§ 9.2.13 GD - GATEWAY DISTRICT ZONE

(A) PURPOSE AND INTENT. The purpose of this Section is to allow residential development permitted in this zone one dwelling units per one third (.33) acre in conformance with the Village Master Plan, except as noted below in § 9.2.11 (E)(1). This zone includes mixed residential and commercial development, some agricultural use, and historic segments of the original “US Route 66” and El Camino Real.

(B) PERMISSIVE USES. A building or premise shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25, Application and Approval Process:

(1) Any conditional use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to primary use of the lot, that is in conformance with the zone.

(E) AREA REGULATIONS.

(1) The minimum lot area shall be three-quarters (¾) of an acre (32,670 square feet), except where community water and sewer facilities are available, the lot area may be reduced to one third (1/3) of an acre (14,520 square feet). Minimum lot width shall be sixty (60) feet.

(2) Setbacks. Setback limits apply to all buildings and/or structures including swimming pools.

(a) The minimum front setback shall be twenty (20) feet; the minimum side setback shall be ten (10) feet; and the minimum rear setback shall be fifteen (15) feet. For any property bounded by an irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet.

1. Where lots have double frontage, the required front setback shall be provided on both sides. For very narrow tripa, unusually small, and/or unusual shaped lots, one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(F) FLOOR AREA RATIO for residential buildings for all R-3 zoned properties in the Village with Floor Area, Total as defined in § 9.2.3(B), Definitions.

(1) The floor area ratio of all single family residential units shall be determined by the allowable floor area listed in the adopted 20% All Village FAR TABLE for the net lot area as defined in § 9.2.3(B), Floor Area Ratio (FAR). allowable floor area listed in the adopted 20% All Village FAR TABLE for net lot area.

(2) FLOOR AREA RATIO APPLICATION IN SUBDIVISIONS WITH SUBSTANDARD LOT AREA. In consideration of those previously approved subdivisions that were approved with SU-1 Zoning or Special Use Permit and less than one/third acre (.333) lot size (those being Nico Trail, Rincones de Los Ranchos and Los Prados de Guadalupe), the Planning Director shall consider applications for building permits limiting the size of the dwelling to that which is reasonably consistent with other houses in the development, considering such factors as total lot coverage and average square footage of previously developed lots without applying the floor area ratio. All other code requirements such as height, step-back, setbacks, etc. must be met.

(G) HEIGHT LIMITATIONS.

(1) Height of residential buildings shall be limited to twenty-six (26) feet from existing grade (the existing surface of the ground), to the top of the pitch, top of the parapet or top of the mansard roofline.

(2) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(a) If the single story height exceeds seventeen (17) feet, that portion of the building shall be considered a second floor and shall be counted as square footage for Floor Area Ratio purposes. Second floors shall be regulated by the second floor percentages and limitations of § 9.2.11(G)(3)(a).

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(3) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet or top of the mansard roof line.

(a) Second floor areas, including all covered patios, porches, portals, balconies, and other open and accessible living areas, shall be limited to a total of sixty percent (60%) of the first floor enclosed square footage, as defined by § 9.2.3(B), Enclosed Area.

(4) Height Of Facades.

(a) No single façade wall length shall be greater than fifteen percent (15%) of the calculated perimeter of façade walls of the first floor and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a 45° plane drawn from a perpendicular point on the adjacent property line. (See Illustration § 9.2.7(G)(3)).

(5) Other Structures.

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag Poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) shall not exceed forty (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or fence located within the front yard setback area shall be more than four (4) feet in height. Open fencing may be placed upon the four (4) foot solid wall to a maximum height of six (6) feet.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No solid wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(8) Gate entrance pillars may reach a maximum height of eight (8) feet and must observe the clear sight triangle distance from the street and shall not exceed more than two (2) feet width on either side of the gate itself.

(I) SOLAR ACCESS. Building Height Limitations to Preserve Solar Access: For any new construction submitted after May 19, 2008, the height of any building shall not exceed a 31° angle plane drawn upward from a horizontal line located two (2) feet above the existing grade, ten (10) feet within the northern property line. (See illustration § 9.2.7(G)(4)(a)).

(J) SUBDIVISION. No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(K) EXISTING BUILDING. If an existing structure(s) is to be demolished, the demolition must take place within one (1) year of the final approval of the subdivision.

(L) PERMEABLE SURFACES.

(1) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(M) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

§ 9.2.12 C-1 RETAIL COMMERCIAL ZONE

(A) PURPOSE AND INTENT. The purpose of the C-1 Retail Commercial Zone is to allow commercial, residential, and mixed use development in conformance with Section 8.2 of the 2020 the Master as may be amended from time to time. The goal is to retain a village character through:

(1) Diversified residential land uses.

(2) Density and intensity of Village scale commercial development appropriate to Village needs, primarily focused on Fourth Street.

Commercial activities include office, service, institutional, specific retail uses as well as light manufacturing uses along Fourth Street as identified and limited below. This zone includes the Fourth Street corridor developed as commercial, agricultural, residential, mixed-use, and mixed parcels of diverse uses. The termini of Fourth Street at the Village municipal limits serve as Gateways to the Village, and denote segments of the original “US Route 66” and El Camino Real.

(B) USES. Properties within the C-1 Commercial Retail Zone are required to conform to the Use Table below. Uses designated as “Permissive” may be denied if the proposed use is deemed by the Village to be a nuisance or injurious to adjacent property, the neighborhood, or the Village of Los Ranchos.

Use Table
Key:
Permissive Uses	P
Conditional Uses	C
Prohibited Uses	X
All uses must comply with ordinances and regulations for permits and development as required by the Village Codified Ordinances.

Agricultural	P
Cannabis (as qualified below)	P
Facilities shall not be located within three-hundred (300) feet of a school or daycare in existence at time of state application. Facilities shall not be located within three-hundred (300) feet of one another, based upon distance at time permit is sought.
Neither cannabis nor hemp shall be grown in landscaping.
Cultivation, provided that it not exceed ten percent (10%) of the lot size. Structures shall be equipped with an activated carbon HVAC filtration system sized to effectively abate odor emissions and shall be fully enclosed and not open-air. Greenhouses used to grow cannabis shall be limited to one thousand (1,000) square feet in enclosed area.	P
Retailer excepting that sale between 8:00 pm to 9:00 am is prohibited.	P
Cannabis consumption area.	X
Product manufacturing, provided that structures shall be equipped with an activated carbon HVAC filtration system sized to effectively abate odor emissions and shall be fully enclosed and not open-air.	C
Residential (as qualified below)	P
Multi-Family (including Assisted living, etc.) with a maximum density of sixteen (16) dwelling units per acre.	C
Adult or child daycare facilities	P
Mixed-Use (where not less than fifty percent (50%) ground floor area is retail). The maximum number of dwelling units per acre is sixteen (16).	P
Mixed-Use (where not less than 50% around floor area is commercial, including non-retail uses). The maximum number of dwelling units per acre is sixteen (16).	C
Garage sales, estate sales, with a limit of 2 weekends each calendar year for each address. For Mixed-Use, Multi-Family and townhouse or condominium projects, all units in the project will be considered as one address for purposes of this section.	P
Single-family, detached, townhouse, or condominium. The maximum number of dwelling units per acre is sixteen (16).	P
Single-family detached, townhouse, or condominium on more than one (1) acre of land and when over sixteen (16) dwelling units are proposed. The maximum number of dwelling units per acre is sixteen (16).	C

Institutional (as qualified below)	P
Government buildings and accessory uses customarily incidental to that use	P
Place of worship	C
Schools, public or private, education facilities, or learning centers	C
Theaters	C

Food, beverage, and alcohol service (as qualified below)	P
Alcohol sales between 12:00 am and 2:00 am	C
Alcohol sales between 2:00 am and 8:00 am	X

Lodging	P

Services (as qualified below)	P
Dry cleaning, laundry, clothes pressing operations, laundromats	P
Ferrier services	P
Large animal boarding facilities	C
Mortuary	C
Rental centers	C

Office	P

Retail (as qualified below)	P
Adult bookstore or video store	X
Adult entertainment establishments	X
Fireworks stores, both temporary and permanent	X
Large format retail exceeding 50,000 square feet in a single level	X

Light manufacturing such as of materials, food, or beverage	P

Auto-oriented Uses
Auto sales	C
Auto parts and supplies, including service stations	P
Farm equipment, sales and service	P
Commercial car washes	P
Construction yards and commercial storage facilities	C
Establishments with drive-up facilities	C
Self-storage units	C
Trailer or recreational vehicle sales or service	C

Civic Support
Parking lots and parking structures	C
Public utility structures such as transformers, switching, pumping, or similar technical installations essential to the operation of a public utility	C

Conditional Uses as referenced herein must be approved in accordance with Section 9.2.25(E) of the Village Codified Ordinances.

(C) ACCESSORY USES. Uses that are customary and incidental to the primary use of the lot and in conformance with the zone.

(D) AREA REGULATIONS.

(1) Commercial buildings. All commercial buildings and/or structures with the exception of signs must comply with the following setback requirements.

(a) Except as provided in § 9.2.12(E)(2)(b), minimum setbacks when the lot does not abut a residentially zoned property shall be:

Front	Five (5) feet minimum
Side	Zero (0) feet minimum
Rear	Zero (0) feet minimum

(b) Where a C-1 lot abuts a residentially zoned lot, the minimum setback, on the side abutting the residentially zoned property, shall be:

Front	Five (5) feet minimum
Side	Ten (10) feet minimum
Rear	Fifteen (15) feet minimum

(c) Where lots have frontage on two public streets, the required minimum front setback shall apply to both sides of the lot abutting public streets.

(2) Setback limits for residential buildings.

(a) For any residential or mixed use building other than single family detached dwellings, the minimum setback (including swimming pools) is:

Front	Five (5) feet minimum
Side	Zero (0) feet minimum
Rear	Fifteen (15) feet minimum

(b) For any single family detached residential the minimum setback is:

Front	Fifteen (15) feet minimum
Side	Ten (10) feet minimum
Rear	Fifteen (15) feet minimum

(c) For any property adjoining an MRGCD maintained irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet from the nearest bank/edge of the ditch, or the property line, whichever is greater.

(3) FLOOR AREA RATIO (FAR) In the C-1 Commercial Residential Zone the FAR shall only apply to single family detached residential properties.

(E) HEIGHT LIMITATIONS.

(1) Building height in the C-1 Zone shall be limited to twenty-six (26) feet from the predevelopment grade to the top of the pitch, top of the parapet or top of the mansard roof line.

(a) Second floor areas in single family detached buildings, including all covered patios, porches, portals, balconies and other open and accessible living areas, shall be limited to a total of sixty percent (60%) of the first-floor enclosed square footage, as defined by § 9.2.3(B), Enclosed Area. For all other development in the C-1 Zone, covered patios, porches, portals, balconies and other open and accessible areas may exceed sixty percent (60%) of enclosed area but must not extend beyond the footprint of the first-floor. Where a non-single family detached building abuts Fourth Street, balconies may extend up to five (5) feet beyond the first-floor footprint, even if within the setback, if it is supported from the structure and not the ground.

(2) Height of Facades.

(a) No single façade wall length shall be greater than fifteen percent (15%) of the total perimeter of the façade walls of the first floor and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a 45° plane drawn from a perpendicular point measured at the property line. (See Illustration §9.2.7(G)(3))

(3) Other Structures.

(a) Chimneys must not exceed twenty-nine (29) feet in height.

(b) Flag Poles must not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission must not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) are limited to forty (40) feet in height.

(F) FENCES AND WALLS.

(1) No open fences located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or solid fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or solid fence located within the front yard setback area more than four (4) feet in height will be permitted. Open fencing may be placed on top of the solid wall to permit a combined maximum height of six (6) feet.

(4) No solid wall or solid fence shall be located within the clear sight triangle of a driveway or public or private road or driveway and a public or private right-of-way.

(5) No solid wall or solid fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height, with the exception for residential use (§ 9.2.12(G)(6)).

(6) No solid wall or fence of any kind shall be constructed unless a zone review permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(G) EXISTING STRUCTURE. If in a Site Development Plan approval an existing structure(s) is to be demolished, the demolition must be completed within one (1) year of the final approval of the Site Development Plan.

(H) DESIGN REGULATIONS.

(1) The design of the commercial and residential developments within the C-1 Zone (footnote 4), will be determined in the Site Development Plan application and approval process.

(2) Windowless walls shall not be permitted facing a public street. Facades that face Fourth Street must have transparent glazing for a minimum of 30% of the area of the façade.

(3) Lots that face Fourth Street must have buildings along a minimum of fifty (50) percent of the property line/setback line adjacent to Fourth Street.

(4) The primary entry of all buildings shall open onto a sidewalk readily accessible to the public. Secondary entries maybe accessible from private parking lots.

(I) OFF STREET PARKING REGULATIONS.

(1) Parking is permitted at the side and rear of a building. Parking cannot be located between the front of the building and the public sidewalk. If parking is located on the side of a building adjacent to a public roadway, it shall be screened from the roadway by an opaque wall or evergreen hedge that shall be a minimum of thirty (30) inches and a maximum of forty (40) inches in height.

(2) The minimum requirements for off-street parking spaces for property shall be as follows:

Use	Required off street parking spaces
Amusement facility	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Residential	One (1) space per residence
Dining, bar, nightclub	Five (5) spaces per one thousand (1,000) square feet of gross floor area
Retail, office	Two (2) spaces per one thousand (1,000) square feet of gross floor area
Assembly	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Lodging	One (1) space per room
Light manufacturing	One (1) space per one thousand (1,000) square feet of gross floor area
Institutional	Three (3) spaces per one thousand (1,000) square feet of gross floor area

(J) LANDSCAPING REGULATIONS. As set forth in § 9.2.19.

(K) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

(L) SIGNS. As set forth in § 9.2.22.

(M) OUTDOOR STORAGE REGULATIONS. If outdoor storage is allowed in conjunction with a permitted use in this Section:

(1) Stored materials shall be fenced and screened.

(2) Stored materials shall be safely contained.

(3) Stored materials and inoperable vehicles shall be appropriately buffered from public view.

(N) OUTDOOR DISPLAY OF MERCHANDISE. If outside display of merchandise is permitted in conjunction with a permitted use in this Section. Publicly owned sidewalks of roadways may not be used for outdoor display of merchandise.

(1) The total area allowed for outdoor display of merchandise. Is limited to five (5) percent of the total gross square footage of the lot upon which the display is located.

(2) Displayed merchandise shall be safely stored and shall not utilize required parking spaces or impede pedestrian use of interior walkways.

(3) The displays shall be temporary and be erected during business hours only.

(4) Displays shall be located not less than twenty (20) feet from any residentially zoned property.

(O) TRANSIT REGULATIONS. If there is an existing bus stop located directly adjacent to a property, granting of an easement for a new sheltered bus stop will be a development requirement, as approved by the Commission/Board.

(P) APPLICATION AND APPROVAL PROCESS. As set forth in § 9.2.25.

§ 9.2.13 GD – GATEWAY DISTRICT ZONE

(A) SHORT TITLE. This Section may be cited as the Gateway District Zone Code

(B) PURPOSES. The purpose of the Gateway District Zone, referred to as “GD,” is to encourage the development of a transit-supportive mixed-use neighborhood of commercial and residential uses that fosters pedestrian activity and a sense of community. It recognizes the importance of linkages to the broader community and the importance of public transit as a viable alternative to the automobile by providing appropriate densities and land uses within walking distance of bus terminals, bike and pedestrian formal trails and the Rail Runner Los Ranchos/Journal Center Station. It is the intent of this Section that the Gateway District Zone should focus on maintaining Village style, scale and character. The Gateway District Zone will permit both commercial and residential uses on the same lot or tract.

(1) GENERAL TERMS.

(a) The word “person” includes a firm, association, organization, partnership, trust, company, limited liability company and corporation, as well as an individual.

(b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(d) All references to “he” or “she” herein are deemed to be gender-neutral, unless specifically indicated otherwise.

(e) The definitions in this Section shall supersede any dictionary definition.

(2) DEFINITIONS.

CONDOMINIUM DECLARATION means a condominium declaration meeting the requirements of the New Mexico Condominium Act, NMSA 1978 § 47-7A-1, et seq., as amended and having been approved by the Village pursuant to the Subdivision Code.

GATEWAY DISTRICT means that specific area beginning on Fourth Street at the southeast corner of Villa Christina Road to El Pueblo Road and continuing east parallel to El Pueblo Road to Second Street as shown on the accompanying Zone Map for the Gateway District.

KIOSK means a permanent freestanding structure or mobile cart located within a pedestrian circulation area, but not in a pedestrian way, and used for the purpose of sale of food, flowers, newspapers or other goods, with a Village issued license.

LOW IMPACT DEVELOPMENT means an approach to land development (or re-development) that treats stormwater as a valuable resource and not a waste product and works with nature to manage stormwater as close to its source as possible, in accordance with standards adopted by the Village. Low Impact Development practices and principles include on-site water retention, water harvesting and recycling, swales, berms, artificial streams and infiltration systems.

MULTI-RESIDENTIAL UNIT means residential units which have a common wall(s) such as condominiums or townhouses. Multi-Residential Units do not include multifamily or apartment developments designed as rental properties.

MULTI-USE BUILDING means a building specifically designed for residential and commercial use such as live/work where part of the building is commercial space and part is residential. Residential and commercial use may be independent of each other.

PEDESTRIAL WAY means a designated area specifically designed for pedestrian traffic and designated as a “Pedestrian Way” on the Site Development Plan approved by the Village.

(D) ESTABLISHMENT OF GATEWAY DISTRICT ZONE.

(1) Each lot, parcel or tract of land in the Gateway District is hereby zoned Gateway District Zone.

(2) The boundaries of the Gateway District are shown on the attached map and are incorporated into this Section. The Village Zone map is hereby amended to include the Gateway District and the Gateway District Zone.

(3) In the event the properties east of Fourth Street shown within the area designated future Gateway District on the attached map are annexed into the Village, such properties shall become a part of the Gateway District and shall be zoned Gateway District Zone.

(E) PERMISSIVE USES.

(1) COMMERCIAL USES AND MIXED RESIDENTIAL AND COMMERCIAL USES. The following uses shall be permissive uses in commercial and in mixed residential and commercial developments; mixed residential and commercial developments shall be permitted on a single parcel or on separate parcels:

(a) All uses permitted in § 9.2.7 A-1 Zone except as may be specifically modified or prohibited herein.

(b) All uses permitted in § 9.2.12 C-1 Zone except as expressly modified or prohibited herein.

(c) Kiosks. Kiosks may freely move, but shall not block the Pedestrian Way, bicycle or vehicular travel path. Kiosks may not exceed 28 square feet in total size. Kiosks must be permitted in accordance with the procedures adopted by the Village and NMED if selling food. Signage shall be limited to identification of products or services sold by the Kiosk.

(d) All residential uses as permitted in subsection § 9.2.13(E)(3) hereof.

(2) CONDITIONAL USES. The following uses may be allowed when approved as set forth in § 9.2.25(D)(3); § 9.2.25(E)(2):

(a) Animal keeping in excess of that allowed by permissive use.

(b) Animal boarding kennels, provided animal smells and noises are mitigated.

(d) Bars, lounges, or restaurants serving liquor, provided hours of operation and associated impacts such as noise are mitigated.

(e) Bed and Breakfast establishments, without limitation on number of units, which meet § 9.2.25(E)(1) Application and Approval Process.

(f) Contractor yards with approved hours of operation, dust control, storage, buffering from adjoining neighbors and noise mitigation.

(g) Dry cleaning, laundry, clothes pressing operation and laundromat, provided:

1. Only non-flammable or non-combustible materials are used in the cleaning process;

2. That portion of the structure in which any cleaning process is done is at least fifty (50) feet from any residential use.

(h) Group home, with proper approvals and/or licenses as required by the State of New Mexico.

(i) Indoor amusement enterprise such as auditorium, billiards or pool hall, bowling alley, dance hall, theater or indoor shooting range.

(j) Mobile home, only if used as an office or dwelling during the construction of a dwelling on the same project, provided such use may be limited to a maximum period of one (1) year. A bond in the amount of $1,000.00 or the then current cost of removal must be posted to ensure compliance with the conditions of the use. The one (1) year period shall commence on the earlier of the date that conditional use approval is granted or the date the mobile home is first located on the premises after approval. Recreational Vehicles (RVs) and campers are not allowed as a dwelling unit. Mobile homes may not be used as a permanent dwelling unit except in existing approved mobile home parks.

(k) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

(l) Service and gasoline stations, including the retail sale of petroleum products, tube and tire repair, but not including automobile repair services.

(m) Schools, public and private, educational facilities, or learning centers, provided hours of operation are in compliance with all applicable Federal, State and Village laws, Code, Ordinances and Regulations.

(n) Wineries, breweries and distilleries, including on-site consumption and sale of products, in accordance with State and Village regulations.

(o) Wireless telecommunication (“cellular tower”) facilities, when disguised as some other structure such as a flagpole, tree, light fixture or is incorporated into a building and meets all requirements of § 9.6.1 et seq.

(3) RESIDENTIAL USES. The following uses shall be Permissive Uses in residential developments which are not commercial or mixed residential/commercial developments:

(a) All uses permitted in § 9.2.7 A-1 Zone except as may be specifically limited or modified herein.

(b) Single-family Residential dwelling units (site-built or modular) with a maximum of one dwelling unit per one twelfth (.0833) acre.

(d) Garage sales, estate sales, home distribution parties, trunk shows or other similar activities, provided the activity is conducted on single family dwellings or residential condominium property, does not run for more than three (3) consecutive days and is conducted a maximum of four (4) times a year. In the case of a garage sale or estate sale, one (1) sign no larger than six (6) square feet in area may be placed on the premises four (4) hours prior to and for the duration of the sale.

(e) Public parks and accessory uses customarily incidental to that use.

(f) Outdoor sale of food and agricultural products must adhere to the NMED, Bernalillo County and Village environmental or other regulations.

(4) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25(D)(2), § 9.2.25(E)(2) Application and Approval Process, of the Zoning Code:

(a) Childcare facilities provided the facility abides by Village and State regulations, and traffic, noise and hours of operation are mitigated.

(b) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

(d) Mobile home used as a dwelling during the construction of a dwelling on the same premises, provided such use may be limited to a maximum period of one (1) year; or as approved by the Planning and Zoning Commission; a one thousand dollar ($1,000.00) bond must be posted to ensure compliance with the conditions of the use. The one-year period shall commence on the date that conditional use approval is granted or the date the use actually began, if earlier, or as approved by the Planning and Zoning Commission.

(e) Guest house.

1. The guest house is limited to 1,000 square feet of heated floor area with facilities for cooking, (not necessarily a full kitchen, microwave, coffee pot, etc.), sleeping and sanitation

2. Guest houses may not have a garage.

3. Occupants shall not be charged rent unless an explicit conditional use allowing rental has been approved by the Commission or rent is for only short-term rental as all or part of a permitted Bed and Breakfast Establishment.

4. Guest houses shall not have a separate address.

5. Floor Area Ratio applies.

(f) Government buildings and accessory uses customarily incidental to that use. Government buildings and surroundings shall be constructed in southwestern or compatible architectural style as determined by the Planning Director.

(g) Outdoor recreational facilities accessory to public or private schools.

(h) Public or private schools, educational facilities or learning centers.

(5) PROHIBITED USES IN THE GATEWAY DISTRICT ZONE:

(a) Adult entertainment establishments.

(b) Apartment buildings or other dwelling units designed primarily as rental units.

(d) Commercial car washes.

(e) Drive through facilities for any business establishment.

(f) Hazardous material manufacturing, storage or handling activities.

(g) Hotels, motels or extended stay units.

(h) Manufactured or mobile homes (except as described under § 9.2.13(E)(2)(j).

(i) Mortuaries.

(j) Commercial outdoor storage facilities.

(k) Parking or storage of more than one motorized Recreational Vehicle (RV) per lot of record. Recreational Vehicles do not include small All Terrain Vehicles (ATV).

(l) Self storage units.

(m) Storage or sale of well drilling equipment.

(n) Tractor/Trailer sales and service.

(6) ANCILLARY USES. Uses that are customary and incidental to the primary use of the lot and in conformance with the zone. Ancillary Uses shall be permitted only as shown in the approved Site Development Plan.

(F) SITE DEVELOPMENT PLANS.

(1) APPLICATION AND APPROVAL. A Site Development Plan shall be required for (i) all new development; (ii) redevelopment of any lot(s) which shall include a change in use of the lot(s); (iii) for a structural alteration to 20% or more of an existing structure; and (iv) for the addition of square footage equal to 20% or more of existing square footage in any existing structure. Applications for a Site Development Plan or modification of an approved Site Development Plan shall be submitted in accordance with § 9.2.25(E)(4) Application and Approval Process requirements for approval of Site Development plans, and in addition shall include the following:

(a) A Preliminary/Sketch Plat Site Development Plan Application shall be submitted to the Village in accordance with Village adopted procedures. The Application shall set out the commercial and residential building areas, egress, parking, setbacks and other schematic plans for the proposed development.

(b) The Preliminary Site Development Plan Application shall include the viability of the development and the justification of the size and location of the main elements of the proposed development.

(c) After the Sketch Plat Review (no vote taken) by the Planning and Zoning Commission, a Preliminary Site Development Plan Application shall be submitted providing required detail. The Preliminary Site Development Plan shall receive a recommendation from the Planning and Zoning Commission to the Board of Trustees.

(d) The Preliminary Site Development Plan shall include, but shall not be limited to, specifics to that particular development which shall include:

1. Lot area coverage of structures – including Floor Area Ratio (if required) and number of dwelling units per acre.

2. Height and number of stories per structure.

3. Setbacks.

4. Street layout and design.

5. Pedestrian Ways and Bike Paths.

6. Stormwater Management Plan, which includes grading, and drainage plan (Low Impact Development is recommended).

7. A plan for noise, light and sound mitigation for the surrounding neighborhood(s).

8. A list of all facilities/amenities maintenance responsibilities and to whom they are assigned.

9. Architectural style and color.

10. All other requirements of the Village Codified Ordinances relating to Site Development Plans.

(e) The Final Site Development Plan shall be submitted for final action by the Board of Trustees of the Village.

(f) All Site Development Plan approvals will require the developer of commercial projects or mixed residential/commercial buildings to comply with commercial construction standards.

(G) AREA REGULATIONS.

(1) Residential density shall be a maximum density of one dwelling unit per one twelfth (.0833) acre.

(2) Lot size shall be governed by the terms set out in the Site Development Plan approved by the Board of Trustees, but for a residential lot shall not be less than .12 acre (3,630 square feet).

(a) The Floor Area Ratio (FAR) requirements of the Village Wide FAR per the Zoning Code shall be met in single family residential developments calculated on the basis of the net lot area excluding right-of-ways and common areas, Bike Paths and Pedestrian Ways, (if included in the development).

(b) Commercial and mixed commercial/residential developments will be exempt from the Floor Area Ratio requirements of the Zoning Code.

(3) Minimum setback limits for lots or parcels abutting property which is zoned residential and not within the Gateway District, shall be as follows:

(a) The front setback for all buildings shall be as approved in the Site Development Plan.

1. For single family residential houses, staggered front setbacks shall be implemented to avoid the “row house” look.

2. The side yard setback shall be ten (10) feet.

3. The rear yard setback shall be fifteen (15) feet.

4. Minimum setback limits for properties abutting an M.R.G.C.D. irrigation ditch or drain shall be twenty-five (25) feet from the property line abutting the M.R.G.C.D. facility.

5. The maximum height of buildings or structures is twenty-six (26) feet measuring the vertical distance from the existing grade after grading and drainage plan implementation to the top of the parapet on a flat roof or the apex of a pitched roof.

(4) All condominiums, residential or commercial, to be sold to individual owners must have a Village approved Condominium Declaration prepared in accordance with § 47-7A-1, et seq., NMSA 1978 and a condominium plat.

(5) All commercial buildings or mixed residential/commercial buildings must meet commercial building codes for the proposed usage.

(6) All buildings within the Gateway District Zone shall be built using conventional on-site or modular construction.

(H) PEDESTRIAN WAY. Pedestrian Ways and Bicycle Paths designated to enable the free movement of pedestrians or bicyclists with a specific development are encouraged in developments with the Gateway District Zone. Development design may include, where possible, the following elements:

(1) A Pedestrian Walkway, consisting of a stable permeable surface – pavers, permeable asphalt or concrete.

(2) A Bike Path consisting of a stable permeable surface – pavers, permeable asphalt or concrete, which shall be separate from the Pedestrian Way, shall be provided from public streets or other Bike Paths to a bicycle parking area within the project, from which the Pedestrian Walkway is accessed.

(3) A safety buffer separating the walkway and Bike Path from the street to promote pedestrian and bicycle safety.

(4) Pedestrian Ways and Bike Paths shall tie into other public Pedestrian Ways or Bike Paths wherever connection is possible.

(5) No walls or fences are allowed within a Pedestrian Way or Bike Path. Low planters no more than two feet, six inches (2.5 feet) in height are allowable in either side of the Pedestrian Walkway area or Bike Path.

(6) Vehicular driveways shall be perpendicular to Pedestrian Ways and clearly marked by color, pavers or texture and shall not block the continuous walkway surface.

(I) DESIGN CRITERIA.

(1) All new buildings are required to have a street facing entrance. The intent is to make major entrances to buildings obvious and welcoming using architectural details, lighting and signage.

(2) Massing articulation is required on all buildings.

(a) Massing articulation methods may include:

1. distinctive roof forms;

2. changes in materials;

3. window patterns;

4. different colors.

(3) Modulation shall extend to the roof, except at balconies. The purpose is, to the extent reasonably possible, avoid creating a rigid, rectangular building, but to break up the mass in creative ways.

(4) Flat, blank walls shall be prohibited for distances of more than a fifteen (15) foot length.

(5) All mechanical equipment located on the roof shall be concealed by architectural screening or treatment designed into the roof form. Merely painting rooftop mechanical equipment or surrounding it with fencing will not meet the requirements of this Section.

(6) Construction shall be appropriate for the architectural style. Materials such as aluminum siding, metal wall panels, mirrored glass and unstuccoed masonry units (except brick) or concrete are not allowed.

(J) ENVIRONMENTAL AND STORMWATER MANAGEMENT.

(1) All development, new or remodel, shall meet required Federal, State and local EPA National Pollutant Discharge Elimination System (NPDES) requirements and the Air Quality program administered by the City of Albuquerque. All sites shall provide for noise abatement.

(a) Low Impact Development practices and principals for on-site water retention, water harvesting and recycling, swales, berms, artificial streams and infiltration systems are recommended.

(K) LIGHTING.

(1) All lighting within the Gateway District Zone shall conform to § 9.2.20, Dark Skies.

(L) NON-CONFORMING USES.

(1) Developed properties within the Gateway District which are existing on November 19, 2012 are an approved non-conforming use, if the use was in compliance with existing zoning. This Section shall not be interpreted to approve any use, development or construction that was not in compliance with existing zoning and development standards as of November 19, 2012. All future development on the nonconforming parcels shall be governed by the requirements of the Gateway District.

(M) SUBDIVISION.

(1) No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(N) TRANSIT REGULATIONS. If there is an existing bus stop located directly adjacent to a property, granting of an easement for a new sheltered bus stop will be a development requirement, as approved by the Commission/Board.

§ 9.2.14 VC – VILLAGE CENTER ZONE

PURPOSE AND INTENT. In accordance with the Village of Los Ranchos Master Plan, the purpose and intent of this Section is to establish a Village Center Zone surrounding the Fourth Street/Osuna Boulevard/Chavez Road Intersections in the Village of Los Ranchos that promotes a more viable commercial center for the Village while protecting the established neighborhoods abutting Fourth Street and Osuna.

In creating the Village Center Zone the Village envisions a pleasurable destination for Village residents to gather and shop, an area that can be utilized for public gatherings such as markets and special events with a mix of complementary uses. Commercial development should be limited to those uses which are deemed to encourage pedestrian activity and draw large numbers of individuals to the area for the use of the general retail, restaurant and service establishments. To support the desired commercial development, the Village Center Zone should be the highest density residential zoning district in the Village of Los Ranchos.

The Village Center Project Area includes land within the Village Center Zone, but does not include all of the land within the Village Center Zone. In this Project Area, the Village will encourage the types of development envisioned, and may control development parameters by requiring economic development plans, entering into development agreements and to the extent the land may be owned or controlled by the Village, by filing of covenants and restrictions dealing with development and use of the Land, in addition to the zoning ordinances.

(A) LOCATION AND AREA. In accordance § 9.2.5, the boundaries of the Village Center Zone and the Village Center Project Area are shown on the official Zone Map.

(1) The Project Area boundaries may be amended by the Board of Trustees in accordance with § 9.2.25(E), Commission/Board Issued Permits.

(B) ECONOMIC DEVELOPMENT PLAN. An Economic Development Plan may be required for any development within the Village Center Project Area and the content shall be defined by the terms of a Development Agreement entered into between the Village and the property owner or developer. The Economic Development Plan will be reviewed by the Planning and Zoning Commission, which may make recommendations with regard to the Economic Development plan, and approved by the Board of Trustees.

(C) USES. Properties within the Village Center Zone shall conform to the Use Table below. Uses designated as “Permitted” may be denied if the proposed use is not in conformance with the Master Plan, or is deemed by the Village to be a nuisance or injurious to adjacent property, the neighborhood, or the Village of Los Ranchos.

Use Table
Key:
Permissive Uses	P
Conditional Uses	C
Prohibited Uses	X
All uses shall meet regulations for permits as required by the Village Codified Ordinances.
Agricultural	C
As an ancillary use in support of an on-site permissive use, limited to an area not to exceed 10% of the area of the permissive use it supports, and not to include livestock	C
Cannabis establishment	X
Residential (as qualified below)	P
Assisted living (adult) facilities	C
Daycare (adult) facilities	C
Duplex	X
Garage sales, estate sales, home distribution parties, trunk shows or other similar activities.	X
Single-family detached	X
Townhouses are required to provide a minimum of 24 dwelling units per gross acre.	C
Triplex	X
Institutional (as qualified below)	P
Government buildings and accessory uses customarily incidental to that use.	C
Places of worship	C
Schools, public or private, educational facilities, or learning centers	C
Theaters	C
Food and alcohol service (as qualified below)	P
Alcohol sales between 12:00 am and 2:00 am	C
Alcohol sales between 2:00 am and 8:00 am	X
Lodging (densities consistent with residential use requirements)	P
Services (as qualified below)	P
Dry cleaning, laundry, clothes pressing operations, laundromats	C
Ferrier services	X
Large animal boarding facilities	X
Mortuary	X
Rental centers	X
Office	P
Retail (as qualified below)	P
Adult bookstore or video store	X
Adult entertainment establishments	X
Fireworks stores, both temporary and permanent	X
Large format retail exceeding 50,000 square feet at ground level	X
Light Manufacturing such as jewelry, pottery, ceramics, glass, and metal art	P
Auto-oriented Uses
Auto sales, parts and supplies, including service stations and farm equipment	X
Commercial car washes	X
Construction yards and commercial storage facilities	X
Establishments with drive-up facilities	C
Self-storage units	X
Trailer or recreational vehicle sales or service	X
Civic Support
Parking lots and parking structures	C
Public utility structures such as transformers, switching, pumping, or similar technical installations essential to the operation of a public utility	C

(D) AREA REGULATIONS.

(1) Residential density is limited by area regulations in the Village Center zone.

(2) Lot widths in the Village Center Zone shall be a minimum of sixteen (16) feet and a maximum of one hundred twenty (120) feet. Within the Project Area lot widths shall be a minimum of sixteen (16) feet and a maximum of two hundred (200) feet. These widths shall apply to buildings on existing lots with dimension in excess of that allowed in lieu of requiring subdivision.

(3) Setbacks

(a) Setbacks for properties in the Project Area that abut residential zoned property shall be:

Front	Five (5) feet minimum and eighteen (18) feet maximum
Side	Fifteen (15) feet minimum
Rear	Fifteen (15) feet minimum

(b) Setbacks for properties in the Project Area that do not abut residential zoned property shall be:

Front	Five (5) feet minimum and twelve (12) feet maximum
Side	Zero (0) feet minimum or six (6) feet maximum
Rear	Zero (0) feet minimum

Front	Five (5) feet minimum and twelve (12) feet maximum
Side	Zero (0) feet minimum or six (6) feet maximum
Rear	Ten (10) feet minimum

(d) Minimum setbacks for properties abutting an M.R.G.C.D. irrigation ditch or drain shall be twenty-five (25) feet from the nearest edge of the ditch or the required property line setback, whichever is greater.

(4) Building height shall be regulated in stories and maximum height pursuant to the following restrictions. Measurements for the Height limits will exclude masts, flues, or elevator bulkheads.

(a) Maximum Building heights shall be the lesser of three (3) stories or forty-eight (48) feet.

(E) DESIGN REGULATIONS.

(1) The design of the commercial and residential development within the Project Area will be determined in the Site Development Plan application and approval process.

(2) Blank exterior building walls (walls with no openings and a single color, material, and uniform texture on a single plane) greater than 15 feet in length shall not be permitted. Exterior walls that face Fourth Street or Osuna Road must have glazing with clear glass for a minimum of 30% of the area of the façade.

(3) Lots that face Fourth Street shall have buildings along a minimum of fifty (50) percent of the property line/setback adjacent to Fourth Street.

(4) The primary entry of all buildings shall face a sidewalk readily accessible to the public. Secondary entries may face private parking lots.

(5) Pedestrian and bicycle paths shall be encouraged. Development standards for pedestrian and bicycle paths shall include:

(a) Stable, permeable surface including pavers, permeable asphalt or concrete.

(b) A continuous planter separating the path from the street.

(d) Shade shall be provided for a minimum of fifty (50) percent of the pedestrian or bicycle path.

(e) No barriers shall be permitted within the path including, meters, utility poles, signage, furniture, or walls. Planters not exceeding thirty (30) inches in height may abut bicycle and pedestrian paths.

(6) Parkland provided in new development shall comply with the following standards:

(a) All parks shall be publicly accessible and visible from the right-of-way.

(b) Parks may be in the form of a plaza, community garden, or pocket park. A minimum of fifty (50) percent of a plaza perimeter shall be a public street. Plazas may be landscaped or paved, or a combination of both pavement and landscaping, shall provide a minimum of twenty (20) percent shade, and shall provide seating.

(F) OFF STREET PARKING REGULATIONS.

(1) Excepting for areas within the Project Area parking may be permitted at the side of a building, but may not be located between the front of the building and the public sidewalk. If parking is located on the side a building, it shall be screened from the roadway by an opaque wall or evergreen hedge that shall be a minimum of thirty (30) inches and a maximum of forty (40) inches in height.

(2) Off street parking requirements for the Project Area shall be determined by the Site Development Plan.

(3) The minimum requirements for off-street parking spaces for property not in the Project Area shall be as follows:

Use	Required off street parking spaces
Amusement facility	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Residential	One (1) space per residence
Dining, bar, nightclub	Five (5) spaces per one thousand (1,000) square feet of gross floor area
Retail, office	Two (2) spaces per one thousand (1,000) square feet of gross floor area
Assembly	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Lodging	One (1) space per room
Light manufacturing	One (1) space per one thousand (1,000) square feet of gross floor area
Institutional	Three (3) spaces per one thousand (1,000) square feet of gross floor area

(G) LANDSCAPING REGULATIONS.

(1) The Site Development Plan will establish the landscaping requirements for the Project Area. Landscape maintenance shall comply with § 9.2.19 (F)

(2) The requirements of § 9.2.19 of the Zoning Code provide the basic guidelines for designing the landscaping in the non-Project Area excepting buffer widths shall be equal to or less than the required side or rear setback.

(H) DARK SKIES REGULATIONS. The regulation of § 9.2.20 of the Zoning Code shall govern all site lighting in the Village Center Zone.

(I) SIGNS.

(1) The Site Development Plan will establish the sign requirements for the Project Area.

(2) The requirements of § 9.2.22 of the Zoning Code will apply as to the basic guidelines in the non-Project Area except as follows.

(a) Sandwich board signs may be permitted during business hours but they must not impede pedestrian or bicycle access. Sandwich boards may be permitted on a public sidewalk.

(b) Height. Maximum height of a free-standing sign shall not exceed eight (8) feet in height from the elevation of the sidewalk closest to the base of the sign. The sign will not be permitted within the clear site triangle for any roadway.

(J) OUTDOOR STORAGE REGULATIONS.

(1) Stored materials shall be fenced, screened, and fully buffered from public view.

(2) Stored materials shall be safely contained.

(K) OUTDOOR DISPLAY OF MERCHANDISE.

(1) The outdoor display of merchandise will be permitted if it is ancillary to a primary business.

(2) The total area allowed for the ancillary outdoor display of merchandise (excluding agriculture) shall be less than five (5) percent of the total gross square foot area of the principal building unless otherwise approved by the Village.

(3) Displayed merchandise shall be safely stored and shall not utilize required parking spaces or impede pedestrian use of interior walkways.

(4) The displays shall be temporary and may be erected and used during business hours only.

(5) Outdoor displays shall be located not less than fifteen (15) feet from any residentially zoned property which is outside of the Village Center Zone

(L) APPLICATION AND APPROVAL PROCESS. All applications for development requiring platting actions other than the Project Area shall be approved in the manner set forth in § 9.2.25 of the Zoning Code.

(M) TRANSIT REGULATIONS. If there is an existing bus stop located directly adjacent to a property, granting of an easement for a new sheltered bus stop will be a development requirement, as approved by the Commission/Board.

§ 9.2.15 AC – AGRICULTURAL-COMMERCIAL ZONE

The purpose of this zone is to encourage the development of sustainable and economically viable agricultural activities on larger tracts within the Village in keeping with the historic pattern of land use in the area. The creation of this zone is compatible with the goals, ideals and aspirations of the Master Plan.

AC Zone status may be applied to any property in the A-1, A-2 or A-3 Zones in the Village if the conditions set forth herein are met and if at least one acre or 66% of the lot area, whichever is larger, is open space dedicated to agricultural use, exclusive of parking or access areas.

(A) PERMISSIVE USES. A building or premises shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in the A-1, A-2 or A-3 Zones.

(2) Commercial activities associated directly and exclusively with horticulture, equestrian activities and general agricultural activities including, but not limited to, the raising and selling of vegetables, fruits, crops and livestock, as well as the care, feeding, training and boarding of livestock, but not to include the cultivation, intentional growth, manufacture, or distribution of cannabis or cannabis products.

(3) Commercial Recreational Facilities:

(a) Limited to rodeo arenas, polo grounds, riding academies and boarding stables;

(b) Wineries with proper state licensing;

(c) Keeping of livestock in numbers exceeding that currently permitted by Village 2013 Codified Ordinances, subject to conditions that may be imposed upon such use to ensure that the keeping of livestock does not become a nuisance to neighboring properties by the omission of such activities as the prompt removal of waste, dust control and insect control;

(d) Bed and breakfast establishments of eight (8) or fewer rooms.

(B) ADDITIONAL REGULATIONS.

(1) Retail uses may not exceed 1,000 sq feet of floor space in lots four (4) acres or less. A maximum of 2,000 sq feet is allowed on lots exceeding four (4) acres.

(2) Parking: Number of spaces as set forth in § 9.2.18 for retail uses (minimum 1 space/225 sq. feet.) Landscaping of parking area as set forth in § 9.2.18 and § 9.2.19 of the zoning code. Parking areas in the AC Zone must be constructed of porous materials and have adequate dust control (eg, aggregate base course and gravel). Additional buffering of the parking use from adjacent residential property may be ordered by the Planning Director.

(3) The retail use must be directly associated with the agricultural use of the parcel. For example, sales of wine and related products for a winery; tack at a horse arena, fruit at an orchard, etc. If the agricultural use for which the AC Zone was granted ends, the retail use must also end.

(4) Lighting shall conform to the residential section of the Dark Skies Section of the code, § 9.2.20.

(5) Hours of operation: Retail sales are limited to seven (7) days a week, and may begin not earlier than 9 AM and must end by 6 PM, unless a special event is taking place.

(6) Signage: A single permitted permanent sign of no more than six (6) square feet in area is allowed. One additional permitted sandwich-type sign may be displayed during business hours in accordance with § 9.2.22 Signs, for commercial properties.

(7) The keeping of all livestock and other animals, private and commercial, must be in accordance with § 7.2.1 et seq., Animal Control. Any violation of the Animal Control Ordinance relating to livestock and property regulations shall also constitute a violation of the Zoning Code.

(C) SPECIAL EVENTS. Definition of “Special Event:” Any gathering at which attendees are expected to pay for admission, entertainment, food, beverages, services or retail goods, held either for profit or for charitable benefit. Community Supported Agricultural Events, including, but not limited to the Grower’s Market, Harvest Festival and Corn Maze, are exempt from this definition. Events related to the Balloon Fiesta, and occurring in conjunction with the Balloon Fiesta may be approved administratively by the Planning Director. Horse shows are special events which are characterized by a paid entry process, formal judging of entries and typically involve the awarding of recognition for accomplishments during the competition.

(1) Permissive Events:

(a) Fifty (50) persons plus up to seven (7) employees, occurring no more often than eight (8) times in a calendar month and four (4) events per calendar month with up to one-hundred fifty (150) persons plus eleven (11) employees beginning no earlier than 8 AM and ending prior to 11 PM are permissive in the AC Zone, provided that adequate off-street parking is available and the property is fully in compliance with the requirements of this Section and all other applicable regulations of the Village of Los Ranchos de Albuquerque.

(b) Horse arenas may have up to ten (10) horses in the arena at any time during business hours that comply with § 9.2.15(B)(5).

(d) Horse shows limited to four (4) shows per year provided that off-street parking is available and the property is fully in compliance with the requirements of this Section and all other applicable regulations of the Village.

(2) Special Event Permits (SEP). All other special events, not covered under § 9.2.15(C)(1) require the issuance of a Special Event Permit by the Village Administrator.

(D) BUFFERING OF ADJACENT PROPERTIES. AC properties with retail uses must provide landscape buffering as required elsewhere in the code for the C-1 Zone to buffer retail use from residentially zoned property. Other uses shall require buffering as specified elsewhere in this Section.

(E) APPROVALS.

(1) Applicants with properties meeting all requirements listed above may apply for AC zoning. The applicant must submit a site plan detailing the proposed agricultural and accessory uses, as well as plans for parking, lighting, landscaping, irrigating and buffering sufficient to demonstrate compliance with the above-detailed requirements for the AC Zone.

(2) The application and approval process for changes to AC zoning shall follow § 9.2.25(E)(8) Zone Map Amendments. Public notice requirements shall follow § 9.2.25(F).

(F) CONDITIONAL USES. The following uses may be allowed only when approval has been obtained from the Village:

(1) Any conditional use allowed and regulated in A-1 and A-3 Zones.

(2) Conference centers and meeting facilities.

(3) Bed-and-Breakfast establishments larger than eight (8) rooms so long as such facility has at least 66% of the property as open space.

(4) Storage and repair of agricultural machinery and equipment.

(5) The Village will consider the following matters in approving a conditional use and any other matters deemed appropriate in the sole discretion of the Village based upon the facts and circumstances of each individual application for a conditional use. In all conditional use applications, the Village will consider the character and conditions of the surrounding property and the surrounding neighborhood; signage requirements for the use; parking requirements for the use; the distance between the use and all neighboring residences; the hours of operation of the conditional use; noise generated by the use; all traffic needs of the use; adequacy of parking on the premises for the use; lighting needs of the use; and any conditions deemed appropriate by the Village of Los Ranchos Fire Department. The Village shall place such terms and conditions upon the use as is deemed necessary by the Village to minimize the effect of the conditional use on the surrounding premises.

(G) SPECIAL USES.

(1) Commercial Horse Facilities having more than ten (10) horses on site shall require a special use permit. Conditions of approval for a special use permit under this zone shall include, but not be limited to:

(a) Twenty-five (25) foot setback of edge of arena to property line.

(b) Buffering consisting of either a six (6) foot solid wall/fence or similar height dense landscaping, to provide a visual buffer.

(c) Detailed parking plan, with ingress/egress acceptable to the Village Engineer, Fire Department and Planning Department.

(d) Maximum of four (4) horse exhibitions or clinics per month, such events to be held between the hours of 9 AM and 5 PM.

(e) Compliance with § 7.2.1 et seq., Animal Control, including an approved drainage plan, manure handling plan and dust/pest mitigation plan.

(H) AREA REGULATIONS minimum lot area and width. The minimum lot area shall be two (2) acres (87,125 sq. feet) and the minimum lot width shall be one-hundred (100) feet.

(I) SETBACKS. Unless otherwise restricted by this Section, for all structures, the minimum front setback shall be twenty-five (25) feet, the minimum side setback shall be fifteen (15) feet and the minimum rear setback shall be twenty-five (25) feet. Greater setbacks may be imposed if the proposed use should, in the discretion of the Village, be further setback herein from neighboring homes. However, such setbacks can be no greater than double those set forth herein. For any property bounded by an irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet.

(J) HEIGHT REGULATIONS.

(1) Buildings and structures. As regulated in A-1 Zone.

(2) Fences and walls. Fences and walls may be erected for livestock in a manner and with sufficient height in order to contain the livestock safely and to prevent the livestock from trespassing on neighboring property. However, despite the foregoing sentence, no solid wall or fence shall be allowed which faces a street, road or alley and exceeds four (4) feet in height as measured from the center line of such street, road or alley, unless specifically approved by permit. If a wall of four (4) feet is insufficient to contain the livestock on such property, a non-solid fence may be erected as a portion of the solid wall or a solid wall of sufficient height to contain the livestock may be erected at a distance established by the Village sufficiently removed from the property line to ensure all view corridors remain open.

(K) SPLIT ZONES.

(1) The owner of any property of sufficient size may request that the zoning on said property be split between residential and agricultural-commercial if only a portion of the property is devoted to agricultural-commercial use.

(2) In order to obtain AC Zoning, the applicant must submit a detailed site development plan with precise and complete information disclosing the nature and full extent of the commercial-agricultural use. The Village may impose such conditions on the uses as are necessary to protect the quiet enjoyment of neighboring properties.

(L) ACEQUIA IRRIGATION.

(1) Continuation of any existing acequia irrigation is a requirement of any agricultural/commercial use in this zone.

(2) Abandonment of irrigation rights by the land owner may be cause to remove the AC Zone status and revert to previous zoning.

§ 9.2.16 SPECIAL USE ZONE

(A) PURPOSE AND INTENT. The purpose of this section is to recognize that certain areas within the Village were given a designation of Special Use Zoneunder a special use zoning ordinance which has now been repealed. Pursuant to previous ordinances, such zones were recognized,but no provision or other procedure was specified as to how the Special Use Zones could be modified, rezoned, or conditions stated therein amended. This revision is adopted to establish future use, modification and procedures relating to recognized Special Use Zones.

(B) APPROVED SPECIAL USE ZONES. The following projects or areas are hereby recognized as having been granted a Special Use Zone. No other projects or areas shall be approved and granted a Special Use Zone under existing ordinances of the Village.

(1) 4803 Rio Grande Blvd., Los Poblanos Inn and Cultural Center

(2) 324 Ranchitos Rd.

(3) 328 Ranchitos Rd.

(4) 330-380 Los Ranchos Rd

(5) 6770 Fourth St.

(6) 6798 Fourth St.

(7) 6847 Fourth St.

(8) 7010 Fourth St.

(9) 7702 Fourth St.

(10) 8223 Fourth St.

(11) 8301 Fourth St.

(12) 8601 Fourth St.

(13) Los Poblanos Orchards Planned Development

(14) Los Prados de Guadalupe Planned Development

(15) Los Terrones Planned Development

(16) Nara Visa Commons Planned Development

(17) Ortega Compound Planned Development

(18) Rancho Farms Planned Development

(C) PERMITTED USES. The permitted uses in each Special Use Zone shall be those specifically listed as conditionsor uses as were adopted by the Village at the time the Special Use Zone was adopted or approved by amendment to the Special Use Zone in accordance with the provisions of this Ordinance. All uses not identified as permitted uses in a Special Use Zone shall be deemed a prohibited use.

(D) ADOPTION OF PERMITTED USES. It is the intent of the Village to incorporate into this Ordinance the permitted uses for each special use zone. Until such permitted uses are specifically incorporated herein or included herein by amendment of this Ordinance, the uses approved in the ordinance, resolution or other action adopting the Special Use Zone and those contained on the site plan or plat approved by the Village for each Special Use Zone shall be deemed permitted uses.

(E) PROVISIONS APPLICABLE TO ALL SPECIAL USE ZONES. The provisions of this section shall be applicable to each Special Use Zone unless specifically modified by ordinance, resolution, or other action adopting the Special Use Zone in the original approval or in an amendment to such Special Use Zone.

(1) Floor Area Ratio. All Special Use Zones shall be subject to the Floor Area Ratio as defined in § 9.2.3(B) if any property in the Special Use Zone is used for residential purposes.

(2) Residential building height shall be limited to twenty-six (26) feet from the existing grade (the existing surface of the ground prior to fill and compaction [Existing Grade]) to the top of the parapet or top of the mansard roof line.

(3) The height of single-story building shall not exceed seventeen (17) feet in height from the Existing Grade. If any portion of the building exceeds seventeen (17) feet in height from the Existing Grade, that portion of the building shall be considered a second-floor and shall be regulated by the second-floor percentages and limitations as set out in § 9.2.16(E)(5)

(4) Detached garages, including those for recreational vehicles, if permitted, shall not be more than seventeen (17) feet in height above the existing grade.

(5) For two-story buildings, the second floor areas, including all covered patios, porches, portals, balconies and other open and accessible living areas, shall be limited to a total of sixty percent (60%) of the first floor enclosed square footage as defined by § 9.2.3(B).

(6) No facade wall length shall be greater than fifteen percent (15%) of the calculated perimeter of facade walls of the first floor and shall not exceed seventeen (17) feet in height. Any portion of a facade wall exceeding fifteen percent (15%) of the perimeter length shall be stepped back by the greater of four (4) feet or equal to a forty-five degree (45.) plane drawn from a perpendicular point on the adjacent property line.

(7) Chimneys shall not exceed twenty-nine (29) feet in height.

(8) Flagpoles shall not exceed forty (40) feet in height.

(9) Noncommercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(10) Solar Access. Building Height Limitations to Preserve Solar Access: For any new construction submitted after May 19, 2008, the height of any building shall comply with the following additional height to setback limitations, either:

(a) The building height shall not exceed the following height, determined by the setback distance cardinally south from the northern boundary of the lot as follows:

Lot Line - Feet	Height - Feet
10	14
15	17
20	20
26	26

or:

(b) The height shall not exceed a thirty-one degree (31°) angle plane drawn upward from a horizontal line located two (2) feet above the existing grade, ten (10) feet within the northern property line. (See Illustration A).

(11) Fences and Walls.

(a) No open fence shall exceed six (6) feet in height. Open fence as used herein shall mean a fence constructed in a manner which allows not less than fifty percent (50%) visibility through the fence from a position that is perpendicular at a right angle to the fence.

(b) No solid wall or solid fence located within the rear or side setback area shall exceed six (6) feet in height.

(d) No solid wall or solid fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(e) No solid wall or solid fence located within the specified setback area and along a public or private right-of-way shall be more than four (4) feet in height.

(f) No solid wall or solid fence shall be constructed unless a permit has been approved by the Village.

(g) Concertina wire (razor wire) is prohibited in all cases.

(h) Lands within a Special Use Zone shall not be subdivided, except upon application under and in compliance with all Village Subdivision Ordinances, Chapter 9, Article 1.

(12) Residential setback requirements as set out in § 9.2.7(E)(2) and (3) shall apply to all Special Use Zones.

(13) Except as specifically set out herein or in the Ordinance adopting the Special Use Zone, all projects/properties in the Special Use Zone shall be subject to all provisions of Chapter 9, Article 2; excepting, however, land uses within a Special Use Zone shall not be eligible for a Special Use Permit under § 9.2.17, nor the continued existence and/or occupation of a Nonconforming Use as defined in § 9.2.23, unless approved in the Special Use Zone conditions.

(14) All facilities in a Special Use Zone generating liquid waste shall be required to connect to the public sanitary sewer system, regardless of the distance of the property from the public sanitary sewer line.

(15) Sixty percent (60%) of the area within each lot in a Special Use Zone shall have a permeable surface.

(16) Open-space set-asides, floor area ratio or density requirements in any Special Use Zone shall not entitle the owner of the parcel to transfer any development credits as provided in § 9.2.6.

(F) AMENDMENT. A Special Use Zone may be modified or amended by application and approval of a text amendment pursuant to § 9.2.25(E)(6).

(G) LOS POBLANOS INN AND CULTURAL CENTER. The approved uses and conditions for the Special Use Zone for the Los Poblanos Inn and Cultural Center ("Inn") are as follows:

(1) Approved Uses.

(a) Hotel/inn with guest rooms;

(b) Dining/restaurant facilities;

(d) Farm shop for retail sale of agricultural and related products;

(e) Bakery to provide fresh baked goods for the restaurant and for sale in the Farm Shop

(f) Farming, husbandry and other related agricultural uses, including processing of products with due regard for surrounding residential areas as to scale;

(g) The sale, dispensing and manufacture of alcoholic beverages;

(h) Maintaining facilities for public and private events and gatherings.

(i) Accessory Uses to support the above listed uses including housekeeping, laundry, parking, storage, office, education, recreation, and smallscale processing facilities, which shall not cumulatively exceed 15,000 square feet of enclosed area.

Such Approved Uses are further qualified as set out in subsections (2) through (12) below.

(2) Guestrooms.

(a) The Inn shall have a maximum of fifty (50) guestrooms and/or suites. Twenty-six (26) of the guestrooms/suites may be new construction, with the remaining suites either existing within the Inn or repurposed areas within existing structures. Guestrooms/suites may include individual guestrooms and/or suites of up to two (2) bedroom units with seating areas and kitchenettes. The location of all new construction for guestrooms/suites and/or repurposed structures shall be as shown on an approved site plan.

(3) Dining (Non-Event Related). The Los Poblanos Inn and Cultural Center may provide on-site food-service for guests and the general public pursuant to the following limitations:

(a) The restaurant area is allowed internal seating for no more than one-hundred (100) patrons. Attached verandas and patios shall be limited to seating for not more than fifty (50) patrons.

(b) Restaurant non-event operating hours shall be limited as follows:

1. Outdoor dining areas may not open prior to 7:00 AM and must close by 10:00 PM.

2. There shall be no time limit for opening of the indoor dining, but indoor dining facilities must close at 11:00 PM with the exception of New Year's eve, when dining may continue until 1:00 AM on January 1 of each year.

3. Outdoor food-service shall be permitted prior to 7:00 AM during the Balloon Fiesta and beginning one (1) day prior to the Balloon Fiesta.

(c) The Farm Shop shall be permitted to sell packaged foods and beverages for consumption on or off the property; provided, however, food consumption on patios and verandas not in accordance with the foregoing hour limitations shall not be permitted.

(4) Retail. The Farm Shop shall be permitted to conduct retail sales including value-added farm products, regional specialty items, Los Poblanos branded goods, baked goods, and packaged foods and beverages pursuant to § 9.2.16(G)(2)(c) .

(5) Farming. The Los Poblanos Inn and Cultural Center may grow, process and commercially produce crops, livestock, poultry, honeybees, and the products thereof. The farming production may include wholesale use and the processing and sale of value-added products grown off site. Animal populations are limited to one cow, horse, mule donkey or alpaca per 10,000 square feet of open lot area or more than 2000 square feet of open lot area for any other livestock, excluding fowl and rabbits which have no area requirement.

(6) Events.

(a) "Events" may include, but are not limited to, meetings, retreats, seminars, dinners, classes, social occasions, memorials, weddings and receptions.

(b) The Inn may schedule events subject to the following limitations:

1. Fewer than 85 invited guests - no limitation;

2. 86 to 150 invited guests - not more than three (3) per week;

3. 151 to 250 invited guests - not more than four (4) per month, but limited to two (2) in any seven (7) day period.

4. 251 to 300 invited guests - four (4) per year, but may not exceed one (1) in any seven (7) day period.

(c) Events shall not exceed a total of 300 invited guests or attendees, whichever is lesser, at any given time, with the exception of possible community events pursuant to § 9.2.16(G)(4)(e). This maximum does not include guests at the Inn, Farm Shop, or restaurant dining not specifically invited as guests.

(d) Subject to the foregoing limitations, events may be held in the hay barn only between 7:00 AM and 7:00 PM.

(e) Community events of up to 500 attendees may be held no more than twice per year. However, these events require sponsorship by the Village of Los Ranchos or a non-profit organization which is aligned with the Innfs mission of agritourism, education and sustainability. These events require Village approved off-site parking, shuttles, or other form of non-vehicular access.

(f) The property may be used for the filming of movies/television and advertisements under the same terms, if at all, as permitted on C-1 zoned properties within the Village. Promotional filming, journalistic coverage and documentaries shall be permitted for marketing purposes.

(7) Alcohol. The Inn shall be permitted to own and use liquor dispensers' licenses or restaurant licenses subject to compliance with all state of New Mexico and federal regulations. The Inn shall be permitted to produce and sell or serve alcoholic beverages (beer, wine or distilled spirits); provided, however, if production of alcoholic beverages requires production from off-site deliveries, the Village may impose traffic volume or other limitations. Permits for construction or installation of any production facilities must be approved by the Village and shall be subject to appropriate state and federal regulations.

(8) Operational Hours and Music.

(a) Outdoor events, including dining, may not take place prior to 7:00 AM and must conclude outdoors by 10:00 PM. Outdoor music, food service and alcohol service shall end at 10:00 PM. Additional time will be permitted for participant dispersal, but shall be completed by 11:00 PM.

(b) Indoor events, including dining, may continue until 10:30 PM with the exception of New Year's Eve when events may continue until 1:00 AM. Food service and alcohol service shall end at 10:30 PM (or 1:00 AM on New Year's Eve). Additional time will be permitted for participant dispersal, but shall be completed by 11:30 PM (or 2:00 AM on New Year's Eve). The portals are integral to the interior building spaces and may not be disassociated from the interior spaces but are subject to the conditions set out in subsection (d) below. Minimal amplification is allowed for speeches from speakers on the Portals associated with La Quinta events.

(d) Outdoor, un-amplified music is permitted between the hours of 10:00 AM and 9:00 PM. Portals shall not be used after 10:00 PM or when amplified music is present at an indoor event.

(9) Parking.

(a) Two hundred (200) parking spaces shall be maintained at all times with parking stalls to be a minimum of 9 x 18 feet with a fifteen (15) foot backup area for valet parking and twenty-four (24) foot backup area for all other spaces. Valet parking shall be required for events anticipated to have 150 or more cars.

(b) Not more than twenty-five (25) parking spaces may be located in the southeast service court beside La Quinta.

(c) Except during community events, parking on Rio Grande Boulevard, Rio Grande Place or Rio Grande Lane shall not be permitted.

(10) Ingress and Egress.

(a) The north service road exiting onto Rio Grande Place shall not be used for La Quinta or Restaurant guests.

(b) The south service road shall not be used between 9 p.m. and 6 a.m. A gate shall be installed east of the La Quinta parking lot and it shall be closed during these times.

(d) Truck deliveries shall only be permitted between 8 a.m. and 7 p.m.

(11) Landscape Buffer.

(a) An eight (8) foot wide landscape buffer is installed and shall be continually maintained and irrigated along the southern and western perimeter of the tract that contains the Inn to screen the structures and associated parking from adjoining lots and MRGCD property. A solid coyote fence shall be installed and maintained along the southern property line from the service parking lot to the western boundary.

(b) A fifteen (15) foot wide landscape buffer along Rio Grande Place is installed and shall be continuously maintained and irrigated.

(c) Solid walls along Rio Grande Place shall not exceed six (6) feet in height and shall be south of the fifteen (15) foot landscape buffer. No solid walls shall be permitted at the perimeter of the property along Rio Grande Boulevard. The existing coyote fencing on the northwesterly side of the property may remain on the western 300 feet of the north property line.

(12) Lighting.

(a) All outdoor lighting shall be shielded and must shine only onto the property.

(b) Outdoor lighting shall comply with § 9.5.1 (Commercial Lighting Code).

(c) Height above that permitted by the Dark Skies requirements contained in § 9.2.20 may be permitted, after design approval by the Village, as required for security and safety; provided, however, the fixtures comply with the intent to minimize light pollution and trespass onto neighboring properties.

(13) Design.

(a) The architecture of new guest rooms shall incorporate one or more architectural elements similar to the existing buildings on site: southwestern or northern New Mexico architectural features such as, but not limited to, portals, vigas, pueblo style elements, territorial elements or early twentieth century agricultural buildings.

(b) For purposes of site development, Tracts A-1, A2A and A3A shall be treated as a single parcel pursuant to setbacks and lot coverage.

1. Eastern boundary facing Rio Grande Boulevard: 280 feet.

2. Northern boundary facing Rio Grande Place: 15 feet, except new casitas shall have a northern setback of 30 feet.

3. Southern boundary: 20 feet.

4. Western boundary: 15 feet.

5. Structures constructed before December 1, 2014 shall be permitted as built.

(d) Building heights shall be set pursuant to § 9.2.16(E)(3) and § 9.2.16(E)(4). Agricultural buildings shall not exceed seventeen (17) feet in height from the existing grade.

1. Structures constructed before December 1, 2014 shall be permitted as built.

(e) Building massing shall not be subject to § 9.2.16(E)(5) and § 9.2.16(E)(6).

(f) All utilities installed or constructed after the date hereof shall be underground.

(14) Open Space.

(a) The site plan shall designate 12.5 acres of Open Space.

(b) The pond, roadways to and from the Inn and future farm tracts may be counted towards the 12.5 acre Open Space requirement.

(c) The remaining Open Space may be used for agricultural activities, including commercial agriculture and educational activities. Agricultural outbuildings may be constructed within the Open Space, but outside of the setback areas, to service husbandry or horticulture and animal shelter. Provided, however, structures in the Open Space shall not cumulatively exceed 5,000 square feet and shall not be more than seventeen (17) feet in height.

(d) In addition to the restrictions found in the Special Use Zone approval, the Open Space shall be preserved in perpetuity through a conservation easement approved by the Village prior to issuance of a certificate of occupancy for any new construction.

(15) Other.

(a) The Inn shall abide by the Village Fire and Safety Code (Chapter 5).

(b) The facilities which generate liquid waste shall comply with applicable ABCWUA sewer and water regulations.

(d) No modification shall be made to the Los Poblanos Inn and Cultural Center which jeopardizes the National or State Historic District Register Listings or designations.

(e) The Los Poblanos Special Use Zone shall be developed only in accordance with an approved site plan. Storage Buildings 1.A and 1.D, located in the SW corner of the site and as shown on the approved 2008 Site Plan shall be allowed to proceed with construction and use prior to the approval of an updated site plan.

(f) The Village shall be entitled to conduct inspections of the property upon prior verbal or written notice to the owners or owners' managing agent to assure compliance with the provisions hereof.

(H) IMPLEMENTATION, ENFORCEMENT AND PENALTIES. All notices and prosecutions of violations of these conditions of approval shall follow § 9.2.24(c)(1)-(4).

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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