§ 154.120  NEIGHBORHOOD COMMERCIAL DISTRICT (C-1).
   (A)   Purpose.
      (1)   The purpose of the C-1 District is to provide limited convenience commercial services for a specific residential market area.
      (2)   This district is intended to maintain the service function of rural neighborhoods in the county; or to locate a present foreseeable demand for small-scale, local convenience centers in an area where access, traffic-turning movement and off-street parking can be provided in a convenient and economic manner.
   (B)   Permitted uses.  In the C-1 District, the following uses shall be permitted subject to the standards and limitations set forth in division (F) below and pursuant to §§ 154.035 through 154.040 for site design review:
      (1)   Restaurant (with or without a liquor license) or refreshment stand;
      (2)   Retail stores not exceeding 5,000 square feet of floor space;
      (3)   General or professional offices;
      (4)   Convenience food store, maximum floor area of 5,000 square feet  of floor space;
      (5)   Business services offices;
      (6)   (a)   Dwelling in conjunction with a permitted use.
         (b)   If a dwelling is a mobile home, it shall, in addition to the requirements of this section, also be subject to the mobile home standards set forth in § 154.172;
      (7)   Accessory uses;
      (8)   Temporary structures as may be required during construction of an authorized permanent structure.  The temporary structure shall be removed upon final inspection of the permanent structure by the Building Inspector;
      (9)   Community or municipal water supply system;
      (10)   Community or municipal sewer system;
      (11)   Public facilities;
      (12)   Flea markets, subject to site design review;
      (13)   Churches, subject to site design review;
      (14)   Signs, pursuant to the sign provisions set forth in § 154.166;
      (15)   Permitted uses allowed in RR Districts;
      (16)   Similar uses, similar in character, scale and performance, or with similar noise, odor, traffic, air and water quality impacts on neighboring properties; and
      (17)   Clubs and lodges, subject to site design review.
   (C)   Conditional uses.  In the C-1 District, pursuant to the Type B application procedure as set forth in § 154.076, and subject to the conditional use review criteria listed in § 154.057, and subject to §§ 154.035 through 154.040 for site design review and any other applicable criteria established by this chapter, the following uses may be allowed conditionally:
      (1)   Automobile service station;2007 S-1
      (2)   Automobile repair garage;
      (3)   Utility facility, with the exception of energy generation facilities, subject to §§ 154.035 through 154.040 for site design review; and
      (4)   Similar uses similar in character, scale and performance, or with similar noise, odor, traffic, air and water quality impacts on neighboring properties.
   (D)   Prohibited uses.  Uses of land and water not specifically mentioned in this section, and not allowed as a similar use, are prohibited in the C-1 District.
   (E)   Non-conforming uses.  Non-conforming uses found in the C-1 District are subject to the non-conforming use provisions of § 154.059 as well as any other applicable provisions of this chapter.
   (F)   Standards and limitations.  In the C-1 District, the following standards and limitations shall apply:
      (1)   Size.  The size of commercial centers shall reflect real market demand in the community areas to be served and the spacing of the centers shall be commensurate with the spacing of existing centers and arterial or collector intersections.
      (2)   Character and rural atmosphere to be preserved.  In areas adjacent to state highways, the layout and design of the centers shall ensure that the view from the highway and rural atmosphere of the county are not impaired and that the scale and service requirements of the facilities do not have an adverse impact on the character of the adjacent and surrounding neighborhoods.
      (3)   Dwelling density.  Structural densities shall be in accordance with NMED well and septic standards and limitations.
      (4)   Parcel size and dimension.  The minimum parcel size for newly created parcels shall meet the NMED well and septic system standards for the intended use.
      (5)   Setbacks.
 
Location
Minimum setback
Front yard
30 feet
Side and rear yard
25 feet, except as provided above and as provided for accessory uses in division (F)(10)
 
      (6)   Parcel coverage.  The maximum parcel coverage shall be appropriate to the use, subject to §§ 154.035 through 154.040 for site design review.
      (7)   Access.  To the extent possible, commercial development shall be located abutting arterial or collector roads.
      (8)   Clear-vision areas.
         (a)   No fence or planting shall be allowed higher than 3 feet in the clear vision area of 15 feet from the intersection property line.
         (b)   Commercial development shall also refer to the New Mexico State Access Manual or AASHTO Standards.
      (9)   Height.
         (a)   The maximum building height for any dwelling shall be 35 feet;
         (b)   The maximum building height for all other structures shall be 45 feet; and
         (c)   Appurtenances usually required to be placed above the roof level and not intended for human occupancy such as spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys and wind generators shall not exceed 25 feet above the roof line.
      (10)   Accessory uses.  An accessory use shall comply with the standards and limitations for principal uses except as that fences, walls and hedges may be permitted in any required property or along the edge of any yard, subject to the clear-vision area requirements of division (8) above.
      (11)   Off-street parking.  Off-street parking and loading requirements for any use in the C-1 District shall be as provided in §§ 154.035 through 154.040.
      (12)   Landscaping.  Landscaping shall be required in conformance with § 154.167 of this chapter.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 04, passed 9-15-2004; Am. Ord. 2006-06, passed 6-16-2006; Am. Ord. 2017-01, passed 4-5-2017) Penalty, see § 154.999