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522-523 TOWN OF TAGS ORDINANCES YEAR: I I (C NUMBER 5 :� � ' 5 ;ft3 I TOWN OF TAOS ZONING ORDINANCE AND MAP Ordinance No, 5 c2 c:Z_, AN ORDINANCE ESTABLISHING CODIPREI'IENSIVE ZONING REGULATIONS FOR T IE 01 'r;;OS, T•?;-ttiT PiL}i:l:CO, AND PROVTI)II1Cr FOii 'PIi E ADPIIiIISTRATIOPI, AND V,]EM)I•IEN' TME''REOF, :C}? ACCORDANCE dI'I.' i T,11, P RUIT SIONS OF' SECT iOTI TiIROUGH 14- ' '-7- ' OTC' "II1 }'dEW .i,il;X,rCO STA`.I'UT-11i"3 AT-11,10TI TM, 1(1 ;;;, �JID A' E'•TDl,l l,,TTS TITEME'I'C, Ai1D FOR '?''Ii I?. P L;AL OP AJ,L OIMI`dANCES IN CONFLICT HEREWITH ,'rIl',t EA9 Sec ti:7ns 111 -i�i-'P!'-c) '',:}1r0U( }1 llj -2t)-I,`i r7�' 'i,}1C 1''le'ti i 1C 7: i CO ;)(;j j �1:, ':, �;t"i1770ivC:�=S the Town to onact iI ?on-ink, 7:L'il ?118)1C ? and 4;;.1 nrovide ;P01' its adlllitli.^1:1'c7' i.01'1, enforcc)mc;n1;, Inc) and 0ucz, _ :.. L; S , } e Town Council, Taos, Now Ie- iC : ni + (; 1';c;; I1(�xLco Laws O 1Q1�•�, Shatter 2"1' , ,)C;:�n'� CCt-,on- I•lo lle—' co Statute^ Anno'-atod , I ha� b Ordinance No. 221? a P1annvin- and Zon-mr, Comml�^:i.on, ',,7,'-'Ri.AS t a�}year i. the best t i� 1 t �; `, •, e c -,t; of the health ar; ) tho �JC;7C a=';7 tIC1i'ar0 �.:0 lessen cones talon in tI1 ,3treet,',, t0 !-)ocure f rot?) ,'il"0, p�lnic and other dangers ; to T11'ovide light an1,J air : to Prevent the overcrowding; of land-, 'L-,o un,liio concentrat{on oi' °)cmul.ai:i.on : to fac?_l tale '-ho adeit1ato t'1' t�'ansoo:! anon, water sevare, ^•C}1001? , T701'l:. inCj Otho-!-, mlbliC renili,remontp, and ,tllt.kEAS the Plantain^ and Zoning has r) _v ,led tII town �.n,',o d _atl=ictc in accordane(a with a coini)rehen-`.v c -ol,)n ,in,l }laS r'l_�'Cn ;=ca^nn�zl7lc COt1.^,7.(j @;'atl0'1, a1110t1r! Ot}1f?r tl�l.ilr �i, ';0 {:h^ charactcl= of Mho and tic _r nc ctal' r oti_tab'-1I.`;� :'or l?rt .Ctll?1' 117os, with a view to conscrvin,, i;he value a,-,-) ennourar-'1_nr- the most a:7nronrl.ate a^o o- 1^ncl throb^houi; the and ,>1ljsRT1�S 117e P1.ann .nr7 and Zot-vtn,,- Commwosion _lds made a nreli,,�'.nar:,, retort and has oublished a not LCe in an offl.ci a1 -1 newspaper, fifteern (1P-) da-.,^ in advance of a public hearing conducted to permit all. r)arti.ns in in';orest and citizens to be heard, and Z•J3IEMEAS the Planning, and Zoning Commission having submitted its final roport recommendations to the Toim Council, and THEREAS the Town Council lea, riven duo nubl_.I.c notice of hoari.n ;; i'cla'- itz to �,on nt- di:,tricts, rer(llat;:i_onc�, and restric - t—ions and h`r hold such t)ublic hear:in-.s, cnrJ TrI'I�: �i;AS all rectiiromnili; of >cction 1. E-2t3-9 through ltr-2r:-1< Of tlio Iles Mexico Sta',-,utue!; nilnoto ,(;!d 1�� � ;, with rm- - i;a the, o ' Zotl!_:7r', nn(] a,»ronr .ata rec;ulat:i.ons, and 1dC;, `.i'IIERE �Oi;;J BE IT OP,DAiNM B:f THP,' COUNCIL 01 THE '20'eIN OF ARTICLE 1 OFFICIAL ZONING MAF `.l}1e toin-i i.n hereby di".'ided into .',ones , or d .Stricts , as,, shmril on the Official Zonii,r- Hap wh:i_ch together With all �e',C:_la'ne aa - }leg( bJ adopted J'r a n C t'hereotl, ,o be a -)a-,'L; of Lh .0 o3-.,,l inanc e . ".'hc, Offic`_al Zoninf; Man shall be identi-fied bl,i the s i_f;nature of the I•Iayor attested by the Cit; , Cle2'];, 'and bear:inr tho coal of thn toff':tl l?i;t ov e l r I.1T� n n ;_ » 1 1- 9 the .f o 1oti;in t•,or(J�? . _lI _._ :i ., �,o c n. �, _ ,,lta Zoning Map referrOd i0 In Section 1 of Ord t_n%lnce Ii(zT,l]?r r _4 of t11e Tol•Tn of Tao^, Now Moxico, ': to,"r'th(lr t•tit:.h dat,o of i;iZe a.do7i;',-n,r or0i.rance . _T..g in accordance wi.tli the ;provision^ of thi^ arc] i.n,ane 2r1(] Arti.clo Ci.1;Ies, Towns ,Ind Vil.la�cs, New Vol!tmo ;:, chai,,-es arc ma(]e in boundari o- ;)l.' i-)att,�v on tho O.ff:tci.al Zonin;- Map, ^uch ch,mr-u— shall. ho mado on the Official Zon'n - Map prom l-l.;! aM";er t•he amenume11 t has bolt a-1-mroved b- Plannin :, and Zon-n? Cor .1,11.sci.o, w_j,i� on t;lle Of.t'le l-al Zoni:1,r- flap as ol.loT,,, : "Or. (date) , b; action of the Platln-in- and Zonii-1�7 Cormissior;, the f'ol1o;;:t_n:- (chan-,c) char,-on ore made in t.hn Official Zon:in(- Ma-- (brief description of nature of chanIr*e) , " -which nntr7,; ^Hall bo signed by the Chairman and att,,,,sted by the Secretary . The amending order shall provide that such change of amendments shall not become effective until they have been dul,; entered upon the Official Zoning Make. No amendment to this Ordinance, which involves matter por- trayed on the Official Zoning Man ihall. become effective unt-1.1 after such chances, entry, and authority for the clian,7o has boon made on said man . No shames of anTl nature ilhal_l be made i_n the Official Zoni.n,?, 11•In—o, or matter shown thereon except in cOtif()irl ii % Z•iit'll t1ip rrocc-dures Sot forth in 1;his Ordinance . Any unauthor_zed chatil-re of whatever �i.nd b;l any nerson shall be cone idered a violat-.on of this Ordinance and punishable under Sect ion of tvlil.s ordinance. Rogardless of the of purported conies of the Official Zon:i.n; 14an which marl from t imp to t irje be rilad e or published , the Official Zoning Man shall be ovailable onl,T :i.n the office of the Town Clork and shall. be the final as to tiie current zoning- status of lands, build ink*; and other 3tructuros in the ci_t11 . ARTICLE YT. DEFINITIONS For ;he purpose of this Ordinance, the following terms, phrases, word s and their -Jer-.:%ations shall have the meaninn jiver: herein. Section A. IiJTERPRETATIOP4 1. When not incons_:;tent with the conteXt, word4 -i.n the plural number include the singular. number, Woror, in the s.inf,,ular nt_tmber include the plural nu-�iber . �. The word "shall." :i s a11,ay^ mandatory and no`.; merel;l direcory. t Occupied , includes the s•;ovds used , intended , deci, nod i'or o-- arranr;ed to be occupied or used . 4 , Person, Includes a firm, association, orrani ration, corporation, trust or company a:3 well as an ind:.-Ti(Ijual. -j- Section B. WORD DEFINITIONS 1. Accessory Building or Structure: A subordinate bu.-lding or structure clearly incidental to and located ot, the same lot with the main building, not 1:1_mited t,) private [,,ararc, shed or arbor. :'. Accessory use : A use customarily i.ncidontal and subord in stry to the principal use on the same lot . Alley: A nabli.c thoroughfare which affords only a seconclax,v moans of access to abutting proncrty . ��. Anavtment house: A buil_din^ arranger . i.ntendcd , or desicnc:d t.o be occuniorl Y);J :'our or .nor ' �liT_i_lie'3 l tving ind­nendentl-y o? each other and hav i_nr separate cool_in,-, fal- _lit;os I.r each (It-;ellinf* ,.init . !�. Bachelor agartment : A dw,,IIi.rtr7 un'_„ occii i.<�d b" three (', ) or r.'orc nor. r.,ons of one se;:. !�. Board int; house : A bul.ld ink; cont.ai.ninT, not more than one kitchen t•,here .1'or componsat; ton meal^ are provided f'o?' three (.,) or rnore ner�o21� l>>.tr::,U3nt; to p.rovious arrangements on at. least a or monthl,,' bas-Is . For i;h<_ nurpa.,e of t,h-' ord3.nan,:,^ , whern the number of bo:t.rdorn are two (:' ) persons or less, such boarders shall be considered urs part, of the family . (See definition of and 1odgi_nR house. ) 7 . Building: An,, structure for the shelter, support or enclosure of nor^ons, animals , chattel^, or property of any kind , and when separated by d iv id i_n, calls, without openings, each norti.on of such s a � , builcii_n�;, so separated hall be deemed �. .�epaz ate bu:ildi nF;. Bulldin height : The vertical d i_stance as measured from the average f inighed Grade at, the buildi.nf"; fle': back lines to the point hying 1/'' of tho d i_ntance between the lowest and hi;host »oint on the roof, or in the case of flat roof's to tho top of the main bearing; wall. Building height as defined in this ordinance does not include steeples, spires, bell towers, etc . , radio and/or television towers. g. Buildinf�-,,, main: A structure having a roof supported )-; walls or b-., column^ housing or enclosing; the principal use on the lot; . 10. Buildin unit -_Troup : Two or more buildin-s, othor than di;e1.1_f_nnU , grouped upon a lot and held under ,91.n-le o-,morsh'lp, :such ,as schools, hos;7ital.c , in- st,it�tt;i.on^ , mu;?eumC , but not; 'l imt.ted to theme. 11. Carport : A structure not; completel;. enclo-,ed b;; ,galls for the shelter of autortnbiles. 12. Club: Any trembership orr;anizat, I_on catering e,.clusirel�� to membern and their guests and whose fac i l:i.ti es arc Limited to Meeting, eating and or recroational uses, and .'urt;her who2;e acti.vit*_-s aro not; conJuct od for monetar; r-aiti i.nclud inr but-. not, l_ r1.* t:^d ' o civic, fraternal, charitable, reli.�;l.ou � , ^oc ial and patriotic organizations . 1 Court : An open snacc that is more than, half surrounded b;r a single or more 14 . District : Any section of' the Town of Taos for the ' regulations governing the use of bui_l.dinf;s an-i s ;remises or the height and area of build i_ni;s and lot si3e are uniform. 1`i. Dwellinf;: A build ink decigned to be used as the living place for one or riore per�7ons or families . Dwe11i_n group : When planned Por '-tiro o?° r,io-°e buildi.n�;2 used for dwelling purpose^ I-,o 'nc located on one lots and not subdivilod into the cu^tomary street; and :lot . 17. Dwellir�� r,ultfi ple : A build in? arranged or designed to be occupied by two or three familie^ ,rich individual dwelling units (see Apartment House) . -5- 18. Dwelling, single family : A building arranged or designed to be occupied by one family (without more than two lodgers or boarders ) the structure having only one dwelling unit. 19. Dwelling unit : One or more rooms in a dwelling designed f'or or occupied by one person or one family f'or I iv in(; or .slee,D_ing ourposcs, and hav I.ng one kitchen or one set of cool:i.n�; facilitt.es . 20. Family : An individual or ',,ti;o (,' ) or more ;)ors ons related b;T blood , marriaF;c or adoption li 1v inr; together in a dwel.lin- unit,. For t;11e purnose of this ordinance boarders i.n i:,:cess of two ;shall reauiro the structure to be considered a boarding; house. (See definition of Boarding, and Lodging House. ) )1. Famil-y f'ar• . nz°od uc t;ion: The keep in- of s.Iore than one coy;, tiro ;oat-", two horses, four rabbits. t:(an chicken;;, toil ducks or other barn;jard animals shall require it to be a farm o.r agricultural unit. 22. Fillint; sta ;;ior : Any building; or principally for the storing, di.spcns:`.ng, -ale or of'ferinry f'or sale at retail, Fasoline, oil and/or fuea.). Floor area: The aroa included —I thi n '!he urround Ing; walls of a building, measL�i°ed from outside to out:-,i.de, excluding vents, ^1-iafts and cour`u s . ?fir. Floor area , toss : For tizc purpose of 'U I ord -- nance, the s�ims of all the f'l.00r areas of.' a building or buildings , moas arc;d .from the exterior of the supporting walls, including; all acccssory bu i.1d i.nrs on the same lot. "�. Gallery.: A room or rooms for the e;:hibit on, duct-Ion in,]/,..)r sale of ,dor1--" of art;. Coll-ect:i orss oi' paintincrs, pictures , photographs and other works o" art which ma;, or t.ia,! not be produced on the premises offered for exhibition or sale. -6- 26. Garage, commercial: Any building or structure where automobiles, truc:;s, tractors or other vehicles are stored, painted , repaired o;- equipped for a charge and where the service and sale of gasoline and oil are incidential to the principal building use. 27. Garage, private : An accessory building; desif~ned or used for the storage of not more titan three ( ) motor driven veiz:i.cic ;, and usod 1W1 the occupants of the build.-M^ to ,which t is ac�ensor;, , not more than one o.-'L" t>•ie vehicleo ma;1 be a commercial motor vehicle of not more than two (2) tone cac ac i_t,, . "�. Golf' course or club: T,'ine or eighteen izole courrye, ,Which ma,, or ma;' not be associated with a club house, but r.ot; including; minature cou,.-3as or golf' d 1''i V 'i tlr; rang e,3 . Grad The av, crate of the f'inished �;��ound lev el at the center of all walls of a build i.n;-,. In the case of walls parallel to and withi.rl - ' foot of a o ide- ,;alk, the above ,pound level shall be treasured all- the side;ialk. '10. Group house : One or more bu-i ld:i.ngs or: the st.me lo=:. not more than two and one half ( ' l/ ) ,tories in height containing., dwellings units arranged around the stales of a court: which opens u:)on an officiall-/ approved street o» glace. 1. Guest: : For the pup-pose of this ordinance a nerson received for enterta_nment at a hotel, '_nn, riotcl, boarding* house or rest home upon cus,,omar;i terms. �'. Guest house : Temnorar; living quartors within an acce3sor;,, build ing; located on the same premises with the main building, used or occupied by friends or relatives of the occupants of the main bua_ld ing, not hented or not otherwise used a:- a se-oarate dwelling;. -7- 33. Home occupation: An occupation oi- business carried on entirely within a lot by persons residing within i the lot in a residential district and where there +1, is no visual indication from outside the building or lot except one name plate which is not more than four (4 ) ;;aua.re Feet in area, that the occupation is being: carried on therein, nrovIded no mechnical equipment :i.s installed or used except. such that 11-s normall;,� used t'or dor ost;ic or household rurno^es . Household not— : Anir:tals or birds ordlnari.1,1 nermi_tted ir. the l-ouso and 1,,ent for comT)any or nleasure .in tine house, but not limitod to do;;s , cat's, cana_ ia-, or naralcoets . Junk.: Wont )Lt and discarded material '.r. ret:erul that ma;; D turned into soar, use G;In , anal ends, old iron, *ncludinr but not lime tod .c old rop., iron, oprze'z°, m acIZ'ne Y)art- naner, rar^ and old or z,-rocked autonobi.les . Loading- snacc An, off".-r7._ tree, S;oace available ror the load inr and unload i_nM of 4;oo(-';^, not 7.e;s `lian 12 feet wide, 21) feet lone; and a m_.nimttt� vertical clearance of 14 feet and havin, direct access to si-reet, alle;., o:., lace. ;7. Iod ine or rooming house: A buildi.nr. where lodri.np, on1v is nrov ided for col�nensation customa.ri.l; by the weelc or t'lionth to three N or ,:;ere, but nc6 exceeding t.en (10) ;.rsons, in cont� ad -Ist,inct.ion n to hotels onen to transient truest^ . " , Lot : A »arcel o:: land occupied o_� nl.antzed for occupancy b;, a bui7.di.nj* or building- un_': f-roun ,.,i.th such ;,7ards, courts, open snacec, lot, -,tidth and lot area as requ:i.red by this ordinance, havi.nf; frcntal:e on the street or upon a right-of-eras! a-oprov,,)d b,, t lie Tov-n C ounc 1.1. �g. Lot, corner : A lot situated on the I.nterr;ecti on of -8- two or more streets, having an angle of intersection 4 of not more than one hundred and thirty five (135) degrees . 110. Lot, interior: A lot other than a corner lot . 111. Lot line, front: The front boundary line of a lot bordering on the street,. In the case: of a corner lot, the n1do borderin,; on the street. A-1 i.ch has thc; :shorter d1mension shall be tho front; lot 11-na . 42. Lot, line , Fear : A lot; line ti�;h:ich is rn)no:,i_tn and most; distant from '„he front; lot; line. In. 'U-he c;a:,,e of an '. rrCj itlar, tri.anj;ltlal', or gore-slimmed lot, the "ea.' lot line ;hall be a line •,�ittlIn the l_ot, nara.11el to and at the m um 6istance frot7 the a'ont lot l:i.ne, ha•,�f.nr a lcn�U o.1 at least tcn (10) 'get 1 Lot 1i ne , sid e : *n- lot bound ar,, linc, not a iron„ or a rear to line . •r`r• Lot. , denth: The izoriZontal distance bet oon the i'i°ont and rear lines, measured along; the med tan bet ;;enn the two sidc lot; lines . Lot , width: The horiZontal distance between the side lot lines, measured at ?.'ij?11t antle^ to the lot depth, at. a point midwa;: between the front and fear lot. line-. . 116. Lot of record : A lot which is hart o_' a subdi•a -sic'n, the man of which has been recorded in the office of the Count`; , Clerk, Count,! of Taos, or a lot; described by means and bounds, the descri.pt_i.on of -. hl.ch has been recorded with the Count,; . Clorlc, COlu:t,y or Taos. 117. Non-c onf ormin,, bui ld ing. : A building or structure, or portion thereof, lawfull,; e.:ist i_:lj- at the t_me thi^ ordinance became effective, which -,gas des_j'n�d , erected or structuall;y altered for a use that does not conform to the use a?er-ulati.ons of the Zone in which it is located . -9- low 1Ff..'. Non-conforming,. use : A use which lawfully occupied a building or laud at the time this ordinance became offective, and which does not conform with the use regulations of the zone in which it is located . Mfg. Parking; area, private: An open off-street area of land used for the parkin; of not more than three, CA ) motor vehicles used b;,T occunants including emplo;rees of a buildin t.o which such area is ap n u 2.1 t a na nt . '10. Parki_nr, area , Public : An oven area, other than a street a !ed for ',:,h(,, -)ar]:-_I.n(-r of more than three � ) t'lot.or vehiclec ) and available for �-,encral nublic use or i.ncludin" customer use, and for ;;ha_ch use a charge znay or ma,! not ire made. 1. Parkinr y ;race : A space of at least on�� hundred y 0 _feet. wi l.11 y, ltl a lot, fo}- ';11 E? i7 arli.In rj or stora7e of one automobile, having adequate ni,o-,;i s i o n i'or st,reet ingress and err.ress, -."or a stan- dard st.Ze automobile. Place: An onen unoccupied Apace, other than a ,street or allay, permanently reserver! a^ the n-,­ _nc_T.- pal meant; of access to adJoini.n�; n.onert'y . Public util_tv : An�7 office, numpl.nr- :,ta'_ ion, cotnmunicaton cer.t��r, di_str�i.bution or trap^fir facility, or other management, or onorat'.onal need for nower, communication, fuel, water and sewerage, but e::clusive of ,),_�od tic tion or disposal plants , storar,e �rard or 3upnl;� baee, unlesc otherwise provided for by thi-, ordinance. 54. Setbacl:: The shorte^t horizontal di:-tanco be-'C7 een the boundary r)f a lot- rind the build inr or -tructuro or nart thereof. Sigh obseur_nE fence or wall: As used in this ordinance 14 a fence, wall or hedge of not more than silx feet; in heirht orected on a lot, at. or near a stroot i n•,;ersect'on, obscuri_rtr: the mini num sight distance of automobile drivers as requi.recl i.n tine -•10- State Traffic Code . When over 6 f®t in height to be considered as a building or structure. 56. Sign : Any word, numeral, figure, design, trade mark or other device which is used for the purpose of visually bringing the subject to which it is appurtenant to the attention of the public while viewing the same from outdoors, with the exception of holiday or celebration decorations and the d ispla; of the Aver- can Flag. V'(. Sign area: The total area that will contain the entire rs ij;n ^_:clud ing architectural embellishments and ^upnort,s on no i then of which there is displayed an y adverti:,i.n; material or any iir,htinr-- ; for nro- iecti,-ir or double Faced signs one display face shall be mea-lured In computing total ^ir-n area. Stable, •orivate : A stable with a capacity of not more than '--ao P) animals. Stable, public : A stable other than a ,7rivate stable w-11-.1i a ca,,-)ac -.7t,;; of 1,hr(,,e (-z ) or more animals . * 60. Studio: The working space of a painter, :,cull)tor, or other artist, limited to the production and -ale o ' the ,Yorks o.1 Qa id painter, sculptor or other artist and to one occupational emplo gee. 61. Street : A t'horoul;h?•'are ;Bich has been ded i-cated to the nubli_c or ti•;h:ich ha-s been made nubli.c b-i riFht - of-use and which a,'fords the nrincina7, mean—, of access to abutting property: . vt_'. Structure: Anything constructed or crected ;rhich i s either located on '"he ground or at`,achedo somethinf having a location on the ground . Structural alterat-on : Any chanr,e ii tic ^uT)�or,- _n members of a building, such as bearing walls , or part=_' ion^ , columns, bear:ic, or ;j_r1.ler;,, or all,: subntanti.al change r. _ tlLe roof' or e::terini- Tourist came : band used or intended to U^ uned , 1(�t or rented for occupanc;,i by campers , or or occupanc;; -ll- by or of trailers.. tents or movable or temporary dwellings, rooms or sleeping quarters of any kind . The parking of two or more trailers will be termed a tourist camn . 65. Tourist court: Includes motel, mo-uor lodge and auto court . Any building or group of buildings containing sleeping rooms, with or without cooking or eating facilities designed for temporary occupancy usually by automobile travelers . 66. Tourist home: A dwelling in which room or board , or both, are offer:ad the travelling public for com- pensation limited to sloep-ing, of not more than ten (10) persons, in contradistinct-.Lott of a hot(,,,l. �;`i'. Trailer: A rCSidence, hou-e Ca'r, cage.) ca:�, er at; 7 port:able or mob .le Cehwcle, ati?.mal, O ' ot:her 'inro- nell n;; annartus, which is irsed i'or r2s.!.den` j.al, comr.ercial_, hauling or storm^c ��o� ^, and after rep'erred to as a tra11or. 66. Trailer :ourt or came : Same as "Touri.^t; Q. Trailer ;2r,,,_. Land 1 :Cd 0. nO ,il o div:_dad into sites, a%!erar`_,. feet; :rhi.cn Include-_ na-rhit-l- s-once, `?cces and culat.in - road , and open space. -'0 Wall ec^oi�: A � . 1- ,-..a r a,; obe, r Walls , �1�C ,� i•i 0I �;. J I t"i liC Ll... ;7 stone, brick or other material intender] for :-ecu_-'_° privacy, rrotection, or for an enclos,xro, or to be erected for the purpose of diverting or re"ulatinn nedestrian or vehicular tra�'fic, not, over 6 fee': 'n het-j-it , r'1. Yard : tin oven unobstructed space or. _1 to i-, ^`;' 1, than a court:, unoccuried and unobstructed from i, 1e ground uT)warrl o cept as other,, .se ; 1.?) Vard , front : A space on the same lot. ;i t?: building bc•tweon the front; 14-ne of the an, prD40C1iot: thereof, other than ^t,e ns, bal^onir:s -12- or unenclosed porches, and extending, across the full width of lot. The depth of the front is the minimum distance between the front lot line and the front line of the building. 7 Yard , rear : A space on the same lot with a building between the rear line of the buildinr; and tho rear lot lina and ef.tcnd .nr; the full width of the lot. TI-le deT)th of the re-ar :yard i o the minimum d iotance Between Lhe rear lot line and tho rear line of the build inc,. 74. Yard , side : A space on the sane lot with the bi_ ld in[; bet,,;con the c id e line o..-' the build inrr and ':.he side lo;; line and extending fi-ors the front ;rar:l '�o the rear ,lard . The minimum distance between t?ic side lot line and the side line of the build `nf. ARTICLE TIT.. Soot.i.on A. In order to promote, regulate atzd control the i.cirht, number of stories, and size of building, and other structure:, the `iercentago of lot that may be occupied , the size of ;lards, courts and open spaces, the dens-' ", of population, and the loca- 1.1on and use of buildinrs, struct.urn;; and lands for Grade, ind�.isL?�; , residence of other purposes, the Town of Taos , New AiC:;ico .^ herebti divided into districts of which there ;hall be in ritimber )tno,vn a3 : R-L--Residential, L ,;ht R-1.1-Residential, Iiedium R-D--Residential, Don3e C-C--Corinercial, Central C H--Commerc ia1, Hi.-hway Peripheral I-L--Industrial, Light d L-W- -y+� usfir�el, ��e�rY f r/cct/fu�l� -1, Soction B. The boundaries of the districts upon the Official Zoning Map made part of this ordinance under Article I hereof, and in interpretation of the district boundaries the following rules shall apply : 1. Boundaries i.nd icatod as aTmrox-ma'-el; follow i.nr tho center line^ of stroots, hi^,hwa,,c or alley-- shall be construed to follow such center. lines . 4?. Bounoa_rie:- inci.cated as ar�pro;.imafiel, followi_nc. platted lot lines shall be construed as following such lot, lines . Bounda��4ns :indicated a � f0110w1nr streans or �3itche ; shall be construed 't;o be mid,,w,, bet;-.een fl e stream banks . Distances, unless s;:eci.f call,, indicated on the Official Zon�ing Map shall be determined b,t the, scale of the man. Any areas shown on the Of°ic ial Zoning; Flap a; park, nlaV^round , schocf, c,?metery, water, street, or r Of W'W' :;, shall be sub;.'ct to the onim- ,°e;r--!ila— one of the district n ;,hash the,,i are loci` c9 . In case of doubt, the 7( n.ins- r•o7ulat:i.on—, of `;lie too^t restricted ad loini_n-, di t,a icr -1ha11 7overn. Whenever and, ::greet, _.11e;', or other n tbl i c wa;? -i vacated in a manner <iuthori_:7,ed by law, t.�e ,oiiin-- d istric'c and its regulations ad , o.i.ntm-, each side of the sf.roet.. a11e;; or nubl c wav shall. automaticall,7 extend to the center of such vacation . 7. Where the street or nronor. `; la; out e.. istinF, on tho "round varies with 'k-,ha', shown on tie Official Zoninr�, man, or in other circumstances not covered by sub- section (1) tlZrouf*h (6) above, the Taos Plannin.r; and Zonin!; Commission shall. interpret• the d-1.str1ct boundaries . -14- Section C . i A17_ territory which may hereafter be annexed to the Town of Taos , Now Mexico, shall be subject to all of the rogu- lations of the "R-L" one-half acre single family dwelling district until otherwise changed by an amendment to the Official Zoning, IYIap as provided in Article I abovo . ARTICLE IN. APPLICATION OF 'LONE REGULATIONS ARE TO BE ENFORCED E;{CEPT AS HEREINAFTER PROVIDMi . Sec Ion A . No person ;hall u3c any tir. emt;ses for a use other than those -oormi.tted In the district in which :such premises are located . Section B. No build" ng, structure, or land shall hereafter be used or occupied , and no building or nart thereof shall her. eaf'tcr be orected, constructed , recon.-tructe'd , altered , or moved unless in comform7 ly with all of the regulation., herein speci_f i.ed for the district, in wni.ch _'_t is loca t:ed . Section C. Evers; building hereafter erected., enlarFed or true tu- ra11;, altered or moved sliall be located on a lot as herein d efined and in no case shall there be more than one (1) ma-°n buildi_nr on one (1) let . Land that is part of one lot and that is not in excess of the district regUiremen`,s f'or tha- lot shall not be used to satisfy the 7rea reeuLrc- ments of another lot. Section D. No part of a yard , or rt.he.° open space, or off-Street narlting, or loading space :,oqui.red about or :ln connection wilth any budding for the purnose of comnlying 3,ith this. ordinance , shall be included as part of a ,yard , open space, or off-street parlcing or loading space similarl„T reclui_red for -15- any other b a ild i_ng. >t Section F. N,) ,yard or lot existing on the effective date of this ordinance shall be reduced in size or area below the mini- mum requirements set .forth herein. Yards or lots created a1'i_or tho effective date of this ord finance shall meet at lea^tt, t,iic min _mum requirement, of this ordinance. Section F. �iit;hi.n each zoning dintrict, the rerulati.ont set by this ordinance shall be minimum rc7u-i.remcntc, and shall an �l;i uniforml-: to oach class or lcind of land , bu=ld ing or sti,uctiirc . ARTICLE V. NON-CONFORMING LOTS USES APM STRUCTURES Sect;i.on A. When v ithin t:h, various distracts establi^;zed bri thi_^ ord inance or amcndmentc that m, a-i be later ad off.ton there e1;-.1 st lots, structures and u^e^ which were lawful before this oi,d _nance was passed or amonded , but which would be ,oro- ni.b:i.ted under the terms of this ordinance or future amend - ment, it is the intent; of this ordinance to : 1. Continue these non-con_°ortnint>s to continue until they are removed . r?. Not encoura"e their survival or pernetuati­m. Insure that the non-conformities shall not be enlarr ed upon, expanded or extended . �E. Not hermit the non-conformi_tiec to be used as grounds for adding other structures, or use,-, -nrohibited elsewhere i_n the same district . 5. Not permit the attachment; of ad& onal sir-nn to building, or the placement of additional s _3ns oM displa�7 devices on tho land outside the buildinr;, or permit the addition of other uses, if such additions are of a nature which would be prohibited renerall;: in the district involved . Section B. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual and lawful construction had begun prior to the effective date or adoption or amendment of this ordinance and upon which construction has been diligently carried on . Section C. iron-conforming Lots of Record in any district; in which singlo bmi1;; r)wellings are permitted , not withstanding limitation-, imposed by ot;lter provisions of this ordinance, a single-family dwellinz and customary acce^sory bui_ldi.ngs ma- be erecter) an such lot of .record on thy; date of this ordinance PROVIDED such lot is _n separate ownership and not of continuous frontage ;ai_th other lots in the same ownership, except as may be otherwise r)rov id ed herein. Section D. Non-conforming structures destroyed by an;, means to an extend of fifty percent; or more of its replacement cost; at the time of do-Struction, shall not be reconstrcuted except in con- formity wlt.h the prov is ions of this ordinance. Sect;i_on L. When a non-conforming use of land , structure, or premi c e3 ..n combination, is discontinued or abandoned for 121 consecutive months or for 12 months during any 2 year period , the land , or structure or premises in combination shall not thereafter be used except, in conformance with the regulations of the district in which it is located . ARTICLE VI. DISTRICT REGULATIONS R-L Residential? Li ht . The regulations set forth i.n thi-; secti.on, o' set forth elsewhere in this ordinance, �r�her. referring to this district., are the "R-L" Light Residential regulations . ThI.s district is primarily for residential use-large lots and open spaces . -17- Principal permitted uses. The following uses are the principal uses-by-right in the "R-L" district: 1. Dwellings 2. Schools, public, parochial, private, non-commercial. 3. Churches and Sunday Schools 4. Parks, Playgrounds 5. Nome Occupation, Studios or Professional Offices conducted only by residents living on the premises and not exceeding 600 square feet and not more than one occupational employee. o. Ranching forestry, agriculture, including; usual bulldln7s and structures Veterinary Hospital and Kennels 8. Accessory buildings and uses customarily Incident f to the above uses . Uses permitted only with Planning and Zoning Commission Approval. The following uses may be permitted after request to and written approval b,,7 the Commission : 1. Nurseries, Greenhouses Stables and Riding Academies 3. Golf Course and Country Clubs IL . Public Recreation areas or facilities 5. Cemeteries and Crematoriums o. Hospitals and Institutions 7. Studios and/or Home Occupations Public Utilities, other than those defined . Temporary with Planning; and Zoning Commission Approval. Construction buildings Mobile Home Trailers subject to annual permit. Intensity of use The minimum lot area per dwelling unit shall not be less than: a. Where no public water and sewer is available, one (1) acre i� b. Where public water only is available: one-half acre (21,780 square feet) . Maximum lot coverage The total area of lot coverage including main and accessory buildings shall not exceed 70% of the area of the lot on which the buildings are located . Minimum lot width The minimum lot width allodable, expressed in feet , shall be 100 feet for one dwelling and 50 feet for each additional dwelling unit. Setback: No building, accessory structure, or other sight obscuri.nf; foature exceeding three feet; in height shall be per- mittod on any corner lot within a line fifteeen (15) feet back of the front; and side line intersection. The height to be measured from the curb or s_dewalk elevation or at 4" above the center of the street;. Maximum build inr heiP-_Iht No building or structure shall hereafter be built or structurally altered in this district to exceed a height; of feet except as covered under the provisions of this. ordinance . Off-street parkin; required : Two (2) vehicle spaces, per d�re11_inF- unit. P R-M Residential, Medium. The regulations set forth in this ordinance, when referrir.�-, to this district are the "R-M" medium residential regulations. This district-, is for standard residents 8Ll use, a -uide for new subdivision, etc . Principal permitted uses : 1. All b-,� -right uses permitted in th. "R-L" district . 2. Community Center, other Public Buildings . Studios Uses permitted only with Planningand Zoning Commission Approval : 1. Nurseries, Green Houses . -lg- I 2 . Private Clubs 3 Hospitals 4. Institutions 5. Country Club b . Public Utilities 7 . Mortuaries Temporary ,_ with PlanninS and Zoning Commission approval: Construction buildings Mobile biome Trailers subject to annual permit. Intensity of Use: Minimum Lot Size The minimum lot area per dwelling unit shall not be less than `(000 square feet per dwelling unit . Maximum Lot Coverage IThe total area of lot coverage including main and accessory buildings shall not exceed 40;' of the area of the lot on which the buildin!7,9 are located . Minimum Lot Width The minimum lots width shall be 0-0 feet for one dwelling, 30 feet for each additional dwelli_nr;. Setback No building, ac::essory structure or obscur i.nr feature exceeding three (�,) feet in height; ^hall be permitted on any corner lot T;ithin a line fifteen (15) feet back of the, front; and side lot line intersection. The height to be measured from the curb or side,ialk or at 4" above the canter of the street. Maximum Building Height No building, or structure shall hereafter be built or stiuctually altered in this district to exceed a height of 35 feet except as covered Lndor tl-,.e provisions of this ord inancc,. Off-Street Parking Required One vehicle space per o elling unit. r i R D Residential Dense The regulations set forth in this ordinance, when referring to this district are "R D" dense iesidontial regulations . This district is for multi-residential use, apartments, group dwellin , and single dwelling units on small lots . Principal Permitted Uses The following uses are the principal uses by-right in the "R-Ii" district : 1. All by-right uses permitted in the "R-L" and "R-M" di str'cts--extent Veterinary Hospitals and Kennels . Uses Permitted only with Planning; and Zoning Commission Apprcv al: �. Nurseries-Greenhouses Pri r a t;e Clubs Hospitals �F. Institutions :�. Arts or Crafts Shop u. Galleries �. Public Utilities Temporary Use with PlanninF, and Zonings Commission Approval : Construction Buildings subject to annual permit . Intensity of Use Minimum Lot Size 200 0 square feet per dwelling unit. Minimum Lot Coverage Minimum lot coverage including main and accessory buildings shall not exceed 50% of the area of the lot on which the buildings are located . I.laximum Lot C ov era e The total lot coverage of main and accessory build in; s shall not exceed 50% of the lot on which the buildings are Located . Minimum Lot Width The miniu,um 'lot width shall be 0 feet per dwelling unit . t +� Setback No building, accessory structure or sight obscuring feature exceeding three (3) feet in height shall be permitted on any ocrnel lot within a line fifteen (15) feet back of the front line intersection. The height to be measured at the curb or sidewalk or at 4 " above the center of the street . Maximum Building Haight No building or structure shall hereafter be built; or structually altered in this district to exceed a height of feet, except as covered under the provi3ions of this ordinance. Off-Street Parking Rea aired One vehicle space per dwelling unit. C-C Commercial Central Business District The ref?,ulations set forth in this section, or set forth elsewhere in this ordinance, when referring, to this district are the "C-C" the central commercial district rogulati.ons . `?'h,_s district is primarily for the plaza and nearb:7 surroundS.ng area for a general shopping and business purposes . Princinal Permitted Uses 1. Any use by right permitted in the "R-D" district :?. Galleriea, Arts & Crafts and Curio Stores General Merchandise, Drug Store, Market 4. Spec ialty Shop '�. Restaurant, Dar, Lounge 6. Hotel, Motel 7. Exhibits, Museum :3. Production sales, Displays 9. General Business Offices 10, Bank, Real Estate, Insurance 11. Barber Shop, Beauty Parlor 12. Parking Lot -22- Uses Permitted Only with Planning and Zoning Commission Approval: The following uses may be permitted : 1. Private Club 2. Resort or Lodge ,J. Public Utilities 1+. Hospital 5. Mortuar;T u. Theater-Auditorium Passenger Transportation Terminal Temnorar,/ with Planning, and Zoning Commission Approval 1. Construction Buildings subject to annual permit 2. House or commercial. trailer subject to annual pert-Ii.t Facilities for Ceremonials , Indian ]fiances, etc . Intensity- Of Use Minimum Lot Size 1000 square feet per dwelling unit. Maximum Lot Covera w The total area of lot coverage shall not exceed 711-51j' of the lot on which the main and accessory buildings are located . Minimum I,ot Width Minimum lot width per dwelling unit sha.L' be not less than 30 feet . Set Back None- except at corner lot in the case of a sight obscuring feature being planned for construction creating a hazard to pedostrian and automobile traffic . The Planning and Zoning Commission shall require a set back to a line f;.fteen (15) feet back of the front and side line intersection. Maximum Building Heim rat No building or structure shall hereafter lo built, or structurally altered in this district to exceed a height of 50 feet, except as covered under the provisions of this ordinance. -2 1 Off-Street Parking Required A minimum of one (1) vehicle space per dwelling unit and one (1 ) vehicle space per each 200 feet of commercial floor space. C-H The Highway or Peripheral Commercial District The regulations set forth in this section, or set forth elsewhere in this ordinance, when referring; to this district are the "C-H" rules . This district or classification is primarily for thoso commercial and busines^ operations requiring space, access to trarisnortation streets generally not available in the central business distr.`Lct. Principal Permitted Uses 1. Ant; by-right use permitted in the "C-C" Central Business District. An-7 use sub;ect to approval of the Planning and Zoning Commission as authorized for the "C-C" zone. '�. Markets 'i . Service Stations �,. Printers, Publishers 6. Garages 7 . Manufacturing (limi-ted to 5 employees) t3. New and Used Auto Sales �. Mobile Home Perks 10. Trailer Cami)s 11. Motel, Lod7e, Resort 12. N ; ht Clubs 13. t4obile Home Parks 14. Radio and Television Studios and Facilities 1. Lumber and Other Storage yards 1b. Trailer Sales 17. Accessory Buildings, 18. Recreational Facilities (Private and Public ) i Uses Permitted only with Planning and Zoning Commission Approval The following uses may be permitted after request to and written approval of the Planning and Zoning Commission: 1. Drive-In Theater a 2. Junk Yard 3. Bulk Gas and Oil Sale and Storage 4 . Freight and Express Terminals Temporary with Plannint-,and Zonin , Commssion Approval Construction building subject to annual permit Carnival, circus subject to permit; Tent for meeting, su1,jest to permit Intensity of Use I.linimum Lot Size Determined by business needs, service stations shall have a r;inimum front line of 125 feet and side line of 0 feet . Maximum Lot Covera[re The total area of lot coverage shall not exceed 1110% of the lot; on 01hich the main and accessory build in,-; a_�e located . P.linimum Lot Wi.d ch As required . Setbacl: The setback in this zone shall be a minimum of i0 feet, from the front lot line and a minimum of 10 feet from each o" the other lot lines (side and rear) . IYlaximum Building, Height No build in,^; or structure shall hereafter be built or structurally altered in this district. to exceed a height of 50 feet e.Icept as covered under the nrov isions of this ordinance. Off-Street ParkinF Reguired A minimum of one (1) space per dwelling unit and/or one (1) vehicle space .)or ',?00 square .feet of commercial floor space which may be a combination of all vehicle narkinE; space in the Central lot . i I-L. The L- Vht Industrial District The regulations set forth in this section, or set forth elsewhere in this ordinance, when referring to this district are the "I-L" rules. This district or classification is primarily for lr.dustri.al Use^ of considerable eiin7_o,nn ant scone and not considered detrimental or a nuisance to ad joining, propert,�,. Prineinal Permittod Uses Manufacturi.nr; Laboratories F;od Processinc- and Mullin;~ Freight and Express Terminal Radio and Television Studios and Facilities Storage Y..ards, provid-ed thc;j are completely enclosed b-y a solid fence at, lead- b If"eet i.n he.Lnhi-• . Acces-orb° Ilu'ld:i_nrrs DZ•;ella.n ; for caz-etak(--'r oi° watchman purnose^ only Uses Permitted oni itr Planninf7 and Zoning; Corimlf7sior. A nroval_ `i'hc, i'o11ow Ln- uses may be ',JE':'P]:_teed 1"t...-r rQC]u t.o and '„.L"'`t ,en ax)•oroval of the Comi:lission. 1. Drive-in Theater 2. Trailer Camp or Court �. Utility Plants and Yards 4 . Disposal Facilities Tomnorazy with Planning and Zoning C:)mmission Annroval Construction buildings sttblect to annual porniit Carnival, Circus , sub,iect to nernij.t: Tent, for m,Cti.rt;U, subjact to permiu Intensit,7 of Use Minimum Lot Size Detarminod b,, Industrial or Coiaino1 c?-al I:eed . Ma;ci.mum Lou- Covera,7e Total area of lot coverage :.iZa17. not �_ of the lot; 011 lv 1__Cil the i;la-Ll1 and aCCt1^•`�01';.' �JU'+_1C) 'il�'” L locatod . -2u-- Setback 1 .r The set.bacl: in this Cl .:3trict shall be a minimum of 30 feat from the front lot line and a minimum of ten feet from each of the other lot 'lines (side and rear ) . Ma;;it�flum Build -1-n^ IIci.�*ht P?c bui•ldin-, or structure shah_ hereafter be built, or ~t;r'IZCtIrY'a11.y alt;C1'CC], in th'.� district�tI'i.Ct t`,C1 (?xCE?C(7 a height of -.,0 oo t, except; a;3 otlie" •rise covered under the provisionic of this ordinance, and on request to and written approval of the Plannln�, and 'Loni_n^; Commi.^si.on, provided that the Industrial or Commercial operation in E;er.eral requires a greater he-1-111t for its -}pec7fic purn- Onr3- . Off-Strogtu Parl:i_rr It minimum a-' one (1) %,ch .cle nnace peace square feeU of industr_al or commercial floor sl,ace. H-I Heav'_ Industri.al This none permits all industrial uses i.n the I-L D-Istrict a^ ,;ell as certain add i_ti.onal user as follow: 1 . An mal by-products Manufacture or Processing; Brea:er,/ !f. Bui.ldin7 material manufacture oil fabrication � . Concrete Block Concrete, Clay, Gyp,-um or Plaster, ;Mood Insulatlon, Cement, Chem-.cal^, I•1anufacture Manufacture or Processi.nr; dumnlnr of nn1; wa�;te, but by porml.t onl-. 6. Electric Power Generating Plant, j. Fruit or Vegetable Product Manuf acttarr, Cann,�nr, Pact-inr auto Junk Yardn , includin^ � ,o wrecl;infT, e ;ce �t on1.;a when removed 500 -feet from any arterial hic*h3•ra;l anr7 encloved by a foot so1 .d fence -27- �. Meat Packing Punt; or Slaughterhouse 10. Paper pul;o Manufacture 11. Petroleum Refining and Petroleum Products 12. Sawill or Planing mill 1; . Sewage disposal Plant 1', . Stock.",arils or feedln(- lots 111 . StoraF.,e and heav,,,r conotruct:i_on yards Setbacks Minimum yard setbacl:n in the Ti-I d ictr. ict shall be as follows : Front ,,and notba.ck, 1)0 feet ; except inr; only ,junk ,cards for vhich min-1-mum front yard setback shall be 'I QO feet ; ^:ide 771 rd setback., 0 feet. ; rear yard setback, 20 feet. Maximum Building I3odi i-laxii-mu,i bulldin,r* height, icZ the Heav; Industrial District; shall be 5_C feet unless otho.rtiriye approved b;� the Planning and Zonin^ Comc7insi.on. Ma.:irium Lot Covera.nc, Maximum Lot Coverage in the H-I District: shall he not 'n excess of 50 d'. Off-Street Parl:injy and Loadi_ln^; Re uirement:i Off-street. narlcing and load i.n`:, .reouirements small. be one earl::tn� �Uoaco i'or mch 400 �nquare feet of Cross _°loor area in the iInavy InduCtrial Districl- For the _ju,,,pose of providing s=;pace off oi' tho, ^erect for leading or unload in t7oods of an;! tZ°;,c, one ;pace shall 'oe required i.n all. for any use with a ;rccs floor area of ten thousand cquarc feet or less , including outside ^torane of r-oo(] Ii'ach load -.ng :space shall measure at bast ten feet high, b,' thirty-five feet lon *, by .fourt-oon feet i.,ide . Furthermore, each induatr'_al l usines^ or commercial use shall nrov ide an additional snace for each fifteen thousand z! uare feet or fraction thereof -28- of gross floor area over and above the first ton thousand sauare .feet. Agricultural. This district i_s des _rned for a7ricultural, farming;, f'or(-: ^t , recreation and othor w)on usos that reru'.re protection frori oiicroachi.nn business, industrial and urban r7r1n^ ;.t;r rosidential Permitted User 1 . Dt;e1� i.n�*s 2. Schools, Public, Parochial, Private, Non-Com.iorcial „i. Churches and Sunda, Schools 4. Farm-.m7, Fnre st.ry, A~r 11 c tilt.tire, Buildings clnd Uses necessary for operation :�. Dairies 6. Sales of products that: are raised , produced and processed on the nrrmise 7 . Nurseries and Greonhouses Stables and Riding Academies �. Golf Coursesand Country Club2 10. Pub1-i_c Recreation area-:, or facl.11ties 11. Addit:i_onal uses, b;,, anr)roval of PlannInr and Zoni_n(7 Commission only. I.P . Accessor; uses including~ garages for the F;tora^o of aut.omobi_les and or commercial vehicle - . and i.ncludin;- the maintenance onl;t of vehi.cl_e^ iimasod on the -premises, Atltot7obile parl-'.nr and load i.np; space, Home occurations or profs Ui_onal o.f f'_ces but only When conducted by resident^ li,- in(. on the prem:ines and not, exceed inr '500 square feet; of groos floor area , Accessory buil�i i.nt;s, structures or u^c, required in addition to and in conjunction oi.th an-i use-by -right in the district , Minimum Lot Area i The minimum lot area per dweliing unit shall. not be less than three (3) acres whether public water and sewer are available or no t . M. nimum Lot Width Minimutrn lot wielth in the A-Agricultural district shall_ be 200 feet per rl;;ollin[I; unit. Setbacks All buildings shall be se bract: a minimum of the followi.nF di stances From the property lines in ;.lze A-A� ricultural. District : front ;hard cotback, 30 feet, side yard setback, 10 fret for Jwelli.ngs and accessor;i uces , 30 .feet for all other rises, rear yard setback, 20 feet for dwellinns, j0 feet for all other uses, 10 for re:zidential acccssor�i uses . Max�_mum Build ;_t g Iieigyht: Tto ria,-:imum buildi.nf; height; is impo ses in the A-4gricultural Maximum Lot Covera e Maximum lot coverages in the A-Agricultural zone shall be ARTICLE VII. SIGNS ARID OUTDOOR ADVERTISING DEVICES TIo sign^ nor outdoor advort,inin-- devices shall herea4'1-er be eroctcd , al_tcred , ma l.nta:'_nod or moved , unlc^^ such ;; lrn or clevico shall con"orm —jL h the follm-r-Ing regulations . No ne;r -I-rl nor device ma:i be erected unless such si.f7,n or dev I c^ conform., t;o the: followIrr, schedule of types of uses and clas^i.fi.cation of 3 i j-,I-I T)(:r^1 I t t eed D:,stri.ct T': es Simon Tires Perm tt d P-L Residential A, F Public , Semi_ Public B, D, F R41 Residential A, F Public, Semi Public B, D, F -30- Di9tri.ct Uses Sign Types Permitted R-D Residential A, F Public, Semi Public B, D, F C-C Public, Semi Public B, D, F Commercial, Central BY C, F C-H Highway, Commercial By C, E, F -I-L Commercial., Industrial By C, E, F Sign Classification The class ification of signs or outdoor advertising dev:, cos is as follov-s : 1. Tyne A. Identification Signs a. Purpose : To identify premises, occupants of premises or services performed thereon: b. Size: square feet maximum per sign; c . Number: one for each street upon which the property faces ; d . Illumination: r_one, except for identification of house numbers ; e. Height : no highor from the ground than Its I distance to the nearest; point on the property linj, but in no case higher than the roof line or Parapet of the h:irhest build inT on the premises . 2 . Type B. Directional Sims a. Purpose : to direct the flow of traffic in and out of drives, parkins; areas, or building:-, ,: b. Size : ''-s square feet maximum per sinn : c . Number: two for each premise upon wh _ch such sign Is necessary plus 2 for each ^greet or road upon which each premise faces ; d . Illumination: indirect only ; e. Height : no higher from the ground than its distance to the nearest; point on the property line, but in no case higher than the roof line or parapet of the highest building on the promises ; -31- Type C. Business Signs a. Purpose : To announce the name of a business or service establishment and/or to indicate the type of goods sold or services performed ; b. Size: 40 square feet per sign; c . Nut7ber : two nor promise ; d . Illumination: indirecu, non-flashing;; except direct and/or flashing iliumInation is pormi.tted where such s i.g;n would not face into a residential zone within 700 feet from the face of the sign measured perpendicularly ., e. Height : no higher from the ground than its distance to the nearest point on tlic., nrone,,t,., line, but in no case hither than the roof line or parapet of the hi.r*hest building on the premises, extent in C-B, I-L o:, I-H zones a sign ma,,,, e,:ceed by 18 feet the max _mu.m t.iei_ ,ht of the roof or parapet wall. �. Tyke D. Td on-re^identi.al Identification a. Purnose: to announce the name, local ton, sponsor or occupant of a buiidi_n^ or nrem:isC , other than a dwelling-, farm or ranch, and includin - bulletin boards for claurclhe^ b. Size : sixteen (1o) square feet maximum per s i F;n c . Number: two signs per each street upon •,rhi.ch the premise faces ; d . Illumination : ind'.rec t only ; e. Height : no higher from the ;round than s.t distance to the nearest noi.nt; on the error. rt;;r line, but In no case higher than the roof line or parapet of the highest building; on the nrcrti.ses . >. Type E. Outdoor Adyerti.sinrr Sin or Device A. Purpose : to advortise anything that may or may not be so7.d on the nrem-i ses ; b. Size: not to exceed 5 square feet for every one foot of street frontage of the property ! upon which the sign is located, but in no case to exceed 100 square feet per sign; c. Number: total maximurn square footage not to exceed 100 square .feet ; d . Illumination: no limitations, except that where the sign faces a residential zoned area within 100 feet of the face of the sign measured perpendicularl,, thereto, no flashing ;-Inn; or directllJ illuminated signs shall be permitted . e. Height: In C-C, C-H or T-L districts, jheir;ht is limited to roof or naraper height of the building upon which tho sign 12 located . For ground signs or signs in all other districts , the heir?ht shall not exceed the distance from the sign to the nearest point on the property line. . Type F. Temporary Sins a. Purpose : to announce : the sale or leasing of a pro_oeriC or build i_n;; public events to he held ; the bullder, architect or tenant of a proposed bui 1d ing or rr. opert;; ; elect_on catr- paigns ; b. Size: 20 square feet ma.:imum per sign ; c . Number: one for each street frontage upon which the property faces, and so placed so that only one sign faces each street ; d . Illumination: none e. Time 1im=t : months maximum, with two renewals each of 2 months durat:i.on upon application ; f. Height : not to exceed one foot for each foot:. the sign is located from the nearest groper ty line, except in C-C, C-Ii and I-L districto , but in no case to e',:ceed 5 feet. -3,-4/- Ijon-Conforming; Signs 1. Maintenance : All signs in all districts that become non-conforming at the time of the passage ' of this ordinance may be maintained and kept in a state of good repair, so long as such signs are not relocated , replaced or structurall;T altered . 2. Removal: All. s i.P;ns in the R-L, R-M and R-D districts that are non-conforming as to location, type, number or illumination shall be made to %,onform ,•;ith this ordinance within five ,years after the passage thereof, or shall be removed . ARTICLE VIII. ADMINISTRATION ENFORCEMENT :enforcement. This ordinance shall be administ,2 ed and en- forced by such town official as the Planning* and Zoning Commission shall designate, who shall also be kno,vrn as the "Zoning; Enforcement Officcr" . Building Permit. No buildinE; or addition thereto shall be erected , mo,.ed or structurally altered unless a perr,iit therefor has oecn *issued , after approval b;; the Planning and Zoni.nr Commission, b;; the Town Cleric, and all v :rm;_t;s shall. be -'n conformance ,kith all the provisions of this ordinance . Certlficate of Occupancy. No land or bui_ldinf- shall here- after be changed in use, nor shall any ne„ structure, bui.ldir.rr or land be oceunied or used without having; first obta'.ned a certlfica'-e of Occuv)at' on from the "ZoninC Enforcement Off� cep,'' . Such r cats of Occupant;; shall be ::sued within -five days of the tame of ?Zet:..L __cat- that the buildinr-„ structure and/op land is completed or rcady for use and occuponcy . Copies of all Certificates of Occupant;; .-hull be filed by the Zoning Enforcement Officer and shall be available for exam iila. ion b.1, the public. _.3!i BOARD OF ZONING ADJUST114ENT: Creation. A Board of Zoning Adjustment is hereby created , which shall consist of five (5) members and which shall be appointed by the Mayor of Taos with and by the consent of a majority membersh-n of the Torn Council. All further rei'erence to the Board of Zoninf Ad ju^tment; in this Section shall hereafter be made to "the Board' . Dlemberhi.D . QualificationsL Organization. The Board ;fill consist of five members, four of which must be residents of' the Town of Taos . One member may reside in the area neap the Town of Taos, but must ovm property within tr:.e town. They shall be representative respecti.vel;i, one each for Business, Government , Helfg:i.on, Recreation, Education, and shall serve ait�out com- pensation except such expenses as are y first approved by the Town Council. To qualify a person must be of rood character, prcf i_cient in the reading, writ i.nr and interpretation of the English Lan^uae and :kith a record of civic services . `term o ' Of f ii c e shall be one (1) member for one year, Two (�) member's for tv;o (2l) years and two (L) members for three ( ) yec,rs. All further appointments shall be made for three year tepms. Appointment may be made by the Mayor to finish unex>>ired terms of members linable to complete them, ac.s1`;nmerit..n . The Board shall elect a r:iember to serve an Chairman for a term of one year sub,=ect to reelection. Duties and Powers Duties a. To meet at the call. of the. Chairman. Request for a liearing may be made by the Zon'_na Enforcement Offi.cea-, Bui_ldin,T Inspector, o-- b,,' an;; part;- wisliinr to appeal the cleciolion of the at1�e . b . To adopt any rules necessar;; to transact the Board 's business or e .pedite it,- f'unct:Lons or powers, 20 lone as they are not inconsistent with the provisions of this ordinance. c . To pass upon the granting of an adjustment to requirements of the Zoning Resolution. In order to override an order of the Enforcement Officer a majority note, of not less than three ( ) members is necessary. d . To keep minutes of its proceedings of each meeting, which are to be filed in the e"f ice of the Town Clerk and shall be of public record . e. To permit the public to attend and to be heard at all its meetings . f. To notify in driting. the Enfo-cement Officer, the o,-a^ier involved and the Taos Planning and Zoning Commission of all decisions trade, resolutions passed , hearings scheduled or permits authorized . g. To public notice of, or cause to be nubl-_shed, o:° cause the pronerty involved ;;o be nostecl , at leant, ten (10) days prior to a hearing, zwhere such hearings are deemed necensary by the Board . Power-, a. Internretation : The Board ^hall have ';lie oower to interpret this ordinance, including; any un- certaint,y as to boundari, location, or ;word moanin;;, so lone- as thi^ _nternretat__or in not cont-Par- t� the purpose and 7_ntent of the ordl nancc , b. Variances. The Board shall have the -)o,aer to ,7ran'; variances from the provisions of th_; or:-7inanco, but only iwhcre all the {'olloWrin[; condition- aro found to exi_^t : 1. The variance would not authorize an;! uce other than uses enumerated as a use b -ri rht ir. the dintrict ; That a definite hardsh-i-o to the oi,ner i_s i shown to occur if' the provisions of this ordinance are literally followed ; 1 That the circumstances consituting the hardship were not created by the owner, are not , due to, nor are the result; of general conditions in the district, or i-rere in exi-stence, at the ti.iie of the passage of this ordinance and/or cannot be otherwise corrected . )L. That. the variance would not in - ure the value, use of, or nrevent the access of I!.f;ht. and air to the ad acent nrc-?erties ; That; the vari.ance ,-could not be out of harmon,; ?aith the intent, and nurnose of this ordinance. Procedure The Board shall. act in street accordance wItlli all. of the other arnrl. i.cable lat•;s of the State of Neu llexico, the Count, and To,.Yii of Taos . PvLL APPEEALS TO THE BOARD shall be In rr i t _nn and on a i"or.mas shall b(,- ry the Boarcl . Ever,,, anneal shall indicate -v:hat J. of this ordinance 1 :3 i.n-olv - , ;ghat; roli.er J_^ -na n!° ^ounht and the grounds upon ;.hi.ch such a,pneal belnr- say>rhL, as reouired under the nower-I r;;-anted to the Board . PUBLISIM: First- Publicat-,ion:_,Cl��t�n Second Publication : Third Publ:I_cation: Date of Pub'+_we _Icarinr; by Town Council OTlM, PASSED AND ADOPTIM THIS I & DAY OF�Q�'-��Jt _�CI b j ,Y TL �{ CCU1 CIL, T0; NI OF TAOS, NEW MEXICO Si-ned : 1 Ha,aor, Town of TaoU At;test Date 'Publication Affidavit' State of New Mexico, ss. County of Taos W.J. Olds .....................................................—.1.............. ............................................................................................. being first &ly sworn, declare and say that I am the (Editor) of the ...................................................TaAs....N.e.w,s.................................................................a weekly newspaper, published in the English Language, end having a general circulation in the City and County of Taos, State of New Mexico, and being a newspaper duly qualified to publish legal notices and advertisements under the provisions of Chapter 167 of the Session Laws of 1937; that the publication, a copy of which is hereto attached, was published in said paper once each week for............one...................consecutive weeks, and on the same day of each week in the regular issue of the paper during the time of publication, and that the notice was published in the newspaper proper, and not in any supplement, once each week for........olig....... ..............week;, consecutively, the first publication being on the..... 7th.......day of............Marc.h..........................I 7th :,`arch 63 19-6.1— and the last publication on the.....................day of.. ...........1..... ...............................1 19..........; that payment for said advertisement has been (duly made) or (assessed as court costs); that the undersigned has personal knowledge of the matters,,Pd things set forth in this affidavit. PUBLISHER'S BILL ........ c: ... .....-.1........................................ ..................I.I.,.1.18—Jines, one time at $........518.16... Editor-AfiYW ....................................lines...........times, $.............................. Subscribcd tend sworn to hQfore me this...........11tb ............... 10.3b Tax $.......... ...—.......— day of ..Mar h ...... AD is,.63.. ....... ...........Rob e I 28-52 Total $ ......................... Received payment, Notary Public The Taos News L-,gmls #2399 & 2401 ................I............ ..................--- ....— —...........I.......... My conirrwsslra expires By....... 7- ............ August .12,1964