10-25 ORDINANCE 10-25
AN ORDINANCE AMENDING SECTIONS 16.20.030.3 HEIGHT LIMITATIONS;
16.16.160.5 HIGHWAY CORRIDOR PROTECTION DISTRICT (HCPD)
DEVELOPMENT STANDARDS; 16.16.150.2 PERMITTED PRINCIPAL USES,
16.16.150.3 PERMITTED ACCESSORY USES, 16.16.150.5 DEVELOPMENT
STANDARDS OF THE CENTRAL BUSINESS DISTRICT (CBD); 16.16.140.5
GENERAL COMMERCIAL DISTRICT (C-2) DEVELOPMENT STANDARDS;
16.16.130.5 NEIGHBORHOOD COMMERCIAL (C-1) DEVELOPMENT
STANDARDS; 16.16.120.6 MULTI-FAMILY RESIDENTIAL (R-14)
DEVELOPMENT STANDARDS; AND 16.16.110.5 RESIDENTIAL ZONE (R-6)
DEVELOPMENT STANDARDS OF THE TAOS TOWN CODE
This ordinance amends the Taos Town Code with respect to height limitations in the
Central Business District (CBD), General Commercial (C-2), and Highway Corridor
Protection District (HCPD) zones and set backs, lot sizes, lot coverage, and lot
widths of the HCPD, CBD, C-2, C-1, R-14, and R-6 zoning districts to achieve a
greater density of development. The ordinance further makes minor alterations to
the permitted principal and accessory uses of the CBD zoning district.
WHEREAS, the Community Economic Development and Planning and Zoning
Departments of the Town of Taos have determined that an amendment to sections
16.20.030.3, 16.16.160.5, 16.16.150.2, 16.16.150.3, 16.16.150.5, 16.16.140.5,
16.16.130.5, 16.16.120.6, and 16.16.110.5 of the Town of Taos Code; Land Use
Development Title is necessary to provide the ability for land to be developed with the
appropriate density and thereby preserving open space, utility costs, and lowering the cost
of housing; and
WHEREAS, The Town of Taos Land Use Development Review Committee has
reviewed and recommended approval of the proposed amendments to the Taos Town
Code, Land Use Development Title; and
WHEREAS, the Planning and Zoning Commission at their regularly scheduled October
6, 2010 meeting has approved Planning and Zoning Commission Resolution 10-04
recommending said changes to the Taos Town Code, Land Use Development Title.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Town of Taos,
meeting in Regular Session, this October 12, 2010, and after having held a public hearing
Ordinance 10-25 Page 1 of 19
on the matter, and after having reviewed Planning and Zoning Commission Resolution
10-04 the following Ordinance is hereby amended, adopted, and approved:
Taos Town Code, Land Use Development Title, originally adopted as LAND USE
DEVELOPMENT CODE; Ordinance 99-05 is amended in the following specific
locations and otherwise remains unchanged:
LEGISLATIVE FORMAT VERSION
16.20.030.3: HEIGHT LIMITATIONS:
A. Maximum Building Height: The maximum building height shall be twenty seven
feet (27') from the average grade of the site. Within the Central Business District
(CBD), General Commercial (C-2), and Highway Corridor Protection District
(HCPD) Zoning Districts the maximum building height may be increased to a
maximum height of forty feet (40') if approved at a public hearing by the
Planning and Zoning Commission as an exception.
a. An exception to the twenty seven foot (27') height limitation within the
CBD and HCPD Zones shall be approved by the Planning and Zoning
Commission at a public hearing and may be approved only if the
Commission can answer the following affirmatively:
i. Is the construction adequately protected from fire?
ii. Is there adequate protection of the existing viewshed of adjacent
properties?
iii. Is there adequate protection of solar access for adjacent properties?
iv. Is the increase in height in keeping with the Land Use Element of
the Town of Taos Comprehensive Plan?
v. If the property is located within the Historic Overlay Zone, has it
been approved by the Town of Taos Historic Preservation
Commission?
B. Flagpoles, cellular towers and antennas are limited to a maximum height of fifty
feet (50').
16.16.120.5: SPECIAL USES:
In addition to the special uses listed in section 16.16.210 of this chapter, higher dwelling
unit density than fourteen (14) units per acre shall be allowed in the R-14 zone and higher
dwelling unit density than twenty-nine (29) units per acre in the Central Business District
(CBD) zone in order to provide affordable housing in these zones, with the condition that
all setbacks, lot coverage and performance standards (including parking) are followed.
The minimum lot size shall be waived for developments which have been approved for
higher density in the R-14 zone. Higher dwelling unit density than fourteen (14) units in
the R-14 and twenty-nine (29) dwelling units in the CBD zones requires a special use
permit, a site development plan containing the elements required in section 16.20.080 of
this title, and any other information required by the code administrator. The application
procedure shall follow section 16.12.040.5 of this title. To be considered an affordable
Ordinance 10-25 Page 2 of 19
housing development the project must be participating in a public affordable housing
program such as the Town of Taos Affordable Housing Program, New Mexico Mortgage
Finance Authority's Low Income Housing Tax Credit Program, or USDA Rural Housing.
(Ord. 03-07, 2003: Ord. 99-05, 1999)
Highway Corridor Protection District (HCPD)
16.16.160.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the HCPD zone:
A. Minimum Lot Size: Seven thousand (7,000) square;
B. Minimum Lot Width: Seventy feet (70');
C. Minimum Setback Requirements:
1. Front Yard: Ten feet (10') from the front property line, landscaped in accordance with
the provisions of the landscaping ordinance;
2. Side Yards: Zero feet (0');
3. Rear Yard: Zero feet (0');
4. Residential Zone: If the rear or side property line abuts a residential zone-the setback
shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot
measured from the front to the rear property lines for a rear yard setback, or measured
from the side property lines for a side yard setback. The setback shall be used to screen
the residential zone from commercial activity through the use of landscaping in
accordance with the provisions of the landscaping ordinances. The setback may be used
to meet the requirements of the town of Taos storm drainage ordinance;
D. Maximum Lot Coverage: Sixty percent (60%) by all structures;
E. Off Street Loading: Any use in the HCPD zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley, or way;
F. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the HCPD zone;
G. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the HCPD zone
governed by this title shall meet or exceed all applicable performance standards and
criteria as set forth in this title and any other applicable town ordinance or regulation; and
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the HCPD zone, then such a planned
Ordinance 10-25 Page 3 of 19
unit development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter.
Central Business District (CBD)
16.16.150.2: PERMITTED PRINCIPAL USES:
The following uses shall be permitted in the CBD zone:
Eating or drinking establishments, excluding clubs.
General merchandise retail, excluding convenience or small grocery store with fuel sales,
department store, and discount store.
Home occupations provided that all conditions of section 16.20.070 of this title are met.
Lodging establishments.
Personal service retail establishments excluding daycare, laundry, motor vehicle service
and repair establishment/car wash or fuel sales, and personal storage. and photography
Professional office or service. Veterinary establishments are allowed, provided that all
animals are kept inside buildings.
Single-family, two-family and multi-family dwellings, including apartments,
condominiums, and townhouses.
Specialty retail establishments excluding businesses which require exterior inventory
storage for automobile/pleasure craft dealerships, large equipment sales and rentals, and
manufactured home sales, and construction materials.
Theaters.
Wholesaling operation, provided that no manufacturing or storage for distribution shall
be permitted on the premises.
16.16.150.3: PERMITTED ACCESSORY USES:
The following accessory uses shall be permitted in the CBD zone:
Guesthouse, as an accessory use to a single-family residence.
Uses customarily accessory, clearly incidental and subordinate to the permitted principal
uses which are located on the same lot or parcel and do not involve the conduct of a
business other than a business permitted in the CBD zone.
Ordinance 10-25 Page 4 of 19
Exterior inventory storage of plants for sale to the general public is permitted as an
accessory use.
Sidewalk sales and dining are permitted provided the business maintains thirty six
inches (36") of continuous clear passage for pedestrians.
16.16.150.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the CBD zone:
A. Maximum Overall Density: Twenty nine (29) dwelling units per acre without density
bonuses from an approved Planned Unit Development (PUD), §16.16.190 et. seq. or
a special use permit for higher densityls, §16.16.120.5.
B. Minimum Lot Size: One thousand five hundred (1,500) square feet.
C. Off Street Loading: Any use in the CBD zone requiring loading space for normal
operations shall provide adequate loading space, so that no vehicles being loaded or
unloaded in connection with normal operations shall stand in, or project into, any public
street, walk, alley, or way.
D. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the CBD zone governed
by this title shall meet or exceed all applicable performance standards and criteria as set
forth in this title and any other applicable town ordinance or regulation.
E. Minimum Lot Width: Twenty feet (20').
F. Minimum Setback Requirements:
1. When a lot in the CBD zone is developed with residential use up to a triplex, the
setback requirements are as follows;
a. Front Yard: Ten feet or in keeping with the setback of the adjoining parcels
b. Side Yard: Seven feet (7') or a minimum of ten feet between buildings on
adjoining lots,whichever is less
c. Rear Yard: Ten feet (10') — note that l of the width of any alleyway may be
counted toward the rear setback
2. All commercial development within the CBD including multi-family housing, may
be constructed to the lot line and no setbacks are required. However, construction
of a commercial building on a property that shares a side property line or lines with
a residential use (single-family to triplex) or zone shall have a front yard setback in
keeping with the adjoining residential use and a side yard setback of five feet (5')
from the side or sides shared with a residential use or zone. The side yard setback
shall be used to screen the residential use from commercial activity through the use
of landscaping in accordance with the provisions of the landscaping ordinances. The
Ordinance 10-25 Page 5 of 19
setback may be used to meet the requirements of the Town of Taos storm drainage
ordinance;
3. The planning and zoning commission may grant variances to the above minimum
width and setback requirements after careful consideration of existing adjacent properties
and uses in the immediately surrounding CBD neighborhood.
G. Maximum Lot Coverage: Up to one hundred percent (100%) by all structures
provided that it receives approval from the Code Administrator specifically
regarding the ability of emergency services ability to access the property.
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the CBD zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter.
I. Historic Overlay Zone: Properties within the central business district that are also
within the historic overlay zone shall also comply with section 16.16.220 of this chapter.
(Ord. 04-01, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
General Commercial District (C-2)
16.16.140.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the C-2 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units per acre with a conditional
use permit for two-family attached, semi-attached or multi-family residence.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Seventy feet (70').
D. Minimum Setback Requirements:
1. Front yard: Ten feet (10') landscaped in accordance with the provisions of the
landscaping ordinance;
2. Side Yards: Zero feet (0');
3. Rear Yard: Zero feet (0');
4. Residential Zone: If the rear or side property line abuts a residential zone—the setback
shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot
measured from the front to the rear property lines for a rear yard setback, or measured
from the side property lines for a side yard setback. The setback shall be used to screen
the residential zone from commercial activity through the use of landscaping in
accordance with the provisions of the landscaping ordinances. The setback may be used
to meet the requirements of the town of Taos storm drainage ordinance;
E. Maximum Lot Coverage: Sixty percent (60%) by all structures.
Ordinance 10-25 Page 6 of 19
F. Off Street Loading: Any use in the C-2 zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley, or way.
G. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the C-2 zone.
H. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the C-2 zone governed
by this title shall meet or exceed all applicable performance standards and criteria as set
forth in this title and any other applicable town ordinance or regulation.
I. Planned Unit Development Standards: In addition to all other requirements of this title,
if a planned unit development is proposed in the C-2 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Neighborhood Commercial District (C-1)
16.16.130.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the C-1 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units per acre with a conditional
use permit for two-family attached, semi-attached or multi-family residence.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Seventy feet (70').
D. Minimum Setback Requirements:
1. When a lot in the C-1 zone is developed with a single-family or two-family dwellings,
the setback requirements of the R6 zone shall apply; and
2. When a lot in the C-1 zone is developed with; multi-family dwellings or a commercial
use, the setback requirements shall be:
a. Front yard: Ten feet (10') landscaped in accordance with the provisions of the
landscaping ordinance;
b. Side Yards: Zero feet (0')
c. Rear Yard: Zero feet (0')
d. Residential Zone: If the rear or side property line abuts a residential zone the
setback shall be the lesser of five feet (5') or twenty percent (20%) of the depth of
the lot measured from the front to the rear property lines for a rear yard setback, or
measured from the side property lines for a side yard setback. The setback shall be
used to screen the residential zone from commercial activity through the use of
Ordinance 10-25 Page 7 of 19
landscaping in accordance with the provisions of the landscaping ordinances. The
setback may be used to meet the requirements of the town of Taos storm drainage
ordinance;
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
F. Off Street Loading: Any use in the C-1 zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley or way.
G. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the C-1 zone.
H. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the C-1 zone governed
by this title shall meet or exceed all applicable performance standardsl'1 and criteria as set
forth in this title and any other applicable town ordinance or regulation.
I. Planned Unit Development Standards: In addition to all other requirements of this title,
if a planned unit development is proposed in the C-1 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Multi-Family Residential District (R-14)
16.16.120.6: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the R-14 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units without density bonuses or
a special use permit for higher densityl and one nonresidential unit if conditionally or
specially permitted per acre.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Fifty feet (50').
D. Minimum Setback Requirements:
1. Front yard: Twenty feet (20') from the front property line;
2. Side yards: Seven feet (7') from the side property lines; and
3. Rear yard: Ten feet (10') from the rear property line.
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
Ordinance 10-25 Page 8 of 19
F. Nonresidential Development: Nonresidential development, except bed and breakfast
inns or boarding houses, shall comply with the following additional development
standards:
1. No more than three (3) employees;
2. No outdoor exhibition or storage of stock;
3. Only one sign, not to exceed four (4) square feet;
4. The use is accessed by a public road;
5. Adequate, safe and marked access, egress and ingress is provided; and
6. Parking required in section 16.20.040 of this title is provided within the setback
requirements of this zone.
G. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the R-14 zone governed
by this title shall meet or exceed all applicable performance standards16 and criteria as set
forth in this title and any other applicable town ordinance or regulation.
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the R-14 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Residential Zone (R-6)
16.16.110.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the R-6 zone:
A. Maximum Overall Density: Six (6) dwelling units and one nonresidential unit if
conditionally or specially permitted per acre.
B. Minimum Lot Size: Six thousand (6,000) square feet.
C. Minimum Lot Width: Fifty feet (50').
D. Minimum Setback Requirements:
1. Front yard: Twenty feet (20') from the front property line;
2. Side yards: Seven feet (7') from the side property lines; and
3. Rear yard: Ten feet (10') from the rear property line.
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
F. Nonresidential Development: Nonresidential development, except bed and breakfast
inns or boarding houses, shall comply with the following additional development
standards:
1. No more than three (3) employees;
2. No outdoor exhibition or storage of stock;
Ordinance 10-25 Page 9 of 19
3. Only one sign, not to exceed four(4) square feet;
4. The use is accessed by a public road;
5. Adequate, safe and marked access, egress and ingress is provided; and
6. Parking required in section 16.20.040 of this title is provided within the setback
requirements of this zone.
G. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the R-6 zone governed
by this title shall meet or exceed all applicable performance standards-4 and criteria as set
forth in this title and any other applicable town ordinance or regulation.
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the R-6 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Ordinance 10-25 Page 10 of 19
ADOPTION VERSION
16.20.030.3: HEIGHT LIMITATIONS:
A. Maximum Building Height: The maximum building height shall be twenty seven
feet (27') from the median grade of the site. Within the Central Business District
(CBD), General Commercial (C-2), and Highway Corridor Protection District
(HCPD) Zoning Districts the maximum building height may be increased to a
maximum height of forty feet (40') if approved at a public hearing by the
Planning and Zoning Commission as an exception.
a. An exception to the twenty seven foot (27') height limitation within the
CBD and HCPD Zones shall be approved by the Planning and Zoning
Commission at a public hearing and may be approved only if the
Commission can answer the following affirmatively:
i. Is the construction adequately protected from fire?
ii. Is there adequate protection of the existing viewshed of adjacent
properties?
iii. Is there adequate protection of solar access for adjacent properties?
iv. Is the increase in height in keeping with the Land Use Element of
the Town of Taos Comprehensive Plan?
v. If the property is located within the Historic Overlay Zone, has it
been approved by the Town of Taos Historic Preservation
Commission?
B. Flagpoles, cellular towers and antennas are limited to a maximum height of fifty
feet (50').
16.16.120.5: SPECIAL USES:
In addition to the special uses listed in section 16.16.210 of this chapter, higher dwelling
unit density than fourteen (14) units per acre shall be allowed in the R-14 zone and higher
dwelling unit density than twenty-nine (29) dwelling units per acre in the Central
Business District (CBD) zone in order to provide affordable housing in these zones, with
the condition that all setbacks, lot coverage and performance standards (including
parking) are followed. The minimum lot size shall be waived for developments which
have been approved for higher density in the R-14 zone. Higher dwelling unit density
than fourteen (14) units in the R-14 and twenty-nine (29) dwelling units in the CBD
zones requires a special use permit, a site development plan containing the elements
required in section 16.20.080 of this title, and any other information required by the code
administrator. The application procedure shall follow section 16.12.040.5 of this title. To
be considered an affordable housing development the project must be participating in a
public affordable housing program such as the Town of Taos Affordable Housing
Program, New Mexico Mortgage Finance Authority's Low Income Housing Tax Credit
Program, or USDA Rural Housing. (Ord. 03-07, 2003: Ord. 99-05, 1999)
Highway Corridor Protection District (HCPD)
Ordinance 10-25 Page 11 of 19
16.16.160.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the HCPD zone:
A. Minimum Lot Size: Seven thousand (7,000) square.
B. Minimum Lot Width: Seventy feet (70');
C. Minimum Setback Requirements:
1. Front Yard: Ten feet (10') from the front property line landscaped in accordance with
the provisions of the landscaping ordinance;
2. Side Yards: Zero feet (0')
3. Rear Yard: Zero feet (0')
4. Residential Zone: If the rear or side property line abuts a residential zone the setback
shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot
measured from the front to the rear property lines for a rear yard setback, or measured
from the side property lines for a side yard setback. The setback shall be used to screen
the residential zone from commercial activity through the use of landscaping in
accordance with the provisions of the landscaping ordinances. The setback may be used
to meet the requirements of the town of Taos storm drainage ordinance;
E. Maximum Lot Coverage: Sixty percent (60%) by all structures;
F. Off Street Loading: Any use in the HCPD zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley, or way;
G. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the HCPD zone;
H. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the HCPD zone
governed by this title shall meet or exceed all applicable performance standards2—° and
criteria as set forth in this title and any other applicable town ordinance or regulation; and
I. Planned Unit Development Standards: In addition to all other requirements of this title,
if a planned unit development is proposed in the HCPD zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter.
Central Business District (CBD)
16.16.150.2: PERMITTED PRINCIPAL USES:
The following uses shall be permitted in the CBD zone:
Ordinance 10-25 Page 12 of 19
Eating or drinking establishments, excluding clubs.
General merchandise retail, excluding convenience or small grocery store with fuel sales,
department store, and discount store.
Home occupations provided that all conditions of section 16.20.070 of this title are met.
Lodging establishments.
Personal service retail establishments excluding daycare, laundry, motor vehicle service
and repair establishment/car wash or fuel sales, and personal storage.
Professional office or service. Veterinary establishments are allowed, provided that all
animals are kept inside buildings.
Single-family, two-family and multi-family dwellings, including apartments,
condominiums, and townhouses.
Specialty retail establishments excluding businesses which require exterior inventory
storage for automobile/pleasure craft dealerships, large equipment sales and rentals,
manufactured home sales, and construction materials.
Theaters.
Wholesaling operation, provided that no manufacturing or storage for distribution shall
be permitted on the premises.
16.16.150.3: PERMITTED ACCESSORY USES:
The following accessory uses shall be permitted in the CBD zone:
Guesthouse, as an accessory use to a single-family residence.
Uses customarily accessory, clearly incidental and subordinate to the permitted principal
uses which are located on the same lot or parcel and do not involve the conduct of a
business other than a business permitted in the CBD zone.
Exterior inventory storage of plants for sale to the general public is permitted as an
accessory use.
Sidewalk sales and dining are permitted provided the business maintains thirty six inches
(36") of continuous clear passage for pedestrians.
16.16.150.5: DEVELOPMENT STANDARDS:
Ordinance 10-25 Page 13 of 19
The following development standards shall apply to all property in the CBD zone:
A. Maximum Overall Density: Twenty nine (29) dwelling units per acre without density
bonuses or a special use permit for higher density''S
B. Minimum Lot Size: One thousand five hundred (1,500) square feet.
C. Off Street Loading: Any use in the CBD zone requiring loading space for normal
operations shall provide adequate loading space, so that no vehicles being loaded or
unloaded in connection with normal operations shall stand in, or project into, any public
street, walk, alley, or way.
D. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the CBD zone governed
by this title shall meet or exceed all applicable performance standards19 and criteria as set
forth in this title and any other applicable town ordinance or regulation.
E. Minimum Lot Width: Twenty feet (20').
F. Minimum Setback Requirements:
1. When a lot in the CBD zone is developed with a residential use up to a triplex, the
setback requirements are as follows;
a. Front Yard: Ten feet or in keeping with the setback of the adjoining parcels
b. Side Yard: Seven feet (7') or a minimum of ten feet between buildings on adjoining
lots, whichever is less
c. Rear Yard: Ten feet (10') — note that ' of the width of any alleyway may be counted
toward the rear setback
2. All commercial development within the CBD including multi-family housing, may be
constructed to the lot line and no setbacks are required. However, construction of a
commercial building on a property that shares a side property line or lines with a
residential use (single-family to triplex) or zone shall have a front yard setback in keeping
with the adjoining residential use and a side yard setback of five feet (5') from the side or
sides shared with a residential use or zone. The side yard setback shall be used to screen
the residential use from commercial activity through the use of landscaping in accordance
with the provisions of the landscaping ordinances. The setback may be used to meet the
requirements of the Town of Taos storm drainage ordinance;
3. The planning and zoning commission may grant variances to the above minimum
width and setback requirements after careful consideration of existing adjacent properties
and uses in the immediately surrounding CBD neighborhood.
G. Maximum Lot Coverage: Up to one hundred percent (100%) by all structures provided
that it receives approval from the Code Administrator specifically regarding the ability of
emergency services ability to access the property.
Ordinance 10-25 Page 14 of 19
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the CBD zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter.
I. Historic Overlay Zone: Properties within the central business district that are also
within the historic overlay zone shall also comply with section 16.16.220 of this chapter.
(Ord. 04-01, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
General Commercial District (C-2)
16.16.140.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the C-2 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units per acre with a conditional
use permit for two-family attached, semi-attached or multi-family residence.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Seventy feet (70').
D. Minimum Setback Requirements:
1. Front yard: Ten feet (10') landscaped in accordance with the provisions of the
landscaping ordinance;
2. Side Yards: Zero feet (0')
3. Rear Yard: Zero feet (0')
4. Residential Zone: If the rear or side property line abuts a residential zone the setback
shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot
measured from the front to the rear property lines for a rear yard setback, or measured
from the side property lines for a side yard setback. The setback shall be used to screen
the residential zone from commercial activity through the use of landscaping in
accordance with the provisions of the landscaping ordinances. The setback may be used
to meet the requirements of the town of Taos storm drainage ordinance;
E. Maximum Lot Coverage: Sixty percent (60%) by all structures.
F. Off Street Loading: Any use in the C-2 zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley, or way.
G. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the C-2 zone.
Ordinance 10-25 Page 15 of 19
H. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the C-2 zone governed
by this title shall meet or exceed all applicable performance standards) and criteria as set
forth in this title and any other applicable town ordinance or regulation.
I. Planned Unit Development Standards: In addition to all other requirements of this title,
if a planned unit development is proposed in the C-2 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Neighborhood Commercial District (C-1)
16.16.130.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the C-1 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units per acre with a conditional
use permit for two-family attached, semi-attached or multi-family residence.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Seventy feet (70').
D. Minimum Setback Requirements:
1. When a lot in the C-1 zone is developed with a single-family or two-family dwellings,
the setback requirements of the R-6 zone shall apply; and
2. When a lot in the C-1 zone is developed with; multi-family dwellings or a commercial
use, the setback requirements shall be:
a. Front yard: Ten feet (10') landscaped in accordance with the provisions of the
landscaping ordinance;
b. Side Yards: Zero feet (0')
c. Rear Yard: Zero feet (0')
d. Residential Zone: If the rear or side property line abuts a residential zone the setback
shall be the lesser of five feet (5') or twenty percent (20%) of the depth of the lot
measured from the front to the rear property lines for a rear yard setback, or measured
from the side property lines for a side yard setback. The setback shall be used to screen
the residential zone from commercial activity through the use of landscaping in
accordance with the provisions of the landscaping ordinances. The setback may be used
to meet the requirements of the town of Taos storm drainage ordinance;
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
F. Off Street Loading: Any use in the C-1 zone requiring loading space for normal
operations shall provide adequate loading space at the rear of the building, so that no
vehicle being loaded or unloaded in connection with normal operations shall stand in, or
project into, any public street, walk, alley or way.
Ordinance 10-25 Page 16 of 19
G. Trailers: Trailers which are unattended and not attached to a vehicle shall not be
located in any parking lot within the C-1 zone.
H. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the C-1 zone governed
by this title shall meet or exceed all applicable performance standardsn and criteria as set
forth in this title and any other applicable town ordinance or regulation.
I. Planned Unit Development Standards: In addition to all other requirements of this title,
if a planned unit development is proposed in the C-1 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Multi-Family Residential District (R-14)
16.16.120.6: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the R-14 zone:
A. Maximum Overall Density: Fourteen (14) dwelling units without density bonuses or a
special use permit for higher density15 and one nonresidential unit if conditionally or
specially permitted per acre.
B. Minimum Lot Size: Seven thousand (7,000) square feet.
C. Minimum Lot Width: Fifty feet (50').
D. Minimum Setback Requirements:
1. Front yard: Twenty feet (20') from the front property line;
2. Side yards: Seven feet (7') from the side property lines; and
3. Rear yard: Ten feet (10') from the rear property line.
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
F. Nonresidential Development: Nonresidential development, except bed and breakfast
inns or boarding houses, shall comply with the following additional development
standards:
1. No more than three (3) employees;
2. No outdoor exhibition or storage of stock;
3. Only one sign, not to exceed four (4) square feet;
4. The use is accessed by a public road;
5. Adequate, safe and marked access, egress and ingress is provided; and
6. Parking required in section 16.20.040 of this title is provided within the setback
requirements of this zone.
Ordinance 10-25 Page 17 of 19
G. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the R-14 zone governed
by this title shall meet or exceed all applicable performance standards1 6 and criteria as set
forth in this title and any other applicable town ordinance or regulation.
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the R-14 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
Residential Zone (R-6)
16.16.110.5: DEVELOPMENT STANDARDS:
The following development standards shall apply to all property in the R-6 zone:
A. Maximum Overall Density: Six (6) dwelling units and one nonresidential unit if
conditionally or specially permitted per acre.
B. Minimum Lot Size: Six thousand (6,000) square feet.
C. Minimum Lot Width: Fifty feet (50').
D. Minimum Setback Requirements:
1. Front yard: Twenty feet (20') from the front property line;
2. Side yards: Seven feet (7') from the side property lines; and
3. Rear yard: Ten feet (10') from the rear property line.
E. Maximum Lot Coverage: Fifty percent (50%) by all structures.
F. Nonresidential Development: Nonresidential development, except bed and breakfast
inns or boarding houses, shall comply with the following additional development
standards:
1. No more than three (3) employees;
2. No outdoor exhibition or storage of stock;
3. Only one sign, not to exceed four(4) square feet;
4. The use is accessed by a public road;
5. Adequate, safe and marked access, egress and ingress is provided; and
6. Parking required in section 16.20.040 of this title is provided within the setback
requirements of this zone.
G. Performance Standards: All development, erection of structures, use of property,
alteration of structures or land, or other matters occurring within the R-6 zone governed
by this title shall meet or exceed all applicable performance standardsli and criteria as set
forth in this title and any other applicable town ordinance or regulation.
Ordinance 10-25 Page 18 of 19
H. Planned Unit Development Standards: In addition to all other requirements of this
title, if a planned unit development is proposed in the R-6 zone, then such a planned unit
development shall meet or exceed all planned unit development standards set out in
section 16.16.190 of this chapter. (Ord. 04-06, 2004: Ord. 03-07, 2003: Ord. 99-05, 1999)
This ordinance shall become effective as provided by law.
ORDAINED, ADOPTED, APPROVED, AND RATIFIED this 12th day of October,
2010 by the following vote:
Mayor Pro Tern Rudy Abeyta yes
Councilmember Amy Quintana absent
Councilman Eugene Sanchez yes
Councilman Michael Silva yes
TOWN OFT. OS
0
Darren M. Cordova, Mayor
ATTEST:
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Renee Luck oI own'C1dk
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APPROVED ASfTO LEGAL FORM:
• erguson,Jr.,✓wn Attorney
Ordinance 10-25 Page 19 of 19