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For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACCESSORY. A use or structure normally incidental to a principal use or structure on the same lot.
BUILDING HEIGHT. The vertical distance from the finished lot grade to the highest point of the coping of a flat roof; the deck line of a mansard roof; or the average height between the top plate and ridge of a gable, hip, or gambrel roof.
CANNABIS. All parts of the plant of the genus cannabis containing a delta-9-tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. CANNABIS does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds to prepare topical or oral administrations, food, drink, or other products.
CANNABIS CONSUMPTION AREA. An area where cannabis products may be served and consumed.
CANNABIS CULTIVATION. A facility in which cannabis is grown, harvested, dried, cured, or trimmed.
CANNABIS PRODUCT. Cannabis concentrate and products that are composed of cannabis and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
CANNABIS PRODUCT MANUFACTURING. A facility for the processing, including but not limited to extraction, refinement, isolation, or packaging of a product other than cannabis itself, which contains or is derived from cannabis, including but not limited to concentrates, cannabis infusions, edible products, ointments, and tinctures, but excluding hemp. See also HEMP.
CANNABIS RETAIL. A retail sales establishment licensed by the state to sell cannabis and cannabis products to qualified patients, primary caregivers, and reciprocal participants and directly to consumers.
CONDITIONAL USE. Any one of those uses enumerated as conditional uses in a given zone district or any use which satisfies the provisions of § 154.10. Such uses require individual approval and permit granted by the Planning and Zoning Commission. A conditional use shall not be considered as a nonconforming use under the provisions of this chapter.
DWELLING UNIT. One or more connected rooms and a single kitchen designed for and occupied by no more than 1 family for living and sleeping purposes.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or legal adoption, no such family shall contain more than 3 unrelated persons.
FLOOR AREA. The total gross area of all floors of a building.
GOVERNING BODY. The Board of Trustees and Mayor of the Town of Clayton.
GRADE. The average of the finished ground level at the center of all walls of the building or at the center of the structure.
HEMP. As defined by NMSA § 20-10-2-7. For the purposes of this chapter, hemp is not regulated as cannabis. See also CANNABIS.
HOME OCCUPATION. An occupation conducted in a dwelling unit pursuant to conditional use requirements in § 154.10.
LOT. Any parcel of land platted or described by metes and bounds and placed on record with the town or county in accordance with all applicable laws and ordinances.
(1) LOT, AREA. The total aggregate area of the lot as measured to include all the land in the lot inside its property lines.
(2) LOT, CORNER. Any lot located at the intersection of, and having frontage on 2 or more streets.
(3) LOT, WIDTH. The average distance between the side lot lines measured parallel to the front lot line.
(4) LOT LINE, FRONT. The boundary of a lot bordering on a street. For the purpose of determining setback requirements on a corner lot and a lot which has frontage on 2 streets and is not a corner lot, all sides bordering on a street shall be considered the front.
(5) LOT LINE, REAR. The boundary of a lot opposite the front lot line. A corner lot shall have 1 rear lot line which is opposite the front of the structure on such corner lot. A lot which has frontage on 2 streets and is not a corner lot has no rear lot line.
(6) LOT LINE, SIDE. Any boundary line of a lot which is not a front line or a rear lot line.
(7) LOT OF RECORD. A lot placed on record on or before the effective date of this chapter or an amendment hereto.
MARIJUANA. Used interchangeably with CANNABIS and means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. MARIJUANA does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds to prepare topical or oral administrations, food, drink, or other products.
MARIJUANA TESTING FACILITY. The State of New Mexico, Regulation and Licensing Division, or its successor agency, or another entity that is licensed by the Regulation and Licensing Division to analyze the potency of marijuana and test marijuana for harmful contaminants.
MOBILE HOME PARK. Any tract of land that is divided into rental spaces under common ownership or management for the purpose of locating 2 or more manufactured homes for dwelling purposes.
MOBILE HOUSING UNIT or MOBILE HOME. A vehicle or structure which is greater than 8 feet wide and greater than 40 feet long and which:
(1) Is designed or used as a dwelling;
(2) Is not designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Uniform Building Code;
(3) Whose structural, electrical, water supply, sanitary sewage, heating, insulation, and mechanical parts and components are not designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Uniform Building Code; and
(4) Which is designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Mobile Housing Act or the Federal Mobile Home Construction and Safety Standard.
N.M.E.I.D. New Mexico Environmental Improvement Division, or any state regulatory agency whose purpose is the environmental protection of the public.
NON-CONFORMING USES, LOTS, STRUCTURES. Any lot, building, structure, or portion thereof, or use of any building or lot which does not conform to the provisions of this chapter and which lawfully existed on the effective date of those provisions with which it does not conform.
PLANNING AND ZONING COMMISSION. A body appointed by the governing body and delegated the power, authority, jurisdiction, and duty to enforce and carry out the provisions of this chapter.
RECREATIONAL VEHICLE. A structure which does not exceed 8 feet in width and 40 feet in length and which:
(1) Is designed or used as temporary living quarters for recreational, camping or travel; and
(2) Is a self-propelled motor vehicle or is a wheeled vehicle with no motive power of its own, or is designed to be mounted on a motor vehicle, such as a pick-up camper.
SETBACK. The required distance between every building or structure, fences excepted, and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, except as otherwise provided in this chapter.
(1) SETBACK, FRONT. An open area extending across the full width of a lot, the depth of which is the shortest distance between the front lot line and the nearest portion of a building or structure located on the lot.
(2) SETBACK, REAR. An open area extending across the full width of a lot, the depth of which is the shortest between the rear lot line and the nearest portion of the building or structure located on the lot.
(3) SETBACK, SIDE. An open area not included in any front or rear setbacks of a lot and measured in width by the shortest distance between a side lot line and the nearest portion of a building or structure located on the lot.
SIGN. A device designed to inform or attract the attention of persons not on the premises on which the device is located.
SPOT ZONING. Assigning a lot, a parcel, or several lots or parcels a zoning classification inconsistent with that of the zone district in which it is located with the effect of conferring special benefits or privileges upon particular property owners, or bringing about a detriment to the general welfare of the surrounding neighborhood.
STRUCTURE. Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels, but exclude sidewalks, driveways and uncovered patios.
USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
VARIANCE. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship that would deprive the owner of the reasonable use of land or building. As used in this chapter, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking, and off-street loading requirements.
(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021)
(A) Storage of boats, campers, trailers (to include livestock trailers and any type of flat bed trailer), or other recreational vehicles will be permitted in all zones for no more than 30 continuous days unless the owner has obtained a variance from the planning and zoning committee for a longer period so long as such boat camper or trailer is currently registered with the department of motor vehicles with a current registration sticker being displayed, and is in operable condition. Vehicles cannot be parked within 30 feet of an intersection and or fire hydrant and cannot obstruct ingress or egress of private driveways. Boat, camper, trailer, or vehicle cannot be used as a dwelling or additional living quarters for more than 30 days for an occasional guest and is not connected to utilities except for use by such guest. In no case shall a recreational vehicle be allowed as a permanent dwelling or office unless the owner has obtained a variance from the planning and zoning committee.
(B) Home occupations are permitted only to the extent authorized by the express provisions in this chapter.
(C) Fences or walls will not exceed 6 feet in height except by variance permit.
(D) The setback in buildings and structures shall have the following minimum setback unless otherwise provided in this chapter or excepted by permit:
(1) In Residential Zones: Front - 25 feet. There are no side or rear setback requirements except as required by division (A) of this section and as required by off street parking requirement.
(2) In Commercial and Industrial Zones, there are no setback requirements except as are required by division (G) of this section and as required by off street parking requirement.
(3) In special use situations, setbacks shall be dictated on a case by case basis by the Zoning and Planning Commission giving due regard to the general residential or commercial characteristics of the area in question. In no case shall the setback requirements be more restrictive than those imposed upon residential property by this part. However off-street parking requirements and requirements set out in division (G) of this section are independent of the setback requirements in all cases.
(E) Off-street parking in all zones is provided in § 154.08 of this chapter.
(F) Off-street loading in all zones is provided in § 154.09.
(G) No obstructions to view shall be placed or maintained between 3 feet and 8 feet above the street level within the triangular space at the street corner of a corner lot as defined by the street rights-of-way bordering the corner lot and a line connecting 2 points each located 25 feet distant along such street rights-of-way from the intersection or projected intersection of the street right-of-way lines.
(H) The minimum lot area for each zone shall be as required by this chapter, but in no case shall be less than that required by the N.M.E.I.D. In no case shall lot area boundary lines include any portion of a proposed or existing public road or street, being defined here as a right-of-way used or to be used by more than 1 property owner.
(Ord. 558, passed 12-8-1986; Am. Ord. 679, passed 6-15-2011; Am. Ord. 702, passed 4-11-2018) Penalty, see § 154.99
(A) Within the zones established by this chapter, or amendments that may later be adopted, there may exist: lots, structures, uses of land, uses of structures, signs, and characteristics of use which were lawful before this chapter was passed or amended, but which are not lawful under the terms of this chapter or any future amendments hereto. It is the intent of this chapter to allow these non-conformities to continue until they are removed, but not to encourage their survival.
(B) At any time after the effective date of this chapter, the Planning and Zoning Commission or the Zoning Administrator shall notify the owner of property containing a non-conforming use, lot, structure, or sign, by certified mail return receipt requested, that such use, lot, structure, or sign does not conform with the requirements of this chapter. The notice shall advise the owner that if the owner fails to apply to the Zoning Administrator for a certificate of non-conformance within 30 days from the date the notice was received by the owner, that the use, lot, structure, or sign shall be considered a violation of this chapter. Upon receipt of an application for certificate of non-conformance, the Zoning Administrator shall determine whether the use, lot, structure, or sign was lawful before this chapter was passed or amended. If so, then the Zoning Administrator shall issue the certificate of non-conformance. If the use, lot, structure or sign was not lawful before this chapter was passed or amended, then the Zoning Administrator shall not issue the certificate of non-conformance. If the decision of the Zoning Administrator to refuse the issue the certificate of non-conformance is not appealed, then the decision shall be considered final and the use, lot, structure, or sign shall be considered in violation of this chapter.
(C) A use, structure or sign for which a certificate of non-conformance has been issued shall not be enlarged, expanded, or extended, but the addition of a lawful use under the terms of this chapter to any portion of a nonconforming building for which a certificate of non-conformance has been issued shall not be deemed an extension of such non-conforming use.
(D) A non-conforming building for which a certificate of non-conformance has been issued may not be reconstructed or structurally altered during its life to an extend exceeding an aggregated cost of 25% of the assessed value of the building unless said building when rebuilt contains a conforming use and otherwise conforms with this chapter. Any building damaged by fire or other causes to the extent of more than 50% of its assessed value shall only be restored or rebuilt after an application for such restoration or rebuilding has been approved by the Planning and Zoning Commission. Such application must show that the building and its use fully comply with this chapter.
(E) Whenever a non-conforming use has been discontinued for a period of 90 days or more, such use shall not thereafter be re-established, and any future use shall be in conformance with the provisions of this chapter.
(F) Nothing in this chapter shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to enactment of this chapter.
(Ord. 558, passed 12-8-1986)
No building or structure shall be erected, moved, added to, or structurally altered without first obtaining a building permit as required by the applicable ordinances of the town.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) In all zone districts, there shall be provided, at the time any new building or structure is erected, off-street parking spaces as set forth in the following subsections. All existing buildings or structures need supply such parking only to the extend ground space is available. Off-street parking must be provided on site.
(B) The minimum number of parking spaces to be provided shall be shown on the following list:
(1) Single-family dwellings: 2 spaces per dwelling unit.
(2) Hospitals, clinics, and convalescent or nursing homes: 1 space per bed, and 1 space per staff doctor.
(3) Medical and dental offices: 5 spaces per doctor.
(4) Places of public assembly, including churches, community centers, auditoriums, theaters, gymnasiums, arenas, and mortuaries: 1 space per 4 seats.
(5) Club, lodge, or fraternal organization: 1 space per 200 square feet of floor area.
(6) Banks, offices, service establishments, retail businesses, and public buildings: 1 space per 300 square feet of floor area.
(7) Restaurants (except drive-ins), bars: 1 space per four seats.
(8) Industrial, manufacturing, and wholesale establishments: 1 space per 2 employees on largest shift.
(9) Shopping center developments: 5 spaces 1,000 square feet of floor area.
(10) Bowling alleys: 4 spaces per alley.
(11) Laundromats: 1 space per 3 washing machines.
(12) Motels, hotels: 1 space per room.
(C) For mixed uses within the same building or structure, the total requirements for off-street parking spaces shall be the sum of requirements of each use computed separately.
(D) The following minimum design standards shall be observed in laying out off-street parking facilities:
(1) All facilities must provide appropriate access to a street, alley, or public thoroughfare.
(2) All driveways shall be of sufficient width to permit access into parking spaces, but in no case less than 20 feet wide except those in residential use.
(3) Each parking space shall consist of an area not less than 9 feet wide by 20 feet long exclusive of driveway area except those in residential use.
(E) An applicant for a building permit must submit plans showing the off-street parking required by this section. These plans must show location, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress in a manner satisfactory to the Zoning Administrator.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) Under the conditions of this section, loading space shall be provided for bulk pickups and deliveries and accessible to delivery vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included in the computation of required off-street parking space. All existing buildings or structures need supply such parking only to the extend ground space is available.
(B) Individual loading spaces required under this section shall be at least 50 feet long and 12 feet wide, and shall be located on private property.
(C) Every building or structure used for commercial or industrial purpose shall be provided with off-street loading space.
(D) Buildings or structures used for office or research purposes and having a total floor area of at least 20,000 square feet shall be provided with off-street loading space.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) No conditional use shall be established in any zone district, except upon permit issued by the Planning and Zoning Commission, which shall be guided in making a decision by the criteria set forth in this section. Any person seeking a conditional use permit shall provide to the Planning and Zoning Commission such information as it may reasonably require to determine whether the grant of the requested conditional use permit is consistent with the intent and purpose of this chapter.
(B) Any request for a conditional use permit shall be submitted to the Planning and Zoning Commission through the Zoning Administrator on prescribed application forms. The Planning and Zoning Commission shall approve or disapprove the application following consideration at 1 of its regular meetings. Notice of the meeting shall be sent by certified mail, return receipt requested to the owner of land within 100 feet of the land area on which the conditional use is proposed, excluding public right-of-way at least 15 days prior to the meeting at which the application for the conditional use permit is considered.
(C) (1) In considering an application for a conditional use permit, the Planning and Zoning Commission shall not grant any conditional use permit unless satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required, with particular attention to refuse and service areas;
(c) Public and private utilities, with reference to locations, availability, and compatibility;
(d) The economic, noise, glare, or odor effects of the conditional use on adjoining properties; and
(e) General compatibility with adjacent properties and other property in the district.
(2) If a conditional use permit is denied, the Planning and Zoning Commission shall state in writing which of the previous 5 categories have not been satisfied, why or how they have not been satisfied, and why this has resulted in a denial of the permit. This shall apply to all “C” permits, “L” permits, or “L” permit renewals.
(D) The following conditional uses are limited to the period of time for which the permits are issued but the period of such permit shall not exceed 1 year. At the expiration of the permit, the permit must be reviewed and a new permit granted in order to continue. Any permit issued for a period of more than 1 year shall not necessarily be made permanent.
(1) Dwelling, temporary watchman or caretaker: conditional use in all zones - a mobile home or recreational vehicle may be permitted;
(2) Offices, temporary (real estate sales, and the like): conditional use in all zones - a mobile home or recreational vehicle may be permitted;
(3) Mobile home in any zone during construction of permanent residence, for 1 year, subject to review by the Planning and Zoning Commission annually for renewal. Under certain circumstances a recreational vehicle might be permitted for such use for a lesser period.
(E) The Planning and Zoning Commission may impose reasonable restrictions and requirements when granting a conditional use permit and it shall state in writing the reasons for the restrictions and requirements. Such requirement or restriction will be plainly stated on the conditional use permit issued, and noncompliance with such requirement or restriction within 30 days shall render the permit null and void.
(F) A conditional use permit for a home occupation may be issued subject to the following requirements:
(1) No person other than members of the family residing on the premises shall be engaged in such home occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation, nor more than 600 square feet of an accessory building.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than 1 sign, not exceeding 5 square feet in area and non-illuminated; unless otherwise specifically permitted.
(4) There shall be no sales in connection with such home occupation that would disrupt the residential nature of the district.
(5) No equipment or process shall be used in such home occupation which creates a nuisance including but not restricted no noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(6) If there is an occasional requirement to park vehicles or provide short-term outside storage of equipment, materials, and the like on or at the premises, the applicant for a permit shall so state such information on the permit application.
(7) After approval of a home occupation permit by the Planning and Zoning Commission has been entered, a copy of the permit containing all limits and restrictions shall be immediately given to the applicant. The Commission shall ascertain that all limits and restrictions are clear to the applicant at the time of permit approval.
(8) An applicant for a permit which is approved by the Planning and Zoning Commission shall purchase a business registration within 10 days of issuance of a permit.
(9) Any of the following shall be cause for withdrawal of a home occupation permit by the town:
(a) Misrepresentation of information given by the applicant on the permit application or in person to the Planning and Zoning Commission;
(b) Expanding or increasing beyond any requirements or restrictions imposed by the Planning and Zoning Commission; or
(c) Violation of any of the provisions of this section.
(10) Occupations allowed under the conditional use/home occupation permit system shall be determined independently of the Table of Allowable Land Uses (§ 154.22). Any occupation may be considered and might be allowed, so long as it meets the criteria of this section.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
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