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(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
ZONE DISTRICTS
(A) In order to carry out the provisions of this chapter, the town is hereby divided into zone districts, as named and described in this subchapter. The regulations prescribed in this chapter shall apply within the corporate limits of the town.
(B) The boundaries of said zone districts are hereby established as shown on the town zone map which shall be made a part of this chapter as if fully described herein.
(C) Where due to the scale, lack of detail or illegibility of the official town zone map, there is any uncertainty, contradiction or conflict as to the intended location of any zone district boundaries shown therein, interpretations concerning the exact location of zone district boundary lines shall be determined by the Planning and Zoning Commission upon a written request.
(D) Abutting zone districts along frontage of a public right-of-way shall automatically extend to the center line upon vacation from public use of the right-of-way.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) For the purpose of this chapter, the following zone districts are hereby established:
(1) R - Single-Family Residential.
(2) C-B - Commercial-Business.
(3) C-R - Commercial-Restricted.
(4) I - Industrial.
(5) S-U - Special Use.
(B) Uses permitted within each zone district shall be as indicated by the Table of Allowable Land Uses in this chapter. A use that is not permitted in a particular zone district shall not be considered an accessory use in that zone district. The general requirements of each zone district are as described in this subchapter.
(Ord. 558, passed 12-8-1986)
(A) Intent. The purpose of this zone is to allow single-family dwelling units and those uses which are compatible and enhance the predominately residential nature of the area. Density shall be limited to 1 dwelling unit per 50-foot frontage.
(B) Accessory uses. The following accessory uses shall be allowed: buildings or structures customarily incident to uses in this zone district.
(C) Supplementary regulations. A residential dwelling will:
(1) Be built in all respects to at least Uniform Building Code specifications set out in the New Mexico Housing Act or Federal Mobile Home Construction and Safety Standard Act where applicable.
(2) Have hardboard, wood lap, board and butt, brick, stucco, rock or better siding.
(3) Pitched roofs shall have a minimum 3/12 slope and shall be roofed with composition shingles, wood shingles, shakes or new metal roofing material. Other roof types shall be constructed to at least minimum Uniform Building Code standards.
(Ord. 558, passed 12-8-1986)
(A) Intent. The purpose of this zone is to provide for those commercial uses which serve the community on a day-to-day basis such as retailing, financial, and personal services, as well as provide for highway oriented commercial uses to serve both local and transient automotive and related needs.
(B) Accessory uses. Buildings and structures customarily incident to uses in this zone district.
(C) Cannabis.
(1) Cannabis retail uses.
(a) Where allowed, cannabis retail is limited to one establishment per city block, provided however, that there shall be no more than seven cannabis retail stores within the Town of Clayton.
(b) All buildings containing a cannabis retail use shall not be located within 300 feet of any elementary or secondary school; or day care facility unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.
(c) This use shall operate within a fully enclosed building or structure, capable of being locked and secured.
(d) This use shall not include any storage or display area outside of a fully enclosed building or structure.
(e) Signage associated with cannabis retail shall be located on the same lot as the cannabis retail use and comply with all other sign and outdoor advertising requirements of the Town of Clayton. Any signage or advertising shall not be designed to appeal solely to persons under 21 years of age.
(f) If located in the C-R, commercial-restricted zone district, this use shall be subject to those provisions, including but not limited to, the requirement that a conditional use permit be granted if ingress or egress is to be allowed along the front frontage of the property facing onto a residential zone district.
(g) The hours of operation for cannabis retail establishments shall be 8:00 a.m. to 12:00 midnight, unless further restricted by the terms of a conditional use permit.
(2) Cannabis consumption area.
(a) This use is incidental to and shall be associated with and adjacent to a cannabis retail use as part of the same business location, and is subject to the requirements for cannabis retail in addition to the following:
1. This use requires that a conditional use permit be issued by the Clayton Board of Trustees under the provisions of this chapter.
2. An applicant for this use shall provide an odor control plan as part of any conditional use permit application.
(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021; Am. Ord. 715-A, passed 4-13-2022)
(A) The purpose of this zone is to provide a buffer between the commercially zoned districts and residential districts where the front footage of a commercial restricted district faces, across a street, the front footage of a residential district. Any land use allowable in the commercial business zone of the table of allowable land uses is also allowable in property zoned commercial restricted with the following restrictions:
(1) A screening fence, landscaping and/or wall compatible with the design and architecture of the commercial improvements located on the commercial restricted property to be screened shall be constructed and maintained in order to reduce the impact of any noise, odor, glare or other characteristics of such commercial operation incompatible with the residential use and character of adjoining property. Such wall, fence and/or landscaping shall be of such construction and dimension so as to be compatible with adjacent residential properties.
(2) That if any ingress or egress is to be allowed along the front footage of property zoned commercial restricted, the provisions for a conditional use permit be followed as to this use.
(B) As of the adoption of this chapter, property zoned commercial restricted is as indicated on the zone map and Exhibit “A” attached to Ordinance 558.
(Ord. 558, passed 12-8-1986)
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