CHAPTER 154
PLANNING AND ZONING

Section

154.01    Purpose

154.02    Adoption of zone map and application of the zoning chapter

154.03    Definitions

154.04    Establishment of districts

154.05    R-1: Single-Family Residential District

154.06    R-2: Single-Family Residential District

154.07    R-3: Mixed Residential District

154.08    R-4: Single-Family Residential District

154.09    R-5: Single-Family Residential District

154.10    R-6: Multi-Family Residential District

154.11    M-H: Mobile Home Residential District

154.12    C-1: Retail Commercial District

154.13    C-2: Wholesale and Warehousing Commercial District

154.14    M-1: Industrial and Business Park District

154.15    H-1: Historical Site District

154.16    A-R: Agricultural Residential District

154.17    SU: Special Use District

154.18    E-1: Estate Residential District

154.19    O-1: Office District

154.20    T-Z: Transitional Zoning District

154.21    NC: Neighborhood Commercial District

154.22    Off-street parking requirements

154.23    Fence requirements

154.24    Nonconforming uses

154.25    Building permits

154.26    Occupancy permits

154.27    Special event permit

154.28    OS: Open Space District

154.29    PR: Parks and Recreation District

154.30    MU-A: Mixed Use Activity Center District

154.31    CBD: Central Business District

154.32    Overlay zones

154.01 PURPOSE.

(A) This is a chapter on zoning to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a 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; dividing the municipality into districts and regulating within such districts the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or lands; adopting a zone map of the city; providing for the administration of zoning, the interpretation of this chapter and the zone map, providing for appeals, applications, fees, and administration hereof; providing for amendments, enforcement, penalties for violation; and separability of provisions.

(B) It is intended by this chapter to promote the general health, safety, morals, convenience, and welfare of the people of the city. These regulations are required to provide adequate space for light and air; to avoid undue concentration of population; to secure safety from fire, panic, and other dangers; to control congestion on the streets and public ways; to control and abate the unsightly use of buildings or land; to facilitate provisions for community services and public utilities, including transportation, water sewers, schools, parks, and other public requirements; to encourage the most appropriate use of land; and to conserve and stabilize the value of property.

(Ord. 13-03)

154.02 ADOPTION OF ZONE MAP AND APPLICATION OF THE ZONING CHAPTER.

(A) The zones and boundaries of zones as established and shown on the official zone map on file within the Development Services Department (DSD), and all amendments thereto, are incorporated herein and designated as the official zone map of the city. Any use not designated a permissive or conditional use in a zone is specifically prohibited in that zone except as otherwise provided herein.

(B) Zoning boundaries indicated as approximately following right-of-way lines of streets, alleys, city limits, irrigation, or drainage ways shall be construed as following such lines.

(C) Abutting zoning along frontage on public rights-of-way shall automatically extend to the centerline upon vacation from public use of said rights-of-way.

(D) An application for change of zone of unplatted land must be accompanied by a plan delineating the boundaries of each tract requested to be rezoned.

(E) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered above, the Planning and Zoning Board shall interpret the district boundaries.

(F) In creating certain districts and allowing certain uses the city refers to the North American Industry Classification System, and any supplements thereto. Those portions of the manual or its amendments which are referenced in any law or regulation creating or modifying zone districts or allowed uses are intended to be adopted or incorporated herein by reference, but only to the extent that they are consistent with other provisions of the city relating to such zones, districts, or uses. The city reserves the right to modify within its laws or regulations any of the selected provisions within the manual or its amendments that the city might adopt.

(Ord. 13-03)

154.03 DEFINITIONS.

For the purpose of this chapter, the following definitions will apply unless the context clearly indicates or requires a different meaning.

ABUT/ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

ACCESS or ACCESS WAY. The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by city ordinance.

ACCESSORY BUILDING OR USE. A building or use that is appropriate, subordinate, and customarily incidental to the main use of the lot; a building detached from the primary structure and does not cumulatively exceed 75% of the size of the primary structure or 15% of the lot area, whichever is greater, and is located on the same site as the primary structure or principal use served.

ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit, attached or detached, which does not exceed 900 square feet or 50% of the primary structure, whichever is greater, and is on a lot 7,000 square feet or greater in area, but not a mobile home, with a separate entrance, kitchen, sleeping area and full bathroom facilities. An additional parking space that does not block a two-car garage is required for an accessory dwelling unit.

ACCESSORY LIVING SPACE. Living space that is accessory to the primary residence used for residential purposes which does not contain kitchen facilities located within an accessory building and on the same lot as the primary building on the lot.

ACRE. An area unit of measurement consisting of 43,560 square feet.

ACTIVITY CENTER. A collection of land uses that attracts residents and visitors for multiple purposes that may include: shopping, employment, culture, education, housing, government services, recreation, and entertainment.

AGRICULTURAL USE. The use of land where such land is devoted to the production of plants, animals or horticultural products, including but not limited to forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Agricultural use shall not include use of land for recreational purposes.

ALLEY. A public thoroughfare, which affords only a secondary means of access to abutting property.

AMATEUR RADIO ANTENNA. Any antenna used for the purpose of transmitting and receiving radio signals as licensed by the Federal Communications Commission.

ANIMAL FOSTER CARE PROVIDER. Any person who supplies a home to an animal on behalf of an animal rescue group while a permanent home for the animal is being found. Such providers shall follow the regulations set forth for foster homes in Chapter 116 of this code.

ANIMAL RESCUE. Any person or group who accepts companion animals for the purpose of finding a permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes, or boarding or keeping in licensed pet animal facilities. This definition does not include wildlife rescue and rehabilitation services.

ANNEXATION. To add additional territory into Rio Rancho’s jurisdiction thereby changing the boundaries of the community.

ANTENNA. A device designed to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, or microwave signals for earth orbiting communications satellites.

ARTERIAL STREET. A street having the primary purpose of carrying large volumes of traffic and does not usually provide direct access to individual properties. Arterials are designed to provide cross-city travel.

AUTO REPAIR, MINOR. Repairs and servicing that will produce relatively low noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles: air conditioning service, brake repair/replacement, engine oil changes, fluids replacement, exhaust system repair/replacement, shock absorber/spring/strut replacement, tire balancing/installation, wheel alignment, windshield/glass replacement, tune-ups, diagnostics, emission control service.

AUTO REPAIR, MAJOR. Repairs that produce relatively high levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles and repairs of a similar nature with respect to impacts on nearby properties: auto body customizing, auto body sheet metal/fiberglass/plastic repair/replacement, auto body prepping/painting/media blasting, chassis fabrication/repair, complete engine/transmission rebuild and replacement.

BALCONY. A small outdoor area, raised above the ground, directly accessible from within the building and open except for a balustrade on at least one side.

BASEMENT (OR CELLAR). A story of a building, which has at least one-half of its height below grade.

BAY WINDOW. A projection from the wall of a building that contains a window, is wholly above the level of the adjacent floor surface and does not result in any projection of the adjacent floor area.

BOARD. The Planning and Zoning Board of the City of Rio Rancho.

BOARDING HOUSE (BOARDING, LODGING HOUSE, OR BED AND BREAKFAST). A dwelling containing one or more, but not more than five, guest rooms where lodging is provided with or without meals for compensation.

BOARDING KENNEL. Any facility where dogs or cats are housed for the general public for a profit with the exception of state-inspected veterinarian hospitals, pet shops, animal grooming parlors and pet shelters.

BUFFER LANDSCAPING. Areas of landscaping parallel to a buffer wall.

BUFFER WALL. A stone, concrete, or masonry wall that is located on or near the property line between nonresidential zoned and residential property, is a part of a buffer zone and is intended to provide a buffer for the residential zone.

BUFFER ZONE. A strip of property located between commercially and residentially zoned property, where property lines abut, and intended to provide a buffer for the residential zone.

BUILD. To erect, convert, enlarge, reconstruct, or structurally alter a building or structure.

BUILDING. Any structure built for use of persons or animals.

BUILDING ENVELOPE. Refers to an area on a developable lot that delineates the maximum area of disturbance in which any building and associated structures may be located, exclusive of the driveway, underground utilities, irrigation, landscaping and natural material retaining walls (not to exceed four feet in height). The intent of this delineation is to preserve pre-existing grade and native vegetation outside of the building envelope.

BUILDING HEIGHT. Building height means the vertical distance measured from the finished floor elevation of the structure, to the highest point of the roof, parapet wall, or uppermost part. Chimneys, vents, or utility service structures shall not be included in the measurement of vertical dimensions.

BUILDING, PRINCIPAL. A building which occupies the major or central portion of a lot, is the chief or main building on a lot, or constitutes by reason of its use, the primary purpose for which the lot is used.

BUILDING, TEMPORARY. A building or structure intended for removal or demolition within a prescribed time not exceeding two years or as set out in a building permit.

CALIPER. A measurement of thickness or diameter of new landscape plantings measured six inches above ground.

CARETAKER LIVING QUARTERS. An accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, and the expressed purpose of the accessory housing unit is to provide housing for on-site security or operations personnel.

CARPORT. A structure not completely enclosed by walls for use to shelter automobiles.

CELLAR. A story of a building which has more than one-half its height below grade.

CENTER LINE. The line which bisects any right-of-way.

CLEAR SIGHT TRIANGLE. The area needed to be clear of site obstructions for safe vehicular turning movements based on AASHTO’s: A Policy on Geometric Design of Highways and Streets.

CLINIC. An establishment occupied by one or more members of the medical profession for the purpose of providing medical services.

CLUB. Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating, and/or recreation uses, and further whose activities are not conducted for monetary gain; including but not limited to civic, fraternal, charitable, religious, social, and patriotic organizations.

COLLECTOR STREET. A street that collects traffic from local streets and provides connections to arterial streets.

COMMERCIAL VEHICLE/EQUIPMENT. Any vehicle and/or equipment which has a gross vehicle weight rating that exceeds 10,000 lbs. that is used or designed for a commercial or industrial function. This term includes any vehicle/equipment that is not a noncommercial or a recreational vehicle.

COMMUNITY RESIDENTIAL CARE FACILITY. Any congregate residence, maternity shelter, or building for persons, which provides and whose primary purpose is to provide to the residents, within the facility, either directly or through contract services, programmatic services, room, board, assistance with the activities of daily living, in accordance with the program narrative, and/or general supervision of two or more adults who have difficulty living independently or managing their own affairs. COMMUNITY RESIDENTIAL CARE FACILITY does not include facilities for persons currently in custody of, or recently released by, correctional authorities that are designed to offer an alternative to imprisonment and/or to facilitate ex-offender reintegration into community life, nor does it include facilities for persons who require such services by reason of the effects of alcohol or drug abuse. COMMUNITY RESIDENTIAL CARE FACILITY does include facilities for recovering alcohol or drug abusers.

CONDITIONAL USE. A use allowed with conditions in the applicable zoning district as determined by the Planning and Zoning Board.

CONIFER. Any tree with needle leaves and a woody cone fruit.

CONSTRUCTION TRAILER. Is a movable structure, which may be a mobile home, that is:

(1) Located on a construction site and occupied by persons having construction or security responsibilities over such construction site; or

(2) Located on a construction site in order to provide storage for tools and materials.

CONVERSION. Changing the original purpose of a building to a different use with or without structural alteration requiring a building permit.

COURT. An open space that is more than half surrounded by a single building or buildings.

CURB CUT. Depressing the curb to the adjacent level.

DAY SPA. Any premises, place of business or membership club providing facilities devoted especially to health, beauty, and relaxation that deals with cosmetic, therapeutic massage, and/or holistic treatments, where people visit for professionally administered personal care treatments.

DECIDUOUS TREE. A tree that drops its foliage annually before becoming dormant.

DECK, UNENCLOSED. Structure usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by air space.

DENSITY. The measure of families, individuals, dwelling units, household or housing structures per unit of land, i.e., number of dwelling units per acre.

DENSITY, GROSS RESIDENTIAL. The ratio between the number of dwelling units located or proposed to be located on a lot and the area of the lot where the area to be measured includes all lands within the lot used or proposed to be used for roads or any other purpose other than an industrial use, and may be determined by dividing the lot area by the number of dwelling units.

DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings, structures, or accessory structures, any use or change in use of any buildings or land, any extension of any use of land, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage, deposition or extraction of materials; public or private sewage disposal systems or water supply facilities; for which permission may be required pursuant to city ordinances.

DRIVEWAY. An all-weather, vehicular access way connecting an off-street parking space or parking lot with a public or private street.

DUPLEX. A building arranged, intended, or designed to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING, MULTIPLE-FAMILY. A building arranged or designed to be occupied by two or more families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit but not including a mobile home.

DWELLING UNIT. One or more rooms within a building designed for residential occupancy by one family for living and sleeping purposes, and containing kitchen facilities, but not including a recreation vehicle or travel trailer, permanently installed on a permanent foundation which has received a permit from the city pursuant to R.O. 1987 or another permitting agency with jurisdiction, and the structure is either:

(1) Constructed to the standards adopted by the city and other technical codes, as of the date of the unit’s construction; or

(2) A single-family detached dwelling with a heated area at least 36 by 24 feet and 864 square feet, constructed in a factory to the standards of the U.S. Department of Housing and Urban Development, National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., HUD Zone Code II, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act (NMSA Chapter 60, Article 14), and with the regulations made pursuant thereto relating to ground level installation and ground anchors.

ENTERTAINMENT ESTABLISHMENT. An establishment which includes live performances and/or patron dancing, including but not limited to, nightclubs, dance halls or discotheques.

EVERGREEN. Those trees, including broad-leaved and conifer evergreens, that maintain their leaves year-round.

FAMILY. One or more persons who are related by blood or marriage, and including any foster children or a group of not more than five persons living together as a housekeeping unit by joint agreement on a nonprofit cost sharing basis, or a combination of persons related by blood or marriage along with unrelated adults living together and occupying a single housekeeping unit. In addition, up to 10 persons with a disability or handicap, including any staff residents residing in a dwelling shall be considered a family.

FAMILY CHILD CARE FACILITY. A private residence in which care, services, and supervision is provided to a maximum of 12 children for a period of less than 24 hours of any given day. The licensee will reside in the home and be the primary caregiver.

FENCING. A masonry, metal, or wood wall, or plantings such as hedges, forming a boundary to and enclosing same area.

FLOOR AREA. The area included within the surrounding walls of a building measured from outside to outside, excluding vents, shafts, and courts.

FLOOR AREA, GROSS. For the purpose of this chapter, the sum of all the floor areas of a building or buildings, measured from the exterior of the supporting walls or supporting devices, including all accessory buildings on the same lot.

FRONTAGE. The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street. Lot frontage is the width of a lot measured along a street.

GARAGE, COMMERCIAL. Any building or structure where automobiles, trucks, tractors, or other vehicles are stored, painted, repaired, or equipped for a charge, and where the service and sale of gasoline and oil are incidental to the principal building use.

GARAGE, PRIVATE. A detached accessory building or a portion of a dwelling unit, which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed and excludes a carport or other open shelter.

GASOLINE SERVICE STATION. Any building or premises used principally for the storing, dispensing, sale, or offering for sale at retail, of gasoline, oil, and/or other fuels.

GOLF COURSE or CLUB. Nine- or 18-hole course, which may or may not be associated with a club house, but not including miniature course or golf driving range.

GRADE. The average of the finished ground level at the center of all walls of a structure.

GREENHOUSE. A transparent enclosed building used for cultivating plants.

HANDICAP RAMP. An inclined surface for handicap movement in lieu of steps.

HOBBY BREEDER. Any person that occasionally breeds and raises animals on their property as regulated in Chapter 116 of this code.

HOME OCCUPATION. An occupation conducted within a dwelling unit as regulated in Chapter 121 of this code.

HOTEL/MOTEL. An establishment or building providing lodging, food, and the like to travelers and long-term residents.

LANDFILL. A waste disposal site where waste is deposited with cover material being applied at regular intervals.

LANDSCAPING. To improve or ornament through the arrangement and/or modification of the effects of natural scenery over a tract of land for aesthetic effect.

LOT. Any parcel of land platted and placed on record in accordance with laws and ordinances; a parcel described by metes and bounds and having frontage on a public right-of-way.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.

LUMBERYARD. A facility where building materials such as lumber, plywood, dry-wall, paneling, cement blocks and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planing, cutting, and other customizing processes. Lumberyards may provide for the sale of associated products including tools and fasteners.

MANUFACTURING USE. Primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include, but are not limited to, assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment. Except as otherwise provided in this chapter, MANUFACTURING USES are defined, and distinguished from non-manufacturing uses in the North American Industrial Classification Manual.

MANUFACTURED/MOBILE HOME PARK. A unified development that provides space and facilities for manufactured/mobile homes.

MASTER PLAN. A comprehensive plan of development for a large tract of land (such as a growth node, or activity center that may include intended land use, street patterns, development timing and functional plans for open space, utilities, drainage and the interrelationship between the development and the city’s comprehensive plan).

MINING. For the purposes of this chapter, means the removal of sand, gravel, earth, rock, stone or mineral bearing substance from the ground for the purpose of obtaining any mineral therefrom.

MIXED USE. A project or single building which includes both primary non-residential and primary residential uses or where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated for the use of shared vehicular and pedestrian access and parking areas.

MOBILE HOME. A movable or portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit’s construction or built to the standards of any municipal building code.

MODEL HOME. Any furnished dwelling, which is primarily used as a marketing tool to show prospective homebuyers a particular plan, type of construction, accoutrements or floor plan and which is not a residence at the same time. A sales office need not be physically located in the dwelling.

MULTI-SECTION MANUFACTURED HOME. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations.

NIGHT SKY PROTECTION ACT. The Night Sky Protection Act regulates outdoor night lighting fixtures to preserve and enhance the state’s dark sky while promoting safety, conserving energy and preserving the environment for astronomy as per NMSA 1978 Chapter 74, Article 12, Night Sky Protection.

NONCOMMERCIAL VEHICLE/EQUIPMENT. A motor vehicle/equipment used in the conduct of normal daily activities which has a gross vehicle weight rating of not more than 14,000 pounds which can be lawfully parked in a nine-foot by 28-foot parking space. This term includes motor vehicles commonly called motorcycles, automobiles, vans, sport utility vehicles, light trucks or pickups.

NONCONFORMING USE. Lots, structures, and uses which were in conformity with the applicable zoning ordinance and regulations when created but which would now be prohibited or do not conform to one or more of the regulations in the zoning code or future amendments thereto.

NORTH PROPERTY LINE. Any lot line which is positioned at an angle of 45 degrees or less in relation to a line drawn due east/west. Measurement of an angle shall occur in the interior of the lot under review.

NURSING HOME. An institution, building or place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24 hours, nursing care, personal care, or custodial care and may include a rest home, convalescent home or senior transitional living and care facilities.

OFFICE BUILDING. A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.

OUTDOOR SALES DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

OUTSIDE STORAGE. Outside storage is the keeping material, or equipment not within an enclosed building, including incidental maintenance and repair of the material which is being stored. Materials and equipment that are transferred from an enclosed building for an outdoor sales display is not considered outside storage.

OVERHANG. The part of a roof or wall that extends beyond the facade of a lower wall or the portion of a vehicle extending beyond the wheel stops or curb.

PARAPET. The extension of the main walls of a building above the roof level.

PARK. An open space reserved in the public domain where appropriate development may take place and which is intended primarily for passive activity.

PARKS, RECREATIONAL. An area developed and maintained primarily for active recreation.

PARKING AREA, PRIVATE. An open off-street area of land used for the parking of more than five motor vehicles used by occupants including employees of a building to which such area is appurtenant.

PARKING AREA, PUBLIC. An open area other than a street provided for public use or including customer use.

PARKING LOT. An area provided for the free use of patrons or employees of any office or state or local government or of any public accommodation, or retail or commercial establishment.

PARKING SPACE. An area on a lot sufficient in size to store one automobile (not less than nine feet wide and 18 feet long) connected to a public street or alley by a driveway not less than 10 feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parked adjacent to the parking space. The required length of the space can be reduced to 16 feet with the incorporation of a two-foot vehicle overhang if such overhang does not reduce the required width of an adjacent pedestrian walkway and/or landscape area.

PARKING SPACE, ACCESSIBLE. A parking space with a minimum stall depth of 18 feet, a minimum stall width of nine feet and an access aisle and access route per current ADA regulations. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance.

PARKING SPACE, VAN ACCESSIBLE. A parking space with a minimum stall depth of 18 feet, a minimum stall width of nine feet and an access aisle and access route per current ADA regulations. Van accessible parking spaces shall also contain wider access aisles and access routes to accommodate wheelchair lifts along with additional signage that clearly identifies the parking spaces as “van accessible.”

PARKING STRUCTURE. Includes a partially open and/or an enclosed area other than a street or lane used for the parking of motor vehicles. A parking structure generally includes three or more parking spaces together with aisles and has a principal access from a driveway to a street and may constitute the main use of the lot.

PATIO COVER. An unenclosed attached roofed structure used only for recreational and outdoor living purposes.

PERMISSIVE USE. A use allowed by right in a particular zoning district.

PET SHELTER. Any establishment owned and operated by a not-for-profit organization, licensed to do business in the State of New Mexico, whose sole function is to bring aid and comfort to animals.

PET SHOP. Any commercial establishment or premises or part thereof, maintained for the purchase, sale, exchange, or hire of animals of any type; except that the term shall not include livestock auctions.

PICKUP CAMPER. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel and recreation use.

PLAT. A map showing the location, boundaries and ownership of individual properties, planned and developed as a single project.

PLAZA. A community gathering space, sometimes called a square, usually with seating areas, and with a variety of ground-plane finishes such as hard-surfaces, lawn and landscaping. It is often designed as a focal point with an amenity located within, and it may be bounded on one or more sides by a civic or commercial use in a neighborhood, commercial and recreational centers.

PREMISES. Land together with any buildings or structures occupying it; however, each individual business shall be considered a premises.

PUBLIC FACILITIES. Facilities operated by a municipality including parks, trails, paths, and other recreational areas and open spaces, public schools and other public buildings, including fire stations and police substations, and places where the public is directly or indirectly invited to visit or permitted to congregate.

PUBLIC UTILITY. An office, pumping station, communication center, distribution, or transfer facility, or other management or operation need for electricity, communication, gas, water, transportation, sewage, but exclusive of production or disposal plants, storage yards, or supply base, unless otherwise provided for by this chapter.

RECREATIONAL VEHICLE. A vehicular unit primarily designed as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor home, boat, truck camper, travel trailer, and camping trailer.

RECYCLING COLLECTION CENTER. A temporary site/facility which is an accessory use to an existing site/facility and serves as a “drop off” location for household recyclables such as paper, glass, plastics, and aluminum, but not to include refuse.

REPLAT. Is a process that is used to move, erase, or add new interior property lines within a recorded summary or subdivision plat. It results in a new plat being recorded for the affected parcels or lots.

SALES OFFICE. An office accessory use to a dwelling unit being used as a model home or a freestanding building usually located in a residential area, used specifically for the purpose of conducting business transactions associated with the sale of residential dwelling units.

SCHOOL. A public school, a separate school, a university, a college or a private school authorized by the authority having jurisdiction.

SECOND KITCHEN. A second culinary facility which is located within a dwelling and may include a stove, oven, sink, cabinets and/or other related storage areas, refrigerator or any combination of these, in addition to the primary culinary facilities located in the kitchen of the dwelling. Outdoor kitchens which may consist of barbeques and/or ovens are not considered second kitchens so long as they are not enclosed within a building.

SELF-STORAGE FACILITY. A group of buildings or other facilities having components, rooms, spaces, containers or other types of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property.

SENIOR TRANSITIONAL LIVING AND CARE FACILITY. An age-targeted facility for “seniors” (typically 55 years and over) that can provide a continuum of care and living arrangements from independent living apartments to assisted care units, nursing care beds, memory units for memory-impaired residents, and other health conditions. Living units can be owned or leased, separate or attached, and with varying degrees of independence for residents, but all units are under a common management.

SETBACK. The shortest distance between a structure and the present or future street line or property line. Setbacks shall be measured to the foundation and provide an allowance of four inches for stucco, cladding, and exterior building finishes. Placement of the following structures is allowed in this area: structures of 120 square feet or less. The placement of paved concrete, blacktop, brick and wood decking, pads, poured slabs, driveways, walkways, and ornamental landscaping accoutrements are permitted. It is the responsibility of the property owner to secure permission, in writing, from any and all franchised utilities upon whose easements the property owner wishes to place any of the above structures. Setback exceptions for residential and non-residential zone categories are included in each relevant section of this chapter.

SHOOTING RANGE, INDOOR. An enclosed facility used for the discharge of firearms at targets.

SHOPPING CENTER. Two or more tenants or occupants of a structure or structures used for commercial purposes on a single parcel, or more than one parcel within a common commercial subdivision, of at least five acres that typically includes shared parking, access, and sidewalks under common management.

SIGNAGE. A structure or graphic display designed to inform or attract the attention of persons not on the premises on which the sign is located.

SITE PLAN. A scale drawing or plan showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.

SOLAR ENERGY UNIT. A solar collector or other device that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing (if so equipped) the sun’s radiant energy.

SPECIAL EVENT. An event, the duration of which is temporary in nature.

STUDIO. The workspace of a painter, sculptor, or other artist, limited to the production and sale of the works of said artist and to one occupational employee.

STREET. A thoroughfare which has been dedicated to the public or which has been made public by right-of-use and which affords the principal means of access to abutting property.

STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground but not including a utility pole, a tent or vehicle.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or exterior walls.

SWIMMING POOL. A deep body of usually fresh water, suitable for swimming, built into the ground, or situated above the ground, made of concrete or plastic, but exceeding 36 inches in depth.

SWIMMING POOL, PRIVATE. A swimming pool to which admission is limited by ownership or membership.

SWIMMING POOL, PUBLIC. A swimming pool to which admission may be gained by the general public with or without payment of a fee.

TEMPORARY, EMERGENCY, CONSTRUCTION, OR REPAIR RESIDENCE. Which may be a mobile home, is:

(1) Located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster; or

(2) Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed.

TOWNHOUSE, TOWNHOME, CONDOMINIUM, or PATIO HOME. A residential dwelling unit which is connected by one or more walls to a series of similar units, usually sharing the same street frontage.

TRACT, SEPARATE. A parcel of land or a group of continuous parcels of land under one ownership on the effective date of this chapter.

TRAVEL TRAILER or RECREATIONAL VEHICLE. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and not permanently connected to utilities.

TRAVEL TRAILER OR RECREATIONAL VEHICLE PARK OR CAMPGROUND. A tract of land with spaces or stands provided for temporary use of travel trailers, pickup campers, tents, or recreational vehicles. The parking area for two or more vehicles of this type will be considered a trailer park or campground.

USABLE RECREATION SPACE. An area on the same lot as the multi-family residential development that serves to permanently provide indoor or outdoor open space and/or recreational uses. Usable recreation space may include, but is not limited to: lawns, decorative planting areas, and native plants; open balconies and covered patios that are open on two or more sides, walkways, active and passive recreational areas, fountains, swimming pools, water features, and ponds; clubhouse areas for video/technology rooms, exercise or fitness activities, or meeting rooms; or playgrounds. Usable recreation space does not include public right-of-way, parking lots, driveways, or buildings, garages, carport or equipment areas that are not designed for common use.

WIND ENERGY UNIT. A machine by which mechanical energy supplied by the wind is converted to electrical energy, including any energy storing device (if so equipped).

XERISCAPE. A combination of landscaping and irrigation techniques which reduce the demand for water requirement to maintain a given landscape. Primary techniques are: use of water-conserving plants, minimum amount of turf (grass area), plants grouped based on watering needs, irrigation system designed to meet the needs of the plants in the landscape.

YARD. An open space on the same lot as a building; except as provided herein, it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

YARD, FRONT. The area from one side lot line to the other side lot line and between the main building and the street. A front yard line is a line parallel to the street and as far from the street as required in this chapter. On corner lots (lots abutting on two or more streets at their intersection), the front yard may face either street.

YARD, REAR. The area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

YARD, SIDE. The area from the front building line to the rear building line and from the main building to the side lot line.

ZERO LOT LINE HOME. A structure of two or more dwelling units with common walls at the lot lines between adjoining units, or the placement of a detached home on the lot line on one side with the setback on the other side.

ZONING DISTRICT. Any section of the City of Rio Rancho where regulations governing the use of buildings and premises or the height and area of buildings and lot size are uniform.

(Ord. 13-03)

154.04 ESTABLISHMENT OF DISTRICTS.

There are 21 zoning districts established for use in the city as follows:

R-1

Single-Family Residential

R-2

Single-Family Residential

R-3

Mixed Residential

R-4

Single-Family Residential

R-5

Single-Family Residential

R-6

Multi-Family Residential

M-H

Mobile Home Residential

C-1

Retail Commercial

C-2

Wholesale and Warehousing Commercial

M-1

Industrial and Business Park

H-1

Historical Site

A-R

Agricultural Residential

SU

Special Use

E-1

Estate Residential

O-1

Office Zone

T-Z

Transitional Zone

NC

Neighborhood Commercial

OS

Open Space

PR

Parks and Recreation

MU-A

Mixed Use Activity Center

CBD

Central Business District

(Ord. 13-03)

154.05 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a low density of population in which the primary land use is a single-family dwelling unit.

(B) Permissive uses.

(1) One single-family dwelling unit per lot; provided such dwelling unit meets the following design standards:

(a) All dwelling units shall be permanently affixed to a permanent foundation. No dwelling unit shall be temporary in nature. Permanent foundations for dwelling units that are not site built shall comply with New Mexico Manufactured Housing Division Rules and Regulations (NMAC 14.12.2) for permanent foundations.

(b) Each dwelling unit must have either an attached or detached private garage structurally affixed to a permanent foundation of sufficient size to at a minimum park automobiles and/or light trucks. The number of parking spaces shall be in accordance with off-street parking requirements. The garage shall have an external appearance and finish-treatment similar to and consistent with the dwelling unit and shall be completed and issued a certificate of occupancy no later than 12 months after occupation of the dwelling unit.

(c) Each dwelling unit shall have a roof meeting one of the following minimum criteria:

1. A pitched roof with a minimum slope of two and one-half inches in every 12 inches and no less than six-inch overhangs.

2. A flat roof with parapets at least six inches in height above the finished roof.

(d) These overhang, roof pitch and private garage requirements shall not apply to any dwelling unit, building or structure constructed or installed prior to December 23, 1999. Notwithstanding the above, conversions of pre-existing or post December 23, 1999, private garages are prohibited unless another private garage is constructed to replace the converted private garage.

(e) Each single-family dwelling unit shall have exterior siding and roofing which, in color, materials and appearance, is comparable to the predominant materials in use on surrounding dwelling units, or if there is no predominance, is similar to the exterior siding and roofing material commonly in use on residential dwelling units in the community as a whole.

(f) All dwelling units must face the address street or create a presence on the address street. Street presence can be created by including elements such as windows, site walls, gates, portals, courtyards and landscaping in the architectural design or site plan.

(g) All front steps necessary for access due to a difference in grade between the front door and/or the floor of the dwelling unit and finished grade shall be permanently installed and shall be constructed of stone, concrete or masonry materials.

(h) An all-weather driveway shall be constructed from the property line to the private garage or carport, or to any other area designated for off-street parking in accordance with Section 154.22.

(i) All utility service and distribution lines shall be placed underground. All liquid propane installations shall be either behind the primary structure from the address street or placed underground.

(j) Sites shall be prepared in such a manner that positive drainage of surface water is maintained and directed away from the dwelling unit as per state regulations.

(k) With the exception of subsection (B)(1)(b) of this section, all requirements of this subsection shall be completed within a reasonable time after occupation of the dwelling unit not to exceed 120 days;

(2) Accessory buildings or structures, including accessory dwelling units but not to include structures for livestock or fowl; provided such accessory buildings or structures meet the following design standards:

(a) Accessory buildings and structures shall not exceed the height of the primary structure or 24 feet, whichever is greater;

(b) The exterior of any accessory building and structure encompassing more than 250 square feet shall be constructed of materials similar in color and appearance to those used in the primary structure or has a facade similar to that of the primary structure. Accessory structures greater than 600 square feet shall be constructed of the same materials or have the same facade as the primary structure;

(c) Accessory buildings shall not exceed 75% of the size of the primary house or 15% of the lot area, whichever is greater;

(d) By definition, an accessory building may not be constructed without the existence of the primary structure; the dwelling unit;

(3) Accessory living space;

(4) Noncommercial gardens, swimming pools, tennis courts;

(5) Parks, open spaces, recreational parks, and public facilities;

(6) Home occupations;

(7) Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to 12 months and no more than 14 days after construction has finished; provided, that the use of the trailer is for assisting in the security of the construction site and facilitating the delivery of construction material, and that no sales are conducted from the construction trailer either before or after the site development is completed. If an extension is needed, application to and certification from the administration is necessary and may be granted for up to 120 days. Construction trailers will be allowed in R-1, R-2, R-3, R-4, R-5, M-H, and E-1 Districts only where five or more contiguous lots are being developed at the same time, by an individual developer, and the trailer is not to be used for residence;

(8) Temporary, emergency, construction, and repair residences for a period not to exceed 21 days before construction, plus the entire period of construction up to 180 days, and not later than 30 days after construction has finished for a total of 231 consecutive days maximum. If an extension is needed, application to the administration is necessary and may be granted for up to 120 days. The dwelling shall be connected to utilities or self-contained and shall not be located in the front setback;

(9) Family child care facility with a capacity of six or less;

(10) Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;

(11) A single-family dwelling unit or a manufactured/modular unit may be used as a model home or sales office.

(a) Hours of operation will be 8:00 a.m. to 8:00 p.m.

(b) Signage shall be in accordance with the Sign Ordinance.

(c) All freestanding sales offices shall have a minimum of six parking spaces, which shall include off-street ADA-compliant parking as per Section 154.22.

(d) The time limit for a model home or sales office is five years. DSD may approve time extensions.

(e) Ten percent of the lot on which each model home or sales office is located shall be landscaped with shrubs and trees or as per an approved xeriscape landscape plan.

(f) Each model home or sales office shall have exterior siding and roofing which, in color, materials and appearance, is comparable to the predominant materials in use on surrounding dwelling units. The minimum pitch shall be 2/12.

(g) All setback and area requirements of the R-1 zoning district apply.

(h) All modular or manufactured models or sales offices shall be ADA compliant and meet all applicable building, plumbing, mechanical, and electrical code requirements;

(12) Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120 of this code;

(13) Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;

(14) Churches and other places of worship, Sunday school buildings, and parish houses;

(15) Amateur radio antenna;

(C) Conditional uses (requiring use permit).

(1) Hospitals and private institutions of an educational nature;

(2) Family child care facility with a capacity of seven or more;

(3) Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred;

(D) Area.

(1) Every lot must have an area of not less than 7,000 square feet and a width of not less than 60 feet along the front yard setback line. This minimum lot area assumes that the lot is serviced by community utilities. If on-site water and/or sewer are used, then lot sizes required by the New Mexico Environmental Improvement Division shall apply.

(2) Setbacks.

(a) Front – 20 feet; garage – 20 feet; side-loaded garage – 15 feet.

(b) Rear – 15 feet; alley-loaded garage – zero feet.

(c) Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side.

(d) Corner side – 10 feet.

(e) Setbacks shall not apply to storage sheds of 120 square feet or less; provided, that the structure is located behind the required front setback line and on a corner lot, is not located in a side yard that is visible from the street.

(f) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(g) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(h) Flag poles – 10 feet from any property line.

(3) Projections into setback area. The following structures are permitted to project into the established setback area for the lot or parcel as indicated.

(a) Patio covers. A patio cover may encroach to within five feet from the side property lines and five feet from the rear property line.

1. The setback shall be measured from the supporting posts; however, the overhang of a patio cover may not extend closer than three feet from a property line.

2. Any patio cover extending into the established setback area for the lot or parcel may not be permanently enclosed with any materials, including wood, metal, canvas, plastic, glass or any other screening material. A permanently enclosed patio must conform to the setback standards applicable to the main dwelling.

3. The height of the patio cover shall not exceed 12 feet.

(b) Architectural features. Bay windows, fireplaces, roof eaves, chimneys and similar architectural features may encroach no more than two feet into any required setback area, provided the encroachments:

1. Remain at least three feet from the property line; and

2. Do not increase the living space of the structure at the floor level.

(c) Carports may be located in the front yard; provided, that the carport shall not be located closer than 10 feet from the front property line and, the carport is not enclosed greater than 50%, and the carport may be located in the side yard up to the side property line; provided, that no carport overhangs or drains onto the adjacent property.

(d) Lots adjacent to open space. On any lot which adjoins a golf course, park area, common open space or similar open space, open balconies or open decks may extend up to 10 feet into the required setback from the dwelling and toward the open space; provided, however, that the projection extends no closer than five feet from the property line.

(e) Unenclosed decks with floor surfaces no more than 30 inches above grade and unenclosed porches and balconies may extend into the rear yard a distance of up to one-half of the required rear yard.

(f) Fireproof outside stairways projecting into a minimum yard not more than three and one-half feet may be permitted where same are placed so as to not obstruct light and ventilation.

(g) Mechanical equipment. Mechanical equipment such as air-conditioning units, pool filtering and heating equipment, water softeners, and similar mechanical equipment may occupy the required rear and side yard setback areas if such mechanical equipment does not restrict the required access through such setback areas as determined by DSD. If screening is provided, screening should be designed to allow for access to utility facilities. All screening and vegetation surrounding ground-mounted transformers and utility pads are to allow 10 feet of clearance in front of the equipment door and five feet of clearance on the remaining three sides for safe operation, maintenance and repair purposes.

(4) Building envelopes. If a building envelope is included at the time of plat, appropriate placement of the building envelope within the setback area will be allowed. Envelopes may be placed within the setback area for the following reasons:

(a) To preserve open space;

(b) To preserve native plant material on the site;

(c) To preserve natural drainage courses; and

(d) To preserve views of nearby lots.

(E) Off-street parking. Off-street parking must be provided as set forth in Section 154.22.

(1) One commercial vehicle/equipment may be parked only on a developed residential property provided:

(a) It is parked in a parking space; maximum size of nine feet by 28 feet, and

(b) It is designed as a van, pickup truck or similar vehicle, and

(c) It is not more than 28 feet in length or no more than 10 feet in height.

(2)(a) One commercial vehicle/equipment not meeting the requirement of subsection (E)(1) of this section, may only be parked on a developed residential property if such is parked beyond the profile of the home with lawfully permitted physical blinding to provide visual abatement from the street and the properties adjacent to the subject property.

(b) A lawfully permitted physical blinding means a structure, screening or structure that is in accordance with all existing applicable codes including but not limited to building codes, fire codes, and zoning codes.

(3) A vehicle that is engaged in the expeditious process of loading or unloading passengers or freight is permitted to be parked for a reasonable time period to permit the loading or unloading.

(F) Height restrictions.

(1) No building or structure shall exceed 32 feet in height except for others permitted herein.

(2) No accessory building shall exceed the height of the primary structure or 24 feet, whichever is greater. Height is measured from finished floor elevation.

(3) Antennas, chimneys, flues, vents, or similar structures, shall not exceed over 10 feet above the specified maximum height limit.

(4) Water towers and mechanical equipment shall not extend over five feet above the specified maximum height limit.

(5) Church spires, bell towers and like architectural projections, may extend over the maximum height limit.

(6) Satellite dishes may not exceed the permissible height of the building they are attached to, and may not have a dish diameter that exceeds 36 inches.

(7) Amateur radio antenna to a height of 65 feet from grade is permitted; anything above 65 feet from grade may be allowed by the approval of a conditional use permit.

(8) Flag poles shall not exceed 32 feet in height.

(G) Landscaping. All single-family residential development shall include the installation and maintenance of landscaping in the front yard, and when an unscreened side yard abuts a street right-of-way, in that side yard as well. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight-foot high conifers (evergreen trees) and three five-gallon shrubs, or the equivalent thereof in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. The installation of cool season turf grass in residential front yards is prohibited. Cool season turf grass is permitted in side and rear yards but shall not exceed 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials in front yards shall be limited to species that are not listed as high water use on the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. After October 31, 2011, future homeowner association bylaws or new restrictive covenants shall not have requirements that conflict with the landscaping restrictions contained herein. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(Ord. 13-03)

154.06 R-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderate density of population in which the principal use is single-family dwelling units.

(B) Permissive uses.

(1) Same as those in the R-1 District; R-1 design standards apply.

(C) Conditional uses (requiring use permit).

(1) Same as those in the R-1 District.

(D) Area.

(1) Every lot must have an area of not less than 5,000 square feet and a minimum lot width of 50 feet along the front yard setback line.

(2) Setbacks.

(a) Front – 15 feet; garage – 20 feet; side-loaded garage – 15 feet.

(b) Rear – 15 feet; alley-loaded garage – zero feet.

(c) Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side.

(d) Corner side – 10 feet.

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(g) Flag poles – 10 feet from any property line.

(3) Projections into setback area. Same as R-1 District.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions. Same as R-1 District.

(G) Landscaping. Same as R-1 District.

(Ord. 13-03)

154.07 R-3: MIXED RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderate density of population in which the principal use is single-family attached or detached townhome or patio home dwelling units or for small-scale multi-family units.

(B) Permissive uses.

(1) Same as those in the R-1 District, design standards apply;

(2) Single-family attached or detached dwelling units;

(3) Multi-family dwellings, provided there are not more than 26 units per acre;

(4) Boarding and lodging houses;

(5) Town-home, patio home, or similar development provided all city regulations are met.

(C) Conditional uses (requiring use permit).

(1) Same as those in the R-1 District.

(2) Community residential care facility up to 18 persons, including any staff residents, providing all city regulations are met.

(3) Senior transitional care facilities, senior living facility, and/or other similar facilities up to 35 dwelling units per acre and up to 50 feet in height.

(D) Area.

(1) Where multi-family dwellings exist, every lot must have an area of not less than 10,000 square feet and a width of not less than 70 feet along the front yard setback line.

(2) Where detached single-family dwellings exist, every lot must have an area of not less than 3,000 square feet with a minimum width of 35 feet along the front yard setback line.

(3) Where attached town-homes exist, the minimum lot size shall be 1,200 square feet with a minimum front width of 28 feet along the front yard setback line.

(4) Setbacks.

(a) Multi-family dwelling units.

1. Front – 20 feet;

2. Rear – 15 feet;

3. Side – seven and one-half feet;

4. Corner side – 10 feet;

(b) Single-family detached dwelling units.

1. Front – 15 feet; garage – 20 feet; side-loaded garage – 15 feet;

2. Rear – five feet; alley-loaded garage – zero feet;

3. Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side;

4. Corner side – 10 feet;

(c) Single-family attached dwelling units.

1. Front – 20 feet; garage – 20 feet;

2. Rear – zero feet; alley-loaded garage – zero feet;

3. Side – zero feet;

4. Corner side – 10 feet;

(d) Setbacks shall not apply to storage sheds of 120 square feet or less; provided, that the structure is located behind the required front setback line and on a corner lot, is not located in a side yard visible from the street.

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(g) Flag poles – 10 feet from any property line.

(h) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(5) Projections into the setback area are the same as the R-1 District.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions. 32 feet; multi-family dwelling units: 50 feet.

(G) Landscaping.

(1) Multi-family dwellings. All multi-family residential development shall include the installation and maintenance of landscaping throughout the site. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight feet high (evergreen trees), and three five-gallon shrubs or the equivalent thereof per dwelling unit in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 15% of the total lot area. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(2) Single-family dwellings. Same as R-1 District.

(Ord. 13-03)

154.08 R-4: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderate density of population in which the principal use is single-family dwelling units.

(B) Permissive uses. Same as those in the R-1 District; design standards apply.

(C) Conditional uses (requiring use permit). Same as those in R-1 District.

(D) Area. Lots must have an area of not less than 4,000 square feet with a minimum width of 40 feet along the front yard setback line.

(1) Setbacks.

(a) Front – 15 feet; garage – 20 feet; side-loaded garage – 15 feet.

(b) Rear – 15 feet; alley-loaded garage – zero feet.

(c) Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side.

(d) Corner side – 10 feet.

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(g) Flag poles – 10 feet from any property line.

(2) Projections into the setback area are the same as the R-2 District.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions.

(1) No building or structure shall exceed 32 feet in height.

(2) No accessory building shall exceed the height of the primary structure or 24 feet, whichever is greater.

(3) Antennas, chimneys, flues, vents, or similar structures, shall not exceed over 10 feet above the specified maximum height limit.

(4) Water towers and mechanical equipment shall not extend over five feet above the specified maximum height limit.

(5) Church spires, bell towers and like architectural projections, may extend over the maximum height limit.

(6) Satellite dishes may not exceed the permissible height of the building they are attached to, and may not have a dish diameter that exceeds 36 inches.

(7) Amateur radio antenna heights above the maximum height to a height of 65 feet from grade is permitted; anything above 65 feet from grade may be allowed by the approval of a conditional use permit.

(8) Flag poles shall not exceed 32 feet in height.

(G) Landscaping. All single-family residential development shall include the installation and maintenance of landscaping in the front yard, and when an unscreened side yard abuts a street right-of-way, in that side yard as well. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight-foot high conifers (evergreen trees) and three five-gallon shrubs, or the equivalent thereof in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. The installation of cool season turf grass in residential front yards is prohibited. Cool season turf grass is permitted in side and rear yards but shall not exceed 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials in front yards shall be limited to species that are not listed as high water use on the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. After October 31, 2011, future homeowner association bylaws or new restrictive covenants shall not have requirements that conflict with the landscaping restrictions contained herein. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(Ord. 13-03)

154.09 R-5: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderately high density of population in which the principal use is single-family dwelling units.

(B) Permissive uses. Same as those in the R-1 District; design standards apply.

(C) Conditional uses (requiring use permit). Same as those in the R-1 District.

(D) Area. Lots must have an area of not less than 2,500 square feet and a minimum lot width of 35 feet along the front yard setback line.

(1) Setbacks.

(a) Front – 10 feet; garage – 20 feet; side-loaded garage – 15 feet.

(b) Rear – 15 feet; alley-loaded garage – zero feet.

(c) Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side.

(d) Corner side – 10 feet.

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(g) Flag poles – 10 feet from any property line.

(2) Projections into the setback area are the same as the R-2 District.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions.

(1) No building or structure shall exceed 32 feet in height.

(2) No accessory building shall exceed the height of the primary structure or 24 feet, whichever is greater.

(3) Antennas, chimneys, flues, vents, or similar structures, shall not exceed over 10 feet above the specified maximum height limit.

(4) Water towers and mechanical equipment shall not extend over five feet above the specified maximum height limit.

(5) Church spires, bell towers and like architectural projections, may extend over the maximum height limit.

(6) Satellite dishes may not exceed the permissible height of the building they are attached to, and may not have a dish diameter that exceeds 36 inches.

(7) Amateur radio antenna heights above the maximum height to a height of 65 feet from grade is permitted; anything above 65 feet from grade may be allowed by the approval of a conditional use permit.

(8) Flag poles shall not exceed 32 feet in height.

(G) Landscaping. All single-family residential development shall include the installation and maintenance of landscaping in the front yard, and when an unscreened side yard abuts a street right-of-way, in that side yard as well. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight-foot high conifers (evergreen trees) and three five-gallon shrubs, or the equivalent thereof in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. The installation of cool season turf grass in residential front yards is prohibited. Cool season turf grass is permitted in side and rear yards but shall not exceed 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials in front yards shall be limited to species that are not listed as high water use on the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. After October 31, 2011, future homeowner association bylaws or new restrictive covenants shall not have requirements that conflict with the landscaping restrictions contained herein. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(Ord. 13-03)

154.10 R-6: MULTI-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a high density of population in which the principal use is multi-family dwelling units.

(B) Permissive uses. Multiple family dwelling units for sale or rent that are attached and allowed up to a density of 50 dwelling units/acre. Senior transitional care or living facilities are also permissive with the same height and density limits; same uses as those in the R-3 District are also allowed.

(1) Electric facilities including, but not limited to, substations, switching stations and generation.

(C) Conditional uses (requiring use permit). Same as those in R-3 District.

(D) Area.

(1) Lots must have an area of not less than 10,000 square feet with a minimum width of 70 feet along the front yard setback line.

(2) The maximum allowable density on a lot is 50 dwelling units per acre.

(3) Setbacks.

(a) Multi-family dwelling units.

1. Front – 20 feet;

2. Rear – 15 feet;

3. Side – seven and one-half feet;

4. Corner side – 10 feet;

(b) Single-family detached dwelling units.

1. Front – 15 feet; garage – 20 feet; side-loaded garage – 15 feet;

2. Rear – five feet; alley-loaded garage – zero feet;

3. Side – five feet; zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side;

4. Corner side – 10 feet;

(c) Single-family attached dwelling units.

1. Front – 20 feet; garage – 20 feet;

2. Rear – zero feet; alley-loaded garage – zero feet;

3. Side – zero feet;

4. Corner side – 10 feet;

(d) Setbacks shall not apply to storage sheds of 120 square feet or less; provided, that the structure is located behind the required front setback line and on a corner lot, is not located in a side yard visible from the street.

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.

(g) Flag poles – 10 feet from any property line.

(h) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(4) Projections into the setback area are the same as the R-2 District.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions. 78 feet or six stories.

(G) Landscaping.

(1) Multi-family dwellings. All multi-family residential development shall include the installation and maintenance of landscaping throughout the site. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight feet high (evergreen trees), and three five-gallon shrubs or the equivalent thereof per dwelling unit in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 15% of the total lot area. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(2) Single-family dwellings. Same as R-1 District.

(H) Usable recreation space: 50 square feet for each studio or one-bedroom dwelling unit, 100 square feet for each two+ bedroom dwelling unit for uses as defined in the Usable Recreation Space definition.

(Ord. 13-03)

154.11 M-H: MOBILE HOME RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a low density of population in which the principal use is a mobile home dwelling.

(B) Permissive uses.

(1) One mobile home per lot;

(2) Accessory buildings or structures but not to include structures for domestic livestock or fowl;

(3) Noncommercial gardens, swimming pools, and tennis courts;

(4) Parks, open spaces, and public utilities; and

(5) Churches and other places of worship, Sunday school buildings, and parish houses;

(C) Conditional uses (requiring use permit). Same as those in the R-1 District.

(D) Area.

(1) Every lot must have an area of not less than 5,000 square feet and a width of not less than 50 feet along the front yard setback line. This lot size assumes community utilities, otherwise New Mexico Environmental Industries Division standards apply.

(2) Setbacks.

(a) Front – 20 feet; garage – 20 feet; side-loaded garage – 15 feet;

(b) Rear – 15 feet; alley-loaded garage – zero feet;

(c) Side – five feet;

(d) Corner side – 10 feet;

(e) Setback shall not apply to storage sheds of 120 square feet or less; provided, that the structure is located behind the required front setback line, and on a corner lot, is not located in a side yard visible from the street;

(f) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height;

(g) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools;

(h) Flag poles – 10 feet from any property line.

(E) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 District pertaining to parking of commercial vehicles apply.

(F) Height restrictions. One story but not more than 22 feet total height.

(G) Landscaping. The installation of cool season turf grass in residential front yards is prohibited. Cool season turf grass shall be limited to 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials in front yards shall be limited to species that are not high water use on the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(Ord. 13-03)

154.12 C-1: RETAIL COMMERCIAL DISTRICT.

(A) Purpose. This district permits limited commercial uses such as those pertaining to the day-to-day needs of the residential populace.

(B) Permissive uses.

(1) Stores for the sale of retail goods, products, and services;

(2) Restaurants, bars, and lounges;

(3) Repair shops – electrical, radio, and television appliances, keys, and similar articles;

(4) Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;

(5) Banks and office buildings;

(6) Churches and other places of worship, Sunday school buildings, and parish houses;

(7) Bakeries and confectioneries where goods are sold at retail prices;

(8) Parks, recreational parks, and open spaces;

(9) Nursery schools and daycare facilities;

(10) Undertaking establishments;

(11) Club houses, buildings for fraternal organizations, nonprofit public service organizations;

(12) Medical complexes, professional offices associated with medical complexes, and veterinarians;

(13) Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to six months and no more than 30 days after construction has finished; provided, that the use of the trailer is for assisting in the security of the construction site and facilitating the delivery of construction material, and that no sales are conducted from the construction trailer either before or after the site development is completed. If an extension is needed, application to and certification from the administration is necessary and may be granted for up to 120 days;

(14) Photocopying and blueprinting;

(15) Public facilities;

(16) Hospitals;

(17) Nursing homes, senior transitional living and care facilities and similar institutions;

(18) Temporary structures and enclosures used in construction of a building and used for storage of equipment and material. Such structure must be removed after the specific construction project is completed and not to remain on the premises for more than one month after completion. Temporary commercial structures used for seasonal purposes may be erected for a period of not more than 90 days. But, in no case shall the structure or enclosure be present for longer than one week after the ending of the season for which it was intended;

(19) Drive-in or drive-up window restaurants, and/or convenience stores, provided drive-up liquor dispensing windows are excluded at such establishments;

(20) Auditoriums, bowling alleys, billiard or pool halls, dance halls, theaters, skating rinks, and other indoor entertainment establishments;

(21) Manager/caretaker residential uses within the structures;

(22) R-3 multi-family or R-6 residential uses if located above the first floor;

(23) Offset press printing.

(a) Maximum of two offset printers;

(b) Maximum size of offset duplicator machines shall not exceed 20 inches each;

(24) Gasoline service stations, convenience stores, and carwashes;

(25) Auto repair, minor;

(26) Public utilities, electric facilities including, but not limited to, substations, switching stations, and generation;

(27) Day spa;

(28) Public, private or charter schools;

(29) Park and ride facilities and parking lots.

(C) Conditional uses (requiring use permit).

(1) Automotive dealers, motorcycle dealers and auto repair, major; provided, that:

(a) Repairs and associated activities are conducted within a completely enclosed building; or

(b) A solid masonry wall at least six feet high is erected between the activity and any abutting or contiguous residential zone;

(c) Applicants shall provide site plans which show lot dimensions, location and dimensions of proposed structures/facilities, parking, proposed signage, landscaping and buffers; if applicable, information with regard to the nature of the operation as well as hours of operation, for review and approval by the Planning and Zoning Board.

(2) Temporary model home/sales office.

(a) Setbacks shall be as per standard C-1 requirements or as approved by the Planning and Zoning Board; whichever is greater.

(b) Landscaping shall be as per standard C-1 requirements.

(c) Signage shall be as per standard trade sign requirements.

(d) The time limit for a model home is five years. The Planning and Zoning Board may approve time extensions through the conditional use process.

(e) Applicants shall submit a site plan which shows lot dimensions, location and dimensions of all proposed structures, proposed signage, landscaping and landscape buffers; if applicable, for review and approval by the Planning and Zoning Board.

(f) Restroom must be provided for during hours of operation.

(g) All nonconformities on the site shall be brought into compliance before a certificate of occupancy is issued.

(h) The model home/sales office is not to be used for residential purposes.

(i) Parking shall be as per standard C-1 requirements.

(j) Restoration of the model home site shall be accomplished within 30 days after the removal of the model home.

(3) Recycling collection centers; provided, that they are an accessory use, and:

(a) Applicants provide site plans which show lot dimensions, location and dimensions of proposed structures/facilities, parking, proposed signage, landscaping and buffers; if applicable, information with regard to the nature of the operation, duration of the proposed use, and hours of operation, for review and approval by the Planning and Zoning Board.

(b) Applicants shall provide a statement of responsibility which verifies that as the host of the operation, the applicant shall be responsible for site maintenance in that it shall be free of litter, refuse, and recyclables.

(c) The applicant shall include plans with regard to the number and type of collection bins to be used. No open type bins will be allowed.

(d) Collection centers shall be located at minimum 100 feet from residential property.

(e) The applicant shall furnish information with regard to the disposal of the collected recyclable ensuring that they will not be disposed of at landfills.

(4) Self-storage facilities. Applicants shall provide a site plan which includes at minimum the following information: lot dimensions, location and dimensions of proposed structures/facilities, parking, proposed signage, landscaping and landscape buffers and, if applicable, information with regard to the nature of the operation as well as hours of operation, for review and approval by the Planning and Zoning Board.

(5) Circuses, carnivals, flea markets and other similar outdoor amusement activities, provided:

(a) Lighting is located so it does not reflect off the premises and complies with the Night Sky Protection Act.

(b) The site is located at least 300 feet from a residential dwelling that is a conforming use.

(D) Area. Minimum one-half acre (21,780 square feet)

(1) Setbacks.

(a) Front – 10 feet;

(b) Rear – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(c) Side – zero feet, unless abutting a residential zone then, a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(d) Corner side – 10 feet;

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(f) Flag poles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(E) Height. Fifty feet; up to 78 feet with an approved conditional use permit.

(F) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22. Parking will be permitted in setbacks unless otherwise restricted in an adopted plan.

(G) Landscaping. Appropriate landscaping shall be provided for visual relief along the frontage of the parcel; provided, that no less than 10% of the lot shall be landscaped, and no less than one-fourth of the 10% shall be located on the front. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation.

(H) Buffer zone.

(1) Buffer wall. The buffer wall shall be a minimum of six feet in height and shall be constructed of masonry, sealed adobe, brick or other solid material.

(a) Where nonresidential property abuts residential property, the wall shall abut the property line;

(b) Where the nonresidential district is adjacent to the residential district and a public thoroughfare separates them, the wall shall be located 10 feet inside the property line on the nonresidential property. The nonresidential structure may be used in lieu of a wall if it is solid (non-openings), and if it connects to the remainder of the buffer wall to form a continuous buffer for the nonresidential site.

(2) Buffer landscaping.

(a) Landscaped buffer areas shall be a minimum of 10 feet in width measured perpendicular to the buffer wall.

(b) The landscaped buffer areas shall include a minimum of one buffer tree per 25 feet, or an approved equivalent screening density. Minimum tree sizes at the time of planting shall be three-inch caliper, 30-inch boxed variety or 30-gallon container, or at least 10 feet in height.

(c) Where nonresidential property abuts residential property, the landscaped buffer shall be located inside the buffer wall and is separated by a public thoroughfare; the landscape buffer shall be located outside the wall. In cases where the building is acting as a partial wall buffer, the landscape buffer may be more than 10 feet in width to allow for the appropriate building setbacks.

(d) Where the nonresidential district is adjacent to the residential district and is separated by a public thoroughfare, the landscape buffer shall be located outside the wall. In cases where the building is acting as a partial wall buffer, the landscape buffer may be more than 10 feet in width to allow for the appropriate building setbacks.

(e) Buffer trees may be a mix of conifers and deciduous trees; however, the emphasis shall be placed on conifers.

(3) If the buffer wall plus retaining wall have an effective height of over eight feet on the residential side, the city shall decide the required height.

(I) Any lighting shall comply with the Night Sky Protection Act and be placed so as to reflect the light away from adjacent residential districts.

(J) The use of corrugated metal siding shall not compose more than 20% of a building facade. The use of architectural metal siding as an architectural element of a building that is finished with a powder-coating designed to withstand natural elements for a minimum of 20 years is encouraged as long as the metal panels used are composed of two or more colors if metal is the dominant building material used.

(K) No unreasonable noise, odor, or vibration shall be emitted by uses outside the boundaries of the Commercial District. Such comparison shall be made at the boundary of the Commercial District.

(Ord. 13-03)

154.13 C-2: WHOLESALE AND WAREHOUSING COMMERCIAL DISTRICT.

(A) Purpose. This district permits heavier commercial activities.

(B) Permissive uses.

(1) All uses of the C-1, NC and O-1 Districts; provided, that all regulations of the district and use are met;

(2) Lumber yards;

(3) Machinery, farm sales, repairing and overhauling; provided, that concealed storage and repair area is utilized;

(4) Sales of sheet metal products;

(5) Wholesale commercial;

(6) Warehousing and storage;

(7) Caretaker’s living quarters;

(8) Park and ride facilities and parking lots.

(C) Conditional uses (requiring use permit).

(1) Light manufacturing or industrial;

(2) Research and development office;

(3) Auto wrecking, salvage, and contractor’s yards, provided:

(a) All activities are conducted in an enclosed building or are enclosed by a solid wall or solid fence at least eight feet high.

(b) Inoperative automobile bodies or other material may be stacked to a height that does not exceed the height of the required fence or wall;

(D) Area. Minimum one-half acre.

(1) Setbacks.

(a) Front – 10 feet;

(b) Rear – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(c) Side – zero feet, unless abutting a residential zone then, a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(d) Corner side – 10 feet;

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(f) Flag poles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(E) Height restrictions. Same restrictions as C-1 District.

(F) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22. Parking will be permitted in setbacks unless otherwise restricted in an adopted plan.

(G) Landscaping. Same as C-1 District.

(H) Buffer zone. Same as C-1 District.

(Ord. 13-03)

154.14 M-1: INDUSTRIAL AND BUSINESS PARK DISTRICT.

(A) Purpose. This district will permit heavy commercial and manufacturing uses which do not create danger and which do not create offensive noise, vibration, smoke, dust, lint, odors, heat, or glare.

(B) Permissive uses.

(1) All uses of the C-1, C-2, NC and O-1 Districts; provided, that all regulations of the district and use are met;

(2) Laboratories, research, and experimental stations;

(3) Manufacturing uses;

(4) Public utility including production and disposal facilities, storage yard, or supply base;

(5) Tire recapping or re-treading;

(6) Concrete batching plants, concrete products companies and concrete contractors provided:

(a) Appropriate dust control devices be installed and operable;

(b) Appropriate screening be erected to avoid unsightly operations;

(7) Adults only bookstores, adults only motion picture theaters, and adult entertainment centers as defined in Chapter 111; provided, that such uses meet the requirements and/or restrictions set forth in Chapter 111;

(8) Indoor shooting range;

(9) Boarding kennels or pet shelters;

(C) Conditional uses (requiring use permit).

(1) Automobile dismantling yard, provided:

(a) All activities are conducted in a completely enclosed building or are enclosed by a solid wall or solid fence at least eight feet high;

(b) Inoperative automobile bodies or portions thereof may be stacked to a height that does not exceed the height of the required wall;

(D) Height restrictions. 100 feet.

(E) Area. Minimum – one-half acre (21,780 square feet).

(1) Setbacks.

(a) Front – 10 feet.

(b) Rear – zero feet, unless abutting a residential zone, then a 25-foot setback with a 10-foot landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district.

(c) Side – zero feet, unless abutting a residential zone, then a 25-foot setback with a 10-foot landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district.

(d) Corner side – 10 feet.

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(f) Flag poles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(F) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22. Parking will be permitted in setbacks unless otherwise restricted in an adopted plan.

(G) Landscaping. Same as C-1 District.

(H) Buffer zone. Same as C-1 District.

(Ord. 13-03)

154.15 H-1: HISTORICAL SITE DISTRICT.

(A) Purpose. The purpose of this zone is to preserve, protect, and enhance those structures and areas of historic significance lying within the zoning jurisdiction of the city.

(B) Special approval required. Any erection, construction, modification, addition, alteration, moving, or destruction that would affect the exterior appearance of any structure, building, or significant object or artifact within this zone which is subject to public view will require review and approval by the Planning and Zoning Board.

(C) Permissive uses.

(1) Single-family dwellings;

(2) Lodging houses, duplexes, beauty, and barber shops;

(3) Antique shops;

(4) Arts and crafts shops, or galleries;

(5) Confectionery stores;

(6) Bar or lounge;

(7) Gift shop;

(8) Restaurant;

(9) Museum;

(10) Photographer’s studio;

(11) Churches and other places of worship, Sunday school buildings, and parish houses.

(D) Conditional uses. None.

(Ord. 13-03)

154.16 A-R: AGRICULTURAL RESIDENTIAL DISTRICT.

(A) Purpose. This district permits low-density uses and other uses customarily conducted in agricultural areas.

(B) Permissive uses.

(1) One single-family dwelling per lot or one mobile home per lot;

(2) Incidental structures such as private workshops, storage, recreation, hobby, greenhouses, accessory dwelling unit or accessory living space, or for the keeping or housing of domestic animals and/or agricultural products;

(3) Home occupations;

(4) Raising of nursery products;

(5) Parks, open spaces, recreational parks, and public facilities;

(6) Agricultural activity provided the lot has an area of at least one acre:

(a) Stand for display or sale of agricultural products provided the number of stands is limited to one for each lot and that the size of the stand does not exceed 400 square feet of floor area.

(b) Animals such as cattle, horses, pigs, sheep, and goats for commercial purposes; provided, that one head of cattle or horses does not exceed one for each 10,000 square feet of open lot area; one sheep or goat for each 4,000 square feet or equivalent combination. All livestock and poultry shall be kept in such a manner as not to constitute a nuisance, through violation of the following regulations:

1. Offensive noise, odor, or dust shall be effectively controlled;

2. Areas devoted to livestock and poultry, including accessory buildings or structure, shall be constructed and maintained to discourage concentration and breeding of insect pests;

3. All animals shall be confined within owner’s property boundaries.

(7) Temporary, emergency, construction, and repair residences for a period not to exceed 21 days before construction, plus the entire period of construction up to 180 days, and not later than 30 days after construction has finished for a total of 231 consecutive days maximum. If an extension is needed, application to the administration is necessary and may be granted for up to 120 days. Lot size of a minimum of one-half acre or larger is required. The dwelling shall be connected to utilities or self-contained and shall not be located in the front setback;

(8) Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met;

(9) Family child care facility with a capacity of six or less;

(10) Public utilities, electric facilities including, but not limited to, substations, switching stations and generation;

(11) Churches and other places of worship, Sunday school building, and parish house.

(C) Conditional uses (requiring use permit).

(1) Hospitals and institutions of an educational nature;

(2) Nursery, pre-kindergarten, kindergarten, and other private or special schools;

(3) Fur-bearing animal farm;

(4) Kennel, veterinary hospital;

(5) Family child care facility with a capacity of seven or more;

(6) Hobby breeders and animal foster care providers as per conditions listed under the R-1 Single-family Residential District.

(D) Height. Same restrictions as R-1 District.

(E) Area.

(1) Every lot must have an area of at least one acre with a width of at least 100 feet along the front yard setback line. A lot or parcel of land that has less area or width than that herein required and which was held under separate ownership or was on record prior to the adoption date of this chapter, may be occupied by any use permitted in this district.

(2) Setbacks.

(a) Front, garage, and side-loaded garage – 35 feet;

(b) Rear – 25 feet; alley-loaded garage – zero feet;

(c) Side and corner side – 10 feet;

(d) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height;

(e) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools;

(f) Flag poles – 10 feet from any property line.

(F) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22. Parking will be permitted in setbacks unless otherwise restricted in an adopted plan.

(1) The same restrictions as stipulated in the R-1 zoning district pertaining to parking of commercial vehicles apply except that one commercial vehicle/equipment may be parked on the property when such is used and is related to a permitted use being conducted on the property.

(G) Landscaping. Same as R-1 District.

(Ord. 13-03)

154.17 SU: SPECIAL USE DISTRICT.

(A)(1) This zoning district is suitable for property which is special because of its potential effect on surrounding property, or for other reasons in which the appropriateness is partially or entirely dependent on the character of the site. A special use zoning designation is also appropriately used to:

(a) To restrict uses otherwise permitted in an underlying zoning district,

(b) To allow a combination of uses not otherwise permitted in an underlying district,

(c) To establish a singular land use,

(d) To establish requirements or conditions that are unique to the property,

(e) To establish requirements for height, setbacks, width, parking, landscaping, signage or other provisions that are unique to the property.

(2) An application for a change to SU zoning must state the proposed land use(s).

(3) All SU zoned property must have a site plan approved by the Governing Body. The site plan may accompany the application for a change in zoning designation or may be submitted for approval at a later date. Approval of the site plan must be obtained prior to any development of the property. The site plan at a minimum shall contain the following information:

(a) Scale and north arrow;

(b) Lot boundaries and easements;

(c) Existing and proposed utilities;

(d) Existing and proposed rights-of-way;

(e) Proposed structures with uses dimensions, and setbacks;

(f) Proposed ingress, egress, parking and circulation;

(g) Landscaping and landscape buffers;

(h) Elevations;

(i) Adjacent property characteristics;

(j) Preliminary drainage plan.

(4) The Director of Development Services may approve minor changes to an approved site plan if the change is consistent with the use and other written requirements and/or conditions of approval, if the buildings are of the same general configuration, if the total square footage is not greater than 10% than the approved plan, the site circulation is similar in its effect on adjacent property or streets, and the approving official finds that neither the city nor any person will be substantially aggrieved by the altered site plan. Notice of the proposed change shall be mailed to owners of adjacent property and to associations entitled to notice of the change. Substantial changes to an approved site plan must be approved by the Governing Body.

(B) Special uses include but are not limited to the following:

(1) Airport;

(2) Amusement park of a permanent character;

(3) Cemetery, including columbarium, mausoleum, or crematory;

(4) Resorts, spas;

(5) Race track;

(6) Stadium;

(7) Indoor shooting range;

(8) Manufactured home/mobile home park;

(9) Recreational vehicle/travel trailer park or campground;

(10) Concrete batching plant;

(11) Outdoor theater;

(12) Community residential care facility provided all city regulations are met in addition to any conditions set forth via the SU/Special Use zoning hearing process;

(13) Landfill;

(14) Mining;

(15) Planned residential developments.

(a) Permitted uses include single-family homes, townhouses, and apartments, and associated accessory structures as regulated by an underlying zoning district or an approved site plan. Permissive commercial uses may be allowed, up to 25% of the gross floor area of the development.

(b) A site plan for a P.R.D. shall include information as to the maximum number of dwelling units and/or density; maximum and minimum lot sizes; maximum building height; minimum building setbacks; architectural design standards including but not limited to exterior wall materials and colors, roof materials and colors; preliminary grading and drainage plan, landscape design standards, parking, site lighting, design of walls and fences visible from public rights-of-way, and pedestrian amenities.

(16) Public utilities, electric facilities including, but not limited to, substations, switching stations and generation.

(17) Any use or combination of uses, not otherwise permitted under a specific zoning district.

(Ord. 13-03)

154.18 E-1: ESTATE RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a very low density of population in which the principal land use is single-family dwellings.

(B) Permissive uses.

(1) Permissive uses of the R-1 District; design standards apply except for the requirement that dwelling units face or create a presence on the address street;

(2) Accessory buildings or structures as per R-1, including stable facilities for the housing and maintenance of horses but not to include structures for other types of domestic livestock or fowl; such stable facilities greater than 600 square feet may be exempt from using the same construction materials and having the same facade as the primary structure, but still shall be similar in color.

(3) Horses are allowed by the following criteria:

(a) The minimum lot size required for the first horse is one acre;

(b) Thereafter, each additional horse shall require one-half acre per horse in addition to the minimum;

(c) Horses must be corralled in such a manner as to keep horses a minimum of 10 feet away from any property line.

(C) Conditional uses (requiring use permit).

(1) Family child care facility with a capacity of seven or more;

(2) Hobby breeders and animal foster care providers as per conditions listed under the R-1 Single-Family Residential District.

(D) Area.

(1) Every lot must have an area of not less than 21,780 square feet.

(2) Setbacks.

(a) Front – 35 feet; front- and side-loaded garages – 35 feet;

(b) Rear – 25 feet; alley-loaded garage – zero feet;

(c) Side – 10 feet except in the case where the side setback requirement in total is greater than 20% of the lot frontage. In that case, side setbacks may be reduced to five feet;

(d) Corner side – 10 feet;

(e) Free-standing wind energy units – 2:1 height to setback ratio with a 40-foot maximum height;

(f) Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools;

(g) Flag poles – 10 feet from any property line.

(3) Building envelopes. If a building envelope is included at the time of plat, appropriate placement of the building envelope within the setback area will be allowed. Envelopes may be placed with the setback area for the following reasons:

(a) To preserve open space;

(b) To preserve native plant material on the site;

(c) To preserve natural drainage courses;

(d) To preserve views of nearby lots.

(E) Restrictions.

(1) Height. Same as R-1 District.

(2) Grading and drainage. No grading of sites will be allowed until DSD has approved both the grading and the drainage for the site.

(F) Off-street parking. Off-street parking spaces must be provided as set forth in Section 154.22.

(1) The same restrictions as stipulated in the R-1 zoning district pertaining to parking of commercial vehicles apply except that a commercial vehicle/equipment may be parked on the property when such is used and is related to a permitted use being conducted on the property.

(G) Landscaping. Same as R-1 District.

(Ord. 13-03)

154.19 O-1: OFFICE DISTRICT.

(A) Purpose. This district permits office uses. This district may act as a buffer between residential property and more intensive nonresidential uses or may be located adjacent to any other use. No noise, odor or vibration shall be emitted which would cause a negative impact on the adjacent residential district. Such comparison shall be made at the property line.

(B) Permissive uses.

(1) Office uses.

(2) Banks and financial institutions.

(3) Beauty shop, barber shop, hair and nail salon.

(4) Church, or other place of worship, including incidental facilities.

(5) Club or association meeting space, provided there is no liquor license.

(6) Manager/caretaker residential uses within the structure.

(7) Incidental uses within a building or on a site owned in common with a primary office use for uses such as coffee or snack shop, restaurant, news stand so long as it is not the primary use of the site.

(8) Institutions such as library, museum, schools, day care, senior transitional care facility, fire or police stations.

(9) Hospital and other health services.

(10) Medical supplies and services such as drug prescription and health care supplies, physical therapy office, shop for prosthetic or health aid devices, or medical or dental laboratory.

(11) Amateur radio antenna, up to 65 feet in height from grade.

(12) Public facilities.

(13) Park and ride facilities and parking lots.

(14) Photocopy, photography studio, shipping and messenger service offices.

(15) Public utility structures and facilities including but not limited to substations, switching stations and generation.

(16) Radio or television studios that do not exceed height limits.

(17) Storage structure or yard for equipment; provided, that outdoor equipment is stored behind an eight-foot solid wall, and the storage is ancillary to an office use and located in the back or rear yard.

(18) Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to 180 days and no more than 30 days after construction has finished for a total of 231 consecutive days. If an extension is needed, application is necessary and may be granted for up to 120 days.

(C) Conditional uses (requiring use permit).

(1) Amateur radio antenna over 65 feet in height from grade;

(2) Community residential care facilities;

(3) R-3 multi-family uses above the first floor;

(4) Retail or restaurant facilities that is not permissive and incidental to other uses on the site;

(5) Office uses that exceed the height limits of this district.

(D) Area. Minimum one-fourth acre.

(1) Setbacks.

(a) Front – 10 feet;

(b) Rear – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(c) Side – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(d) Corner side – 10 feet;

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(f) Flag poles – 20 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(E) Height. Sixty feet.

(F) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22.

(G) Landscaping. Appropriate landscaping consisting of trees, shrubs and groundcover shall be provided for visual relief along the frontage of the parcel; provided, that no less than 15% of the lot shall be landscaped, and no less than half of the 15% shall be located on the front. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(H) Buffer zone. Same as C-1 District.

(Ord. 13-03)

154.20 T-Z: TRANSITIONAL ZONING DISTRICT.

(A) This zoning district permits low density residential uses on an interim basis for newly annexed areas. All provisions of the R-1 District shall apply to those areas zoned T-Z except as noted below.

(B) The T-Z Transitional Zoning District shall consist of territory annexed in which long-term land uses and development policies consistent with the city’s comprehensive plan have not yet been determined.

(C) Setbacks.

(1) Front – 35 feet;

(2) Rear – 25 feet;

(3) Sides – 10 feet.

(D) No conditional uses shall be allowed in the Transitional Zoning District.

(E) No subdivision of property shall be permitted in the Transitional Zoning District, except for lot consolidation.

(F) A permanent zoning district for the annexed territory shall be adopted by the Governing Body when long-term land use and development policies consistent with the city’s comprehensive plan have been determined.

(Ord. 13-03)

154.21 NC: NEIGHBORHOOD COMMERCIAL DISTRICT.

(A) Purpose. This district permits limited commercial and residential uses such as those pertaining to the day-to-day needs of the residential populace.

(B) Permissive uses.

(1) Stores for the sale of retail goods, products, and services; except gasoline stations are not permitted;

(2) Repair shops – electrical, radio, and television appliances, keys and similar articles;

(3) Shops – dressmaking, tailoring, laundry, dry cleaning, photo, pet, and similar trades;

(4) Banks and office buildings;

(5) Churches and other places of worship, Sunday school buildings, and parish houses;

(6) Bakeries and confectionaries where goods are sold at retail prices;

(7) Parks, recreational parks, open spaces, public facilities;

(8) Nursery schools;

(9) Undertaking establishments;

(10) Club houses or buildings for fraternal organizations provided there is no liquor license, and nonprofit public service organizations;

(11) Medical complexes, professional offices associated with medical complexes, and veterinarians with overnight kenneling for medical purposes only (no boarding kennels);

(12) Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to six months and no more than 30 days after construction has finished; provided, that the use of the trailer is for assisting in the security of the construction site and facilitating the delivery of construction material, and that no sales are conducted from the construction either before or after development is completed. If an extension is needed, application to and certification from DSD is necessary and may be granted for up to 120 days;

(13) Photocopying and blueprinting businesses;

(14) Residential uses are permitted as a secondary use conducted in conjunction with a primary business use, provided the following conditions shall be met:

(a) The exterior of any residential building shall be constructed of materials similar in color and appearance to those used in the primary business structure.

(b) The residence shall be located either as part of the primary business structure or behind the primary business structure.

(c) The residence can be used as a residence but cannot be used in a business capacity;

(15) Public utilities, electric facilities including, but not limited to, substations, switching stations and generation.

(C) Conditional uses (requires use permit).

(1) Temporary structures and enclosures used in construction of a building and used for storage of equipment and material. Such structure must be removed after the specific construction project is completed and not remain on the premises for more than one month after completion. Temporary commercial structures used for seasonal purposes may be erected for a period of not more than 90 days. But, in no case shall the structure or enclosure be present for longer than one week after the ending of the season for which it was intended;

(2) Schools;

(3) Storage, limited to self-storage units and storage of vehicles which are behind a wall and not visible from the surrounding neighborhood;

(4) Research and development offices, excluding those that could be a nuisance or hazard to the surrounding neighborhood;

(D) Area. Minimum one-fourth acre.

(1) Setbacks.

(a) Front – 10 feet;

(b) Rear – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(c) Side – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(d) Corner side – 10 feet;

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor;

(f) Flag poles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(E) Height. Same restrictions as O-1 District.

(F) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22.

(G) Landscaping. Appropriate landscaping shall be provided for visual relief along the frontage of the parcel; provided, that no less than 10% of the lot shall be landscaped, and no less than one-fourth of the 10% shall be located on the front. Landscaping requirements shall be established in accordance with any applicable land use plan. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(H) Buffer zone.

(1) Where the side and/or rear property lines of a commercial site are contiguous to a residential zoning district, or are separated therefrom only by an alley, there shall be a six-foot high solid masonry wall adjacent to the property lines, and a 10-foot wide landscaped area adjacent to the wall on the commercial property. The landscaped area shall contain evergreen trees at least three-inch caliper, spaced no further than 25 feet apart.

(2) If the masonry wall plus retaining wall have an effective height of over eight feet on the residential side, the city shall decide the required height. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor, or vibration shall be emitted by uses outside the boundaries of the Neighborhood Commercial District.

(3) Parking will be permitted in side and rear yard setbacks, but no accessory buildings will be permitted in that area.

(Ord. 13-03)

154.22 OFF-STREET PARKING REQUIREMENTS.

(A) All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question, as per the following criteria:

(1) Single-family dwelling. Parking spaces for automobiles and/or light trucks shall be provided on site for all single-family residential uses. Parking spaces shall be paved or all weather in nature and shall be provided within a driveway or a garage as follows:

(a) Two spaces if the dwelling is a studio or one-bedroom home, with a minimum of one space in an enclosed garage;

(b) Three spaces if the dwelling has two bedrooms, with a minimum of two spaces in an enclosed garage;

(c) Four spaces if the dwelling has three or more bedrooms, with a minimum of two spaces in an enclosed garage.

(2) Multi-family dwelling: One and one-half parking spaces per studio or one-bedroom dwelling unit; one and three-quarters spaces per two-bedroom dwelling unit, two spaces for three-bedroom units, plus six guest/staff parking spaces. Parking spaces for multi-family dwellings shall not be in the required yards.

(3) Mobile home: One parking space per dwelling unit.

(4) Hotels and motels: One space for each unit; one space for each two employees, and appropriate space for any accessory use, such as a restaurant.

(5) Hospital, clinic, or convalescent or nursing home: One space for each bed.

(6) Medical or dental office: one space per 300 square feet.

(7) Places of public assembly, including churches, community centers, auditoriums, theaters, gymnasiums, arenas, and mortuaries: One space for every four fixed seats or, if there are no fixed seats, one space for every 40 square feet of gross floor area in the main gathering area.

(8) Clubs, lodges, or fraternal organizations: One space per 200 square feet of floor area.

(9) Dance hall, skating rink: One space for each 200 square feet of floor area.

(10) Office, professional, retail businesses, and public buildings: One space for each 300 square feet of floor area.

(11) Restaurant, bar: One space for each four seats or one per 100 square feet, whichever is greater.

(12) Bowling alley: Four spaces per alley.

(13) Industrial, manufacturing, and wholesale establishments: One space for each two employees for the largest shift or one space per 1,500 square feet of warehouse, whichever is greater.

(14) Shopping centers: Five spaces per 1,000 square feet of gross floor area.

(B) Mixed uses. For mixed uses, the total requirement for off-street parking spaces shall be the sum of the fractional requirements of the various uses computed separately.

(C) An applicant for a building permit must submit plans showing location, arrangement, and dimensions of the parking facilities, turning spaces, drives, aisles, and ingress and egress for approval by DSD.

(D) The number of required parking spaces must be provided on the same lot where the principal use associated with the parking spaces is located. Spaces may be provided on adjacent or nearby lots; provided, that the number of off-site parking spaces does not exceed 25% of the total number of required spaces. The off-site parking spaces must be located within 300 feet of a public entrance or a principal building housing the use associated with the parking. A developer wishing to take advantage of these provisions must present a legally recorded document indicating that he has the irrevocable permission of the owner or agent in charge of the area where the off-site parking will be located to use such spaces.

(E) Design standards.

(1) All facilities must provide appropriate access to a street, alley or public thoroughfare.

(2) Parking aisle widths shall conform to the following widths:

Aisle Width

30°

45°

60°

90°

One-Way Traffic

13

11

13

18

24

Two-Way Traffic

19

20

21

23

24

(3) Driveways shall not be less than 10 feet in width for one-way traffic and 20 feet in width for two-way traffic, except that 10 feet wide driveways are permissible for two-way traffic when the driveway is not longer than 50 feet, it does not provide access for more than six spaces, and there is sufficient turning space so that vehicles do not need to back onto a public street. Each parking space shall consist of an area of not less than nine feet in width by 18 feet in length exclusive of driveway area, except in the following situations:

(a) In parking areas containing 10 or more parking spaces, up to 20% of the parking spaces may contain a rectangular area of seven and one-half feet by 15 feet in length; provided, that such spaces are conspicuously designated as reserved for small or compact cars only.

(b) Wherever parking areas consist of parallel parking spaces, the dimensions of such parking spaces shall not be less than nine feet by 22 feet.

(4) Vehicle accommodation areas shall be designed so that vehicles may exit parking areas without backing onto arterial streets and shall be designed so that sanitation, emergency, and other public service vehicles can serve the development without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.

(5) Parking areas shall be designed so that vehicles do not extend beyond the property lines.

(6) Parking areas shall be designed so that traffic circulation allows vehicles to proceed safely without posing a danger to pedestrians and other vehicles and without interfering with parking areas.

(7) Parking areas shall be properly maintained in all respects. In particular, markings shall be kept clearly visible and distinct.

(8) Parking areas, loading and unloading areas, and the driveways constructed to service those areas shall be paved with asphalt paving or other suitable material as determined by DSD.

(F) Accessible parking spaces.

(1) Accessible parking space size. Each required accessible space shall consist of an area of at least nine feet wide and shall have an adjacent access aisle five feet wide, minimum. At least one of the required accessible parking spaces shall be van accessible; a minimum of nine feet wide with an adjacent access aisle a minimum of eight feet wide. One of every six accessible parking spaces must be designated van accessible. Parking access aisles shall be part of the accessible route to the building or facility entrance and shall comply with this chapter and the Americans with Disabilities Act (ADA). Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.

(2) Every parking lot shall have a minimum number of designated disabled parking spaces as provided herein (per the current state and federal ADA standards):

Total Spaces in Parking Lot

Minimum Designated Accessible Parking Spaces

1 – 25

1

26 – 50

2

51 – 75

3

76 – 100

4

101 – 150

5

151 – 200

8

201 – 300

12

301 – 400

16

401 – 500

20

501 – 1,000

2% of total

Over 1,000

20 plus one for each 100 or fraction thereof over 100

(3) The designated disabled parking spaces shall be located so as to provide the most convenient access to entry-ways or to the nearest curb cut or ramp and must be clearly designated as such as per ADA specifications.

(4) No building permit shall be issued for the construction or substantial renovation of a commercial building inviting public access, unless the parking lot has designated disabled parking spaces as delineated herein.

(G) Wherever the normal operation of a development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development a sufficient off-street loading and unloading area must be provided in accordance with the following:

(1) The area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area given the nature of the development.

Gross Leasable Area of Building

Number of Spaces*

1,000 to 19,000

1

20,000 to 79,000

2

80,000 to 127,999

3

128,000 to 191,000

4

192,000 to 255,999

5

*The area shall be a minimum of 12 feet by 55 feet with an overhead clearance of 14 feet from grade.

(2) Loading and unloading areas shall be located and designed so that the vehicles intended to use them can maneuver safely without obstructing or interfering with any public right-of-way, parking space, or parking lot aisle.

(3) No area allocated to loading and unloading facilities may be used to satisfy the parking area requirements of the development or vice versa.

(H) Recognizing that the parking requirements set forth in this section cannot cover every possible situation, DSD is authorized to determine the parking requirements using this section as a guide.

(1) Whenever the department allows or requires a deviation from the parking requirements set forth herein, it shall record the parking requirement that it imposes and the reasons for allowing the deviation.

(2) If the department concludes, based upon information it receives in consideration of a specific development proposal, that the requirements for a particular use classification are in error, the department shall initiate a request for an amendment to the table of parking requirements as set forth herein.

(Ord. 13-03)

154.23 FENCE REQUIREMENTS.

(A) For the purpose of administering and enforcing this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMON FENCE. A fence that straddles a property line. For the purposes of this section, it is assumed that common fences are jointly owned in their entirety by each property owner and that initial construction of and any modifications that require city approval beyond typical maintenance require the written permission of each property owner.

ELECTRICAL FENCING. A fence consisting of wires charged with electricity serving to confine domestic animals or livestock.

FENCE. A vertical structure taller than one-foot, not more than 20 inches wide, which forms a barrier built for the purpose of protection, decoration, confinement, enhancement of privacy, and in some cases, built for safety.

RETAINING WALL. Any structure that is intended to retain more than 18 inches of soil or similar material.

SWIMMING POOL FENCE. A fence that is six feet in height that serves to limit access for safety purposes.

(B) Construction materials for fences include common construction materials such as wood, masonry, adobe, chain link, wire mesh, or other materials approved by DSD. Barbed wire, concertina wire, or similar material is only appropriate in the E-1/Estate Residential District where it may be used to confine horses or in M-1 and C-2 District. Broken glass in/on fences is strictly prohibited.

(C) Fences may be placed anywhere within a lot, parcel, or tract of land within the city as specified herein. Fences may not be placed beyond property lines. Fences in the public right-of-way are strictly prohibited. Placement of a fence within an easement requires written permission of the grantee to which the easement is assigned.

(D) Maximum fence height varies with the location of the fence on the property.

(1) Fences allowed in the front setback area can reach a maximum height of four feet, except that fence height on corner lots must conform to the specifications under clear sight triangle, as defined in Section 154.03.

(2) Fences built within the side yard setback, behind the front setback to the rear setback, can be a maximum of six feet.

(3) Fences built outside the setback area within the buildable area of a lot, parcel, or tract may reach a maximum height of eight feet.

(a) The maximum fence height on nonresidential property is eight feet where it abuts residential property, along the rear or side property line.

(E)(1) Fence height is measured from grade where the fence is located. It is considered a subterfuge of the ordinance to pile or berm dirt or other materials and attempt to measure a fence from the top of the berm or from the top of a “pseudo” retaining wall. It is however, allowed to fill in large areas of a lot, parcel, tract in order to achieve an overall or consistent grade, and then measure fence heights from that grade. A change in grade requires approval by DSD.

(2) Fences may be placed on top of retaining walls and height will be measured from the grade level of the retained material behind the retaining wall or in other words, from the highest soil or similar material point.

(F) Special fences.

(1) Swimming pool. Fences are required around any swimming pool which is greater than three feet in depth or which exceeds 5,000 gallons. The pool must be enclosed on all sides by a fence or other barrier that provides an impediment of at least six feet thereby limiting access. In the event of a grade separation or the erection of an above ground swimming pool, the six-foot minimum height is measured from outside the fence, while the pool is on the inside. Gates on pool fences are required to be six feet in height with a self-closing latch at least four and one-half feet (54 inches) off the ground. In the case where a common fence cannot be used for a swimming pool fence, the swimming pool fence must be a minimum of four feet in height with a hardcover which complies with the International Building Code.

(2) Corner lots. Fences in the clear sight triangle as defined in Section 154.03 may not be greater than 30% solid when viewed along a line of sight which is parallel to the hypotenuse of the clear sight triangle.

(3) Residential fences that abut high intensity nonresidential or multi-family uses may be erected as follows: where a residential lot, parcel or tract abuts an arterial or collector street as defined in the comprehensive plan, multi-family or nonresidential zoned property, a fence may be a maximum of eight feet in height along the abutting side or rear property line, behind the front house line.

(4) Buffer walls. Fences that are required with multi-family or nonresidential development must be erected and continuously maintained so that a six-foot opaque fence exists along the property lines that abut the residentially zoned property.

(5) Electrical fencing may be placed only on the inside of a fence so that it is not accessible to adjacent property and requires a conditional use permit.

(G) Approval process. All fences require a zoning plan review. If the fence is a part of a larger submittal, for example new home construction, the fencing plan review will occur at that time and is inclusive in the plan review fee. If the fence is an improvement to a developed site, a fencing plan review is required.

(1) Fencing plan review submittal should include the following:

(a) Application;

(b) Lot dimensions (sketch);

(c) Location of existing structures, including retaining walls;

(d) Location of proposed fence, proposed height, and construction materials (cross-section).

(H) Exemptions. This section does not apply to fences in existence before the effective date of the ordinance codified in this chapter, as amended, except when the fence is declared a nuisance or hazard as determined by DSD or the Traffic Safety Advisory Committee, such fence may be made to conform with the requirements of this chapter, or removed within 30 days of the closing or transfer or declaration of the fence as a nuisance or hazard.

(Ord. 13-03)

154.24 NONCONFORMING USES.

(A) When, within the various districts established by this chapter or amendments that may be later adopted, there exist lots, structures, or uses that were in conformity with the applicable zoning ordinance and regulations when created but which would be prohibited or do not conform to the requirements of this chapter or future amendment, it is the intent of this chapter to:

(1) Allow these nonconforming uses to continue until they are removed;

(2) Not encourage their survival or perpetuation;

(3) Insure that the nonconformities shall not be enlarged upon, expanded, or extended;

(4) Not permit the nonconformities to be used as grounds for adding other structures or uses prohibited elsewhere in the same district;

(5) Not permit the attachment of additional signs to the building or the placement of additional signs or display devices on the land outside the building or permit the addition of other uses if such additions are of a nature that would be prohibited generally in the district involved.

(B) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building in which actual and lawful construction had begun prior to the effective date or adoption or amendment of this chapter and upon which construction has been diligently carried on.

(C) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to the requirements of this chapter.

(D) If a nonconforming use is damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, then restoration must be for a permitted use.

(E) Each owner of a nonconforming use that was in existence before March 7, 1983, shall apply for a nonconforming use certificate. Application shall be made to DSD. DSD shall make final determination on all applications. A certified nonconforming use ceases to be valid only after abandonment (a period of six consecutive months for uses, or a period of 12 consecutive months for structures) and cannot subsequently be reestablished by the property owner where such use is otherwise prohibited. Prior to the issuance of a nonconforming use certificate, the department shall confirm via submitted documentation that the nonconformity has been in continuous existence and shall subsequently affirm that the non-conformity continues to exist on an annual basis.

(Ord. 13-03)

154.25 BUILDING PERMITS.

(A) No building may be undertaken in the city without a building permit as required by the City of Rio Rancho and/or the General Construction Industries Commission of the State of New Mexico and without an application having been made for an occupancy permit as required by Section 154.26.

(B) All buildings or houses other than accessory buildings shall display identification numbers.

(1) DSD shall record designated street numbers on the plan review application of new construction, and shall furnish building numbers of all buildings needed.

(2) Numbers shall be affixed on buildings the last day of the first month the building is occupied.

(a) Street numbers shall be as designated by DSD.

(b) All numbers other than those designated shall be removed.

(3) The numbers shall be located on the right/left side of the street address entrance, clearly visible from the street.

(a) Each figure of a house or building number shall be a material which will withstand the natural elements.

(b) The figures shall not be less than three inches in height and of corresponding width.

(4) It shall be the responsibility of the building owner to maintain numbers of houses and/or buildings in good as well as legible condition or design.

(Ord. 13-03)

154.26 OCCUPANCY PERMITS.

Subsequent to the effective date of this chapter, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by DSD. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No building or premises shall be occupied until such a certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the City Clerk, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such a certificate of occupancy.

(Ord. 13-03)

154.27 SPECIAL EVENT PERMIT.

(A) Incidental or infrequent uses/events such as but not limited to, circuses, carnivals, festivals, indoor and outdoor sales, motorcycle runs, grand-openings, fireworks stands, charitable fundraisers, outdoor concerts and sporting events, film productions, seasonal events and events open to the public that are commonly associated with a business or club which include but are not limited to civic, fraternal, charitable, religious, social and patriotic organizations may be allowed in all zones; provided, that:

(1) The applicant, prior to any formal scheduling of an event, shall submit in writing at least 30 days in advance – an application for a special event permit to DSD, for temporary zoning approval. The application shall contain the following information:

(a) The date, hours of operation, approximate attendance, and location of the proposed event;

(b) Written verification and approval of property owner’s permission to conduct the event if the event is to be held on property not under ownership of the applicant;

(c) A notarized statement by the applicant and/or property owner, proof of liability insurance, current city business registration, and a detailed site plan of the event setup including, but not limited to parking availability, emergency exits, tent/canopy, stage and vendor booth locations.

(d) When applicable, the applicant shall also submit a Chief overtime agreement from the RRDPS, a detailed traffic/route plan and any required permits and approvals issued from the Rio Rancho City Clerk and the State of New Mexico.

(2) Temporary signage for special events shall be allowed; however, all signs are subject to the regulations in Chapter 156: Sign Regulations.

(3) Special events shall be limited to no more than four events per business/organization per calendar year and shall not exceed a maximum of 14 consecutive or non-consecutive days in operation. Approval to exceed the maximum time allowed to conduct a special event shall be obtained by the DSD prior to the last day of the event.

(4) For fees, refer to the fee schedule on file in the City Clerk’s office.

(Ord. 13-03)

154.28 OS: OPEN SPACE DISTRICT.

(A) Purpose. The purpose of this district is to satisfy the visual and psychological needs of the community for light and air, and permit beneficial low-impact recreational uses and outdoor education that minimize disruption of the land’s natural systems and are not detrimental to the natural characteristics of the land.

(B) Permissive uses.

(1) Natural areas designated for outdoor education, low-impact recreation, wildlife/habitat enhancement and conservation, natural and cultural resource preservation;

(2) Land undergoing restoration;

(3) Regional preserves;

(4) Lakes, waterways, flood water storage areas, and other public facilities for handling flood water, all designed in such a way as to be considered a visual and/or physical amenity in the community;

(5) Land that serves as a buffer, protecting the public from natural hazards;

(6) Structures and facilities incidental to the above uses; provided, that such incidental buildings do not cover more than five percent of the ground area;

(7) Amenities and improvements supporting the above uses including drinking water fountains and spigots, trash and dog waste receptacles, tables and benches, bicycle racks, and regulatory and interpretive signs;

(8) Unpaved service roads, permeable parking lots with 25 spaces or less, fencing six feet in height or less, trails and trial corridors, and public utilities necessary for the protection, development and use of the open space area.

(C) Conditional uses (requiring use permit).

(1) Development, including public utilities, roads other than unimproved service roads, drainage structures other than those necessary for resource protection, amphitheater, visitor center, interpretive center, botanical garden, arboretum, garden open to the public, parking lot with more than 25 spaces, and other uses as specified in Resource Management Plans or Master Plans.

(2) Applications for condition uses must demonstrate that:

(a) The proposed development is in accord with the letter and intent of the Comprehensive Plan regarding open space, Open Space Master Plans and applicable Resource Management or Master Development Plan.

(b) The proposed development complies with subsections (A) and (B) of this section.

(Ord. 13-03)

154.29 PR: PARKS AND RECREATION DISTRICT.

(A) Purpose. The purpose of this district is to beautify and create neighborhood identity, provide green space for active recreation and sports activities, relaxation, social interaction; to enhance and beautify the urban landscapes; to offset heat island effect; and to satisfy the visual and psychological needs of the community for light and air.

(B) Permissive uses.

(1) Parks and plazas; including playgrounds, fenced off-leash dog areas, skateboard facilities; sport courts and fields, bathroom facilities, pavilions, community and recreation centers, swimming pools, and trails;

(2) Botanical gardens, arboretums and gardens open to the public;

(3) Roads and public utilities and public utilities necessary for the development and use of the park.

(C) Conditional uses (requiring use permit).

(1) Golf courses;

(2) Cemeteries including columbariums, mausoleums, or crematories;

(3) Natural areas designated for recreation, wildlife/habitat enhancement, natural and cultural resource preservation;

(4) Land undergoing restoration;

(5) Regional preserves;

(6) Lakes, waterways, flood water storage areas, and other public facilities for handling flood water, all designed in such a way as to be considered a visual and/or physical amenity in the community;

(7) Structures and facilities incidental to the above uses; provided, that such incidental buildings do not cover more than five percent of the ground area.

(Ord. 13-03)

154.30 MU-A: MIXED USE ACTIVITY CENTER DISTRICT.

(A) Purpose. The Mixed Use Activity Center District permits new mixed use development and infill consisting of integrated blends of land uses and networks of interconnected pedestrian-oriented streets and ways.

(B) Application for rezoning. Applications for rezoning to a Mixed Use Activity zone should follow the site plan requirements of the Special Use zone and comply with the policies of the Comprehensive Plan.

(C) Intent.

(1) Encourage a greater intensity of development in order to attract the people and commerce necessary to create a vibrant and diverse urban center.

(2) Encourage a blending of residential, civic, commercial and office uses in close proximity to each other with active commercial and retail uses along arterial and collector street frontages, and encouraging residential uses above the ground floor or behind a commercial building that fronts the street.

(3) Encourage a mixture of service and employment uses so that residents will have the opportunity to work as well as shop and play within walking distance from their houses.

(4) Encourage planning, design and detailing that reflects the needs of pedestrians, establishes multi-modal circulation opportunities, and creates memorable civic spaces.

(D) Considerations for approval.

(1) Plans should reflect the intent of the Comprehensive Plan.

(2) Plans should comply with the intent and requirements of a mix of land uses set forth herein and not be used for a single land use.

(3) The total area of the district must be a minimum of two acres, but may be smaller with an approved conditional use permit.

(4) Plans must include residential and non-residential uses within or in close proximity to the district with shared access and adequate pedestrian linkages.

(5) Plans may also include civic or community building, public utility and/or public spaces within the district.

(E) Development review process.

(1) Property zoned MU-A requires the approval of a master plan and development guidelines for the district prior to development or re-development of the land. An applicant wishing to develop property zoned MU-A must submit a master plan and design and development guidelines for the mixed use development to the Director of Development Services for a preliminary review.

(2) DSD will provide potential applicants with a checklist of required items consistent with those for the Special Use Zone.

(3) Following preliminary review by DSD, the application will be subject to the review and approval of the Planning and Zoning Board.

(4) Upon approval, the master plan and accompanying documents will be used as the official guide for future development within the district.

(5) Site development within the district will require the submission of a site development permit application to DSD for approval. A site development plan will include items from a list provided by DSD and consistent with those for the Special Use Zone. The site development permit application will be evaluated based on compliance with the approved master plan and guidelines.

(F) Permissive uses.

(1) Permissive uses of the NC and O-1 Districts; provided, that all regulations of the district and use are met; and provided, that:

(a) No indoor or outdoor storage structure or yard shall be permitted;

(b) Park and ride and commercial parking facilities shall be treated as a conditional use;

(c) Stores for the sale of retail goods, products, and services shall be allowed up to 15,000 square feet;

(d) Churches and other places of worship, as well as any club, association, or fraternal meeting space shall be allowed up to 5,000 square feet;

(2) Dwelling units above the ground floor;

(3) Multi-family residential;

(4) Live/work units;

(5) Home occupations;

(6) Hotel or motel; bed and breakfast;

(7) Family child care facility with a capacity of six or less;

(8) Restaurants, bars, and lounges with or without outdoor seating which exclude drive-in or drive-up uses;

(9) Live entertainment accessory to an eating or drinking establishment;

(10) Coffee shops and cafes;

(11) Auditoriums, bowling alleys, billiard or pool halls, dance halls, theaters and other indoor entertainment establishments;

(12) Bicycle sales, service, and repair shop;

(13) Personal service including health clubs and gyms;

(14) Community or conference center.

(G) Conditional uses (requiring permit).

(1) Townhomes and row houses;

(2) Schools;

(3) Family child care with a capacity of seven or more;

(4) Stores for the sale of retail goods, products, and services greater than 15,000 square feet;

(5) Churches and other places of worship, as well as any club, association, or fraternal meeting space greater than 5,000 square feet;

(6) Farmer’s markets;

(7) Tattoo and body piercing shops;

(8) Commercial parking lots and structures;

(9) Bus terminals and park and ride facilities.

(H) Area. Minimum size is two acres, but may be smaller with an approved conditional use permit for small neighborhood mixed use centers or infill.

(1) Setbacks.

(a) Front – 10 feet;

(b) Rear – zero feet, unless abutting a residential zone, then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(c) Side – zero feet, unless abutting a residential zone then, a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a step-back of one foot for each additional one foot of height up to the maximum height of the district;

(d) Corner side – 10 feet;

(e) Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.

1. All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.

(f) Flag poles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by conditional use permit.

(I) Height restrictions. Thirty-two feet for single-family uses; 78 feet for multi-family uses; 85 feet for vertically mixed uses, commercial/office or institutional uses.

(J) Off-street parking. Off-street parking shall be provided as set forth in Section 154.22.

(1) Off-street parking may be located to the side and rear of buildings in order to maintain street frontage for pedestrian connections and circulation. On sites with multiple buildings, parking is allowed in front of or between buildings that are interior to the site.

(2) Application requests for a reduction in the number of required off-street parking spaces as the result of shared parking will be considered. DSD will consider parking availability and proximity to transit during the site plan review process.

(3) The requirements of Section 154.22(G) do not apply in the MU District.

(4) The amount of required off-street parking shall be reduced by one space for each on-street parking space adjacent to the development.

(5) The number of surface parking spaces shall not exceed 125% of the minimum required excluding dedicated residential spaces and parking structures.

(6) Bicycle parking shall be provided at 10% of the total off-street parking requirement or four spaces, whichever is greater.

(K) Landscaping. Appropriate landscaping shall provide visual relief of the district and safe, comfortable and attractive spaces for pedestrians. Landscaping will be evaluated as part of the submittal process. Landscaping requirements for buffering shall be as established in the C-1 District. Other landscaping shall be as required to conform to the intent of the Comprehensive Plan. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.

(L) Buffer zone.

(1) Buffering is not required in the MU-A District except for parking structures that do not incorporate ground floor commercial.

(2) Buffering may be implemented at the perimeter of the mixed use district, but only when there is a non-residential use inside the district, adjacent to a residential use outside the district.

(3) Buffer wall. A buffer wall may be a maximum of six feet in height and shall be constructed of masonry, wood, sealed adobe, brick or other solid material.

(a) Where mixed use property abuts residential property, the wall shall abut the property line;

(b) Where the mixed use district is adjacent to a residential district and separated by a public thoroughfare, the wall shall be located 10 feet inside the property line on the nonresidential property. The nonresidential structure may be used in lieu of a wall if it is solid (non-openings), and if it connects to the remainder of the buffer wall to form a continuous buffer for the nonresidential site.

(4) Buffer landscaping.

(a) Landscaped buffer areas shall be a minimum of 10 feet in width measured perpendicular to the buffer wall.

(b) The landscaped buffer areas shall include a minimum of one buffer tree per 25 feet, or an approved equivalent screening density. Minimum tree sizes at the time of planting shall be three-inch caliper, 30-inch boxed variety or 30-gallon container, or at least 10 feet in height.

(c) Where nonresidential property abuts residential property, the landscaped buffer shall be located inside the buffer wall.

(d) Where the nonresidential district is adjacent to the residential district and is separated by a public thoroughfare, the landscape buffer shall be located outside the wall. In cases where the building is acting as a partial wall buffer, the landscape buffer may be more than 10 feet in width to allow for the appropriate building setbacks.

(e) Buffer landscaping for parking garages shall be located in the front setback area.

(M) Lighting shall comply with the Night Sky Protection Act and be placed so as to reflect the light away from adjacent residential districts.

(Ord. 13-03)

154.31 CBD: CENTRAL BUSINESS DISTRICT.

(A) Intent; purpose.

(1) It is the intent of this section to create a Central Business District (CBD) to provide a mixed land use environment consisting of concentrated retail, commercial, government, recreational and entertainment, residential and office uses that are intended to serve as a destination and service the needs of the regional trade area. The CBD is intended to be used to establish the City of Rio Rancho’s first downtown.

(2) The downtown is modeled as a “lifestyle center” providing a “main street” environment with open-air shopping, planned and developed as a unit and intended to serve consumer demands for the citizens of the city, as well as the region, with the primary offering consisting of a mix of specialty retailers, restaurants, entertainment and theater facilities and civic uses (i.e., City Hall).

(3) The CBD shall utilize the City Centre Master Plan and accompanying regulating design standards to provide guidance pertaining to the landscaping, architecture, parking, pedestrian, multi-modal transportation, and specific design features of the downtown area of the city. It is the purpose of this section to:

(a) Encourage a greater intensity of development in order to attract the people and commerce necessary to create a vibrant and diverse urban center.

(b) Encourage primary retail oriented land uses in combination with civic recreational and entertainment uses. Ancillary uses would include service, residential, office and mixed uses.

(c) Encourage a mixed use density creating walkable, multi-level, live-work-play neighborhoods intended to stimulate and engage pedestrian-level detail such that the CBD user experiences the core of exciting urban living.

(d) Encourage planning, design and detailing that reflects the needs of pedestrians, establishes multi-modal circulation opportunities, and creates memorable civic spaces.

(e) To encourage uses such as theaters and restaurants, which provide “life” to the CBD. These types of businesses help attract people to the area and can provide more efficient use of shared parking facilities.

(f) To create small blocks within which commercial uses can be sited as groupings of shops attractive to on-street parking and pedestrian use.

(g) Parking accommodations are primarily made with on-street, diagonal and parallel parking, parking structures, and underground parking facilities that have attractive street facades and/or ground floor commercial/retail.

(h) Retail buildings shall orient their entrances together along a sidewalk network in an open-air setting, complemented by landscaping, street furniture and urban furnishing amenities.

(i) Pedestrian amenities such as gathering places for sitting/eating outdoors shall be encouraged.

(B) Permitted uses. The following uses and structures are permitted in the CBD:

(1) Amusement and places of entertainment;

(2) Antique shops;

(3) Apparel and accessory stores;

(4) Artist studios, shops and galleries;

(5) Automobile supply accessory stores;

(6) Auditorium;

(7) Bakery and pastry shops (retail only);

(8) Banks and other financial institutions;

(9) Bicycle shops (sales and repair);

(10) Books and stationery stores;

(11) Cigar and tobacco stores;

(12) Clothing retail stores;

(13) Commercial recreation uses;

(14) Delicatessens, cafes and catering establishments;

(15) Department stores;

(16) Dry goods and notion shops;

(17) Fire stations, police stations and other public buildings;

(18) Florist;

(19) Furniture and home furnishings shops and stores;

(20) Grocery stores;

(21) Hardware stores;

(22) Hotels – full service;

(23) Household appliance stores;

(24) Interior decorator shops;

(25) Jewelry stores;

(26) Leather goods and luggage stores;

(27) Libraries and museums;

(28) Mail order catalogue stores;

(29) Music and music instrument stores and studios;

(30) Newspaper offices;

(31) Newsstands;

(32) Offices and office buildings;

(33) Office and computer supply stores;

(34) Personal services – beauty and barber shops, fitness centers, laundry/dry cleaning, tailor and dressmaking, shoe repair, tanning and manicure salons;

(35) Photographic studios;

(36) Parking lots and garages (public and private);

(37) Radio and television studios;

(38) Restaurant, coffee and tea rooms, patio/al fresco dining facilities;

(39) Shoe store;

(40) Above ground level residential uses;

(41) Sporting goods store;

(42) Taverns;

(43) Theaters;

(44) Toy and hobby shops;

(45) Travel bureaus;

(46) Utility company office, public utilities, electric facilities, including but not limited to, substations, switching stations and generations;

(47) Other uses compatible with the intent and purpose of this chapter, uses similar in character and operation to the permitted uses described above and uses complementary and an enhancement to the permitted uses.

(C) Uses requiring administrative review and permitting.

(1) Farmers’ market;

(2) Street performers;

(3) Sidewalk and street sales (right-of-way vending and mobile vending). Any person intending to sell or purchase, offer to sell or purchase, or display for sale or purchase, any food, fruit, goods, wares, merchandise, personal services or any other article of any kind or description upon any public or private street, alley, sidewalk or other right-of-way shall apply for a permit through the Department of Development Services. Sidewalk and street sales conditions:

(a) The proposed sale or display will not obstruct or interfere with the free, safe and orderly movement of vehicular and pedestrian traffic, and will not hinder or impede access required for emergency vehicles or buses.

(b) For sales or displays occurring during any hours of darkness, the applicant shall provide, or conduct activities within, sufficient illumination so as to prevent any safety hazard to persons and property.

(c) The location of sidewalk cafe fixtures and operation of the sidewalk cafe shall provide for and maintain on the sidewalk running parallel to the curb a four-foot wide minimum clear zone for pedestrian and wheelchair movement.

(D) Conditional uses. The following uses and structures may be permitted only after they have been reviewed and approved by the Planning and Zoning Board:

(1) Drive-thru facilities.

(2) Vehicle sales.

(E) Conditional use process. Application shall be submitted to DSD for Planning and Zoning Board consideration. At that time the Planning and Zoning Board may grant or deny the permit, or grant the permit with such conditions and limitations as the Planning and Zoning Board may determine to be in the best interests of the public and the neighborhood.

(F) Prohibited uses. Prohibited land uses include those that may negatively impact the health, safety and welfare of the citizens of the community. Prohibited land uses include limited service hotels/motels, outdoor storage, warehouse-type stores, general building supply stores, adult businesses as defined under Chapter 111, other than by licensed massage therapists under New Mexico Therapy Practice Act, NMSA § 61-12C-1 et seq., and those uses which are or will become an annoyance, nuisance or hazard to the surrounding area or to the general public.

(G) Design guidelines.

(1) The CBD design guidelines provide special guidance for the development review process to include, but not be limited to, landscaping, architecture, color palette, external parking, pedestrian and traffic circulation, signs and all specific design features in the downtown area of the city. The guidelines are included within the City Centre Master Plan as the “regulating design standards.”

(2) Development review process. CBD zoning shall require the approval of a site development plan prior to development of the land. An applicant wishing to develop property zoned CBD must submit a site development plan application to the Director of Development Services for review and approval.

(3) The design, siting, site coverage, yards, heights of buildings, external finish, architectural appearance, landscaping and any accessory buildings or structures shall be to the satisfaction of the Director of Development Services. The Director, or his designee, shall, in determining such matters, pay due regard to the existing uses and prospective uses of land in the vicinity and the regulations governing CBD zoning district to include adopted plans so that the proposed use of land or buildings will not prejudice the orderly development of the areas and is consistent in all respects with the general purpose of the CBD.

(4) Site development plan checklist. DSD will provide applicants with a checklist of required items. The checklist will include, but is not limited to, the following:

(a) General and structural information;

(b) Non-structural and parking information;

(c) Utility information;

(d) Phasing and financing information; and

(e) Landscape plan information.

(H) Streetscape. Street appearances represent the most and prevalent public space within the CBD. The quality and design of streetscapes is important to define the CBD as an attractive, pedestrian-scaled destination. Specific streetscape design criteria are further defined within the City Centre Master Plan.

(I) Signage. The CBD may be enhanced as a unique destination by the use of signage. Signage shall conform with Chapter 156 and further supplemented with specific signage criteria as defined within the City Centre Master Plan.

(J) Public spaces. The CBD may be further enhanced as a unique and attractive downtown center by the use of public art and landscaping. Specific public space design criteria are further defined within the City Centre Master Plan.

(K) Environmental sustainability. Development of the CBD shall consider environmental impacts associated with a built urban environment, i.e., outdoor lighting and the Night Sky Protection Act, erosion control, use of drought tolerant landscape materials and green building sustainability measures.

(Ord. 13-03)

154.32 OVERLAY ZONES.

(A) Purpose. The use of overlay zones in certain areas of the city is a planning and zoning tool that may be used to buffer one zone from another; impose additional design standards or access control measures; require additional setbacks to protect future right-of-way acquisition; modify certain standards which may cause undue hardship; or address specific problems in a particular area of the city.

(B) Priority. Overlay zones shall apply to areas where they are mapped in addition to the provisions of another zone. Where the provisions of an overlay zone are more or less restrictive than another section of this chapter, the provisions of the overlay zone shall prevail.

(C) Procedure. The overlay zone shall be mapped through the regular zone map amendment procedures and the existence of an overlay zone shall be denoted on the official zone map by the notation “OZ,” or a similar descriptive notation, in conjunction with the notation for the underlying zone district.

(D) Corridor Overlay Zone. The Corridor Overlay Zone (COZ) establishes additional design guidelines and access management standards pursuant to an adopted plan.

(Ord. 13-03)