pursuant Article 9-15 of ROA 1994 (Syringe Exchange Facility Location) are allowed as part of this use, but are prohibited in the following locations:
      1.   Within 500 feet in any direction of any other syringe exchange facility.
      2.   Within 500 feet in any direction of a lot containing a religious institution.
      3.   Within 500 feet in any direction of a Residential zone district or a building containing a residential use in a Mixed-use zone district.
      4.   Within 1,000 feet in any direction of a lot containing an elementary, middle, or high school.
   4-3(D)(26)(c)   If located in an MX-T or MX-L zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(D)(27)   Personal and Business Services, Small or Large
   4-3(D)(27)(a)   The following provisions apply only to bail bond businesses:
      1.   The lot shall not be accessed from a local street.
      2.   Bail bond businesses may not be located on the same lot as another bail bond business.
      3.   Unless located within 500 feet in any direction of a courthouse, a bail bond business may not be located closer than 1 mile to any other bail bond business.
      4.   If a bail bond business is abandoned, discontinued, or ceases continuous operation for more than 1 year, it shall not be reestablished at that location if it is within 1 mile in any direction of any other bail bond business, unless it is located within 500 feet in any direction of a courthouse. 100
   4-3(D)(27)(b)   The following provisions apply if the use includes dry cleaning of clothes and is located in any Mixed-use zone district:
      1.   Only nonflammable or noncombustible materials may be used in the cleaning process.
      2.   The portion of the structure in which any cleaning process is done must be located at least 50 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(27)(c)   The following provisions apply only to massage businesses:
      1.   Massage businesses are allowed provided that the business complies with all applicable federal, State, and City requirements.
      2.   It is the burden of the owner of the massage business to ensure that the massage business is and remains continually in compliance with all requirements in Sections 61-12C-1 through 61-12C-25 NMSA 1978 (Massage Therapy Practice Act).
   4-3(D)(28)   Research or Testing Facility
   4-3(D)(28)(a)   Any facility using hazardous materials or procedures subject to additional review, licensing, or approval by State or federal law, or emitting electromagnetic radiation or other radiation, shall comply with all State and federal requirements regarding the storage, handling, transfer, use, and safety of those materials, procedures, or radiation, and shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(D)(28)(b)   If located in an MX-T or MX-L zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(D)(28)(c)   Facilities that require Conditional Use Approval pursuant to Subsection (a) above are prohibited in the MX-T or MX-L zone districts.
   4-3(D)(29)   Self-storage
   4-3(D)(29)(a)   All storage shall be within fully enclosed portions of a building.
   4-3(D)(29)(b)   Public access to any storage units within 100 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district is prohibited between 10:00 P.M. and 7:00 A.M.
   4-3(D)(29)(c)   An opaque wall or fence at least 6 feet and no more than 8 feet high or a landscape buffer at least 50 feet wide shall be provided along any lot line that abuts any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(29)(d)   Security fencing shall not include razor wire or barbed wire.
   4-3(D)(29)(e)   In the MX-L, MX-M, MX-H, and MX-FB zone districts, and on lots in the NR-C zone district within a UC-AC-MS-PT area, access to individual storage units shall be through interior corridors; direct access to individual units from outdoor areas is not allowed.
   4-3(D)(29)(f)   In the NR-C zone district outside of UC-AC-MS-PT areas, exterior doors to individual storage units shall not face any abutting street frontage, or, if the site is located on a corner lot, shall not face the primary street frontage.
   4-3(D)(30)   Balloon Fiesta Park Events and Activities
   Uses and conditions on operations are governed by the Balloon Fiesta Master Plan, as amended.
   4-3(D)(31)   Drive-in Theater
   4-3(D)(31)(a)   This use shall be enclosed with an opaque wall, fence, or vegetative screen at least 6 feet and no more than 8 feet high.
   4-3(D)(31)(b)   A screen located less than 500 feet from an arterial street or interstate highway shall be located, oriented, or shielded so that the picture surface cannot be seen from the arterial street or interstate highway.
   4-3(D)(32)   Other Outdoor Entertainment
   4-3(D)(32)(a)   This use shall include fencing or other measures meeting the standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening) and designed to prevent balls or other objects from the activity from passing beyond the property line and onto any surrounding properties not owned by the owner or operator of the use.
   4-3(D)(32)(b)   Rifle range (public or private) and flying of kites are prohibited in the Air Space and Runway Protection Sub-areas pursuant to Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations).
   4-3(D)(33)   Art Gallery
   In any Residential or MX-T zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(D)(34)   Building and Home Improvement Materials Store
   4-3(D)(34)(a)   All storage, display, and sales areas outside of a fully enclosed building must be screened from any adjacent Residential zone district or lot containing a residential use in any Mixed-use zone district as required by Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(D)(34)(b)   If this use also meets the definition of a large retail facility, the Use-specific Standards in Subsection 14-16-4-3(D)(37) (General Retail) for large retail facilities also apply.
   4-3(D)(35)   Cannabis Retail
   4-3(D)(35)(a)   Cannabis retail is allowed, provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities. For the purposes of the IDO, all measurements for this use shall be from the lot(s) that include the cannabis retail establishment to be licensed by the State as a “licensed premises” as defined by Sections 26-2C-1 to 26-2C-42 NMSA 1978. 101
   4-3(D)(35)(b)   Establishments with a valid license from the State under the medical cannabis program as of April 1, 2022 pursuant to Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Eric Compassionate Use Act) are entitled to continued and uninterrupted operations and are allowed permissively as a cannabis retail use after issuance of a license(s) from the State under Sections 26-2C-1 to 26-2C-42 NMSA 1978. These establishments are not subject to the distance separation requirements in Subsection (c) or (d) below or the prohibition in Subsection (h) below. 102
   4-3(D)(35)(c)   If located within 600 feet of another cannabis retail establishment, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), unless associated with an establishment licensed by the State as a cannabis microbusiness. 103 Nothing herein prohibits multiple licenses from operating from a single “licensed premises” as defined by Sections 26-2C-1 to 26-2C-42 NMSA 1978. 104
   4-3(D)(35)(d)   This use is prohibited within 300 feet of any school or child day care facility. 105
   4-3(D)(35)(e)   This use shall not include a storage or display area outside of fully enclosed portions of a building. 106
   4-3(D)(35)(f)   Notwithstanding other provisions in this Subsection 14-16-4-3(D)(35), this use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) when proposed to include commercial on-site cannabis consumption, which is licensed separately by the State under Sections 26-2C-1 to 26-2C-42 NMSA 1978. 107
   4-3(D)(35)(g)   If the cannabis retail establishment is licensed by the State for commercial on-site cannabis consumption, and smoking or vaporizing is proposed to occur on-site, an odor control plan approved by the City is required pursuant to Subsection 14-16-6-5(G) (Site Plan – Administrative), Subsection 14-16-6-6(I) (Site Plan – DRB), or Subsection 14-16-6-6(J) (Site Plan – EPC), as relevant. 108
   4-3(D)(35)(h)   In the MX-T zone district, this use is prohibited, unless associated with an establishment licensed by the State as a cannabis microbusiness. 109
   4-3(D)(36)   Farmers’ Market
   If Table 4-2-1 indicates that this use is allowed in the R-A, R-1, R-T, or MX-T zone districts, it shall be subject to the same size limits applicable to religious institutions in that zone district, pursuant to Subsection 14-16-4-3(C)(8)(b) or 14-16-4-3(C)(8)(c).
   4-3(D)(37)   General Retail
   4-3(D)(37)(a)   Outdoor Display or Storage
   Except in the NR-LM and NR-GM zone districts, this use may not include a storage or display area outside of a fully enclosed building unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A) and the use is screened from any adjacent Residential zone district or lot containing a residential use in any Mixed-use zone district as required by Section 14-16-5-6 (Landscaping, Buffering, and Screening), except where allowed in the Old Town – HPO-5 pursuant to Subsection 14-16-3-5(K)(3)(d) (Outdoor Display).
   4-3(D)(37)(b)   Large Retail Facilities
   For general retail uses that meet the definition of a large retail facility, the following standards apply:
      1.   General
      These standards address the build-out of a large site in order to guide the transition over time from more auto-oriented "big box" type retail development with large parking lots to finer-scaled, pedestrian-oriented, mixed-use development.
      2.   Access
         a.   The City Engineer may require that the intersection of the primary drive aisle be signalized, in which case the signal shall be provided at the applicant’s expense.
         b.   Large retail facilities shall meet 1 of the following requirements, based on the size of the facility.
            i.   Large retail facilities containing over 50,000 square feet but no more than 90,000 square feet of gross floor area shall be located abutting and have primary and full access to a street designated as a collector, arterial, or interstate highway with at least 2 through traffic lanes.
            ii.   Large retail facilities containing over 90,000 square feet but no more than 125,000 square feet of gross floor area are required to be located abutting and have primary and full access to a street designated as a collector, arterial, or interstate highway with at least 4 through traffic lanes.
            iii.   Large retail facilities containing over 125,000 square feet of gross floor area are required to be located within 700 feet of the intersection of 2 streets designated as collector, arterial, or interstate highway and shall have full access to these roadways. One of these two streets must have at least 4 through traffic lanes and the other must have at least 6 through traffic lanes or be designated as a limited access arterial in the Limited Access Facilities in the AMPA map in the Mid-region Council of Governments (MRCOG) Metropolitan Transportation Plan and have a minimum of 4 lanes.
      3.   Site Division
      The site shall be designed with internal block sizes that are walkable and support land use changes over time, according to the following standards:
         a.   The entire site shall be planned or platted according to the block dimensions established for Activity Centers in the DPM and summarized in Subsection 14-16-5-4(E)(3) (Block Dimensions), except as provided in Subsections g and h below.
         b.   Primary buildings shall be screened from adjacent streets by smaller buildings, retail liner suites, or 20 foot wide landscape areas with a double row of trees.
         c.   Primary and secondary drive aisles (or platted roadways) that separate the blocks shall be at least 60 feet and no more than 85 feet wide and shall include all of the following:
            i.   Two (2) 10-foot travel lanes.
            ii.   Two (2) 6-foot landscaped buffers with shade trees spaced approximately 30 feet on center.
            iii.   Two (2) 8-foot pedestrian walkways constructed of material other than asphalt.
            iv.   Pedestrian-scale lighting that is a maximum of 16 feet in height.
            v.   Standup curb.
         d.   Two (2) parallel or angle parking rows or a combination of the 2 on both sides of the drive aisle rights-of-way are allowed but not required.
         e.   Parking shall be distributed on the site to minimize visual impact from the adjoining street. Parking shall be located on at least 2 sides of a building and shall not dominate the building or street frontage.
         f.   Every third double row of parking shall have a minimum 10 feet wide continuous walkway dividing the row that meets all of the following requirements:
            i.   The walkway shall be either patterned or colored material other than asphalt and may be at grade.
            ii.   Trees shall be provided along the walkway pursuant to Subsection 14-16-5-6(C)(4)(i). Tree wells, planters, or supports for shading devices may encroach on the walkway up to 3 feet.
            iii.   In no case shall the walkway be diminished to less than 5 feet at any point.
         g.   One (1) block can be expanded to approximately 800 feet by 400 feet if a primary building (including retail suite liners) covers more than 80 percent of the gross floor area of the block.
         h.   If the site dimensions result in irregular block sizes, blocks of different dimensions are allowed provided that all of the following are met:
            i.   The block sizes achieve the intent of this Subsection 14-16-4-3(D)(37)(b).
            ii.   The narrow side of the block abuts the street that provides the primary access.
            iii.   The center of the long side has a major entrance, including a forecourt.
      4.   Façade Design
      Large retail facilities shall meet all of the following standards:
         a.   Façades that contain a primary pedestrian entrance and façades facing a public street or plaza or an internal drive aisle shall contain retail suite liners, display windows, or a recessed patio at a minimum depth of 20 feet, or a combination of all 3, along 50 percent of the length of the façade.
            i.   Where patios are provided, at least 1 of the recessed walls shall contain a window for ease of surveillance and the patio shall contain shading and seating.
            ii.   Where retail suite liners are provided, they shall be accessible to the public from the outside.
         b.   Every 30,000 square feet of gross floor area shall be designed to appear as a minimum of 1 distinct building mass with different expressions. The varied building masses shall have a change in visible roof plane or parapet height. Massing and articulation are required to be developed so that no more than 100 feet of a wall may occur without a vertical offset of at least 24 inches.
      5.   Signage
      All signage shall be designed to be consistent with and complement the materials, color, and architectural style of buildings on the site.
         a.   All freestanding signs shall be monument style, with a maximum height of 15 feet.
         b.   Building-mounted signs shall consist of individual channel letters. Illuminated plastic panel signs are prohibited.
   4-3(D)(37)(c)   Size Limitations in Zone Districts
      1.   In the MX-T zone district, this use shall not exceed 10,000 square feet of gross floor area.
      2.   In the MX-L zone district, this use is limited to establishments of no more than 30,000 square feet of gross floor area.
   4-3(D)(37)(d)   Allowances on Certain Streets
   In the MX-T zone district, small general retail is allowed permissively on streets classified as collector, arterial, or interstate highway and conditionally on local streets, with the following exceptions:
      1.   If accessory to another primary use, the use is considered a permissive accessory use regardless of street classification.
      2.   In the Old Town – HPO-5, the use is allowed permissively regardless of street classification.
   4-3(D)(38)   Grocery Store
   4-3(D)(38)(a)   For grocery stores larger than 50,000 square feet of gross floor area, the Use-specific Standards in Subsection 14-16-4-3(D)(37)(b) (Large Retail Facilities) also apply.
   4-3(D)(38)(b)   In the MX-L zone district, this use is limited to establishments of no more than 30,000 square feet of gross floor area.
   4-3(D)(38)(c)   In the MX-M zone district, this use is limited to establishments of no more than 70,000 square feet of gross floor area.
   4-3(D)(39)   Liquor Retail
   4-3(D)(39)(a)   Alcohol sales for off-premises consumption are allowed provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities.
   4-3(D)(39)(b)   Alcohol sales for on-premises consumption are also allowed as an incidental activity provided that the establishment complies with all New Mexico State law requirements.
   4-3(D)(39)(c)   Notwithstanding other provisions in this Subsection 14-16-4-3(D)(39), this use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) when proposed within 500 feet of any Residential or NR-PO zone district or any group home use, as measured from the nearest edge of the building containing the use to the nearest Residential or NR-PO zone district or lot containing a group home.
   4-3(D)(39)(d)   In the MX-T zone district, this use is limited to 10,000 square feet of gross floor area.
   4-3(D)(39)(e)   In the MX-L zone district, this use is prohibited, except in the following small areas, where it is allowed as accessory to a grocery store.
      1.   Downtown Neighborhood Area – CPO-3
      2.   East Downtown – CPO-4
      3.   East Downtown – HPO-1
      4.   La Cueva Small Area 110
 
      5.   North 4th Corridor – CPO-9
      6.   South Yale Small Area 111
 
   4-3(D)(39)(f)   In the MX-M, MX-H, and NR-C zone districts, this use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) unless accessory to a grocery store, except in the following small areas, where it is prohibited unless accessory to a grocery store as noted. 112
      1.   Downtown Neighborhood Area – CPO-3
      2.   East Downtown – CPO-4
      3.   East Downtown – HPO-1
      4.   North 4th Corridor – CPO-9
      5.   South Yale Small Area 113
 
   4-3(D)(39)(g)   Nob Hill/Highland Small Area 114
   This use is prohibited in the following mapped small area.
 
   4-3(D)(39)(h)   University Neighborhoods Small Area 115
   This use is prohibited in the MX-M zone district in the following mapped small area unless associated with a grocery store west of University Boulevard.
 
   4-3(D)(40)   Nicotine Retail
   4-3(D)(40)(a)   Nicotine sales are allowed provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities.
   4-3(D)(40)(b)   If this use is allowed as a primary use, it is considered a primary use for the purposes of this IDO, regardless of the use, area, or purpose of any other primary uses on the same premises and shall meet all of the following standards. 116
      1.   This use is prohibited within 1,000 feet in any direction of a lot containing another primary nicotine retail use.
      2.   This use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) when proposed within 500 feet in any direction of any Residential zone district; lot containing any residential use in any Mixed-use zone district; or religious institution.
      3.   If this use is within 500 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district, customer visits and deliveries are prohibited between 10:00 P.M. and 7:00 A.M.
   4-3(D)(40)(c)   If allowed only as an accessory use, this use is prohibited unless accessory to and part of the same establishment as a general retail or grocery store use.
   4-3(D)(40)(d)   In the MX-T and MX-L zone districts, this use is limited to 10,000 square feet of gross floor area.
   4-3(D)(40)(e)   In the MX-M, MX-H, and NR-C zone districts, this use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) unless accessory to general retail or a grocery store, in which case it is allowed as a permissive accessory use. 117
   4-3(D)(41)   Pawn Shop
   4-3(D)(41)(a)   This use shall not be located within 1 mile of another pawn shop location.
   4-3(D)(41)(b)   If a pawn shop use is abandoned, discontinued, or ceases continuous operation for more than 1 year, it shall not be reestablished at that location if it is within a 1 mile radius of the location of any other pawn shop.
   4-3(D)(42)   Airport
   4-3(D)(42)(a)   See Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations) for Use-specific Standards for private airport aircraft landing fields, airport runways, and taxiways.
   4-3(D)(42)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 118
   4-3(D)(43)   Freight Terminal or Dispatch Center 119
   4-3(D)(43)(a)   If no building is provided on the premises, this use shall be screened from any adjacent Residential zone district or lot containing a residential use in any Mixed-use zone district as required by Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(D)(43)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 120
   4-3(D)(44)   Helipad
   4-3(D)(44)(a)   This use shall comply with all applicable State and federal regulations regarding design, location, construction, and public safety.
   4-3(D)(44)(b)   This use is prohibited within 500 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(44)(c)   Helicopter landing and takeoff operations for all uses other than emergency medical service or law enforcement are prohibited between 10:00 P.M. and 7:00 A.M. 121
   4-3(D)(44)(d)   See Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations) for Use-specific Standards for private helicopter landing fields.
   4-3(D)(44)(e)   In any Non-residential zone district, this use is permissive for emergency medical service or law enforcement.
   4-3(D)(44)(f)   In any Non-residential zone district, all helipads for purposes other than emergency medical service or law enforcement require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(D)(44)(g)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 122
   4-3(D)(45)   Park-and-Ride Lot
   This use must comply with all standards in Section 14-16-5-5 (Parking and Loading).
   4-3(D)(46)   Railroad Yard
   4-3(D)(46)(a)   No portion of this use where railroad equipment or supporting motor vehicles operate may be located within 100 feet of any Residential zone district or lot containing a residential use in any Mixed-use zone district.
   4-3(D)(46)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 123
   4-3(D)(47)   Transit Facility
   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 124
   4-3(E)   INDUSTRIAL USES
   4-3(E)(1)   Artisan Manufacturing
   4-3(E)(1)(a)   All activities must be conducted within the fully enclosed portions of a building.
   4-3(E)(1)(b)   If located in any Mixed-use zone district, this use shall not exceed 10,000 square feet of gross floor area.
   4-3(E)(2)   Cannabis Cultivation 56
   4-3(E)(2)(a)   Cannabis cultivation is allowed, provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities. For the purposes of the IDO, all measurements for this use shall be from the lot(s) that include the cannabis cultivation establishment to be licensed by the State as a “licensed premises” as defined by Sections 26-2C-1 to 26-2C-42 NMSA 1978. 126
   4-3(E)(2)(b)   Establishments with a valid license from the State under the medical cannabis program as of April 1, 2022 pursuant to Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Eric Compassionate Use Act) are entitled to continued and uninterrupted operations and are allowed permissively or, where allowed as a conditional use in Table 4-2-1, as an approved conditional use, after issuance of a license(s) from the State under Sections 26-2C-1 to 26-2C-42 NMSA 1978. These establishments are not subject to the distance separation requirements in Subsection (c) below. 127
   4-3(E)(2)(c)   Within 300 feet of a school or child day care facility, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), except as specified in Subsection (b) above. 128
   4-3(E)(2)(d)   Except as specified in Subsection (e) and (g) below, all activities in this use must be conducted within the fully enclosed portions of a building unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A) to conduct specific activities outside of the fully enclosed portions of a building. 129
   4-3(E)(2)(e)   An incidental storage area is allowed outside of the fully enclosed portions of a building, but must be screened from view from each property line as described in Subsection 14-16-5-6(G) (Screening of Mechanical Equipment and Support Areas).
   4-3(E)(2)(f)   An odor control plan approved by the City is required pursuant to Subsection 14-16-6-5(G) (Site Plan – Administrative), Subsection 14-16-6-6(I) (Site Plan – DRB), or Subsection 14-16-6-6(J) (Site Plan – EPC), as relevant. 130
   4-3(E)(2)(g)   In any Mixed-use zone district, this use shall not exceed 10,000 square feet of gross floor area, and all activities shall be conducted within the fully enclosed portions of a building. 131
   4-3(E)(3)   Cannabis-derived Products Manufacturing 132
   4-3(E)(3)(a)   Cannabis-derived products manufacturing is allowed, provided that the establishment complies with all New Mexico State law requirements, including but not limited to any required spacing from other uses or facilities. For the purposes of the IDO, all measurements for this use shall be from the premises that includes an establishment licensed by the State as a “licensed premises” as defined by Sections 26-2C-1 to 26-2C-42 NMSA 1978. 133
   4-3(E)(3)(b)   Establishments with a valid license from the State under the medical cannabis program as of April 1, 2022 pursuant to Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Eric Compassionate Use Act) are entitled to continued and uninterrupted operations. After issuance of a license(s) from the State under Sections 26-2C-1 to 26-2C-42 NMSA 1978, these establishments are allowed permissively or, where allowed as a conditional use in Table 4-2-1, as an approved conditional use. These establishments are not subject to the distance separation requirements in Subsection (c) below. 134
   4-3(E)(3)(c)   Within 300 feet of a school or child day care facility, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), except as specified in Subsection (b) above. 135
   4-3(E)(3)(d)   Except as specified in Subsection (e) and (g) below, all activities in this use shall be conducted within the fully enclosed portions of a building unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A) to conduct specific activities outside of the fully enclosed portions of a building.
   4-3(E)(3)(e)   An incidental storage area is allowed outside of the fully enclosed portions of a building but shall be screened from view from each property line as described in Subsection 14-16-5-6(G) (Screening of Mechanical Equipment and Support Areas).
   4-3(E)(3)(f)   An odor control plan approved by the City is required, pursuant to Subsection 14-16-6-5(G) (Site Plan – Administrative), Subsection 14-16-6-6(I) (Site Plan – DRB), or Subsection 14-16-6-6(J) (Site Plan – EPC), as relevant, if any of the following activities will be occuring on the property: 136
      1.   Oil activation.
      2.   Distillation.
      3.   Extraction.
   4-3(E)(3)(g)   In any Mixed-use zone district, the following standards apply. 137
      1.   This use shall not exceed 10,000 square feet of gross floor area, and all activities shall be conducted within the fully enclosed portions of a building.
      2.   The use of hazardous materials as defined by federal regulations is prohibited.
   4-3(E)(4)   Light Manufacturing
   4-3(E)(4)(a)   Except as specified in Subsection (b) below, all activities in this use must be conducted within the fully enclosed portions of a building unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A) to conduct specific activities outside of the fully enclosed portions of a building.
   4-3(E)(4)(b)   An incidental storage area is allowed outside of the fully enclosed portions of a building, but must be screened from view from each property line as described in Subsection 14-16-5-6(G) (Screening of Mechanical Equipment and Support Areas).
   4-3(E)(4)(c)   This use may include a sales/display room for items manufactured on the property.
   4-3(E)(4)(d)   The property containing this use shall meet edge buffer requirements in Subsection 14-16-5-6(E).
   4-3(E)(4)(e)   If the property containing this use is located abutting an arterial or collector street, the primary building on the site shall be placed between the primary street frontage and any allowed outside storage, service, or work areas.
   4-3(E)(4)(f)   Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(E)(4)(g)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 138
   4-3(E)(5)   Heavy Manufacturing
   4-3(E)(5)(a)   This use must comply with air quality permitting requirements found in Part 9-5 of ROA 1994 (Air Quality and Environmental Health Control).
   4-3(E)(5)(b)   This use may be conducted outside of a building.
   4-3(E)(5)(c)   This use may include a sales/display room for items manufactured on the property.
   4-3(E)(5)(d)   An incidental storage area is allowed outside of a fully enclosed building, but must be screened from view from each property line as described in Subsection 14-16-5-6(G) (Screening of Mechanical Equipment and Support Areas).
   4-3(E)(5)(e)   This use is prohibited in the following locations:
      1.   Within 330 feet of Major Public Open Space.
      2.   Within 660 feet of a lot containing a religious institution or elementary, middle, or high school.
      3.   Within 1,000 feet of a lot containing a residential use other than an accessory dwelling unit used for a caretaker in a non-residential development.
   4-3(E)(5)(f)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 139
   4-3(E)(6)   Natural Resource Extraction
   4-3(E)(6)(a)   This use must obtain all applicable State and federal permits or approvals for the activity and comply with the terms of those permits and approvals throughout the duration of the activity.
   4-3(E)(6)(b)   This use must comply with air quality permitting requirements found in Part 9-5 of ROA 1994 (Air Quality and Environmental Health Control).
   4-3(E)(6)(c)   Extraction working areas shall be set back at least 200 feet from each property line of the site adjacent to any Residential zone district, and at least 100 feet from each property line of the site with any other zone district.
   4-3(E)(6)(d)   This use is prohibited in the following locations:
      1.   Within 330 feet of Major Public Open Space.
      2.   Within 1,000 feet of a lot containing a religious institution; elementary, middle, or high school; or residential use other than an accessory dwelling unit used for a caretaker in a non-residential development.
   4-3(E)(6)(e)   Within the Airport Protection Overlay Zone, mining only is permissive in the Noise Contour Sub-area. See Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations).
   4-3(E)(6)(f)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 140
   4-3(E)(7)   Special Manufacturing
   4-3(E)(7)(a)   This use must obtain all applicable State and federal permits or approvals for the activity and comply with the terms of those permits and approvals throughout the duration of the activity.
   4-3(E)(7)(b)   This use must comply with air quality permitting requirements found in Part 9-5 of ROA 1994 (Air Quality and Environmental Health Control).
   4-3(E)(7)(c)   This use shall also comply with the Use-specific Standards in Subsection 14-16-4-3(E)(5), applicable to Heavy Manufacturing uses.
   4-3(E)(7)(d)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 141
   4-3(E)(8)   Electric Utility 142 143
   4-3(E)(8)(a)   Substation walls shall be set back a minimum of 10 feet from all property lines to allow for perimeter landscape.
   4-3(E)(8)(b)   Substation facilities shall be surrounded by a minimum 10-foot landscaped buffer area consisting of shrubs and other vegetation that complies with the safety and maintenance requirements for substations.
   4-3(E)(8)(c)   Substations shall be surrounded by a wall a minimum of 12 feet high wall.
   4-3(E)(8)(d)   All existing substations that undergo expansion shall meet the design standards for new substations.
   4-3(E)(8)(e)   All uses and associated facilities shall be subject to the terms and conditions in the Facility Plan for Electric System Transmission and Generation, as amended, except that battery storage facilities are not considered electric generation facilities and may be a primary activity in association with the electric utility use in the NR-BP, NR-LM, and NR-GM zone districts.
   4-3(E)(8)(f)   Electric generation facilities, as identified in the Facility Plan for Electric System Transmission and Generation, are large scale industrial developments and are only allowed in the NR-GM zone district.
   4-3(E)(8)(g)   If this use is located on the same premises as a geothermal energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(8) and in Subsection 14-16-4-3(E)(9) (Geothermal Energy Generation).
   4-3(E)(8)(h)   If this use is located on the same premises as a solar energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(8) and in Subsection 14-16-4-3(E)(10)) (Solar Energy Generation).
   4-3(E)(8)(i)   If this use is located on the same premises as a wind energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(8) and in Subsection 14-16-4-3(E)(11) (Wind Energy Generation).
   4-3(E)(9)   Geothermal Energy Generation 75
   4-3(E)(9)(a)   This use must obtain all applicable State and federal permits or approvals for the activity and comply with the terms of those permits and approvals throughout the duration of the activity.
   4-3(E)(9)(b)   All uses and facilities shall be shall be subject to those terms and conditions in the Facility Plan for Electric System Transmission and Generation, as amended.
   4-3(E)(9)(c)   Underground geothermal energy devices may be located anywhere on the property.
   4-3(E)(9)(d)   Where this use is listed as Permissive Primary, it may include utility-scale or private energy generation. Where this use is listed as Permissive Accessory, it must be for private energy generation.
   4-3(E)(9)(e)   If this use is located on the same premises as an electric utility use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(9) and in Subsection 14-16-4-3(E)(8) (Electric Utility).
   4-3(E)(9)(f)   If this use is located on the same premises as a solar energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(9) and in Subsection 14-16-4-3(E)(10) (Solar Energy Generation).
   4-3(E)(9)(g)   If this use is located on the same premises as a wind energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(9) and in Subsection 14-16-4-3(E)(11) (Wind Energy Generation).
   4-3(E)(10)   Solar Energy Generation 76
   4-3(E)(10)(a)   This use is allowed pursuant to Section 47-3-4 NMSA 1978. Other State and federal rules may apply.
   4-3(E)(10)(b)   If this use is located on the same premises as an electric utility use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(10) and in Subsection 14-16-4-3(E)(8) (Electric Utility).
   4-3(E)(10)(c)   If this use is located on the same premises as a geothermal energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(10) and in Subsection 14-16-4-3(E)(9) (Geothermal Energy Generation).
   4-3(E)(10)(d)   If this use is located on the same premises as a wind energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(10) and in Subsection 14-16-4-3(E)(11) (Wind Energy Generation).
   4-3(E)(11)   Wind Energy Generation 146
   4-3(E)(11)(a)   All wind energy devices shall be located at least as far from each property line as the height of the device (including any tower on which it is mounted).
   4-3(E)(11)(b)   Rooftop-mounted wind energy devices shall only be allowed on structures with a valid building permit.
   4-3(E)(11)(c)   In any Mixed-use, NR-C, NR-BP, NR-SU, and NR-PO zone district, this use may exceed the maximum building height in the zone district by no more than 30 feet, unless a Variance is obtained under Subsections 14-16-6-6(O) (Variance – ZHE) or 14-16-6-6(N) (Variance – EPC).
   4-3(E)(11)(d)   In the NR-LM and NR-GM zone districts, this use may exceed the maximum building height by no more than 60 feet unless a Variance is obtained under Subsections 14-16-6-6(O) (Variance – ZHE) or 14-16-6-6(N) (Variance – EPC).
   4-3(E)(11)(e)   If this use is located on the same premises as an electric utility use, the premises must meet all Use-specific Standards in this Subsection 14- 16-4-3(E)(11) and in Subsection 14-16-4-3(E)(8) (Electric Utility).
   4-3(E)(11)(f)   If this use is located on the same premises as a geothermal energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(11) and in Subsection 14-16-4-3(E)(9) (Geothermal Energy Generation).
   4-3(E)(11)(g)   If this use is located on the same premises as a solar energy generation use, the premises must meet all Use-specific Standards in this Subsection 14-16-4-3(E)(11) and in Subsection 14-16-4-3(E)(10) (Solar Energy Generation).
   4-3(E)(12)   Wireless Telecommunications Facility (WTF)
   The following regulations shall apply to all WTFs in any zone district unless specified otherwise in this IDO:
   4-3(E)(12)(a)   Collocations and Public Utility Collocation
      1.   Collocations and public utility collocations are encouraged. Collocation on a concealed WTF shall maintain the concealed nature of the facility. Otherwise, such collocations or public utility collocations are not subject to the concealment requirements prescribed by Subsection (c) below, but shall be done in the least visibly intrusive manner, to blend in with the existing structure and its surroundings.
      2.   Unless specified otherwise in this IDO, public utility collocations are allowed in any zone district except within the Old Town – HPO-5.
      3.   When mounted on a public utility structure, the equipment cabinet(s) shall be not more than 3 feet by 4 feet by 18 inches deep, at least 10 feet and no more than 20 feet high.
      4.   No new freestanding WTF shall be allowed unless the Planning Director or his/her designee determines, upon the applicant’s demonstration, that no existing tower, structure, or public utility structure can be used in lieu of new construction to accommodate the applicant’s proposed WTF. Evidence that demonstrates that collocation or public utility collocation cannot be used in lieu of new construction to reasonably accommodate the proposed WTF shall consist of an affidavit with supporting exhibits submitted by the applicant addressing all of the following:
         a.   That no existing tower, structure, or public utility structure within a ½ mile radius meets the minimum engineering requirements and/or lacks available space to support the proposed WTF.
         b.   That collocation or public utility collocation of the proposed WTF would cause unavoidable electromagnetic interference with the antenna(s) on the existing towers, structures or public utility structures, or the antenna(s) on the existing towers, structures, or public utility structures would cause interference with the applicant’s proposed WTF.
         c.   That there are other limiting factors that render existing towers, structures, or public utility structures within the ½ mile radius unsuitable.
         d.   That the owners of existing towers, structures, or public utility structures within the ½ mile radius will not allow the applicant to place its WTF on that facility, or such owners are requiring payments for such placement that substantially exceed commercially reasonable prices.
   4-3(E)(12)(b)   Small Cell WTFs
   Small cell WTFs shall meet all requirements established by Article 5-10 of ROA 1994 (Small Wireless Facilities).
   4-3(E)(12)(c)   Concealment Required
      1.   All proposed WTFs shall use concealed technology, with the following exceptions:
         a.   Collocations of WTFs on existing unconcealed towers.
         b.   Collocations of small cell WTFs on public utility structures.
         c.   Public utility collocations for WTFs other than small cell WTFs.
      2.   The WTF shall be the least visually and physically intrusive as possible and shall have the least adverse visual effect on the environment and its character, existing vegetation, and nearby residences.
      3.   A WTF is considered concealed if the Planning Director determines that the facility is:
         a.   Aesthetically integrated with existing buildings, structures, and landscaping to blend in with the nature and character of the built and natural environment, considering height, color, style, massing, placement, design, and shape.
         b.   Located to avoid a dominant silhouette of the WTF on escarpments and mesas and to preserve views within VPO zones.
         c.   Located on existing vertical structures, including utility poles and public utility structures.
         d.   Located in areas where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening of the WTF.
         e.   Located so as not be a readily visible or identifiable as a WTF.
      4.   To minimize visibility, roof-mounted WTFs are prohibited in the R-A, R-1, R-T, R-MC, and NR-PO-A zone districts.
      5.   Consistent with federal law, these concealment requirements shall not be administered so as to have the effect of prohibiting the provision of wireless telecommunications services.
   4-3(E)(12)(d)   Maximum Height
      1.   Single-carrier WTFs: 65 feet.
      2.   Collocations on any existing unconcealed WTF tower or existing structure: 75 feet.
   4-3(E)(12)(e)   Setbacks and Separation
      1.   Freestanding WTFs are prohibited in the following locations:
         a.   Within 100 feet of any property line of any Residential zone district.
         b.   Within 50 feet of an existing right of way.
         c.   Within any required setback.
      2.   This use is prohibited within 1,000 feet in any direction of any other freestanding WTFs, as measured from the wall or fence of each freestanding WTF. This requirement does not apply to freestanding small-cell WTFs.
   4-3(E)(12)(f)   Landscaping and Screening
      1.   All freestanding WTFs shall be surrounded by an opaque wall or fence at least 6 feet and not more than 10 feet high.
      2.   All freestanding WTFs shall include vegetation that is planted and maintained to screen ground equipment facilities from public view, as shown on a landscaping plan approved by the Planning Director.
      3.   Freestanding small-cell WTFs are not subject to the landscaping requirements in Subsections 1 and 2 above, but must comply with the following requirements:
         a.   Equipment shall be screened by a wall, fence, or other method, including but not limited to a telco box, artificial rock, or decorative feature that fully screens the equipment with opaque material.
         b.   Equipment and screening materials shall not block pedestrian pathways and sidewalks.
   4-3(E)(12)(g)   Lighting and Signage
      1.   Only security lighting or lighting required by a State and/or federal agency is allowed, provided that all of the following conditions are met:
         a.   The location and cut-off angle of the light fixture shall be such that it does not shine directly on any public right-of-way, private way, or any lot containing a residential use.
         b.   The lighting shall not have an off-site luminance greater than 1,000 foot lamberts at any point, and shall not have an off-site luminance greater than 200 foot lamberts measured from any private property in any Residential zone district.
      2.   Only signage required by State or federal law is allowed.
   4-3(E)(12)(h)   Abandonment
   All WTFs that are not in use for a period of 3 months shall be removed by the WTF owner within the following 3 months. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. If there is no vegetation on a WTF site, the site shall be returned to its preconstruction condition. The owner shall notify the City when removal of the WTF occurs.
   4-3(E)(12)(i)   Interference
   Every WTF shall meet the regulations of the Federal Communications Commission, or any successor of that agency, regarding physical and electromagnetic interference.
   4-3(E)(12)(j)   Health Issues
   Every WTF shall meet health and safety standards for electromagnetic field emissions as established by the Federal Communications Commission or any successor of that agency, and any other federal or State agency.
   4-3(E)(12)(k)   Location near View Corridors
   Only collocations, public utility collocations, and architecturally integrated WTFs are allowed within 660 feet of either of the following:
      1.   Any easement or public right-of-way identified as part of an existing or future trail system that is located on a major arroyo or other drainage facility.
      2.   The centerline of the following streets: Alameda Boulevard, Central Avenue, Coors Boulevard, Griegos Road, Interstate Highway 25, Interstate Highway 40, Paseo del Norte, Rio Grande Boulevard, Sunport Boulevard, Tramway Boulevard, and Unser Boulevard.
   4-3(E)(12)(l)   Location near Major Public Open Space
   Only collocations, public utility collocations, and architecturally integrated WTFs are allowed within 1,320 feet (¼ mile) of the property line of any Major Public Open Space or the Petroglyph National Monument.
   4-3(E)(12)(m)   Location in HPO zones and Historic Districts
      1.   Only architecturally integrated and small cell WTFs are allowed within any HPO zone, except that within the Old Town – HPO-5 all WTFs other than small cell WTFs are prohibited.
      2.   Only architecturally integrated WTFs are allowed on properties listed on the State Register of Cultural Properties or the Federal Register of Historic Places.
   4-3(E)(12)(n)   Location in Other Small Areas 78
      1.   South Yale Small Area
      Freestanding WTFs are prohibited in the MX-M zone district in the following mapped small area.
 
      2.   Uptown Small Area
      Only architecturally integrated and small cell WTFs are allowed in the following mapped small area.
 
   4-3(E)(13)   Recycling Drop-off Bin Facility
   4-3(E)(13)(a)   This use is prohibited within 330 feet of Major Public Open Space.
   4-3(E)(13)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 148
   4-3(E)(14)   Solid Waste Convenience Center
   4-3(E)(14)(a)   This use is prohibited within 330 feet of Major Public Open Space.
   4-3(E)(14)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
   4-3(E)(15)   Salvage Yard
   4-3(E)(15)(a)   All activities shall be conducted within the fully enclosed portions of a building or within an area enclosed on all sides by an opaque wall, fence, retaining wall, or vegetative screen at least 6 feet high. Additional requirements in Section 14-16-5-6 (Landscaping, Buffering, and Screening) may apply.
   4-3(E)(15)(b)   Inoperative light vehicles or heavy equipment may not extend above the height of the opaque wall, fence, retaining wall, or vegetative screen, unless those items are located at least 100 feet inside the required wall, fence, or vegetative screen.
   4-3(E)(15)(c)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 149
   4-3(E)(16)   Waste and/or Recycling Transfer Station
   4-3(E)(16)(a)   This use is prohibited within 330 feet of Major Public Open Space.
   4-3(E)(16)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 150
   4-3(E)(17)   Outdoor Storage
   4-3(E)(17)(a)   This use shall comply with the provisions in Section 14-16-5-6 (Landscaping, Buffering, and Screening).
   4-3(E)(17)(b)   In any zone district except for NR-GM, the height of any items stored outside shall not exceed the height of any screening wall, fence, or vegetation, unless the item is located at least 100 feet inside the screening wall, fence, or vegetative screen.
   4-3(E)(17)(c)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 151
   4-3(E)(18)   Warehousing
   4-3(E)(18)(a)   Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(E)(18)(b)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 152
   4-3(E)(19)   Wholesaling and Distribution Center
   4-3(E)(19)(a)   This use is limited to 50,000 square feet of gross floor area in the following locations:
      1.   The MX-M and MX-H zone districts.
      2.   The NR-C zone district within a UC-MS-PT area.
   4-3(E)(19)(b)   Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(E)(19)(c)   A cumulative impacts analysis may be required at the time of application submittal for projects within the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 153
4-3(F)   ACCESSORY USES
   4-3(F)(1)   General
   4-3(F)(1)(a)   All accessory uses must operate within an enclosed structure unless outside operation or features are inherent in the use or specified otherwise in this IDO.
   4-3(F)(1)(b)   Accessory uses and approved conditional accessory uses run with the land, and are not personal to an operator.
   4-3(F)(1)(c)   No accessory use may begin, and no structure for the accessory use may be erected, before the primary use of the property is established. No accessory use may continue after the primary use to which it is accessory ends.
   4-3(F)(1)(d)   An approval for an accessory use may not be granted if there is no evidence of a City building permit for a primary building on the site or alternative evidence of a City business license for operation of a primary building on the site.
   4-3(F)(2)   Agriculture Sales Stand
   4-3(F)(2)(a)   This use may be operated outside an enclosed structure.
   4-3(F)(2)(b)   This use is limited to 1 per lot.
   4-3(F)(2)(c)   In any zone district except R-A, this use must be located behind the front façade of the primary building or residence.
   4-3(F)(2)(d)   In any Residential zone district, 1 non-illuminated sign is allowed, provided that it meets the requirements in Table 5-12-1.
   4-3(F)(2)(e)   The sales area associated with this use may not exceed 400 square feet in the R-A zone district. In any other zone district where this use is allowed, this use may not exceed 50 square feet, unless accessory to a community garden, in which case this use may not exceed 100 square feet.
   4-3(F)(3)   Animal Keeping 85
   4-3(F)(3)(a)   The use shall comply with all applicable City, State, and federal regulations related to animal care and protection.
   4-3(F)(3)(b)   Animal species and number shall be regulated pursuant to Article 9-2 of ROA 1994 (Humane and Ethical Animal Rules and Treatment [HEART]), enforced by the City Animal Welfare Department.
   4-3(F)(3)(c)   This use may be operated outside an enclosed structure. Animals shall be contained on the property by a wall, fence, vegetated screen, retaining wall, pen, or enclosure that complies with requirements in Section 14-16-5-7 (Walls and Fences).
   4-3(F)(3)(d)   In Residential zone districts other than R-A or any Mixed-use zone district, keeping cows and horses on a property shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), provided that all of the following requirements are met:
      1.   The property contains at least ½ acre of gross land area.
      2.   The number of animals does not exceed 1 cow or horse for each 10,000 square feet of net lot area, or equivalent combination. Animals under 4 months old are not counted.
   4-3(F)(3)(e)   Where general agriculture is allowed in the R-A zone district or any Non-residential zone district, keeping cows and horses is allowed as incidental to that use, pursuant to any Use-specific Standards in Subsection 14-16-4-3(D)(3).
   4-3(F)(3)(f)   In the NR-C, NR-BP, NR-LM, and NR-GM zone districts, this use is limited to the keeping of guard dogs, and is subject to an approved permit from the City Animal Welfare Department.
   4-3(F)(4)   Drive-through or Drive-up Facility
   4-3(F)(4)(a)   Each stacking lane is limited to a maximum order board area of 50 square feet. The face of the order boards shall be oriented away from public streets to the maximum extent practicable. If not practicable, at least 2 evergreen trees shall be planted in the landscape buffer area required by Subsection 14-16-5-5(I)(2)(a) in locations that would best screen the order board from the public right-of-way.
   4-3(F)(4)(b)   This use shall comply with the provisions of Section 14-16-5-5 (Parking and Loading) and Section 14-16-5-9 (Neighborhood Edges).
   4-3(F)(4)(c)   Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(F)(4)(d)   Notwithstanding Subsection (c) above, this use is prohibited adjacent to Major Public Open Space.
   4-3(F)(4)(e)   This use is prohibited in the following small areas as noted. 155
      1.   Downtown Small Area
      This use is prohibited in the following mapped small area.
 
      2.   Downtown Neighborhood Area – CPO-3
         a.   This use is prohibited in the MX-L zone district unless accessory to a use other than a restaurant or any use in the Retail Sales category.
         b.   This use is prohibited in the MX-M zone district.
      3.   East Downtown – CPO-4
      This use is prohibited in the East Downtown – CPO-4.
      4.   East Downtown – HPO-1
      This use is prohibited in the East Downtown – HPO-1.
      5.   Nob Hill Small Area
      This use is prohibited in the following mapped small areas.
 
      6.   Sawmill/Wells Park – CPO-12
      This use is prohibited in the MX-L and NR-LM zone districts in the Sawmill/Wells Park – CPO-12.
      7.   South Yale Small Area
      This use is prohibited in the MX-L and MX-M zone districts in the following mapped small area.
 
      8.   University Neighborhoods Small Area
      This use is prohibited in any Mixed-use zone district in the following mapped small area.
 
      9.   Uptown Small Area
      Within 330 feet of Louisiana Boulevard right-of-way between I-40 and Indian School Road, this use is conditional if accessory to a restaurant; otherwise, this use is prohibited if accessory to a restaurant in the following mapped small area (which includes all of the Uptown Urban Center as mapped in the ABC Comp Plan, as amended). 156
 
      10.   Volcano Heights Urban Center
      This use is prohibited in the Mixed-use zone districts in this Center as mapped in the ABC Comp Plan, as amended.
      11.   Volcano Mesa – CPO-13
      This use is prohibited, unless accessory to a use other than restaurant, in the 3 areas mapped below.
 
   4-3(F)(5)   Dwelling Unit, Accessory (With or Without Kitchen)
   4-3(F)(5)(a)   Where this use is allowed, only 1 accessory dwelling unit is allowed per lot. See Table 4-2-1 for the zone districts where this use is allowed and Subsection 14-16-4-3(F)(5)(e) for the small areas where accessory dwelling units with kitchens are allowed in the R-1 zone district.
      1.   If accessory to residential development in any zone district, the accessory dwelling unit can be attached or detached.
      2.   If accessory to a non-residential use in any Mixed-use zone district, the accessory dwelling unit shall be attached to the building with the non-residential use.
      3.   In a Non-residential zone district, the accessory dwelling unit is allowed for the caretaker of the primary non-residential use and may be attached or detached.
   4-3(F)(5)(b)   When an accessory dwelling unit is attached to a primary dwelling, only 1 dwelling unit entrance may face the front lot line.
   4-3(F)(5)(c)   A detached accessory dwelling unit shall comply with any applicable provisions of Subsection 14-16-5-11(C)(4) (Accessory Buildings).
   4-3(F)(5)(d)   In any Residential or Mixed-use zone district, a detached accessory dwelling unit shall be located behind the rear wall of a primary building. On corner lots, the accessory dwelling unit shall have the same minimum street side setback requirement as the primary building.
   4-3(F)(5)(e)   Accessory dwelling units with kitchens are prohibited in the R-1 zone district, with exceptions where they are allowed as permissive or conditional accessory uses in certain Center and Corridor areas and in certain small areas as specified below and as allowed pursuant to Subsection (f) below. Where allowed as a conditional accessory use, a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) is required. 157
      1.   Near Premium Transit and Main Street Areas
      Accessory dwelling units are a permissive accessory use within 1,320 feet (¼ mile) of PT and MS areas. An accessory dwelling unit shall not exceed 750 square feet of gross floor area.
      2.   Barelas – CPO-1
      Accessory dwelling units are a conditional accessory use in the Barelas – CPO-1.
      3.   Downtown Neighborhood Area – CPO-3
      Accessory dwelling units are a permissive accessory use in the Downtown Neighborhood Area – CPO-3 if all of the following requirements are met.
         a.   The accessory dwelling unit shall not exceed 650 square feet of gross floor area. A garage or shed attached to an accessory dwelling unit shall not count toward this size limit.
         b.   A detached accessory dwelling unit shall not exceed the height of the primary dwelling or 18 feet, whichever is less.
      4.   High Desert Small Area
      Accessory dwelling units are a permissive accessory use in the following mapped small area. An accessory dwelling unit shall not exceed 750 square feet of gross floor area. A garage or shed attached to the accessory dwelling unit shall not count toward this size limit.
 
      5.   Huning Highland Small Area
      Accessory dwelling units are a conditional accessory use in the following mapped small area.
 
      6.   Sawmill/Wells Park – CPO-12
      Accessory dwelling units are a permissive accessory use on lots with a minimum of 7,000 square feet in the R-1 zone district in the Sawmill/Wells Park – CPO-12.
      7.   South Broadway Small Area
      Accessory dwelling units are a conditional accessory use in the following mapped small area.
 
      8.   University Neighborhoods Small Area
      Accessory dwelling units are a conditional accessory use in the following mapped small area.
 
      9.   Volcano Mesa – CPO-13
      Accessory dwelling units are a permissive accessory use in the Volcano Mesa – CPO-13. An accessory dwelling unit shall not exceed 750 square feet of gross floor area. A garage or shed attached to the accessory dwelling unit shall not count toward this size limit.
   4-3(F)(5)(f)   Accessory dwelling units constructed prior to the effective date of this IDO are allowed as follows:
      1.   Nonconforming accessory dwelling units with kitchens are allowed as a permissive accessory use.
      2.   Accessory dwelling units with kitchens without proof of nonconformity require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
   4-3(F)(5)(g)   In the R-1 zone district, accessory dwelling units without kitchens require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), except in areas where accessory dwelling units with kitchens are allowed permissively pursuant to Subsection (e) above.
   4-3(F)(6)   Family Care Facility
   4-3(F)(6)(a)   The operator of this use must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use.
   4-3(F)(6)(b)   Only members of the residing household may provide care.
   4-3(F)(6)(c)   Any outdoor play area shall be enclosed by an opaque wall, fence, or vegetative screen at least 6 feet in height.
   4-3(F)(6)(d)   No sign is allowed.
   4-3(F)(7)   Family Home Day Care
   4-3(F)(7)(a)   The operator of this use must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use.
   4-3(F)(7)(b)   Only members of the residing household may provide care.
   4-3(F)(7)(c)   Any outdoor play area shall be enclosed by an opaque wall, fence, or vegetative screen at least 6 feet in height.
   4-3(F)(7)(d)   Only a sign meeting the requirements for a home occupation is allowed.
   4-3(F)(8)   Hobby Breeder
   4-3(F)(8)(a)   The operator of this use must comply with all applicable City, State, and federal regulations and permitting procedures that govern the breeding of animals, including Article 9-2 of ROA 1994 (HEART), enforced by the City Animal Welfare Department.
   4-3(F)(8)(b)   This use may be operated outside an enclosed structure.
   4-3(F)(9)   Home Occupation
   4-3(F)(9)(a)   The operator must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use, including a business registration permit from the City.
   4-3(F)(9)(b)   The following uses from Table 4-2-1 and activities are prohibited as home occupations: 158
      1.   Any use in the Agricultural or Animal-related category.
      2.   Any use in the Food, Beverage, and Indoor Entertainment category, except catering service.
      3.   Any use in the Motor Vehicle-related category.
      4.   Any use in the Industrial Uses category.
      5.   Commercial services.
      6.   Construction contractor facility and yard.
      7.   Crematorium.
      8.   Mortuary.
      9.   Adult retail.
      10.   Liquor retail.
      11.   Any use involving the storage or use of hazardous materials.
   4-3(F)(9)(c)   No more than 25 percent of the floor area of the dwelling unit where the operator of the home occupation(s) resides may be devoted to the home occupation(s), except that in the MX-T district up to 50 percent of the floor area of the dwelling unit may be devoted to home occupations. If more than one home occupation is conducted in the dwelling, these limits shall apply to all home occupations collectively, not individually.
   4-3(F)(9)(d)   Only members of the residing family may be employed to work on-site.
   4-3(F)(9)(e)   Only goods and services created on the premises may be sold on the premises.
   4-3(F)(9)(f)   All business activities shall be conducted in the primary building or an allowed accessory structure.
   4-3(F)(9)(g)   The outside appearance of the dwelling or unit shall not show evidence of the use, including but not limited to outside storage, noise, dust, odors, noxious fumes, or other nuisances emitted from the premises, except that 1 non-illuminated sign is allowed. In any Residential zone district, the maximum size of the sign is regulated by Table 5-12-1. In any Mixed-use zone district, the sign may not exceed 2 square feet.
   4-3(F)(9)(h)   All parking requirements in Section 14-16-5-5 (Parking and Loading) shall be met, including but not limited to Subsection 14-16-5-5(F)(2)(a) and Table 5-5-6 that limit front yard parking.
   4-3(F)(9)(i)   The home occupation shall not regularly attract more than 2 individuals simultaneously and shall not generate significantly greater traffic volume than would normally be expected in the residential area in which the home occupation is conducted.
   4-3(F)(9)(j)   Commercial vehicle visits to the property shall be limited to no more than 10 per consecutive 7-day period.
   4-3(F)(9)(k)   Customer visits and deliveries to the home occupation shall not occur between 10:00 P.M. and 7:00 A.M.
   4-3(F)(10)   Independent Living Facility
   This use is only allowed when accessory to an assisted living facility or nursing home.
   4-3(F)(11)   Mobile Food Truck
   4-3(F)(11)(a)   For purposes of this Subsection 14-16-4-3(F)(11), “operation” of a mobile food truck includes any activity involved with food preparation or sales unless specified otherwise in this IDO. 159
   4-3(F)(11)(b)   Mobile food trucks may remain in place for the following periods of time:
      1.   Indefinitely, if they do not occupy any required off-street parking spaces for the primary use on the subject property.
      2.   Up to 7 calendar days, if they do not occupy more than 10 percent of the required off-street parking spaces for the primary use on the subject property.
      3.   For the amount of time specified on an approved Temporary Use Permit, if they occupy more than 10 percent of required off-street parking spaces for the primary use on the subject property.
   4-3(F)(11)(c)   The mobile food truck operator must provide trash receptacles and remove them after use.
   4-3(F)(11)(d)   If more than 5 mobile food trucks are located on one lot, approval of a Site Plan – Administrative demonstrating adequate public access and safety and vehicle circulation must be approved by the City.
   4-3(F)(11)(e)   Mobile food trucks shall comply with all applicable City, State, and federal requirements, including but not limited to Part 9-6-5 of ROA 1994 (Health, Safety & Sanitation Code) and Part 9-9-4 of ROA 1994 (General Noise).
   4-3(F)(11)(f)   Mobile food trucks in the public right-of-way shall comply with Section 8-5-1-42 of ROA 1994 (Mobile Food Units on Public Streets).
   4-3(F)(11)(g)   This use is allowed to operate on private property in any Residential zone district, provided that:
      1.   The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the Mobile food truck and made available for review by any City inspector at all times during the operation of the mobile food truck at the site.
      2.   The mobile food truck does not operate on the same residential property more than 12 days in any calendar year.
   4-3(F)(11)(h)   This use is allowed to operate on private property in any Mixed-use or Non-residential zone district, provided that all of the following apply:
      1.   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food truck is operating outside of the business hours of on-premises uses.
      2.   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not obstruct any designated ingress or egress from the property, or any designated drive aisle.
      3.   The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck at the site.
      4.   The use is located on a paved surface.
   4-3(F)(11)(i)   In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district. Other sales or services may be allowed as approved by the City Parks and Recreation Director. 160
   4-3(F)(12)   Mobile Vending Cart
   4-3(F)(12)(a)   All applicable Environmental Health and other City regulations shall apply to the operation of Mobile vending carts.
   4-3(F)(12)(b)   This use may be operated outside an enclosed structure.
   4-3(F)(12)(c)   In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile vending cart and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district.
   4-3(F)(13)   Outdoor Animal Run
   4-3(F)(13)(a)   This use may be operated outside of fully enclosed portions of a building.
   4-3(F)(13)(b)   Where this use is allowed, the runs must be screened from any adjacent property in any Residential zone district or any lot containing a residential use in any Mixed-use zone district by an opaque wall, fence, or vegetative screen at least 6 feet in height, made of materials similar in color and materials to those used on the primary building.
   4-3(F)(13)(c)   No animals shall be allowed to occupy the outdoor run between 10:00 P.M. and 7:00 A.M.
   4-3(F)(14)   Outdoor Dining Area
   4-3(F)(14)(a)   The outdoor dining area shall be accessory to the immediately abutting primary use, and the items sold for consumption in the outdoor dining area shall be sold in the immediately abutting primary use.
   4-3(F)(14)(b)   The use shall not include any open flames or other safety or health hazards, with the exception of tabletop candles.
   4-3(F)(14)(c)   If the use is located on a public sidewalk, all of the following requirements apply:
      1.   Any outdoor dining area must maintain a minimum clear path of 4 or 6 feet, depending on adjacent roadway classification, per Section 6-5-5-14 of ROA 1994 (Sidewalk Design and Construction Standards and Procedures), in order to maintain use of the public sidewalk for all users.
      2.   The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City that establishes the boundaries of the area permitted for this use.
      3.   Before and after the immediately abutting primary business’s hours of operation, all furniture, equipment, and goods shall be removed from the sidewalk area or otherwise secured to prevent movement by natural elements or by unauthorized persons.
      4.   Outside of the operating hours of the immediately abutting primary business, the sidewalk area shall be cleaned of all dining materials and waste.
   4-3(F)(14)(d)   Outdoor dining areas where alcohol is consumed must meet all applicable New Mexico State law requirements. If this results in the construction of a wall, fence, or similar barrier around the perimeter and the wall, fence, or similar barrier is located on the sidewalk, all of the following requirements apply:
      1.   The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City.
      2.   A decorative wall, fence, or similar barrier shall be limited to between 3 feet and 4 feet in height and shall be located at least 6 feet from any building standpipe, hydrant, crosswalk, drive aisle, alleyway, access ramp, parking meter, landscape bed, street tree, sign post, utility pole, or similar obstacle.
      3.   The depth of the area enclosed by a wall, fence, or barrier shall not be greater than 50 percent of the width of the sidewalk, measured from back of curb to the building edge closest to the sidewalk, and shall leave a clear pedestrian passage area at least 6 feet in width.
      4.   The area enclosed by a wall, fence, or barrier shall not contain any utility vault.
   4-3(F)(15)   Second Kitchen within a House 92
   4-3(F)(15)(a)   This use must be accessory to a single-family or two-family detached dwelling.
   4-3(F)(15)(b)   The kitchen must be incidental to occupancy of the entire house in common by members of 1 family, and 2 distinct dwelling units may not be created.
   4-3(F)(16)   Other Use Accessory to Non-residential Primary Use 93
   4-3(F)(16)(a)   This use may be operated outside an enclosed structure.
   4-3(F)(16)(b)   Unless accessory to a religious institution, the use must be intended primarily for the use of occupants of the building.
   4-3(F)(16)(c)   Unless accessory to a religious institution, the use is limited to a maximum of 10 percent of the gross floor area of the primary building.
   4-3(F)(16)(d)   In any Mixed-use zone district, this use must be accessory to a non-residential use.
   4-3(F)(17)   Other Use Accessory to Primary Residential Use
   4-3(F)(17)(a)   The use must be intended for the exclusive use of residents of the premises on which the accessory use is located, and their invited guests.
   4-3(F)(17)(b)   This use may be operated outside an enclosed structure.
   4-3(F)(17)(c)   In any Mixed-use zone district, this use must be accessory to a primary residential use.
4-3(G)   TEMPORARY USES
   Temporary uses require a Permit – Temporary Use pursuant to Subsection 14-16-6-5(D) unless specified otherwise in the Use-specific Standards below.
   4-3(G)(1)   Circus 94
   4-3(G)(1)(a)   This use may take place on a fairground, which requires a Site Plan – EPC related to the NR-SU zone district pursuant to Subsection 14-16-6-6(J). Where this use is proposed in another zone district, a Site Plan – Administrative demonstrating adequate parking, vehicle circulation, and toilet facilities for anticipated employees and attendees is required to be approved by the City pursuant to Subsection 14-16-6-5(F) prior to any activity related to the use.
   4-3(G)(1)(b)   The tent and other facilities are required to be approved by the Fire Marshall as having met the requirements of Article 14-2 of ROA 1994 (Fire Code) prior to any activity related to the use.
   4-3(G)(1)(c)   This use is allowed for a period not to exceed 10 days in any calendar year and may operate (including erection and dismantling of equipment) between the hours of 7:30 A.M. and 10:30 P.M.
   4-3(G)(1)(d)   One (1) temporary sign of not more than 100 square feet is allowed from the time equipment erection begins until dismantling of equipment ends.
   4-3(G)(1)(e)   This use is prohibited within 300 feet in any direction of any Residential zone district or any building containing a residential use in any Mixed-use zone district.
   4-3(G)(2)   Construction Staging Area, Trailer, or Office
   4-3(G)(2)(a)   This use may not begin, and any structure for the use may not be installed, more than 30 calendar days before site construction begins.
   4-3(G)(2)(b)   This use may only be located on the lot for the following timeframes:
      1.   If associated with a construction project, from 30 calendar days before construction begins to 30 calendar days after issuance of a certificate of occupancy for a structure, or 30 calendar days after construction finishes if no certificate of occupancy is required.
      2.   If specified in a special event permit approved by the City, from 7 calendar days before to 7 calendar days after the approved event.
      3.   If neither Subsection 1 nor 2 above applies, then not longer than a period of 30 calendar days.
   4-3(G)(2)(c)   This use may not occur in any required front yard area or between the front façade of a primary building and the street, but a trailer may be parked anywhere on the site for a period of up to 3 calendar days for active loading and unloading.
   4-3(G)(2)(d)   The body of the trailer shall be set back at least 5 feet from any lot line and 8 feet from the building or structure under construction.
   4-3(G)(2)(e)   If work on the project has been dormant for a period of 6 or more months, the trailer must be removed, unless an extension is granted by the Planning Director based on an anticipated construction restart date.
   4-3(G)(2)(f)   This use is allowed to operate on private property near the subject property in any zone district, provided that the use has written permission from the owner of the off-site private property specifying the allowed use, the location of the subject property under construction, the allowed location of the use on the off-site private property, and the location of any agreed upon access point(s). A copy of this written permission shall be kept on the construction staging area site and made available for review by any City inspector at all times during the operation of the construction staging area.
   4-3(G)(2)(g)   Where temporary dwelling units are allowed, the construction trailer or office may be used as a temporary dwelling unit provided that it meets all applicable building and occupancy requirements for a temporary dwelling unit.
   4-3(G)(3)   Dwelling, Temporary 95
   4-3(G)(3)(a)   This use must be associated with a permissive primary use, approved conditional use, or allowed temporary use and located in a structure on the same premises as the activity or construction that it serves.
   4-3(G)(3)(b)   This use may only be located on the lot for the following timeframes:
      1.   If associated with a construction project, from 30 calendar days before construction begins to 30 calendar days after issuance of a certificate of occupancy (for a structure) or 30 days after construction finishes (if no certificate of occupancy is required).
      2.   If associated with a special event approved by the City or permitted under this IDO, from 7 calendar days before to 7 calendar days after the event, or as stated in any approval for the event approval issued by the City.
      3.   If neither Subsection 1 nor 2 above applies, then not longer than a period of 30 calendar days.
   4-3(G)(4)   Fair, Festival, or Theatrical Performance 96
   This use may take place on a fairground, which requires a Site Plan – EPC related to the NR-SU zone district pursuant to Subsection 14-16-6-6(J). Where this use is proposed in another zone district, this use is limited to 7 calendar days and to 45 days in any calendar year unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A).
   4-3(G)(5)   Open Air Market 166
   This use may only be operated for up to 60 calendar days.
   4-3(G)(6)   Park-and-Ride Facility, Temporary
   This use shall be limited to the time period specified in any agreement with the property owner.
   4-3(G)(7)   Real Estate Office or Model Home
   4-3(G)(7)(a)   This use may not begin, and any structure containing the use may not be installed, more than 30 calendar days before site construction begins.
   4-3(G)(7)(b)   This use must terminate, and any structure containing the use must be removed from the site, no later than 30 calendar days after issuance of the certificate of occupancy for the last unit or portion of the development is issued.
   4-3(G)(7)(c)   If work on the project has been dormant for a period of 6 months or more, the structure containing this use must be removed unless an extension is granted by the Planning Director based on an anticipated construction restart date.
   4-3(G)(7)(d)   One (1) wall, window, or yard sign of up to 4 square feet is allowed.
   4-3(G)(7)(e)   Where temporary dwelling units are allowed, the structure containing this use may also be used as a temporary dwelling unit provided that it meets all applicable building and occupancy requirements for a temporary dwelling unit.
   4-3(G)(8)   Seasonal Outdoor Sales
   This use is limited to a total of 45 days in any calendar year.
   4-3(G)(9)   Temporary Use Not Listed
   This use may be approved on a case-by-case basis if the City Planning Department determines that the use has a demonstrable public purpose, will not create material adverse impacts on surrounding area, and will not exceed 45 consecutive days in a calendar year. A traffic management plan may be required.
   4-3(G)(10)   Garage or Yard Sale
   4-3(G)(10)(a)   The duration of any sale shall not exceed 3 calendar days.
   4-3(G)(10)(b)   For low-density residential development: no more than 2 sales within a 1-year period.
   4-3(G)(10)(c)   For multi-family residential development: no more than 4 sales within a 1-year period.
   4-3(G)(11)   Hot Air Balloon Takeoff and/or Landing
   Hot air balloon takeoff and/or landing are prohibited in the Air Space and Runway Protection Sub-areas of the Airport Overlay Zone. See also Section 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations).

 

Notes

70
70   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See 3 competing amendments to the Dwelling, Cottage Development Use-specific Standards here: https://abc-zone.com/sites/abc-zone.com/files/document/pdf/03-List-Proposed-Amendments-Citywide-2020-11-30.pdf. EPC Recommended Condition #1.B allows this use in more areas with a Conditional Use approval. Revised editorially for consistency and clarity, given the other 2 categories of minimum lot sizes.
71
71   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Conditions #1.C and #4.B revised the text proposed in the Citywide Text Amendments spreadsheet lines #1 and #2 on page 3 of 19 as shown in revised Exhibit 4-3(B)(7)(a) of the Multi-family Use-specific Standards as recommended in the January 21 EPC Staff Report – Recommended Conditions of Approval. EPC Condition #4.D added that sports courts and similar features also count up to 10 percent of net lot landscaping.
3
72   2020 IDO Annual Update - Citywide Text Amendments – COUNCIL REVIEW. Revised editorially to fix grammatical error.
73
73   2020 IDO Annual Update – Small Area Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
5
74   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1.
75
75   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1.
7
76   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A5 – Daytime Gathering Facility.
77
77    EPC Recommended Condition #2.A.
78
78   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A5 – Daytime Gathering Facility.
10
79   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
80
80   2020 IDO Annual Update - Citywide Text Amendments – COUNCIL REVIEW. Clerical edit to fix grammatical error.
12
81   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1.J added “and hand-wash stations” and recommended further clarification of the requirement and consideration of whether to require restrooms. EPC Recommended Condition #2.B revised Subsection 14-16-4-3(D)(31)(f).
13
82   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1.K removed the proposed amendment.
83
83   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A2 – Campground and RV Park.
84
84   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
85
85   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
86
86   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1. Revised editorially to list the MX-H zone district first and then the Centers/Corridors for consistency with the IDO and for clarity.
87
87   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A15 – Technical Edits.
88
88   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
89
89   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
90
90   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
91
91   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See Council Services Memo. EPC Recommended Condition #1.D. Phrase “Where this use is allowed” was deleted for consistency with the IDO, as all use-specific standards apply where the use is allowed. “Accessory” deleted editorially, as outdoor display, storage, and sales are not separate accessory uses but incidental activities that are part of the light vehicle sales use.
92
92   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A7 – Light Vehicle Sales.
93
93   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
94
94   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
95
95   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
96
96   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
97
97   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
98
98   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
99
99   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
100
100   2020 IDO Annual Update - Citywide Text Amendments – COUNCIL REVIEW. Revised editorially for consistency with the IDO.
101
101   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B6 – Cannabis Distances. Revised editorially to include the citation to the New Mexico Cannabis Regulation Act (State law) for consistency with the IDO.
102
102   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B19 – Cannabis Existing Businesses. Revised editorially for clarity and consistency with the IDO and to include the citations to the New Mexico Cannabis Regulation Act (Sections 26-2C-1 to 26-2C-42 NMSA 1978) and the Lynn and Eric Compassionate Use Act (Sections 26-2B-1 to 26-2B-10 NMSA 1978) for consistency with the IDO.
103
103   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B21 – Cannabis Microbusiness – Retail, Cultivation, and Manufacturing.
104
104   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B12 – Cannabis Retail 600 ft. separation. Revised editorially for clarity.
105
105   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Change to distance from 330 to 300 feet passed 6/17/2021 as Amenment B6 – Cannabis Distances.
106
106   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommened Condition #1.
107
107   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B5 – Cannabis Odors. Revised editorially for consistency with the defined term added by Amendment B8 – Cannabis On-site Consumption in Section 14-16-7-1 and the IDO and to include the citation to the New Mexico Cannabis Regulation Act.
108
108   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B5 – Cannabis Odors. Revised editorially for consistency with the defined term added by Amendment B8 – Cannabis On-site Consumption in Section 14-16-7-1 and the IDO. Added cross reference to relevant procedures editorially.
109
109   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B21 – Cannabis Microbusiness – Retail, Cultivation, and Manufacturing.
110
110   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
111
111   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
112
112   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A8 – Liquor and Nicotine Retail.
113
113   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
114
114   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
115
115   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
116
116   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A15 – Technical Edits. Revised editorially for consistency with the IDO.
117
117   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A8 – Liquor and Nicotine Retail.
118
118   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
119
119   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
120
120   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
121
121   2020 IDO Annual Update – Citywide Text Amendments – COUNCIL REVIEW. Revised editorially for consistency with IDO.
122
122   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
123
123   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
124
124   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
56
125   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. EPC Recommended Condition #6 asked City Council to explore additional regulations to ensure potential adverse impacts of light and odors are appropriately mitigated.
126
126   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B6 – Cannabis Distances. Revised editorially to include the citation to the New Mexico Cannabis Regulation Act (State law) for consistency with the IDO.
127
127   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B19 – Cannabis Existing Businesses. Revised editorially to include the citations to the New Mexico Cannabis Regulation Act (Sections 26-2C-1 to 26-2C-42 NMSA 1978) and the Lynn and Eric Compassionate Use Act (Sections 26-2B-1 to 26-2B-10 NMSA 1978) for consistency with the IDO.
128
128   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Revision to distance from 330 to 300 feet passed 6/17/2021 as Amendment B6 – Cannabis Distances. Residential zone district struck 6/17/2021 as Amendment B14 – Cannabis Distance Residential. Change from prohibition to conditional use passed 6/17/2021 as Amendment B15, which also overrode the need for the exception to the prohibition language for cannabis microbusiness passed 6/17/2021 as Amendment B21 – Cannabis Microbusiness – Retail, Cultivation, and Manufacturing. Revised editorially to include a cross reference to language added as Amendment B19 – Cannabis Existing Businesses.
129
129   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Revised editorially for consistency with Amendment B18 – Cannabis Manufacturing Zoning, passed 6/17/2021.
130
130   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B5 – Cannabis Odors. Revised editorially for clarity and consistency with the IDO and to add a cross reference to the relevant procedures.
131
131   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B18 – Cannabis Manufacturing Zoning.
132
132   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
133
133   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B6 – Cannabis Distances. Revised editorially for consistency with the IDO and to include the citation to the New Mexico Cannabis Regulation Act.
134
134   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B19 – Cannabis Existing Businesses. Revised editorially for clarity and consistency with the IDO and to include citations to the New Mexico Cannabis Regulation Act (Sections 26-2C-1 to 26-2C-42 NMSA 1978) and the Lynn and Eric Compassionate Use Act (Sections 26-2B-1 to 26-2B-10 NMSA 1978).
135
135   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Revision to distance from 330 to 300 feet passed 6/17/2021 as Amendment B6 – Cannabis Distances. Residential zone district struck 6/17/2021 as Amendment B14 – Cannabis Distance Residential. Change from prohibition to conditional use passed 6/17/2021 as Amendment B15, which also overrode the need for the exception to the prohibition language for cannabis microbusiness passed 6/17/2021 as Amendment B21 – Cannabis Microbusiness – Retail, Cultivation, and Manufacturing.
136
136   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B5 – Cannabis Odors. Revised editorialy for consistency with the IDO and to add a cross reference to the relevant procedures.
137
137   2020 IDO Annual Update – Citywide Text Amendments – City COUNCIL REVIEW. Passed 6/17/2021 as Amendment B18 – Cannabis Manufacturing Zoning.
138
138   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
139
139   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
140
140   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
141
141   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
142
142   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See EPC Recommended Condition #2.E.iii. Revised Subsection 4-3(E)(8)(f) for clarity.
143
143   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A13 – PNM.
75
144   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See EPC Recommended Condition #2.E.iii.
76
145   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See EPC Recommended Condition #2.E.iii.
146
146   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See EPC Recommended Condition #2.E.iii.
78
147   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
148
148   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
149
149   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
150
150   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
151
151   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
152
152   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
153
153   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
85
154   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
155
155   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
156
156   2020 IDO Annual Update – Small Area Text Amendments – EPC REVIEW. EPC Recommended Condition #1.G. Revised editorially for clarity.
157
157   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
158
158   2020 IDO Annual Update – Citywide Text Amendments – COUNCIL REVIEW. Passed 6/17/2021 as Amendment B3 – Food Processing.
159
159   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.E. EPC Recommended Condition #5 asked Council to consider adding a new use “Mobile vending and services” be considered to regulate vending and services on private property separate from a food truck.
160
160   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Condition #1.
92
161   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Condition #1. Content moved to new Subsection 14-16-5-5(B)(4).
93
162   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Condition #1. Content moved to new Subsection 14-16-5-5(B)(4).
94
163   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
95
164   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
96
165   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
166
166    2020 IDO Annual Update - Citywide Text Amendments – COUNCIL REVIEW. Revised editorially to correct grammatical fragment.