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.
Chemical Name | CASRN | Soil Exposure Direct Contact Residential Maximum (mg/kg) |
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 |
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.
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.
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).
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.
These uses are prohibited in the following locations:
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.
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).
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.
In the MX-T zone district, this use shall not exceed 10,000 square feet of gross floor area.
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)(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.
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).
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).
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)(15)(b) Additional standards in Subsection 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations) may apply.
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)(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).
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)(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)(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)(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)(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)(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.
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)(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)(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)(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).
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)(a) This use must comply with all standards in Section 14-16-5-5 (Parking and Loading).
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.
The following standards apply only to small loan businesses.
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.
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)(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).
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.
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.
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.
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.
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)(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)(29)(e) Within 200 feet in any direction of any Residential zone district, internal lighting that is visible from the property line shall be dimmed by 50 percent of the maximum foot lamberts allowed pursuant to Subsection 14-16-5-8(D)(6) between 10:00 P.M. and 7:00 A.M.
Uses and conditions on operations are governed by the Balloon Fiesta Master Plan, as amended.
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).
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)(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)(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 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.
4-3(D)(35)(c) If located within 600 feet of any other 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. 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.
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).
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.
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).
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).
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.
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.
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)(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)(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.
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
This use is prohibited in the following mapped 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)(b) If allowed as a conditional primary use in Table 4-2-1 (i.e. indicated 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. indicated 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)(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)(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)(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)(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).
This use must comply with all standards in Section 14-16-5-5 (Parking and Loading).
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).
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).