A. Permitted Uses: Permitted uses may be proposed anywhere within a sub-district in which they are allowed pursuant to the permitted use matrix (Exhibit 8.1). Land uses not explicitly listed herein are not permitted uses.
Exhibit 8.1: Permitted Use Matrix
Permitted Use | Residential Zones | Commercial Zones | |||
STR-1 | STR-2 | MU-NC | MU-MSC | MU-CC | |
Permitted Use | Residential Zones | Commercial Zones | |||
STR-1 | STR-2 | MU-NC | MU-MSC | MU-CC | |
Animal shelter | x | ||||
Automotive service and repair < 5,000 sq. ft. site | x | ||||
Automotive service and repair > 5,000 sq. ft. site | x | ||||
Banking or financial services | x | x | x | ||
Bed and breakfast - <= 8 rooms | x | x | x | x | |
Church or religious institution | x | x | x | ||
Day/child care –As regulated by state of NM (<= 10 kids in residential zones) | x | x | x | ||
Drive through facilities | x | ||||
Dwelling – SFA <=15 units/ac | x | x | x | x | x |
Dwelling – SFA > 15 units/ac | x | x | x | x | |
Dwelling - carriage units/guest houses < 650 sq. ft. | x | x | x | x | x |
Dwelling – SFD | x | x | x | x | x |
Gas station | x | x | |||
Grocery <= 20,000 sq. ft. | x | x | x | ||
Grocery > 20,000 sq. ft. | x | x | |||
Health club | x | x | x | ||
Hospital | x | ||||
Hotel | x | x | |||
Medical use - clinic | x | x | x | ||
Merchandise sales | x | x | x | ||
Museum and cultural institutions | x | x | x | ||
Nursing home, hospice | x | x | |||
Office <= 15,000 sq. ft. | x | x | x | ||
Office > 15,000 sq. ft. | X | x | |||
Open space | x | x | x | x | x |
Outdoor market | x | x | x | ||
Parking garage | x | x | |||
Park | x | x | x | x | x |
Personal service | x | x | x | ||
Professional service | x | x | x | ||
Public/civic use | x | x | x | x | x |
Restaurant <= 70 seats | x | x | x | ||
Restaurant > 70 seats | x | x | |||
School – elementary | x | x | x | x | x |
School – middle | x | x | x | x | |
School – high | x | x | x | x | |
Theatre (<= 6 screens) | x | ||||
Theatre (> 6 screens) | x | ||||
* Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional tiendita uses will not be permitted if such use is not explicitly identified on the original plat.
B. Accessory Uses And Structures: Accessory uses include uses of land or buildings that are subordinate to the principal use. The accessory use is located on the same lot or parcel serving a principal use.
Exhibit 8.2: Accessory Use Matrix
Special Use | Residential Zones | Commercial Zones | |||
STR-1-SF | STR-2-SF | MU-NC | MU-MSC | MU-CC | |
Carport | x | x | x | x | x |
Storage sheds < = 200 sq. ft. | x | x | |||
Ground or structure mounted communication appurtenances | x | x | x | x | x |
Private garage (detached) | x | x | x | x | x |
Telecommunication structures, facilities, towers, and related accessory structures and uses shall be exclusively regulated by this title, chapter 18 of this code. Accessory uses are permitted in any district as may be specified in the appropriate district regulations or herein. An accessory use building permit shall be required where specifically noted in this section. Accessory uses are permitted only after their principal structure is present or under construction. The use and/or location requirements stipulated elsewhere in this chapter may be modified for accessory uses as follows subject to planning and zoning commission approval:
1. General Architectural And Aesthetic Compatibility: All accessory structures shall be architecturally compatible with the principal structure. Exterior building materials and colors should not unduly contrast with the site's background. Inappropriate exterior building materials include, but are not limited to, untextured exposed concrete, untextured or unfinished unit masonry, highly reflective glass, reflective metal roof, and unpainted aluminum window frames.
2. Accessory Uses And Detached Accessory Structures: Accessory uses and detached accessory structures shall be permitted in the rear yard only, unless otherwise specified; may be located on an interior lot line; and shall not exceed fifteen feet (15') in height. Accessory structures shall not occupy more than twenty percent (20%) of the rear yard in all districts except the commercial districts where such uses and structures shall not occupy more than thirty-five percent (35%) of the rear yard setback. When permitted in the side or front yard, accessory structures shall not occupy more than fifteen percent (15%) of the respective side or front yard area.
a. Accessory uses (and structures) permitted in the rear yard area only.
(1) Accessory structures one hundred twenty (120) square feet or less in area provided they are located at least ten feet (10') from the principal building. Such buildings shall not require the issuance of a building permit. The zoning administrator may grant a waiver from the requirement that an accessory use (or structure) be located at least ten feet (10') from a principal building and permit such accessory use (or structure) within five feet (5') of the principal structure. Such waiver shall only be granted when the accessory structure is not designed or intended to store or contain any flammable liquid or vehicles or equipment containing flammable liquids; or where the accessory structure is constructed with a fire wall as if it were attached to the principal building; or where the accessory use (or structure) is not detrimental to the health, safety, and welfare of the surrounding uses or structures within two hundred feet (200'). The zoning administrator shall consider the health, safety, general welfare, and aesthetics of the proposed construction before granting such a waiver.
(2) Fire wood pile provided that the fire wood is neatly stacked and does not exceed a height of five feet (5') unless it is stacked against a permitted principle or accessory building.
(3) Gardens.
(4) Gazebo provided they are located at least ten feet (10') from the principal building and any other accessory building or structure. Such buildings shall require the issuance of a building permit.
(5) Jacuzzi/hot tub. Such equipment shall require the issuance of a building permit.
(6) Patio, not including a covered patio.
(7) Permanent volleyball court.
(8) Playhouse provided they are located at least ten feet (10') from the principal building and any other accessory building or structure.
(9) Swimming pool provided they are located at least ten feet (10') from the principal building and any other accessory building or structure. A swimming pool shall require the issuance of a building permit.
(10) Swing sets and gym sets.
(11) Tennis court.
(12) Wood deck, not including a covered deck. A deck projecting from a building with a deck elevation four feet (4') or more above grade shall be considered a balcony for the purpose of regulation and shall meet requirements thereof. Decks may extend into the side yard provided that the side yard setback for the district in which it is located shall be complied with. A deck shall require the issuance of a building permit.
(13) Similar items determined to be appropriate by the zoning administrator.
b. Accessory uses (and structures) permitted in any side or rear yard.
(1) Basketball hoops.
(2) Bird baths.
(3) Flag poles.
(4) Fountains.
(5) Lawn sculpture.
(6) Religious statue.
(7) Wishing well.
(8) Similar items determined to be appropriate by the zoning administrator.
c. Unless otherwise noted, the following uses, which may be accessory to a principal use, shall meet all the front, side, and rear yard requirements of the district in which they are located. All uses listed below shall require the issuance of a building permit.
(1) Accessory buildings more than one hundred twenty (120) square feet in area provided they are located at least ten feet (10') from the principal building and any other accessory building or structure. The zoning administrator may grant a waiver from the requirement that an accessory building be located at least ten feet (10') from a principal building and permit such accessory building within five feet (5') of the principal structure. Such waiver shall only be granted when the accessory building is not designed or intended to store or contain any flammable liquid or vehicles or equipment containing flammable liquids; or where the accessory building is constructed with a fire wall as if it were attached to the principal building. The zoning administrator shall consider the health, safety, general welfare, and aesthetics of the proposed construction before granting such a waiver.
(2) Balconies.
(3) Central air conditioning compressor provided that the air conditioning compressor is located no more than five feet (5') from the principal building and is located no closer than two feet (2') to a lot line. Air conditioning compressors shall not be located or extend into the front yard area.
(4) Covered patios or decks.
(5) Enclosed porches.
(6) Private garages (detached):
(A) Detached garages are permitted on an interior lot line (i.e., zero lot line).
(B) Detached garages that are alley loaded shall be set back a minimum of four feet (4') from the rear lot line.
(C) Detached garages that are loaded from a street may be located on the rear lot line.
(D) Detached garages shall be located a minimum of ten feet (10') from the principal building and any other accessory building or structure.
(E) Detached garages shall not extend into the front yard area without planning and zoning commission approval.
(7) Carports provided that they are a supplement to a required attached or detached garage rather than a substitute for a garage. Detached carports shall be located at least ten feet (10') from the principal building and any other accessory building or structure. Carports shall not extend into the front yard area.
d. The zoning administrator may allow detached accessory buildings and structures to be located closer than ten feet (10') to a principle building if they are designed in such a manner to be attractive and constructed to meet all codes and requirements as though they were attached to the principal structure.
e. Accessory buildings and tool sheds one hundred twenty (120) square feet or less in area shall be placed on a pad of concrete, asphalt, or patio block. Accessory buildings greater than one hundred twenty (120) square feet in area shall be constructed on a foundation or concrete slab.
f. No more than one (1) accessory building one hundred twenty (120) square feet or less in area and one (1) accessory building larger than one hundred twenty (120) square feet in area shall be placed on any residential lot less than one (1) acre in area.
g. Material may be stored in the accessory yard setback area if a minimum five foot (5') high fence is constructed between the accessory structure and adjacent lot. No parking shall be permitted in the accessory yard setback area. The accessory yard setback shall be kept free from accumulation of debris or refuse. Only fences, drainage swales, utilities, and landscaping may be permitted within the accessory yard setback area.
C. Conditional Uses:
1. Conditional uses require a more detailed study prior to approval. The zoning administrator may require additional submittals in order to evaluate the potential effects of the use development.
Exhibit 8.3: Conditional Use Matrix
Conditional Use | Residential Zones | Commercial Zones | |||
STR-1-SF | STR-2-SF | MU-NC | MU-MSC | MU-CC | |
Conditional Use | Residential Zones | Commercial Zones | |||
STR-1-SF | STR-2-SF | MU-NC | MU-MSC | MU-CC | |
Accessory dwelling unit | x | x | x | ||
Auditorium | x | x | x | x | x |
Awnings | x | x | x | x | x |
Bar | x | x | x | ||
Bed and breakfast - <= 8 rooms | x | ||||
Church or religious institution | x | x | |||
Day/child care – As regulated by state of NM (<=10 kids in residential zones) | x | x | |||
Drive-through facility | x | ||||
Storage sheds > 200 sq. ft. | x | x | |||
Home occupation (shall be exclusively regulated by title 3, chapter 4 of this code) | x | x | x | x | x |
Outdoor café | x | x | x | ||
Outdoor storage | x | x | |||
Parking lot | x | x | x | ||
Recreation service/center | x | x | x | x | x |
Tiendita* | x | x | |||
Utilities (above ground structures) | x | x | x | x | x |
* Tienditas require a conditional use permit and are only permitted on lands identified for such use on the original, recorded plat of the land. Additional tiendita uses will not be permitted if such use is not explicitly identified on the original plat.
2. In approving a conditional use, the zoning administrator shall consider the following:
a. The proposed use is appropriate and compatible in the specific location. Environmental impacts including, without limitation, noise, lighting, traffic and visibility effects generated as a result of the development are mitigated so that the effects on the adjoining properties are minimized;
b. The intent and principles of the STV1ZO are implemented by the approval of the proposed use at the proposed location; and
c. The proposed use meets the conditions outlined herein and in section 10-19-9 of this code.
D. New Uses: Any proposed permitted or accessory use currently not listed herein may be proposed by the applicant. If the zoning administrator recommends approval of such use, possibly with conditions, the proposed use shall then go through a formal text amendment process for ordinances mandated by §§ 3-17-1 through 3-17-6 NMSA 1978, as amended from time to time. (Ord. 2005-08, 12-6-2005)