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630 TOWN OF TAOS ORDINANCES YEAR: lq7q NUMBER: 630 k+:2 i Pr ot w-= Zoning Ordinance TAGS New Mexico CPA-NM-100,4-LP/D21 Work Item 3A1 June 1973 0 - Q o D U) o � � Q ZONING ORDINANCE, TOWN OF TAOS, NEW MEXICO SECTION 1 - TITLE, PURPOSE, AUTHORITY 1-1 Title This Ordinance shall be known, and may be cited and referred to, as the Comprehensive Zoning Ordinance of the Town of Taos. 1-2 Purpose -. _-- - - An official zoning plan for the Town of Taos is hereby established and adopted to serve the public health, safety, and general welfare of the community and to provide the economic and social advantage resulting from an orderly, planned use of land resources. 1-3 Authority for Ordinance This ordinance is adopted pursuant to the provisions of an Act of the State Legislature known as Chapter 271, Laws of 1959 (being Sections 14-20-1 through 14-20-24 and 14-21-1 through 14-21-5 of the New Mexico Statutes Annotated, 1953, as amended). The provisions of this Ordinance are adopted in acceptance of and accordance with said Act. 1-4 Existing Uses The existing use or uses of all buildings, improvements, and premises not in conformity with the standards or requirements of the zoning district in which they are located, in accordance with the provisions of this Ordinance, and, which uses are leqal, or for which permits of variances were granted under previous o dinances, may continue as NON - CONFORMING USES or VARIANCES as hereinafter defined, and subject to the provisions regulating such uses. 1-5 Supersedence Adoption of this ordinance shall constitute nullification of prior adopted ordinances specifically related to the matters included herein. -1- BIBLIOGRAPHIC DATA I. l(crort •. 2. 3. Recipient's Aecesoion Nu. SHEET YA - T - I - 73 4. lisle and Subtitle 5. Report Date PROTOTYPE ZONING ORDINANCE January 1973 Taos, New Mexico 6. 7. Autho?) S. Performing Organization Kept.. ee 9 Below No. 9. Performing Organization Name and Address 10. Proicct/Task/work Unit No. THE YGUADO ASSOCIATION Peralta, New Mexico 87042 11. Contract/Grant No. CPA-NM-1004-LP/D-2.1 12. Sponsoring Organization Name and Address 13. T)-pe of Report & Period Deperrment of Housing and Urban Development Coveted 451 7th Street SW Planning/20 Year Washington, D. C. 20410 14'. 15. Supplementary Notes Northern Area Planning Organization Program Participants: Town of Taos, N. M. State Planning Office, 16. Abstracts Th is Prototype Zoning Ordinance is prepared in conjunction with other Comprehensive Planning elements and provides a tool for implementntion of planning recommendations with regard to present and future land use for the Town of Taos and its subdivision and platting jurisdiction: The Ordinance provides for establishment of a series of zoning districts, including the following: Regional Preserves, Conservation/Mesa, Conservation/Valley, Rural Grazing, Rural Farm, Residential/Agriculture, Medium Single Family Residential, High Single Family Residential, Multi-Family Residential, Neiqhhorhi-od Commercial, General Commercial, Light Manufactur ini,I, Heavy Manufacturing, Historical/Residential, Historical/Commercial, Planned Unit Developmer t. 17. Key Morjs and Document Analysis. 17-1. Descriptors This prototype Ordinance, if adapted by the Town Council, shall constitute the Official Zoning Ordinance of the Town of Taos, New Mexico. 17b. identifiers/'Open-Ended Terms I 17c. t:.os.vn is ie wcoroup 18.Ae.tilabi tty stat lent 19. �c.•urity Liass t'Ihts 21. -No. ut Pagcz I. Clearinghouse for Federal Scientific and Technical l(epott1 83 I'�:t 1.1.:11:lr: Information, Springfield, Virginia 22151 20. Svc tit a t ;as% t i it t. 22. I'riLt: 2. Town of Taos Taos New Mexico t•�:�I.a.��rr•!ru Fort At PI Tis.5 it.Lv. r•!:I uscot.t•A-uc :i'J::•>'!2 ORI7INANCE 34 Town of Taos, New Mexico i i t WHEREAS, it is in the interest of the Town of Taos that rules and regulations be established to serve the public health, safety and general welfare and WHEREAS, such regulations will provide economic and social advantage through orderly planned use of land resources and WHEREAS, natural terrain, soil and water have varying characteristics which suggest specific uses, and WHEREAS, uses which are incompatible with these characteristics may result in serious environmental and ecological problems, and ' WHEREAS, State Statutes of New Mexico (Chapter 271, Laws of 1959 being Sections 14-20-1 through 14-20-24 and 14-21-1 through 14-21-5 of the New Mexico Statutes Annotated, 1953, as amended) do allow for adoption of ordinances to regulate and restrict the height, number of stories, and size of buildings, and other structures, the percentage of lot that may be occupied, the size of yards , courts and other open spaces, the density of population, and the location and use of buildings, structures and lands for trade, industry, residence or other purposes, and for said purposes to divide the municipality into districts of such number, shape, r area and form best suited to carry out the purposes of this Ordinance; and within such districts to regulate or restrict the erection, ccnstruction, reconstruction, alteration, repair or iise of buildings, structures or lands, to provide for the administration and interpretation of said regulations, to provide for appeal, to provide for amendments, to provide penalties for the violation of its provisions, and to provide for its enforcement, repealing all ordinances or parts of ordinances inconsistent herewith; and providing for severability. Now, therefore, be it ordained, by the Town Council of the Town of Taos, that the following regulations gad standards are passed, adopted, signed, and approved by this bod on this day of AA-9 , 197271- to become effective on the day of 197,* r (Signed) i ip Cantu Mayor, Town of Taos Prototype Zoning Ordinance TAOS New Mexico CPA-NM-1004-LP/021 Work Item 3A1 June 1973 The preparation of this report was financed YGUAOO in part through a comprehensive planning ASSOCIATION grant from the U. S. Department of Housing "`' and Urban Development. BY' i"° A....r%A TABLE OF CONTENTS Section 1 - Title, Purpose, Authority Section 2 - Definitions 2 Section 3 - Establishment of Zones, The Boundaries Thereof, and Limiting the Uses of Land Therein 11 Section 4 - Unclassified and Special Uses 15 Section 5 - General Provisions, Conditions and Exceptions 17 Section 6 - Board of Adjustment: Establishment Procedure, Powers and Duties; Appeals 34 Section 7 - Variances 36 Section 8 - Special Use Permits - Conditional Permits, Public Use Permits 38 Section 9 - General Procedure Provisions, Variances and Permits 39 Section 10- Amendments 44 Section 11 - Land Use Regulations in the Various Zones 48 Section 12 - Planning and Zoning Commission and 78 Historical Review Board Section 13 - Enforcement, Interpretation, Penalties, Repeals, Severability, Effective Date 82 APPENDIX Statement: Boarding, lodging or rooming houses shall not include homes for unrelated p:am ms requiring professional or semi-professional care by reason of physical or mental infirmity, disease or age. BUILDING - Any structure fabricated on site and situated on a permanent foundation and maintained for the SL' 'I slielter or enclosure of person, ar.?m115, chattels or property of any kind. BUILDING COMPLLX - Two or more Fuileinos, which are interrelated in function and grouped upon a lot and held under single otivnership, such as schools, residents, offices,, busineEses, hospitals, institutions, museums, but not limited to these. BUILDING, HEIGHT OF - The vertical distance from the grade to the highest point of a flat roof, the jack line of a mansard roof, or the average height between eaves and ridge for gable, hip and gambrel roofs. BUILDING, MAIN - The building occupied by the primary use. CARPORT - A permanently roofed accessory structure open on two or three sides and attached to the side of a dwelling, and established for the convenient loading or unloading of passengers from an outomobile. CELLAR - A story having one-half or more of its average height below grade. CLINIC - A place for group medical services not involving overnight housing of patients. CLU3 - Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating and/ or recreational uses, and further whose activities are not conducted for monetary gain; including but not limited to civic, fraternal, charitable, religious, social and patriotic organizations. CONDITIONAL USE - A use permitted in a district by the approval of the Planning Ccr mission. COTTAGE ll\InL �TkY - A light industry essentially ancillary to the prime cgro-resid.:ntin1 use of laird and corducterl on the same parcel of land used for the dwelling of the owner cf sn;,l industry. COURT - PATIC - An cFcn space th it is more than half surrounded by a single or riore builc'ir�s. DUPLEX - A building d and/or used exclusively for the occupan�;y of two (") fam i I ie: i i,.i ng ifidererc'ently of each other. DWELLh +G - A build;r g u.,ed enti,-� i :cr iesidential purposes. DWELLIN,-,, MULTI-FAM11_Y - A de %r hed structure designed for and used by twc .,,r more families for living purposes, with separate house- keeping facilities fur each. A multi--family dwelling shall not :,e construed to mean multiple dwellings on a lot. FAMILY - An individual or two or more persons related by blood, marriage, or adoption or a group of not more than five persons, ex- cluding servants, who are not related by blood, marriage, or adoption, living together a; (r single housekeeping unit in a dwelling. -3- FINISHED GROUND LEVEL - The height of the raid-point of the line formed by the intersection of a wall and the grour•:d when all finish grading is completed. FLOOR AREA - The area included within the surround'-nq walls of a building measured from outside to outside, excluding vents, shafts and courts. FRONTAGE - The distance along a street line from one intersecting street to another, or from one Intersecting street to the dead-end of a dead-end street. FUTURE STREET LINE - A line running ;more or less parallel to the centerline of certain existing or proposed streets, as established by ordinance, for the purpose of delineating the future widths of street rights-of-way. GALLERY - A room or rooms for the exhibition and/or sale of works of art. Collections of paintings, pictures, photographs and other works of art which may or may not be produced un the premises, offered for exhibition or sale. GARAGE, PRIVATE - An accessory building housing one or more vehicles owned and used by occupants of the main building. GARAGE, PUBLIC - A building, or portion thereof, designed or used for servicing, repairing, equipping, hiring, salting, or storing motor-driven vehicles. GRADE - The average of the finished ground levels of all the exterior walls of a building or structure. GUEST HOUSE - Temporary living quarters within an accessory building located on the same premises with the rro;n brii!ding, used or occupied by friends or relatives of the occupants of the main building, which shall not be rented or other- wise used as a separate dwelling. HOME OCCUPATION - Any occupation or h,,sinc-s vhinh can be customarily conducted entirely within a dwe'Il,.0 -n-1 carvied on by the inhabitants thereof, which use is clearly inci-!^,Wjl and secondary to the use of the structure for dwel'irg purpns s rvid 4,-es not change the character of the structure or a efe inr environment, or does not adversely affect the uses permitted in the district of which it is a part. HOSPITAL - Any publicly or privately owned me(!icnl Fncility wherein sick or injured patients cre given mediccl or surgical tr,:ntment intended to restore them to health, wi+h temnorcry acccrimmensi,..n for patients available for a period exceedinn for+y-eiq'•.t hours. HOTEL - A building in which lodging, or boa;-d;ng and lodq;ng are provided and offered to the public for com .:r.iicn, o..nd in which ingress and egress to and from all rooms ar: made thrnugh an inside lobby or office which is supervised by a rerson in :ha,3e at all times. As such, it is open to the put'- lic ;n cont-adistInction to a boarding house, a lodging huuse, or an r.l..ortr.,ent ho-jse, which are herein separately defined. INSTITUTION - A non-profit establishment for public use. INSTITUTION - ALCOHOLIC - NARCOTIC - PSYCHIATRIC - Any publicly or privately owned facility wherein more than two (2) persons, exclusive of any family residing on the lot, are given treatment for any of the above disorders. JUNK OR SALVAGE YARD - Any portion of a lot used for outdoor storage of material classified as junk, scrap, salvage or abandoned material, including but not limited to, scrap lumber, rags, waste paper, tires, s crap metal and inoperable automobiles and other vehicles. LOADING SPACE - Any off-street space available for the loading and unloading of goods, not less than 12 feet wide, 25 feet long and a minimum verticle clearance of 14 feet and having direct access to street or alley. LOT - (1) A parcel of land abutting on one or more public streets with a separate and distinct number or other designation shown on a plat or record of survey recorded in the office of the County Clerk, or (2) a parcel of real property abutting at least one public street and shown on the records of the County Assessor as held under separate ownership from adjacent property prior to the effective date of this Ordinance. LOT, FRONT LINE OF - The boundary of a lot bordering on a street. For the purpose of determining yard requirements on a corner lot, the narrower si-'e bordering on a street is the front yard except that where the lot is square or nearly so, the owner may choose which of the two is to be consid^red the front yard. LOT DEPTH - Tke horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. LOT, REAR LINE OF - That boundary which is op^osite and more or less parallel to the front lot line. In cases of an L-shaped or other irregularly shaped lot where two or more lines are so located, a 11 shall be considered to be rear lines, except such as may be within fifty (50) feet of the front lot line, or which may be (20) feet or less in length. In the case where a lot which comes to a point at the rear, the rear lot I*,ne shall be that imaginary line parallel to the front lot line, not less than then (10) feet long, lying wholly within the lot and farthest from the front lot line. LOT WIDTH - The horizon+•,l distance between the side lot lines measured at right angles to the lot depth at the building lines. LOT, CORNER - A lot situated at the intersection of two or more streets and having frontage thereon. LOT, INTERIOR - A lot other than a corner lot. LOT, THROUGH ( DOUBLE FRONTAGE) - A lot having frontage on two parallel or apprcximately parallel streets. -5- MACRO-CENTER - A developed urban area inrorpnrated as a municipality under the laws of the State of New Mexico and the developed areas immediately adjacent to its corporate boundary. The minimum populations hall be 2,000 persons and all urban type utilities including community water, community sowe--oge, natural gas, solid waste disposal facilities shall be provided , (e.q. Town of Taos.) MICRO-CENTER - A recognizable urban or urbanizing community, settlement or village not incorporated under the laws of the State of New Mexico: said settlement shall include at least 100 persons. These acres shall have at least one community utility (water or sewer), (e.g. Ranchos de Taos, Talpa, El Frado, etc.). MOBILE HOME - A detached single family dwe;ling unit designed to be transported after fabrication, on its own wheels, or on flat- bed or other trailers or detachable wheels, and arriving at the site where it is to be occupied as a complete dwellinrn; and containinn sleeping accommodations, a flush toilet, a tub or shower, and kitchen facilities, with plumbing and electrical connect;ons providad for attachment to outside systems, and includ;ng ma;or appliances and furniture, and ready for long-term occupnn..y e:•:; :,)t `or minor and incidental unpacking and assembly operations, location on foundation support or stand and connected to utilities. MOBILE HOME PARK - A parcel of land -lesigned and intended for single family residential use where resideoce is in mobile homes exclusively and sites are rented. MOBILE HOME SUBDIVISION - A pn•rel of I,irr r!-:,.igned and intended for single family residential use where r:�sid_-nce is in mobile homes exclusively and lots aye sold ex,lusive,, for m-bile home occupancy. MODULE - (1) A unit of measure or rep,211tive bvilding unit L'St-d in the composition or construction of a s ruc'u e. (2) A pre---ackc7Qd functional assembly for use in conjunc.ion with othe bvilding elements in the on-site fabrication of a structure. MODULAR STRUCTURE - A structure faF,:ca'.ec! on :;te of modular units on a permanent foundat;cn. MOTEL - A group of attached or eetucl,ccl bwiic,�' qs c-)ntn'.iini individual sleeping or dwellinn units /.•ith (faro, .tttc%.'.wed -r parking space conveniently located to e,16 unit, all .cir,p.:---ary tise by automobile tourists or transients; include! (w-o :o t�, motor hotels, motor lodges, and autocamp•, but tut a mc-We h,, park or travel trailer park. -6- NON-CONFORMING BUILDING - A building or portion thereof ' lawfully existing at the time tl•' '-Irdinance became effective and which was designed, erectec' 'orally altered for a use which does not conform to the distri, nick it is located, or which does not comply with all the : , .ant, area set back or other regulations of the district in which it is located. NON-CONFORMING USE - A use of a building or land existing at the time of adoption of this Ordinance which does not conform ;t to the regulations for the district in which it is located as set forth in this Ordinance. NURSERY SCHOOL - A building or dwelling in which three (3) or more children are kept who are not a member of the family and where supplemental parental care is provided and includes s�v_-h functions as kindergartens, day nurseries and day care home for children. PARKING SPACE, AUTOMOBILE - Space within a building or public parking area for the temporary parking or storage of one + automobile consisting of a minimum area nine feet wide by twenty , feet long, exclusive of streets, alleys, driveways, aisles and the area of egress and ingress, and having access at all times to a public street or alley. PERMITTED USE - A use permitted in a district. PERSON - Any individual, firm, co-partnership, joint venture,, �` association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, political sub- division, or other group or combination, acting as a unit. ` PREMISES - Includes the land, plot, lot or tract together with any building, structures or dwellings thereon. PRE-FABRICATED STRUCTURE - Any structure which is composed of components or parts which have been fabricated at a factory or other location so that construction consists mainly of assembling and uniting standardized parts. Such structure shall be placed on a permanent foundation and does not include mobile homes (in which finished cabinetry, appliances, furniture, toilets or sink are a part). At no time shall there have been provisions for being towed or carried by any vehicle incorporated as a permanent part of its components or parts. PUBLIC UTILITY - Any office, pumping station, communication ce ' t, distribution or transfer facility, or other management or ope jeional need for power, communication, fuel, water and sewerage, but exclusive of production or disposal plants, storage yard or supply base, unless otherwise provided for by this ordinance and which is duly franchised by the municipality to operate therein. t' -7- y 1 QUASI-PUBLIC - Any organization, institution, space, etc. , operated as a public or semi-public facility wlhnrc;n ownerr-hip or administration is private and fees or other cknrges mry he levied for support; including, but not limited to, muse-ims, hospitals, churches, private or parochial schools, or clubs. REST HOMES - NURSING HOMES - A build;- I wh^re lor4g�nn and meals, and nursing, dietary, or other personr( rnrvices c­r, r^n!-re-i to one or more convalescents, invalids, or ogrrl nersnn' for ro-ip,�ns- ation, but excluding cases of contagious or cr`rr =iu:;i:nhlP d=�PnseS, surgery, or primary treatment customarily pro•.id,.d in sanitariums or hospitals. SETBACK - The shortest or most direct distant- behvnen the property line and the building, dwelling or structure, exclusive of min-or overhangs (3 feet or less), uncovered porct.s r- ! ,teas. SIGN - Any device designed for the ideniif'-c-'.,. r•, advertising or promotion of interest of any private or pu'3' . -)rl, firr., Cr organization, including any such device err„t!-- ' in cmplicn,:e with an ordinance, which is visible from the pub'i or access way; including devices painted on, a• J +-) rr -4*c•-)'ryed from a building, or free-standing upon the si'•, it temporary sale notices or playbills displayed n inside a !)uilding or glass-fronted display case. SIGN, AREA - The total area that will contn�•- r-1t;rn r,ic}n excluding architectural embellishments and - • - `s i r^i+':er of which there is displayed any advertising matr 'al nr r.iv !io,!i'-ing; for projecting or double faced signs, one t!is-' measured in computing total sign area, prov; efi t',c c,n sire of the sign does not exceed 10 square feet, in •v!, It -•-e hoth sides must be computes!. STABLE, PRIVA(E - A stable restricted to not more tl--n two (2) animals. STABLE, PUBLIC - A stable other than a privo'e stnhie with a capacity of three (3) or more animals. STUDIO - The working space of a painter, s�:�!'^���', or nther artist, limited to the production and sale o` the vorl s ni sculptor or other artist and to one occupi in. ,01n%/r'0. STORY - That portion of a building include t!iti surf ace of a floor and the ceiling next above it. STREET - Any public or private way whic'i arr rrincipal means of access to abutting properties, including plan-:, lane zind drive. STRUCTURE - Anything constructed or Wit env edifice or building of any kind, or any piece of work artificaP/ ' .: er composed of parts, joined together in some definite mnn­," itch required loca- tion in the ground or is attached or situate-! �,-,n a foundation or otherwise permanently located on the rte . -8- TRAVEL TRAILER - Any vehicular or similar portable structure designed as a temporary dwelling for travel, re(. iational and vacation uses, and having a maximum size of eight (8) feet in width and thirty (30) feet in overall length. TRAILER - A vehicle, regardless of size, without motive power designed to be towed by a motor vehicle or to be used for the carrying of persons or property or as a temporary or permanent human habitation or place of business or manufacturing including trailer coach, trailer home, mobile home, cargo trailer, semi- trailer, and house trailer, box car, passenger car, caboose, whether with or without wheels and whether attached to or imcoroorated in a structure and that part of any self-propelled vehicle which is desiann' -rI for the purposes of human habitation or business wh^ther temporary or permanent or removed therefrom, whether attached to or inch p orated in a structure. TRAILER COURT, TRAII.ER PA';K - Any area or tract of land where space is rented or held for rent to owners or users of travel trailer, trailer coaches, mobile homes, or trailers for human habitation. TRACT - A parcel of land or a group of contiguous parcels of land havir7 one owner. USABLE OPEN SPACE - An area uncovered rind open, or covered and open to light and air on at least one of its sides and available to some or all of the occupants of the structure for private or public recreation or leisure time activities; it does not include driveways or parking areas. USE - The purpose for which land or buildings are arranged, designed or intended or for which either is or may be occupied or maintained. WALLS, ACCESSORY - A work ur structure of adobe, stone, brick or other material intended for security, privacy, protection, or for an enclosure, or 6e.i�jned to be ere�tud for the purpose of diverting or regt,lating pee-strian or vehicular traffic, not over seven (7) feet in height to be measured frori t!•e elev,;,ion of the street at its center line. YARD - A required open spac,- unn,�ct-nied and unobstructed by any structure from thirty inches ohove the ieneral ground level of the graded lot upward, provided however, t!,at fences and walls may be permitted in any yard subject to the heiryht limitation indicated herein. YARD, FRONT - An open area extending across the full width of the lot, the depth of which is measured in the least horizontal distance from the front lot line to the nearest wall of the main building; such as being referred to as the front yard setback. YARD, REAR - An open area extending across the full width of the lot, the depth of which is measured in the least horizontal distance from the rear lot line to t±;c nearest wall of the main building; such depth being ieferied to as *-he rear yard setback. YARD, SIDE - Ali open area exte- ling along the length of the lot between the front and re-it yard setback or lot lines in the absence of yard requirements, the width of ;vhich is measured in the least horizontal distance from the sine lot line to the nearest wall of the main building, such width being referred to as the side yard setback. -9- All other words, terms, and phrases used in the Ord*,nnnce shall have the meanings generally ascribed to them or as defined or used in the New Mexico State Statutes related to Planning. -10- f SECTION 3 - ESTABLISHMENT OF ZONES, THE BOUNDARIES THEREOF, AND LIMITING THE USES OF LAND THEREIN 3-1 Names of Zones For the purposes related to the orderly development of the Town of Taos and its environs and in order to carry o►)t th : rrn••*,s;nns of this Ordinance, the Town - including the area within the suk -'ividinn and platting juris- dictions - is hereby divided into zones as follows and in keeping with the criteria stipulated: 1. Zones specifically applicable to the rural, non-urban or non-urbanizing areas of the Towns subdividing and plat�7ng ji,risdiction where multiple immediate urbanization is not anticipated and where more intensive urban uses would require appropriate changes of zone. RP - Regional Preserves CM - Conservation/Mesa CV - Conservation/Valley 2. Zones specifically applicnhlA to the urban or urbanizing areas of the Town and its subdividing and platting jurisdic4-,on and which have been designated as Macro-Center and/or Micro-Cenl-er in the 1973 Comprehensive Plan of the Town of Taos and its environs or in which, by resolution of the Planning Commission of the Town of Taos, such zoning is justified. The following zones shall exist only in a.,..,s designed as: Macro-Center Micro-Center RA Resident'al/Agriculture RA Res idential,/Agriculture R-1 Medium Single Family R-1 Medium Single Family Residential Residential R-2 High Single Family R-2 Flinh Single Family Residential Re-ic!^�tinl R-3 Multi-Family Residential R-3 MtP1f;-rr­nily Residential C-1 Neig%orho�d Com-ercial C-1 NP:r11+cr!i"d C-2 General Commerc'ni PI.1D P'nr•lerf I Imt Development M-I Liqht Manufacturinn H-P Histnricnl /Pesident*-al M-2 Heavy Manufnr!uring H-C Hi�,torical "Commercial H-R Historicc! 'RAsidinti..! H-C Histoi ical,"Commercial PUD Plr,nnt ,: Uni i D,velopment -11- 3 - 2 Establishment of Zone Boundaries By Map The location and boundaries of the various zones as hereafter determined shall be shown and delineated on the "Official Zoning Map" of the Town which shall, upon its final adoption, be made a part of this Ordinance, and said map and all notations and information shown thereon shall thereafter be as much a part of this Ordinance as if all the matters and information set forth on said map were fully described herein. The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk, and bearing the seal of the Town under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 3-2 of the Ordinance of the Town of Taos, New Mexico." together with the date of adoption of this Ordinance. 3 - 3 Uncertainty of Zone Boundaries Where uncertainty exists as to the boundaries of any zone shown on the "Official Zoning Map", the following rules shall apply: A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to Ise such boundaries. B. In the case of unsubdivided property, and where a zone bouncaary divides a lot or parcel, the location of such boundaries, unless precisely indicated on the Official Zoning Map by diminsicr;, shall ' be determined by the use of the scale appearing on said Zoning kinp. C. In the event that a public street, alley, or right-nf-wcy, or any easement is vacated or abandoned, the area comprisin.9 such ',acoted street or alley shall acquire the same zone classification on the property of which it reverts. D. Should dispute arise or uncertainty exist as to the boundaries between the various zones, the Commission shall, by written decision, determine the location of the zone boundaries. 3 ,- 4 Official Zoning Map On File With The Town Clerk The original of said Official Zoning Map shall be kept on file in the office of the Town Clerk and shall constitute the original record. 3 - 5 Amendments To The Official Zoning Map All amendments to and changes in the Official Zoning Map shall be recorded by the Town Clerk not later than twenty-four (24) hours after such amendment becomes effective. All amendments to and changes in the Official Zoning Map shall be recorded at the end of each fiscal year upon a nc�:v or revised copy of the Official Zoning Map. No changes shall be made -12- Y upon the Official Zoning AAap that have not been made in regular forum:;._- - by the Town Counci I of the Town of Taos. 3 - 6 New Construction And New Uses .all new construction, building, improvements, alterations, enlargements, or building movement undertaken after the effective date of this Ordinance; and all new uses or occupancy of premises within the Town shall conform with the requirements, character, and conditions as to use, height, area, and yard requirements laid down for each of these several zones as described in the following sections of this Ordinance. It shall be unlawful for arr/ person to design, erect, construct, establish, move into, alter, enlarge, or use, or to cause or permit to be executed, constructed, established, moved into, altered, enlarged or used, any buildings, uses or structures in any district , described in this Ordinance contrary to the provisions of this Ordinance. 3 - 7 Uses Permitted In The Zones All zones established in this Ordinance shall be only for those uses prescribed in the section dealing with said zones, and for such other uses as the Town Council, after review by the Planning Commission, may determine to be similar. 3 - 8 Uses Not Listed When a use is not specifically listed in the section devoted to " USES PERMITTED", or "CONDITIONAL USES" it shall be assumed that such uses are hereby expressly prohibited unless a written recommendation from the Planning Commission to the To:-in C.ouncil is approved by the Council, said recom :ndation being one which states that said use is similar to and not more objectionable than the uses already listed. 3 - 9 Separate Yards Required Except as hereafter in thi s Ordinance provided, no yard or other open space provided about any building or structure for the purpose of complying with these regulations shall be considered as providing a yard or open space for any other building or structure on the same property or on contiguous properties. 3 - 10 Uses in Areas Annexed In every case where property has not been specifically included within a zone or where territory has become a part of the Town of Taos by annexation subsequent to the adoption of this Ordinance, the same shall automatically be classed as lying in the RF zones until such classifications shall have been changed by an amendment to the Official Zoning Map as provided in 3-5 of this Ordinance. -13- j 3 - II Completion of Construction Nothing herein contained shall require any change in plans, cons+ruction, or designated use of a building or structure for which a valid bullr!inq permit has heretofore been issued and upon which actual constructiC'n has begun at the effective date of this Ordinance or any amendment t',,rrenf, provided that such construction and/or proposed use of such build?n7 is not on said date in violation of any other ordinance or law and furt!icr provided that such building or structure is completed within one yr"1r of such date. Actual construction is hereby defined to be the actual plac�n7 cf construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such e�,.;�vation shall be deemed to be actual construction, or where demolition -r removal of an existing structure has commenced preparatory to rebuildinq vir}i demolition or removal shall be deemed to be actual construction. -14- `Cy Y'- SECTION 4 - UNCLASSIFIED AND SPECIAL USES 4 - I Land Uses All of the following uses, and all matters related thereto, are hereby declared to be uses possessing characteristics of such a unique, and special form as to make impractical their automatic inclusion in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject- to review and the issuance of a special use permit, provided special use permits may not be granted for a use in a zone from which it is specifically excluded by the provisions of this section. Before any special use permit shall be granted, facts shall be alleged and shown to the fact that: A. The proposed use is essential or desirable to the public convenience or welfare. B. The proposed use will not he materially detrimental to the public welfare or injurious to other property or improvement in the same zone or vicinity. C. The proposed use will not adversely affect the Official Comprehensive Plan. Specific uses are as follows: 1. Airports and/or heliports provided the clear zone approaches to such installations are approved by the FAA - excluded from HR and HC zones. 2. Armories and military traini-I renter - excluded from HR and HC zones. 3. Borrow pits and quarries for rock, sand, gravel, decomposed granite or soil - exclud°d from HR and HC zones. 4. Cemeteries. 5. Columbariums, crematories and mausoleums unless inside a cemetery, provided these uses are specifically excluded from HR ' and HC zones. 6. Establishments or enterprises involving large assemblages of people or automobiles as follows: a. Open air theatres b. Rodeo ground c. Sport or recreational enterprises, provided that when such enterprises are established adjacent to a State or Federal Highway, the location, design and improvement of ingress and egress points to such rstablishments are approved by the State Highway Department. Excluded from HR and HC zones. 7. Hospitals. -15- r� w �k B. Institutions or Rest Homes, Nursing Homes, for the care of the aged, or aged senile and the mentally infi rm, and institutions of a philanthropic or eleemosynary nature. 9. Private clubs and country clubs, and golf courses. 10. Privately owned schools and educational institutions. II. Public utilities or utilities operated by mutual agencies consistinq of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains, provided any buildings necessary to such utilities are similar in design and structure to other buildings in the area of the proposed use as in a residential zone. 12. Radio or television transmitters, excluded from HR and HC zones. 13. Sewage disposal plants, excluded from HR and HC zones. 14. Refuse and garbage dumps, excluded from.HR and HC zones. 4 - 2 Special Uses May Be Permitted In Any Zone The following uses are special uses and upon issuance of a special use permit such special uses may be authorized in any zone in addition to those zones in which such special uses are specifically authorized: A. Public buildings and uses owned by a County, Town and County, Town, municipality, district or other political subdivision and operated fcr pAlic purposes, provided such bui (dings are designed and constructed in such a manner that the character of the area is not altered. B. Churches. C. Elementary schools, junior high schools, high schools, and colleges, together with the necessary facilities and equipment to insure their proper operation. D. Museums and libraries not operated for profit. E. Public parks and playgrounds. F. Day care or boarding of children. 4 - 3 Yard, Height, Area, Off-Street Parking Requirements The provisions for front, rear, and side yards, for height and area and for off-street parking facilities applicable to the particular zone in which any use specified in this article is proposed to be located shall prevail, unless in the special use permit authorizing such use specific exemptions are made with respect thereto. -16- SECTION 5 - GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS 5-1 Regulations Subject To The SPCtion All regulations contained in this Ordinance are subject to general provisions, conditions and exceptions contained in this section. 5-2 Limitation of Land Use Except as provided in this section, no building shall be erected, reconstructed or structurally altered, narr shoil any building or land be used for any purpose other than is specifically permitted in the same zone in which such building is located. 5-3 Clarification of Ambiguity If ambiguity arises concerning the appropriate classification of a particular use with the meaning and intent of this Ordinance, or if ambiguity exists with respect to matters of height, yard requirements, or zone boundaries, as set forth herein and as they may pertain to un- forseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by formal resolution set forth its findings and interpretations, and such resolution shall be forwarded to the Town Council and if approved by the Town Council, such interpretation shall thereafter govern. 5-4 Public Utility Lines The provisions of this Ordinance shall not be construed to limit or interfere with the installations, maintenance and operation of any public utility lines providing water, sewage disposal, electric, gas, television, telephone, or telegraph services to the public provided such lines are installed, maintained, and/or operated in accordance with all other applicable laws. 5-5 Non-Conforming Uses Cannot Be Expanded A non-conforming use of land or a building shall not be expanded or expressly permitted by the provisions of this Ordinance, since it is the purpose of this ordinance to eliminate non-conforming uses at the earliest possible time. However, in a Commercial or manufacturing zone, existing single family residences only may be permitted to continue on any lot or parcel of land not used for the indicated zone purposes without being classified as a non-conforming use. 5-6 Non-Conforming Use of Land The non-conforming use of land, where no main buildings are involved -17- t`* may be continued for a period of not to exceed five (5) years after the effective date of this Ordinance, subject to the following conditions: A. No such non-conforming use of land shall be expanded or extended in any way either on the same or adjoining property. B. Where such non-conforming use of land is discontinued for a period of six (6) months, any future use of the land shall be in conformity with the provisions of this Ordinance. C. These provisions do not apply to land used for agriculture or agriculturally related activities. D. When the non-conforming use is trailers, no additional trailers may be used on the lot and no trailer other than those trailers on the lot at the time of zoning may be moved on the lot. 5-7 Non-Conforming Building May Be Maintained A non-conforming building may be maintained provided that no additions nor enlargements are made thereto and no structural alterations are made therein except those required by law or expressly permitted by this Ordinance. If any such non-conforming building is removed, every future use of the land on which the building is located shall conform to the provisions of this Ordinance. 5-8 Alteration of Non-Conforming Buildings as to Yard Regulations A building or structure which does not conform to the yard regulations applicable to the land on which such building or structure is located may be structurally altered or added to provided such alteration does not change the horizontal exterior dimensions or the addition either conforms to the applicable yard regulations as established by the Ordinance or does not project further into any yard than any sub- stantial portion of the existing building or structure. "Substantial portion" for the purpose of this section shall mean fifty percent (50%) or more of the length of the wall. 5-9 Non-Conforming Use of Conforming Building When a non-conforming use of a conforming building exists at the time the provisions of this Ordinance became applicable to such building so as to make the use thereof a non-conforming use, such non-conforming use may be continued and such non-conforming use may be expanded or extended throughout such buildings, provided no structural alterations are made therein except those required by law. If such non -conforming use is discontinued, any future use of such building shall conform to the provisions of this Ordinance. —18— 5-10 Non-Conforming Use Of A Non-Conforming Building The non-conforming use of a non-conforming building may be continued and may be expanded or extended throughout such building provided no structural alterations are made therein except those required by law. If such non-conforming use is discontinued, any future use of such building shall conform to the provisions of this ordinance. 5-II Reconstruction of Non-Con forming Buildings Partially Destroyed YI The provisions of this ordinance shall not prevent the repair of any non-conforming building or the reconstruction or rebuilding of any portion of non-conforming building damaged by fire, explosion, earthquake or other act of God or the enemy, subsequent to the 4 effective date of this ordinance, providvd, however, that such reconstruction, repair or rebuilding shall not exceed fifty (50) per cent of the floor area of the building immediately prior to the damage, nor shall the dollar value of such reconstruction, repair or rebuilding exceed fifty (50) per cent of the dollar value of the building immediately prior to the damage. 5-12 Provisions of Section Apply to Non-Conforming Uses and Non-Conforming Buildings Resulting from Reclassifications The foregoing provisions of the Section shall apply to buildings, structures, land and uses which hereafter become non-conforming due to any reclassification of zones or land under this ordinance. 5-13 Amirtization, General Every non-conforming use shall be completely removed or shall be altered in such a manner that it will be in conformity with the uses permitted in the zone in which said non-conforming use is located and every non-conforming building shall be completely removed from the land within the time limit set forth below: A. Type 1 and Type 11 Buildings (Fire resistive) as defined in the Uniform building code - 50 years. B. Type 111 Buildings (heavy timber construction) as defined in the Uniform building code - 40 years. C. Type IV and Type V (light wood frame and incombustible frame) as defined in the Uniform building code - 35 years. D. Truilers or Mobile Homes - less thar, I,00D square feet in area. 3 years. E . Sign - 5 years. -19- 1 5-14 Extension of Amortiza- Period Non-conforming uses may be allowed to remain beyond the established amortization period defined in 5-•`." of this section, provided that a petition requesting such a time extension be signed by a majority of the residents in the area whose properties are within five hundred (500) feet of the external boundaries of the subject use, and that the Town Council , after a public hearing held in conformance with the above petition and its verification adopts a resolution granting an extension for a specific period of time and with such conditions as may be deemed proper and necessary to protect surrounding properties. 5-15 Accessory Uses Any use customarily incidental and not specifically prohibited to the principal use of a lot or a building permitted in the respective zones may be permitted including private garages, but not contrary to specific prohibited uses. 5-I6 Temporary Real Estate Offices One, and only one, residential structure within any new subdivision may be used as a combined temporary real estate office, or construction contractor s office and model home, provided such residential structure shall be completely restored to its originally intended residential character not later than twelve (12) months following the date of the Resolution by the Town Council accepting the public improvement of the subdivision in which said structure is located. 5-17 Required Off-Street Parking A. Every building, or portion of a building, hereafter erected shall be provided with permanently maintained parking space as provided in this Section, and such parking space shall be made permanently available and be permanently maintained for parking purposes; provided, however, that any alterations, remodeling, reconstruction of existing buildings, or additions providing less than five hundred (500) square feet of additional floor space shall be exempted from this requirement. Provided, further, that when an addition is made to an existing building, only the square feet in the addition nPc--! he used in computing the required off-street parking. B. Parking Spaces Required. -20- i The number of off-street parking spaces required shall be no less than as set forth in the following: USE PARKING SPACES REQUIRED Automobile courts (motels) I for each sleeping unit or dwelling unit. Banks, business or I for each 400 square feet of professional offices gross floor area. Churches and accessory I for each 6 seats, or if there are uses no fixed seats, then I for each 100 square feet of floor space used for assembly purposes. Dwellings - single family I for each dwelling unit. (excepting HR & HC zones) Dwellings - multi-family efficiency (studio - no separate bedroom) I.0 per unit ' 2 bedroom 1.25 per unit 3 bedroom or larger 2.0 per emit In addition, 10% additional guest parking for total development. Establishments for the sale and I for each 100 square feet of consumption on premises of gross floor area. food and beverages; having less than 4,000 square feet of floor area. having 4,000 square feet of 40 pl(!s I for each 40 square feet floor area, or more of gross flenr area in excess of 4,000 square feet. Furniture and appliance stores, I for each 600 square feet of gross hardware stores, household floor area. equipment, service shops, clothing or shoe repair or personal service shops Hospitals 2 for each 3 beds. Hotels I for each room up to 6 bedrooms and I for eac.:i 3 bedrooms in excess of six bedrooms. -21- Libraries I for each 250 square feet of gross floor area. Library stations and museums I for each 500 square feet of gross floor area. Manufacturing uses, research and No less than I for each 800 square testing laboratories, creameries, feet of gross floor area. bottling establishments, bakeries, canneries, printing and engraving shops Medical and dental clinic and I for each 200 square feet of gross medical professional offices floor area. Mortuaries I for each 50 square feet of f loor area of assembly rooms used for service. Motor vehicle, machinery sales I for each 1,000 square feet of gross or wholesale stores floor area. iOffices not providing customer ( for each 400 square feet of gross service on the premises floor area. Retail stores, except as other- wise specified herein: having not more than 5,000 1 for each 300 square feet of square feet of floor area gross floor area. having more than 5,000 sqcnre 17 pl,r I for each 150 square feet of feet, but not more thnn 20,L;sJ gross floor area in excess of 5,000 square square feet of floor area feet. having more than 20,CC0 square 17 plus I for each 150 square feet of feet of floor ar-ia gross area in excess of 5,000 square feet, plus I for each 100 square feet of gross floor area in excess of 20,000 square feet. i Rooming houses, lodging houses, I for each two sleeping rooms. clubs and fraternity houses kovin(; sleeping rooms. I -2'-- i • i • Sanitariums, children's homes, I for each five beds homes for aged. asylums, nursing homes Schools l for each employee Stadiums, sports arenas, auditor- I for each 2 seats and'or I iums, (including school auditor- for each 100 square feet of gross iums) and other places of public floor area used for assembly and assembly and clubs and lodges not containing fixed seats. having no sleeping quarters Swimming pools I for each 10 persons based on capacity load (pool under 5 feet in depth divided by 30 persons equals capacity loaa). Theatres I for each 3 seats up to 800 seats, plus I for each 5 seats over 800 seats. I C. Parking Requirements for Uses Not Specified. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Planning Commission;and such determination shall be based upon the requirements for the most comparable use specified herein. D. Parking Provisions May Be Waived by Commission. The Commission may, by resolution, waive or modify the provisions herein set forth establishing required parking areas. E. General Requirements. The following genera) requirements shall apply: 1. Size and Access: Each off-street parking space shall have an area of not less than two hundred (M) square feet exclusive of drives or aisles, and a width of not less than ten (10) feet. Each such space shall be provided with adequate ingress and egress, When the required parking space for any single family structure in any zone is not to be provided in a covered garage, each such required car space shall be not less than two hundred (200) square feet. 2. Location: In the event permanently mnintained off-street parking facilities of a non-contiguous pa••cel are to he prnvided by private parties, said facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the a -23- Nearest point of the building that such facility is required to serve: A. For all dwellings, parking facilities shall be located on the same or a contiguous lot or btailding site as the buildings they are required to serve. B. For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than one hundred fifty (150) feet from the buildings they are required to serve; and C. For uses other than those specified above, notover three hundred (300) feet from the building they are required to serve. 3. Mixed Occupancies in a Building: In the case of mixed uses in a building or a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately . Off-street parking facilities for one shall not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use. 4. Joint Use: The Planning Commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein: A. Up to fifty percent (50%) of the parking facilities required by this Section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; provided such reciprocal parking area shall be subject to conditions set forth in paragraph (c) below. B. The following uses are typical daytime uses: bnnks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typic7l of nighttime and/or Sunday uses: auditorium incidental to a public or parochial school, churches, dance halls, theatres and bars. C. Conditions required for joint use: I . The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within one hundred fifty (150) feet of such parking facilities. 2. The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed. -24- 3. Parties concerned in the joint use shall file a proper legal instrument approved by the Town Attorney as to form and content. Such instrument when approved as conforming to the provisions of this Ordinance, shall be recorded in the Office of the County Recorder and copies thereof filed with the Town Clerk and the Planning Commission. 5. Common Facilities: Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the Planning Commission as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When any such common facility is to occupy a site of five thousand (5,000) square feet or more, then the parking requirement s as specified herein for each of two or more participating buildings or uses may be reduced not more than fifteen percent (15%) upon approval of development plans by the Planning Commission. 6. Plans: The plan of the proposed parking area shall be submitted to the Planning Commission at the time of application for the building permit for the building to which the parking area is accessory. The plans shall be drawn to scale and shall clearly indicate the proposed development, including location, size and shape, design, curb outs, lighting, landscaping and other features and appurten- ances of the proposed parking lot. (See "Minimum design Standards" below.) All parking areas shall be subject to the some restrictions governing accessory buildings as defined in the zone .,. in which said parking area is located. 7. Comprehensive Planned Parking Districts. Areas may be exempted from the parking requirements as otherwise sct forth in this Section, provided: A Such area shall be accurat:ly defined by the Planning Commission after processing in the same manner required for an amendment to the 'Zoning Ordinance. B. Before such defined distr'ct ,hall he exempt as provided in this Section, active proc:-edIrigs under any applicable legislative authority shall be institu'ed to assure that the exempted area shall be provi Jed with comprAiensive parking facilities which will reasonably serve the entire district. C. Required Improvement or i N,,in`enance of Parking Area: Every lot used as a public c. private parking area shall be developed and maintained ► i the following manner: 1 . Minimum Design Standards: Off-street parking areas shall be so designed as to conform to the following minimum requirements: -25- A. Parking stalls shall bp not less than 10' x 20' B. Aisles for circidntion shall he: I . For parallel parking - 12 feet wide 2. For 30 & 40 degree parking - 15 feet wide. 3. For 60 degree packing - 18 feet wide 4. For 90 degree parking - 24 feet wide C. Ingress to and egress from required off-street parking areas shall be so designed as to eliminate any necessity of backing from said parking area onto any public right- of-way. D. Circulation aisles within required off-street parking areas shall be so designed as to eliminate any necessity of vehicles entering a public right-of-way when passing from one aisle to another. E. In the case of required off-street parking areas on interior lots having access to but one public right- of-way and having such narrow width as to permit only one aisle for both ingress and egressi said aisle shall be made not less than twenty (20) feet in width and shall be terminated on the side of the parking area furthest from the ' ingress-egress" point by a turning area having a minimum radius of twenty-five (25) feet. F. Uni-directional entrances and exits shall have a minimum width of fourteen (14) feet and combined entrance-exits shall have a minimum width of twenty-six (26) feet. G. All entrances, exits and parking stalls shall be clearly marked, and directional markings showing permissable traffic flow shall be placed in all aisles. 2. Surfacing: Off-street parking areas s'-,all be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispc;e of all surface water. Material used for surfacing parking are.;s shall be subject to approval by the Planning Commission. In addition to requir,_,me:nts I and 2 above, every parking lot , either public or private, havi:-q a cr,pacity of five or more vehicles, shall be creveir,:.-nrl and maintained as follows: 3. Border, Barricad^s, Screeninq and l inrlscaping: A. Every parkinri area that is not separated by a fence from any street or ullev Pr^peg tv lire u^on which it abuts, shall be provided with 3 s. table (:n<<c ete curb or timber barrier not less Char six (6) inche% i,i height; located not less than two (2) feet frorn such street or alley property lines and such curb or �,Lrrrier shrill be securely installed and maintained; provided no such curb or barrier shall be required across any driveway, or entrance to such parking area. -26- r B. Every parking area abutting property located in the HR or HC zones shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge six (6) feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous HR or HC zone property, provided that along the required front yard the fence, wall or hedge shall not exceed forty-eight (48) inches in height. No such wall, fence, or hedge need be provided where the elevation of that portion of the parking area immediately adjacent to an HR or HC zone is six feet or more below the elevation of such HR or HC zone property along the common property line. Said walls and/or planting shall be in keeping with the general character of the area in which it is established. C. Any lights provided to illuminate any public parking area, semi-public area or used car sales area, permitted by this Ordinance shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. 4. Entrances and Exits: The location of all entrances and exits shall be subject to the approval of the Planning Commission. 5-18 Area Requirements Deemed Met Any lot or building site shall be deemed to meet the minimum area requirements of the zone in which it is located when: A. It existed as an entire lot, or as an entire parcel, for which either a deed was on record in the office of the County Recorder or a bonafide contract of sale was in full force and effect prior to the effective date of this Ordinance or previous Ordinances. B. The owner thereof owns no adjoining land, and C. It is not the result of a division of land in violation of any state land law or Town Ordinance prior or subsequent to the effective date of this Ordinance or its predecessor. 5-19 Height of Buildings Except as provided in this Section , no building or structure shall be erected, reconstructed, or structurally altered to exceed the height limit established by this Ordinance for the zone in which such build- ing or structure is located. -27- 5 +20 Additional Story Permitted Where the average slope of a lot is grentPr than one foot (I') rise or fall in five feet (5') of horizcntil distance, an cdditional story will be permitted on the downhill side of any building, but not in excess of the height requirements for that zone. 5-21 Structures in Excess of Height Limit Permitted Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equ',prr;ent required to operate and maintain the building, and fire or rarapet walls, sky lights, towers, church steeples, roof signs, firnrr�! ::, chimneys, smoke stocks, silos, water—tanks, windmills, wind'_r,--ls, v,ireless masts, or other similar structures may be erected above tlrc heights limi`s established for the various zones in which such strucVes are located, provided, however, that no structure in excess of the allcwable building height shall be used for sleeping or eating quarters, not shall such structure exceeding' the allowable building heights be allowed for the purpose of providing additional floor space. 5-22 Yard Regulations Except as provided in this Section, every required front, side and rear yard shall be open and unobst,ucted from the ground to the sky, provided, how ever, that when the corrmor. f,ouncic,:y line separating two (2) or more conticuous lots is covered cr partiolly covered by a building or permitted group of brrildir.,Is, ,r whe.i. tvio (?) or more such lots are used as a s;r,ole buildinc sire, such lots shall constitoite a single building site and the yard ;,pac^s ;�s requir,.d by this Di-dinance shall then not apply to such cornrncn boundary line. 5-23 Yards Required on Corner Lots In any residential zone, other tl•,in the HR and HC zones, as defined in this Ordinance, in case of u corner I.,t abut',ir. i upon two (2) streets, all buildings shall have a rr irrim m :r_�:Hc;.k of fie n feet (10') from the side lot line adjacent to the ,ic'^ s`­eet. 5-24 Through Lots To Have Two Front Yarc!, A through lot shall maintain a fro-it ynr -1 .idjacent to each street upon which it fronts, where such front ,•ar 1 are required in a specific zone. 5-25 Front Yard Requirements Deemed Met Any front yard requirement shall he deemed to be met when the depth of the front yard provided at least equals the average of that estate)ished by front yards of existing buildings which occupy fifty percent (50%) or more of the lots within the same block or zone. 5-26 Front Yards Of Improved Lots Control The depth of front y:ards on unimproved lots in any block where all existing main buildings have front yards with a depth greater than required by the provisions of this Ordinance for the porticular zone shall be not less than the minimum d,;pth of such exis'ring front yards, but need not be more than ten (I)) fec; in excess of that required by said provisions in any case. Buildi:- ,.; :-/hick are tonally confined to the rear half of the lot shal l not be considered in i nterpreting and applying the provisions of this Section. 5-27 Set-Back Lines Measured From Properly Lines In all zones which require front, side and/or rear yards, the required depth of said yards shall be measured from the property line along a line perpendicular to the property line. 5-28 Irregularly Shaped Lots In the case of lots having more than four lot lines or lots which vary considerably from a rectilinear or trapezoidal char'2, the rear lot line shall be considered as the line moss r�,,jrly opreslfre from and parallel with the street line on which 1''ie lot abuts. In the case of triangular or gore-shaped lots, the rear lot line shall be considered a straight line fifteen feet (15') in !erlth which, (a) is parallel to the front lot line or its chord and (h) ir'ersects the two side lot lines at points most distant from the front lot line. 5-29 Permissible Reduction of Side Yard On lots less than sixty feet (60') it width and of record prior to the effective date of this Ordinance or ;ts nrcr'?ressur, the required side yard may be reduced one and onp-hcV riches (I-1-'2 ' ) for each foot such lot is less than sixty feet (60') providod that in no case shall the width of the side yard be reduced Jo le:s thnn three feet (3'). —29— AWL ... 5-30 Commission May Establish Modification Formula For Yard Requirements The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front, side, and rear yard depths or widths in all zones if geometric shape, dimensions and/or topography are such as to make impractical the literal application of yard requirements contained in this Ordinance. Following adoption of such formula or standard practices, and approval thereof by the Town Council, they shall be applied as an administrative act. 5-31 Permissible Coverage Of Required Rear Yard Canopies or roofs in any combination and the accessory buildings in a required rear yard shall in no case occupy more than fifty percent (50%) of the required rear yard area. 5-32 Structures Permitted To Intrude Into Required Yards The following structures may intrude into any required yard which is five feet (5') or greater in width or depth, provided, however, that no such structure shall intrude into the required yard a distance greater than is permitted in this Section. A. Cornices, eaves, belt courses, sill-,, buttresses, or other ' similar architectural features - one and one-half feet (1-1/2'). B. Fireplace structures not wider than eight feet (8') measured in the general direction of the wall of which it is a part - two feet (2'). C. Open stairways, balconies, and fire escapes - two and one-half feet (2-1/2'). D. Uncovered porches and platforms which do not extend above the floor level of the first floor - two and one-half feet (2-1/2') into required side and rear yards and six feet (6') into required front yards. E. Planting boxes or masonry planters not exceeding forty-two inches in height - two feet (2'). F. Guard railings for safety ,protection around depressed ramps - two and one-half feet (2-1/2'). 5-33 Modification of Required Front Yards The depth of required front yards may be modified on unimproved lots intervening between lots having non-conforming front yards of a depth less than required by this Ordinance. Such modification shall permit the unimproved lot to have a front yard depth equal to the average depth of the front yards on the two adjacent lots, provided, however, that no such modification shall permit a front yard depth of less than fifteen feet (159. -30- 5-34 Wall, Fence, or Hedge Mny Be Maintained No fence, wall, or hedge shall he permit nd which exceeds the following height limits above the existing grc�i)nd level- A. Between an abutting front or side street and the minimum distance the nearest main building is required to be set hark from such street - thirty-six inches (36"). B. Elsewhere - six feet (6). C. Fences or structures over six feet (6') in height, to enclose tennis courts or other game areas within the rear half of the lot, shall be composed of wire mesh or steel mesh capable of admitting ninety percent (90%) of light as measured on a reputable light meter. Such fences shall be permitted to extend to the rear and side lines of the lot if, after investigation by the Plar.iiing Commission, it is the opinion of the Commission that such an en:losure will not con- stitute a nuisance to abutting property. Said Commission's opinion shall be in written form and shall be made a part of tha Commission's Official Records. 5-35 Alley May Apply to Depth of Rear Yard In Certain Cases Where a rear yard opens onto a public alley, one-half (1/2) of the width of such alley may be considered ns cir:.flying to the depth of the rear yard to the extent of not more: than fifh/ percent (50%) of the depth of the required rear yard. 5-36 Lot Area Not To Be Reduced No lot or building site area shall be so reducfirl or diminished that the yards or other open spacesshall be small �r t!-.;m prescribed by this Ordinance. 5-37 Lots Not To Be Reduced In Size Below Mi,iim,-n "e.-j sired Area No lot shall be reduced in size so tF .t 'ie -�n there-c is Inss than the minimum required area for a lot in ti o; ­one %-/i,;r;h such lot is located except when such reducion ri.;!ll`s fi-rm rartiol acquisi- tion for public use. 5-38 Area For Public Buildings Ard Utilit;/ Bui'-Ii r,s ",.-v Pe Redim.nd Where a lot or building site is devoted e: to public buildings and uses, and said lot or building is ow,­­I by a Town, County or other political subdivis'on or by n ; .,blir ,'-ilih/ cemrany, and no living quarters are loc.ited on such I,,t o-• 1•,�A!Jing site, a special use permit may be issued authoriz?ny :i i:.:!t• :firm in the minimum required area for such lot or I,uil,.;; .g sl,.). -31 - 5-39 L.ocotion Of Accessory Buildings Detached accessory buildings or non-residential or commercial trailers in any Rnsidential zone shall conform to the following regulations as to their locction on the lot or building site: A. They may be constructed anywhere the main building would be permitted. B. They shall not be closer than ten feet (10') to the main building or to any other accessory building except that private garages and carports may be closer to the main building than ten feet (10') if adjoined to the main building by an enclosed walkway or an open breezeway. C. They may be constru-te-! in n required rear yard provided they occupy not more then fi --rcont (50%) of the required rear yard area, but not within sev,;n f°et (7) of the rear property line if that is the side property line of on rdjoining lot. 5-40 S igns In addition to the signs permitted in any zone, on each lo; or parcel there may be one sign not larger than four (4) square feet in size specifying that the property is "For Sale" and by whom, the zoning classification of the property, the uses of such property authorized by this Crdinance and/or flee fact that a special permit has been granted for the u:e of the Ficpnri/. 5-41 Certificates Cf Occur.,:�r.cy And Lk,e A. It shall be unlawful fcr r---y rcrson to occupy any property, including any buil-:ir.7 rr F-irt cf :.uil-t'r-, or any addition to an existing building or any in which �tru��; al alterations or repairs have been made unless th^r: has I-rcn is-:,nc' I / tF TU:�n of Taos a Certificate of Occupancy and Use sFt:ci6yh-g the r - rtirul- i cr class of occupancy for which said property, lht,ilding or F-rt :f a may be used. The Certificate of Occupancy crid Use shill 1,F i'I; c' only after the building or part of a building, or any altera;iois c:• rc ;xiirs thereof, have been completed and finally imrvcted by cuihcriz(-A rc:Frccentatives of the Planning Commission and Fire CcF7r`c2ert, end State Building Inspector, and has been found by them to ccnipl/ N•it:: all i:.e rc(iuirements of the applicable codes, and with the Ic; of +e State of ,!:.w Mexico, for said occupancy and use specified in said Certificat;:. B. Written application fer r, C -•rtificate of Occupancy and Use for the use of vacant land or for ci - 11ar9 in character of the use of land, as herein provided, shall be before any such land shall be so occupied or used. Said application shall be filed with the Planning Commission and the proposed use shall be in,estiga;ed by the Planning Commission and, if the proposed use conform; to the provisions of this Ordinance, a -32- Certificate of Occupancy and Use shall be approved prior to the issuance of any other permit or license as may be required under the provision of the applicable codes. C. One copy of the Certificate of Occupancy and Use shall remain on file in the office of the Planning Commission. Certificate of Occupancy and Use shall contain the following information: 1. Name and address of owner or lessee. 2. Address of property on which use is proposed. 3. Type of proposed use or occupancy. 4. Uses incidental to proposed use or occupancy. 5. Approval of the Planning Commission. 6. Signature of applicant. -33- SECTION 6 - BOARD OF ADJUSTMENT: FSTABLI',HMENT, PROCEDURE, POWERS AND DUTIES: A pr'A I S 6-1 Establishment Of Board A Board of Adjustment is hereby established. Said Board shall consist of three members to be appointed by the Mayor with the approval of the Town Council. At least one member shall be a member of the Town Council and at least one merrher shall be a member of the Town Planning Commission. The other member shall not be a member of these bodies. The term of office of Council members shall be three years except that of the initial appointees; one shall be appointed for one year, one for two years, and one fci- tl;ree years. Board members may be removr;d from office by the Town Council for cnuse u;non written charges after public hearings. Vacancies shall be tilled by appointment by the Mayor with approval of the Town Council for the unexpired term of any member affected. 6-2 Procedures: General The Board of Adjustment shat) acJ(-pt rules necessary to the conduct of its affairs, and in keeping with 6o previsions of this Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his cchsence, the acting Chairman, may administer oaths and compel the at`endance of witnesses. All meetings shall be open to the pul)li,-. The Board shall keep minutes of its prcceedir;as shov,i c) the vote of each member upon each question, or if a merr;' ar be c':•^nt or fail to vote such fact shell be indicated. The Bccrrd shall I ecp a record of all of its official acrior.Z, said record to bo Wed in the office of the Board as a public record and in the Town Clerk's CO3 rfice. 6-3 Powers and Duties The Board of Adjustment shall her e the f,- ;!nwing ewers and duties: A. Adminictrative Review - To hear and rler:ir?e aopei!s where it is alleged there is error in ar.v re-quir�-:rnon+, decision, or determination mado Ly the o,chniinisi:ati . : ;F:i nls in the enforcement of this Ordinance, end may reverse, of'iim, or :ir::lify c:ny administrative action related thereto. B. Variances - To uuthorize in specific caws such var:ance from the terms of this C.c':n�irce as wil! not be con•r,:ry to the public interest. The conc!uct of hearings on variances shall be in conformance with the provisions of Section 7, 8 and 9 of 1-!Js Ordinance. —34— Y SECTION 7 - VARIANCES 7-1 Variances May Be Granted When practical difficulties and unnecessary hardships inherent on the land, or results inconsistent with the general intent and purpose of this Ordinance occur by reason of the strict interpretation and enforcement of any of its provisions, the Board of Adjustment, upon its own motion may, or upon the application of any interested person shall, initiate proceedings for consideration of the granting of a variance from the provisions of this Ordinance under such corditions as may be deemed necessary to assure that the intent and purposes of this Ordinance will be observed, and that the health, safety, and welfare of the community be secured, and that substantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by such variance but subject to the other provisions of this Ordinance, particularly paragraph 7-3 below. 7-2 Purpose of Variance The sole purpose of any variance shall be the modification of the specific regulations of this Ordinance and shall be for the purpose of assuring that no property, because of unique circumstances appli- cable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. Variances are hereby declared to be administrative acts, and the authority to approve, conditionally approve, or disapprove a petition for a variance is hereby vested in the Board of Adjustment, stibject to the provision notes! in 9-5 below, titled 'Setting H^­rinns % Self-imposed hardships shall not be justification for crrntinq a variance. This Section shall not be interpreted es rvi�iorizing the Board of Adjustment to permit any use otherwise p,.-nhibited by this Ordinance, nor to grant densit+es of use in excess of those specified in this Ordinance. 7-J Variance Not To Constitute Ordi nonce Amenr!mPnt A variance shall not be construed to be an amendment to this Ordinance or cause the maps which are a part of this Ordinance to be changed, nor shall a variance be used as a procedure to change or he permission to alter the use of land and/or structures not permitted within the district in which an application for a variance is mach. -36- A 6-4 Appeals From Board Action Any person or persons, or any board, taxpayer, department or bureau of the Town aggrieved by any decision of the Board of Adjustment may file a written notice of appeal to the Town Council. Based upon said appeal, the Town Council shall review the decision of the Board of Adjustment and take appropriate action in the manner specified in Section 9 of this Ordinance. —35- Alk 7-4 Required Showing For Variance Before any variance may be granted, it shall be shown: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property. B. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. C. That the granting of such variance will not be materially detH mental to the public welfare or injurious to the property or improvements in the vicinity. D. No non-conforming use of neighboring lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance. 7-5 Variances May Include Conditions Variances may be granted upon such conditions and limitations and for such periods of time as the Board of Adjustment or the Town Council shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Ordinance shall be achieved. 7-6 Variances Involving Minor Deviations When in the public interest by action taken aL n regular meeting, without publishing or posting of notices, the Board of Adjustment may consider and render decisions on variance cases involving slight modifications in the provisions of this Ordinance, limited to t!-e fallowing: A. Area requirements may be reduced by not more than ten (10) percent of that required in the zone. B. Yard requirements may be reduced by permit+inq portions of a building to extend into and occupy not more than twen-y (20) percent of the area of a required yard adjacent to the main structure. 7-7 Voiding of Variances Each variance granted under the provisions of this Ordinance shall become null and void unless: A. The construction or use authorized by ,aid variance shall have been commenced within six (6) months after the granting of said variance and pursued diligently to completion. B. All conditions under which said variance was granted are complied with in their entirety. C. In the even that circumstances br:yond the control of the developer arise which prevents commencement of t;ie project within the specified six months time limit, the Board of Acjus;mont may, upon he reatiest of the developer, extend the time limit for comm. encement for a maximum time of an additional six months period, -37- SECTION 8 - SPECIAL USE PERMITS - CONDITIONAL PERMITS - PUBLIC USE PERMITS 8-1 The Town Planning Commission May Approve or Disapprove of Special Use rmits, Condition Use -brmits and F1!bk i' is Use Permits Permits for uses specifically listed in 4-1 and 4-2 of this Ordinance, and for other uses which the Planning Commission finds it impractical or impossible to classify specifically, as to residential, commercial or industrial usage or uses stipulated as conditional in the various zoning districts, may be granted by the Town Planning Commission under the procedures stated in this Ordinance. 8-2 Granting of Special and Conditional Use Permits Not Permitted The Planning Commission shall disapprove of any Special, Conditional or Public Use Permits for any use which: A. Is specifically permitted by the provisions of this Ordinance in a zone which is less restrictive than the zone in which the property on which the permit requested is located. B. Is specifically prohibited, by the provisions of this Ordinance, in the zone in which the property on which the permit requested is located. C. Can, under provisions of t!iis Ordinance, be specifically classified as a residential, commercial or industrial use. 8-3 Showing For Special Permit Not Required All applications for special use permits a-J public use permits shall be made, considered, recommended and granted or denied in the same manner as set forth in Section 7 of this Ordinance for the making, considering and granting or denying applications for variances excepting that such action shall be mnde by the Planning Commission with right of appeal by the proponent to th3 To:vn Council. Showings required- in subdivision (a) and (.i) of 7-4 of this Ordinance need not be made. For uses specified in subdivision (a) of 74 of this Ordinance, public benefit resulting from t:ie proposed fa^.ility at the proposed location shall exceed any detriment to the health, safety and general welfare or injury to prunerty ur i.:.;. ..)vem�,nts in the area. Special use permits may be granted for such period of time curl under such conditions and limitations as m-7y be deemed by the Town Planning Commission as appropriate and nec':sary. -38- s SECTION 9 - GENERA(. PROCEDURE PROVISIONS - VARIANCES AND PERMITS 9-1 Form of Application Blanks and Type of Required Information The Bcard of /adjustment, in the case of Variances, and the Town Planning Commission, in the case of Special Us'� Permits and Conditional Use Per- mits, shall prescribe the form in which applications shall be made for variances, conditional use permits or special use permits. They may pre- pare and provide blanks for such purpa;e and may prescribe the type of information to be submitted in the application by the applicant. No appli- cation shall be accented unless it complies with such requirements. 9-2 Petitioners State of Justification Each application for a variance shall be accompanied by a written statement of facts by the petitioner showing why, in the opinion of the petitioner, the granting of said variance is necessary in order that the provisions of 7-4 of this Ordinancf: may be met. In cases where the Board of Adjustment considers the conditions set forth in this statement as not Falling within the scc•)e of the variance procedure, the applicant shall bo so inform­..' . \., "ereupon, if the appli(:ation is filed, it s hall be signed by t!)c ; etitioner to the effect that he has been so informed. Filing of an ncplication shall not constitute any indication of approval . Such written :,tatements shall likewise be presented to the Planning Commission with requests for conditional use permits and special use permits 9-3 Supplementary Information An application for a variance conditional use or special use permit as provided herein shall be also accompanied by: A. Two (2) sets of a description of th � prop-:rty involved and plans for the proposed use. Said plans sh:ili be . awn to scale and shall show the general location of structures and other features proposed for develormcnt on the si±-3. B. Evidence, satisfactuiy to the applicable board or commission, of the ability ripd intention of the r!,,•,licant to proceed with actual construction worl: in accordance il'i said plans within six (6) months after issuance of the variance, ccr 'nal use permit or special use permit. 9-4 Filing Fee for Varia-,,;e and Special tI;^ iit A fee of Fifty Dollars (S50.00) shall paid to the Town of Taos through the office of the Town Clerk upon the filing of each application for a variance, coil di ti c*ra I use permit or special use permit as provided for in this 0rc401ance. -39- s~ Said fee shall be for the purpose of defraying the expense of postage, publishing, advertising and other costs incidental to the proceedings prescribed herein. Payment of the filing fee shall not be construed _ in any way to be approval of the proposed variance, conditional use permit or special use permit. No refund of any filing fee shall be granted if processing of the application has been started. 9-5 Setting Hearings- All applications for variances, conditional use" or special use permits as provided in this Ordinance, shall be set by the Board of Adjustment or the Planning Commission or its delegate for public hearing. The date of the first of the hearings shall be not less than thirty (30) days nor more than forty-five (45) days from the time of the filing of the application. ~ 9-6 Notices Notice of time and place of public hearings may be given in the followinq manner: A. By publication of a Notice of such h,,nring once in a newspaper having a general circulation in the City and such notice shall be published not less than (15) days prior to the date of such hearing. The Notice shall contain a brief description of the property involved, the general location of the property and shall contain the heading "NOTICE OF PROPOSED VARIANCE" or "NOTICE -OF PROPOSED SPECIAL PERMIT", or "NOTICE OF PROPOSED-CONDITIONAL USE PERMIT", whichever the case may be and the time and place at which a public hearing before the Board nr Adjustment or Planning Commission will be held. B. Whenever action is proposed for an area of one (1) block or less, notice of the public hearing shall be mailed by certified mail, return receipt request- ed, to the owners, as shown by the records of the County Assessor, of lots or land within the proposed area to be changed by the zoning regulation and within one hundred (100) feet, excluding public right-of-way, of the area proposed to be changed by the Zoning Regulation. 9-7 Investigations The Board of Adjustment or Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as wit I I serve to provide all necessary informdtion to assure action on each case consistent with the purpose of this Ordinance and with previous amendments and vcr ' 9-8 Hearings May Be Continued Without Recourse to Public Notice If, for any reason, testimony on any matter set forth for public hearing cannot be completed on the day set for such hearing, the Board Member presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place -40- to, and at which, said hearing will be continued and no further notice shall be required. 9-9 Action On Variance Or Special Use Permit or Conditional Use Permit Not more than forty (40) days following completion of its investigation and hearing on the application for a variance, conditional use or special use permit, the Board of Adjustment or Planning Commission by adoption of a resolution. 1. Grant or deny the variance or conditional use permit or special use permit subject to specified conditions; and 2. Adopt written findings which specify al I facts relied upon by the Reviewing Body in rendering its decision, set forth wherein these facts fulfill or fail to fulfill the requirements of this Ordinance, and state the reasons for any conditions imposed upon action taken. Said resolutions shall be r,-mbered consecutively in the order of their filing and shall become a pert of the permanent records of the reviewing body . Failure of the reviewing body to act on any variance or use permit appli-ation within forty (40) days after filing of the application shall be deemed to be approval of the application 9-10 Files Shall Include Testimony A summary of all pertinent testimony offered at public hearings in connection with an application filed pursuant to provisions of this Ordinance, and the names and addresses of persons testifying at all public hearings before the reviewing body shall be recorded and made a part of the permanent files of the case. 9-II Notice of Decision Not later than ten (10) days following the rendering of a decision that a variance conditional use or special us permit be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application. 9-12 Effective Date - Time For Appeal The order of the Board of Adjustment or Town Planning Commission in granting or denying a variance or use permit shall become final and effective ten (10) days after the rendering of its resolution granting or denying the variance or use permit'unless within such ten (10) days period an appeal in writing is filed wiih the Town Council by either an applicant or an opponent. The filing of such an appeal within such time limit shall stay the effective date of the order until such time as the Town Council has acted on the appeal as hereinafter set forth in this Article. -41 - 9-13 Transmission Of Records To Town Council Upon filing of a written appeal to the Town Council as provided herein, The Town Clerk shall forthwith cause to be transmitted to the Town Council, certified copies of all material in the Board of Adjustments files which are pertinent to the matter in question. 9-14 Town Council To Hold Public Hearing Within thirty (30) days following the receipt of the written appeal the Town Council shall conduct a duly advertised public hearing, public notice of which shall be given in the some manner as provided in 9-6of this Article. The hearing before the Town Council shall be a hearing de novo and all interested persons may appear and present evidence. 9-15 Town Council Resolution On Findings And Decision The Town Council shall announce '+s findings and decision by resolution not mere than twenty days following the hearing, and said resolution shall state, amurg other things, the facts and reasons which, in the opinion of the Town Council, make the granting or denial of the variance conditional use, or special use permit necessary to carry out the general purpose of this Ordinance. 9-16 Decision Of Town Counr i I To Be Final The decision of the Town Council shall be final and conclusive on such appeal 9-17 Notice Of Town Council Decision Not later then ten ( 10) days fil lowing the n+,ntion of a resolution ordering tl'it a variance conditi final use or special use permit be granted or denied, a copy of said resolution shall be mailed to the applicant or opponent or to both if they be differ{ nt parties, and one copy shall be transmitted to the Board of Adjustment in the case of a variance and Planning Commission in the case of a conditional use or special use permit for filing in its permanent record on the case. -42- lip 9-18 Re-application No re-application for a variance, conditional use or special use permit which has been denied shall be filed earlier than six months after the date of such denial unless specific authority to do so has been granted by the Board of Adjustment, the Planning Commission or by the Town Council . Any re-annlication for variance or special use permit shall be considered as a new annlication, and shall be treated cs such, including the payment of a new filing fee. -43- M SECVON 10 - AMENDMENTS 10-1 Ordinance May Be Amended Boundaries of the zones established by this Ordinance, the classification of property used herein, or other provisions of this Ordinance may be amended whenever public necessity, convenience and generalwelfare require. 10-2 Initiation Of Amendment Amendments of this Ordinance may be initiated by; A. The verified application of one or more owners of property proposed to be changed or re-classified. B. Resolution of intention of Town Council. C. Resolution of intention of the Planning Commission. 10-3 Application For Amendment Filing Fee Whenever the owner of any land or building desires an amendment, supplement to or change of the regulations prescribed for his property, he shall file with the Planning Commission an application therefore, verified by him, requesting such amendment. Said application shall be submitted to the Planning Commission in duplicate and shall be on forms prescribed and approved by the Planning Commission, and shall be accompanied by a fifty dollar filing fee. Said fee shall be payable to the Town of Taos through the Office of the Town Clerk. Payment of the filing fee shall not be construed in any way to be approval of the requested amendment. No refund of any filing fee shall be granted if processing of the application has been started. 10-4 Commission To Hold Hearings Upon the filing of a proper application for an amendment, or on order of the Planning Commission or the Town Council, the Plarning Commission shall hold a public hearing thereon, and notice th:reof shall be given as prescribed herein. 10-5 Setting Hearings All applications for amendments to zone boundaries or classification of property uses within such zones as are defined by this Ordinance shall be set by the Town Clerk for public hearing when such hearings are to be held before the Planning Commission and by the Town Clerk for hearings to be held Before the Town Council. The date of the first of these hearings shall be not less than fifteen (15) days nor more than forty (40) days from the time of the filing of the application or the adoption of the order upon which such hearing is predicated. -44- 10-6 !`latices Notice of time and place of public hearings shall be given in the following manner: A. By publication of a Notice of such hearing once in a newspaper having a general circulation in the City and such notice shall be published not less than (15) days prior to the date of such hearing. The Notice shall contain a brief description of the property involved, the general location of the property, the zone changes which are requested and the time and place at which a public hearing before the Planning Commission or Town Council will be held. B. Whenever a change in zoning is proposed for an area of one (1) block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the County Assessor, of lots or land within the area proposed to be changed by the coninq regulation and within one hundred (100) feet, excluding }public, right-of-way, of the ! area proposed ro be changed by the Zoning Regulation. 10-7 Investigation The Planning Commission shall cause to be made by its own members or members of its staff, such investigation of fn,-ts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary inforr al",on to cssure action on each case consistent with the purpose of t'.iis Ordinance and with previous amendments or variances. 10-8 Commission Establishes Cwn Rules The Planning Commission may establish its own rules for the conduct of public hearings. The person acting as Chairman of the Planning Commission is hereby empowered to administer oaths to all persons testifying at a hearing bofare the plunnio j Ccinmission. -45- r A� 10-9 Hearing May Be Continued If, for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings, the Commissioner presiding at such public hearings may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall 1:e required. 10-10 Commission Shall Announce Findings The Planning Commission shall announce its findings by formal resolution not more than tort;, (40) days following the conclusion of the final hearing )r ony .-ipplication for a change of zone, and said resolution shall rec:;e . among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the application necessary to carry out the general purposes of this Ordinance, and shall recommend to the Town Council that an amendment to this Ordinance be adopted, or that the application lbe denied. 10-II Adoption of Resolution Requires Minimum /\ Jirmative Vo`e In the event the Planning Commission r opts r, resolution recommending to the Town Council that a proposed cha:-.0c of zone be approved, said resolution shall be adopted by not less tlin-i a two-thirds (2/3) affirmative vote of the total voting membership of the Commission. 10-12 Notice Of Commission's Decision When Approving When the Commission's action is to recommend the adoption cif an amendment to this Ordnance, the Commission shall, within seven days from the date of such action, notify the applicant by fowarding a copy of the resolution to the applicant of the address dic%vn on the application, and shall forward to the Town Council a r,anv of said resolution, together with the complete file in the case. 10-13 Notice Of Decision Of Commission V,` en Denying Application When the action of the Commission is to deny an application, the Commission shall , within seven (7) days from the date of the adoption of its resolution, notify the applicant by forwarding a copy of the r.ssolution to the address shown upon the application. 10-14 Commission Action Shall Be Final, When Denying Application The action of the Planning Commission in denying an application for amendment shall be final and conclusive unless, within twenty (20) days following the date of decision by the Planning Commission, an appeal in writing is filed with the Town Council by the applicant. -46- C 10-15 Transmission Of Commission's Record To Town Council Upon receipt of a written appeal filed with the Town Council by the applicant, as provided in this Section, the Clerk of the Town Council shall advise the Secretary of the Planning Commission who shall transmit to said Clerk of the Town Council the Planning Commission's complete record of the case. 10-16 Town Council to Hold Public Hearing On Commission's Recommendations On Proposed Amendment Within forty (40) days following receipt of the Resolution from the Planning Commission recommending the adoption of the amendment or the filing of a written appeal from an order of the Commission denying an application fcr the amendment of this Ordinance as provided in this Section, the Town Council shatI conduct a duly advertised public hearing on the matter, public notice of which shall be published in a newspaper of general circulation in the Town not less than fifteen (15) days prior to said hearing. 10-17 Adverse Decision To Be Referred To Planning Commission If the majority opinion of the Town Council is any way contrary to the action taken by the Planning Commission, the Council shall refer their findings to the Planning Commission and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to report to the Town Council within forty (40) days after reference may be deemed to be approval by the Planning Commission of any proposed change. 10-18 Decision Of Town Council Shall Be Final The action of the Town Council on the application for amendment shall be final and conclusive. a -47- SECTION II - LAND USE REGULATIONS IN THE VARIOUS ZONES II - 1 RP - Regional Preserves I. Intent: All land designated as in the Regional Preserve shall be i preserved in its natural state and shat I not be developed. 2. Permissive Uses A. Man made tra i Is to be used for foot or horseback. B. Trail markers C. Road markers, speed control signs and traffic control signs. D. School bus shelters E. Use of these areas by the movie industry for filming movies or parts thereof, providing said area used b%, the company is not altered from its natural setting and provided further that the company acquired a surety bond in the amount of $$50,000. assuring that the area used for filming will not be altered from its natural setting. F. Camping 3. Prohibited Uses A. Residential uses B. Agricultural uses C. Grazing of animals D. Recreational uses involving permanent development or machinery E. Commercial uses F. Mining G. Industrial uses H. Dump s i tes I. Sign other than road signs J. Lumbering K• Mobi le homes or Trai iers 4. Conditional Uses A. Tourist facilities or shelter pavilion. B. Camping areas provided no permanent facilities are used. C. Visitor center with buildings performing the function of tourist orientation, scenic cr historic site trips, displays of arts and crafts and other facilities for +he puip,,se of ir,f,) mina the tourist of social, eccnomic and physical environment of aren being visited. D. Single family residences. -48- 5. Uses Requiring Special Use Permits- Special or unclassified uses as defined in Section 4-1 and 4-2 or this Ordinance shall not be permitted in the RP zone. 6. Development Standards Planned Unit Development (PUD)-All development shall conform to a develop- ment plan which, in addition to typical requirements, shall stipulate details of possible environmental impact. 1 . Maximum Density of Development: One dwelling unit per 20 acres. 2. Minimum Planned Unit Development Size: 100 acres. 3. Planned Unit Development Standards: See PUD Section 11-14. I -49- 1 i� 11-2 CM-Conservation/Mesa 1 . Intent: All land designated as Conservation/Mesa shall be developed in in such a manner as to perpetuate its present aspect and so as not to materially modify vegetative cover and surface drainage patterns. 2. Permissive Uses A. made trails for foot or horseback. B. Trail markers. C . Roads and streets (which do not materially effect vegetative cover and natural drainage) . D. Vera low density residential use O.D.U. per 10 acres) . E. Grazing and ranching and related act'vities cnd facilities. F . Public owned and operated sanitary fill sites. G . Agricultural uses and related activities and facilities. 3. Conditional Uses A. Mining B. Lumbering C . Recreational uses providing they are compatible with the land. D . Uses requiring special use permits - dump site. 4. Prohibited Uses A. General commercial uses. B. Mining - without conditional use permit. C . Industrial uses. D . Signs or advertising. E. Feed lots. F . Mobile homes. 5. Uses Requiring Special Use Per-nits- S•)-cial or +,nclassifird uses as defined in Section 4-1 and 4-2 or this Ordir-ince shall he permitted in the CM zone, providod the Town Council epproves such use following a public hearing which hcs been c:)nduco'cc I in con otmance witl: the provisions of this Ordinance. 6. Development atc_necrris U A. Planned nit C,--vJopmPnt (i'UD) 1 . Maximum Density of N-elepment: Cre dwelling unit per 10 acres. 2. Minimum Planned Unit Development Size: 100 acres. 3. Planned Unit Development St- -,Hnrc's: See PUD Section 11-14. B. Development Standards for nun-PUD subdivisions. Minimum Ict size: 10 acres Minimum frontoge: 300' Front yard set bcck: 50' Side yard set back: 25' Rear yard set back: 50' Maximum height: 2 stories or 25' -50- L ± : 11-3 CV - Conservation/Valley I. Intent: All land designated as in the Conservation/Valley Zone shall be developed to preserve its present agricultural character. 2, Permissive Uses: A. Uses permissive in RP and CM. B. Farming and such buildings and uses accessory thereto. C. Grazing of animals D. Single family dwelling if accessory to prime agricultural use, E. Roadside stands offering for sale only farm products which are produced upon the premises, provided such stands shall be removed during any period when they are not in use. F. Home occupations, provided the following conditions are complied with: I . No person outside the imrnediat,, family occupying the premises shall be employed, 2. No stock in trade shall be displayed on the premises.and only products resulting from the home occupation may be sold from the premises. 3. Only one (1) occupation shall be permitted on the premises at any one time. 4. All activities shall be conducted entirely within the dwelling. 5. One and only one (1) unlighted sign having a maximum area of four (4) square feet and identifying the occupant and home occupation shall be permitted on the premises. 6. There shall be no external evidence of the activity such as commercial vehicles, outside storage of stock or materials; and no noise, odor, dust or fumes. G . Accessory uses and buildings customarily incidental to any of the above uses, when located on the same lot or parcel and not involv- ing the conduct of a business. H . Storage only of sports trailers, and campers, orovid!,d raid vehicles are not i n excess of thirty (30) feet in length and provided that said trailers and/or campers are not used for human habitct*nn nor shall they be connected to any public or private utility system stich as water, gas,electricity. 3. Prohibited Uses: A. Residentio development. B. Industrial use. C. Dump site . D. Sign other than as stipulated above. E. Strip and open pit mining F. Commercial uses. G.. More than one dwelling unit per lot other than guest house or farm labor housing. -51 - 4. Conditional Uses: A. Mining of her than strip and open pit. B. Lumbering C. Recreational uses providing that they are compatihle with land. D. Uses requiring special use permit: Damp site. E. Residential uses as necessary. F. Cottage Industry - provided the following conditions are complied with: 1. Employment shall be limited to a maximum of five persons plus no more than one additicnal person for every two acres above the minimum lot size. 2. Structures housing cottage industries shall occupy no more than five (5) percent of the area of the lot upon which they are located. 3. No noxious, odorous or hazardous p-•ocesses shall be empinyed; nor shall the use or storage of explosi -es or fl...n;„able m--aerials be permitted; nor shall said cottage it-dustries he permitted to emit dust, noise or glare beyond the properties cn which they are located. 4. One parking space shall be provided for each employee. 5 . Only one (1) unlighted sign, having a maximum area of ten (10) square feet shall be perm0ted. 6. Parking, outdoor storage arias or other unsightly appurtenances shall be screened from public view. G. Agriculturally related industries such as cotton gins, food processing plants, packaging plants or mills providing the following conditions are complied with: 1. The site employed for such use shall be no smaller than five acres. 2. Structures housing agriculturally related industries shall occupy no more than twenty (20) percent of the parcel Upon which they are located. 3. No noxious, odorous or hazardous pros,:,,es shall he employed; nor shall the use or storage of excolosives or flammable materials he permitted to emit Alst, smoke, noise or glare beyond the properties on whi .h they are located. 4. I1lo such industry shall be permitted closer than five hundred (500) feet from an existin.1 residence on shutting adjacent properties or From any zone in which residences are permitted. 5. One parking space shall be provided for eai;h employee. 6.. Parking, outdoor storage areas or other unsightly cppurten- ances shall be screened from public view, -52- i . H. Feed lots, provided that the following conditions are complied with: a. Livestock in a feed lot shall not be corraled within five i hundred (500) feet of any residence or any zones in which residences are premitted as a primary use. j b. One parking space shall be provided for each employee. i I . Mobile home or other temporary pre-fabricated dwelling used during con- struction of a permanent structure and not to exceed six (6) months. 5, Uses Requiring Special Use Permits - Special or unclassified uses as defined in Section 4-1 and 4-2 of this Ordinance shall be premitted in the RA zone, , provided the Town Counci I approves such use following a public hearing which has been conducted in confor-mance with the provisions of this Ordinance. 6, Development Standards A. Planned Unit Development (PUD) 1 . Maximum Density of Development: One dwelling unit per 10 acres. 2. Minimum Planned Unit Development Size: 100 acres. 3. Planned Unit Development Standards: See PUD Section 11-14. B. Development Standards for non-PUD subdivisions. Minimum lot size: 10 acres Minimum frontage: 300' Front yard set back: 50' Side yard set back: 25' Rear yard set back: 50' Maximum height: 2 stories or 25' :i -53- r 11 -4 RA - Residential - Agricultural Zone 1 . Intent and Pur oosse -- This zone is intended to promote and encourage a suitable environment for single-family residential ose on lcigip parcels of land where extensive demand for urban development hcs. cs vet, grit bAen made to provide for a low density of population cnmpat;hln rr.th n rural farm environment and in which the extension of comm,mi;y water and sewer is precluded. 2. Premissive Uses A. A farm or ranch, provided that livestock or poultry is not kept in corrals, barns or structures located within fifty (50) feet of an ad- jacent residential property. B. A single-family residence, provided that no residence may be located closer*. C. A guest house, used only as an accessory to the primary single- family home and not rented or otherwise condut;ted as a business. D. Home occupations provided that the some conditions listed in the CV zone are met.* E. Accc:::c.ry uses customarily incidental to the uses listed above. F. Ong; and only one (1) sign not to exceed fcur (4) Fgiiare feet in area and containing only the name and address of the occupants of Ilie premises. G. Stor vc, of sports trailers and campers subject to the same conditir-r's srecified in CV zone. *than 50' to existing livestock pens or other intensive cgricultural uses situated or abutting adjacent property which may be conside,nd incom- putable with residential development by virtue of its appearance, noise or odor or health conditions. 3. Prohibited Uses A. Mobile or trailers with or without wheel. B. Commercial uses, other than sale of agricul+ jra) prodticts, the majority of which were grown on the suhjecl- parcel . C. Industrial uses, other than those related to ogricu!tural endenvors. D. Signs (other than specifically specified). E. Multiple family uses. F. More than one dwelling per lot, other than a guest house or farm labor housing. 4. Conditional Uses A. Cottage industry, provided it meets the requi,ements stipula+ed in the CV zone. B. Horticultural nursery or greenhouse. C. Stables and riding facilities. D. Kennels. E. Veterinary clinic . F. Mobile home or other temporary pre-fabricated dwelling used during construction of a permanent structure and nr)t to exceed six months. -54- 5. Uses Requiring Special Use Permits - Special or unclassified uses as defined in Section 4-1 an d 4-2 R this Ordinance shall be permitted in the RA zone, provided the Town Council approves such use following a public hearing which has been conducted in conformance with the provisions of this Ordinance. 6. �Development Standards A Planned Unit Deve opment (PUD) I. Maximum overall density of I d.u. per two acres. 2. Minimum PUD size - 20 r,7res. 3. See PUD standards (in Section 11-14 of this Ordinance). B. Standards for Non-PUD Subdivisions I. Lot Area - each lot or parcel shall have a minimum of three (3) acres. 2. Lot Dimensions - each lot shall have a minimum width of two hundred (200) feet. Each lot shall have a minimum depth of Three hundred (300) feet. 3. Population Density - there shall be a minimum of two (2) acres of lot area for each dwelling unit, 4. Yards - (1) Front: Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of thirty (30) feet as measured at right angles from the front property line. (2) Side: There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shat! not be less than ten (10) feet in width. (3) Rear: There shall be a rear yard on each lot or parcel extending across the ful I width of the lot, said yard to have a minimum depth of not less than Noy (30) feet, 5. Height Limitations - two stories or 25 feet. 6. Off-street Parking - See 5-17 of this Ordinance. -55- AOL 11-5 R-I Single Family Residential Zone - Medium ` 1 . Intent and Purpose - This zone is intended to provide for the development of single family homes on smaller lots than required in the RA zone where community water supply is immediately available or can be readily obtained. It is also intended in this zone that a low density of population be maintained. 2. Permissive Uses - A. Buildings and premises on any lot in the R-1 zone shall be used for the following purposes only: B. One single family residence provided that no residence may be located closer than 50' to existing livestock pens •-)r other intensive agricultural uses situated or abutting adjacent proper�v which may be considered in• compatable with residential development by virtue of its appearance, noise or odor or health conditions. C. Agriculture, except the raising of animals or fowl for commercial purposes, or the sale of any products on the premises. D. A guest house not rented or otherwise conducted as a business. E. Home occupation provided the same conditions as listed in the rV zone are met. F. Accessory uses customarily incidental to the uses listed above. G. One and only one (1) sign not to exceed four (4) 591,nre feet in area and containing only the name and ,t idres of the occupants of the premises. H . Storage of sports trailers and campers rVbj-ct to the some conditions specified in the CV zone. 3. Uses Expressly Prohibited - Some as the RA zone. 4. Conditional Uses A. Mobile home or other temporary pre-fahrica!r:d dwelli-n used during construction of a Permanent structure and n, : .,-) exre six (6) months. 5. Uses Requiring Special Use Permits - Scme as RA zone. 6. Development Standards A. Panned Unit Development (PUD) I. Maximum overall density - one d.u. per acre with ccmmunity wa!-;r only. one d.u. per 1/2 acre with community water and sewer. 2. Minimum PUD size - 10 acres. 3. See PUD Standard Section II-14 of this Ordinance. B. Standards for Non-PUD Subdivisions 1. Lot Area - Each lot or parcel shrill have a minimum of one (1) acre excepting that where both community water and sewer are available lots may be reduced to 1/2 acre minimum. 2. Lot Dimensions - Each lot shall have a minimum width of one hundred (100) feet. Each lot shall have a r- nimum depth of two hundred (200) feet. -56- 3. Population Density - There shall be a minimum of one (1) acre of lot area for each dwelling unit excepting that where both community water and sewer are provided, the minimum density shall allow for one dwelling unit per 1/2 acre. 4. Yards - (1) Front: Each lot or parcel of land shall have a front yard extending across the full width of the lot or parcel, said yard to have a minimum depth of thirty (30) feet as measured at right angles from the front property line. (2) Side: There shall be a side yard on each side of the lot or parcel extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard shall not be less than ten (10) feet in width. (3) Rear: There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than thirty (30) ' feet. 5. Height Limitations - Same as the RA zone. 6. Off-street Parking - See 5-17 of this Ordinance. iI -57- 11-6 R-2 Single Family Residential Zone - High I. Intent and Purpose - This zone is intended to provide for develop- ment of single- ily detached dwelling units of higher density than allowed in the R-1 Zone when all public utilities (water and sewer) are available. 2. Permissive Uses - Buildings and premises in the R-2 Zone shall be used forte following purposes only: A. Single family dwellings. B. Guest houses not rented or otherwise conducted as a business, provided the lot or parcel on which the main building is located contains a net area of not less than ten thousand (10,000) square feet. C. Home occupations, provided the same conditions as are listed in the RA Zone are met. D. Accessory uses customarily incidental to the uses listed above. E. One and only one (1) sign not to exceed four (4) square feet in area and containing only the name and address of the occupant of the premises. 3. Uses Expressly Prohibited - Some as RA zone 4. Conditional Uses A. Mo ile home or of er temporary pre-fabricated dwelling used during construction of a permanent structure and not to exceed six (6) months. B. Arts and Crafts Shop C. Gallery 5. Uses Requiring Special Use Permits - Same as the RA zone. 6. Development Standards A. Panned Unit Development (PUD) I. Maximum overall population density - 6 d.u. per acre 2. Minimum PUD size - 2 acres. 3. See PUD Standards, Section II-14 of this Ordinance. B. Standards for non-PUD subdivisions I . Lot Area - Each lot in the R-2 Zone shall contain a minimum area of not less than seven thousand (7,000) square feet. 2. Lot Dimensions - Subject to the minimum area required in sub-paragraph (A) above, each lot in the R-2 Zone shall have a minimum width of sixty (60) feet. Each lot in the R-2 Zone shall have a minimum depth of one hundred (100) feet. 3. Population Density - There shall be a minimum of seven thousand (7,000) square feet of lot area for each dwelling unit in the R-2 zone. 4. Yards - (1) Front: Each lot or parcel of land shall have a front yard extending across the full width of the lot to have a minimum depth of twenty (20) feet as measured at right angles -58- to the front property line. (2) Side: There shall be a side yard on each side of a lot or parcel extending from the front yard to the rear yard, and open from the ground to the sky, said yard to have a minimum width of not less than seven (7) feet. (3) Rear: There shall be a rear yard on each lot or parcel extending across the full width of the lot, said yard to have a minimum depth of not less than twenty (20) feet. 5 . Height Limitations - Some as the ;R-A zone. -59- r 11-7 R-3 Multi-Family Residential Zone 1 . Intent and Purpose - The intent and purpose of this zone is to permit the development of multi-family dwellings in appropriate areas, thus allowing a higher density of population than in the single-family zone, but still maintaining a residential environment. 2. Usf.s Permitted - Buildings and premises in the R-3 Zone shall be used for the fol lowing purposes only: A. Single-family dwellings. B. Multi-family dwellings, including duplexes, triplexes, apartment houses, garden apartments, etc., but, not including motels, hotels, orother types of multi-family dwellings generally associated with a commercial enterprise. C . Fraternity and sorority houses. D . Boarding Houses. E. Lodging Houses. F . Home Occupation - provided the same conditions as are listed in the RA zone are met. G . One and only one (1) sign not to exceed six (6) square feet which may contain only the name of persons or establishment and address. 3. Uses Expressly Prohibited A. Mobile homes not situated in a mobile park or mobile how subdivision. B. Commercial uses except as stipulated under conditional uses. C . Industrial uses. D . Signs - other than as permitted above. 4. Conditional Uses A. Mobile home or other temporary pre-fabricated dwelling used during construction of a permanent structure and not to exceed six (6) months. B. Arts and Crafts Shop C . Gallery D . Small retail commercial limited to local shopping needs of the particular structure or complex of structures, but which is not gemerally apparent to non-residents and which is not intended to serve non-residents of the particular apartment complex which it is intended to serve. Such local retail business is intended to serve the day to day needs of a densly populated multi-family area within walking distance and should be designed for walk-in trade and as an integral part of the structure or complex. E . Mobile Homes - provided they are included in a mobile home park or mobile home subdivision of at leasy two (2) acres in size and that the following conditions are complied with: 1 . The mi ni mum area for any mobi le home park or mobi le home subdivision shall be not less than two (2) acres. 2. The area for each trai ler shall be not less than three thousand (3,000) square feet with a minimum width of thirty (30) feet . -60- M X �b to .. k 3. Spacing between trailers shall be not less than thirty (30) feet, whether said trailers are placed side by side or end to end. 4. The distance between any trailer and any building within the trailer park limits shall be a minimum of forty (40) feet. 5. The distance between any trailer and the property line of the trailer park shall be a minimum of forty (40) feet. 6. The distance between any trailer and the front property line of the trailer park shall be a minimum of forty (40) feet. 7. There shall be at least two (2) off-street parking spacesfor each trailer or dwelling on the trailer park premises. 8. Any area accessible to motor vehicles shall be surfaced with gravel, oil or other high-type paving. 9.All trailer sites shall be kept graded, drained and free of rubbish and litter. 10. Home occupations, subject to the same conditions specified in the RA Zone. 11 . Accessory uses customarily incidental to the uses I isted above. 12. Approval of overall development plan and implementa- tion thereof, and according to design conditions established for development by the Planning Commission. The requirements of a Development Plan are as stipulated in Section II-14 of this Ordinance. 5. Uses Requiring Special Use Permits - Same as the RA zone. 6. Development Standards . Panned Unit Deve opment(PUD) 1 . Maximum overall population density - 14 d.u. per acre. 2. Minimum PUD size - 2 acres. 3. See PUD Standards in Section 11-14 of this Ordinance. B. Standards for non-PIJD subdi•tisions. 1 . Lot Area - Each lot or parcel of land in the R-3 zone shall have not less than seven thousand (7,000) square feet excepting that a mobile home subdivision may have a minimum lot area of 3,000 square feet. -1 -61 - 2. Lot Eimensions - Each lot or parcel of land shall have a minimum width of not less than seventy (70) feet. Each lot or parcel of land shall have a minimum depth of not less than one hundred (100) feet, except that a mobile home subdivision may have a maximum width of thirty (30) feet. 3. Population Density - There shall be a minimum lot area of three thousand (3,000) square feet for each dwelling unit. 4. Yards - (1) Front: Each lot or parcel of land shall have a front yard extending across th., rul I width of the lot, said yard to have a depth of not less than fifteen (15) feet as measured at right angles to the front property line. (2) Side: There shall be a side yard on each side of the lot extending from the front yard to the rear yard, said yard to be open from the ground to the sky, and said yard to be not less than seven (7) feet in width. (3) Rear: There shall be a rear yard on each lot extending across the full width of the lot, said rear yard to have a depth of not less than fifteen (15) feet. 5. Height Limitations - No building or structure in the R-3 zone shall have a height of more than three (3) stories or thirty-five (35) feet, whichever is less. -62- } II-8 C-1 Neighborhood Commercial Zone I . Intent and Prtr•pose - This zone is intended to provide for the development of limited commercial enterprises in the neighbor- hood areas in which they are situated in order to supply convenience goods and services to the residents of these neighborhood areas. 2. Uses Permitted - Buildings and premises in the C-1 Zone shall be used fr)r the following purposes only: Multi-family dwellings Retail and service uses as follows: Art or antique shop, provided that all activities shall be conducted within a completely enclosed building and no outdoor storage shall be permitted. Art Gallery Bakery goods shop or' confectionery store wherein a majority of the prrclucts are sold on premises and at retail. Banks and financial institutions. Barber shop, beauty shop, shoeshine stand, or other such personal service establishment. Book or stationery store. Cleaning (clot!.-,,$) agency or clothes pressing establishment , provided it complies wi-h the fol'owing requirements: a. Inflammable or combustible materials shall not be used in any cleaning process. b. All activities shall be conducted within a completely enclosed building and no outdoor storage shall be permitted. c. Such agency or establishment shall be operated principerly as a retail business. d. That portion of the buildi, g in which any cleaning process shall be done at least f;fty (50) fee, f,om any RA, R-I , R-2 of R-3 dv r•Ilino o, any building which is a confrr-ninn w- . t Clinics, medical and dental Drugs`ores Exhibits, Museum Grocery, meat market and delicatessen Insurance Laundry agency, wc,,hnae• 'a or coin-operated laundry. Miniature ciolf course and ,fir wing mige Nursery or Flower shop N.-tin, r. stove ( ,'fic• s , kusines: and professional Pc-_I I , !or stor, Pnrkung !ot, :.�I rding lo: operated for profit and licensed as a se,prvate . nterpris Photonrapl-v s (c iu Produc.tirn ;a'--s, 'isr Ir- Pri ` . rn,.! -6 i• Radio and television studios and facilities. Restaurant, cafe Service station for automobiles, including sali of liquified petroleum gas for consumption but not for ttsaie, provided it complies with the following requirements: a. Any tube or tire repairing, battery charging or the like shall be conducted within a completely enclosed building. b. There shall be no outside storage of any kind. c. If any lubricating or washing is done outside a building, a solid wall or fence or a compact evergreen hedge at least six (6) feet high shall be maintained between such activity and any abutting or contiguous RA, R-I, h-2 or R-3 zones. Shoe repair shop Specialty shop 3. Prohibited Uses F Mobile Homes or Mobile Home Park. 2. Mobile Home Sales 4. Conditional Uses I. Single Family Dwelling - One single family dwelling on any lot or parcel of land in the zone may be permitted, provided a conditional use permit for said dwelling is first obtained from the Planning Commission, and further provided that said dwelling shall be used only by the owner or lessee of the lot or parcel on which said dwelling is erected or is to be erected, or by an employee of said owner or lessee, said dwelling to be used only in conjunction with any commercial use permitted under the terms of this section. 2. Single family residents, existing at the time of adoption of this Ordinance and which would otherwise be non-conforming buildings may be made conforming through issuance of a conditional use permit. 5. Uses Requiring Special Use Permit. Same as the RA Zone. 6. Development Standards A. Planned Unit Development (PUD) I. Maximum overall population density - 14 d.u. per acre. 2. Minimum PUD size - 2 acres. 3. See PUD Standards in Section II-14 of this Ordinance. B• Standards for non-PUD subdivisions. I . Lot Area - None required, except that any lot or parcel in the C-1 Zone, which is proposed to be developed to multi-family dwellings shall have a minimum area of seven thousand (7,000) feet. 2. Lot Dimensions - Width: No minimum required. Depth: No minimum required. -64- 3. Population Density - When lots or parcels in a C-1 Zone are to be developed to multi-family dwellings, each lot or parcel shall have sufficient area to provide three thousand (3,000) square feet of area for earh dwelling unit proposed to he erected. 4. Yards A. When a lot or parcel in the C-1 zone is proposed to be developed to multi-family dwellings, yard requirements of the R-3 Zone shall prevail. B . When a lot or parcel in the C-I zone is proposed to be developed to a permitted commercial use and said lot or parcel is odincent to a residential zone, the yard requirements of tLe adjacent residential zone shall prevail on the C--1 lot or parcel. C. Otherwise, no yards air required. 5. Off-Street Parking - See Section 5-17 of this Ordinance. 6. Loading - Every commercial building hereafter erected or established in a C-1 zone shall have and maintain off-street loadii-q ind un-loading area for thy; convenience or motor vehicles prov:dine service to the commercial t►se so establ ishod. 7. Heicuht Limitations - i`!o building or structure erecter) in the C-1 zone shat! I,:,ve a Ouight greater than t vo (2) stories or twenty-five ;21 feet, whichever is less. -6'S-