4-3(D)   COMMERCIAL USES 55

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)
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

Livestock and birds are allowed, provided that the lot has an area of at least 1 acre and that all of the following standards are met.

4-3(D)(3)(a)   The number of cattle or horse shall 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 shall 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 are prohibited within 25 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district.

   3.   Any areas where activities associated with this use are conducted outside of a fully enclosed portion of a building 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.

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 of the following:

   1.   Any Residential zone district.

   2.   Any lot containing any residential use in any Mixed-use zone district.

   3.   Any religious institution.

   4.   Any 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.

4-3(D)(7)   Auditorium or Theater

If Table 4-2-1 specifies 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-6, 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

4-3(D)(10)(a)   For purposes of this Subsection 14-16-4-3(D)(10), "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 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 specifies 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 specifies 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

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 recreational vehicle park use constructed prior to the effective date of this IDO is allowed as a permissive primary use.

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, including but not limited to vacuum stations, drying or polishing stations, and queuing lanes, 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)   Queuing lanes associated with this use shall comply with the requirements of Subsection 14-16-5-5(I)(2) (Drive-through or Drive-up Facility Design).

4-3(D)(16)(d)   Vacuum stations shall be located away from public streets, any Residential zone districts, or any lot containing a residential use in any Mixed-use zone district to the maximum extent practicable. If not practicable, at least 1 tree at least 8 feet high at the time of planting shall be provided for every 25 feet along the lot line in locations that would best screen the vacuum stations from the public right-of-way or the adjacent properties, in addition to all applicable standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening).

4-3(D)(16)(e)   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)(f)   Notwithstanding Subsection (e) above, this use is prohibited adjacent to Major Public Open Space.

4-3(D)(16)(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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

4-3(D)(16)(h)   This use is prohibited in the following small areas as noted.

   1.   Downtown Neighborhood Area - CPO-3

      This use is prohibited in all zone districts.

   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(E) 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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

4-3(D)(18)   Light Vehicle Fueling Station 56

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.

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.   In the MX-M zone district, this use is prohibited.

      b.   In the MX-L zone district, this use requires a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).

   2.   East Gateway Small Area

      This use is prohibited in the following mapped small areas.

   3.   Railroad and Spur Small Area

      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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

   4.   Sawmill/Wells Park - CPO-12

      In the MX-L zone district, this use is prohibited.

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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

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

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 use 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.

4-3(D)(20)(c)   In other zone districts, 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)(d)   In the MX-L zone district, this use is prohibited on lots that are 21,780 square feet or less (½ acre) and that are adjacent to low-density residential development.

4-3(D)(20)(e)   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)(f)   For projects within the Railroad and Spur Small Area, a cumulative impacts analysis may be required at the time of application submittal, pursuant to Subsections 14-16-5-2(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

4-3(D)(20)(g)   In the Downtown Neighborhood Area - CPO-3, this use is prohibited in the MX-L zone district.

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

      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

      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

      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

      Paid parking lots are prohibited in the following mapped small area.

   9.   South Broadway Small Area

      Paid parking lots are prohibited in the following mapped small area.

   10.   South Martineztown Small Area

      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 shall not be located within 1 mile in any direction of any other premises containing a 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 specifies 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 are considered methadone centers pursuant to Article 13-11 of ROA 1994 (Methadone Centers) are allowed as part of this use, but are prohibited in the following locations:

   1.   On lots within 330 feet in any direction of any other facility that dispenses methadone as a primary activity.

   2.   On lots within 330 feet in any direction of a lot containing a religious institution.

   3.   On lots within 500 feet in any direction of an R-1 zone district.

   4.   On lots 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.   On lots within 500 feet in any direction of any other syringe exchange facility.

   2.   On lots within 500 feet in any direction of a lot containing a religious institution.

   3.   On lots 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.   On lots 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 lot containing 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 lot containing a courthouse.

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)   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)(28)(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)(29)   Self-storage 57

4-3(D)(29)(a)   All storage shall be within fully enclosed portions of a building.

4-3(D)(29)(b)   Security fencing shall not include razor wire or barbed wire.

4-3(D)(29)(c)   Abutting any Residential zone district or lot containing a residential use in any Mixed-use zone district, 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 the abutting lot line.

4-3(D)(29)(d)   Within 100 feet in any direction of any Residential zone district or lot containing a residential use in any Mixed-use zone district, public access to any storage units is prohibited between 10:00 P.M. and 7:00 A.M.

4-3(D)(29)(e)   Within 200 feet in any direction of any Residential zone district, internal lighting that is visible from the property line shall not exceed the maximum light trespass values listed in Table 5-8-3 for lighting desingation Lz1 during the outdoor lighting curfew.

4-3(D)(29)(f)   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)(g)   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 58

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.

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 Erin 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. 59

4-3(D)(35)(c)   This use is prohibited within 660 feet of another cannabis retail location.

4-3(D)(35)(d)   This use is prohibited within 300 feet of any school or child day care facility.

4-3(D)(35)(e)   This use shall not include a storage or display area outside of fully enclosed portions of a building.

4-3(D)(35)(f)   Cannabis products or cannabis paraphernalia shall not be displayed within 5 feet of a window or door.

4-3(D)(35)(g)   A locked vault or safe or other secured storage structure shall be installed in the building, bolted to the floor or walls, to store cash and cannabis products overnight.

4-3(D)(35)(h)   A drive-through or drive-up facility is prohibited as accessory to cannabis retail, pursuant to IDO Subsection 14-16-4-3(F)(5).

4-3(D)(35)(i)   All of the following provisions are required for licensed on-site cannabis consumption.

   1.   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 licensed on-site cannabis consumption, which is licensed separately by the State under Sections 26-2C-1 to 26-2C-42 NMSA 1978.

   2.   If the cannabis retail establishment is licensed by the State for on-site cannabis consumption, and smoking or vaporizing is proposed to occur on-site, a cannabis odor control plan approved by the City is required pursuant to Subsection 14-16-6-5(G) (Site Plan - Administrative) or Subsection 14-16-6-6(J) (Site Plan - EPC), as applicable.

   3.   Licensed on-site cannabis consumption areas that allow smoking or vaporizing shall be conducted within fully enclosed portions of a building.

4-3(D)(35)(k)   This use is prohibited in the Old Town - HPO-6.

4-3(D)(36)   Farmers' Market

If Table 4-2-1 specifies 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 60

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-6 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, all of 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 requirements 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 requirements.

      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-6, 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

   5.   North 4th Corridor - CPO-9

   6.   South Yale Small Area

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:

   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

4-3(D)(39)(g)   Nob Hill/Highland Small Area

This use is prohibited in the following mapped small area.

4-3(D)(39)(h)   University Neighborhoods Small Area

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 allowed as a conditional primary use in Table 4-2-1 (i.e. specified 61 as "C" in the table), this use 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 requirements, except where it is allowed as a permissive accessory use pursuant to IDO Subsection (c) below.

   1.   This use is prohibited within 1,000 feet in any direction of a lot containing any other primary nicotine retail use.

   2.   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)   In the MX-M, MX-H, and NR-C zone districts, this use does not require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) if accessory to general retail or a grocery store, in which case it is allowed as a permissive accessory use.

4-3(D)(40)(d)   If allowed as an accessory use in Table 4-2-1 (i.e. specified 62 as either "A" or "CA" in the table), this use is prohibited unless accessory to and part of the same establishment as a general retail or grocery store use, in which case this use is limited to no more than 50 percent of the gross floor area.

4-3(D)(40)(e)   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)(41)   Pawn Shop

4-3(D)(41)(a)   This use shall not be located within 1 mile in any direction of a lot containing any other pawn shop.

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 in any direction of a lot containing 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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

4-3(D)(43)   Freight Terminal or Dispatch Center

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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

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.

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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

 

Notes

55	55 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60]
56	56 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #4. EPC considered but did not recommend approval of a proposed requirement for a perimeter wall around light vehicle fueling stations. [Spreadhseet Item #5]
57	57 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1.
58	58 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1.
59	59 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #59] Revised to fix clerical error in Compassionate Use Act name.
60	60 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #4. EPC considered but did not recommend approval of a proposed requirement for a perimeter wall around general retail uses. [Spreadsheet Item #4]
61	61 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60]
62	62 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60]