4-3(F)(2)(d) In any Residential zone district, 1 non-illuminated sign is allowed, provided that it meets the requirements in Table 5-12-1.
4-3(F)(3)(c) This use may be operated outside an enclosed structure. Animals shall be contained on the property by a wall, fence, vegetated screen, retaining wall, pen, or enclosure that complies with requirements in Section 14-16-5-7 (Walls and Fences).
4-3(F)(3)(d) In Residential zone districts other than R-A or any Mixed-use zone district, keeping cows and horses on a property shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), provided that both of the following requirements are met.
1. The property contains at least ½ acre of gross land area.
2. The number of animals does not exceed 1 cow or horse for each 10,000 square feet of net lot area, or equivalent combination. Animals under 4 months old are not counted.
4-3(F)(3)(e) Where general agriculture is allowed in the R-A zone district or any Non-residential zone district, keeping cows and horses is allowed as incidental to that use, pursuant to any Use-specific Standards in Subsection 14-16-4-3(D)(3).
4-3(F)(4)(a) This use is only allowed when accessory to a use in the Industrial Uses category pursuant to Table 4-2-1.
4-3(F)(4)(d) This use shall comply with distance separations in the Use-specific Standard for Heavy Manufacturing in Subsection 14-16-4-3(E)(5)(e).
4-3(F)(5)(a) Each stacking lane is limited to a maximum order board area of 50 square feet. The face of the order boards shall be oriented away from public streets to the maximum extent practicable. If not practicable, at least 2 evergreen trees shall be planted in the landscape buffer area required by Subsection 14-16-5-5(I)(2)(a) in locations that would best screen the order board from the public right-of-way.
4-3(F)(5)(d) Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).
1. Downtown Small Area
This use is prohibited in the following mapped small area.
2. Downtown Neighborhood Area - CPO-3
a. This use is prohibited in the MX-L zone district unless accessory to a use other than a restaurant or any use in the Retail Sales category.
b. This use is prohibited in the MX-M zone district.
3. East Downtown - CPO-4
This use is prohibited in the East Downtown - CPO-4.
4. East Downtown - HPO-1
This use is prohibited in the East Downtown - HPO-1.
5. Nob Hill Small Area
This use is prohibited in the following mapped small areas.
6. Sawmill/Wells Park - CPO-12
This use is prohibited in the MX-L and NR-LM zone districts in the Sawmill/Wells Park - CPO-12.
7. South Yale Small Area
This use is prohibited in the MX-L and MX-M zone districts in the following mapped small area.
8. University Neighborhoods Small Area
This use is prohibited in any Mixed-use zone district in the following mapped small area.
9. Uptown Small Area
Within 330 feet of Louisiana Boulevard right-of-way between I-40 and Indian School Road, this use is conditional if accessory to a restaurant; otherwise, this use is prohibited if accessory to a restaurant in the following mapped small area (which includes all of the Uptown Urban Center as mapped in the ABC Comp Plan, as amended).
10. Volcano Heights Urban Center
This use is prohibited in the Mixed-use zone districts in this Center as mapped in the ABC Comp Plan, as amended.
11. Volcano Mesa - CPO-13
This use is prohibited, unless accessory to a use other than restaurant, in the 3 areas mapped below.
1. Where added as accessory to a single-family or two-family detached dwelling, this use must be provided as an accessory building.
a. A renovation to a single-family detached dwelling to create a second unit with a kitchen, a separate entrance, and no shared spaces within the original dwelling is regulated separately as a two-family detached dwelling in Table 4-2-1.
b. A second kitchen within a single-family or two-family detached dwelling is regulated separately as an allowable accessory use in Table 4-2-1.
2. In a Mixed-use or Non-residential zone district, an accessory dwelling unit may be added for the caretaker of a primary non-residential use, either attached to or detached from the building with a primary use.
4-3(F)(6)(e) A detached accessory dwelling unit shall comply with any applicable provisions of Subsection 14-16-5-11(C)(4) (Accessory Buildings).
1. Downtown Neighborhood Area - CPO-3
a. An accessory dwelling unit shall not exceed 650 square feet of gross floor area. A garage or shed attached to an accessory dwelling unit shall not count toward this size limit.
b. A detached accessory dwelling unit shall not exceed the height of the primary dwelling or 18 feet, whichever is less.
2. Sawmill/Wells Park - CPO-12
Accessory dwelling units in the R-1 zone district are only allowed on lots with a minimum of 7,000 square feet in the Sawmill/Wells Park - CPO-12.
4-3(F)(10)(b) The following uses from Table 4-2-1 and activities are prohibited as home occupations:
1. Any use in the Agricultural or Animal-related category.
2. Any use in the Food, Beverage, and Indoor Entertainment category, except a catering service that meets the requirements of the state Homemade Food Act and does not require a permit from the New Mexico Environment Department.
3. Any use in the Motor Vehicle-related category.
4. Any use in the Industrial Uses category.
5. Commercial services.
6. Construction contractor facility and yard.
7. Crematorium.
8. Mortuary.
9. Adult retail.
10. Liquor retail.
11. Any use involving the storage or use of hazardous materials.
12. Cannabis retail.
13. Nicotine retail.
4-3(F)(10)(c) No more than 25 percent of the floor area of the dwelling unit where the operator of the home occupation(s) resides may be devoted to the home occupation(s), except that in the MX-T district up to 50 percent of the floor area of the dwelling unit may be devoted to home occupations. If more than one home occupation is conducted in the dwelling, these limits shall apply to all home occupations collectively, not individually.
4-3(F)(10)(g) The outside appearance of the dwelling or unit shall not show evidence of the use, including but not limited to outside storage, noise, dust, odors, noxious fumes, or other nuisances emitted from the premises, except that 1 non-illuminated sign is allowed. In any Residential zone district, the maximum size of the sign is regulated by Table 5-12-1. In any Mixed-use zone district, the sign may not exceed 2 square feet.
4-3(F)(10)(h) All parking requirements in Section 14-16-5-5 (Parking and Loading) shall be met, including but not limited to Subsection 14-16-5-5(F)(2)(a) and Table 5-5-6 that limit front yard parking.
This use is only allowed when accessory to an assisted living facility or nursing home.
4-3(F)(12)(a) For purposes of this Subsection 14-16-4-3(F)(11), "operation" of a mobile food truck includes any activity involved with food preparation or sales unless specified otherwise in this IDO.
1. Indefinitely, if they do not occupy any required off-street parking spaces for the primary use on the subject property.
2. Up to 7 calendar days, if they do not occupy more than 10 percent of the required off-street parking spaces for the primary use on the subject property.
3. For the amount of time specified on an approved Temporary Use Permit, if they occupy more than 10 percent of required off-street parking spaces for the primary use on the subject property.
4-3(F)(12)(d) To locate more than 5 mobile food trucks on one lot, a Site Plan - Administrative demonstrating adequate public access and safety and vehicle circulation must be reviewed and decided pursuant to Subsection 14-16-6-5(G).
1. The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the Mobile food truck and made available for review by any City inspector at all times during the operation of the mobile food truck at the site.
2. The mobile food truck does not operate on the same residential property more than 12 days in any calendar year.
1. The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food truck is operating outside of the business hours of on-premises uses.
2. The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not obstruct any designated ingress or egress from the property, or any designated drive aisle.
3. The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck at the site.
4. The use is located on a paved surface.
4-3(F)(12)(i) In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district. Other sales or services may be allowed as approved by the City Parks and Recreation Director.
4-3(F)(13)(c) In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile vending cart and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district.
4-3(F)(14)(b) Where this use is allowed, the runs must be screened from any adjacent property in any Residential zone district or any lot containing a residential use in any Mixed-use zone district by an opaque wall, fence, or vegetative screen at least 6 feet in height, made of materials similar in color and materials to those used on the primary building.
1. Any outdoor dining area must maintain a minimum clear path of 4 or 6 feet, depending on adjacent roadway classification, per Section 6-5-5-14 of ROA 1994 (Sidewalk Design and Construction Standards and Procedures), in order to maintain use of the public sidewalk for all users.
2. The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City that establishes the boundaries of the area permitted for this use.
3. Before and after the immediately abutting primary business's operating hours, all furniture, equipment, and goods shall be removed from the sidewalk area or otherwise secured to prevent movement by natural elements or by unauthorized persons.
4. Outside of the operating hours of the immediately abutting primary business, the sidewalk area shall be cleaned of all dining materials and waste.
4-3(F)(15)(d) Outdoor dining areas where alcohol is consumed must meet all applicable New Mexico State law requirements. If this results in the construction of a wall, fence, or similar barrier around the perimeter and the wall, fence, or similar barrier is located on the sidewalk, all of the following requirements shall be met.
1. The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City.
2. A decorative wall, fence, or similar barrier shall be limited to between 3 feet and 4 feet in height and shall be located at least 6 feet from any building standpipe, hydrant, crosswalk, drive aisle, alleyway, access ramp, parking meter, landscape bed, street tree, sign post, utility pole, or similar obstacle.
3. The depth of the area enclosed by a wall, fence, or barrier shall not be greater than 50 percent of the width of the sidewalk, measured from back of curb to the building edge closest to the sidewalk, and shall leave a clear pedestrian passage area at least 6 feet in width.
4. The area enclosed by a wall, fence, or barrier shall not contain any utility vault.