This section may be cited as the Valencia County Greenhouse Overlay District.
(A) Purpose. The purpose of this section is to provide for agriculture production utilizing greenhouses in a manner that does not interfere with the restrictions of the underlying district but will allow for the expansion of agriculture production as set forth in the comprehensive plan and would not cause a detriment to any abutting lands.
(B) Definitions. All terms defined in the Interim Comprehensive Zoning Ordinance of Valencia County, New Mexico, as the same may be amended from time to time, shall also apply to this section, and, for purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GREENHOUSE. A controlled environment enclosed structure utilized for commercial agriculture used to cultivate crops or other plants for commercial sale. This definition does not include the use of private garden greenhouses utilized to cultivate crops or other plants for private use, which is not regulated by this section.
(C) Permitted uses. In addition to those uses allowed by the underlying zoning, the following uses are allowed in the Rural Residential (RR-1 and RR-2), Neighborhood Commercial (C-1), Community Commercial (C-2) Industrial (I-1, I-2 and I-3), Outland District (OD) and Agricultural Preservation (AP) districts upon the issuance of a greenhouse overlay district development permit:
(1) (a) Crop production greenhouses and other controlled-environment agricultural structures and related season extension structures for personal and/or commercial use provided the combined maximum covered area shall not exceed:
1. No size limit in OD, AP, I-1, I-2 and I-3;
2. Fifteen thousand (15,000) square feet in C-1 and C-2;
3. Fifteen percent (15%) parcel coverage in RR-1; and
4. Twenty percent (20%) parcel coverage in RR-2.
(b) All setback requirements of the underlying district will apply.
(2) Agriculture production, storage and food processing facilities, business, service, and commercial establishments are authorized in OD, AP, I-1, I-2, I-3, C-1 and C-2 districts.
(D) Application for Greenhouse Overlay.
(1) In addition to the Type C application procedure set forth in § 154.077 application for a Greenhouse Overlay shall contain:
(a) The documentation, as applicable, required for any application for a site design review as set forth in §§ 154.035 et seq.;
(b) Plans showing the location, area, dimensions, acreage and legal description of the parcel to be developed or used, together with north point, scale, date of application, and the greenhouse and other facilities;
(c) Provisions for preventing the collection and stagnation of water at all stages of the operation;
(d) All plans prepared and submitted shall be prepared at a scale no smaller than 1 inch to 200 feet, with 5 foot contours, and the information shall be furnished for a distance beyond the site sufficient to determine the impact of the operation on adjacent and surrounding lands;
(e) Plans for road improvements;
(f) Plans for the removal of the greenhouse facility prior to the sale or transfer of the real property to a subsequent owner; and
(g) Plans for the mitigation of odor, noise, dust in order to not interfere with the use of neighboring properties.
(E) Duration of Greenhouse Overlay District.
(1) The Greenhouse Overlay District shall be granted to the applicant only and shall not be deemed to run with the land; and
(2) No modification of a zoning district standard shall have the effect of changing the existing zoning district where the property sits.
(Ord. 2021-02, passed 7-21-2021)