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Angel Fire, NM Code of Ordinances
VILLAGE CODE of ANGEL FIRE, NEW MEXICO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 PERSONNEL POLICY
TITLE 3 BUSINESS AND TAXATION REGULATIONS
TITLE 4 PUBLIC HEALTH AND SAFETY
TITLE 5 POLICE REGULATIONS
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 BUILDING REGULATIONS
TITLE 9 ZONING REGULATIONS
TITLE 10 LAND SUBDIVISIONS
TITLE 11 AFFORDABLE HOUSING
TITLE 12 SHORT TERM RENTAL
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9-7-6: HOME OCCUPATIONS:
   A.   Purpose: The purpose of this section is to allow businesses, which do not change the residential character of the premises or neighborhood, are compatible with other homes on adjacent properties, do not draw customers to the home, and do not adversely affect the interests, quality of life, or equity of other property owners in the neighborhood. (Ord. 2005-01, 1-20-2005)
   B.   Definitions:
    DWELLING: Includes an enclosed garage that is an accessory building to a dwelling unit.
   ELECTRICAL INTERFERENCE: Equipment or processes which create visible or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.
   HOME OCCUPATION: A commercial activity of the occupant of a dwelling clearly incidental, subordinate, and secondary to the use of the structure as a dwelling in a residential area, and that does not change the residential character of the site or buildings on the site.
   C.   Performance Standards: A business conducted within a dwelling shall qualify as a home occupation if it meets the following standards:
      1.   Compliance With Laws: Complies with all federal, state and local codes.
      2.   Residential Character Maintained: The residential character of the lot and the dwelling unit shall be maintained. No change in the outside appearance of the building or premises, or any construction feature or alteration not of a residential character, shall be allowed as a result of the home occupation, except as necessary to comply with an accessibility law.
      3.   Home Occupation Within Dwelling: All activity of the home occupation shall be carried on entirely within the dwelling and shall occupy a maximum of six hundred (600) square feet or twenty five percent (25%) of dwelling's heated area, whichever is less.
      4.   Exterior Displays; Outside Storage: The goods, stock in trade, or other commodities associated with the home occupation shall neither be displayed nor visible from a location off the site on which the business is being conducted. There shall be no warehousing of materials/supplies outside the dwelling hosting the home occupation.
      5.   Advertising: There shall be no show windows, window displays or advertising signs or structures on or near the site designed to attract customers, clients or the general public to the premises. The only sign permitted on a residence hosting a home occupation shall have a maximum of two (2) square feet and state only the resident's name and the street and number.
      6.   Traffic Restricted: The home occupation may not generate any additional amount of vehicular or pedestrian traffic. Business related vehicles may only park in the existing garage or an existing driveway. Parking of vehicles is not permitted on any public roadway.
      7.   Noise, Erosion, Vibration, Etc.: No equipment or process shall be used which has objectionable operational characteristics or effects, or which would identify the premises as serving a nonresidential character. These can include, but are not limited to, noise, erosion, vibration, fumes, odors, dust, smoke, lighting, effluent or electrical interference detectable to normal senses off the site of the dwelling hosting the home occupation.
      8.   Hazardous Activity Prohibited: No hazardous activity shall be permitted as part of a home occupation. This includes processes associated with the product of the home activity or storage of materials capable of generating fire, toxicity, or explosion. (Ord. 2002-02, 1-17-2002)
9-7-7: PROPANE TANKS:
   A.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.
   B.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.
   C.   Buried Tanks: All propane tanks that are buried shall require aboveground valve protection. (Ord. 2002-02, 1-17-2002)
9-7-8: EXTERIOR LIGHTING:
   A.   General Provisions:
      1.   Exterior lighting shall be low lumens and pointing downward so as to minimize night sky illumination and avoid disturbance of adjacent property owners. All on site wiring shall be underground.
         a.   Temporary power poles may be utilized for a period of twelve months with approval from the Village Manager or Director of Planning and Zoning. This temporary allowance may be extended one time for an additional twelve months. Consideration for this request shall be contingent upon the utility service provider's ability to install underground wiring in a timely manner.
   2.   Freestanding lighting in all Residential Zones shall have a maximum height of eight feet (8') and, in all Commercial Zones, a maximum height of twenty feet (20').
      3.   No sodium yard lights and no mercury vapor outdoor lighting fixtures are permitted.
      4.   All outdoor lighting fixtures shall be shielded, top and sides, to sixty degrees (60°) below the light source.
      5.   Outdoor lighting fixtures not meeting these provisions shall be allowed if the fixture is extinguished by an automatic shutoff device between the hours of eleven o'clock (11:00) P.M. and sunrise. (Ord. 2002-02, 1-17-2002)
      6.   Lighting systems used for lighting Federal and State flags within the C-1, C-2, O-1 or O-2 Zones are exempt from general provisions of subsections A1 through A5 of this section. (Ord. 2005-01, 1-20-2005)
   B.   Plan Required: Exterior lighting plans shall be included in plans required to be submitted to the Planning and Zoning Office in a site plan or a zoning certificate application.
   C.   Recreational Facilities: No outdoor recreational facility, whether public or private, shall be illuminated after eleven o'clock (11:00) P.M. except to conclude any recreational or sporting event or other activity in progress prior to eleven o'clock (11:00) P.M.
   D.   Parking And Street Areas: Lighting required in parking and street areas shall be in accordance with this title.
   E.   Existing Lighting: Lighting in existence and operable on the effective date of this title is permitted unless and until replaced or modified. Replaced or modified lighting shall conform to the provisions of this title. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2023-03, 3-14-2023)
9-7-9: VEHICLE STORAGE:
   A.   Prohibited Vehicles:
      1.   Wrecked, Inoperable Vehicles: No owner of a lot nor any other person shall be permitted to store wrecked or inoperable vehicles on any lot or on any street.
      2.   Oversized Vehicles: No oversized vehicle is to be left unattended on any street. An oversized vehicle is any vehicle ninety inches (90") in width. (Ord. 2002-02, 1-17-2002)
   B.   Screening Requirements: RVs, motorized construction equipment, travel trailers, watercrafts, horse trailers, or utility trailers that measure more than four feet (4') high as measured from the ground or more than twenty feet (20') in length and any other vehicle parked on any residential lot, unless garaged must be operable and registered. They must be parked on the side or behind the residence and screened from view from any adjacent street or residence.
      1.   Screening by wooden fences or non-deciduous trees or combination of both of sufficient height to screen objects located inside from normal public view and must meet all setback requirements of this title.
      2.   Walls or fences that are in harmony with the house style and must meet setback requirements of this title.
      3.   A zoning permit is required prior to any placement of screening. (Ord. 2019-03, 4-16-2019)
9-7-10: FENCES AND WALLS:
   A.   Permit Required: Fences and walls require a permit and/or must be included on a site plan.
   B.   Height Restrictions:
      1.   Fences and walls shall have a maximum height in Residential Zones of six feet (6') and shall have a maximum height in Commercial Zones of eight feet (8').
      2.   Wall and fence height will be measured from ground level; if there is a difference in grade due to a step or retaining wall, then the height shall be measured for the height from the high side.
   C.   Materials Restricted:
      1.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by solid fencing.
      2.   The use of barbed wire, concertina wire, razor ribbon, or other barbed type obstacles is prohibited. (Ord. 2002-02, 1-17-2002)
      3.   Intermediate wood horizontal guards in railings shall not be permitted on elevated platforms over thirty inches (30") high on balconies, decks, elevated catwalks and walkways. (Ord. 2008-05, 7-15-2008)
   D.   Gates: Entry gates shall be located behind the front yard setback line and shall not exceed fourteen feet (14') in height and twenty feet (20') in width. (Ord. 2002-02, 1-17-2002)
   E.   Retaining Walls Over Four Feet: (Rep. by Ord. 2005-01, 1-20-2005)
   F.   Swimming Pools And Hot Tubs: All outdoor swimming pools, jacuzzis, and hot tubs shall be completely enclosed by a wall or fence at least six feet (6') in height with self-closing devices on all access gates. Jacuzzis and hot tubs may use locking covers.
   G.   Tennis Courts: Tennis courts may have chainlink fences a maximum height of twelve feet (12'), provided they shall be located to the side or to the rear of the principal building.
   H.   Opaque Fences And Walls Required: Screening by an opaque fence or wall of sufficient height to screen objects located inside from normal public view shall be required for:
      1.   Service yards (not over 6 feet high).
      2.   Fuel tanks.
      3.   Trash containers.
      4.   Utility substations. (Ord. 2002-02, 1-17-2002)
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