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(A) PURPOSE AND INTENT. It is the purpose of this Section to:
(1) encourage commerce;
(2) enhance the appearance of Fourth Street by encouraging parking on sides and rear of buildings;
(3) conserve resources by moderating parking requirements;
(4) promote shared parking;
(5) promote “Park once, shop several places;” and
(6) encourage pedestrian, bicycle, and transit as means of transportation within the business district.
(B) OFF-STREET PARKING REGULATIONS. In all zones there shall be provided at the time any building or structure is occupied, being erected, or structurally altered, off-street parking spaces as follows:
(1) Amusement facility (other than drive-in theater, uses with fixed seating and those listed elsewhere in this Section), including swimming pool, amusement park, miniature golf course, golf driving range, dance hall, skating rink, or similar recreation establishment: One (1) space for each two hundred (200) square feet of building.
(2) Bowling alley: Two (2) spaces for each alley.
(3) Religious institution, club or lodge: One (1) parking space for each eight (8) members or thirty (30) inches of pew seating in the main area of the structure.
(4) Community center, library, museum, or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet, and the required handicap access space(s).
(5) Dwelling: One (1) parking space for each bedroom or fraction thereof provided in the dwelling, but not less than two (2) spaces per dwelling unit.
(6) Light manufacturing or industrial establishment: One and one-half (1.5) spaces per one thousand (1,000) square feet of floor area.
(7) Medical or dental office, clinic, including veterinary clinic: Two (2) parking spaces for each examination or treatment room plus one (1) space for each doctor, and the required handicap access space(s).
(8) Mortuary: One (1) parking space for each one thousand (1,000) square feet of gross floor area plus one parking space for each three (3) seats in the funeral chapel area.
(9) Motel, hotel, bed and breakfast establishment, guest ranch: One (1) parking space for each sleeping room or rental unit; one (1) parking space for each employee per shift; one (1) parking space for each service vehicle associated with the facility; and, two (2) parking spaces for the home owner and/or property manager.
(10) Private club, lodge, or union headquarters: One (1) parking space for each five (5) members.
(11) Restaurant, bar, nightclub, café: One (1) parking space for each one hundred fifty (150) square feet of floor area.
(12) Retail store, office (other than medical or dental), or service establishment not otherwise specified herein: One (1) parking space for each three hundred (300) square feet of floor area for the first floor and four hundred (400) square feet for the second and third floor.
(13) Rooming or boarding house: One (1) parking space for each sleeping room.
(14) School: One (1) parking space for each four (4) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
(15) Theater, auditorium, sports arena, stadium, gymnasium, rodeo arena, polo grounds: One (1) parking space for each four (4) seats or seating spaces.
(16) Mobile home park: One and one-half (1.5) parking spaces for each trailer or dwelling unit.
(C) ALTERNATE PARKING PLAN. An Alternate Parking Plan may be submitted for approval, demonstrating how parking will be accommodated through a combination of onsite, off-site (whether public or private), shared, and/or on-street parking. Alternate Parking Plans may be based on a lesser number of spaces than that required under § 9.2.18(B) Off-Street Parking Regulations, provided it is demonstrated that a nuisance will not be created thereby.
(D) GENERAL RULES FOR DETERMINING PARKING REQUIREMENTS. To compute the number of required off-street parking spaces, the following shall govern:
(1) Where fractional spaces result, the parking spaces required shall be construed to be the next highest number when fifty percent (50%) or above.
(2) The parking space requirements for a use not specifically mentioned herein shall be the same as that required for a similar use as determined by the Director.
(3) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the mixed uses required separately.
(4) Each thirty (30) inches of pew or bench space is considered one (1) seat.
(E) LOCATION AND IMPROVEMENT OF PARKING AREAS.
(1) All parking spaces required herein shall be located on the same site with the building or use served unless an Alternate Parking Plan is approved by the Village as to form and content and approved by the Commission/Board.
(2) All open parking areas in the Commercial Zone provided in compliance with this Section shall be surfaced with a durable surface consisting of concrete or bituminous material or of compacted gravel, soil, cement, or crushed stone as approved by the Planning Director.
(3) Parking spaces shall be a minimum of nine (9) feet in width by twenty (20) feet in length except for ADA designated spaces. Parking spaces may be reduced to eighteen (18) feet in length if there are parking bumpers installed that allow for a two (2) foot vehicle overhang. In no instance shall a vehicle overhang a parking bumper whereby pedestrian traffic will be impeded.
(4) Parking spaces shall be accessed by a twenty-four (24) foot wide aisle.
(5) Parallel parking spaces in front of commercial establishments on Fourth Street in the C-1 Zones shall not exceed one vehicle per twenty (20) lineal feet of Fourth Street frontage.
(F) OFF-STREET LOADING AND UNLOADING SPACES. Off-street loading and unloading spaces shall be required as determined by the Director and shall be so located that loading and unloading activity will not block or restrict a public way.
(G) PARKING FOR PHYSICALLY CHALLENGED MOTORISTS. For any nonresidential structure the required minimum number of parking spaces for persons with significant mobility limitations is as is required in the Uniform Traffic Ordinance (UTO) 12-9-10 or the latest revisions thereof, or §208 Parking Spaces of the ADA Accessibility Standards or the latest revisions thereof, whichever is more restrictive. Such space dimensions shall follow §502 Parking Spaces of the ADA Accessibility Standards or the latest revisions thereof. Such spaces shall also be:
(1) designated for use by the physically challenged by the international symbol of accessibility as required by §216.5 Parking, §502.6 Identification, and §703.7.2.1 International Symbol of Accessibility of the ADA Accessibility Standards or the latest revisions thereof;
(2) near or centrally located between related building entrances;
(3) so located that occupants of vehicles in these spaces can go to the related building:
(a) without going behind parked vehicles;
(b) along a path at least forty-two (42) inches wide or the ADA minimum, whichever is more restrictive; and
(c) unobstructed by bumpers, curbs, or other obstacles to wheelchairs.
(4) appropriately marked to indicate the location of the spaces either through parking bumpers, paint, or signs.
(H) SHARED PARKING. In the commercial zones (C-1, VC or Special Use Permits) shared parking may be permitted by the Planning Director, subject to the following:
(1) All shared parking facilities shall be located within a three hundred (300) foot radius measured from the property line.
(2) The applicant shall show there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared parking is proposed.
(3) Parties involved in the shared use of a parking facility or facilities shall show evidence of an agreement for such shared use and maintenance thereof by a proper legal instrument approved by the Village Attorney as to form and content.
(4) Any shared parking facility shall be provided with adequate signs on the premises indicating the availability of that facility for patrons of participating uses.
(5) Subsequent modifications to the structure or substantive change in tenant occupancy shall require review by the Planning Director for conformance to this Section and issuance of a Certificate of Compliance.
(6) The application shall include a site plan to show where additional parking will be provided in the event future parking is needed to meet future parking demand.
(7) Shared parking requests shall be approved by the Planning Director for two (2) or more different land uses located adjacent or in close proximity to one another.
The application shall be reviewed for safety and security of patrons and employees of the participating uses.
(A) PURPOSE AND INTENT. The purpose of this Section is to improve the appearance, quality and quantity of landscaping visible from public rights-of-way and adjacent properties. The emphasis is on buffer landscaping and landscaping adjacent to or visible from Fourth Street.
(B) APPLICABILITY. These regulations shall apply to the following:
(1) All buildings erected, parking lots constructed, or alterations in lot coverage exceeding twenty percent (20%) of the lot area occurring after October 27, 2003, in the VC and C-1 Zones.
(2) Expansion of existing commercial development in which the square footage of a structure, lot coverage, or parking area is increased by twenty percent (20%) or more.
(C) LANDSCAPING PLAN. The landscaping plan shall be submitted for approval by the Planning Director, Commission, or Board depending upon the type of permit being sought. The landscape plan shall include:
(1) a site map drawn to scale showing topography in the form of finished contour lines and areas proposed to be landscaped upon completion of the building construction project;
(2) common or botanical names of the plants to be used, indicating plant size, location, and spacing shown on the site map;
(3) the location, type, and size of any underground or overhead utility lines on the site with reference to the landscaped areas;
(4) type and layout of the irrigation system, if required, for landscaping areas indicating connections to the water supply source; and
(5) a stormwater drainage plan for the site shall be attached or referenced in accordance with § 9.2.25(E)(2)(e)3, Grading and Drainage Plan – NPDES Stormwater Management Plan.
(D) LANDSCAPING REGULATIONS. All landscaping created pursuant to these regulations shall be planned, designed, and installed in compliance with the following requirements:
(1) A minimum of fifteen percent (15%) of the unbuilt area shall be landscaped in a manner that will meet the intent of these Regulations. Corner lots or double fronted unbuilt area shall provide a minimum of twenty percent (20%) of the lot as landscaped area. Landscaping may consist of trees, shrubs, ground cover, or other low-growing plants, and may include natural or manufactured materials such as rocks, walls, pavement for walkways or patios, works of art, and outdoor furniture as long as such materials comprise no more than twenty-five percent (25%) of the total landscape area required. Siberian Elm, Tamarisk, and Russian Olive shall not be used in the landscape plan, and if existing on the lot, may not be included as part of the required trees or shrubs.
There shall be a landscape strip at least five (5) feet deep along Fourth Street, excluding driveways, except that in the VC Zone (where there is no building setback requirement) if the building is set back from the right-of-way the gap shall be landscaped up to five (5) feet.
Landscaping, in addition to natural vegetation, to meet the requirements of this Section shall be provided in the following minimum numbers, sizes, and growth capabilities:
(a) Trees.
1. There shall be a minimum of one shade tree or ornamental tree planted for each five hundred (500) square feet of required landscaped area.
2. Shade trees or ornamental trees shall be at least two (2) inches in caliper measured at the trunk two feet above grade or the tree shall be at least ten (10) to twelve (12) feet in height at the time of planting.
3. Siberian Elm trees, Tamarisk (Salt Cedar), and Russian Olive shall not be planted to meet the requirements of this Section.
(b) Groundcover. Groundcover shall be planted to provide general ground coverage within one growing season after planting.
(c) Shrubs and Bushes. Shrubs and bushes shall be at least five (5) gallon or larger container sizes.
(d) Vegetation that has thorns or spines is not allowed adjacent to the pedestrian walkway.
(2) Drought tolerant (xeriphytic) plantings and native New Mexican plants are encouraged in all landscaped designs.
(3) To the extent possible, healthy existing trees, excluding Siberian Elm, Tamarisk, and Russian Olive, and shrubs shall be preserved, especially if drought tolerant, and incorporated into the landscaped area.
(4) Trees shall be planted as a landscape border along all abutting roadways and shall be planted as an interior landscape border within vehicle parking areas. Trees shall be no greater than thirty (30) feet on center along the public right-of-way except when access to the subject site is required by the Village Engineer.
(5) Vegetation may be used to satisfy a screen requirement in accordance with the Village Zoning Code to separate the land use on the commercial development site from an abutting residential land use.
(6) Landscaping shall not create a physical or visual obstruction to vehicular traffic whether on or off public rights-of-way. Street trees shall meet the clear sight triangle requirements for all access points onto a public right-of-way.
(7) Placement of new trees shall avoid locations where future tree growth might interfere with the utility lines or cause structural upheaval of pavements or buildings.
(8) All landscape areas shall make use of stormwater catchment and retention on site for purposes of flood control, water pollution abatement, prevention of soil erosion, and increased soil moisture for vegetation. On-site stormwater retention structures shall be designed to ensure public health and safety during and following storms. Landscaping shall be installed according to plans approved by the Planning Director, Commission, or Board and shall be completed within one growing season after issuance of a certificate of occupancy by the Planning Director.
(9) Any damage to the utility lines resulting from the negligence of the property owner, his agents or employees in the installation and maintenance of the landscaped treatment shall be the responsibility of such land owner.
(E) BUFFER LANDSCAPING REQUIREMENTS. The purpose of the landscape buffer shall be to minimize noise, light and sight impact of the non-residential activities upon the residential area(s).
(1) Where any parcel is wholly or partially zoned C-1, VC or issued a Special Permit for non-residential uses that abuts residentially zoned property, buffer landscaping shall be provided. The purpose of such a buffer shall be to minimize noise, light, and sight impact of the non-residential activities upon the residential area(s).
(2) Standard buffer landscaping may be a landscaping strip at least fifteen (15) feet wide located along the boundary between residential use and non-residential use.
(3) The Planning Director may approve an alternative landscaping if he finds that:
(a) noise, light, and sight buffering of the residential zone can be accomplished at least as well with the alternate plan;
(b) the alternate landscaping plan allows better use and functioning of the non-residential premises;
(c) the alternate landscaping plan does not result in less landscaped area than would have been required with the standard buffer landscaping;
(d) there is a solid wall or fence at least six (6) feet in height along all residential/non-residential boundaries that do not have the standard buffer landscaping;
(e) the alternate plan meets or exceeds the existing regulations in conforming to goals of the Village Master Plan; and
(f) alternate landscaping plans will be viewed favorably if open space is provided and existing cottonwood trees are preserved.
(4) Standard buffer landscaping shall consist primarily of trees with a minimum caliper of two (2) inches at planting or shrubs which grow at least fifteen (15) feet within eight (8) years of planting. Normally, the trees or shrubs in the landscaping strip shall be evergreen and form a largely opaque screen.
(5) The installation of standard buffer landscaping shall not eliminate the requirement for a six (6) foot fence or wall if parking is adjacent to such landscaping.
(F) MAINTENANCE STANDARDS. All landscaping installed in compliance with these regulations shall be maintained by the property owner according to the following maintenance standards:
(1) Any plant material in areas of required new landscaping that does not survive shall be replaced with an equivalent size and species of plant within three (3) months of notification by the Planning Director.
(2) Plants shall be pruned as necessary to control size or shape, but not to endanger its health, in order to prevent visual and physical obstructions to pedestrians or vehicles.
(3) Regular landscaping maintenance shall ensure water efficiency and include, but not be limited to, pruning, mulching, weeding, litter, and dead plant removal, fertilizing, insect and disease control, and improvements or repair of nonvegetative materials.
(4) Modifications to landscaping will require review and approval of a revised landscape plan by the Planning Director.
(5) Irrigation systems will be maintained and replaced as necessary to minimize loss of water due to leaks or inefficient use of water.
(6) All landscaping shall be completed within twelve (12) months of approval and must be maintained.
(7) A landscape maintenance plan designed to implement the above requirements shall be required in all site development plans. Failure to adhere to the maintenance plan at any time shall be considered a violation of this Section.
(A) PURPOSE AND INTENT. It is the purpose of this Section to maximize the preservation of the "valley" character of the Village and to minimize light pollution for the enjoyment of the citizens of the Village by:
(1) using fixtures with good optical control to distribute light in the most effective and efficient manner;
(2) using minimum amount of light to meet the lighting criteria;
(3) using shielded outdoor light fixtures where required and wherever else feasible;
(4) assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates; and
(5) requiring that certain outdoor light fixtures be turned off between 11:00 p.m. and sunrise per § 9.2.20(B)(1)(f).
(B) GENERAL REQUIREMENTS.
(1) Outdoor light fixtures installed and maintained upon private property within commercial or residential zones shall comply with the following:
(a) Outdoor light fixtures shall be shielded such that light rays emitted by the fixture are projected at 45° from a point on fixture where light is emitted.
(b) Where used for security purposes, or to illuminate walkways, roadways, equipment yards and parking lots, only shielded outdoor light fixtures shall be utilized.
(c) Where used for on or off premise signs or for decorative effects or recreational facilities such as for building, landscape or ball field illumination, the outdoor light fixtures shall be equipped with automatic timing devices, be shielded and or focused to minimize light pollution.
(d) Outdoor fixtures shall be required to have all light focused downward.
(e) Outdoor light fixtures shall be limited to fifteen (15) feet in height.
(f) All outdoor light fixtures existing or hereafter installed and maintained upon private property within commercial or residential zones shall be turned off between 11:00 p.m. and sunrise except when permitted by the Director of Planning and Zoning. A permit will be issued if, in the opinion of the Director of Planning and Zoning:
1. the applicant can demonstrate that a legitimate threat to property or public safety would exist without continuous lighting;
2. the proposed recreational use is nonrecurring; and
3. the lighting is in all other ways in conformance with this Section.
(2) All illuminated on-premise signs for advertising purposes shall be turned off between 11:00 p.m. and sunrise except that on-premise signs may be illuminated while the business facility on the premises is open to the public.
(3) All outdoor light fixtures shall be installed in conformity with all other applicable provisions of the Village 2013 Codified Ordinances.
(4) Lighting exterior to the structures shall be shielded in such a manner as to confine emitted light within the boundary of the property from which it originated.
(5) All non-conforming residential outdoor lighting installed prior to the October 27, 2003 shall be altered or replaced in order to conform within two (2) years.
(6) All non-conforming commercial outdoor lighting installed prior to the October 27, 2003 shall be altered or replaced in order to conform within two (2) years.
(C) PROHIBITED LIGHTING.
(1) Street lighting in residential areas is prohibited.
(2) Rotating, flashing, moving or stationary beacons of light used for advertising purposes or public events are prohibited.
FIGURE 1: Street and Lot Light Cut-Off at Property Line
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-953.png)
FIGURE 2: Free-Standing Lights
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-955.png)
FIGURE 3: Off-Wall, Building, Foliage, Sign, and Escarpment Lights
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-957.png)
FIGURE 4: Acceptable Shielding, Hooding, and Aiming of Outdoor Wall-Mounted Light Fixtures
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-959.png)
(A) PURPOSE AND INTENT. The purpose of this Section is to beautify Fourth Street by creating a consistency of style.
(B) GENERAL REGULATIONS.
(1) All buildings in the C-1 Zone constructed after October 27, 2003 shall incorporate one of the following architectural styles: Northern New Mexico, Spanish Colonial, Pueblo Revival, Territorial, Mission/Mediterranean, and “Ranch,” and combinations thereof.
Figures 20-1 through 20-6 present pictorial examples of these styles. The pictorial examples along with the following text are intended as guidelines.
(a) Spanish Colonial. Flat roofed with low rounded parapets. Material is block adobe with stucco or mud plaster. Usually has only an outside door to each room and few very small windows. Wood details include projecting vigas, canales, portales (often on inside courtyards or a short portal within a “C” shaped building). The portales are built of plain log posts and simple carved zapatas or corbels.
(b) Pueblo Revival. Based on, and a combination of, early New Mexican pueblos and Spanish buildings; flat roofed with rounded parapets (sometimes embellished with a real or false bell tower); earth-toned batter (sloping walls; one to three stories in height, with upper stories usually set back; portales have log posts, wood beams, and zapatas or corbels. Details also include projecting vigas, canales, and exposed wood lintels above the windows. Pueblo Revival structures usually have little ornamentation.
(c) Territorial. Flat-roofed, sometimes with brick coping edging the parapet; multi-paned windows, and sometimes shutters; main entries feature sidelights and a top light. Details include pedimented lintels over windows and doors, and portales with squared, often chamfered, posts without corbels.
(d) Northern New Mexico. Also called Western Victorian. Pitched or hipped (often of raised ridge metal roofs with a slope of 45 degrees) roof bungalows or cottages with wide unenclosed (rafters exposed) eave overhang and wood plank gable; earth-toned adobe or stucco façade, sometimes frame or brick, clapboard or stone; 2/2 or 1/1 sash windows, sometimes Greek Revival style pedimented windows. Details include porches with deep portales, decorative woodwork, and posts and corbels.
(e) Mission/Mediterranean. Red tiled roofs and white plaster walls.
(f) “Ranch.” Western Rustic, single story, bunkhouse style.
(2) Materials. Materials should be appropriate for the architectural style. Materials such as aluminum siding, metal panels, mirrored glass, and unstuccoed masonry units or concrete are not allowed.
(3) Roof-Mounted Equipment. Roof-mounted mechanical, electrical, telephone or solar equipment shall be architecturally screened with opaque materials, for example, by raising the parapet, and shall be of a low profile to minimize the screening problems. Roof-mounted mechanical, electrical, telephone or solar equipment shall not be visible from the street level.
(4) Mobile, Pre-Fabricated, Modular, or Manufactured Homes or Structures. Mobile homes, prefabricated, modular and/or manufactured homes or buildings are not permitted in the C-1 or VC Zones for commercial use. However, except for mobile homes, buildings of any form of construction meeting the Uniform Building Code are allowed, providing that facades are provided on all sides giving the building the appearance of any permitted style.
(5) Dumpsters or other receptacles for solid waste or trash shall be at the rear, outside of view from Fourth Street.
(C) VILLAGE CENTER ZONE. Commercial Buildings located in the Village Center Zone shall be compatible with the foregoing general design guidelines and also comply with more detailed design guidelines yet to be developed by an architecture/urban planning consultant.
Figure 21-1. Examples of Spanish/Colonial/Pueblo Revival Style.
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-961.png)
Spanish colonial. Flat roofed with ow rounded parapets. Material is block adobe with stucco or mud plaster. Usually has only an outside door to each room and a few very small windows. Wood details include projecting vegas, portales (often on inside courtyards or a short portal with a "C" shaped building). The portales are built of plain log posts and simple carved zapatas or corbles.
Figure 21-2. Example of Territorial Style.
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-963.png)
Territorial. Flat roofed, sometimes with brick coping edging the parapet; multi-paned windows, and sometimes shutters; main entries feature sidelights and a top light. Details include pedimented lintels over windows and door, and portales with squared, often chambered, posts without corbels.
Figure 21-3. Examples of Northern New Mexico Style.
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-965.png)
Northern New Mexico Style. Steep pitched, generally tin roof with dormer windows. Usually two stories. Wood or stucco walls. Also called Western Victorian. Pitched or hipped (often of raised ridge metal roofs with a slope of 45 degrees) roof bungalows or cottages with wide unenclosed (rafters exposed) eave overhang and wood plank gable; earth-toned adobe or stucco facade, sometimes frame or brick, clapboard or stone; 2/2 or 1/1 sash with deep portales, decorative woodwork, and posts and corbels.
Figure 21-4. Examples of Mission/Mediterranean Style.
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-967.png)
Mission/Mediterranean. Tiled roofs with stucco/stone facade walls. Arched porticos or walkways. Multi-paned and/or one large window surrounded by smaller panes. One or more tower features.
Figure 21-5. Examples of “Ranch” Style.
![](https://export.amlegal.com/media/71f15c0559b4e306cec8342e3c6ff0cf28a0bd33/IMAGES/0-0-0-969.png)
Ranch. Western rustic, single story, bunkhouse style. Small, vertical windows, usually multi-paned.
Figure 21-6. Examples of Combined Styles. (Reserved)
(A) DEFINITIONS.
(1) SIGN means any device used for visual communication or display to public view of letters, words, numerals, figures, statutes, devices, emblems, pictures or any parts or combinations thereof designated to inform or advertise or promote merchandise, services, activities, or politically related information except for the following:
(a) Signs required by law or signs of a duly-constituted governmental body.
(b) Signs placed by a public utility for the safety, welfare, or convenience of the public.
(c) Temporary Holiday Decorations.
(d) Any item of merchandise normally displayed within a show window of a business.
(e) Non-illuminated names of building, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal or any other permanent type construction and made an integral part of a permitted structure or made flush to the ground.
(f) Indoor signs not intended to be read from outside.
(2) BILLBOARD is a board, panel, or tablet used for the display of posters, painted or printed advertising matter, either illuminated or non-illuminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere other than the premises where the sign is located. A sign that directs attention to a business, commodity, services or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(3) BUILDING-MOUNTED SIGN is a sign entirely supported by or through a building; this category shall include canopy, roof and wall signs.
(4) CLEAR SIGHT TRIANGLE is the area formed by a line measured from the corner of the property back twenty-five feet (25’) along each right-of-way, and connected by a line drawn between them to form a triangle.
(5) CODE ENFORCEMENT OFFICER is the officer and other designated authority charged with the administration and enforcement of this Section. A code enforcement official shall be a Village employee authorized by the Mayor.
(6) DIRECTOR is the Director of the Planning and Zoning Department of the Village of Los Ranchos.
(7) FREE-STANDING SIGN is a sign attached to or supported from the ground and not attached to a building; signs on walls or fences which are not an integral part of a building are FREE-STANDING SIGNS.
(8) GRAPHIC SHAPE SIGNS are signs which incorporate a logo.
(9) HOME OCCUPATION SIGNS are signs permitted to a business holding a valid home occupation permit (non-deminimis) granted by the Village of Los Ranchos.
(10) MULTI-TENANT SIGN is a single structure or composite sign containing information regarding multiple businesses on a single premise.
(11) MURAL is an artistic expression painted or similarly created on exterior wall surface which does not incorporate words or letters, and which does not advertise a business, product or service provided on or off the premises.
(12) NEON TUBING is electric discharge tubing manufactured in shapes that form letters, parts of letters, skeleton tubing, outline lighting, other decorative elements, or art forms, and filled with various inert gases.
(13) NONCOMMERCIAL MESSAGES are those messages not related to a commercial advertising sign. Whenever commercial speech would be permitted, noncommercial speech will be allowed.
(14) OFF-PREMISE SIGN is a sign whose content does not refer to a business or merchant doing business on the premises where the sign is displayed.
(15) ON-PREMISE SIGN is a sign whose contents relate to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease or construction of those premises.
(16) PAINTED WALL SIGN is any sign which is applied with paint or similar substance on the surface of a wall, which incorporates graphic devices including letters or words, and which advertises a business, product or service. A painted wall sign is a building mounted sign and must meet all regulatory requirements of a building mounted sign.
(17) PENNANT is any plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, often in a series, and designed to move in the wind.
(18) POLITICAL CAMPAIGN SIGN is a sign, which indicates an individual, party or issue that will be placed on the federal, state or local election ballot in the subject calendar year.
(19) PORTABLE SIGN is any sign designed to be moved easily and not permanently affixed to the ground, or to a structure or building.
(20) SANDWICH BOARD SIGN is an A-frame sign which is not permanently affixed to a structure or to the ground, and which does not exceed twelve (12) square feet in area on each of the two sign faces.
(21) SIGN FACE is the area of a sign made available by the sign structure for the purpose of displaying the advertising message.
(22) SIGNATURE SIGN is a sign built in the shape of an object or graphic and used to convey a message.
(23) SNIPE SIGN is a temporary sign affixed to trees, fences, utility poles, street furniture or any other device or structure in the public right-of-way.
(24) TEMPORARY SIGN is any sign, banner, pennant, valance or advertising display intended for display for a limited period of time only and not permanently mounted.
(B) PROHIBITED SIGNS. The following signs are prohibited and shall be removed or brought into conformance with § 9.2.22, Signs:
(1) Signs which contribute to confusion of traffic control or resemble traffic control lighting; unauthorized signs, signals, markings or devices which purport to be or are imitations of official traffic control devices or railroad signs or signals; or signs which obstruct the visibility of or interfere with the effectiveness of any official traffic control devices or any railroad signs or signals.
(2) Rotating, flashing or oscillating or still beacons of light and any lights that violate the Dark Skies provisions, § 9.2.20.
(3) Electronic message boards with moving messages.
(4) Portable metal frame signs, illuminated or non-illuminated, mounted on wheels or not, whether or not affixed by chains or otherwise made to appear to be permanent to a site.
(a) Portable signs existing at the time of May 19, 2008 are Grandfathered only as long as the sign remains on the original premises and is not relocated.
(b) Sandwich boards unless already permitted before May 19, 2008.
(5) Signs with Audible Devices.
(6) Signs on the public right-of-way; except for name and address signs on mailboxes.
(7) Any signs on the public right-of-way that impede pedestrian access.
(8) Off-premises signs.
(9) Signs in clear sight triangle at a roadway or driveway intersection.
(10) Abandoned signs, signs in disrepair and signs that advertise businesses or services that are no longer in operation or available.
(11) Billboards not already existing.
(12) Banner-type signs:
(a) Banners advertising alcoholic beverages;
(b) Real Estate banners;
(c) “Deal” banners (lower interest rates, special sales events);
(d) Any banner not meeting the criteria of § 9.2.22(I).
(13) Pendants on wires or ropes.
(14) Snipe signs for more than three (3) days, except those signs advertising lost pets.
(15) Advertisement signs for residential development other than one (1) sign for general contractor with parcel permit.
(C) BILLBOARDS.
(1) All existing billboards and portable signs will be removed from the Village by March 31, 2011.
(2) No new billboards will be permitted under this Section.
(D) GENERAL REGULATIONS.
(1) All permanent and temporary signs require a sign permit from the Village.
(2) A sign shall not be erected, re-erected, constructed or altered except as provided for in this Section and after a permit for same has been issued by the Village.
(3) Application for sign permit shall be made in writing upon forms furnished by the Village.
(a) Plans or other pertinent information necessary to construction of the sign, including location by elevation drawing, dimensions, graphic reproduction must be submitted with the sign application.
(4) A separate permit shall be required for a sign or signs for each registered business entity.
(5) A permit shall be required by each tenant with signage on a single freestanding multi-tenant sign for multi-tenant buildings or structures.
(6) A sign permit shall lapse if the business license for the premises lapses or is revoked, or is not renewed.
(a) A sign permit shall lapse if the business activity on the premises is discontinued for a period of one hundred eighty (180) days or more.
(7) New tenants in a premises with an existing free standing sign are required to obtain sign permits per (1) through (5).
(8) All permanent free-standing signs require a building permit from the Village and must meet all applicable State electrical, and mechanical codes and the Village of Los Ranchos Municipal building codes.
(a) A new sign permit is not required for the maintenance or repair of an existing conforming sign. Maintenance and repair includes re-facing and repainting of existing signs provided neither the size nor structure of the sign is changed.
(b) Modifications, excluding repairs, to nonconforming signs are prohibited unless the signs are brought into conformance in accordance with this Section.
(9) Sign permits for signs that meet the requirements of the general regulations and do not require variance or other special approvals may be approved by the designated Planning and Zoning Official.
(10) Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.
(E) COMMERCIAL SIGN SIZE AND SPECIFICATIONS.
(1) All individual commercial free-standing signs shall have a maximum of forty (40) square feet on each of a maximum of two (2) sides.
(a) For individual businesses with free-standing signs, a maximum of twenty (20) square feet is allowed for building mounted signage.
(2) Multi-tenant signs, identifying all businesses located on one (1) premise or in one (1) building or cluster of buildings are allowed a maximum of fifty (50) square feet of printed area. Maximum overall sign shall not exceed sixty five (65) square feet.
(a) The perimeter of measurable area includes all embellishments such as pole covers, framing, decorative roofing, support structures or decorative bases including planters. There shall be no written advertising copy on said area, except the name of the complex at the top.
(b) Each business, located within the complex, is allowed twenty (20) square feet of building mounted sign.
(3) Larger signs may be approved by the Planning and Zoning Commission for large buildings and large developments through a site development review and application approval process, if in scale with the size of the building, or distance from the roadway.
(a) For businesses facing directly on a major street and not in shopping centers or complexes, for every linear foot of distance that a buildingmounted sign is set back from the nearest street right-of-way line, an increase of one (1) square foot of sign area may be permitted, provided, no sign shall be increased to exceed five percent (5%) of the total area on the side of the building where it is mounted.
(4) For Shopping Centers or complexes where § 9.2.22(E)(3)(a) does not apply due to pre-existing buildings and the nearest street right-of-way is in excess of fifty (50) feet, the designated zoning official may approve appropriately scaled signage after taking into consideration the distance from the street and other, existing signage within the complex.
(5) The maximum area allowed for signs shall include any signs painted on windows or other surfaces of the property.
(6) Co-op businesses at a single premise, such as those selling antiques, are considered as one (1) business regarding sign regulations.
(7) If a property is bordered by more than one (1) roadway, it may have one (1) building-mounted sign on each side facing a roadway, but only one free-standing sign.
(8) Measurement of signs:
(a) The area of each sign face on a sign shall be measured as a rectilinear line of not more than eight (8) sides, drawn around and enclosing the perimeter of each printed advertising or information area.
(b) The area shall then be summed and totaled to determine the total area.
(9) Only those sandwich board signs with existing approved permits at the time of May 19, 2008 shall be allowed and shall be displayed only during the hours of operation of the business.
(10) Signs upon a vehicle are permitted, provided that any such vehicle with a sign is not conspicuously parked by a roadway so that it constitutes advertising in and of itself; such vehicles may be used for bona fide delivery and other vehicular purposes.
(F) HEIGHT.
(1) Maximum height placement of an attached sign shall not exceed the maximum building height for the zone area, nor shall it exceed a maximum of five (5) feet above the parapet of the building.
(2) A free-standing sign shall not exceed twenty (20) feet in height from the elevation of the edge of roadway closest to the base of the sign.
(3) Free-standing signs shall be placed a minimum of six (6) feet away from any driveway or side street.
(a) Free standing sign posts shall not exceed 6x6 (or larger if structurally required) wood square or metal round of equivalent size.
(4) The bottom of a free-standing sign located closer than fifteen (15) feet to the road right-of-way shall be no less than eight (8) feet above ground level to maintain the clear site triangle.
(G) DESIGN.
(1) Signs shall reflect and be compatible with the architecture and scale of the building or structure of the business.
(2) Permanent signs which are designed for the use of changeable letters or message boards as part of the overall design are allowed.
(3) Signs which use a shape design to indicate the type of merchandise or service provided in commercial establishment are allowed and will be given considerations regarding size. Examples include the Chase Hardware Store hammer, Dan’s Boots and Saddles black horse, and the Green Valley Meats pig.
(H) LIGHTING.
(1) Signs may be illuminated by ground or structure mounted fixtures that are shielded in such a manner that there is no illumination beyond the sign face.
(2) All signs must meet the Dark Skies provisions, § 9.2.20.
(3) There shall be no light fixture mounted in such a manner as to have the lens exposed to vehicular traffic or pedestrians.
(4) No portion of an illuminated sign shall exceed a luminance of two hundred (200) foot lamberts at night if such sign is located within fifty (50) feet of a residential zone.
(5) No sign nor part of a sign shall move, flash or rotate.
(6) No sign nor part of a sign shall change its illumination more than once an hour.
(7) Time and temperature signs may be permitted by the Village through the Site Plan Approval process.
(8) Such digital reader boards permitted by the Village may not contain any moving graphics, may not vary in intensity and may not change displayed information more than once every twenty (20) seconds.
(I) BANNERS.
(1) All banners must obtain a sign permit from the Village of Los Ranchos.
(2) Permissible banners:
(a) Apartment buildings with rental units are permitted one 20 square foot banner per building advertising for rent.
(b) Multi-unit commercial complexes are permitted one 20 square foot banner per building advertising for rent, to be removed immediately upon rental of unit.
(c) Grand opening (coming soon, etc.) banners, with permit, are permissible thirty (30) days prior to opening, but must then be replaced with permanent signage with permit.
(d) Seasonal banners are permitted for thirty (3o) days duration during the month of the holiday or event. (Christmas, Chili Season, Balloon Fiesta, etc.) with permit.
(e) An application for specialty banners may be made to the Planning and Zoning Commission, which will consider approval in view of lot size, distance from street, height, number and dimensions of banners requested, purpose, neighborhood congestion, and over all aesthetics.
(J) OTHER SIGNS.
(1) Signs, twelve (12) square feet or less in area, advertising agricultural products on the premises where grown, or agricultural services on the premises where provided, and limited to one (1) sign per premise are permitted.
(2) A residential premise may have one temporary sign advertising a garage, yard or estate sale of six (6) square feet, on each of two (2) sides, for a maximum of three (3) days per sale, no more than once per month, with no permit required.
(3) Subdivision signs shall be approved at the time of subdivision approval and shall be part of the Site Development Plan for the subdivision.
(K) POLITICAL CAMPAIGN SIGNS.
The purpose of this Ordinance is to promote the free flow of ideas and candidates related to political campaigns for the education and benefit of the residents of the Village and the candidates. The Village finds a compelling public interest of informed participation in the democratic political process justifies diverse treatment of political campaign signs which may not be available for other signage. Implementing this purpose justifies the allowing of signs in the public rights-of-way of major streets that may not be allowed under other provisions of the Codified Ordinances. The Village further finds that it is not in the best interest of the residents of the Village for any signage to be allowed which interferes with a clear sight triangle at all intersections including intersections with private streets, or blocks any pedestrian or bicycle path, or blocks any directional or traffic safety signs or signals and that it is unsightly, detrimental to the aesthetics of the community and a nuisance for political campaign signs to be left for an extended period of time after the event for which they were posted has occurred.
The following standards and provisions are hereby declared to be applicable to political campaign signs.
(1) All political campaign signs require a sign permit from the Village. Only one (1) permit will be required for each candidate, regardless of the number of signs placed. Permits will be issued at no cost. The application for the permit must include the contact information for the individual or organization responsible for the signs.
(2) Political campaign signs will be allowed on private residentially zoned property under the following conditions:
(a) All signage must observe the clear sight triangle for traffic safety and shall not block any traffic lane, pedestrian or bicycle path or lane, and shall not block or interfere with any directional or traffic safety signs or signals.
(b) All signs meet the standards and requirements for signs other than political campaign signs on residentially zoned property.
(c) The person or committee listed in the application for the sign shall be responsible for removal of the sign after the election. If the sign(s) is (are) not removed within fifteen (15) days after the election is held the Village may remove the sign(s) and the party listed in the application or the candidate will be responsible for the cost associated with removal.
(3) Political campaign signs will be allowed on the public rights-of-way only on Rio Grande Boulevard, El Pueblo Road, Ranchitos Road, Chavez Road, Osuna and Fourth Street. Signs permitted pursuant to this section shall at no time impair line of sight for vehicular traffic or be placed so as to impair travel on any traffic lane or block any pedestrian or bicycle lane and shall not block or interfere with any directional or traffic safety signs or signals. Signs in the public rights-of-way must be removed in accordance with the provisions of paragraph (2) (c) above.
(4) Political campaign signs on commercially zoned property must comply with the size standards and other requirements for nonpolitical campaign signs in the location at which the sign will be placed.
(5) All political campaign signs must comply with all statutes and regulations adopted by the state of New Mexico.
(L) REAL ESTATE SIGNS.
(1) All realtors listing property for sale in the Village must obtain a Parcel Permit in accordance with § 9.3.3, Application for Permit to Sell, Construct and/or Remodel Real Estate in the Village Limits.
(2) A commercial lot or building may have one temporary sign of twelve (12) square feet on each of two sides indicating availability of such lot or building for sale or lease.
(3) A family dwelling, non-commercial lot or building, or a residential lot or building may have one (1) temporary sign of eight (8) square feet indicating availability for sale or lease on the property.
(a) One off-premise real estate sale sign may be placed on property not offered for sale, with the permission of the property owner, or in the public right-of-way, for any sale properties which have frontage only on dead end streets.
(b) Real estate “Open House” signs may be placed by real estate agents or homeowners at the intersections of public rights-of-way one hour before opening and may remain in place until one hour following the closing.
(M) CONSTRUCTION SIGNS.
(1) On premises under construction on commercially zoned property, one (1) single faced sign shall be permitted for the prime licensed building contractor. Parcel Permits are required per § 9.3.3, Application for Permit to Sell, Construct and/or Remodel Real Estate in the Village Limits.
(2) On premises under construction on commercially zoned property, one (1) single faced sign, in addition to prime contractor’s sign, may list sub-contractors, lending institutions, etc.
(a) Each sign’s area not to exceed twelve (12) square feet.
(b) Such sign shall be confined to the site of the construction, and shall be removed within fourteen (14) days after the beginning of the intended use of the project or the issuance of the certificate of occupancy, whichever is earlier.
(c) Such signs must be placed to abide by the building setback limits of the lot on which construction is taking place.
(3) Construction projects on residentially zoned property may display one (1) single faced sign with a maximum area of eight (8) square feet per legally defined parcel for primary contractor.
(N) EXEMPTIONS.
(1) Notwithstanding any part of this Section, all free-standing permitted signs as they existed on May 19, 2008 are exempt from restrictions contained herein until such signs change.
(a) Legal signs include those otherwise nonconforming signs that have been previously permitted by the Village.
(O) CONFORMANCE.
(1) Except as provided herein, the owner of any lot or premise on which exists a sign that does not conform with the requirements of this Section and for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this Section and obtain a valid sign permit.
(a) For any sign on property annexed, applications for sign permits shall be submitted within six (6) months of the effective date of the annexation or within such period as may be established in an annexation agreement between the Village and the landowners.
(b) Signs that are the subject of applications received after May 19, 2008 shall be subject to all of the terms and conditions of § 9.2.22(D).
(P) GENERAL PROVISION FOR UPKEEP AND MAINTENANCE OF SIGNS.
(1) Any sign which has fallen into disrepair or is in a deteriorated state must be repaired, repainted, re-surfaced or otherwise brought out of its deteriorated and unsightly condition.
(2) The business and property owner will be notified in writing stating that the sign is deteriorated or in disrepair and given thirty (30) days in which to address the problem.
(3) Should the situation not be remedied within the thirty (30) day period, the Village designated official shall proceed with a Code Enforcement Case according to § 9.2.24 Implementation, Enforcement and Penalties.
(Q) VARIANCE. Variances from the terms of this Section may be considered by the Planning and Zoning Commission.
(R) APPROVAL. Sign permits for signs that meet the requirements of the general regulations and do not require variance or other special approvals may be approved by the designated Planning and Zoning Official.
(S) FEES. Fees for applications and permitting of signs shall be as established by resolution of the Board of Trustees of the Village of Los Ranchos de Albuquerque.
(T) ENFORCEMENT.
(1) The provisions of this Section shall be enforced by such persons who are appointed by the Mayor as zoning enforcement officers. Such persons shall be employees of the Village and shall have the power to issue citations for the violation of this Section. Such citations shall be heard by the Village of Los Ranchos municipal court.
(2) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done contrary to or in violation of the provisions of this Section.
(3) Any person, firm or corporation violating any provision of this Section shall be fined not less than fifty dollars ($50), nor more than five hundred dollars ($500) for each offense.
(4) A separate offense shall be deemed committed on each day during on or which a violation occurs or continues after ten (10) days of notice of violation from the Village.
(5) Erection or placement of a sign without a sign permit from the Village will be charged double fee for the permit when applied for or one hundred dollars ($100.00), whichever is less, if applied for within ten (10) days of notification by the Village. If no sign permit has been obtained within ten (10) days, then provisions 1-4 apply.
(6) The Planning and Zoning Director or his/her designee may revoke a sign permit if:
(a) an error was made by staff in issuing the sign permit;
(b) the information provided by the applicant was misleading or untrue; or
(c) the sign erected differs from or does not meet the specifications authorized by the sign permit.
(U) AUTHORITY. The Planning Director or designee is hereby given the authority to interpret and implement the zoning code for the Village.
(V) SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase, or part hereof is for reason declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be affected since it is the expressed intent of the Board to pass each section, subsection, paragraph, clause, phrase and every part thereof separately and independently of every other part.
(W) EFFECTIVE DATE, REPEAL, AND PUBLICATION. This Section shall take effect and be in full force May 19, 2008.
(A) PURPOSE AND INTENT. The purpose of this Section is to provide interpretation and relief to land use issues that were created and maintained legally prior to October 27, 2003.
(B) LAND USE. The lawful use of land existing at the time the applicable Zoning Code became effective, and such use did not conform, may be continued provided no physical enlargement or addition to such use is made.
(C) BUILDINGS. The lawful use of buildings existing at the time the applicable Zoning Code became effective, and such building did not conform with respect to the development regulations, may be continued provided any enlargements, additions or alterations to such building will not increase its degree of nonconformity and will conform in every respect with the development regulations of the zone in which the building is located, except as hereinafter provided by zone variance.
(D) GENERAL REGULATIONS.
(1) A discontinuance of a non-conforming use for a continuous period of one hundred eighty (180) days shall be deemed to constitute abandonment of any nonconforming rights existing at the time of the enactment of the Ordinance. Suspension of business operations on a non-conforming use for the purpose of performing required repairs or maintenance shall not constitute abandonment provided such operations resume within three hundred sixty (360) days.
(2) Any change from a non-conforming use of land or buildings to a more restrictive or conforming use shall constitute abandonment of such non-conforming rights.
(3) Repairs, maintenance, and alterations which do not increase the degree of nonconformity of a non-conforming building, structure or improvement, nor increase the size or degree of nonconformity of a use, shall be made.
(4) If any non-conforming building or use be destroyed to the extent of fifty percent (50%) or more of the fair market value, according to the assessment thereof by the County Assessor, for the fiscal year during which the destruction occurs, then and without further action by the Village, the said building and use of the land on which said building was located or maintained shall from and after the date of such destruction shall cease the non-conforming use and the property shall be subject to all the regulations specified by the Zoning Code for the district in which the said building was located.
(5) If a property, that has a non-conforming use which abuts Fourth Street, adds landscaping, signs, lighting, or other types of accessory uses in conformance with Village regulations and this Section, those improvements shall not be deemed an expansion of the use.
(6) If an investigation by the Village reveals that a particular property contains a legal, non-conforming use or structure, a “Notice of Non-conforming Rights,” may be recorded with the County of Bernalillo. This notice is designed to provide constructive notice to any successors in interest that non-conforming rights as to the property or structure existed at the time of the recordation of the notice. Nothing in this notice shall permit the continuation of a non-conforming use or structure that was subsequently expanded, enlarged, abandoned or destroyed which extinguishes the previous non-conforming right.
(7) If a subsequent investigation reveals that a previous non-conforming right as to the property’s use or structure has been vacated or abandoned, a cancellation of the Notice of Non-conforming Rights shall be recorded by the Village with the County of Bernalillo.
(E) NON-CONFORMING USES AND STRUCTURES EXEMPTION.
(1) The following are prohibited:
(a) Changes of non-conforming uses to other non-conforming uses, except where the Planning and Zoning Commission finds the new nonconforming use will have no greater adverse impact on surrounding property or resources;
(b) Extension or enlargement of non-conforming uses or nonconforming structures and the construction of new non-conforming accessory structures, unless the Planning and Zoning Commission finds that such extension, enlargement or new accessory structures will not adversely affect surrounding properties and resources. New non-conforming accessory structures shall be allowed provided there is no alternative which is 1) suitable for the construction of such accessory structure and 2) reasonably available to the applicant such that the accessory structure may be constructed so as to conform to applicable regulations;
(c) Resumption of non-conforming uses if such use is discontinued or abandoned for a period of a maximum of one hundred eighty (180) days;
(d) Changes of conforming uses to other similar, conforming uses which involve the utilization of principal structures which have been in existence for five (5) years or more, and which are or will be non-conforming, except where the Planning and Zoning Commission finds the new conforming use will not adversely impact surrounding uses and resources. The Planning and Zoning Commission shall not approve such proposed changes in use where it finds that the intent of such proposals is to avoid the objectives of the statutes or regulations administered by the Village;
(e) Extension or enlargement of conforming uses which involve the utilization of non-conforming structures and the construction of new nonconforming accessory structures, unless the Planning and Zoning Commission finds that such extension, enlargement or new accessory structures will not adversely affect surrounding property and resources. New non-conforming accessory structures shall only be allowed provided there is no alternative site, which is 1) suitable for the construction of such accessory structure and 2) reasonably available to the applicant such that the accessory structure may be constructed so as to conform to applicable regulations.
(2) Any use that was granted after the adoption of this Code shall not be deemed a non-conforming use, but shall be deemed a conforming use in such a district.
(3) Any legally existing non-conforming dwelling unit may be reconstructed if damaged or destroyed, regardless of cause, if reconstructed within a period of two (2) years from the date of such damage or destruction.
(4) Expansions of legally existing non-conforming dwelling units, including but not limited to additional stories, rooms, porches and garages unless the height, setback, lot coverage and parking regulations are met.
(5) Reconstruction and expansion of legally existing non-conforming dwelling units shall comply with the provisions of the governing zone.
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