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4-3(E)   INDUSTRIAL USES
4-3(E)(1)   Artisan Manufacturing
4-3(E)(1)(a)   This use shall 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
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.
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 Erin 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. 63
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.
4-3(E)(2)(d)   This use shall be conducted within the fully enclosed portions of a building, with the following exceptions.
   1.   In any Non-residential zone district, 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).
   2.   In any Non-residential zone district, a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) is required in order to conduct any other specific activities outside of the fully enclosed portions of a building.
4-3(E)(2)(e)   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.
4-3(E)(2)(f)   A Letter of Availability from the ABCWUA, including estimate of volume of water to be used annually for operations, shall be provided with application materials.
4-3(E)(2)(g)   In any Mixed-use zone district, this use shall not exceed 10,000 square feet of gross floor area.
4-3(E)(2)(h)   This use is prohibited in the Old Town - HPO-6.
4-3(E)(3)   Cannabis-derived Products Manufacturing
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.
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 Erin 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. 64
4-3(E)(3)(c)   A Letter of Availability from the ABCWUA, including estimate of volume of water to be used annually for operations, shall be provided with application materials.
4-3(E)(3)(d)   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.
4-3(E)(3)(e)   This use shall be conducted within the fully enclosed portions of a building, with the following exceptions.
   1.   In any Non-residential zone district, 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).
   2.   In any Non-residential zone district, a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) is required in order to conduct any other specific activities outside of the fully enclosed portions of a building.
4-3(E)(3)(f)   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, if any of the following activities will be occuring on the property:
   1.   Oil activation.
   2.   Distillation.
   3.   Extraction.
4-3(E)(3)(g)   In any Mixed-use zone district, the following standards apply.
   1.   This use shall not exceed 10,000 square feet of gross floor area.
   2.   The use of hazardous materials as defined by federal regulations is prohibited.
4-3(E)(3)(h)   This use is prohibited in the Old Town - HPO-6.
4-3(E)(4)   Light Manufacturing
4-3(E)(4)(a)   Except as specified in Subsection (b) below, 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)(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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
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 for Heavy Manufacturing pursuant to in Subsection 14-16-4-3(E)(5).
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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
4-3(E)(8)   Electric Utility 65   66
4-3(E)(8)(a)   A substation shall be surrounded by an opaque perimeter wall a minimum of 12 feet high set back a minimum of 10 feet from all property lines to allow for a landscaped buffer area. The perimeter wall shall be a combination of split face and smooth face blocks or cast-in-place walls with a discernable pattern and/or shall provide pilasters at least every 20 feet along the length of the wall. 67
4-3(E)(8)(b)   Outside of the perimeter wall, a substation shall be surrounded by a landscaped buffer area at least 10 feet wide, consisting of shrubs and other vegetation that complies with the safety and maintenance requirements for substations.
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, unless specified otherwise in this IDO, the DPM, or other adopted City regulations.
4-3(E)(8)(f)   Utility-scale electric generation facilities, as defined 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, unless specified otherwise in this IDO.
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)(10) (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)(11)) (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)(12) (Wind Energy Generation).
4-3(E)(9)   Energy Storage System (ESS) 68   69   70
4-3(E)(9)(a)   This use shall be surrounded by an opaque perimeter wall at least 8 feet and not more than 12 feet high set back to allow a landscaped buffer area as specified in 4-3(E)(9)(b) below. The perimeter wall shall be a combination of split face and smooth face blocks or cast-in-place walls with a discernable pattern and/or shall provide pilasters at least every 20 feet along the length of the wall.
4-3(E)(9)(b)   Except where abutting industrial development, a landscaped buffer area shall be provided outside of the perimeter wall that meets all of the following requirements.
   1.   The required landscaped buffer shall contain at least 1 tree for every 25 feet along the lot line.
   2.   The landscaped buffer shall comply with the safety and maintenance requirements for an ESS, in addition to all applicable standards in Section 14-16-5-5(I)(2)(g) (
   3.   Landscaping, Buffering, and Screening), including but not limited to Subsection 14-16-5-6(C)(10) (Planting near Utilities).
   4.   In Residential zone districts, the landscaped buffer shall be at least 20 feet wide or the width of the setback if the required wall follows contextual standards for front setbacks pursuant to Subsection 14-16-5-1(C)(2)(c), whichever is less.
   5.   In Non-residential and Mixed-use zone districts, the landscaped buffer shall be at least 10 feet wide.
4-3(E)(9)(c)   All onsite utility lines and associated equipment shall be placed underground or pad mounted, unless soil conditions, shape, or topography of the site as verified by the City Engineer dictate above-ground installation, with the exception of the main service connection at the utility right-of-way and any new interconnection equipment, including without limitation any poles, as allowed by the electric utility.
4-3(E)(9)(d)   All existing ESS facilities that undergo expansion beyond the perimeter wall shall meet the design standards for new ESS facilities.
4-3(E)(9)(e)   All ESS facilities that are not in use for a period of 1 year shall be removed by the owner within the following 6 months. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. The owner shall notify the City when removal of the ESS occurs.
4-3(E)(9)(f)   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). The uses may be located inside the same perimeter wall.
4-3(E)(9)(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)(10) (Geothermal Energy Generation).
4-3(E)(9)(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)(11) (Solar Energy Generation).
4-3(E)(9)(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)(9) and in Subsection 14-16-4-3(E)(12) (Wind Energy Generation).
4-3(E)(9)(j)   In Residential zone districts, the following requirements apply.
   1.   This use is limited to a maximum size of 1 acre, unless accessory to another primary use or a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A).
   2.   This use shall be concealed to be the least visually and physically intrusive as possible and to have the least adverse visual effect on the environment and its character and nearby residences by meeting all of the following requirements.
      a.   This use shall be aesthetically integrated with the existing buildings, structures and landscaping to blend in with the nature and character of the built and natural environment in terms of height, color, architectural style, massing, and materials.
      b.   This use shall be located to avoid a dominant silhouette on escarpments and next to Major Public Open Space.
      c.   The perimeter wall shall use the same architectural materials (e.g., stucco, brick, concrete) as structures on lots within 330 feet of the subject property.
      d.   Every 20 feet along the length of the perimeter wall shall include architectural elements such as decorative grillwork, lintels, portals, windows or doors, awning, or other external features to avoid visual monotony. A change in color alone does not satisfy this requirement.
4-3(E)(10)   Geothermal Energy Generation
4-3(E)(10)(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)(10)(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)(10)(c)   Underground geothermal energy devices may be located anywhere on the property.
4-3(E)(10)(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)(10)(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)(10) and in Subsection 14-16-4-3(E)(8) (Electric Utility).
4-3(E)(10)(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)(11) (Solar Energy Generation).
4-3(E)(10)(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)(12) (Wind Energy Generation).
4-3(E)(11)   Solar Energy Generation
4-3(E)(11)(a)   This use is allowed pursuant to Section 47-3-4 NMSA 1978. Other State and federal rules may apply.
4-3(E)(11)(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)(11) and in Subsection 14-16-4-3(E)(8) (Electric Utility).
4-3(E)(11)(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)(10) (Geothermal Energy Generation).
4-3(E)(11)(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)(12) (Wind Energy Generation).
4-3(E)(12)   Wind Energy Generation
4-3(E)(12)(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)(12)(b)   Rooftop-mounted wind energy devices shall only be allowed on structures with a valid building permit.
4-3(E)(12)(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)(12)(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)(12)(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)(12)(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)(12) and in Subsection 14-16-4-3(E)(9) (Geothermal Energy Generation).
4-3(E)(12)(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)(12) and in Subsection 14-16-4-3(E)(11) (Solar Energy Generation).
4-3(E)(13)   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)(13)(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-6.
   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 2,640 feet (1/2 mile) in any direction meets the minimum engineering requirements and/or has the space available 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 2,640 feet (1/2 mile) in any direction 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)(13)(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)(13)(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)(13)(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)(13)(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)(13)(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)(13)(g)   Lighting and Signage 71
   1.   Only security lighting or lighting required by a State and/or federal agency is allowed, provided that all of the following requirements 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.   Lighting shall not exceed maximum light trespass values in Table 5-8-3 for the relevant lighting designation during outdoor lighting curfew hours.
   2.   Only signage required by State or federal law is allowed.
4-3(E)(13)(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)(13)(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)(13)(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)(13)(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:
      a.   Alameda Boulevard.
      b.   Central Avenue.
      c.   Coors Boulevard.
      d.   Griegos Road.
      e.   Interstate Highway 25.
      f.   Interstate Highway 40.
      g.   Paseo del Norte.
      h.   Rio Grande Boulevard.
      i.   Sunport Boulevard.
      j.   Tramway Boulevard.
      k.   Unser Boulevard.
4-3(E)(13)(l)   Location near Major Public Open Space
Within 1,320 feet (¼ mile) of the property line of any Major Public Open Space or the Petroglyph National Monument, only the following WTFs are allowed:
   1.   Collocations.
   2.   Public utility collocations.
   3.   Architecturally integrated WTFs.
4-3(E)(13)(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-6 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)(13)(n)   Location in Other Small Areas 
   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)(14)   Recycling Drop-off Bin Facility
4-3(E)(14)(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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
4-3(E)(15)   Salvage Yard
4-3(E)(15)(a)   This use 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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
4-3(E)(16)   Solid Waste Convenience Center
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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
4-3(E)(17)   Waste and/or Recycling Transfer Station
4-3(E)(17)(a)   This use is prohibited within 330 feet of Major Public Open Space.
4-3(E)(17)(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(E)(18)   Outdoor Storage
4-3(E)(18)(a)   This use shall comply with the provisions in Section 14-16-5-6 (Landscaping, Buffering, and Screening).
4-3(E)(18)(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)(18)(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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).
4-3(E)(19)   Warehousing
4-3(E)(19)(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)(19)(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(E)(20)   Wholesaling and Distribution Center
4-3(E)(20)(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)(20)(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)(20)(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(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

 

Notes

63
63 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.
64
64 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.
65
65 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #22. EPC considered but did not recommend approval of proposed changes to the Electric Utility use related to Battery Energy Storage Systems (BESS). [Spreadsheet Item #6 and Item #55 and Exhibit - Battery Energy Storage System]
66
66 2023 IDO Annual Update - Citywide Text Amendments - COUNCIL REVIEW. Council Amendment B3 [O-24-13]. Passed 6/17/2023.
67
67 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with the IDO. [Spreadsheet Item #60]
68
68 2023 IDO Annual Update - Citywide Text Amendments - LUPZ REVIEW. LUPZ Amendment A6 [O-24-13]. Withdrawn 5/15/2024.
69
69 2023 IDO Annual Update - Citywide Text Amendments - COUNCIL REVIEW. Council Amendment B3 [O-24-13]. Passed 6/17/2023.
70
70 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with the IDO and for clarity. [Spreadsheet Item #60]
71
71 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1.