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(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)
(A) Intent. This zone permits only those uses which require special consideration because of their unusual nature, dimensions, frequency of occurrence, effect on surrounding property, or other similar reason. The boundaries of this zone district shall be determined only on a case-by-case basis following the procedures for a zone change as provided in this chapter. Any accessory uses shall be expressly approved by the governing body. Supplementary regulations and special conditions may be imposed by the governing body upon recommendation by the Planning and Zoning Commission or by the governing body on its own motion. The governing body may not grant a zone change for Special Use unless satisfactory provisions have been made:
(1) To assure that a satisfactory degree of compatibility of property uses shall be maintained with respect to the Special Use and the surrounding uses of property in the general area;
(2) To preserve the integrity and character of the zone in which the use will be located, and utility and value of property in the Special Zone and in adjacent zones; and
(3) To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.
(B) A Special Use Zone may be authorized and established for the following uses:
(1) Airports, aircrafts sales and service;
(2) Armories;
(3) Automobile wrecking, dismantling, and salvage provided that:
(a) All activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height, and the principal building is not within 200 feet of a lot in residential use or zoned primarily for residential use.
(b) Inoperative automobile bodies may not be stacked above the plane established by the top of the required surrounding wall.
(4) Cannabis cultivation, provided the following criteria are met:
(a) Cannabis cultivation shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a cannabis cultivation use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; 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) There shall be no outdoor cultivation, processing, curing, drying, selling; storage, or other, display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.
(d) The applicant must show that the applicant owns, or has under lease, water rights' sufficient for applicant's proposed use, provided however, any cannabis cultivation use of municipal water which detrimentally affects the domestic, commercial, fire protection or other previously established uses of water in the Town of Clayton shall not be approved and, further provided, in times of shortage cannabis cultivation use of municipal water shall be subordinate and inferior to all other uses.
(5) Cannabis product manufacturing:
(a) Cannabis product manufacturing shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a cannabis product manufacturing use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; kindergarten, 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) There shall be no outdoor cultivation, processing, curing, drying, selling, storage, or other display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.
(6) Cemetery, mausoleum, crematory, provided that a cemetery be located on not less than 5 acres;
(7) Chemical manufacturing or processing provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;
(8) Detention institutions;
(9) Fairgrounds, athletic park complex, stadium;
(10) Feed lot operation, livestock auction, provided that a feed lot be located on not less than 10 acres;
(11) Fuel wholesalers and storage (gasoline, liquefied petroleum) provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;
(12) Funeral home, mortuary;
(13) Hospital, sanatorium, private nursing home;
(14) Junk yard or salvage operation provided that all activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height and so long as no junk or salvage is stacked above the plane of the required wall or fence;
(15) Marijuana testing facility:
(a) Marijuana testing facilities shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.
(b) All buildings containing a marijuana testing facility use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; 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.
(16) Mobile home parks, subject to the following regulations:
(a) The minimum park size shall be 3 acres.
(b) Maximum density shall be 6 mobile homes per acre, exclusive of public right-of-way.
(c) Each mobile home shall be located on a land space not less than 1/6 of 1 acre with a minimum width of 40 feet.
(d) No mobile home shall be located within 20 feet of any other. Any mobile home shall be at least 30 feet from the right-of-way line of any street and at least 10 feet from any property line of the mobile home park.
(e) All driveways shall be at least 30 feet wide and shall be either paved or graveled.
(f) The site shall be graded, drained, and free of rubbish.
(g) No mobile home shall be occupied unless it is connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the State Mobile Housing Commission.
(h) So far as the regulations regarding mobile homes and mobile home parks in this part conflict with Ordinance Numbers 525 and 526 said ordinance are repealed. Any parts of Ordinance Numbers 525 and 526 not contrary or incompatible with this part shall remain in full force and effect.
(17) Radio or television station (with transmitter tower);
(18) Schools: university or college; business, technical, or trade; elementary or secondary;
(19) Theater (drive-in) subject to the following regulations:
(a) ingress and egress for any site abutting a state highway shall be approved in writing by the State Highway Department.
(b) Reserve off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least 20% of the vehicular capacity of the theater.
(c) Any screen less than 500 feet from a county arterial of state highway shall be so located or shielded that the picture surface cannot be seen from such highway.
(C) Each application for Special Use Zone shall be accompanied by development plans which shall:
(1) Be drawn to a minimum scale of 1" = 100'.
(2) Show boundaries of the property to be developed.
(3) Show the proposed size, location, use and arrangement of all structures parking and loading areas, drainage facilities, and traffic circulation routes.
(4) Indicate the location, type, use and size of structures on adjacent properties within 200 feet of the proposed development.
(D) In the event that a use authorized as a Special Use Zone is permanently discontinued by the owner, the Special Use Zone may be cancelled and removed from the zone map under the provisions for a zone change in this chapter. Upon proper application, that area delineated by such discontinued Special Use Zone shall be re-zoned to the appropriate zone district as determined by the governing body.
(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021) Penalty, see § 154.99
(A) A person seeking to use land or conduct business in a manner not mentioned by the Table of Allowable Land Uses shall file with the Zoning Administrator a written request for such land use or business activity to be included in the table. This request will be handled as in a “zone-text amendment” according to procedures outlined in § 154.62, except that:
(1) No proposed land use or business activity may be excluded totally from the table unless it is determined by the Planning and Zoning Commission and/or the Governing Board to constitute a public nuisance or violate state statutes or town ordinances.
(2) The Planning and Zoning Commission shall issue a recommendation for a proposed designation for such land use or business activity on the table, either as “C”, “L”, or “X”, or any combination of the above, for any or all zones. At least one zone must be labeled “C”, “L”, or “X”, unless the use proposed falls within subsection (1).
(B) The following abbreviations shall be given the following definitions when used in the Table of Allowable Land Uses:
(1) X = Permissive Use
(2) C = Conditional Use (Requiring Permit)
(3) L = Conditional Use Limited for Term of Permit
(C) Table of Allowable Land Uses.
X=Permitted Use C=Conditional Use (Requiring Permit) L=Conditional Use Limited for Term of Permit | R | C-B C-R | I | SU |
X=Permitted Use C=Conditional Use (Requiring Permit) L=Conditional Use Limited for Term of Permit | R | C-B C-R | I | SU |
Airports; aircraft sales and service | X | |||
Amusement parks; carnival; circus | L | |||
Animal shelter; kennel | X | |||
Antique dealer | X | |||
Appliance store; repairs | X | |||
Armory | X | |||
Art gallery | X | |||
Auction houses (excluding livestock) | X | X | ||
Automobile sales; service; repair | X | |||
Automobile rental | X | |||
Automobile wrecking; dismantling; salvage | X | |||
Bakery, candy and confectionery manufacture (wholesale) | C | X | ||
Bakery; confectionery store (retail) | X | |||
Bank; savings and loan; trust company | X | |||
Bars, lounges; package liquor stores | X | |||
Barber or beauty shop | C | X | ||
Boat dealers; marine supplies | X | |||
Book store | X | |||
Bottling plant | C | X | ||
Bowling alley | X | |||
Brick products; manufacturing | X | |||
Brick products; retail | X | |||
Buildings; prefabricating assembly | X | |||
Bus depot | X | |||
Cabinet makers | C | X | ||
Camper equipment; sales | X | |||
Candle manufacturing/wholesale/retail | X | |||
Cannabis consumption area | C | |||
Cannabis cultivation | X | |||
Cannabis product manufacturing | X | |||
Cannabis retail | X | |||
Car wash | X | |||
Carpet and rug cleaners | X | |||
Catering shop | X | |||
Cemetery; mausoleum; crematory | X | |||
Ceramics manufacturing | X | X | ||
Chemical manufacturing and processing | X | |||
Churches; places of worship | X | |||
Clinics; dental or medical | C | X | ||
Clothing and/or dry goods store; retail | X | |||
Club or lodge; (with or without liquor license) | X | |||
Cold storage plant | X | |||
Concrete products manufacture; sales | X | |||
Construction contractors; building trades (storage equipment sales and service) | X | |||
Dance studio | X | |||
Dairy products; processing and wholesale | X | |||
Data processing service | X | |||
Delicatessen | X | |||
Delivery service (parcel and package) | X | |||
Department or variety store | X | |||
Detention institution | X | |||
Drug store; pharmacy; cosmetics | X | |||
Dwelling, single-family | X | C | ||
Dwelling, temporary watchman or caretaker (mobile homes may be allowed) | L | L | L | L |
Dwellings, multi-family | C | X | ||
Fairgrounds, baseball park complex, stadium | X | |||
Farm supplies, equipment sales and service | X | X | ||
Feed manufacturing, sales; livestock (poultry) | X | |||
Feed sales; livestock and poultry | X | X | ||
Feed lot operation; livestock and auction | X | |||
Fertilizers (wholesale or manufacturing | X | |||
Fix-it shop | C | X | ||
Floral shop; plant store | X | |||
Food products (manufacturing and processing) | X | |||
Food products (wholesale, storage and sales) | X | X | ||
Food store; convenience | X | |||
Food store; grocery market | X | |||
Fuel wholesalers and storage gasoline, liquefied petroleum | X</C> | |||
Funeral home; mortuary | X | |||
Gasoline service station | X | |||
Gift shop; crafts store; curios | X | |||
Glass products, installation | X | |||
Greenhouse or nursery; landscaper | X | |||
Guns | ||||
Gunsmiths | C | X | ||
Hardware store | X | |||
Hospital equipment and supplies; sales and storage | X | |||
Hospital; sanatorium; private nursing home | X | |||
Ice cream store | X | |||
Interior decorator | C | X | ||
Interior decoration store | X | |||
Janitorial service; supplies | X | |||
Jewelry manufacture and wholesalers | X | X | ||
Jewelry store (retail) | X | |||
Judo, karate instruction | X | |||
Junk yard, salvage operation | X | |||
Laboratory (dental, medical) | C | X | ||
Laboratory (research, testing) | X | |||
Laundromat; dry cleaning; linen supply | X | |||
Library | X | |||
Liquor wholesalers | C | X | ||
Locksmith | C | X | ||
Lumber yard (retail and wholesale) | X | X | ||
Machine shop; metal fabrication; products | X | |||
Marijuana testing facility | X | |||
Mobile home parks (rental) | X | |||
Mobile home and trailer sales; service; repair | X | |||
Motel; hotel | X | |||
Motorcycle sales, service; repair | X | |||
Moving and transfer company | C | X | ||
Museum | X | |||
Music store | X | |||
Offices; professional and semi-professional | C | X | ||
Offices; temporary (real estate sales, and the like) | L | L | L | L |
Office equipment and supplies | X | |||
Optician; optical goods | C | X | ||
Paint store and related supplies | X | |||
Paper supplies (wholesale) | C | X | ||
Parking lot | X | X | ||
Pawn shop | X | |||
Pest control; exterminator | X | |||
Pet shop | X | |||
Photographic equipment and supplies | X | |||
Photographic studio | C | X | ||
Printing and all allied trades | X | X | ||
Radio or television station (with transmitter tower) | X | |||
Radio or television station (without transmitter tower) | X | |||
Recreation facility (business enterprise) | X | |||
Recreation facility (community, nonprofit) | X | |||
Reducing salon; health spa | X | |||
Rental service stores | X | |||
Restaurant (with liquor license) | X | |||
Restaurant, café, cafeteria (without liquor license) (no curb service) | X | |||
Restaurant (drive in) | X | |||
Schools; nursery day care or kindergarten | C | X | ||
Schools; elementary and secondary | X | |||
Schools; business, technical or trade | X | |||
Schools; nursery day care or kindergarten | C | X | ||
Schools; elementary and secondary | X | |||
Schools; business, technical or trade | X | |||
Schools; university or college | X | |||
Shopping center complex | X | |||
Sign shop | X | |||
Skating rink (indoor or outdoor) | X | |||
Specialty shop | X | |||
Sporting goods store | X | |||
Stone cutting and monument sales | X | |||
Storage (commercial) | C | X | ||
Surplus and salvage goods; second-hand store | C | |||
Tailor shop | X | |||
Taxidermist | X | |||
Theater (indoor) | X | |||
Theater (drive-in) | X | |||
Truck terminal and maintenance | C | |||
Utility company service center or structure | X | |||
Veterinary hospital (small animal) (completely enclosed) | X | |||
Veterinary hospital (large animal) | X | |||
Watch repair | C | C | ||
Welding shop | C | X | ||
(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021) Penalty, see § 154.99
SIGNS AND BILLBOARDS
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