630 TOWN OF TAOS
ORDINANCES
YEAR: lq7q
NUMBER:
630
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Zoning Ordinance
TAGS New Mexico
CPA-NM-100,4-LP/D21
Work Item 3A1
June 1973
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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
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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,*
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(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'
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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.
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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.
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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.
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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'
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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.
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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.
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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').
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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.
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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,.).
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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
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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1
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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'
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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.
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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,
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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
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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.
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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.
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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.
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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
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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
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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.
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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 .
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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.
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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.
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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,.!
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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.
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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.
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