City of Rio Communities, New Mexico ORDINANCE 2021-76

City of Rio Communities Chapter 4: Zoning Code

City of Rio Communities, New Mexico

ORDINANCE 2021-76

AN ORDINANCE SUPERSEDING OR REPEALING ORDINANCE NO. 2019-70 DATED:

SEPTEMBER 24, 2019. CHAPTER 04, ZONING CODE

PASSED, APPROVED AND ADOPTED THIS 26

DAY OF JANUARY 2021 BY THE GOVERNING BODY OF

THE CITY OF RIO COMMUNITIES, NEW MEXICO.

City of Rio Communities Governing Body

_____________________________________

Mark Gwinn,

Mayor

____________________________________ ___________________________________

Margaret (Peggy) Gutjahr, Bill Brown,

Councilor Mayor Pro-tem Councilor

____________________________________ ___________________________________

Joshua Ramsell, Jim Winters,

Councilor Councilor

ATTEST:

_______________________________

Elizabeth (Lisa) Adair,

Municipal Clerk

City of Rio Communities Chapter 4: Zoning Code

City of Rio Communities, New Mexico

Chapter 4 of Municipal Ordinances

ZONING CODE

TABLE OF CONTENTS

CHAPTER 4 THE ZONING CODE

ARTICLE 1 CODE OVERVIEW

4-1-1 TITLE ………………………………………………………………………………………………………… 1

4-1-2 PURPOSE…………………………………………………………………………………………………… 1

4-1-3 STATUTORY AUTHORITY …………………………………………………………………………… 1

4-1-4 JURISDICTION …………………………………………………………………………………………… 1

4-1-5 PUBLIC ACCESS TO THE ZONING CODE ……………………………………………………… 1

4-1-6 SUMMARY OF CODE ………………………………………………………………………………… 2

ARTICLE 2 TYPES OF USAGE FOR EACH ZONE

4-2-1 PURPOSE …………………………………………………………………………………………………… 4

4-2-2 PERMITTED USE DEFINED ………………………………………………………………………. 4

4-2-3 CONDITIONAL USE DEFINED ……………………………………………………………………… 4

4-2-4 SPECIAL USE DEFINED ………………………………………………………………………………. 4

ARTICLE 3 ZONES

4-3-1 SINGLE FAMILY, LOW DENSITY RESIDENTIAL (R-1) ……………………………………. 6

4-3-2 HIGH DENSITY RESIDENTIAL (R-2)……………………………………………………………… 10

4-3-3 MANUFACTURED HOUSING SUBDIVISION (MH-1) ……………………………………. 14

4-3-4 MANUFACTURED MOBILE HOME PARK (MH-2) ……………………………............. 17

4-3-5 PARKS, RECREATION AND OPEN SPACE DISTRICT (PRO) …………………………… 18

4-3-6 LIMITED RESIDENTIAL NEIGHBORHOOD RETAIL AND SERVICE (C-1) …………. 20

4-3-7 COMMUNITY COMMERCIAL AND RETAIL USE (C-2)…………………………………… 24

4-3-8 HEAVY COMMUNITY COMMERCIAL AND RETAIL USE (C-3) ………………………. 27

4-3-9 I-1/I-2 (INCLUDES BOTH LIGHT AND MEDIUM INDUSTRIAL USE) ………………. 30

4-3-10 HEAVY INDUSTRIAL (I-3) …………………………………………………………………………… 33

4-3-11 PLANNED DEVELOPMENT DISTRICT (PD)…………………………………………………… 35

ARTICLE 4 OVERLAY ZONES

4-4-1 PURPOSE …………………………………………………………………………………………………… 36

4-4-2 FLOOD OVERLAY ZONE……………………………………………………………………………… 36

4-4-3 SCHOOL OVERLAY ZONE …………………………………………………………………………… 37

4-4-4 CELL TOWER COMMUNICATIONS OVERLAY ZONE…………............................. 37

City of Rio Communities Chapter 4: Zoning Code

4-4-5 SOLAR COLLECTOR OVERLAY ZONE …………………………………………………………… 38

4-4-6 DRAINAGE OVERLAY ZONE………………………………………………………………………… 38

ARTICLE 5 REQUIREMENTS FOR ACCESSORY BUILDINGS

4-5-1 DEFINITION OF ACCESSORY BUILDING ……………………………………………………… 40

4-5-2 USE OF ACCESSORY BUILDING…………………………………………………………………… 40

4-5-3 ACCESSORY BUILDING ……………………………………………………………………………… 40

4-5-4 CARPORTS ………………………………………………………………………………………………… 41

4-5-5 WATER RUN-OFF (DRAINAGE)…………………………………………………………………… 41

ARTICLE 6 STANDARDS FOR DEVELOPMENT

4-6-1 GENERAL STANDARDS FOR DEVELOPMENT ……………………………………………… 42

4-6-2 ZONING STANDARDS ………………………………………………………………………………… 42

4-6-3 RESIDENTIAL ZONES, EXCEPTIONS AND PROVISIONS ………………………………… 43

4-6-4 COMMERCIAL AND LIGHT INDUSTRY, EXCEPTIONS AND PROVISIONS ………. 44

4-6-5 MOBILE HOME SUBDIVISIONS & PARKS, PROVISIONS & EXCEPTIONS ………. 45

4-6-6 DEVELOPMENT IN FLOOD PLAIN AREAS ……………………………………………………. 47

4-6-7 HEIGHT EXCEPTIONS …………………………………………………………………………………. 47

4-6-8 LANDSCAPING AND EROSION CONTROL …………………………………………………… 47

4-6-9 GRADING, DRAINAGE AND SITE PLANS……………………………………………………… 47

ARTICLE 7 PERMITS, HOME-BASED BUSINESS LICENSE, CERTIFICATES AND FEES

4-7-1 CERTIFICATE OF ZONING COMPLIANCE ……………………………………………………. 48

4-7-2 CONDITIONAL USE PERMIT ………………………………………………………………………. 48

4-7-3 VARIANCE USE PERMIT……………………………………………………………………………… 50

4-7-4 SPECIAL USE PERMIT ………………………………………………………………………………… 51

4-7-5 HOME-BASED BUSINESS LICENSE………………………………………………………………. 52

4-7-6 BUILDING PERMITS REVIEW ……………………………………………………………………… 53

4-7-7 FEE SCHEDULES (SEE APPENDIX B at the end of this “TABLE OF CONTENTS” 53

4-7-8 TRANSPORT AND PLACEMENT PERMIT FOR ACCESSORY BUILDINGS ………… 53

ARTICLE 8 ZONING CODE ENFORCEMENT

4-8-1 DUTY TO ENFORCE …………………………………………………………………………………… 54

4-8-2 ZONING CODE APPROVAL ………………………………………………………………………… 54

4-8-3 LEGAL DOCUMENTS FOR CODE ENFORCEMENT ………………………………………. 54

4-8-4 ZONING CODE VIOLATIONS AND PENALTIES ……………………………………………. 54

4-8-5 APPEALS TO ZONING CODE ………………………………………………………………………. 55

ARTICLE 9 PROVISIONS OF NON-CONFORMING USE

4-9-1 LEGAL NON-CONFORMING USE DEFINED …………………………………………………. 56

4-9-2 EXCEPTION ………………………………………………………………………………………………. 56

4-9-3 CONTINUANCE DEFINED ………………………………………………………………………… 56

City of Rio Communities Chapter 4: Zoning Code

iii

4-9-4 NON-CONFORMING USE – ENLARGEMENT AND RENOVATION ………………… 57

4-9-5 DISCONTINUANCE OF NON-CONFORMING USE ………………………………………. 57

4-9-6 CERTIFICATE REQUIRED FOR NON-CONFORMING USE ……………………………… 57

4-9-7 REVIEW AND RENEWAL OF NON-CONFORMING USE ………………………………… 57

4-9-8 TRANSFERAL OF NON-CONFORMING USE ………………………………………………… 57

ARTICLE 10 PARKING REQUIREMENTS

4-10-1 PURPOSE…………………………………………………………………………………………………… 58

4-10-2 PHYSICAL SPACE REQUIREMENTS ……………………………………………………………. 58

4-10-3 PARKING SPACE CRITERIA ………………………………………………………………………… 58

4-10-4 HANDICAPPED PARKING …………………………………………………………………………. 63

4-10-5 LOADING SPACE ………………………………………………………………………………………. 63

4-10-6 ENLARGEMENT OR CHANGE OF USE ………………………………………………………… 63

4-10-7 JOINT USE ………………………………………………………………………………………………… 63

4-10-8 PARKING SPACE SIZE ………………………………………………………………………………… 63

4-10-9 PARKING PLAN APPROVAL………………………………………………………………………… 64

4-10-10 PARKING CONSTRUCTION STANDARDS ……………………………………………………. 64

ARTICLE 11 STANDARDS FOR LANDSCAPING

4-11-1 PURPOSE …………………………………………………………………………………………………… 65

4-11-2 LANDSCAPE STANDARDS…………………………………………………………………………… 65

4-11-3 LANDSCAPE LOCATION STANDARDS …………………………………………………………. 65

4-11-4 LANDSCAPE REQUIREMENTS ……………………………………………………………………. 66

4-11-5 LANDSCAPE PLAN……………………………………………………………………………………… 66

4-11-6 MAINTENANCE AND IRRIGATION ……………………………………………………………… 66

4-11-7 SCREENING ………………………………………………………………………………………………. 66

4-11-8 CLEAR LINE OF SIGHT TRIANGLE………………………………………………………………… 67

ARTICLE 12 OUTDOOR LIGHTING

4-12-1 PURPOSE …………………………………………………………………………………………………… 68

4-12-2 AUTHORITY ……………………………………………………………………………………………… 68

4-12-3 OUTDOOR (EXTERIOR) LIGHTING DEFINED ……………………………………………… 68

4-12-4 CONFORMANCE………………………………………………………………………………………… 69

4-12-5 EXEMPTIONS ……………………………………………………………………………………………. 69

4-12-6 VARIANCE…………………………………………………………………………………………………. 70

4-12-7 GENERAL REQUIREMENTS ………………………………………………………………………… 70

4-12-8 LEGAL BASIS ……………………………………………………………………………………………… 71

4-12-9 PROTECT THE NIGHT SKY (DARK SKY) ………………………………………………………. 71

ARTICLE 13 SIGNS, FENCES AND WALLS

4-13-1 PURPOSE…………………………………………………………………………………………………… 74

4-13-2 GENERAL REGULATIONS FOR SIGNS …………………………………………………………. 74

4-13-3 SIGN PERMIT……………………………………………………………………………………………… 74

City of Rio Communities Chapter 4: Zoning Code

4-13-4 SIGN SAFETY……………………………………………………………………………………………… 75

4-13-5 SIGN ILLUMINATION and ANIMATION ……………………………………………………… 75

4-13-6 LIMITATIONS ON ELECTRIC MESSAGE SIGNS ……………………………………………. 75

4-13-7 SIGN REGULATIONS BY TYPE……………………………………………………………………… 76

4-13-8 NONCONFORMING SIGNS ………………………………………………………………………… 78

4-13-9 SIGN EXCEPTIONS ……………………………………………………………………………………. 79

4-13-10 POLITICAL SIGNS ………………………………………………………………………………………. 79

4-13-11 WALL AND FENCE STANDARDS ………………………………………………………………… 80

ARTICLE 14 ANNEXATION

4-14-1 ANNEXATION METHODS …………………………………………………………………………… 83

4-14-2 ANNEXATION PROCEDURES ……………………………………………………………………… 84

4-14-3 PLANNING AND ZONING COMMISSION RECOMMENDATIONS …………………. 84

4-14-4 CITY COUNCIL DECISION …………………………………………………………………………… 85

4-14-5 NOTIFICATIONS ………………………………………………………………………………………… 85

4-14-6 RESUBMISSION OF ANNEXATION APPLICATIONS ……………………………………… 85

4-14-7 PROTEST PETITIONS …………………………………………………………………………………. 85

4-14-8 APPROVAL CRITERIA ………………………………………………………………………………… 86

4-14-9 ADDITIONAL APPLICATION REQUIREMENTS……………………………………………… 86

4-14-10 ANNEXATION AGREEMENTS……………………………………………………………………… 87

ARTICLE 15 AMENDMENTS TO ZONING CODE AND MAPS

4-15-1 MAP INTERPRETATION ……………………………………………………………………………… 89

4-15-2 ZONING AND MAP AMENDMENTS …………………………………………………………… 90

4-15-3 PROTESTS AND APPEALS TO AMENDMENTS……………………………………………… 91

ARTICLE 16 CELL TOWER/ANTENNA REGULATIONS

4-16-1 PURPOSE…………………………………………………………………………………………………… 92

4-16-2 AUTHORITY ……………………………………………………………………………………………… 92

4-16-3 EXEMPTIONS ……………………………………………………………………………………………. 93

4-16-4 PERMITS AND APPLICATION ……………………………………………………………………… 93

4-16-5 LOCATION/CO-LOCATION ………………………………………………………………………… 93

4-16-6 DIMENSIONAL REQUIREMENTS ………………………………………………………………… 94

4-16-7 SETBACKS …………………………………………………………………………………………………. 94

4-16-8 LIGHTING, SIGNAGE, SECURITY, ACCESS AND EQUIPMENT SHELTERS ………. 95

4-16-9 MAINTENANCE, MONITORING AND HAZARDOUS WASTE ………………………… 95

4-16-10 ABANDONED, DISCONTINUED OR REMOVAL …………………………………………… 96

4-16-11 APPEALS …………………………………………………………………………………………………… 97

4-16-12 SMALL CELL TOWERS (SEE SEPARATE ORDINANCE TITLED

(“SMALL CELL TOWER”)……………………………………………………………………………… 97

ARTICLE 17 SOLAR AND WIND TURBINES

4-17-1 PURPOSE…………………………………………………………………………………………………… 98

City of Rio Communities Chapter 4: Zoning Code

4-17-2 DESIGN STANDARDS …………………………………………………………………………………. 98

4-17-3 RESTRICTIONS …………………………………………………………………………………………… 99

4-17-4 COMPLIANCE ……………………………………………………………………………………………. 99

4-17-5 ENVIRONMENTAL IMPACT………………………………………………………………………… 99

4-17-6 SOLAR ENERGY COLLECTION SYSTEMS ……………………………………………………… 99

4-17-7 WIND TURBINE ENERGY COLLECTION SYSTEMS…………………………………………101

ARTICLE 18 PLANNING, ZONING LAND USE COMMISSION MEETINGS AND HEARINGS

4-18-1 PUBLIC MEETINGS AND HEARINGS ………………………………………………………….103

4-18-2 BUSINESS OF THE COMMISSION ………………………………………………………………103

4-18-3 CHANGE OF ZONING OR MAPS………………………………………………………………… 104

4-18-4 COMMISSION ZONING RECOMMENDATIONS…………………………………………. 104

4-18-5 CITY COUNCIL MEETINGS AND DECISIONS ………………………………………………104

4-18-6 APPEALS TO COMMISSION OR CITY COUNCIL…………………………………………… 104

4-18-7 APPEAL SUBMISSION AND DECISION…………………………………………………………105

4-18-8 PETITION TO THE DISTRICT COURT…………………………………………………………… 106

4-18-9 HEARING POSTING……………………………………………………………………………………. 106

4-18-10 NOTIFICATION OF ADJOINING PROPERTY OWNERS……………………………………106

APPENDIX A: ZONING CODE DEFINITIONS

APPENDIX B: LIST OF SCHEDULED FEES (Contact Municipal Clerk’s Office for current fee

schedule or visit the city website at www.riocommunities.net)

APPENDIX C: LIST OF CITY FORMS (Contact the Municipal Clerk’s Office for the list of city

forms or visit the city website at www.riocommunities.net )

APPENDIX D: LINE OF SIGHT DIAGRAMS (PLACEHOLDER)

City of Rio Communities Chapter 4: Zoning Code

City of Rio Communities, New Mexico

CHAPTER 4 THE ZONING CODE

ARTICLE 1 CODE OVERVIEW

4-1-1 TITLE

4-1-2 PURPOSE

4-1-3 STATUTORY AUTHORITY

4-1-4 JURISDICTION

4-1-5 PUBLIC ACCESS TO THE ZONING CODE

4-1-6 SUMMARY OF CODE

4-1-1 TITLE

This CODE, including all official maps, plats and charts, descriptive and explanatory

matter shall be known as the "Zoning Code" of the City of Rio Communities.

4-1-2 PURPOSE

It is the intent and purpose of this Zoning Code to encourage the most appropriate use

of land throughout the City of Rio Communities’ jurisdiction by establishing conditions

that stimulate a climate for balanced and harmonious development that best

preserves the general health, welfare, safety and order and promotes prosperity that

is efficient and economically viable to all residents. See NMSA 1978, § 3-21-16.

Preservation of the character of current and future planned neighborhoods is also a

goal of this ordinance.

4-1-3 STATUTORY AUTHORITY

Authority is granted for the creation, adopted and implementation of this Zoning

Code pursuant to New Mexico Statues, Articles 3-21-1 through 3-21-26 as amended

and shall be applicable to all lands and property within the corporate limits of the City

of Rio Communities, New Mexico, hereafter referred to as “the City.”

4-1-4 JURISDICTION

This Zoning Code has jurisdictional authority within the City boundaries and

concurrent authority for all or any portion of territory within its extraterritorial zoning

jurisdiction pursuant to NMSA § 3-12-2(B)(C)(D).

4-1-5 PUBLIC ACCESS TO THE ZONING CODE

The Zoning Code for the City of Rio Communities shall be filed with the City Clerk and

shall be made available for public inspection and review by any person. Copies of the

Zoning Code can be purchase upon request or accessed through the City’s website at

riocommunities.net.

City of Rio Communities Chapter 4: Zoning Code

4-1-6 SUMMARY

In accordance with Chapter 3, Article 21, Articles 1 -26 of New Mexico State Statues

(NMSA 1978, §3-21-1 to -26), the following Zoning Codes set forth policies and

regulations for land use within the incorporated areas of the City of Rio Communities,

New Mexico.

A. To preserve the character, stability, orderly growth and development and the

general welfare for all residents within the City of Rio Communities, all property

located within the legal boundaries of the City shall be divided into zoned districts

in accordance with their construction, fitness, nature, and intended use. Pursuant

to NMSA 1978, §3-21-1, this Zoning Code may regulate and restrict within its

jurisdiction the:

1. Height, number of stories and size of buildings and other structures;

2. Percentage of a lot that may be occupied;

3. Size of yards, courts and other open space;

4. Density of population; and

5. Location and use of buildings, structures and land for trade, industry,

residence or other purposes.

B. Specifically, these general zoning districts are:

1. Residential (R-1 & R-2)

2. Manufactured Housing Subdivision (MH-1)

3. Manufactured Mobile Home Park (MH-2)

4. Commercial (C-1, C-2 & C-3)

5. Industrial (I-1/I-2 & I-3)

C. Appropriately, this Zoning Code shall describe in detail the standards for

permitted, conditional or special land use accorded within each of these districts,

as well as variances, enforcement, and administrative processes for permits,

appeals and forums for public hearings, complaints and suggestions.

D. Ultimately, in accordance with NMSA 1978, § 3-21-5, this Zoning Code shall strive

to:

1. Prevent congestion in streets and other rights-of-way;

City of Rio Communities Chapter 4: Zoning Code

2. Secure the public safety from fire, panic and other dangers;

3. Promote health and general welfare;

4. Assure adequate light and air for all properties;

5. Prevent the overcrowding of land and undue concentration of population;

6. Facilitate adequate provisions for transportation, water, sewer, schools, parks,

and other public facilities and reduce the effect of natural hazards;

7. Control and abate the unlawful use of structures, buildings, or land;

8. Encourage the conservation of energy in the use of structures, buildings, and

land in the City;

9. Provide a permanent public record of all proceedings and actions concerning

the Code and its enforcement.

E. Questions concerning placement of property borders are the responsibility of the

parcel owners.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 2 TYPES OF USES FOR EACH ZONE

4-2-1 PURPOSE

4-2-2 PERMITTED USE DEFINED

4-2-3 CONDITIONAL U SE DEFINED

4-2-4 SPECIAL USE DEFINED

4-2-1 PURPOSE

This Article describes the intended purpose, permitted, conditional or special uses for

residential, modular, manufactured, and mobile homes, commercial, light/medium

industrial, heavy industrial, recreational parks or overlay zone districts in the City.

4-2-2 PERMITTED USE DEFINED

A permitted use is the use of land within a defined zoned district that is specific and

allowable by right within a zoning district, except as otherwise restricted in this code.

4-2-3 CONDITIONAL USE DEFINED

A conditional use is the use of land within a defined zoned district that is provisional

when compatible to the conditions of the land and that specific zoning district.

Conditions may include the addition of landscaping, walls, parking areas, fire

protection mechanisms or other requirements to avoid noise, vibration, odor, improve

safety and health hazards. Applicants are required to meet the approved conditions.

Failure to do so will result in enforcement action and the possible revocation of the

approval.

A. Conditional use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in 4-

18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-2 for specific conditions and

provisions related to Conditional Use. The Commission shall determine if a

conditional use is compatible or necessary to the general welfare, safety, health or

convenience to residents residing in that zone district. The City may impose

standards for the development of a conditional use that will not adversely affect

the public or surrounding property owners. Compliance with the Comprehensive

Plan may also be considered.

4-2-4 SPECIAL USE DEFINED

A special use is the use of land within a defined zoned district, where the proposed

use of that land is of an unusual or unique character that may be unforeseen,

offensive, or incompatible with that defined zoned district.

A. Special uses requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in 4-

City of Rio Communities Chapter 4: Zoning Code

18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. The Commission shall determine if a special use is

compatible and necessary to the general welfare, safety, health, or convenience to

residents residing with that zone district. The City may impose standards for the

development of a special use to ensure the special use will not adversely affect the

public or surrounding property owners. Compliance with the Comprehensive Plan

may also be considered.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 3 ZONES

4-3-1 SINGLE FAMILY, LOW DENSITY RESIDENTIAL (R-1)

4-3-2 HIGH DENSITY RESIDENTIAL (R-2)

4-3-3 MANUFACTURED HOUSING SUBDIVISION (MH-1)

4-3-4 MANUFACTURED MOBILE HOME PARK (MH-2)

4-3-5 PARKS, RECREATION AND OPEN SPACE DISTRICT (PRO)

4-3-6 LIMITED RESIDENTIAL NEIGHBORHOOD RETAIL AND SERVICE (C-1)

4-3-7 COMMUNITY COMMERCIAL AND RETAIL USE (C-2)

4-3-8 HEAVY COMMUNITY COMMERCIAL AND RETAIL USE (C-3)

4-3-9 LIGHT/MEDIUM INDUSTRIAL USE (I-1/I-2)

4-3-10 HEAVY INDUSTRIAL (I-3)

4-3-11 PLANNED DEVELOPMENT DISTRICT (PD)

4-3-1 SINGLE FAMILY, LOW DENSITY RESIDENTIAL (R-1)

A. Purpose

The R-1 Zone is intended to accommodate detached single-family dwelling units

on parcels of less than 5 acres and small multi-family housing consisting of no

more than 4 units that would maintain and protect a low to medium density

residential character of development.

1. Accessory uses that are incidental to and customarily found with the R-1

District are also permitted.

2. Public sewer and water systems must be installed, when available.

3. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of Sewage Treatment must be obtained,

if not connected to Public Sewage and Water.

4. Single section mobile manufactured housing is not permitted in the R-1 zone.

NMSA 1978, § 3-21A-4.

B. R-1 Development Standards

Before the issuance of a building permit, evidence of compliance with Chapter 4

through 6 shall be provided to the Planning and Zoning Commission for review and

approval. Any open space or park development mitigation shall be consistent with

Chapter 6 and the City’s Comprehensive Plan.

1. All detached single-family dwelling units to include multi-sectional

manufactured and modular constructed units shall meet the applicable

minimum construction standards as established in Title 14 (Housing and

Construction) of the New Mexico Administrative Code (NMAC).

City of Rio Communities Chapter 4: Zoning Code

2. Though multi-sectional and modular homes are permitted in an R-1 residential

zone, such homes shall be compatible with the character and aesthetic

standards of the surrounding neighborhood. NMSA 1978, § 3-21A-3. The

minimum charter and aesthetic standards shall be:

a. The skirting wall shall match the exterior color of the home; and

b. The exterior siding materials are to be either hardboard, vinyl, composite,

stone/brick, metal, or stucco;

c. Concrete or masonry steps are to be provided for the entry on the street

side of the home;

d. The roofing style and materials may be flat roof (Pueblo style), metal rib

roof or a shingle or tile roof. All roofs other than a flat roof shall have a

minimum pitch of 3:12. All pitched roofs other than a roof behind a parapet

shall have a minimum six (6) inch eave on all sides of the home.

C. R-1 Permitted Use examples include, but not limited to the following:

1. ACCESSORY BUILDING is subject to provisions of Article 5 of this Code.

2. CONSTRUCTION, LAYDOWN YARD OR STRUCTURE (TEMPORARY)

a. Such yard or structure shall be removed upon the completion of construction or within

three (3) years from date of permit, or whichever is sooner.

b. Construction yards and structures shall be maintained in a neat and orderly fashion

and open yards shall be enclosed by a fence five (5) feet in height.

c. There shall be no fence or wall more than three feet (3) in total height above any

street-curb located within twenty-five feet (25) of a street intersection.

3. GARAGE OR YARD SALE OR SIMILAR USE

a. Four (4) garage or yard sales are permitted in a one (1) year period at a single

address and each sale shall not exceed three (3) consecutive days.

4. GREENHOUSE (NON-COMMERCIAL), GARDEN OR TOOL SHEDS

a. When detached from the main dwelling, each structure is subject to the

provisions of Article 5 of the Accessory Building Code.

5. GROUP HOMES subject to requirements of NMSA 1978, § 3-21-1(C) as amended.

6. HOME OCCUPATION is subject to the provisions of Section 4-3-1(E).

7. PLAYGROUNDS, BALLFIELDS, AND COURTS AS SPACE PERMITS

8. HOBBY KENNEL (PRIVATE RESIDENTIAL)

a. A residential hobby kennel must be compatible with the uses of property in

the surrounding area that would not create a burdensome annoyance to

City of Rio Communities Chapter 4: Zoning Code

those in the vicinity and would not cause a significant risk to health.

b. The kennel and surrounding land area must be regularly cleaned in a manner

that produces no odor to neighbors and is consistent with all setbacks.

9. STORAGE (RECREATIONAL VEHICLES)

a. Storage of personal recreational vehicles, boats, trailers, or similar uses shall be

limited to a maximum of one (1) per dwelling unit in the side yard with no

limit in the rear yard when separated by at least seven and one-half (7 1/2)

feet from the property line.

b. Storage of personal recreation vehicles, boats, trailers, or similar uses in

the front yard setback of property shall not exceed ten (10) consecutive

days in any year or collectively, more than ten (10) days in any year.

c. Total “open space” requirements shall be honored for the lot. See Article 6.

10. SWIMMING POOL (PRIVATE)

a. Permitted only when a protective barrier or fence five (5) feet in height is

provided around the yard, lot or pool area. Uniform Swimming Pool, Spa and

Hot Tub Code 17.46.050.

b. The pool shall be no closer than five (5) feet from any property line and

approval from all utilities is required to insure safety.

11. TELEVISION AND RADIO TOWERS AND ALL OTHER FREE-STANDING TOWERS

(PUBLIC AND PRIVATE USE)

a. All towers and antennas erected for the reception of satellite or radio

signals shall be obtained from an approved manufacturer. Home-made

towers or antennas are prohibited.

b. Such towers and antennas for the reception of satellite or radio signals

shall be permitted and erected only in rear yards or securely mounted on

roof.

c. The manufacturer of any tower or antenna shall expressly specify that their

product will withstand maximum wind-gusts of 90 M.P.H.

d. All towers and antennas shall be constructed in accordance with the state

or local governing authority for the proposed site; shall comply with the

National Environmental Policy Act (NEPA); the National Historic

Preservation Act (NHPA); and shall require notification to the Federal

Aviation Administration (FAA); and Antenna Structure Registration (ASR)

with the FCC.

e. The height of any tower and antenna shall not exceed ten (10) feet above

the highest ridgeline of any structure within a 300-foot radius of the tower

or antenna (see section 4-16-3a for further information); and

f. The roofing style and materials can be flat roof (Pueblo style), metal rib

roof or a shingle or tile roof. All roofs other than the flat roof shall have a

minimum pitch of 3:12 and all pitched roofs other than a roof behind a

City of Rio Communities Chapter 4: Zoning Code

parapet shall have a minimum six (6) inch eave on all sides of the home.

12. EXTERIOR LIGHTING (PRIVATE OR RESIDENTIAL USE)

Any exterior lighting shall not project onto neighbor’s property.

D. R-1 Conditional Use

R-1 conditional use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-2 for specific

conditions and provisions related to Conditional Use. Examples of Conditional Use

are:

1. MULTI-FAMILY HOUSING DUPLEX, TRIPLEX CONDOMINIUMS OR CLUSTER

HOMES (4 UNITS OF LESS)

a. Off street paved parking shall be provided at the rate of 2 spaces per living

unit.

b. Solid screening (minimum 4 feet high) shall be installed on all sides of

property that border other neighbors or property or street.

c. Line of Sight Rules shall be maintained. See Article 4-11-8.

d. A multifamily dwelling shall not be constructed on a lot that is less than 1/2

(.5) acre or 21,780 Square Feet in area.

e. A duplex unit shall only be constructed on a lot that is at least 1/2 (.5) acre.

f. A quadraplex (4 units) shall only be constructed on a lot that is at least .9 of

an acre (39,204 SF) or greater.

g. Second kitchens within the dwelling unit, but remains as single family use.

h. Health care as an occupation with adequate parking available.

i. Family day care for 3-6 children on a daily basis.

j. Walls or fences of over 3 feet tall in front yard.

k. Non-profit park - swimming pool, tennis court and recreational equipment.

l. Temporary festival.

m. School.

E. R-1 Special Use

R-1 special use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Uses. Examples of Special Use are:

a. HAIR SALONS (Barber and Beauty Shops)

b. BED AND BREAKFAST INN

c. CHILD CARE CENTER (six or more children)

d. COMMUNITY BUILDING

City of Rio Communities Chapter 4: Zoning Code

e. CONVENIENCE STORE (three thousand (3,000) square feet (SF) or less

f. GROCERY STORE (three thousand (3,000) square feet (SF) or less

g. SCHOOLS (Public, Private, University, Junior College or Parochial)

4-3-2 HIGH DENSITY RESIDENTIAL (R-2)

A. R-2 Purpose

The R-2 Zone District is intended to accommodate multiple family dwelling units

and accessory structures and uses that maintain and protect high density

residential development characteristic of apartments, patio homes, cluster homes,

condominiums, and similar housing. This zone also permits one- and two-family

homes.

1. Trade services and other uses characteristic of a neighborhood are permitted

only as a special use.

2. Single family dwellings to include multi-sectional manufactured and modular

homes shall comply with Sections 4-3-1(B)(1) and 4-3-1(2) of this Code.

3. Single section mobile manufactured housing is not permitted in the R-2 zone.

NMSA 1978, § 3-21A-4.

4. All high-density residential homes in the R-2 district shall comply with the 2009

New Mexico Residential Building Code, 14.7.3 NMAC.

5. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of Sewage Treatment must be obtained,

if not connected to public sewage and water.

B. R-2 Development Standards

Before the issuance of a building permit, evidence of compliance with Articles 4

through 6 shall be provided to the Planning and Zoning Commission for review and

approval. Any open space or park development mitigation shall be consistent with

Chapter 6 and the City’s Comprehensive Plan. Follow standards found in 4-3-1-B.

C. R-2 Permitted Use examples include, but not limited to the following:

ACCESSORY BUILDING is subject to provisions of Article 5.

1. APARTMENTS

2. BED AND BREAKFAST INN

3. BOARDING HOUSE

4. CHURCH (occupancy of ten (10) or more)

City of Rio Communities Chapter 4: Zoning Code

5. CLUSTER HOMES (maximum of sixteen (16) units)

6. CONDOMINIUMS (Residential or Professional, maximum of sixteen (16) units)

7. CHILD CARE CENTER, NURSERY OR SIMILAR USE

a. Play areas shall be in accordance with state licensing requirements and

enclosed with a solid wall or fence five (5) feet in height.

b. There shall be no solid fence or wall more than three (3) feet above street-

curb level located within twenty-five (25) feet of a street intersection.

8. CONSTRUCTION, LAYDOWN YARD OR STRUCTURE (TEMPORARY).

a. Such yard or structure shall be removed upon the completion of

construction or within one (1) year from date of permit, whichever is

sooner.

b. Construction yards and structures shall be maintained in a neat and orderly

fashion and open yards shall be enclosed by a fence five (5) feet in height.

c. There shall be no fence or wall more than three feet (3) in total height

above street-curb located within twenty-five feet (25) of a street

intersection.

9. DWELLINGS (Single or Multi-Family Units, Apartments, Patio Homes or

Condominiums)

10. GARAGE OR YARD SALE OR SIMILAR USE

a. Four (4) garage or yard sales are permitted in a one (1) year period at a

single address.

b. A sale shall not exceed three (3) consecutive days.

11. GREENHOUSE (NON-COMMERCIAL), GARDEN OR TOOL SHED

a. When detached from the main dwelling, each structure is subject to the

provisions of Article 5 of the Accessory Buildings Code.

12. GROUP HOMES subject to requirements of NMSA 1978, § 3-21-1(C) as amended.

13. HOME OCCUPATION is subject to the provisions of Section 1-7-5.

14. HOBBY KENNEL (PRIVATE RESIDENTIAL)

a. A residential hobby kennel must be compatible with the uses of other

property in the surrounding area and shall not create a burdensome

annoyance to those in the vicinity or cause a risk to health.

b. The kennel and surrounding land area must be cleaned regularly in a

manner that produces no odor to neighbors and is consistent with all

setbacks.

City of Rio Communities Chapter 4: Zoning Code

15. PLAYGROUNDS, BALLFIELDS OR COURTS AS SPACE PERMITS

16. STORAGE (RECREATIONAL VEHICLES)

a. Storage of personal recreational vehicles, boats, trailers, or similar uses

shall be limited to a maximum of one (1) per dwelling unit in the side yard

with no limit in the rear yard when separated by at least five (5) feet from

the property line.

b. Storage of personal recreation vehicles, boats, trailers, or similar uses in

the front yard setback of property shall not exceed ten (10) consecutive

days in any year or collectively, more than ten (10) days in any year.

c. Total “open space” requirements shall be honored for the lot. See Article 6.

17. SWIMMING POOL (PRIVATE)

a. A private swimming is permitted only when a protective barrier or fence

five (5) feet in height is provided around the yard, lot, or pool area.

Uniform Swimming Pool, Spa and Hot Tub Code 17.46.050.

b. The pool shall be no closer than five (5) feet from any property line and

approval from all applicable utility companies is required to insure

overhead and underground safety.

18. TELEVISION, RADIO AND ALL OTHER FREE-STANDING TOWERS OR ANTENNAS

(PUBLIC AND PRIVATE USE)

a. All towers and antennas erected for the reception of satellite or radio

signals shall be obtained from an approved manufacturer. Home-made

towers or antennas are prohibited.

b. Such towers and antennas for the reception of satellite or radio signals

shall be permitted and erected only in rear yards or securely mounted on

roof.

c. The manufacturer of any tower or antenna shall expressly specify that their

product will withstand maximum wind-gusts of 90 M.P.H.

d. All towers and antennas shall be constructed to meet Uniform Building

Code and New Mexico Construction Industries Division standards.

e. The height of any towers and antennas shall not exceed ten (10) feet above

the highest ridgeline of any structure within a 300-foot radius of the tower

or antenna.

D. R-2 Conditional Use

R-2 conditional use requires a public hearing and approval of the City Council after

a recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-2 for specific conditions and

provisions related to Conditional Use. Examples of Conditional Use are:

1. PRIVATE CLUB OR LODGE

City of Rio Communities Chapter 4: Zoning Code

a. Permitted when used in conjunction with non-profit organizations such as

Lions Club, Elks or Moose Lodge, and the like, and when the development

meets the planning criteria of the Commission.

b. Building(s) shall not be located within one hundred (100) feet of an R-1

Zone.

c. Private clubhouses and game rooms are also permitted when used as part

of an apartment, condominium, or townhouse complex, provided such

development meets the planning criteria of the Commission, and provided

each building(s) shall not be located within fifty (50) feet of an R-1 Zone.

2. CONVENIENCE STORE (< 1,000 square feet) for use of facilities residents.

3. Day care center for over 6 children for less than 24 hours per day.

4. School.

5. Temporary festival.

6. Walls or fences of over 3 feet tall in front yard.

7. Non-profit park - swimming pool, tennis court and recreational equipment.

8. BARBER AND BEAUTY SHOPS

9. CONVENIENCE STORE (two thousand (2,000) square feet (SF) or less

E. R-2 Special Use

R-2 special use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in 4-

18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. Examples of Special Use are:

1. ATHLETIC CLUBS OR BATHHOUSES

2. BARBER AND BEAUTY SHOPS

3. CHURCH (Occupancy of 10 or more)

4. COMMUNITY BUILDING (Public or Private)

5. CONVENIENCE STORE (Three thousand (3,000) square feet (SF) or less)

6. GAS PUMPS (Accessory to a grocery or convenience store)

City of Rio Communities Chapter 4: Zoning Code

7. GOLF COURSE OR COUNTRY CLUB

8. GROCERY STORE (Three thousand (3,000) square feet (SF) or less)

9. HALFWAY HOUSE OR QUASI-INSTITUTIONAL HOUSE

10. HOSPITAL OR OVERNIGHT CLINIC

11. NURSING HOME, CONVALESCENT CENTER, REHABILITATION OR RETIREMENT

HOME

12. PROFESSIONAL OFFICES

13. PROFESSIONAL OFFICES (that provide health services such as medical,

chiropractic or dental and certain professional offices that have a low traffic

volume such as attorneys or accountants, provided such offices maintain the

residential character of the neighborhood and zoning where they are located)

14. SCHOOL (Public, Private, or Parochial)

15. SWIMMING POOL (Public, Commercial or Private)

4-3-3 MANUFACTURED HOUSING SUBDIVISIONS (MH-1)

A. Authority is granted pursuant to NMSA 1978, Section 3-21A-4 as amended that reads in

part: “[a] zoning agency... may regulate the occupancy or location of dwelling units in such

a way as to affect the reasonable regulation of mobile homes (manufactured housing

units produced prior to 1976). Such regulation may exclude mobile homes from

residential-use districts and restrict them to mobile home parks or mobile home

subdivisions. The lot the unit is placed on is individually owned and not part of the park

complex.

B. MH-1 Purpose

1. The MH-1 Zone is intended to accommodate detached single-family

manufactured dwelling units on parcels of less than five (5) acres that would

protect a low to medium density residential character of development.

2. No other type of dwelling, except as stated above in 4-3-3(A)(1), is permitted in

the MH-1 Zone.

3. Accessory uses that are incidental to and customarily found with the MH-1

Zone are also permitted.

City of Rio Communities Chapter 4: Zoning Code

4. Public sewer and water systems must be installed, when available.

5. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

6. A Manufactured Home though technically “mobile” shall be securely moored

upon a solid foundation or until such time, the home is moved.

C. MH-1 Development Standards

1. Before the issuance of a building permit, evidence of compliance with Article 6

of this Code shall be provided to the Planning and Zoning Commission for

review and approval.

2. Any open space or park development mitigation shall be consistent with Article

6 and the City’s Comprehensive Plan.

D. MH-1 Permitted Use examples include, but not limited to the following:

1. ACCESSORY BUILDINGS are subject to provisions of Article 5 of this Code.

2. CHURCH (Occupancy of 10 or more)

3. DWELLINGS (Single -family units)

4. GARAGE OR YARD SALE OR SIMILAR USE

a. Four (4) separate garage or yard sales are permitted in a one (1) year period

at a single address.

b. A garage or yard sale shall not exceed three (3) consecutive days.

5. GREENHOUSE (NON-COMMERCIAL), GARDEN OR TOOL SHED

a. When detached from the main dwelling the structure is subject to the

provisions of Accessory Buildings in Article 5 of this code.

6. GROUP HOMES subject to requirements of NMSA 1978, § 3-21-1(C) as amended.

7. HOME OCCUPATIONS are subject to the provisions of Article 4-7-5 of this Code.

8. MANUFACTURED HOMES are subject to the provisions of Article 3.

9. HOBBY KENNEL (PRIVATE RESIDENTIAL)

a. A residential hobby kennel must be compatible with the uses of property in

the surrounding area that would not create a burdensome annoyance to

those in the vicinity and would not cause a significant risk to health.

City of Rio Communities Chapter 4: Zoning Code

b. The kennel and surrounding land area must be regularly cleaned in a

manner that produces no odor to neighbors and is consistent with all

setbacks.

10. PLAYGROUNDS, BALLFIELDS OR TENNIS AND BASKETBALL COURTS AS SPACE

PERMITS

11. STORAGE (RECREATIONAL VEHICLES)

a. Storage of personal recreational vehicles, boats, trailers, or similar uses

shall be limited to a maximum of one (1) per dwelling unit in the side yard

with no limit in the rear yard when separated by at least five (5) feet from

the property line.

b. Storage of personal recreation vehicles, boats, trailers, or similar uses in

the front yard setback of property shall not exceed ten (10) consecutive

days in any year or collectively, more than ten (10) days in any year.

c. Total “open space” requirements shall be honored for the lot. See Article 6.

12. SWIMMING POOL (PRIVATE)

a. Permitted only when a protective barrier or fence five (5) feet in height is

provided around the yard, lot, or pool area. Uniform Swimming Pool, Spa

and Hot Tub Code 17.46.050.

b. The pool shall be no closer than five (5) feet from any property line and

approval from all utilities is required to insure overhead and underground

safety.

13. TELEVISION, RADIO TOWERS AND ALL OTHER FREE-STANDING TOWERS

(PUBLIC AND PRIVATE USE)

a. All towers and antennas erected for the reception of satellite or radio

signals shall be obtained from an approved manufacturer. Home-made

towers or antennas are prohibited.

b. Such towers and antennas for the reception of satellite or radio signals

shall be permitted and erected only in rear yards or securely mounted on

roof.

c. The manufacturer of any tower or antenna shall expressly specify that their

product will withstand maximum wind-gusts of 90 M.P.H.

d. All towers and antennas shall be constructed to meet Uniform Building

Code and New Mexico Consolidates Industries Division standards.

e. The height of any towers and antennas shall not exceed ten (10) feet above

the highest ridgeline of any structure within a 300-foot radius of the tower

or antenna.

14. TENNIS COURTS (PRIVATE FOR RESIDENTIAL USE)

1. Any exterior lighting shall not project onto neighbor’s property.

City of Rio Communities Chapter 4: Zoning Code

E. MH-1 Manufactured Housing Special Uses

MH-1 zone special use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-4 for specific

conditions and provisions related to Special Use. Examples of Special Use are:

1. BARBER AND BEAUTY SHOPS

a. A business permit shall be required. See Article 7 for specific

requirements and procedures for granting of a business license.

2. CHILD CARE CENTER, NURSERY OR SIMILAR USE

a. Play areas shall be in accordance with state licensing requirements and

enclosed with a solid wall or fence five (5) feet in height.

b. There shall be no solid fence or wall more than three (3) feet above street-

curb level located within twenty-five (25) feet of a street intersection.

3. CONVENIENCE STORE

1. Total square-footage shall not exceed three thousand (3,000) square feet.

2. A business permit shall be required. See Article 7 for specific requirements

and procedures for granting of a business license.

4. SCHOOLS. (PUBLIC, PRIVATE, PAROCHIAL UNIVERSITY OR JUNIOR COLLEGE)

4-3-4 MANUFACTURED MOBILE HOME PARK (MH-2)

A. Authority is granted pursuant to NMSA 1978, Section 3-21A-4 as amended that

reads in part: “[a] zoning agency may regulate the occupancy or location of

dwelling units in such a way as to effect the reasonable regulation of mobile

homes. Such regulation may exclude mobile homes from residential-use districts

and restrict them to mobile home parks or mobile home subdivisions. The land on

which the housing unit is placed isn’t individually owned but is part of the park as a

whole.

B. MH-2 Purpose

1. The MH-2 Zone is intended to accommodate single or double wide

manufactured mobile housing (to include “Park Model” mobile homes, “Travel

Trailers” or “Recreational Vehicles”) in a park setting. These parks carry a

moderate to high density area.

2. All proposed park designs shall be submitted for review and approval by the

Planning and Zoning Commission.

City of Rio Communities Chapter 4: Zoning Code

3. All dwellings shall be connected, either temporarily or permanent to Public

sewer and water supplies, when available.

4. Should sewer and water not be available, the park must have a water system

approved by the State of New Mexico Engineering Department and a sewage

system approved by the New Mexico Environmental Department.

5. If temporary hookups are not required, the park shall have appropriate

dumping/filling stations available within the park.

6. Habitation within any single wide manufactured mobile home to include a

“Park Model” mobile home, “Travel Trailer” or “Recreational Vehicle” outside a

designated MH-2 park is prohibited except for an emergency; in which case,

habitation shall not exceed (10) ten consecutive days in any (1) one year

period.

C. MH-2 Development Standards

1. Before the issuance of a building permit for a park, evidence of compliance

with Articles 4 through 6 shall be provided to the Planning and Zoning

Commission for review and approval.

2. Any open space or park development mitigation shall be consistent with Article

5 and the City’s Comprehensive Plan.

D. MH-2 Permitted Use

1. Single-family manufactured (mobile) homes, park models, travel trailers and

recreational vehicles shall meet the specific standards as outlined in Article 4-

6-5.

2. All manufactured mobile homes shall comply with New Mexico’s

Administrative Code for Housing and Construction of Manufactured Housing,

14.12.1 NMAC as amended.

3. Accessory structures are permitted as allowed in the R-1 zone; however, no

accessory structure shall contain more square footage than the primary

dwelling unit or rules of the park, whichever is more restrictive.

4-3-5 PARKS, RECREATION AND OPEN SPACE DISTRICT (PRO)

A. PRO Intent

1. The intent of the Parks, Recreation and Open Space District is to accommodate

the immediate and foreseeable demand for public parks, recreation venues and

City of Rio Communities Chapter 4: Zoning Code

open spaces in designated areas inside or outside suburban growth areas that

shall serve local and regional resident's needs.

2. The size, character, and intensity of development of parks, recreation areas or

open spaces shall be commensurate with the capability of land and water areas

that support the intended use and shall not result in any unusual service

demands.

B. PRO Setbacks and Lot Size Requirements

1. Minimum lot size for this district shall be 1 acre, except that 50 acres shall be the

minimum parcel size for a golf course.

2. The minimum setback shall be thirty (30) feet for all uses.

C. PRO Permissive Use examples include, but not limited to the following:

1. PARK OR RECREATION AREA (publicly or privately owned, operated, and

maintained)

2. PUBLIC CAMPGROUND OR PICNIC SITE

3. HISTORICAL, ARCHAEOLOGICAL, OR GEOLOGICAL SITE

4. PUBLIC BICYCLE AND PEDESTRIAN PATHS (not within county or public rights-of-

way)

5. TRAILS SYSTEMS

6. PUBLIC PLAYGROUND OR PLAY FIELD (includes game court, ball diamond,

swimming pool and similar uses)

7. GOLF COURSE (excludes miniature golf)

8. DRIVING RANGE (in conjunction with a golf course)

9. TEMPORARY STRUCTURES as may be required during construction of an

authorized permanent structure.

a. The temporary structure shall be removed upon final inspection of the

permanent structure by a certified building inspector;

10. PUBLIC FACILITIES

11. DRAINAGE AND GREEN BELTS

City of Rio Communities Chapter 4: Zoning Code

D. Conditional Use

PRO zone conditional use requires a public hearing and approval of the City

Council after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-2 for specific

conditions and provisions related to Conditional Use. Examples of Conditional Use

are:

1. Conditional uses shall be permanent or renewable as outlined in this Code,

pending review and approval by the Planning & Zoning Commission.

2. Utility facilities are permitted (e.g., structures that house support equipment

for electric, gas, water, and sewer), except energy generation facilities.

E. Prohibited Use

Use of land and water not specified in this Section are prohibited.

4-3-6 LIMITED RESIDENTIAL NEIGHBORHOOD RETAIL AND SERVICE (C-1)

A. C-1 Purpose

1. The C-1 District is intended to accommodate limited retail and service

establishments as a convenience to nearby residential neighborhoods.

2. Commercial businesses in this zone shall be designed to be compatible and

consistent with the needs and character of the surrounding neighborhood in

which it is located.

3. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

B. C-1 Development Standards (Special Use Permit)

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

Before the issuance of a building permit, evidence of compliance with Articles 6

and 7 shall be provided to the Planning and Zoning Commission for review and

approval.

1. Commercial businesses that exceed three thousand (3,000) square feet (SF) of

gross floor area per business shall require a Special Use Permit.

2. A Special Use Permit shall be issued pending a public hearing and review and

approval by the Commission. Before issuing a special use permit the following

conditions are considered:

a. Size of business;

b. Nature of business;

c. Adequate space for parking;

City of Rio Communities Chapter 4: Zoning Code

d. Potential for traffic congestion;

e. Noise potential;

f. Other problems that could be detrimental to the character of the

surrounding neighborhood.

C. C-1 Permitted Use examples include, but not limited to the following:

1. The following uses are permitted by right to a C-1 District, provided the gross

floor area does not exceed three thousand (3,000) square feet (SF).

2. Uses exceeding three thousand (3,000) square feet (SF) may be considered for

approval by the City Council as a Special Use Permit pending a public hearing

and review and approval by the Commission in accordance with Chapter 7 of

this Code.

3. This list is by no means exhaustive; rather, it is intended to give a “flavor” of

the type uses intended for the C-1 Zone.

a. BAKERY, BUTCHER, MEAT OR SEAFOOD SHOP

b. BARBER, BEAUTY OR COSMETOLOGIST SHOP

c. BOOKSTORE OR STATIONARY SHOP

d. CATERING

e. CIGARETTE AND CIGAR SHOP

f. CLINICS (Dental, Medical or Chiropractic)

g. COMMUNITY CENTER (Public or Private)

h. CONVENIENCE STORE

i. FOOD SERVICE (e.g., Coffee, Snack, Delicatessen or Restaurant)

j. GENERAL BUSINESS OFFICE (e.g., Accounting, Advertising, or Professional

Service)

k. GENERAL SERVICE SHOPS (e.g., Arts and Craft; Art, Dance, Music, or similar

Lessons; Bicycle Sales and Service; Dress; Dry-cleaning; Firewood Sales;

Florist; Gift and Hobby; Small Appliance Repair; Knit and Yarn; Self-service

Laundry; Photography, Shoe Repair; Tailoring; Video and Music)

l. LIBRARY

m. NEWSPAPER (to include distribution)

n. POST OFFICE

o. PHARMACY

p. PRIVATE CLUB OR LODGE

q. REAL ESTATE

D. C-1 Conditional Use

C-1 zone conditional use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-2 for specific

City of Rio Communities Chapter 4: Zoning Code

conditions and provisions related to Conditional Use. Examples of Conditional Use

are:

1. CHILDCARE, NURSERY OR SIMILAR USE

a. Play area shall be in accordance with New Mexico State Licensing

requirements; enclosed by a solid wall or fence five (5) feet in height.

b. Adequate parking shall be provided in compliance with Article 10 of this

Code.

2. CONSTRUCTION “LAYDOWN” YARD OR STRUCTURE (TEMPORARY)

a. Such yard or structure shall be removed upon completion of construction

or within one (1) year from date of issued permit.

b. Construction yards shall be maintained in a neat, safe, and orderly manner

and shall be enclosed by a fence five (5) feet in height.

c. No fence or wall shall be more than three (3) feet in total height above

street curb level when located within twenty-five (25) feet of a street

intersection.

3. CHURCH

a. Only when located on an arterial or collector street designated on the City

street plan.

4. CHRISTMAS TREE SALES

a. Lots are temporary and not be established before November 15.

b. Lots shall be cleaned and all unsold trees removed by December 31.

5. FIREWORKS SALE (See City Ordinance 2014-13 for restrictions).

6. RETAIL SALES AND SPECIAL MERCHANDISE

a. Retail sales, except as otherwise stated, shall be limited to stores that

specialize in a particular type of merchandise such as clothing, records,

shoes, home appliances, or other similar convenience goods that serve

nearby residential neighborhoods.

7. SHOPPING CENTER LESS THAN TWO (2) ACRES

a. Pending review and approval by the Commission of the proposed site plan

and entire development.

8. STORAGE INCIDENTAL TO PRIMARY USE

a. Storage shall be permitted only for merchandise incidental (support) to the

primary use of the business.

b. Such storage shall be totally enclosed within the building of primary use

and at least ten percent (10%) of the gross floor area shall be used for retail

sales or service.

City of Rio Communities Chapter 4: Zoning Code

c. Open storage is prohibited.

d. All exterior storage requires issuance of a Special Use Permit.

9. SWIMMING POOLS: PUBLIC OR PRIVATE

a. Swimming pools are permitted only when a protective barrier five (5) feet

in height is provided around the pool, pool deck, and adjoining area.

Uniform Swimming Pool, Spa and Hot Tub Code 17.46.050.

b. Barrier here means a wall, fence, or any combination thereof to control

access to the pool, pool deck, adjoining areas, and the enclosure. See Rule

7-18-2(L) NMRA.

c. The pool shall be no closer than five (5) feet from any property line and

approval from all utilities is required to ensure overhead safety.

d. Pool setbacks shall be:

1) 20 feet from any front yard

2) 10 feet from any street side yard

3) 5 Feet from any interior side yard

4) 5 feet from any rear yard

5) 5 feet from any building

E. C-1 Special Use

C-1 zone special use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-4 for specific

conditions and provisions related to Special Use. Examples of Special Use are:

1. AUTO WASHING ESTABLISHMENT

2. GAS PUMPS (accessory to a grocery or convenience store)

3. ANY PERMITTED BUSINESS with a gross floor area exceeding three thousand

(3,000) square feet (SF).

4. HALFWAY HOUSE AND QUASI-INSTITUTIONAL USES

5. HOSPITAL AND OVERNIGHT CLINIC

6. PUBLIC, EDUCATIONAL, RELIGIOUS OR PHILANTHROPIC INSTITUTION

7. PACKAGE LIQUOR

8. SCHOOL (Public, Private, or Parochial)

9. SHOPPING CENTER (limited to a maximum of five (5) acres)

City of Rio Communities Chapter 4: Zoning Code

4-3-7 COMMUNITY COMMERCIAL AND RETAIL USE (C-2)

A. C-2 Purpose

1. The C-2 District is intended to accommodate certain commercial/retail uses

which serve both transient and local trade.

2. This district is intended for areas surrounding major arterial or collector streets

where a wide range of automotive related service facilities, convenience goods

and personal services are desirable and appropriate for this land use.

3. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

B. C-2 Development Standards (Special Use Permit)

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

Before the issuance of a building permit, evidence of compliance with Articles 6

and 7 shall be provided to the Planning and Zoning Commission for review and

approval.

C. C-2 Permitted Use examples include, but not limited to the following:

All Permitted Use in Zone C-1 are also Permitted Use in Zone C-2, except Child Care

Centers. Examples of C-2 Permitted use are:

• Animal Hospital & Clinic • Microwave Radio Relay Structure

• Apartments • Motion Picture Theater

• Automobile Parking Lot • Motorcycle Sales & Service

• Banks & Financial Institutions • Newspaper including distribution office

• Boat Storage, Sales & Service • Nursing, Convalescent or Retirement Home

• Building Contractor (office only) • Paint Sales

• Clothing & Apparel Shop • Parking Garage

• Columbarium (Urn storage) • Pet Shop or Grooming

• Convention or Exhibition Hall • Pharmacy

•Dance Hall or Music Academy • Photographic Studio

• Department Shop • Physician’s Office

• Electrical Shop & Electricians • Playground & Recreation

• Fast Food & Drive-ins • Pool & Billiard Room

• Frozen Food Locker • Printing & Publishing

• Funeral Home or Mortuary • Radio & Television Broadcasting Studio

• Furniture & Home Furnishing • Recycling Center

• Gas Stations • Retail Sales

• Glass Cutting & Finishing • Roofing & Sheet Metal Shop (office only)

City of Rio Communities Chapter 4: Zoning Code

• Gymnasium • Show & Sales Room for Business Products

• Hospital or Overnight Clinic • Skating Rink

• Hotel or Motel • Spa

• Home Appliance Sales & Service • Sporting Goods Store

• Home Appliance Repair • Steam Cleaning Establishment

• Insurance Services • Tailoring

• Institutions (Public/Quasi-Public) • Taverns & Cocktail Lounges

• Jewelry, Light Manufacturing • Telephone Exchange Station

• Jewelry Store • Telegraph & Messenger Service

• Laboratory (Medical, Dental, • Tire Sales & Service

Research or Engineering) • Title & Abstracting Services

• Law Office • Travel Agency

• Lessons (art, music, dance, etc.) • Upholstery Shop

• Liquor Store (Tavern/Package) • Variety Store

• Lumber & Construction • Warehouse & Storage

• Medical Center • Watch & Clock Sales & Service

D. C-2 Conditional Use

C-2 zone conditional use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-2 for specific

conditions and provisions related to Conditional Use. Examples of Conditional Use

are:

1. Amusement Park or Enterprise: Subject to any other provisions and

requirements of the Municipal Code. Temporary amusement enterprises are

prohibited within three hundred (300) feet of any residential zoning district.

Permanent amusement enterprises are prohibited within five hundred (500)

feet of any residential zoning district.

2. Automobile Washing Establishment: Subject to approval of site and related

plans provided for each stall.

3. Bank Drive-up Windows: Stacking lane(s) of length for maximum projected

traffic with a width of twelve (12) feet for each drive-up must be provided and

designed to ensure that no bank traffic backs onto the street giving access.

Banks must be located on a collector or arterial street as shown on the City

Street Plan.

4. Bowling Alley: Subject to approval of site and related plans. Bowling Alleys are

prohibited within three hundred (300) feet of any residential zoning district.

City of Rio Communities Chapter 4: Zoning Code

5. Child Care Center, Nursery or Similar Use: Play areas shall be in accord with

state licensing requirements and enclosure by a solid wall or fence five (5) feet

in height.

6. Christmas Tree Sale: Temporary use, not prior to November 15, provided lots

are cleaned and unsold trees removed by December 31.

7. Church: Only when located on an arterial or collector street as designed on the

City Street Plan.

8. Drive-In Theater: Subject to approval of site and related plans.

9. Fireworks Sale (See City Ordinance 2014-13 for restrictions).

10. Firewood Sales: No more than five (5) cords stored on site.

11. Furniture assembly (Accessory Use): Permitted only as an incidental or

accessory use to retail sales. Maximum floor area for assembly shall not

exceed three thousand (3,000) square feet, not exceed thirty percent (30%) of

the total gross floor area. Welding permitted only in conjunction with repair

and shall not be used for the purpose of heavy equipment assembly. Fire

Department approval is required for Welding.

12. Miniature Golf Course: Subject to approval of site and related plans. Not

permitted within one hundred (100) feet of any residential district.

13. Mini Storage Units: Units shall not be used for commercial sales of products,

merchandise, service or repair.

14. School, Public, Private or Trade: Sites shall be located on an arterial or

collector street as shown on the City Street Plan.

15. Shopping Center: Providing site, drainage and related plans for the entire

development approved.

16. Swimming Pools: Permitted only when a protective fence or barrier five (5)

feet in height is provided around the yard, lot or pool area. See Uniform

Swimming Pool, Spa and Hot Tub Code 17.46.050. Approval from all utilities is

required to ensure overhead safety.

17. Welding (Accessory Use): Welding shall be permitted only as an incidental or

accessory use necessary for the repair of vehicles or equipment permitted in

City of Rio Communities Chapter 4: Zoning Code

the C-2 zone. Welding uses shall be approved by the Fire Department and shall

be in accord with any other provisions of the Municipal Code.

E. C-2 Special Use

C-2 special use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. Examples of Special Use are:

1. Apartments (10 unit maximum) & Townhouses (R-2 Zone development

standards apply)

2. Temporary (Flea Markets) or Seasonal (Fireworks) Sales

4-3-8 HEAVY COMMUNITY COMMERCIAL AND RETAIL USE (C-3)

A. C-3 Purpose

1. The C-3 Zone shall provide for the development of commercial services

designed to serve community wide needs.

2. Accordingly, the C-3 heavy commercial district is intended for the conduct of

business activity that is located at the edge of residential areas but serves a

larger trade area than the immediately surrounding residential neighborhoods.

3. The C-3 heavy commercial district shall provide more intensive retail trade and

commercial services, such as the outside sales of vehicles, motorcycles, boats,

recreational vehicles or heavy and light machinery.

4. Such areas shall provide for uses that, because of size, operating characteristics

or need for major street accessibility may not be suitable in the central

business district or local commercial areas.

5. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

B. C-3 Development Standards (Special Use Permit)

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

Before the issuance of a building permit, evidence of compliance with Articles 6

and 7 shall be provided to the Planning and Zoning Commission for review and

approval.

City of Rio Communities Chapter 4: Zoning Code

1. A General Development Plan shall be submitted for review and approval by the

Planning and Zoning Commission before any development within the Heavy

Community Commercial area.

2. Provisions of this zone shall ensure compatibility of design with any adjacent

residential development.

C. C-3 Permitted Use examples include, but not limited to the following:

1. Permitted uses in the C-3 commercial district (store, shop, or facilities) for the

conduct of a retail business or service similar in use and nature to the types of

uses listed herein and specifically exempting those types of activities provided

for in less restricted districts.

2. All C-3 Permitted Use businesses shall comply with all federal, state and local

regulatory agencies and their policies and shall be approved by the Fire

Department. All permitted uses listed under C-1 & C-2 zones, except nursery or

child care facility are Permitted Uses under C-3.

3. Examples of Permitted C-3 businesses are:

a. Apartments

b. Auditoriums

c. Auto & Camper Sales, Service and Repair

d. Automotive Equipment and Rental

e. Automobile Body & Repair Shop (Not permitted within one-hundred (100)

feet of any residential zone)

f. Bus or Motor Freight Terminals (Only when located on an arterial street or

highway as designated on the City Street Plan)

g. Construction or Contractors Yard (Yard shall be maintained in a neat and

orderly fashion and enclosed by a fence at least six (6) feet in height except

that the height shall be limited to three (3) feet above the street-curb

within twenty-five (25) feet of a street intersection)

h. Drive-in Theater

i. Dry Cleaning & Steam Cleaning Facility

j. Farm & Ranch Products & Supplies

k. Firewood sales (more than 5 cords on site)

l. Heavy Equipment Repair & Service

m. Insulation Shop

n. Kennel (Commercial)

o. Plumbing and Heating Shop

p. Roofing and Sheet Metal Shops

q. Smoke Shop

r. Taxicab Transportation

City of Rio Communities Chapter 4: Zoning Code

s. Welding: Welding shall be permitted in the C-3 zone. Welding uses shall be

approved by the Fire Department and shall be in accord with any other

provisions of the Municipal Code.

D. C-3 Conditional Use

C-3 conditional use requires a public hearing and approval of the City Council after

a recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-2 for specific conditions and

provisions related to Conditional Use. Examples of Conditional Use are:

1. Conditional use for those businesses that are similar in character, scale and

performance or with similar noise, odor, traffic, air and water quality impacts

on neighboring properties.

2. All C-3 Conditional Use businesses shall comply with all federal, state and local

regulatory agencies and their policies and shall be approved by the Fire

Department.

3. The following C-3 uses are permitted in accordance with stated conditions and

upon approval by the Commission:

a. Adult Entertainment Use: Uses such as adult bookstores, adult movie

theaters, adult magazine racks (no public display of adult pictures or

materials that are visible outside the building is permitted) and other adult

entertainment as defined in Article 4-19-2 of this Code shall be permitted

provided such use is located at least three-hundred (300) feet from a

property line of any:

1) School; or

2) Church; or

3) Public park or recreation facility; or

4) Residential zoning district.

b. Body Art/Modification Establishment: Uses include but not limited to

tattoo shop or parlor, scarification shop or parlor and body piercing shop or

parlor.

1) Prior to receiving initial and annual renewal of business license for a

Body Art/Modification Establishment, each business owner must

provide evidence to the Planning and Zoning Commission that the body

art establishment successfully passed a state inspection pursuant to the

Body Art Safe Practices Act during the preceding calendar year.

City of Rio Communities Chapter 4: Zoning Code

2) In the event that the body art establishment has not been inspected by

the state through no fault of the business owner, the owner may apply

to the City for a thirty (30) day extension of time allowing the business

to operate temporarily until an inspection can be performed.

3) If the body art establishment fails to successfully pass a state board

inspection, the body art establishment shall suspend body art activities

until it passes a re-inspection.

4) Administering body art on any person eighteen (18) years of age or

under is prohibited.

5) Proof of age will be shown by a government-issued photo identification

accompanied by at least one other government-issued document

showing proof of age, such as a birth certificate.

E. C-3 Special Use

C-3 special use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. Examples of Special Use are:

1. FABRICATION SHOP

2. STORAGE OF PRODUCTS (e.g. Merchandise, Domestic Goods, or Raw Materials)

3. WAREHOUSING OR WHOLESALE DISTRIBUTION OF GOODS, METAL WORKS OR

MACHINE PRODUCTS

4-3-9 I-1/I-2 (Includes both Light and Medium Industrial Use)

A. I-1/I-2 Purpose

1. An I-1/I-2 District is intended to accommodate a wide variety of light

manufacturing, commercial, processing, storage, packaging, compounding and

wholesaling and distribution operations with no limit on size.

2. Such uses shall be constructed and operated to ensure that there is no

excessive noise, vibration, smoke, dust or any particulate matter, toxin or

noxious matter, humidity, heat or glare, at or beyond any lot line of the parcel

on which it is located.

3. Excessive is defined as a degree exceeding that which causes in the customary

manner of operation by users permitted in the I-1/I-2 District, a degree

City of Rio Communities Chapter 4: Zoning Code

injurious to the public health, safety, welfare or to a degree in which it is a

nuisance by reason of excessiveness.

4. Residential uses shall be prohibited except for a resident watchman, caretaker

or proprietor of a commercial use.

5. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

6. All uses shall comply with all federal and state regulatory agencies and be

approved by the City of Rio Communities Fire Marshall or designated person.

B. I-1/I-2 Development Standards are provided in Article 4-6-4 of this Code.

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

Before the issuance of a building permit, evidence of compliance with Articles 6

and 7 shall be provided to the Planning and Zoning Commission for review and

approval.

C. I-1/I-2 Permitted Use examples include, but not limited to the following:

1. COMMERCIAL OR TRADE SCHOOL

2. CONCRETE SALES & READY MIX

3. FREIGHT WAREHOUSE & DOCK

4. MICROWAVE RADIO RELAY STRUCTURE

5. MINING AND MINERAL EXCAVATION OFFICE ONLY

6. MOTOR FREIGHT TERMINAL

7. ELECTRIC OR MECHANICAL PART AND EQUIPMENT ASSEMBLY

8. FABRICATION SHOP

9. MANUFACTURING OF CONSUMER GOODS (e.g. Appliances, Batteries, Furniture,

Garments, Tires, Engine Blocks and similar products)

10. PACKING OF FOOD PRODUCTS, COSMETICS, PHARMACEUTICALS OR TOILETRIES

11. PROCESSING AND COMPOUNDING OF BAKERY GOODS, CANDY OR FOOD

PRODUCTS

City of Rio Communities Chapter 4: Zoning Code

12. INSIDE STORAGE OF PRODUCTS (e.g. Merchandise, Domestic Goods, or Raw

Materials)

13. WAREHOUSING OR WHOLESALE DISTRIBUTION OF GOODS, METAL WORKS OR

MACHINE PRODUCTS

D. I-1/I-2 Conditional Use

I-1/I-2 conditional use requires a public hearing and approval of the City Council

after a recommendation by the Planning and Zoning Commission. Follow

instructions in 4-18-9 and 4-18-10 for rules on posting and notification for either

Planning and Zoning or City Council hearings. See Article 4-7-4 for specific

conditions and provisions related to Special Use. Examples of Conditional Use are:

The following I-1/I-2 uses are permitted in accordance with stated conditions and

approval of the Planning and Zoning Commission:

1. Open or Exterior Storage and Display: Merchandise, material storage or

display of materials on the exterior of a building shall be enclosed by a fence or

wall of solid construction, no less than six (6) feet in height, except for mobile

homes, cars, trucks or motorcycles.

2. Paint shop: Mixing, treatment and spraying. Building shall be located one-

hundred (100) feet from any residential zoning district.

E. I-1/I-2 Special Use

I-1/I-2 special uses require a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. Examples of Special Use are:

1. CORRECTIONAL FACILITIES OR INSTITUTIONS

2. METAL OR OTHER USED/SCAP MATERIALS (Sales, Recycling, or Purchase)

3. RACETRACKS (ALL MOTORIZED VEHICLES)

4. LIGHT MANUFACTURING

5. STORAGE OF WRECKED OR DISMANTLED VEHICLES AND PARTS (Accessory

Use). The storage of wrecked and dismantled vehicles and parts shall be

permitted only as an incidental accessory use to a vehicle repair establishment

or a body shop where:

City of Rio Communities Chapter 4: Zoning Code

a. Storage shall be within an enclosed building or within a site-obscuring

fence of at least six (6) feet in height; or

b. Vehicles and parts stored at the exterior of the building shall be owned by

customers of the business and such storage shall be only for the purpose of

repair and return to customers; or

c. Exterior storage of vehicles shall not remain on the premises for a period

exceeding three (3) months; or

d. There shall be a maximum of five (5) wrecked vehicles stored at the

building exterior during any one time; or

e. Exterior storage shall be a minimum of one-hundred (100) feet from a

residential zoning district.

4-3-10 HEAVY INDUSTRIAL (I-3)

A. I-3 Purpose

1. An I-3 District is intended to accommodate a wide variety of heavy

manufacturing, commercial, processing, storage, packaging, compounding and

wholesaling and distribution operations with no limit on size.

2. Such uses shall be constructed and operated to ensure that there is no

excessive noise, vibration, smoke, dust or any particulate matter, toxin or

noxious matter, humidity, heat or glare, at or beyond any lot line of the parcel

on which it is located.

3. Excessive is defined as a degree exceeding that which causes in the customary

manner of operation by users permitted in the I-3 District, a degree injurious to

the public health, safety, welfare or to a degree in which it is a nuisance by

reason of excessiveness.

4. Residential uses shall be prohibited except for a resident watchman, caretaker

or proprietor of a commercial use.

5. State of New Mexico Engineer approval of water well and New Mexico

Environmental Department approval of sewage treatment must be obtained, if

not connected to public sewage and water.

6. All uses shall comply with all federal and state regulatory agencies and be

approved by the City of Rio Communities Fire Marshall or designated person.

B. I-3 Development Standards are provided in Article 4-6-4 of this Code.

C. I-3 Permitted Use examples include, but not limited to the following:

PUBLIC FACILITIES

City of Rio Communities Chapter 4: Zoning Code

1. MEAT PACKING – NO SLAUGHTERING OR RENDERING

2. MANUFACTURE OF CLAY PRODUCTS, BRICK, TILE AND CEMENT

3. COMMUNITY OR MUNICIPAL WATER SUPPLY SYSTEM

4. HEAVY MANUFACTURING

5. FEED MILLS, GRAIN ELEVATORS AND SEED CLEANING PLANTS

6. PETROLEUM OR LIQUEFIED PETROLEUM GAS BULK PLANTS

7. SIMILAR USES IN CHARACTER, SCALE AND PERFORMANCE WITH SIMILAR ODOR,

NOISE, AIR, WATER AND TRAFFIC IMPACTS ON NEIGHBORING PROPERTIES

D. I-3 Conditional Use

I-3 conditional use requires a public hearing and approval of the City Council after

a recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-2 for specific conditions and

provisions related to Conditional Use. Examples of Conditional Use are:

1. Open or Exterior Storage and Display: Merchandise, material storage or

display of materials on the exterior of a building shall be enclosed by a fence

or wall of solid construction, no less than six (6) feet in height, except for

mobile homes, cars, trucks or motorcycles.

2. Auto Wrecking Yard: (MUST HAVE EXTERIOR FENCING TO SCREEN FROM

PUBLIC VIEW)

3. Paint shop: Mixing, treatment and spraying. Building shall be located one-

hundred (100) feet from any residential zoning district and shall have Fire

Department Approval.

E. I-3 Special Use

I-3 special use requires a public hearing and approval of the City Council after a

recommendation by the Planning and Zoning Commission. Follow instructions in

4-18-9 and 4-18-10 for rules on posting and notification for either Planning and

Zoning or City Council hearings. See Article 4-7-4 for specific conditions and

provisions related to Special Use. Examples of Special Use are:

1. ASPHALT MATERIAL PRODUCTION PLANT

2. COMMERCIAL SAND, GRAVEL OR CONCRETE PLANT

City of Rio Communities Chapter 4: Zoning Code

3. MANUFACTURE OF FOREST PRODUCTS, INCLUDING SAWMILLS, PLANNING

MILLS, PLYWOOD AND PARTICLE BOARD – NO PULP OR PAPER MILLS

4. FACILITIES FOR PRODUCTION OR PRODUCTION OF OIL, NATURAL GAS,

GEOTHERMAL RESOURCES OR OTHER HYDROCARBONS

4-3-11 PLANNED DEVELOPMENT DISTRICT (PD)

A. Description

A Planned Development contains parcels or groups of parcels that may be platted

or un-platted, have “planned development strategies” on record or have some

utilities, but remain, for the most part, blank slates. For a community searching for

vision, a Planned Development presents an opportunity for unique and boundless

growth.

B. Purpose

The purpose of the Planned Development District is to promote flexibility in

thought that encourages innovative development sensitive to surrounding land

uses, community needs and the natural environment. As necessary, a viable

Planned Development should consider and propose:

1. A variety of choices working and living environments;

2. Open spaces and recreation areas;

3. A pattern of development that preserves natural vegetation, natural

topography and geologic features that prevents soil erosion;

4. A creative approach to land use and physical development;

5. The use alternative energy sources;

6. An environment of stable character in harmony with surrounding

development.

7. New or innovative concepts in land use not permitted by other zoning districts.

8. Combine commercial and residential land uses.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 4 OVERLAY ZONES

4-4-1 PURPOSE

4-4-2 FLOOD OVERLAY ZONE

4-4-3 SCHOOL OVERLAY ZONE

4-4-4 CELL TOWER COMMUNICATIONS OVERLAY ZONE

4-4-5 SOLAR COLLECTOR OVERLAY ZONE

4-4-6 DRAINAGE OVERLAY ZONE

4-4-1 PURPOSE

The purpose of Overlay Zones is to provide direction for areas that may have

restricted or partial uses. Parcels in one of these zones may require specially defined

actions in order to fully utilize the land. These zones are also created to allow special

uses that are either not allowed elsewhere or the owner of the parcel must petition

the Commission and/or City Council for permission to allow “Conditional Use” or

“Special Use” of the land. The provision of one of these zones is in addition to those

contained in the basic zone that the parcel is coded. Where provisions of these special

zones may conflict with the provisions of another zone, the provisions of the overlay

zone shall prevail. All conditional or special use requires a public hearing and approval

of the City Council after a recommendation by the Planning and Zoning Commission.

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification for

either Planning and Zoning or City Council hearings. See Article 4-7-2 or 4-7-4 for

specific conditions and provisions related to Conditional or Special Use.

4-4-2 FLOOD OVERLAY ZONE

A. Intent: The Flood Overlay Zone provides special regulations designed to reduce

flood damage to property and risk to human life.

B. Boundaries: The boundaries of the flood hazard overlay district shall be

determined by the most recent Flood Insurance Rate Map maintained by FEMA

and the Valencia County Floodplain Manager. All boundaries of this overlay zone

shall substantially conform to the designated flood hazard areas identified under

the National Flood Insurance Program.

C. Permits: In addition to review by the Planning and Zoning Commission, a review

must be undertaken by the Valencia Flood Plain Manager. This review may also

include a development as may be specified by any existing or subsequent flood

damage protection ordinances of the City of Rio Communities.

City of Rio Communities Chapter 4: Zoning Code

4-4-3 SCHOOL OVERLAY ZONE

A. Intent: The School Overlay Zone provides special protection for all areas directly

adjacent to schools. It is designed in enhance safety to children, educators and

parents, and reduce traffic during school transport times. Businesses or residents

in areas that are directly adjacent to schools shall not be of a type that poses any

increased risk to safety or the educational experience.

B. Boundaries: The boundaries of this zone are three-hundred (300) feet from the

border of school property.

C. Permits: Because of this potential increased risk, all uses in this zone shall be

“Conditional Use” or “Special Use” and must be approved by the Planning and

Zoning Commission.

D. Guidelines: The following guidelines shall apply for approved property use falling

within this zone:

1. The use of any residential property reverts to R-1 uses.

2. he use of any commercial property reverts to C-1 uses.

E. The rules for Special or Conditional uses follow the guidelines for C-1 property.

This change in intended Use only applies to that portion of the property falling in

the School Overlay Zone.

4-4-4 CELL TOWER COMMUNICATIONS OVERLAY ZONE

A. Intent: This overlay zone is established to restrict certain structures as

permissible use and to provide safe access for installation. In all instances, an

applicant for a permit shall exhaust all co-location opportunities by negotiating

directly with respective owner(s) of a parcel and shall follow the guidelines set

forth in Article 4 of this Code.

B. Setbacks: Minimum setbacks for any tower to adjacent structures, highways or

streets shall be equivalent to the height of the tower. The size of each zone shall

be 1,000 feet in diameter. Towers must be a minimum of 500 feet from any

existing residential area.

C. Permits: Special or Conditional Use Building Permit is required.

D. Restrictions: Cell towers shall not be erected in any residential zone.

City of Rio Communities Chapter 4: Zoning Code

4-4-5 SOLAR COLLECTORS OVERLAY ZONE

A. Intent: The intent of these zones are to provide suggested areas for the

installation of large-scale solar arrays (regulation of small residential solar

collection systems is found in Article 17). Areas conducive to solar arrays are

characterized by natural terrain that provides easy access for installation; requiring

minimal screening from view by City residents. Installation in other areas is

permissible but may require additional scrutiny for screening and impact on

surrounding areas.

B. Boundaries: Lying along the far southerly boundaries of the City, these zones

extend 1,000 feet into the City. This 1,000-foot limit may be extended pending

agreement from private owners of parcels selected for use.

C. Permits: A Special or Conditional Use Building Permit request is required for this

use.

4-4-6 DRAINAGE OVERLAY ZONE

A. Intent

The regulations, restrictions and requirements of this section are intended to

preserve the quality of life, mitigate the effects from flood and other dangers and

conserve and stabilize the value of property. Accordingly, the preservation of

natural drainage arroyos and ditches are of prime concern to prevent downstream

flooding and resulting damage to property.

B. Boundaries

The boundary of this overlay zone is twenty-five (25) feet or more on each side of

a defined drainage area. For any proposed structure within a defined drainage

area, the petitioner shall include to the Commission for review and approval:

1. A comprehensive drainage and grading plan stamped and signed by a

professional engineer, registered and licensed to practice in New Mexico.

2. All plans should be engineered to provide drainage for one hundred percent

(100%) of storm water generated by a one hundred (100) year flood produced

from a twenty-four (24) hour storm.

C. Permits

A. conditional use or Special Use permit shall be required for all proposed

construction within an identified overlay drainage area, pending review and

approval of the Commission. Drainage overlay conditional or special use requires a

public hearing and approval of the City Council after a recommendation by the

Planning and Zoning Commission. Follow instructions in 4-18-9 and 4-18-10 for

City of Rio Communities Chapter 4: Zoning Code

rules on posting and notification for either Planning and Zoning or City Council

hearings. See Article 4-7-2 or 4-7-4 for specific conditions and provisions related to

Conditional or Special Use. A drainage grading plan shall be submitted with the

request for building permit to prevent delay of the approval process.

D. Restrictions

No storm water shall be allowed to enter an arroyo or ditch that is a result of run-

off created from any new construction. Storm water retention ponds are

authorized as needed to obtain these results, however, no more than fifty percent

(50%) of a front setback may be used for these retention ponds.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 5 REQUIREMENTS FOR ACCESSORY BUILDINGS

4-5-1 DEFINITION OF ACCESSORY BUILDING

4-5-2 USE OF ACCESSORY BUILDING

4-5-3 ACCESSORY BUILDING

4-5-4 CARPORTS

4-5-5 WATER RUN-OFF (DRAINAGE)

4-5-1 DEFINITION OF ACCESSORY BUILDING

An accessory building is any stand-alone structure subordinate to and located on the

same lot with a main building, the use of which is clearly incidental to that of the main

building or to the use of the land, and that is not attached by any part of a common

wall or common roof to the main building. Includes containers, portable garages,

carports, storage buildings and temporary type moving units (up to 90 days-may be

extended upon review by Commission) .

4-5-2 USE OF ACCESSORY BUILDINGS

A. No accessory building shall be used as a place to conduct any business or for

habitation or dwelling.

B. No accessory building shall be located in the front yard of any residential yard.

4-5-3 ACCESSORY BUILDING

These structures are subject to the following:

A. The total height of any accessory building shall not exceed twenty (20) feet from

ground level (measured from the lowest point of the structure to the highest

point).

B. Any accessory building shall not occupy (in total square footage) more than twenty-

five (25) per cent of the rear yard area in which it is located.

C. Any accessory building shall be at least ten (10) feet from the main structure or

three (3) feet, if covered on side adjacent to the main structure by a 2-hour fire

rated material. A transport permit is required for all accessory buildings built off-

site to confirm approved placement on the lot. See 4-7-8.

D. Any accessory building shall comply with all setbacks. See Articles 6 and 9 of this

Code.

E. A building permit is required for any accessory building that exceeds 120 sq. ft.,

regardless of foundation. Contact Rio Communities City Clerk for the application.

City of Rio Communities Chapter 4: Zoning Code

4-5-4 CARPORTS (STAND-ALONE)

A. Carports are permitted in the front yard setbacks of R-1, R-2, MH-1, MH-2, C-1, C-

2, C-3, I-1/I-2 and I-3 Districts and shall not:

1. Be situated that infringes on any established setback, and

2. Reduce available or established parking space, and

3. Interfere with a clear line of sight throughout the neighborhood, and

4. Be incompatible with the architecture and aesthetic appearance of the

adjacent block as determined by the Planning and Zoning Commission.

5. Have an area greater than fifteen percent (15%) of the front yard setback, or

6. Exceed seven-hundred and fifty (750) square feet in area, and

7. Be enclosed with three (3) or more opaque walls, or where seventy-five

percent (75%) of the interior space is open, and

8. The total height of any carport shall not exceed twenty (20) feet from ground

level (measured from the lowest point of the structure to the highest point).

9. Be used for storage on more than one (1) wall of the structure.

B. Any carport directly attached to the main dwelling structure requires a building

permit. It requires review and approval of the Commission. It shall conform to the

architecture and aesthetics of the main dwelling and shall meet structural

standards as outlined in Construction Industries General Provisions, Chapter 5 of

the New Mexico Administrative Code.

C. All carports must adhere to front, side and rear setbacks. It must also adhere to all

accessory building rules.

4-5-5 WATER RUN-OFF (DRAINAGE)

Accessory Building structures shall not generate water run off onto adjacent property.

The installation of side gutters or drainage channels may be necessary to keep such

run-off from running onto adjacent property.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 6 STANDARDS FOR DEVELOPMENT

4-6-1 GENERAL STANDARDS FOR DEVELOPMENT

4-6-2 ZONING STANDARDS

4-6-3 RESIDENTIAL ZONES, EXCEPTIONS AND PROVISIONS

4-6-4 COMMERCIAL AND LIGHT INDUSTRY, EXCEPTIONS AND PROVISIONS

4-6-5 MOBILE HOME SUBDIVISIONS AND PARKS, PROVISIONS AND EXCEPTIONS

4-6-6 DEVELOPMENT IN FLOOD PLAIN AREAS

4-6-7 HEIGHT EXCEPTIONS

4-6-8 LANDSCAPING AND EROSION CONTROL

4-6-9 GRADING, DRAINAGE AND SITE PLANS

4-6-1 GENERAL STANDARDS FOR DEVELOPMENT

A. Purpose

All structures, buildings, lots and tracts that fall within the City boundaries shall be

developed as described in this Article and any related Article of this Code. All the

development standards within this Code shall apply to any tract, lot or parcel

independent of any other tracts, lots or parcels.

4-6-2 ZONING STANDARD

A. Standard Setbacks

* For infill lots in existing neighborhoods, the setback should be equal to or more

than the houses on that block.

Zone Type

Minimum

Front Offset

Minimum

Rear Offset

Minimum Side Offset

R-1 *

20-feet

10-feet

5-feet

R-2 *

20-feet

10-feet

0 to 5-feet

MH-1

20-feet

10-feet

MH-2

See Manufactured Home Standards

C-1

20-feet

10-feet

0 to 5-feet

C-2

20-feet

15-feet

0 to 5-feet

C-3

20-feet

15-feet

0 to 5-feet

I-1/I-2 & I3

Requires Planning & Zoning Approval

City of Rio Communities Chapter 4: Zoning Code

B. Lot Sizes

Zone Type

Minimum

Lot Area

(SF)

Minimum Lot

Width (FT)

Maximum

Building Height

(FT)

R-1:

Single Family

6,000

Placeholder

R-2: High

Density/

Multi-Family

3,500

C-1

5,000

C-2

5,000

C-3

5,000

I-1/I-2

130,

680

(3 acres)

I-3

130,680

(3 acres)

100

Table 2

Note: Minimum of five (5) units or more, Environmental Department minimum lot

requirements shall apply, if lot is not served by municipal sewage collection

system.

4-6-3 RESIDENTIAL ZONES (R-1 AND R-2), EXCEPTIONS AND PROVISIONS

A. Exceptions to Setbacks

A zero (0) setback in an R-2 zone shall comply with the following provisions:

1. Not less than five (5) feet, including roof overhang between structures shall be

allowed, except for approved multi-family/high density structures with a

common wall. Non-common wall side shall have a minimum of five (5) feet

setback.

2. Planning and Zoning Commission shall approve all setback exceptions as part

of an approved development.

3. An addition to a main dwelling shall be permitted as an extension of existing

building lines that have non-conforming setbacks.

4. Setbacks for any addition shall be the same as the main building.

City of Rio Communities Chapter 4: Zoning Code

5. A minimum setback of seven and one-half feet (7’ 6”) for a two or three story

building shall be enforced.

6. The minimum setback distance shall be maintained for both front yards of a

corner lot. A lesser setback for one front yard of a triple frontage lot shall be

considered for a variance by the Commission.

7. Any new dwellings may be erected as close to the front property line as the

average distance established by existing dwellings on that side of the block,

assuming the lots on that side are fifty (50) percent or more developed.

B. Front Yard Parking

1. Front yard parking is permitted, provided the area shall occupy not more than

one-third (1/3) of any open area between the front property line and the front

of the dwelling.

2. Homes located on a cul-de-sac may reserve two-thirds (2/3) of a front yard for

parking.

3. Where lots are less than fifty (50) feet in width, a twenty (20) foot wide parking

area is permitted.

4. Any parking area within an R-2 Zone shall not cover more than three fourths

(3/4) of the front yard.

C. Minimum Distance Between Structures

There shall be no less than ten (10) feet between structures or buildings located on

the same tract, lot or parcel or three (3) feet, if covered on side adjacent to

another structure by a 2-hour fire rated material.

D. Easement Encroachments

There shall be no temporary or permanent structures placed on any easement

without written approval by the Commission.

4-6-4 COMMERCIAL (C-1, C-2 &C-3) AND INDUSTRIAL (I-1/I-2 AND I-3) ZONES - EXCEPTIONS

AND PROVISIONS

A. All development in any commercial or light industrial zone shall comply with the

following provisions:

1. A minimum setback of seven and one-half feet (7’–6”) for any building of thirty

(30) feet or more in height.

City of Rio Communities Chapter 4: Zoning Code

2. A zero (0) foot side yard shall only be permitted when:

a. Both buildings share a common wall on the side property line; or

b. A building on the non-abutting side is at least five (5) feet from the

property line; or

c. When abutting property is undeveloped, otherwise a five (5) foot setback

shall be required.

3. There shall be a minimum setback of one (1) foot for each foot in height of any

building abutting a residential zoning district. There shall be at least a

minimum distance of thirty (30) feet maintained between any residential

dwelling and commercial or industrial structure.

B. Minimum distance between structures

There shall be a minimum space of ten (10) feet between any structure or building

that is located on the same lot, parcel or tract.

C. Private Streets

All private streets or drives (whether paved or unpaved) shall be a minimum of

twenty-four (24) feet wide.

4-6-5 MOBILE HOME SUBDIVISIONS (MH-1) AND PARKS (MH-2) PROVISIONS AND

EXCEPTIONS

A. Development Standards

Table 3

Zone

Type

Minimum

Development

Area (Acres)

Minimum

Space per Unit

(SF)

Maximum

Units per Acre

Maximum Building

Height (FT)

MH-1 5 6,000 7 26

MH-2 2 3,000 10 26

City of Rio Communities Chapter 4: Zoning Code

B. Lot Spacing

Table 4

C. Lot Setbacks

Table 5

D. Storage Units

One storage unit or accessory building up to six hundred (600) square feet (SF) in

area is permitted and may be located within an established setback.

E. Mobile Home Park

Permissible dwelling within a Mobile Home Park shall be limited to mobile homes,

park models, recreational vehicles and travel trailers and additional support

facilities.

F. Private Streets

1. All private drives located within any Mobile Home Subdivision or Mobile Home

Park shall be a minimum of twenty-four (24) feet wide.

2. Any streets or drive shall be either dirt and gravel mix, asphalt, concrete or

other appropriate material as approved by the Commission.

G. Easement Encroachments

Space allotted for any mobile home or recreational vehicle or other structures

shall not be placed within any established easement without the written approval

of the Commission.

Zone

Type

Minimum Width

Each Lot (FT)

Minimum

Distance

Between

Units (FT)

Minimum

Distance to

Main Building

(FT)

Minimum Distance

to Accessory

Building (FT)

MH-1 50 20 20 10

MH-2 35 10 15 10

Zone Type

Minimum Front

Yard Depth (FT)

Minimum Rear

Yard Depth (FT)

Minimum Side Yard Width (FT)

MH-1 20 10 10

MH-2 15 NA 5

City of Rio Communities Chapter 4: Zoning Code

4-6-6 DEVELOPMENT IN FLOOD PLAIN AREAS

All development in an established Flood Plain Area, as determined by the Federal

Emergency Management Agency’s (FEMA) Flood Plain Area Map, shall be in

accordance with Rio Communities Planning and Zoning Article 4-6-9 and any

restrictions enacted by the City.

4-6-7 HEIGHT EXCEPTIONS

A. Any “homemade” residential radio or television antenna or other free-standing

tower is prohibited. Only a radio, television antenna or tower designed and

provided by a certified manufacturer shall be permitted.

B. All residential radio, television antennas or towers and any other free standing

tower shall meet all manufacture’s specifications and be expressly designed and

capable to withstand 90 M.P.H. wind speeds.

C. All antennas, towers, belfries, spires and similar structures shall not exceed ten

(10) feet above the ridgeline of any dwelling within a three-hundred (300) foot

radius.

4-6-8 LANDSCAPING AND EROSION CONTROL

A. Standards for Landscaping as stated in Article 11 shall apply for all zones.

B. For any development outside the Scope of Article 11, the properties shall be

maintained in a natural vegetation state (see Definition Section) or, if disturbed,

shall be maintained in a manner that conserves water.

C. Such properties must be kept in a clean state that shall also control water and

wind erosion. Planting native grasses is recommended as an alternative.

4-6-9 GRADING, DRAINAGE AND SITE PLANS

A. All developments over 1 acre in size or, as otherwise stated in this Code, shall

specifically address grading and drainage on their site plans.

B. A registered civil engineer may be requested to address these issues on the site

plan. The City may require retention of any drainage water on site through the

Planning and Zoning Commission.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 7 PERMITS, CERTIFICATES AND FEES

4-7-1 CERTIFICATE OF ZONING COMPLIANCE

4-7-2 CONDITIONAL USE PERMIT

4-7-3 VARIANCE USE PERMIT

4-7-4 SPECIAL USE PERMIT

4-7-5 HOME OCCUPATION PERMIT

4-7-6 BUILDING PERMITS REVIEW

4-7-7 FEE SCHEDULES

4-7-1 CERTIFICATE OF ZONING COMPLIANCE

A. No new building or land use shall be used or occupied, nor may a use of a building

or land be converted or changed, in whole or in part, until a certificate of zoning

compliance is issued by the City. A certificate of zoning compliance shall be issued

only if the proposed use of a building or property is permitted by right within the

zone wherein the use is proposed to occur.

B. Application Requirement: The application for a certificate of zoning compliance

shall be on the form supplied by the City and shall contain plans and other

information as required by the City as well as additional information as may be

required elsewhere in this Code.

C. Expiration: If within thirty (30) days after issuance of a certificate, work has not

commenced or work preparatory to use has not commenced, the certificate shall

expire by limitation.

D. Revocation of Certificate: The Commission or City may revoke a certificate issued

under this Code if it is determined a false statement or misrepresentation of

material fact was provided by the applicant as a part of the application or

testimony on which the certificate of approval was based.

E. Certificate Transferal: A certificate of zoning compliance issued to a specific

location shall not be transferred for use at another location or be transferred from

one applicant to another. Application for a new certificate may be made by the

new owner.

4-7-2 CONDITIONAL USE PERMIT

A permit may be authorized by the Commission for uses stipulated as conditional

within specific zones as described in Articles 3 and 4 of this Code, provided:

A. The subject use shall be compatible to the existing use in that zone;

City of Rio Communities Chapter 4: Zoning Code

B. Projected traffic flows do not impact existing transportation systems beyond safe

operational capacity;

C. Existing infrastructure capacities are adequate to accommodate the new

development, or provide the necessary infrastructure expansion to support the

proposed development;

D. The proposed development shall not significantly affect the environment (e.g.

historical, archeological, ground and surface water, vegetation and air quality;

E. The proposed development shall not adversely affect adjoining property values or

endanger public safety.

F. Conditions Applied to Application: Conditions may be applied to the permit:

1. Additions of landscaping, walls, parking areas, number of parking spaces or

other requirements to avoid noise, vibration, odor, and health hazards may be

added to the list of compulsory improvements. Failure to comply will invalidate

the permit.

2. Additions to roads and signage may be required to reduce excessive traffic

congestion or other road hazards.

3. A plan must be generated by the applicant to show how each of the areas of

concern are to be remedied.

G. Application Requirement

The application for a conditional use permit shall be in the format stipulated by

the City and shall contain plans and other information as required by the City.

After reviewing the application for completeness, the City Clerk shall place the

completed application upon the agenda of the Commission.

H. Posting and Notification for Conditional Use Permit

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

I. Review

Each conditional use permit shall be subject to review annually by the Commission

on the anniversary following its approval. If it is determined from the review that

the current use is significantly different or larger in scale than that originally

approved, the conditional use permit may be revoked by the Commission.

J. Transferal

Conditional use permits shall not be transferable from location to location,

building owner to building owner, or applicant to other party.

City of Rio Communities Chapter 4: Zoning Code

4-7-3 VARIANCE USE PERMIT

A variance may be authorized by the Commission for purposes that conform to the

provisions of this Code. The variance may provide relief from the strict application of

dimension, distance, parking or setback requirements of this Code.

A. Provisions for Variance

1. The subject property must be irregular, narrow, shallow, or steep or otherwise

have physical conditions where application of the requirements of this Code

would result in practical difficulty or unnecessary hardship to the owner in the

use of the land or building.

2. A variance shall not be granted in such case where it would adversely affect

adjoining properties, impair established property values or endanger public

safety.

3. A variance shall not be granted to change the use of a structure or property

that is not otherwise permitted by right or by conditional or special use within

the zone where the structure or property is located.

B. Application Requirement

The application for variance shall be in the format stipulated by the City and shall

contain plans and other information as required by the City. After reviewing the

application for completeness, the City Clerk shall place the completed application

upon the agenda of the Commission.

C. Notification and Posting for Variance Use Permit

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

D. Revocation

A variance shall be automatically revoked in the event a building permit for the

approved variance has not been obtained within ninety (90) days or construction

has not been completed within one (1) year after the building permit has been

issued. The Commission may grant ninety (90) days extension if deemed

appropriate.

E. Reapplication for Variance

In the event an Application for Variance is denied by the Commission, the

applicant may appeal within thirty (30) days to the City Council. If the application is

denied by the City Council, there shall be no reapplication for the same variance

for a period of one (1) year after the date of the decision.

City of Rio Communities Chapter 4: Zoning Code

4-7-4 SPECIAL USE PERMIT

A Special Use permit is required for a specific land use that is not permitted by right

within the zone wherein it is requested. A special use permit may be authorized by the

City Council after hearing the recommendation of the Commission. Follow rules listed

in 4-18-9 and 4-18-10 for notification and posting.

A. Provision for a Special Use Permit

1. The proposed use must be unusual and unique and may be incompatible with

planned property uses within the general area and zone in which the special use

is proposed.

2. Special Use permits shall not be granted in such cases where it would adversely

affect adjoining property values, or endanger public safety.

3. Special Use permits shall not be granted in such cases where the use is or will

become detrimental to the character of the zone wherein it is located.

4. Special Use permits do not follow the land, but expire when the special use

stops and/or a new owner takes possession of the property. The new owner of

the property may reapply for a new permit.

B. Application Requirements

The application format for a Special Use permit shall be in the format stipulated by

the City. There shall be a comprehensive statement included with each application

stating in detail, the reason for the request, the purpose and the use of the

property, all improvements to be made and a site plan that includes the following:

1. Location of existing and proposed structures including the dimensions of

setbacks;

2. Existing and proposed vehicular circulation systems, including parking areas,

storage areas, service areas, loading areas and major points of access, including

street pavement width and right-of-ways;

3. Location and treatment of open spaces including landscaping plan and schedule;

4. Lighting and Appropriate Signage;

5. A drainage plan, site plan, landscaping plan and grading plan shall be required

for all special use developments.

C. Notification Public Hearing and Notice Procedure for Special Use Permit

Follow rules listed in 4-18-9 and 4-18-10 for notification and posting.

City of Rio Communities Chapter 4: Zoning Code

D. Review and Approval

The City Council may deny Special Use permits or may grant final approval with

additional conditions imposed that the Council deems necessary to insure that the

purpose and intent of this Code is met and to protect and provide safeguards for

persons and property in the vicinity.

E. Time Limit and Revocation

The City Council may impose a time limitation on a Special Use permit. If a special

use is not initiated within one year following approval or if a special use is

discontinued for a period of one (1) year, the permit shall be automatically

revoked. All improvements shall be in accordance with the development standards

of the zone except as otherwise authorized by the Special Use permit. Significant

improvements shall result in the revocation of the special use permit.

F. Resubmission of Application for Special Use

Application for a Special Use permit shall not be resubmitted or reconsidered for a

period of six months after it has been acted upon by the City Council.

G. Zoning Change

Approval of a special uses shall not be considered a zoning district change.

4-7-5 HOME-BASED BUSINESS LICENSE

A Home Occupation (business) permit is required for the conduct of trade, services or

manufacturing within a dwelling unit in a residential zone. All home occupation

permits shall be reviewed and approved by the person issuing building permits.

Allowable uses and restrictions for home occupation permits are stated in the

definition for Home Occupation in Appendix A. See also Sections 4-3-1; 4-3-2; 4-3-3

and 4-3-4.

A. Provisions for Home-Based Business License.

Home occupation permits shall not be granted in such cases where they would

adversely affect adjoining properties, impair established property values,

unreasonably increase vehicle traffic flow or endanger public safety.

B. Application Requirements

The application for a home-based business license shall be in the format stipulated

by the City and shall contain plans and other information as required by the City.

After reviewing the application for completeness, the City Clerk shall give it to the

person that approves Building Permits.

C. Restrictions

1. Parking restrictions

Any rules to be determined by site visit.

City of Rio Communities Chapter 4: Zoning Code

2. Hazardous Waste

No hazardous waste storage as determined by Nuisance Ordinance is allowed

to be present on site.

3. Public Health and Welfare

No public health issues will be allowed on site that would endanger the

welfare of customers or neighbors.

D. Annual Renewal

A home-based business license shall be renewed annually by Building Permit

personnel.

E. Transferal

Home-based business license shall not be transferable from location to location

(unless approved by Building Permit Personnel), building owner to building owner

or applicant to other party.

4-7-6 BUILDING PERMITS REVIEW

By approving this zoning ordinance, the Rio Communities Governing body shall accept

responsibility of the issuance and final review of Building Permit forms to ensure

compliance with this code. Chairman of the Planning and Zoning Commission, or

other person designated by the Mayor and approved by the City Council are

designated to approve or disapprove the forms and handle the process. Any

questionable permits are referred to the Planning and Zoning Commission for

resolution. CID is responsible for all rules involving construction standards. The city’s

designated signatory on the Building Permit forms are responsible only for zoning and

flood plain compliance. The Chairman or Vice Chairman of the Planning and Zoning

Commission are the signatory for any situations that go to Planning and Zoning for

review. The county flood plain administrator is responsible for any flood plain issues.

Contact Rio Communities City Hall for building permit and compliance forms. Return

all forms to Rio Communities City Hall for processing and payment of review fees. CID

website is www.rid.state.nm.us. City Hall telephone # is 505-861-6803.

4-7-7 FEE SCHEDULE: A complete listing of fees can be found by contacting city clerk,

visiting city website at www.riocommunities.net or looking at Appendix B (when

available).

4-7-8 TRANSPORT AND PLACEMENT PERMIT FOR ACCESSORY BUILDINGS

A transport and placement permit is required for any accessory building moved into

the city limits to assure proper placement on the lot.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 8 ZONING CODE ENFORCEMENT

4-8-1 DUTY TO ENFORCE

4-8-2 ZONING CODE APPROVAL

4-8-3 LEGAL DOCUMENTS FOR CODE ENFORCEMENT

4-8-4 ZONING CODE VIOLATIONS AND PENALTIES

4-8-5 APPEALS TO ZONING CODE

4-8-1 DUTY TO ENFORCE

It shall be the duty of the Code Enforcement Officer or City Council’s designee to

enforce this Code.

4-8-2 ZONING CODE APPROVAL

A. No building or land shall be used or occupied, nor may a use of a building or land

be converted or changed, in whole or in part, until a certificate of zoning

compliance, variance or applicable permit has been issued by the City.

B. The Code Enforcement Officer shall maintain a record with the City Clerk of all

certificates of zoning compliance, variances and permits and copies shall be

furnished upon request to any person for the cost of reproduction.

4-8-3 LEGAL DOCUMENTS FOR CODE ENFORCEMENT

The Code Enforcement Officer may at their discretion require affidavits, disclosure

statements, deed restrictions or other legal documents to assure compliance with the

provisions of this Code. Such documents may be approved for use in specific cases by

the City Attorney.

4-8-4 ZONING CODE VIOLATIONS AND PENALTIES

A. It shall be a violation of this Code for any person, firm, or corporation to unlawfully

neglect, refuse to comply with, or resist the enforcement of any provision of this

Code or any requirement pursuant thereto, or in any way use, change or construct

a building or structure in non-conformance without zoning approval.

B. Violations of this Code shall be brought into compliance, abated or removed.

Failure to do so shall be prosecuted in municipal court as a violation. In all such

cases that the Court rules to allow a structure to remain in non-conformance with

this Code, there shall be a proforma action (intended to facilitate the legal process)

by the City Council permitting such use. Such action shall be consistent with the

Court's ruling, and thereafter the non-conforming use shall be considered legal

nonconforming use subject to the provisions established by the court.

City of Rio Communities Chapter 4: Zoning Code

4-8-5 APPEALS TO ZONING CODE

A. Appeal of any final action or decision by the code enforcement officer or the

Planning and Zoning Commission (hereafter the commission) may be filed with the

city clerk within thirty calendar days after the date of the final determination by

the code enforcement officer or the commission.

B. An appeal does not stay all proceedings in furtherance of the action appealed

unless the respondent proves that by reason of facts or circumstances,

enforcement would cause imminent harm unless the city council, for good cause,

grants a stay.

C. When an appeal alleges that there is error in any order, requirement, decision or

determination by the code enforcement officer or the commission in the

enforcement of NMSA 1978, Sections 3-21-1 through 3-21-14 , or any ordinance,

resolution, rule or regulation adopted pursuant to those sections, the council by a

majority vote of its members may:

1. In conformity with Sections 3-21-1 through 3-21-14, NMSA 1978:

a. Affirm any order, requirement, decision or determination of the code

enforcement officer or commission;

b. Reverse any order, requirement, decision or determination of the code

enforcement officer or commission in favor of the appellant; or

c. Modify or alter any order, requirement, decision or determination of the

code enforcement officer or commission.

D. There are no appeals from recommendations of the code enforcement officer or

the commission that are neither final nor actionable under this title.

E. A person aggrieved by a decision of the code authority or any officer, department,

board or bureau of the code authority may appeal the decision pursuant to the

provisions of Section 39-3-1.1, NMSA 1978― Appeals to district court; trial de

novo.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 9: PROVISIONS OF NON-CONFORMING USE

4-9-1 LEGAL NON-CONFORMING USE DEFINED

4-9-2 EXCEPTION

4-9-3 CONTINUANCE DEFINED

4-9-4 NON-CONFORMING USE – ENLARGEMENT AND RENOVATION

4-9-5 DISCONTINUANCE OF NON-CONFORMING USE

4-9-6 CERTIFICATE REQUIRED FOR NON-CONFORMING USE

4-9-7 REVIEW AND RENEWAL OF NON-CONFORMING USE

4-9-8 TRANSFERAL OF NON-CONFORMING USE

4-9-1 LEGAL NON-CONFORMING USE DEFINED

Legal non-conforming use is the use of any land, building or structure that is contrary

to current zoning codes, but at the time the property was purchased or the building or

structure was constructed, the land, building or structure conformed to and was in

accordance with the legally established zoning codes.

4-9-2 EXCEPTION

If the continuation of non-conforming use of any land, building or structure presents

an immediate threat to the general public, their welfare, or violates existing safety

codes, the legal or registered owner of that land, building or structure shall be

notified.

A. Upon notification, the owner shall have thirty (30) days to respond in writing to

the City with a plan that describes a proposed method to mitigate the immediate

threat or hazard to the public.

B. The proposed plan shall be reviewed by the Commission and the property owner

notified of the Commission findings within thirty (30) days in writing.

C. If the proposed mitigation method is approved by the Commission, the property

owner shall have thirty (30) days to implement the mitigation. However, if the

property owner’s mitigation plan is rejected by the Commission, the property

owner shall implement the findings of the Commission.

D. The property owner may petition the Commission for a time extension, but only if

the owner can demonstrate that the mitigation presents a severe financial burden.

4-9-3 CONTINUANCE DEFINED

A. Continuance allows for the continued legal use of any land, building or structure

based on the land and building zone codes that were established at the time the

land was purchased or the building or structure was constructed.

City of Rio Communities Chapter 4: Zoning Code

B. Continued use of any non-conforming land, building or structure, shall be granted

upon review and approval be the City’s Planning and Zoning Commission,

C. The allowance of any non-conforming land, building or structure shall not be

changed to a less restrictive use except by zoning district change.

4-9-4 NON-CONFORMING USE – ENLARGEMENT AND RENOVATION

A. A non-conforming use of any building or structure shall not be enlarged, replaced,

moved or extended in size or use.

B. Normal renovation and repairs shall be permitted, provided there are no structural

alterations.

4-9-5 DISCONTINUANCE OF NON-CONFORMING USE

In the event that a non-conforming use of any land, building or structure is

discontinued, the legal owner shall have one (1) year, from the time notification of

discontinuance is issued, to make all necessary modifications or alterations that shall

bring the land, building or structure into compliance with this Code.

4-9-6 CERTIFICATE REQUIRED FOR NON-CONFORMING USE

A. By the adoption of this Code, a non-conforming certificate shall be required for

any land, building or structure that does not conform to this Code.

B. It shall be the responsibility of the legal property owner of any non-conforming

land, building or structure to provide affidavits or other legal documents to the

City’s Planning and Zoning Commission that establishes the legal non-conforming

status of the land, building or structures.

4-9-7 REVIEW AND RENEWAL OF NON-CONFORMING USE

A. A non-conforming use certificate shall be reviewed for renewal each year upon the

anniversary of its issuance by the Commission.

B. During the annual review/approval process, if the Commission determines that the

current use of the land, building or structure is significantly different or the

building or structure is larger in scale than was originally approved, the permit may

be revoked by the Commission.

4-9-8 TRANSFERAL OF NON-CONFORMING USE

Any non-conforming use certificate may not be transferred by sale from one owner to

another. New owners may re-apply.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 10 PARKING REQUIREMENTS

4-10-1 PURPOSE

4-10-2 PHYSICAL SPACE REQUIREMENTS

4-10-3 PARKING SPACE CRITERIA

4-10-4 HANDICAPPED PARKING

4-10-5 LOADING SPACE

4-10-6 ENLARGEMENT OR CHANGE OF USE

4-10-7 JOINT USE

4-10-8 PARKING SPACE SIZE

4-10-9 PARKING PLAN APPROVAL

4-10-10 PARKING CONSTRUCTION STANDARDS

4-10-1 PURPOSE

This section shall establish the parameters for parking at business establishments

based on the type of business and its use. For uses not specified in this Code, the

category that is the most similar shall be followed. In an effort to reduce on-street

parking, front yard parking is permitted. However, at no time shall parking be

permitted on sidewalks or any pedestrian walkway. Furthermore, any formula used in

determining the allowable number of parking spaces is rounded to the nearest whole

number. Parking shall be provided on the same lot of the structure being served,

except with Planning and Zoning Commission approval.

4-10-2 PHYSICAL SPACE REQUIREMENTS

As physical space allows, businesses shall adhere to the industry standard for parking

spaces, as defined by the Urban Land Institute (ULI):

ULI Parking Standards Standard Car

Type Stall Width Stall Depth Maneuvering Width

90 degree 8 feet 3 inches – 9 feet 18-19 feet 23 feet

60 degree 8 feet 3 inches – 9 feet 19-22 feet 13 feet 6 inches

45 degree 8 feet 3 inches – 9 feet 17-21 feet 11 feet 10 inches

30 degree 8 feet 3 inches – 9 feet 15-16 feet 11 feet

Table 6

4-10-3 PARKING SPACE CRITERIA

A. Lodging and Residential

1. Bed and Breakfast, Boarding Houses and Similar Uses shall provide two (2)

spaces per establishment plus one (1) space per guest room.

City of Rio Communities Chapter 4: Zoning Code

2. Motels and Hotels shall provide one (1) space per guest room. If a restaurant or

sales shop is co-located on or near the establishment’s property, the number of

spaces allowed shall be determined by Joint Use. See Article 4-10-7.

3. Single-Family Dwellings located within an R-1 District shall provide two (2)

spaces per unit. In addition, two spaces may be added in a front yard area, if

needed. Asphalt, concrete, base course or gravel must be installed for all

parking spaces. See Article 4-10-9. Curbing is required for use of gravel or base

course products to prevent spreading of the materials. A no charge building

permit is required for all additional parking space requests.

4. Multi-Family Dwellings located within an R-2 District shall be allowed two (2)

spaces per unit.

B. Retail Establishments

1. Small Volume Retail Sales: Stores that are three-thousand (3,000) square feet

or less in total floor area shall provide three (3) spaces per establishment, plus

an additional space for each four-hundred (400) square feet of gross floor space.

Examples are stores that sell carpet, cabinets, parts, shoes, clothing, furniture,

electrical supplies, plumbing supplies and similar items.

2. Larger Volume Retail Sales: Stores that are greater than three-thousand (3,000)

square feet in total floor shall provide one (1) space for each three-hundred

(300) square feet of gross floor space. However, a minimum of three (3) spaces

shall be provided. Examples are stores that sell large volumes of products such

as shopping centers, grocery stores or similar types.

3. Retail Sales of Vehicles, Heavy Equipment or Similar Large Products: These

types of businesses shall provide one of the following options:

a. One (1) space for each business vehicle plus one (1) space for each three-

hundred and fifty (350) square feet of gross interior floor space, or

b. Six (6) spaces plus one (1) space for each company employee.

c. The greater of these two options shall apply to this category.

d. Examples are sales of recreational vehicles, mobile homes, automobiles,

boats and similar businesses.

4. Storage Areas within a Retail Business: Any retail sales business that designates

more than twenty percent (20%) of the store’s available gross floor space

exclusively to storage of merchandise to be sold in the establishment, may

deduct this storage area from the total gross floor area that is used to calculate

their required parking spaces. However, no more than eighty percent (80%) of

the gross floor area used for storage in this scenario may be deducted from the

total in this calculation.

City of Rio Communities Chapter 4: Zoning Code

C. Entertainment Establishments and Restaurants

1. Any retail business that offers entertainment or food to the public shall provide

one (1) space for each one-hundred (100) square feet of gross floor area plus

one (1) space for each employee who is working during the establishment’s

peak hours of business or the largest shift on duty. Examples of such

establishments include theaters, dance halls, private clubs or lodges,

auditoriums, sports arenas, skating rinks, meeting halls and similar uses.

2. Any retail business that offers participatory recreational activities to the public

shall provide four (4) spaces for each alley, court or venue, plus one (1) space for

each employee who is working during the establishment’s peak hours of

business or the largest shift on duty. on the largest shift. Alley and Court Style

Entertainment: Examples of establishments include bowling alleys, basketball

courts, handball and tennis courts or similar uses.

3. Any retail business that offers beverages and or food to the public shall provide

one (1) space for each one-hundred (100) square feet of gross floor area plus

one (1) space for each two (2) employees who is working during the

establishment’s peak hours of business or the largest shift on duty. Examples of

such establishments include lounges, bars, donut shops, coffee shops, cafes,

restaurants and similar uses.

a. An establishment that has an outdoor patio area shall provide an additional

one (1) space for each two-hundred (200) square feet of patio area.

b. An establishment that has a drive-up window shall provide that the drive-up

lane is a minimum width of twelve (12) feet and a length that shall provide

for maximum traffic count so as to prevent overflow onto any public

thoroughfare. In short, no on-street waiting line is permitted.

D. Offices and Personal Service Businesses

1. Any Child Care Center, Nursery or Institutional Home shall provide one (1)

space per employee for each shift plus one (1) space for each ten (10) children

or residents when at maximum capacity.

2. Any Drive-Up Window Type Services establishment shall provide lane(s) that

are a minimum width of twelve (12) feet and a length shall provide for

maximum traffic count so as to prevent overflow onto any public thoroughfare.

No on-street waiting line is permitted.

3. Any business that offers a Professional Services shall provide one (1) space for

each two-hundred and fifty (250) feet of gross floor space. Examples of such

City of Rio Communities Chapter 4: Zoning Code

businesses include hairdressers, barbers, medical offices, dental offices or

similar uses.

4. Any Large Business Office shall provide one (1) space for each business owned

vehicle plus one (1) space for each three (300) square feet of gross floor area.

Examples of such businesses include utility companies, banks, telephone or

communication companies or similar uses.

5. Any Drive-In Bank shall provide one (1) space for each full-time employee and

shall fulfill the requirements for overflow as stated in Article 4-10-3(D)(2).

6. A Funeral Home shall provide one (1) space for each fifty (50) square feet of

floor area in funeral home plus one (1) space for every two (2) seating spaces in

the facility. A turn-around area must be provided to accommodate vehicles

associated with burial services.

7. Any Small Business Office shall provide two (2) spaces plus one (1) space for

each three hundred (300) square feet of gross floor area Examples of such

businesses include engineering, real estate, law offices or similar uses.

8. Any High-Volume Service Business shall provide one (1) space for each two

hundred (200) square feet of floor area. Examples of such businesses include

Self Service Laundry or similar uses

9. Any Low Volume Service Business shall provide one (1) space for each two-

hundred (200) square feet of floor space. Examples of such businesses include

equipment rental, repair shops, dry cleaning or similar uses.

E. Churches, Community Centers, Healthcare Facilities and Schools

1. A church shall provide one space for each four (4) seats in main assembly hall,

but only when at maximum capacity.

2. A Community Center shall provide one (1) space for every two-hundred (200)

square feet of floor area. Examples of such establishments include museums,

administration buildings, libraries, art galleries or similar uses.

3. Any Healthcare facility shall provide one (1) space for each two (2) beds plus

one (1) space for each employee who is working during the establishment’s

peak hours of business or the largest shift on duty.

4. A School shall provide one (1) space for each two-hundred (200) square feet of

floor area. Fifty percent (50%) shall be added to the school’s total floor area

City of Rio Communities Chapter 4: Zoning Code

calculation if the school has, on its premises, a gymnasium or auditorium.

Examples of such schools include a High School or Junior High School.

a. For any Elementary and Pre-school Facility, one (1) space for each

classroom plus one (1) space for each employee who is working during the

establishment’s peak hours of business or the largest shift on duty shall be

provided.

F. Warehouse, Manufacturing, Industry or Wholesale Establishments

1. Any Business whose primary function is the storage or warehousing of goods

for distribution shall provide one (1) space for each employee plus one (1)

space for each two thousand (2,000) square feet of area, up to a total of thirty-

five thousand (35,000) square feet. In addition, one (1) space, appropriately

sized, for each company-owned truck or vehicle shall be provided.

2. Any business whose primary function is the large-scale production of goods or

services shall provide one (1) space per employee that is equal to the largest

scheduled shift plus one (1) space, appropriately sized, for each company

owned vehicle or truck. In addition, one (1) space for each one-thousand

(1,000) square feet of floor area, up to twenty-thousand (20,000) square feet

shall be reserved and designated for Visitor Parking.

3. Any business whose primary function is the large-scale distribution of

wholesale goods or services shall provide one (1) space per each five-hundred

(500) square feet of floor area; provide one (1) space, appropriately sized, for

each company-owned truck or vehicle and shall designate and reserve one (1)

space for each one-thousand (1,000) square feet of floor area, up to twenty-

thousand (20,000) square feet for Visitor Parking.

4-10-4 HANDICAPPED PARKING

All parking within government, commercial and industrial properties shall comply

with:

A. The 2010 Standards for State and local governments that consist of the Title II

regulations at 28 CFR 35.151 and the 2004 American Disabilities Act Accessibility

Guidelines (ADAAG) at 36 CFR part 1191, appendices B and D;

B. The 2010 Standards for public accommodations and commercial facilities that

consist of the Title III regulations at 28 CFR part 36, subpart D, and the 2004

ADAAG at 36 CFR part 1191, appendices B and D.

City of Rio Communities Chapter 4: Zoning Code

C. The minimum number of designated handicapped parking spaces (in relation to

the total number of parking spaces within any given area), for all zones except R-1

Single Dwelling units shall be:

Total Spaces per Parking Lot Minimum Designated Handicapped Spaces

0 to 5 1

26 – 35 2

36 – 50 3

51 – 100 4

101 – 300 8

a. Than 300 8 + 1 for each additional fifty (50) spaces

Table 7

(ADA Minimum Requirements)

1. All Handicapped designated parking spaces shall be located as close as possible

to the nearest curb cut or access to entryway. Additional parking spaces to

meet the maximum need shall be provided in establishments that cater to

elderly, handicapped or very ill customers.

4-10-5 LOADING SPACE REQUIREMENTS

The Planning and Zoning Commission or the Code Enforcement Officer shall determine

the appropriate area necessary for determining the amount of space required for

loading functions.

4-10-6 ENLARGEMENT OR CHANGE OF USE

When the floor space of a building is enlarged by more than a ten percent (10%), the

new dimensions shall determine the appropriate number of parking spaces required.

4-10-7 JOINT USE

When businesses that are located close to each other choose to use the same parking

area, the number of spaces will be calculated by using the maximum number of

employees per shift for both companies and applying the formula for the type of

business that requires the most spaces. Approval must be obtained from the Planning

and Zoning Commission. A written agreement from all businesses must be submitted

with the request to the Planning and Zoning Commission.

4-10-8 PARKING SPACE SIZE

A. Each public parking space shall provide for the ingress and egress into a public

street by each automobile, without moving any other automobile.

City of Rio Communities Chapter 4: Zoning Code

B. Only R-1 Zoned property can ingress and egress to an alley.

C. All remaining property must ingress and egress to a public street or highway.

4-10-9 PARKING PLAN APPROVAL

Two sets of detailed plans showing all parking, entry points and exit points of the

property shall be submitted to the Planning and Zoning Commission as part of the

Building Permit approval package.

4-10-10 PARKING CONSTRUCTION STANDARDS

All parking spaces covered in the provisions of this Code shall:

A. Be paved with asphalt, concrete or base course per Building Permit specifications.

B. Have bumper guards per plans or directions of the Commission.

C. Contain aisle safety markings and necessary spaces.

D. Provide landscaping in compliance with Article 11 of this Code.

E. Meet adequate drainage requirements, including retaining all water on site. A

drainage plan must be included when parking spaces are in the path of normal

drainage or needed to retain water run-off. Two copies must be submitted with

request for Building Permit.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 11 STANDARDS FOR LANDSCAPING

4-11-1 PURPOSE

4-11-2 LANDSCAPE STANDARDS

4-11-3 LANDSCAPE LOCATION STANDARDS

4-11-4 LANDSCAPE REQUIREMENTS

4-11-5 LANDSCAPE PLAN

4-11-6 MAINTENANCE AND IRRIGATION

4-11-7 SCREENING

4-11-8 CLEAR LINE OF SIGHT TRIANGLE

4-11-1 PURPOSE

1. A. The City of Rio Communities desires to preserve and fully promote visually

attractive development of all land within the city limits. It is also the City’s

intention to improve environmental quality.

B. Landscaping shall follow and be maintained to the guidelines found within this

Article. Whenever possible, indigenous and drought tolerant plants should be

used.

C. The standards included are considered to be minimum acceptable for the project.

4-11-2 LANDSCAPE STANDARDS

A. New construction in R-1, R-2, C-1, C-2, C-3, I-1/I-2 and I-3 Zones shall contain a

landscaped area equivalent to ten percent (10%) of the total of all driveways,

access points, sidewalks and loading areas on the parcel. This rule also applies to all

new MH-1 subdivisions and MH-2 parks.

B. Any reconstruction or addition to R-1, R-2, C-1, C-2, C-3, I-1/I-2 or I-3 parcels with a

value of more than $100,000 shall require that the lots modified be brought up to

the minimum specifications in this Article.

4-11-3 LANDSCAPE LOCATION STANDARDS

A. A minimum of 50% of the landscaping shall be in the front of the building.

B. Lots with side streets shall have a minimum 25% of the landscaping in the front

yard and a minimum 25% on the side yard facing the side street.

City of Rio Communities Chapter 4: Zoning Code

4-11-4 LANDSCAPE REQUIREMENTS

A. Landscaping may consist of ground covers (e.g. low shrubs, flowers, grass, trees,

cactus, or native desert plants). Cottonwoods are not recommended.

B. All plantings shall have a system to reduce blowing sand (e.g. gravel, mulch,

decorative rock, bark or low water usage native grasses are examples).

C. Trees requiring excessive water (e.g. Chinese Elm, Mulberry, Russian Olive or Salt

Cedar) are not recommended.

4-11-5 LANDSCAPE PLAN

A. Landscaping plans are required for all Building Permits of new dwelling or business

construction, regardless of the complexity of the project.

B. A landscaping plan should be attached to the Building Permit.

4-11-6 MAINTENANCE AND IRRIGATION

A. Manual or automatic irrigation systems are appropriate to water plants. Drip

irrigation system is recommended to reduce evaporation.

B. Dead or dying plants will be removed and replaced before the next growing

season.

4-11-7 SCREENING

The use of thick shrubbery, walls, berms or sight-obscuring fences to minimize the

potentially adverse impact of one land use on another is optional. However, if used, all

screening:

A. Shall be at least three (3) feet in height, but shall not exceed six (6) feet in height;

and

B. Shall conform to the clear line of sight triangle requirements as stated in Section 4-

11-8; and

C. Shall not adversely affect the public or surrounding property owners, and

D. Shall be maintained, trimmed or otherwise kept in good repair.

City of Rio Communities Chapter 4: Zoning Code

4-11-8 CLEAR LINE OF SIGHT TRIANGLE

A. A triangle formed by the intersection of two curbs or the edge of a city maintained

roadway measured back from the intersection or roadway twenty-five feet along

the curb line or city roadway. A continuous unobstructed view of twenty-five (25)

feet in both directions of the intersection or roadway to a height of 3 feet or more

must be maintained.

B. All vegetation must be kept trimmed in order to keep this area open and free of

obstructions.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 12 OUTDOOR LIGHTING

4-12-1 PURPOSE

4-12-2 AUTHORITY

4-12-3 OUTDOOR (EXTERIOR) LIGHTING DEFINED

4-12-4 CONFORMANCE

4-12-5 EXEMPTIONS

4-12-6 VARIANCE

4-12-7 GENERAL REQUIREMENTS

4-12-8 LEGAL BASIS

4-12-9 PROTECT THE NIGHT SKY (DARK SKY)

4-12-1 PURPOSE

A. The Article is intended to permit adequate lighting that promotes public safety by

encouraging the use of outdoor artificial illuminating devices that will not impede

on astronomical observations resulting from the emission of undesirable light rays

into the night sky.

B. All outdoor lighting installations shall conform to the provisions of this Article and

all other related codes of the City, specifically the Uniform Building Code (UBC) as

amended and shall require permit and inspection.

4-11-2 AUTHORITY

The Night Sky Protection Act, NMSA 1978, § 74-12-2, regulates the use of “outdoor

night lighting fixtures to preserve and enhance the state's dark sky while promoting

safety, conserving energy and preserving the environment for astronomy.” Accordingly,

all exterior lighting shall comply with the New Mexico “Night Sky Protection Act” and

the specifications as stated within this Section.

4-12-3 OUTDOOR (EXTERIOR) LIGHTING DEFINED

Outdoor artificial illuminating devices, outdoor fixtures, lamps, spot or flood lights and

other devices, whether permanent or portable that are used for illumination or

advertisement. The application of such devices may be used for:

1. Building and structures

2. Recreational areas

3. Parking lot lighting

4. Landscape lighting

5. Billboards and other signage (advertising or other)

City of Rio Communities Chapter 4: Zoning Code

6. Street lighting

4-12-4 CONFORMANCE

A. This Section does not apply to interior lighting.

B. Any non-conforming outdoor fixture installed prior to and operable on the

effective date of this Code shall be removed or converted to a conforming fixture

when the existing fixture becomes inoperable or un-repairable.

C. The City may require an illuminating device that is non-conforming to be corrected

if the City determines that the non-conforming use is creating a nuisance glare or

disabling glare as defined in Section 4-12-7.

D. All existing outdoor lighting fixtures owned and maintained by any public utility

company within the City shall be required to remove or comply with the

“Night Sky Protection Act”, NMSA 1978, Section 74-12-1 et. seq., and this Section,

within 12 months from the enactment of this Code.

E. All new installations and modification or replacement to existing non-conforming

fixtures shall comply with the Section.

F. Compliance with this Section shall be administered and enforced by the City and

the Planning and Zoning Commission or designated City personnel.

G. In the event of a conflict with any other section of this article, the more stringent

requirement shall apply.

4-12-5 EXEMPTIONS

A. Traffic control signals and devices.

B. Outdoor lighting fixtures necessary for safety at schools and fire stations, to

include lighting for outdoor sporting events.

C. Street lights installed prior to the effective date of this Section.

D. Temporary emergency lighting (e.g., fire, police, repair workers) or moving vehicle

lights.

E. Navigation light or communications towers and flagpole displaying the United

States flag after sundown.

City of Rio Communities Chapter 4: Zoning Code

F. Seasonal light decorations

G. Special situations approved by the City for temporary or periodic events (e.g.,

concerts, fairs, festivals, fiestas, flee-markets, etc.)

4-12-6 VARIANCE Follow instructions in 4-18-9 and 4-18-10 for rules on posting and

notification. Any resident or business may submit an application to the Commission

for a variance from the requirements of this Section. Such request shall be in writing

and shall be approved only when it is determined that a deviation or variance clearly

demonstrates a need for enhanced security for personal property, business, or special

activities or events.

A. Each application shall state fully:

1. The circumstances and conditions relied upon as grounds for an exemption;

2. The circumstances and conditions by which strict application of the provisions

deprive the applicant of reasonable use of the land, building or outdoor light

fixtures; and

3. The grounds by which the granting of the administrative exemption will not be

injurious to the neighborhood or otherwise detrimental to the public, health,

safety or welfare, and

4. Include plans indicating the location, type, shielding device and height of

luminaires including both building and ground-mounted fixtures along with

manufacturer’s specification (e.g. photometric data, angle of light emission.

4-12-7 GENERAL REQUIREMENTS

The following general standards shall apply to all outdoor lighting installed after the

effective date of this Code adoption, except as stated above in Section 4-12-4.

A. All exterior lighting shall be hooded or shielded with no upward light escaping that

would contribute to light pollution.

1. A fully shielded illuminating device is one in which no light shall shine above the

highest part of the device where light is emitted.

2. A partially shielded illuminating device is one in which the light bulb is not

visible, but is shielded by a frosted, partly opaque or colored siding.

B. All exterior lighting shall be aimed downward onto the ground surface.

C. Existing fixtures may be adapted to comply with this Section by adding a properly

designed hood or shield, or by pointing any upward-mounted shielded fixture

downward toward the ground surface.

City of Rio Communities Chapter 4: Zoning Code

D. Any light falling onto adjacent property or street that results in nuisance glare or

disabling glare shall not be permitted. Light trespass beyond property boundaries

or above the horizontal plane shall be considered non-compliant.

E. Any outdoor lighting fixtures shall be designed, installed, located and maintained

such that glare onto other properties or streets shall be eliminated and all direct

illumination kept within the boundaries of the fixture owner’s property.

F. Direct light emissions shall not be visible above the roofline or beyond the building

edge.

G. Accent or landscape lighting shall be directed onto foliage or objects and not

toward the sky or onto adjacent properties.

H. Spotlighting on landscaping, foliage, and flagpoles shall be limited to 2600 lumens

output (150 watt incandescent). The lamp shall be shielded and not create

disabling or nuisance glare.

I. Rotating, flashing, moving or stationary beacons of light used for advertising

purposes or public events are prohibited.

J. Exterior light fixtures shall be limited to fifteen (15) feet in height from grade.

K. Where exterior lighting is used for security purposes or to illuminate walkways,

entrances, driveways, equipment yards and parking lots, outdoor shielded lights

shall be used.

L. This section shall be enforced on the basis of a formal complaint in writing with

the Planning and Zoning Department.

4-12-8 LEGAL BASIS

The legal basis for regulating the use of private property in the U.S. is based in the

common law concept of “nuisance” where persons are entitled to “use and

enjoyment” of their lands, so long as their acts do not interfere with the use or

enjoyment of another. Accordingly, this Light Code is intended to provide proactive

notice that certain “lighting” uses are prohibited or limited on the basis of the cross-

boundary impacts. Additionally, this Light Codes makes no effort to control lighting

design but only its effect.

4-12-9 PROTECT THE NIGHT SKY (DARK-SKY)

A. Title: This ordinance together with the amendments thereto, shall be known and

may be cited as the Dark Sky Ordinance.

City of Rio Communities Chapter 4: Zoning Code

B. Authority: The Planning and Zoning Commission shall have the authority to require

new lighting to ensure that such lighting shall meet the recommendations and

guidelines of this Ordinance.

C. Purpose: The general purpose of this Ordinance shall be to protect and promote

safety, while maintaining the ability to view the night sky, by establishing

regulations for exterior lighting. This Ordinance establishes standards for exterior

lighting in order to accomplish the following:

1. Protect against direct glare and excessive lighting

2. Promote safe roadways for motorists, cyclists and pedestrians

3. Protect the ability to view and enjoy the night sky

4. Allow for flexibility in the style of lighting

5. Provide lighting guidelines

6. Reduce excessive lighting in neighborhoods

D. Scope: All exterior lighting installed in any and all zoning districts in the City of Rio

Communities, after the effective date of this Ordinance, shall be in conformance

with the standards established by this Ordinance.

E. Review: The Planning and Zoning Commission shall consider the following

standards to ensure a balance of public safety to dark-sky viewing.

1. All exterior area lights, including street lights, parking area lights and landscape

lights shall be shielded to produce a down lit light pattern that shall not extend

beyond the owners parcel of land.

2. All non-essential exterior commercial and residential lighting should to be

turned off after business hours and/or when not in use. Motion sensor

activated lights are encouraged.

3. The average exterior foot-candle light level for new service stations shall not

exceed:

a. 1,750 lumens or 137 foot-candles when using 100 Watt incandescent

bulbs, or

b. 1,600 lumens or 125 foot-candles when using 23 Watt fluorescent light.

4. Upward Flagpole lighting is permitted.

5. Landscape lighting is allowed.

City of Rio Communities Chapter 4: Zoning Code

6. All radio, communication, and navigation towers that require lights shall have

dual lighting capabilities.

a. For daytime, only white strobe lights shall be used.

b. For nighttime, only red lights shall be used.

7. Neon lights are only permitted pursuant to the Sign Ordinance.

8. It is highly encouraged that solar powered lights be installed whenever

possible.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 13 SIGNS, WALLS AND FENCES

4-13-1 PURPOSE

4-13-2 GENERAL REGULATIONS FOR SIGNS

4-13-3 SIGN PERMIT

4-13-4 SIGN SAFETY

4-13-5 SIGN ILLUMINATION AND ANIMATION

4-13-6 LIMITATIONS ON ELECTRONIC MESSAGE SIGNS

4-13-7 SIGN REGULATIONS BY TYPE

4-13-8 NONCONFORMING SIGNS

4-13-9 SIGN EXCEPTIONS

4-13-10 POLITICAL SIGNS

4-13-11 WALL AND FENCE STANDARDS

4-13-1 PURPOSE

A. This Article is intended to provide regulations for the placement and orientation of

all signs, walls and fences that shall not hinder or obstruct the clear and free vision

of pedestrians or motorist in a manner that would create a traffic hazard.

B. This Article is also intended to standardize the design and construction of signs,

walls and fences within the boundaries of the City of Rio Communities in a manner

that provides privacy, maintains security and promotes aesthetic improvement to

property, while maintaining safety to the public.

4-13-2 GENERAL REGULATIONS FOR SIGNS

A. The location of any sign shall not be designed, erected or maintained, except in a

manner approved by the Planning and Zoning Commission.

B. Any sign mounted to a wall or building cannot project over the property line of

that wall or building.

4-13-3 SIGN PERMIT

A. Any billboard or sign to be erected within the City that exceeds one-hundred and

twenty-eight (128) square feet of area and that identifies or advertises a business,

product, service or trade shall first require an application for a sign permit,

submitted to the Commission for approval.

B. The application shall clearly state the proposed sign’s construction materials,

language, dimensions, location, its method for mounting and the desired length of

posting.

City of Rio Communities Chapter 4: Zoning Code

C. The Commission shall make a decision based on this ordinance. Approval, approval

with limitations or denial are options. Approval with limitations of the request or

denial are appealable to the City Council.

D. The code enforcement officer has the right to inspect any sign for compliance. The

owner of any non-compliant sign shall receive a citation. Normal procedures used

by the Code Enforcement Officer are followed.

4-13-4 SIGN SAFETY

A. Movable parts or audible devices are prohibited on any sign.

B. A sign shall not be erected along any street or highway that would obstruct the

clear vision of pedestrians or motorist in a manner that would create a traffic

hazard.

C. No sign shall be attached to any fire escape or standpipe or hinder in any way, the

free ingress to or egress from any fire escape, door or window.

D. No sign of more than three (3) feet high above the level of a street curb shall be

placed within a Clear Sight Triangle. A triangle formed by the intersection of two

curbs or the edge of a city-maintained roadway measured back from the

intersection or roadway twenty-five feet along the curb line or city roadway. A

continuous unobstructed view of twenty-five (25) feet in both directions of the

intersection or roadway to a height of 3 feet or more must be maintained.

E. The Clear Sight Triangle rule shall apply to any entrance or exit of a commercial

property.

F. There shall be a minimum of twelve (12) feet vertical clearance and a six (6) feet

horizontal clearance from overhead electric conductors and any other sign.

4-13-5 SIGN ILLUMINATION AND ANIMATION

A. The use of any Illumination devise (lighting) on a commercial sign that varies in

intensity, flashes or blinks excessively, revolves or appears to create motion is

prohibited.

B. The illumination source on any sign shall be concealed from direct view.

4-13-6 LIMITATIONS ON ELECTRONIC MESSAGE SIGNS

Programmable electronic signs are prohibited within residential districts but are

permitted elsewhere on condition they conform to the following:

City of Rio Communities Chapter 4: Zoning Code

A. No sign shall display animated messages, including flashing, blinking, fading,

rolling, shading, dissolving, or any other effect that gives the appearance of

movement.

B. No sign shall contain any audio message.

C. No sign message shall be displayed for a period of less than eight seconds.

D. Each sign message shall be a complete thought in itself and shall not scroll a

continued or subsequent sign message.

E. Signs shall utilize automatic dimming technology that adjusts the brightness of the

sign’s message relative to the ambient light, so that at no time shall a sign exceed

the brightness of the ambient light, as measured using a foot-candle meter.

1. Light measurements shall be taken with a foot-candle meter aimed directly at

the sign’s message face, or at the area of the sign emitting the brightest light, if

that area is not the sign’s message face.

4-13-7 SIGN REGULATIONS BY TYPE

A. For Sale or Rent

A sign that is used for the purpose of identifying or advertising the sale or rental of

any dwelling, apartment or real estate may be wall mounted or free-standing.

1. Such sign may be illuminated in accordance with the restrictions as stated in

Subsection 4-13-5(A) of this Article.

2. The location of any sign shall be erected within property lots lines, excluding

easements. See Subsection 4-13-2(B).

3. The sign shall not exceed five (5) feet in height and be more than twenty (20)

square feet in area.

B. On-Site Residential Business

Signs on the residential premises that identify or advertise a business, service or

trade within a residence shall:

1. Not be illuminated, and

2. Be limited to one (1) per dwelling unit, and

3. Not exceed three (3) feet in height, or

4. Be attached to the dwelling unit.

City of Rio Communities Chapter 4: Zoning Code

C. Off-Site Residential Business

Signs located off the residential premises that are used to identify, advertise or

direct people to a residential business, service or trade:

1. May be free-standing but shall not exceed twelve (12) feet in height.

2. May be mounted or attached to a building but shall not exceed the height of

that building.

3. May consist of two (2) signs when located on a frontage that is sixty (60) feet

or less. On a frontage that is more than sixty (60) feet, up to four (4) signs are

permitted.

4. May consist of smaller signs combined within a single frame. Such a sign shall

be counted as one (1) sign, but shall not exceed the height limit of twelve (12)

feet as cited in Subsection 4-13-6(C)(1).

5. May exceed one-hundred (100) square feet in area but shall be considered

special use and shall require the approval of the City Council.

6. May consist of two (2) signs when located on a property with two (2) streets of

frontage, with the optional second sign not to exceed fifty percent (50%) in

area of the first sign.

7. May be portable, including axle-mounted, but shall be limited to one (1) and

shall not exceed the total allowable square footage of any combined signs.

Placement of any portable sign shall not impede traffic or hinder pedestrian

flow and shall not be placed within six (6) of any street right-of-way or

intersection.

8. Except as stated above, the combination of any signs shall not exceed one-

hundred and twenty-eight (128) square feet in area.

D. Billboards

As billboards are defined as signs located on property other than that of the

business that advertises a product, service or trade, they are considered special

use by this Code and shall require approval by the City Council based on

recommendations by the Commission.

E. Temporary Signs

1. Construction Sign: A sign that designates a construction site shall not exceed

thirty-two (32) square feet in area and shall be removed no later than fourteen

(14) days after completion of construction.

City of Rio Communities Chapter 4: Zoning Code

2. 2.Real Estate: A sign that identifies the location and advertises any property

for sale or rent shall not exceed six (6) square feet in area and shall be

removed no later than ten (10) days after the property is either sold or rented.

3. 3.All Other Temporary Signs: A temporary sign except as expressly identified

above in Subsections 4-13-6(E)(1)(2)(3) shall be limited to one (1) sign per lot

or parcel and shall be prohibited if the sign:

a. Is erected on a public Right-of-Way or easement, or

b. Exceeds four (4) square feet in area, or

c. Is displayed more than three (3) consecutive days.

F. Advertising Signs

An advertising sign is defined as one that is located on any vacant private property.

Such advertising sign shall meet the following conditions:

1. The maximum height of any sign shall not exceed fifteen (15) feet.

2. The sign shall not exceed seventy-two (72) square feet in area on each side and

the sign shall not have more than two (2) sides.

3. The sign shall not be located within seventy-five (75) feet to an adjacent

dwelling nor located within twelve (12) feet of the nearest street Right-of-Way

in accordance with the Clear Line of Sight Triangle Rule. See Section 4-11-8.

G. Sign Removal

Any non-governmental sign where its function is to identify or advertise any event,

occurrence, business, product, service or trade shall be removed by the owner,

agent of person benefiting from the sign immediately after the termination of any

such function.

4-13-8 NONCONFORMING SIGNS

A. As determined by the Code Enforcement Officer, any non-conforming sign shall be

modified to conform to this Article within 10 calendar days of issuance of citation

or notification.

B. As determined by the Code Enforcement Officer, any sign that poses an immediate

hazard to public safety shall be removed immediately, until such time that the

Code Enforcement Officer determines the sign complies with this Article.

City of Rio Communities Chapter 4: Zoning Code

C. As determined by the Code Enforcement Officer, any sign that contains speech

that is obscene, defamatory, fraudulent, or contains fighting words, or speech that

incites criminal conduct is deemed as non-conforming and shall be removed

immediately.

4-13-9 SIGN EXCEPTIONS

Exemptions shall not be construed as relieving the owner of such signs from the

responsibility of complying with applicable provisions of this section or other laws or

regulations. The exemptions shall apply to the requirement for a sign permit and/or

removal of any advertising support structure (e.g. posts or framing), and no sign

permit or removal of any advertising support structure will be required for the

following signs:

A. Temporary signs, provided they are in compliance with the regulations herein;

B. Residential signs, provided they are in compliance with the regulations herein;

C. Signs not exceeding one (1) square foot of sign face and bearing only property

numbers, mailbox numbers or names of occupants of premises;

D. Flags and insignia of any government, except when displayed in connection with

commercial promotion;

1. American flags shall be displayed in accordance with Title 4 U.S. Code Chapter

1—The Flag.

E. Legal notices, identification information or directional signs erected by

governmental bodies;

F. Integral decorative or architectural features of buildings, except letters and

trademarks; and

G. Signs directing and guiding traffic and parking on private property but bearing no

advertising matter.

H. Advertising support structure on property purchased within the twelve (12)

months before, so long as the support structure is safely maintained.

4-13-10 POLITICAL SIGNS

A. All political signs erected or displayed within the city limits of Rio Communities,

shall adhere to the following:

1. Signs may not exceed six (6) square feet for each premise in a residential zone.

City of Rio Communities Chapter 4: Zoning Code

2. Signs erected in non-residential zones may not exceed thirty-two (32) square

feet for each sign. This includes mobile or portable signs.

3. Political signs may be erected no earlier than sixty (60) days prior to the

primary or general election to which is pertains, and they must be removed

within ten (10) days after the election or termination of candidacy, whichever

comes first.

4. Signs meeting the above criteria do not require permits from the City or Code

Enforcement.

B. Political signs placed upon a vehicle are allowed, provided that any vehicle with a

sign face over two (2) square feet is not conspicuously or continually parked in such

a manner so as to constitute a sign. The vehicle must be used for bona fide

vehicular purposes (daily and normal driving to and from locations, with no intent

to deceive).

C. Political signs shall not be placed in the public right-of-way including street

medians, sidewalks or utility poles.

D. Political signs shall not encroach upon the clear sight triangle at street

intersections. See Appendix A- Definitions.

4-13-11 WALL AND FENCE STANDARDS

A. General Construction

Any and all materials used in the construction of any residential or commercial

fence, other than organic vegetation, shall comply with materials as expressly

approved by any certified fencing manufacture, or fencing association or fencing

institute. The Planning and Zoning Commission shall have final approving authority

to any wall or fence that deviates, differs, or does not comply with these

standards. Such certified fencing organizations include, but are not limited to:

1. The American Fence Association; or

2. The Chain Link Fence Manufacturers Institute; or

3. The Vinyl Fencing Manufactures.

B. Wind Loads

All walls or fences, whether for residential or commercial use shall conform to

wind load standards in accordance with the American Society of Civil Engineers’

(ASCE) Minimum Design Loads for Buildings and Other Structures, Standard

ASCE/SEI 7-10.

C. Residential Heights

City of Rio Communities Chapter 4: Zoning Code

Any residential wall or fence shall not exceed eight (8) feet in height above ground.

The wall or fence may be erected and located anywhere in a residential yard, but it

shall be in accordance with Line of Sight Triangle Rule as identified in this Code.

Note: Refer to CID rules on building codes. A building permit is required for fences

or walls more than 6 feet in height.

D. Line of Sight Triangle Rule for Walls and Fences

Any wall or fence must not violate the line of sign sight rule. A triangle formed by

the intersection of two curbs or the edge of a city maintained roadway measured

back from the intersection or roadway twenty-five feet along the curb line or city

roadway. A continuous unobstructed view of twenty-five (25) feet in both

directions of the intersection or roadway to a height of 3 feet or more must be

maintained.

E. Retaining Wall

Any wall or structure for the express purpose of retaining more than four (4) feet

of soil or earth shall be designed, stamped and signed by a professional engineer,

registered and licensed to practice in New Mexico. A copy of the retaining wall’s

engineered design and specifications shall be kept on file with the City Clerk.

F. Commercial or Industrial

Any wall or fence on a commercial or industrial property may be located

anywhere on the property and may be up to eight (8) feet in height but shall

comply with the Line of Sight Triangle Rule as specified in this Code.

G. Swimming Pools

All swimming pools, whether public or private shall be completely enclosed by a

wall, fence or barrier at least five (5) feet in height. Uniform Swimming Pool, Spa

and Hot Tub Code 17.46.050.

H. Electrified Wall or Fence

Any wall, fence or barrier that has an attached component, wire, or element that

produces an electrical field is permitted only in a Planned Development (PD) zone

or by special use permit, pending review and approval by the Commission.

I. Public Right-of Way

Any wall, fence or barrier is prohibited in a public Right-of-Way.

J. Barbed Wire

1. Barbed wire attached to any wall, fence or barrier shall be at least six (6) feet

above the highest adjacent ground surface.

City of Rio Communities Chapter 4: Zoning Code

2. The use of barbed wire in any residential zone, whether attached to any wall,

fence or barrier or unattached is prohibited.

3. The use of barbed wire in a Planned Development (PD) zone, when attached to

a wall, fence or barrier is permitted.

K. Mobile Home Parks

Any wall, fence or barrier installed around the perimeter of a Mobile Home Park

(MH-2) shall be at least six (6) feet in height.

L. Other

Any wall, fence or barrier, when located in a residential side or rear yard or when

used to surround a tennis, basketball, handball or other recreational area, shall not

exceed sixteen (16) feet in height and shall be located at least seven (7) feet from

any property line.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 14 ANNEXATION

4-14-1 ANNEXATION METHODS

ANNEXATION PROCEDURES

4-14-3 PLANNING AND ZONING COMMISSION RECOMMENDATIONS

4-14-4 CITY COUNCIL DECISION

4-14-5 POSTING AND NOTIFICATIONS

4-14-6 RESUBMISSION OF ANNEXATION APPLICATIONS

4-14-7 PROTEST PETITIONS

4-14-8 APPROVAL CRITERIA

4-14-9 ADDITIONAL APPLICATION REQUIREMENTS

4-14-10 ANNEXATION AGREEMENTS

4-14-1 ANNEXATION METHODS

A. Any request or proposal for annexation of territory to the City of Rio Communities

shall be filed and processed concurrently with an application for an amendment to

the Rio Communities Zoning Map as provided in this Code.

B. Zoning within annexed areas must be consistent with contiguous zoning, or must

be in accordance with the Comprehensive Plan of the City of Rio Communities.

C. Methods for annexing territory shall either be through:

1. Arbitration, pursuant NMSA 1978, Sections 3-7-5 through 3-7-10, wherein the

governing body may annex contiguous territory; or

2. A Commission, pursuant to NMSA 1978, § § 3-7-11 through 3-7-16, wherein

the municipality petitions an Independent Municipal Boundary Commission

(see NMSA 1978, § § 3-7-7 through 3-7-9 for the establishment of a Municipal

Boundary Commission), to annex territory to the municipality; or a majority of

the landowners of the territory proposed for annexation, petition the

Municipal Boundary Commission to annex the territory to the municipality; or

3. “Pursuant to NMSA 1978, §3-7-17, a petition signed by the owners of a

majority of the number of acres in the contiguous territory for annexation shall

be presented to the governing body for approval or rejection.”

D. Zoning designation for newly annexed parcels shall be commensurate with the

size, intent and purpose of established zoning designation unless otherwise

classified by re-zoning.

City of Rio Communities Chapter 4: Zoning Code

4-14-2 ANNEXATION PROCEDURES

A. Application and Petition: All annexation requests by petition by the landowners

shall be accompanied by a letter of application, plat of the area proposed for

annexation, a site plan or concurrent re-zoning application, or both, for the area

proposed for annexation; a proposed annexation agreement and other supporting

materials required by the planning and zoning commission, and shall meet all

other requirements of section 3-7-11 NMSA 1978. When the City is the petitioning

landowner, a map showing the City-owned land to be annexed may be submitted

in lieu of a plat.

B. In the case of an annexation request by petition of landowners brought by the

municipal boundary commission method, the petition must conform to the

requirements listed in item [A] above as well as those set forth in section 3-7-13

NMSA 1978.

C. When an annexation is initiated by the governing body under the arbitration or

municipal boundary commission methods, the governing body shall provide the

information required by sections 3-7-5 and 3-7-13 NMSA 1978, respectively. In

addition, the following shall apply:

1. When annexation is initiated to consolidate City boundaries or services, a plan

demonstrating how such consolidation will take place shall be provided; and

2. When annexation is proposed for purposes other than consolidation of City

boundaries or services, a site plan shall be provided.

4-14-3 PLANNING AND ZONING COMMISSION RECOMMENDATIONS

A. All proposed petition-method annexations shall be submitted to the Planning and

Zoning Commission for review and recommendation at a public hearing based on

the approval criteria set forth in Subsection 4-14-8 of this Article. In the course of

the review, the Commission shall make complete findings of fact on all

applications. The Commission shall not rule on the economic feasibility of any

development proposed in an annexation master plan.

B. The Commission shall transmit the application to the City Council, together with a

recommendation based on criteria in Subsections 4-14-3 & 4-14-4 of this Article,

as to approval, disapproval, desirable changes and special conditions and

safeguards.

C. If the Commission does not act on a request for annexation application review

within ninety (90) days after submission, the applicant may request review of the

proposed annexation by the City Council.

City of Rio Communities Chapter 4: Zoning Code

4-14-4 CITY COUNCIL DECISION

A. Before taking action on any proposed petition-method annexation, the City

Council shall hold a public hearing. After reviewing the Planning and Zoning

Commission’s report, if any, the recommendation of the Commission and any

evidence obtained at the hearing, the City Council shall take final action to

approve, approve with conditions or deny the proposed annexation.

B. When a proposed petition-method annexation has failed to receive the

recommended approval of the Commission, the annexation shall not be approved

by the City Council except by a majority vote of all the members of the City

Council.

4-14-5 POSTING AND NOTIFICATIONS

Follow rules listed in 4-18-9 and 4-18-10 for notification and posting.

A. The City shall submit each annexation petition to the board of County

Commissioners as required by section 3-7-17.1 NMSA 1978.

B. The City shall notify the school board about the public hearing date for all petition-

method annexations over twenty-five (25) acres at least fifteen (15) days in

advance of the hearing.

C. The City shall notify the County Planning and Zoning Department of all annexations

approved by the City.

4-14-6 RESUBMISSION OF ANNEXATION APPLICATIONS

Once an application for an annexation has been denied by the City Council after public

hearing, a like or similar application for the same property shall not be filed within

twelve months from the date of denial by the City Council, unless the applicant can

establish before the Planning and Zoning Commission that there has been a

substantial change in conditions and circumstances surrounding the request that

would warrant a reconsideration of the matter.

4-14-7 PROTEST PETITIONS

If the owners of twenty percent (20%) or more of the land included in the area, or

within one-hundred (100) feet, excluding public rights of way, of the area proposed to

be changed by an annexation, protest in writing, the proposed petition-method of

annexation shall not become effective unless it is approved by a majority of all the

members of the City Council.

City of Rio Communities Chapter 4: Zoning Code

4-14-8 APPROVAL CRITERIA

A. The Planning and Zoning Commission and the City Council shall review all petition-

method annexation proposals on the basis of the following criteria. The reviewing

entities must make complete findings of fact sufficient to show that the criteria

provided in this section have been met before recommending or approving any

annexation:

1. The proposed annexation is within the urban area boundary;

2. Generally, the area to be annexed provides a consolidation of City boundaries

and service areas; provided that allowance shall be made for those properties

that are prohibited further that in all cases the proposed annexation must be

contiguous with existing City boundaries;

3. A proposed development should not impose an economic burden on citizens or

result in an indirect subsidy of services by the City. Specifically, evidence shall

be provided by the applicant that the existing infrastructure; public facilities,

including fire stations and parks; and operating services, such as ongoing

garbage collection, police and fire, can accommodate the impacts of the

proposed development.

4. The amount and proposed use for the land to be annexed is consistent with the

City’s policies regarding the provision of land sufficient to meet the amount,

rate and geologic location of growth of the City. It is recognized that the City

does not have an obligation to annex land if it is determined as a matter of City

policy and the inventory of land, by land use category, is adequate to meet the

projected absorption rates of the City for housing and other purposes for a

specified number of years as set forth in that policy; and

5. Boundaries or services or is within the confines in the comprehensive plan.

4-14-9 ADDITIONAL APPLICATION REQUIREMENTS

A. If the accommodation of the impacts of development cannot be demonstrated to

the City’s satisfaction as to the assumptions, methodology and data:

1. The applicant and the City shall negotiate to offset the increased infrastructure

expansion; the applicant may be required to contribute a proportional fair share

of the cost of expansions.

2. The City shall deny the annexation.

City of Rio Communities Chapter 4: Zoning Code

B. When the annexed area creates a need for additional major public infrastructure

expansion, the applicant may be required to contribute a proportional fair share of

the cost of expansions.

4-14-10 ANNEXATION AGREEMENTS

A. For all landowner petition-method annexations, an annexation agreement shall be

entered into between the City and the applicant.

B. Annexation agreement shall be recommended by the planning and zoning

commission to the governing body and adopted by the governing body as part of

the ordinance setting forth the boundaries of the annexed area.

C. The agreement shall include, as appropriate:

1. A list of property owners;

2. Reference to the way in which the annexation is in conformance with the

Comprehensive Plan;

3. Provision for necessary off-site facilities;

4. Designation of land uses;

5. A phasing and staging plan;

6. Land to be dedicated to the city;

7. Impact fees;

8. Provision of city services, including fire and police protection, wastewater

collection and sewer services, refuse disposal and street and road

improvements;

9. Site design;

10. Archaeological site protection;

11. Provision of parks and open space and other items as agree to by the city and

the applicant; and

12. Provision of water, consistent with adopted policies of the City, shall be

addressed.

City of Rio Communities Chapter 4: Zoning Code

D. A revised annexation agreement must be approved if the master plan approved as

part of the annexation application becomes invalid and a new master plan is

approved.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 15 AMENDMENTS TO ZONING CODE AND MAPS

4-15-1 MAP INTERPRETATION

4-15-2 ZONING AND MAP AMENDMENTS

4-15-3 PROTESTS AND APPEALS TO AMENDMENTS

4-15-1 MAP INTERPRETATION

Where uncertainty of boundaries of zones or overlays on the official Zoning Map

exists, the following rules shall apply:

A. Boundaries indicated as approximately following the centerlines of roads shall be

construed to follow the lines; provided however, that where the centerline of a

road as built, lies outside the road line, the zone boundary shall be deemed to

follow the centerline of the road as built;

B. Boundaries indicated as approximately following the parcel lines shall be

construed as following the parcel lines;

C. Boundaries indicated as approximately following the city limits shall be construed

as following the city limits;

D. Boundaries indicated as following railroad lines shall be construed to the midway

between the main tracks;

E. Boundaries indicated as approximately following the centerlines of rivers,

acequias, ditches, reservoirs or other bodies of water shall be construed to follow

the centerlines of those bodies of water;

F. Boundaries indicated as parallel to, or extensions of, features listed in divisions (1)

through (5) above shall be construed to follow those features. Distances not

specifically indicated on the official zoning map shall be determined by the scale of

the map;

G. 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 by

divisions (1) through (5) above, the Commission shall interpret the zoning

boundaries; and;

H. Where a zoning boundary divides a parcel which was in single ownership at the

date of adoption of this chapter, the Commission may, upon application by the

landowner and pursuant to the process provided by (Article 4 – Quasi-legal

changes), permit readjustment of that zoning boundary a maximum distance of

City of Rio Communities Chapter 4: Zoning Code

100 feet in any direction on the parcel, provided that the landowner shall

demonstrate the following:

1. The boundary readjustment is consistent with the comprehensive plan map

designation existing on the parcel;

2. The predominant zone includes at least 55% of the subject property, and the

readjustment will not reduce in area the predominant zone which exists on the

subject property.

3. The boundary readjustment shall follow existing or proposed property lines,

public roads or acequias; and

4. That the boundary readjustment shall result in a single zone for the existing

parcel or proposed parcels.

4-15-2 ZONING AND MAP AMENDMENTS

Follow instructions in 4-18-9 and 4-18-10 for rules on posting and notification.

A. Amendments to either the Code or Map may be initiated by the Commission,

Council, a private land owner or a government agency.

B. After receiving a request for change, the Planning and Zoning Commission shall

convene a hearing with the person making the request. The Commission will

consider all aspects of the request and balance the need for change against the

impact on the Comprehensive Plan. This recommendation will be brought to a

Public Hearing and ultimately to the Council for a decision. The Council may

amend, repeal or supplement any portion of the Code or Map.

C. Requests for change of either the Code or Map by a land owner will be forwarded

to the City Planning and Zoning Commission. All pertinent data must be enclosed

with the request. Additional information may be requested by the Commission. A

face to face meeting with the Planning and Zoning Commission will be scheduled

and will serve to enhance their understanding of the impact of the request. A

written response to the City Council will occur and a request to conduct a Public

Hearing on the request.

D. Fees for changes to the Zoning Map shall be charged to the party making the

request.

E. Requests for a change in the text of the ordinance shall be accompanied by a

deposit that will be returned pending approval of the change by the Council. If the

Council does not approve the change, the fee shall not be returned.

City of Rio Communities Chapter 4: Zoning Code

4-15-3 PROTESTS AND APPEALS TO AMENDMENTS

A. The City Council has the final authority for all amendments to the Zoning Code or

Zoning Map.

B. All meetings, hearings, appeals, or petitions to the district court shall be in

accordance with Article 18 of this Code.

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 16 CELL TOWER/ANTENNA REGULATIONS

4-16-1 PURPOSE

4-16-2 AUTHORITY

4-16-3 EXEMPTIONS

4-16-4 PERMITS AND APPLICATION

4-16-5 LOCATION/CO-LOCATION

4-16-6 DIMENSIONAL REQUIREMENTS

4-16-7 SETBACKS

4-16-8 LIGHTING, SIGNAGE, SECURITY, ACCESS AND EQUIPMENT SHELTERS

4-16-9 MAINTENANCE, MONITORING AND HAZARDOUS WASTE

4-16-10 ABANDONED, DISCONTINUED OR REMOVAL

4-16-11 APPEALS

4-16-12 SMALL CELL TOWER (SEE SEPARATE ORDINANCE – “SMALL CELL TOWER”)

4-16-1 PURPOSE

The purpose of this Code is to establish balanced regulations for the siting of

personal wireless service facilities within the City of Rio Communities. The

requirements of the Ordinance are intended to:

A. Provide for siting of personal wireless service facilities while avoiding potential

damage to abutting properties;

B. To minimize any adverse impact on sensitive environmental areas as designated by

the Department of Inland Fisheries and Wildlife;

C. To maximize the use of approved or preexisting sites within the coverage area to

reduce the number of personal wireless service facilities needed to serve the

community; and

D. To maintain to the greatest extent possible, the character of the existing site.

E. To accommodate the communication needs of residents and businesses, while

protecting the public health, safety and general welfare of the community.

4-16-2 AUTHORITY

Authority is established under Title 47 (U.S. Code), the Federal Communications

Commission (FCC), the National Telecommunications and Information Administration

(NTIA) and all federal and state regulations.

A. Whenever a provision of this Ordinance conflicts with or is inconsistent with any

other City ordinance or standard, the more restrictive provision shall apply.

City of Rio Communities Chapter 4: Zoning Code

4-16-3 EXEMPTIONS

A. Amateur (Ham) radio stations licensed by the FCC.

B. Parabolic antennas of 10 feet or less in diameter that are an accessory use of the

property.

C. Maintenance or repair of a personal wireless service facility and existing

equipment provided there is no change in the height or other dimensions of the

facility.

D. Temporary personal wireless service facility in operation for a maximum period of

30 (thirty) days.

E. Residential antennas that are an accessory to a residential dwelling unit, such as a

television or radio antenna.

4-16-4 PERMITS & APPLICATION

A. No person shall place, construct, erect, or expand a wireless service facility unless

a permit has first been obtained from the City of Rio Communities Planning and

Zoning Commission.

B. An application for a personal wireless service facility siting permit shall be in

accordance with all applicable FCC regulations and the New Mexico Construction

Industries Division.

C. An application for a personal wireless service facility siting permit must include the

name, address, and telephone number of the applicant and any co-applicants,

including landowners, as well as agents for the same.

D. The applicant shall bear all costs incurred by the application process. A non-

refundable application fee per the City’s fee schedule shall be assessed for each

proposed personal wireless service facility, payable to the City of Rio Communities.

4-16-5 LOCATION/CO-LOCATION

A. Applicants seeking approval for siting of new personal wireless service facilities

shall first evaluate the suitability of existing structures or approved sites. Only after

finding that there are no suitable existing structures or approved sites for co-

location, shall a provider propose a new ground mounted facility. Personal

wireless service facilities that may be suitable for co-location include but are not

City of Rio Communities Chapter 4: Zoning Code

limited to buildings, water towers, flag poles, telecommunication facilities, utility

poles or existing personal wireless service facilities and related facilities.

B. The applicant shall have the burden of proving that there are no co-location

opportunities that are suitable to locate its personal wireless service facility.

C. The applicant and owner shall allow other future wireless service carriers, using

functionally equivalent personal wireless technology to co-locate antennas,

equipment and facilities on the personal wireless service facility they are

proposing, unless satisfactory evidence is presented and the Commission concurs

that technical constraints prohibit co-location. In addition, space shall be provided

at no charge to public agencies that benefit the City; namely police, fire,

ambulance, communication and highway, including Internet access if requested at

the time of review of the application by the Commission and as determined to be

appropriate by the Commission.

4-16-6 DIMENSIONAL REQUIREMENTS

A. The height of any proposed personal wireless service facility shall not exceed one-

hundred fifty (150) feet. The Commission may consider a request to add up to

thirty (30) additional feet to the facility at a later date. At that time the applicant

must provide the Commission with proof that the additional height is needed to

accommodate an additional contracted tenant, as well as evidence of an

acceptable design and co-location.

B. Subject to approval of a Commission permit, new personal wireless service

facilities that are located on water towers, electric transmission and distribution

towers, utility poles and similar existing utility structures, guyed towers, lattice

towers, masts, and monopoles, may be increased in height, but in no event shall

the resulting height be more than one-hundred fifty (150) feet.

4-16-7 SETBACKS

A. All personal wireless service facilities, guys and accessory facilities shall be setback

from any residences or property lines by a minimum of 125% (percent) of the

height of the facility; however, it may not be closer than 300 feet of a structure

located on abutting property without written consent of the abutting property

owner.

B. All personal wireless service facilities shall be galvanized steel or finished in a

neutral color so as to reduce visual obstructiveness.

City of Rio Communities Chapter 4: Zoning Code

C. When a personal wireless service facility extends above the roof height of a

building on which it is mounted, every effort shall be made to conceal or

camouflage the facility within or behind existing or new architectural features to

limit its visibility from public ways.

4-16-8 LIGHTING, SIGNAGE, SECURITY, ACCESS ROADS AND EQUIPMENT SHELTERS

A. Personal wireless service facilities shall not be artificially lit, except for manually

operated emergency lights for use when operating personnel are on site.

B. A security fence or wall of not less than eight (8) feet in height from the finished

grade shall be provided around the tower. Access to the tower shall be through a

locked gate.

C. No advertising signs or signage is permitted on personal wireless service facilities,

except for signs that are needed to identify the property and the owner and to

warn of potential hazards.

D. Road access to the personal wireless service facility shall be limited to a single

roadway, which must be designed to harmonize with the topographic and natural

features of the site by minimizing filling, grading, excavation, or similar activities

which result in unstable soil conditions and soil erosion. The access roadway must

follow the natural contour of the land and should not involve excessive grading or

tree removal. Curvilinear roads shall be used as access roads to prevent direct line

of site from the town road access point to the tower site. Existing vegetation

should be maintained to the extent practical. All practical steps must be taken to

prevent a visible scar up or across a ridge-line.

E. The base of the tower shall not be located in a wetland, floodplain or drainage

area.

F. At the site, the design of the facility and accessory structures shall use materials,

colors; textures, screening and landscaping that will blend the personal wireless

service facility to the natural setting as much as possible. The required security

fence shall also use materials that blend in to the natural setting as much as

possible. The Planning and Zoning Commission will determine if the style of

fencing and/or landscape buffer is compatible with the surrounding area.

4-16-9 MAINTENANCE, MONITORING AND HAZARDOUS WASTE

A. Maintenance

The owner and/or operator of the personal wireless service facility shall maintain

the structure in good condition. Such maintenance shall include, but is not limited

City of Rio Communities Chapter 4: Zoning Code

to, painting, structural integrity of the mount and security barrier, any buffer

areas, fencing and landscaping.

B. Monitoring

1. On an annual basis, the personal wireless service facility owner shall provide

the City with evidence of compliance with federally mandated safety levels for

radio frequency electromagnetic fields and radio frequency radiation exposure

levels, to include copies of any reports filed with the FCC.

2. The personal wireless service facility owner shall arrange for a licensed

structural engineer to conduct regular inspections of the personal wireless

service facility’s structural integrity and safety at least every five years. A

report of the inspection results shall be submitted to the Commission.

C. Hazardous Waste

1. No hazardous waste shall be discharged on the site of any personal wireless

service facility.

2. If any hazardous materials are to be used on site, there shall be provisions for

full containment of such materials and the owner or operator of the personal

wireless services facility shall comply with all local, state and federal laws,

codes, rules regulations, orders and ordinances in the handling and disposal of

such materials.

4-16-10 ABANDONED, DISCONTINUED OR REMOVAL

A. A personal wireless service facility that is not operated for a continuous period of

twelve (12) months shall be considered abandoned.

B. The City shall notify the owner of an abandoned facility in writing, via certified

mail, return receipt requested, ordering the removal of the facility within 180 days

of receipt of the written notice.

C. The owner of the facility shall have thirty (30) days from the receipt of the notice

to demonstrate to the City that the facility has not been abandoned.

D. If the owner fails to show that the facility is not abandoned, the owner shall have

one-hundred fifty (150) days to remove the facility.

E. If the facility is not removed within that time period, the City shall remove the

facility at the owner’s expense and the City may draw upon the bonded mover to

defray the costs of removal of the facility.

City of Rio Communities Chapter 4: Zoning Code

F. Removal shall include, but not be limited to, antennas, mounts, equipment

shelters and security barriers.

G. The owner of the facility shall pay all site reclamation costs deemed necessary and

reasonable to return the site to its pre-construction condition, including the

removal of roads, and reestablishment of any vegetation.

4-16-11 APPEALS

A. Any person aggrieved by a decision of the Commission under this Code may appeal

the decision as an administrative appeal within thirty (30) days after receipt of the

notification. See Section 4-18-6 for process and procedure.

B. Administrative appeals submitted under this Code shall be subject to the

standards and procedures established by the City of Rio Communities. See Article

4-18-6.

4-16-12 SMALL CELL TOWERS (SEE SEPARATE ORDINANCE TITLED “SMALL CELL TOWERS”)

City of Rio Communities Chapter 4: Zoning Code

ARTICLE 17 SOLAR AND WIND TURBINES

4-17-1 PURPOSE

4-17-2 DESIGN STANDARDS

4-17-3 RESTRICTIONS

4-17-4 COMPLIANCE

4-17-5 ENVIRONMENTAL IMPACT

4-17-6 SOLAR ENERGY COLLECTION SYSTEMS

4-17-7 WIND TURBINE ENERGY COLLECTION SYSTEMS

4-17-1 PURPOSE

The purpose of this Article is to encourage safe and effective use Alternative Energy

Producing Systems (e.g. solar and wind turbines) for both residential and commercial

applications; and establish minimum requirements for the placement, construction,

and modification of these systems and related support equipment.

4-17-2 DESIGN STANDARDS

A. Building Permit

A building permit shall be required for all Alternative Energy Systems. Applications

shall be submitted to the Commission for review and approval. All applications

shall include the following documentation:

1. Engineered Drawings: A complete set engineered drawings, stamped and

signed by a professional engineer, registered and licensed to practice in New

Mexico, of the Alternative Energy System that clearly details the tower, base,

footings, supports, and foundation as provided by the manufacturer. The

engineered drawings shall include production capacity of Alternative Energy

Systems and wind loads for Wind Energy Systems.

2. Site Plan: The site plan shall include a date, North arrow and appropriate scale

and dimensions to reflect adequately the details necessary to describe the

proposed location and use; locations of surrounding structures, existing

property lines, fences, public or private rights-of-way, public roads, and all

utilities (both buried and overhead).

3. Utility Notification: The building permit application shall include

documentation that the relevant electric utility company has been informed of

the customer’s intent to install an interconnected customer-owned generator.

Off-grid systems shall be exempt from this requirement.

4. Fire Department Approval: The building permit application shall include

documentation of review and approval by the Rio Communities Fire

Department in accordance with International Fire Code.

City of Rio Communities Chapter 4: Zoning Code

4-17-3 RESTRICTIONS

A. The energy (power) produced by any solar collection system (photovoltaic)

erected on a residential or business property shall be used exclusively for that

resident or business and shall not be “sold” to another resident or business except

Public Service of New Mexico (PNM) or similarly regulated New Mexico Public

Utility Company.

B. No Wind Turbine Energy Collection System shall be erected on any residential or

business property that is within three-thousand (3,000) feet in line of sight to any

other residential or business property.

4-17-4 COMPLIANCE

A. It shall be unlawful for any person to construct, install, alter or operate an

Alternative Energy System that is not in compliance with this ordinance or with

any condition contained in a building permit issued pursuant to this Code.

B. The construction and operation of any Alternative Energy Systems shall be

consistent with all applicable federal, state and local requirements, including all

applicable safety, construction, building, environmental, electrical, FCC

communications and FAA aviation requirements. Alternative Energy Systems shall

comply in all respects with building and electrical codes contained in the

International Building Code, New Mexico Construction Industries Division and

National Electric Code as adopted by the City of Rio Communities.

C. All Alternative Energy Systems shall be designed to be compatible with the

character of the surrounding neighborhood.

4-17-5 ENVIRONMENTAL IMPACT

A. Clearing of natural vegetation shall be limited to that which is necessary for the

construction, operation, and maintenance of the Alternative Energy System and is

otherwise prescribed by applicable laws, regulations and ordinances.

B. Once the system is operational, any land that has been disturbed and is not

necessary for the functioning of the system shall be reclaimed with natural

vegetation immediately.

4-17-6 SOLAR ENERGY COLLECTION SYSTEMS

The installation of any solar energy collection system shall comply with NMSA 1978, §

City of Rio Communities Chapter 4: Zoning Code

100

3-18-31(Municipal Restriction on Solar Collectors) and NMSA 1978, § § 4-55C-1

through 8 (Solar Energy Improvement Special Assessment Act).

A. Roof Mounted Solar Energy Collection Systems

1. All residential roof mounted solar energy collections systems shall comply with

the maximum height requirements in the applicable zoning district. Where

maximum height is measured at the midpoint between eaves and roof peak

and where the roof peak exceeds the maximum building height, the Solar

Energy Collection System shall not exceed the height of the roof peak.

2. Roof-mounted Solar Energy Collection Systems shall be flush-mounted and

parallel to the roof surface to the extent possible. Solar Energy Collection

Systems may be bracket mounted or tilted on flat or pitched roofs to improve

efficiency, but shall have at least one (1) side of the array within twelve (12)

inches of the roof surface.

B. Passive Or Building-Integrated Solar Energy Collection Systems

Passive or Building-Integrated Solar Energy Collection Systems are exempt from

the requirements of this section and shall be regulated as any other building

element.

C. Ground-Mounted Solar Energy Collection Systems

1. Ground-mounted Solar Energy Collection Systems shall not exceed fourteen

(14) feet in height.

2. Ground-mounted Solar Energy Collection Systems in Residential zoning

districts shall be limited to the side or rear yard, shall be treated as accessory

structures and shall adhere to all applicable setback requirements.

Additionally, all such systems shall have a protective barrier or fence five (5)

feet in height around the yard, lot or collection area.

3. Ground-mounted Solar Energy Collection Systems in non-residential zoning

districts shall be limited to the side or rear yard and shall not encroach into any

required setback. Additionally, all such systems shall have a protective barrier

or fence at least six (6) feet in height around the yard, lot or collection area.

4. All exterior electrical and/or plumbing lines shall be placed in a conduit, marked

and buried below the surface of the ground in accordance with applicable

codes. Electrical lines may be placed overhead but only near points of

interconnection to the electric grid.

City of Rio Communities Chapter 4: Zoning Code

101

4-17-7 WIND TURBINE ENERGY COLLECTION SYSTEMS

A. Height Requirements

1. The height of Small Wind Energy Systems shall not exceed eighty (80) feet,

measured at the highest point of the turbine blade or other component. In

Agricultural or Manufacturing zones, the Small Wind Energy System shall not

exceed one-hundred and twenty (120) feet.

2. If the Small Wind Energy System is attached to a building or structure, this

measurement shall include the height of the building or structure.

3. The Small Wind Energy System shall comply in all respects with Federal

Aviation Regulations Part 77, and any other applicable Federal Aviation

Administration requirements.

B. Minimum Blade Height

The minimum height of the lowest point of a turbine blade shall be fifteen (15)

feet above the ground and ten (10) feet above or distant from any roof surface.

C. Setbacks

1. Small Wind Energy Systems shall be set back at a distance equal to or

greater than one-hundred percent (100%) of the total height of the system

from all overhead utility lines, property lines, and public roads or public

rights-of-way.

2. If the Small Wind Energy System is installed on a roof, the total height is

equal to the roof height and tower height.

3. Guy wires and other support devices shall be set back at least five (5) feet

from all property lines. Guy wires and other support devices shall be set

back at least twenty (20) feet from any public right-of way.

4. Small Wind Energy Systems shall not be allowed in the required front yard

setback.

D. Access

1. No tower shall have a climbing apparatus within twelve (12) feet of the

ground.

2. All access doors or access ways to towers and electrical equipment shall be

accessible by authorized personnel only. Towers with lattice within twelve

(12) feet of the ground shall be enclosed within a secured fence or

wrapped by a protective metal mesh up to twelve (12) feet and sufficient

to prevent climbing.

City of Rio Communities Chapter 4: Zoning Code

102

E. Feeder Lines

All exterior electrical lines shall be placed in a conduit, marked and buried below

the surface of the ground in accordance with applicable codes. Electrical lines may

be placed overhead only near points of interconnection to the electric grid.

F. Lighting

Illumination or lighting on the Small Wind Energy System shall be prohibited

except as required and allowed by the Federal Aviation Administration.

G. Sound

The Small Wind Energy System and associated equipment shall not exceed fifty

(50) dB(A) for any period of time under normal operating conditions as measured

from the nearest neighboring inhabited structure.

H. Signage And Advertising

Signs and advertising shall be restricted to reasonable identification of the

manufacturer, operator of the Small Wind Energy System, utility, and safety signs.

No other signage shall be permitted.

I. Color And Finish

The Small Wind Energy System shall remain painted or finished in the color or

finish that was originally applied by the manufacturer, or shall be painted gray,

beige or white. Rust, corrosion or peeling paint on any component shall be

repaired and repainted.

City of Rio Communities Chapter 4: Zoning Code

103

ARTICLE 18 PLANNING, ZONING LAND USE COMMISSION MEETINGS AND HEARINGS

4-18-1 PUBLIC MEETINGS AND HEARINGS

4-18-2 BUSINESS OF THE COMMISSION

4-18-3 CHANGE OF ZONING OR MAPS

4-18-4 COMMISSION ZONING RECOMMENDATIONS

4-18-5 CITY COUNCIL MEETINGS AND DECISIONS

4-18-6 APPEALS TO COMMISSION OR CITY COUNCIL

4-18-7 APPEAL SUBMISSION AND DECISION

4-18-8 PETITION TO THE DISTRICT COURT

4-18-9 HEARING POSTING

NOTIFICATION OF ADJOINING PROPERTY OWNERS

4-18-1 PUBLIC MEETINGS AND HEARINGS

A. In accordance with the City’s Open Meeting Act (Resolution 001-13 or most

current version), the Planning and Zoning Commission shall hold regular bi-

monthly meetings (first and third Thursday of each month). These meetings shall

be open to the public and notice by publication shall be given at least six (6)

calendar days in advance of a regular meeting.

B. Publication shall mean, either notification by newspaper that maintains an office

within the City, or barring that; posting conspicuously, a notice at six (6) public

places within the City, one of which shall be the Office of the City Clerk.

C. Special Meetings, in conjunction with regular meetings may be scheduled as

deemed necessary by the Commission. Public notification of Special Meetings shall

be by publication as described in Subsections A and B of 4-18-1, except, only three

(3) days prior notice is required.

4-18-2 BUSINESS OF THE COMMISSION

A. The Commission may decide various administrative items, home occupation

permits, variances, conditional or special use and historic district permits;

applications for subdivisions, vacation of rights-of-way and annexations.

B. All such business as described in Subsection A of 4-18-2 and other business as

deemed necessary by the Commission shall be held in an open meeting forum

before the Commission votes a recommendation to the City Council.

City of Rio Communities Chapter 4: Zoning Code

104

4-18-3 CHANGE IN ZONING OR MAPS

A. No zoning regulation, restriction, or boundary shall be recommended for change

or repeal by the Commission to the City Council until after a public hearing where

all parties in interest and residents shall have an opportunity to be heard.

B. Whenever a change listed in A. above, follow instructions in 4-18-9 and 4-18-10 for

instructions for both Planning and Zoning Commission and Council actions.

4-18-4 COMMISSION ZONING RECOMMENDATIONS

A. All recommendations to the City Council shall be made in accordance with this

Zoning Code and the Comprehensive Plan of Rio Communities. Article 8 (Zoning

Code Enforcement) of this Code will serve as a guide.

B. The minutes of the Planning and Zoning meeting will serve as a recommendation

to the City Council.

4-18-5 CITY COUNCIL MEETINGS AND DECISIONS

A. Follow instructions in 4-18-9 for posting instructions and 4-18-10 for notification

instructions, if appropriate.

B. Publication shall mean, either notification by newspaper that maintains an office

within the City, or barring that; posting conspicuously, a notice at six (6) public

places within the City, one of which shall be the Office of the City Clerk.

C. Approval by the City Council, when considering recommendations from the

Commission for any change in zoning, regulation, restriction, or boundary shall

require a simple majority vote of a quorum of the City Council.

D. If an appeal to any decision concerning a change in zoning, regulation, restriction,

or boundary made by the City Council is not filed within fifteen (15) calendar days

of that decision, the decision of the City Council shall stand.

4-18-6 APPEALS TO COMMISSION OR CITY COUNCIL

A. Any aggrieved person, officer, department board or bureau of the City that is

affected by a decision of an administrative officer, commission, or council in the

administration or enforcement of this Code, or any other resolution, rule, or

regulation adopted pursuant to Sections 3-21-1 through 3-21-12 of the New

City of Rio Communities Chapter 4: Zoning Code

105

Mexico Statutes 1978, as amended, may appeal such decision to the Commission

or to the City Council, as appropriate.

B. Any appeal must be initiated in writing within fifteen days (15) calendar days after

all other procedures authorized by this Code have been exhausted.

C. Appeal of any action of the Code Enforcement Officer or his/her designee is to the

Commission. The Commission may decide such appeals or refer the appeal to the

City Council with its recommendation for action. The decision of the Commission

may be appealed to the City Council.

D. Appeal of all other matters concerning zoning shall be to the City Council.

4-18-7 APPEAL SUBMISSION AND DECISION

A. Submission for appeal shall be in writing and filed within fifteen (15) calendar days

of the City Council’s decision with the City Clerk or if available, a Code

Enforcement Officer. An appropriate filing fee shall be charged to the Appellant.

See Appendix B for fee schedule.

B. The appeal shall state specifically the claim, error or abuse and clearly reference

the applicable rule within this Code. The appeal shall also state a remedy.

C. The appeal, once filed, shall be marked for scheduling and placement on the

agenda of either the Commission or the City Council.

D. The City Mayor and Commission Chairperson shall be notified of the appeal.

E. If the appeal clearly presents evidence that an error or incorrect decision has been

made by a Code Enforcement Officer or the Commission, or the City Council, the

decision may be over-ruled by a simple majority of a quorum of the City Council.

The City Council may make any remedy that it deems appropriate to the situation.

All decisions by the City Council are final.

F. A stay of any proceeding shall occur upon receipt of an appeal unless such a stay

would cause serious damage to people or property. Certification of this negative

impact shall be submitted to the City Council by the Enforcement Officer or

Commission involved in the decision.

G. A decision by the City Council on any appeal shall be rendered no later than sixty

(60) days from the date of filing. The appellant shall be notified of the decision via

certified mail and the decision shall be published.

City of Rio Communities Chapter 4: Zoning Code

106

4-18-8 PETITION TO THE DISTRICT COURT

A. A petition may be filed to the District Court by any person who is aggrieved by a

decision of any department, officer or board of the City.

B. Such petition shall state what is illegal, in whole or in part, including the grounds

for the illegality.

C. Such petition must be filed within thirty (30) calendar days after such decision is

entered into the City records of the City Council and comply with all applicable

statues.

4-18-9 HEARING POSTING

A. PLANNING AND ZONING HEARING POSTING

Commission consideration of the proposed issue shall be conspicuously posted

for public scrutiny and comment at six (6) public locations throughout the City

and on the cities webpage. After fifteen (15) days of posting, the Planning and

Zoning Commission shall have a public hearing and then may vote on the issue.

The Commission may approve, approve with conditions, deny, continue or defer

the request. If passed, it will be forwarded to the City Council for consideration.

In the case of approval, deferral or continuance, the City Council shall make a

decision within 90 days of the initial Planning and Zoning hearing.

NM ξ 3-21-6 (2016)

B. CITY COUNCIL HEARING POSTING

If approved, deferred or continued by the Planning and Zoning Commission,

the following procedure should be followed by the City Council. Council

consideration of the proposed issue shall be conspicuously posted for public

scrutiny and comment at six (6) public locations throughout the City and on the

cities webpage. After fifteen (15) days of posting, the City Council shall have a

public hearing and then may vote on the issue. NM ξ 3-21-6 (2016)

4-18-10 NOTIFICATION OF ADJOINING PROPERTY OWNERS

A. It shall be the responsibility of the petitioner to promptly notify, within fifteen

(15) days of the scheduled hearing, any landowner whose property is located

within one hundred (100) feet of the proposed zoning change or variance

issuance, by posting a sign provided by the City at the property line closest to a

street. The sign shall state the date, time, and location of the hearing and a

general description of the requested subdivision action. Failure on the part of

City of Rio Communities Chapter 4: Zoning Code

107

the petitioner to properly post this notification may jeopardize the sub-dividers

procedure. NM ξ 3-21-6 (2016)

B. Any zoning request that requires a confirmation by the Planning and Zoning

Commission and/or the City Council requires a Public Hearing.

a. If the zoning change covers 1 block or less, certified notification with return

receipt requested must be sent to all landowners within 100 feet (excluding

right-of-ways) of the annexation or zoning change. If the annexation or zoning

change is more than 1 lot in size, first class notifications must be mailed to all

landowners within 100 feet of the annexation or zoning change, excluding right

of ways. Any undelivered mail will be followed by certified notification with

return receipt requested. County Treasure records are the final source of all

mailing lists. The mailing will be performed by the City staff, but all expenses

will be reimbursed by the person requesting the annexation or zoning change.

NM ξ 3-21-6 (2016)

b. If the owners of twenty percent or more of the area of the lots and (of) land

included in the area proposed to be changed by zoning regulation or within

one hundred feet, excluding public right-of-way, of the area proposed to be

changed by a zoning regulation, protest in writing the proposed change in the

zoning regulation, the proposed change in zoning shall not become effective

unless the change is approved by a majority vote of all the members of the

governing body of the municipality. NM ξ 3-21-6 (2016)

End of Chapter 4

Ordinance No: 2014-20 Chapter 4: Zoning Code

City of Rio Communities

Code of Ordinances

APPENDIX A

Definitions

1. A-Weighted: A unit of measurement, weighting sound pressure as me for determining

the human response to sound as described in ANSI 1.4, 1983.

2. Abandoned well: A wellhead that has been permanently discontinued.

3. Access: A required means or method for either pedestrians or vehicles to enter

(ingress) or exit (egress) a parcel, or dwelling.

4. Accessory Building & Use: Any building or structure, subordinate to and located on

the same lot with a main building, the use of which is clearly incidental to that of the

main building or to the use of the land and is not attached by any part of a common

wall or common roof to the main building. Includes containers, portable garages,

carports, storage buildings and temporary type storage units (up to 90 days-may be

extended upon review by Commission).

5. Accessory Dwelling Unit (ADU): Any ancillary or secondary living unit that has a

separate kitchen, bathroom or sleeping area, existing either within the same structure

or on the same lot as the primary dwelling unit (also known as accessory apartments,

garage apartments, granny flats, or mother-in-law flats).

6. Accessory Living Quarters: Any living quarters established within an allowed accessory

structure that is temporary in support of a legitimate hardship or medical necessity; is

not rented and does not exceed five-hundred (500) square feet of floor space.

7. Administrator (Staff or Planning Staff): Any person or persons assigned by the City

whose primary responsibility is the administration or enforcement this Code (the term

"staff' or "planning staff' is sometimes used interchangeably with this term).

8. Adult: As a noun, any person over the age of eighteen (18) or as an adjective, any

descriptive moniker given to the substantial or significant commercial sale of

entertainment stock-in- trade products (e.g. books, magazines, periodicals, films, or

movies) that are intended for or befitting exclusive use by adults and prohibited to

minors.

9. Adult Entertainment Establishment: A business that either directly or indirectly

provides sex-related entertainment products and service solely to an adult.

10. Affordable Housing: Base on Housing and Urban Development (HUD) regulations, any

housing where occupying household pays no more than thirty percent (30%) of their

monthly income for either the monthly mortgage or rent, including the cost of utilities.

11. Agent: Any person authorized by notarized letter and signed by the property owner to

represent same.

12. Ambient Light: Any form of surrounding or environmental light such as natural

sunlight, or artificial light emanating from nearby streetlights, or any other near-by

light source.

13. Amendment: See Legislative Amendment and Quasi-judicial Amendment

Ordinance No: 2014-20 Chapter 4: Zoning Code

14. Animal Sanctuary or Shelter: Any non-profit facility for the short or long-term care

and custody of animals that may include lost pets, owner released pets, rescued

animals (cruelty); such shelter may be designated as “no-kill” or one that practices

selective euthanasia.

15. Antenna: Any equipment designed to transmit or receive electronic signals.

16. Antenna Array: One or more whips, panels, discs or similar devices used for the

transmission or reception of radio frequency signals that may include omni-directional

antenna (whip), directional antenna (panel) and parabolic antenna (disc). An Antenna

Array does not include any support structure.

17. Apparent Movement: A perceptual phenomenon known as the stroboscopic effect or

movement, in which a stationary object is first seen briefly in one location and,

following a short interval, is seen in another location (e.g. watching a film in which

separate stills are viewed in a continuous run that creates the illusion and appearance

of motion, or when rotating spokes in a wheel appear to move backwards).

18. Attached Wireless Communication Facility (WCF): An antenna array that is attached

or affixed to an existing building or structure (including but not limited to a utility pole,

sign or water tower), along with any transmission cables and accompanying pole or

device that attaches or affixes the antenna array to the existing building or structure.

19. Automobile Repair Garage: A facility that provides for the repair and maintenance of

motor vehicles, including any mechanical and body work.

20. Automobile Service Station: A facility that provides the retail sale of motor fuels and

lubricating accessories that may include the service and repair of motor vehicles as an

accessory use. An Automobile Service Station is not a repair garage or a body shop.

21. Automobile Wreaking Yard (Wreaking Yard): An area of land used for the storage,

wrecking, dismantling, disassembling or sale of inoperable motor vehicles, trailers or

farm equipment, or associated parts.

22. Banking, Financial or Credit Union: Any privately owned or state or federally

chartered bank, saving association, credit union, financial or industrial loan company

engaged primarily in the business of selling consumer goods that cashes checks or

issues money orders and is incidental to its main purpose or business and is offered as

a service to customers, but excludes any establishment whose primary purpose is to

provide cash advances, pay day loans, pay day advances, and similar services.

23. Bar: Any establishment where the principal business is the service of alcoholic

beverages.

24. Barn: See Accessory Building

25. Basal Cover: The vegetative cover or extent of cover found at the crown or base of a

plant.

26. Bed And Breakfast: Any small lodging establishment that offers overnight

accommodation and breakfast. A property is considered to be a bed and breakfast if it

has at least 2 spaces for rent.

27. Berm: An earthen wall, shelf, or raised barrier separating two areas that serve as a

border barrier. A Berm is also used to control erosion and sedimentation by reducing

the rate of surface runoff.

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28. Billboard: An off-premises sign or sign assemblage maintained as advertising rental

space by a business enterprise.

29. Boarding House: Any residential use consisting of at least one dwelling unit together

with more than two rooms that are rented but that do not constitute separate

dwelling units. A boarding house is distinguished from a tourist home in that the

former is designed to be occupied by longer-term residents as opposed to overnight or

weekly guests.

30. Body Art: Any form of tattooing, body piercing or scarification but does not include

practices that are considered medical procedures by the New Mexico Medical Board.

31. Body Art Establishment: Any establishment that engages in the business of tattooing

and or branding and body piercing of human beings, including scarification. A

permanent picture, design or other marking made on the skin by pricking and staining

it with indelible dye to exclude the application of permanent makeup in a Salon setting

with appropriate equipment and the piercing of ears with the use of a piercing gun.

32. Building: Any structure having a roof supported by columns or walls for the shelter,

support or enclosures of persons or personal property. A permanent structure having

a fixed base on, or fixed connection to the ground.

33. Building Height: The vertical distance from the finished grade to the highest point of

the roof.

34. Building Inspector: Any official designated by the county to enforce the applicable

federal, state and county building codes.

35. Building Permit: The certificate of compliance issued by any duly authorized

municipal, county or state administrator.

36. Carport: Any structure designed to provide overhead coverage for standard-size

passenger vehicles and trucks, unenclosed on at least three sides, designed to

complement the architecture of the adjoining neighborhood as much as possible.

37. Check Cashing/Pay Day Load Establishment: Any establishment whose primary

purpose is to provide cash advances, pay day loans, pay day advances and similar

services. It does not include a state or federally chartered bank, saving association,

credit union, or industrial loan company, retail sellers engaged primarily in the

business of selling consumer goods that cashes checks or issues money orders and is

incidental to its main purpose or business and is offered as a service to customers.

38. Child Care Home: Any home where not more than five orphaned, abandoned,

dependent, abused, or neglected children reside, together with not more than two

adults, who supervise such children.

39. Child Care Institution: Any institutional facility housing more than five orphaned,

abandoned dependent, abused, or neglected children.

40. Circulation Area: Any area used to access parking or loading areas or other facilities on

a lot.

41. Clear (line of) Sight Triangle: A triangle formed by the intersection of two curbs or the

edge of a city maintained roadway measured back from the intersection or roadway

twenty-five feet along the curb line or city roadway. A continuous unobstructed view

of twenty-five (25) feet in both directions of the intersection or roadway to a height of

3 feet or more must be maintained.

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42. Clerk: The Rio Communities Clerk or the Clerk's duly authorized representative.

43. Clinic: Any place used for the care, diagnosis or treatment of sick, ailing, infirm or

injured persons and those who are in need of medical or surgical attention, but who

are not provided a room or kept overnight on the premises as an in-patient.

44. Club or Lodge: Any facilities operated for non-profit that provides for a social,

educational, recreational, scientific, benevolent or charitable purpose, where

membership is required for participation. A Club does not include a public or private

kindergarten, school, college or research institution, daycare or rehabilitation facility

of any kind.

45. Cluster Subdivision: A form of residential development for a single-family subdivision

that permits a reduction in lot area provided there is no increase in the number of lots

permitted by the zoning district and the undeveloped land resulting from the lot

reduction is devoted to open space.

46. Collector Street: Any street that serves as a connection between a major or secondary

thoroughfare and several minor streets. The term includes the principal entrance

streets of a residential development and streets for major circulation within such a

development.

47. Collocation: Use of a common wireless communication facility (WCF) or common

support structure by 2 or more wireless communications license holders or by 1

wireless communications license holder for more than 1 type of communications

technology, or, placement of a WCF on a structure owned or operated by a utility or

other public entity, or, placement of an attached WCF.

48. Commercial: The exchange of property, service, or idea for any fare, fee, rate, charge

or other consideration, or directly or indirectly in connection with any business, or

other undertaking intended for profit. Primarily intended for or directed towards

commercial advantage or monetary compensation. The definition is intent-based and

intentionally flexible in anticipation of the many possible factual situations and

business models that may exist now but unknown, or develop later.

49. Commercial Kennel: Any building or land designed or arranged for boarding dogs,

cats, and other household pets and where grooming, breeding, boarding, training or

selling animals is conducted in the Commercial Zone.

50. Commission: The City of Rio Communities’ Planning and Zoning Commission.

51. Community Water Supply System: Any public or private water supply, treatment,

storage, transmission and distribution system and all appurtenant improvements as

approved by the State of New Mexico.

52. Comprehensive Plan : The generalized, coordinated land-use map and policy

statement adopted by Rio Communities as the Rio Communities Comprehensive Plan

and all subsequent amendments thereto that covers all unincorporated land in

Valencia County and addresses all functional and natural activities and systems in the

unincorporated land. Land includes surface water. Coordinated means the needs of all

government, semi-public and private agencies, and the citizens of Valencia County

have been considered and accommodated to the greatest extent possible.

53. Conditional Use: Any use not permitted outright in a zoning district but may be

allowed by permit, subject to review for compatibility with existing and anticipated

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future needs. Conditional Use normally requires yearly review of conditions for

compliance by the Commission. Non-compliance may lead to revoking the permit.

54. Condominium: One or more structures containing two or more dwelling units each

that are sold to and held under individual ownership by the occupants and may or may

not include ownership of the land upon which the dwelling units are situated.

55. Construction: The placement of construction materials in a permanent position and

fastened in a permanent manner. Where excavation, demolition or removal of an

existing structure has substantially begun preparatory to rebuilding; the excavation or

demolition or removal shall be deemed to be construction, provided that work shall be

carried on diligently.

56. Contamination: The presence of any harmful substance that is likely to unreasonably

injure human health, animal or plant life, property, or public welfare.

57. Contiguous: Abutting or touching and may separate by nothing more than a ditch,

canal, or right-of-way.

58. Convenience Store: A retail store that is designed and stocked to sell primarily food,

beverages and other household supplies to customers who purchase only a relatively

few items.

59. Cool Season Perennial: Selections or combinations of Kentucky bluegrasses, perennial

ryegrasses, fine fescues and tall fescues that require large volumes and or frequent

applications of water throughout its life.

60. Cord (Wood): A cord is the amount of wood that, when "ranked and well stowed"

(arranged so pieces are aligned, parallel, touching and compact), occupies a volume of

128 cubic feet. This corresponds to a well stacked woodpile 4 feet high X 8 feet long X

4 feet (deep; or any other arrangement of linear measurements that yields the same

volume.

61. Council: the City council of the City of Rio Communities.

62. County: The unincorporated area of Valencia County, New Mexico.

63. Day Care Center: Any child care arrangement that provides day care on a regular basis

for more than four hours per day for more than twelve children. All state license

requirements must be met.

64. Day Care Facility: An establishment or facility that has the primary function of

providing care, services and supervision to children. Synonymous with Day Care

Center.

65. Day Nursery: Any institution, establishment or place in which 3 or more children not

of common parentage, under the age of 6 years, are commonly received for a period

or periods not exceeding 12 hours for the purpose of being given board, care or

training apart from their parents or guardians for compensation or reward.

66. dB (A): Unit of sound level expressed in decibels (dB) as measured on the A-weighted

scale.

67. Density Bonus: A density increase over the allowable maximum residential density.

68. Department: The Rio Communities Code Enforcement Department.

69. Designated Use Permit: A permit issued by the City council that authorizes the

recipient to make use of property in accordance with the requirements of this title as

well as any additional requirements imposed by the planning and zoning commission.

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70. Developer: A person who is responsible for any undertaking that requires a zoning

permit, conditional use permit, designated use permit, subdivision plat approval or

sign permit.

71. Development: Any man-made change in improved or unimproved real estate,

including but not limited to buildings or other structures, mining, dredging, filling,

grading paving, excavation or drilling operations.

72. Discharges: Any measurable, natural or man-made release of water, sediment or other

particulates into the environment.

73. Disturbed Area: The area within the property that is altered by the mining and related

activities, including but not limited to road, utility and facilities construction, and

materials stockpiling areas.

74. Drainage Plan: A detailed plan prepared by a New Mexico registered professional

engineer competent in the specialization of surface hydrology and hydraulics that

specially addresses drainage of storm waters and other liquids on a particular area of

surface or subsurface.

75. Dwelling: A building or portion thereof designed or used exclusively for residential

occupancy, including single-family, two-family and multiple-family dwellings, but not

including hotels, boarding and lodging houses.

76. Dwelling Unit (Conventional): A single-family detached dwelling unit that is installed

on a permanent foundation and is either: 1) A site-built unit constructed in accordance

with the standards of the New Mexico Uniform Building Code; or 2) Multi-Section

Manufactured Home or Modular Home that is a single-family dwelling with a heated

area of at least 36 (thirty-six) by 24 (twenty-four) feet and at least eight hundred sixty-

four (864) square feet and constructed in a factory to the standards of the United

States Department of Housing and Urban Development, the National 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

[Chapter 60, Article 14 NMSA 1978] and with the regulation made pursuant thereto

relating to permanent foundations.

77. Dwelling (Multi): A structure designed or modified to contain two or more dwelling

units.

78. Dwelling (Single): A detached structure containing one dwelling unit.

79. Easement: Rights granted to Public Utilities for ingress and egress to serve water,

sewer, telephone/cable, gas and electric lines or the right granted to a landowner for

ingress and egress to property by purchase, deed, or adverse possession or any other

legal means.

80. Equipment Facility: Any accessory structure used to contain ancillary equipment for

WCF that may include cabinets, small shelters, pedestals or other similar structures.

81. Exploration: Any activity related to the determination of the geologic and economic

extent of a sand and gravel or mineral resource and includes both non-surface and

surface disturbance activities such as sonar sightings and test drilling necessary to

locate potential resource sites.

82. Extraction: Any excavation made for producing oil, natural gas and/or geothermal

resources and also includes activities and structures ancillary to the extraction

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operation including, but not limited to, pumping facilities, storage tanks, pipelines,

waste ponds and equipment sheds.

83. Extraterritorial Planning District: That portion of the Rio Communities planning

jurisdiction that lays outside the city limits.

84. Family: One or more persons occupying a single dwelling unit.

85. Family Day Care Business: An occupied dwelling in which a person(s) provides care,

services and supervision for at least 3 but not more than 6 children at any 1 time and

for a period of not more than 24 hours of any day; or for any number of children from

only 1 family other than the person's own family.

86. Family Day Care Home: means the provision of day care in a private residence for up

to twelve children as permitted by the state. This is a home occupation and will

require that the planning commission grant a conditional use permit.

87. Farm Use: The use of land for the primary purpose of obtaining a profit in money by

raising, harvesting and selling crops or the feeding, breeding, management and sale of,

or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying

and the sale of dairy products or any other agricultural or horticultural use or animal

husbandry or any combination thereof. FARM USE also includes the use of land for the

primary purpose of obtaining profit in money by stabling or training equines including

but not limited to providing riding lessons, training clinics and schooling shows. FARM

USE includes the preparation, storage and disposal by marketing or otherwise of the

products or by-products raised on the land for human or animal use. FARM USE

includes the on-site construction and maintenance of equipment and facilities used for

the activities described in the chapter.

88. Fence: A structure, other than a building that serves as a barrier and is used as a

boundary or means of protection or confinement. This includes a masonry fence or

wall and privacy fence.

89. Flood Base: A flood, the level of which has a 1% change of being equaled or exceeded

in any given year; commonly referred to as a 100-year flood.

90. Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance

Administration has delineated both the areas of special flood hazards (floodplain) and

the risk premium zones.

91. Flood Obstruction: Any dam, wall, embankment, levee, dike, pile, abutment,

projection, excavation, channel rectification, culvert, structure or matter that is in,

along, across or projecting into any channel, watercourse or floodplain area, which

may impede, retard or change the direction of the flow of water, either in itself or by

catching or collecting debris carried by the water or that is placed where the flow of

water might carry the same downstream to the damage of life or property.

92. Flood Plain: The areas adjoining the Rio Grande river, low areas, arroyos or other

waterways that may be subject to periodic inundation of floodwaters as defined in the

FEMA and FIRM rate maps.

93. Flood-proofing: Any combination of structural and nonstructural additions, changes,

or adjustments to properties and structures primarily for the reduction or elimination

of flood damage potential to lands, water and sanitary facilities, structures and

contents of buildings.

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94. Floor Area: The sum of the areas of each story of a building measured between the

exterior walls of the building, but excluding garages and attic space providing

headroom of less than 7 feet.

95. Foliar Cover: The percentage of ground cover covered by the vertical projection of the

aerial portion of plants and excluding small openings in the canopy.

96. Fortune Teller: Any fortune tellers, psychics, clairvoyants, palmists and similar trade

that are in the business practice of predicting information about a person's life.

97. Frontage: A distance measured along a roadway right-of-way line.

98. Fugitive Dust: Particulate matter not emitted from a duct or stack that becomes

airborne during operations or in windy conditions.

99. Garage or Yard Sale: Any sale of used household or personal articles held on the

premises.

100. Governing Body: The City of Rio Communities Council.

101. Government: A group of elected/appointed people that have the power to rule in a

country, state, county or municipality, according to applicable administrative law.

102. Grade: The average elevation of the finished ground elevation at the centers of all

walls of a building, except that if a wall is parallel to and within 5 feet of a sidewalk,

the sidewalk elevation nearest the center of the wall shall constitute the ground

elevation.

103. Gross Floor Area: The total area of a building measured by taking the outside

dimensions of the building at each floor level intended for occupancy or storage.

104. Ground Cover: The amount (measured as a percentage) of rock, litter and vegetative

basal covering the ground. This further broken down into the components; such as

percent litter, percent rock and percent basal cover.

105. Groundwater: Water found beneath the land surface in a saturated zone.

106. Guest Room: room or a group of rooms forming a single habitable unit that is located

within the walls of a dwelling unit and is used or intended to be used for sleeping and

living, but not for cooking or eating purposes and is rented individually as a unit.

107. Handicapped (Infirmed Home): A residence within a single dwelling unit for up to five

persons who are physically or mentally handicapped or infirm, together with not more

than two persons providing care or assistance to such persons, all living together as a

single housekeeping unit. Persons residing in such homes, including the aged or

disabled, principally need residential care rather than medical treatment.

108. Handicapped (Infirmed Institution): A facility housing and providing care or assistance

for persons who are physically or mentally handicapped or infirm.

109. Hardship: To cause privation or suffering.

110. Hazardous Materials: A substance defined in Section 101(14) of the Federal

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or

as regulated under Subtitle C of the Federal Resource Conservation and Recovery Act.

(RCRA).

111. Hazardous Waste: A material that is corrosive, flammable, reactive or toxic.

112. Height of Structure: The vertical distance from the finished grade to the highest point

of the structure.

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113. Height (WCF): The vertical distance of a wireless communications facility (WCF) or

support structure as measured from the ground elevation at the base of the WCF or

support structure to the top of the structure, including antenna array(s).

114. Historic District or Landmark: A zone district overlay classification by the county of a

site or area in the county that has historical interest and significance pursuant to

NMSA 1978, § 3-22-1, et seq.

115. Hobby Kennel: Any building, buildings or land designed or arranged for housing dogs,

cats and other household pets belonging to the property resident in all residential

zones (R-1, R-2, MH-1 and MH-2).

116. Home Occupation: Any commercial activity that is conducted by a person on the same

lot in a residential district where such person resides. This is a conditional use that

requires a permit for the planned activity that shall be renewed on an annual basis as

required by the planning and zoning commission.

117. Hotel: A public house that provides lodging and board as the primary business.

118. Impact Fee: An impact fee is a fee that is imposed by a local government within the

United States on a new or proposed development project to pay for all or a portion of

the costs of providing public services to the new development.

119. Impoundment: A closed basin naturally formed or constructed, having the effect or

purpose of water or sediment detention or retention.

120. Impulse Noise: Any single sound pressure peak (with a rise time less than 200

milliseconds or total duration less than 200 milliseconds) or multiple sound pressure

peaks (with either rise time less than 200 milliseconds or total duration less than 200

milliseconds) spaced at least by 200 millisecond pauses.

121. Inoperative Motor Vehicle: Any motorized vehicle that by reason of dismantling,

disrepair, damage that causes or renders the vehicle incapable of being propelled or

operated under its own power, or is in violation of New Mexico Uniform Traffic

Ordinances, Codes or Statues, or because of lack of insurance and registration, is not

legal for public roadway use.

122. Intermediate Home Care: A facility maintained for the purpose of providing

accommodations for not more than five occupants needing medical care and

supervision.

123. Kennel: Any commercial operation that provides food, shelter and care of animals for

purposes not primarily related to medical care or engages in the breeding of animals

for sale.

124. Kitchen: A room or other place equipped with any combination of a stove, oven,

refrigerator, small cooking device or sink and where food may be stored or prepared.

125. Legislative amendment: An amendment to the Zoning Chapter to establish or change

a specific policy related to uses, criteria, procedure or other ordinance provisions of

substantial general applicability. A LEGISLATIVE AMENDMENT may apply to the zone

map or text of the Zoning Chapter.

126. Ldn: (1) Day or night equivalent sound level measured over a 24-hour period; it is

further defined to be equivalent in terms of sound energy to the level of a continuous

A-weighted sound with 10dB added to nighttime levels; (2) Ldn is computed in

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accordance with United States Environmental Protection Agency Standards and

Procedures.

127. Line of Sight Triangle (Clear Line of Sight Triangle): A triangle formed by the

intersection of two curbs or the edge of a city-maintained roadway measured back

from the intersection or roadway twenty-five feet along the curb line or city roadway.

A continuous unobstructed view of twenty-five (25) feet in both directions of the

intersection or roadway to a height of 3 feet or more must be maintained.

128. Livestock: Domestic animals of types customarily raised or kept on farms for profit or

other purposes, but not including household pets or poultry.

129. Livestock Feed Yard: An enclosure or structure of 1,000 square feet or more in ground

area designed or used for the concentrated feeding or fattening of livestock for

marketing; or an enclosure or structure less than 1,000 square feet in ground area

designed or used for the concentrated feeding or fattening of 5 or more head of

livestock for marketing.

130. Livestock Sales Yard: An enclosure or structure designed or used for holding livestock

for purposes of sale or transfer by auction, consignment or other means.

131. Loading/Unloading Area: That physical portion expressly designated to accommodate

vehicle requirements for delivery or shipment of goods, merchandise or equipment to

or from a place of business.

132. Local Street: A street of relatively short length that provides direct access to a limited

number of contiguous residential properties designed to discourage use as a through

traffic.

133. Localized Storm Water: Surface water deposited on a particular area of land by direct

precipitation and not by an overflow of surface waters from other land areas.

134. Lot: An area of land described by “metes and bounds” (boundary lines of land with

their terminal points and angles), recorded and filed in the Valencia County Clerk's

Office in accordance with appropriate laws and Ordinances. Such lot shall have

frontage on dedicated public right-of-way or on an approved private roadway for

ingress and egress.

135. Lot of Record: An individual parcel of land that has been recorded in the office of the

county clerk prior to the effective day of this chapter or subsequent amendments.

136. Lot Area: The aggregate land area measured to property lines.

137. Lot Depth: The average distance between the front and rear property lines measured

in the mean direction of the side property lines.

138. Lot Width: The average distance between the side property lines measured parallel to

the front property lines.

139. Low Income: Households with a gross household income that does not exceed sixty

percent (60%) of the area median income as defined by the New Mexico Mortgage

Finance Authority for the same size within the county in which the housing is located.

140. Luminaire: A complete lighting unit consisting of a light source and all necessary

mechanical, electrical and decorative parts.

141. Manufactured Home: (1) A MANUFACTURED or modular home that is a single-family

dwelling with a heated area of at least 840 square feet, constructed in a factory to the

standards of the United States Department of Housing and Urban Development, the

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National Manufactured Housing Construction and Safety Standards Act of 1974 (42

U.S.C. 5401 et seq.) and the Housing and Urban Development Zone Code II or the

Uniform Building Code, as amended to the date of the unit's construction and installed

consistent with the Manufactured Housing Act (NMSA §§ 60-14-1 et seq.). (2) A

MANUFACTURED HOME does not include any unit identified as a recreational vehicle

by the manufacturer.

142. Manufactured Housing: A factory manufactured mobile home dwelling manufactured after

June 15, 1976, to standards established by the U. S. Department of Housing and Urban

Development that has external dimensions of at least twenty-four (24) feet by forty (40) feet

and is installed on a permanent foundation. A manufactured housing unit is considered

equivalent to a single-family dwelling. A wall shall be installed continuously, except for

ventilation and access, along the entire perimeter of the unit between the unit and the ground

to give it the appearance of a site-built house. The wall shall be of masonry construction or

similar material. The tongue, axles, transporting lights, and towing apparatus shall be removed

before occupancy. Multi-Sectional manufactured housing are protected by HUD regulations

and may be placed in any residential zone.

143. Metal Intake/Recycling Center: Any business engaged in purchasing or otherwise

acquiring for sale or barter, any material such as old iron, copper, brass, lead, zinc, tin,

aluminum or other metals, metallic cable, wire, rope, bottles, rubber, batteries, e-

scrap or other like material.

144. Minor WCF: Includes those wireless communications facilities that do not exceed 60

feet in height, not including the support structure or any antenna arrays and are

generally regarded as micro cells or repeater stations.

145. Mitigation Measures: Any proposed or activity undertaken for the purpose of

lessening or eliminating adverse impacts resulting from mining and related activities.

146. Mixed Use Development: A development with residential and nonresidential uses

combined.

147. Mixed-Use: Allowing more than one type of use in a building or set of buildings.

148. Mobile Home: (1) A transportable structure exceeding eight (8) feet in width and

thirty-two (32) feet in length, built on a chassis, regardless of whether the towing

tongue has been removed. These units are designed for use as movable dwellings with

or without a permanent foundation when connected to utilities. (2) A structure

constructed for movement on public highways that contains sleeping, cooking and

plumbing facilities, or is intended for human occupancy or for a residential purpose

and was constructed before June 15, 1976, and met the construction requirements of

the New Mexico Manufactured Home Association Regulations in effect at the time of

construction.

149. Mobile Home Park: An area of land on which space is leased or rented for occupancy

for thirty (30) or more days by mobile homes and that contains permanent facilities

and services for the use of the mobile home occupants.

150. Mobile Home Space: A plot of ground within a mobile home park or travel trailer park

designed to accommodate one mobile home or travel trailer together with its

accessory structures including carports or other off-street parking areas, storage

lockers, ramadas, cabanas, patios, patio covers, awnings and similar appurtenances.

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151. Modular Dwelling Unit: A building fabricated in a factory and designed to be

transported to or be incorporated with similar units at a building site and placed on a

permanent foundation. The term is intended to apply to major assemblies that must

conform to the local building code.

152. Modular Home: A building fabricated in a factory and designed to be transported on

something other than its own chassis and designed to be stand-alone or incorporated

with similar units at building site into a modular structure. The term is intended to

apply to major assemblies that must conform to the local building code and does not

include prefabricated panels, trusses, plumbing, trees and other sub-elements that are

to be incorporated in a structure at the building site.

153. Modular Structure: Any structure built for occupancy by person or property, whether

or not designed to be placed on a permanent foundation. Modular structures include

factory-built buildings and subassemblies for manufactured residential or commercial

units; modular homes and pre-manufactured homes. A modular structure does not

include non-assembled component requirements, nor does it refer to manufactured

housing structures that are subject to federal regulation as parts, which are subject to

all permit and inspection per Section 14-12-3.7.K of the NMAC.

154. Motel: One or more attached or detached buildings containing housekeeping or

sleeping units designed and used for the temporary accommodation of tourists or

transients with an off-street parking space for each unit.

155. Motor Vehicle Sales Lot: Any lot or parcel of land where a dealer sells new, used or for

consignment, motor vehicles.

156. Mulch: Vegetation residues or other organic materials that aid in stabilizing soils and

conserving soil moisture.

157. Multi-Family: A classification of housing where multiple separate housing units for

residential inhabitants are contained within one building or several buildings within

one complex. A common form is an apartment building.

158. Multi-Generational Family: A family households consisting of three or more

generations.

159. Multi-Section (Manufactured/Modular) Home: A single-family dwelling with a heated

area of at least thirty six (36) feet by twenty-four feet (24) or at least eight hundred

and sixty-four (864) square feet and constructed in a factory to the standards of the

United States department of Housing and Urban Development (HUD), the National

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 [Chapter 60, Article 14 NMSA 1978] and with the regulation made pursuant

thereto relating to permanent foundations.

160. Natural Vegetation: Vegetation that occurs spontaneously without regular

management, maintenance or species introduction or removal and that generally has

a strong component of native species; Indigenous vegetation. Natural vegetation is the

vegetation that would have been growing in any given area in the absence of man.

161. Noise Sensitive Zone: Areas where ensuring exceptional quiet is of importance during

day and night hours. Noise sensitive activities include, but are not limited to,

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operations of schools; libraries open to the public, churches, hospitals and nursing

homes.

162. Non-commercial: Any enterprise or initiative (e.g. not for profit, artistic, educational,

scholarly, or personal) that is not conditioned upon any fare, fee, charge or other

consideration intended for profit.

163. Non-conforming Lot: A lot existing at the effective date an ordinance is codified but

does not now meet the current minimum code requirement of the district in which the

lot is located.

164. Non-Conforming Use: A building, structure or use that was legally established before

the adoption of any provision of this chapter with which the building, structure or use

does not comply.

165. Non-profit: Any business that has been granted tax-exempt status by the Internal

Revenue Service (IRS) because it furthers a social cause and provides a public benefit.

166. Nursing Care Home: A facility that provides skilled nursing care and medical

supervision to no more than five people but at a lower level than is available in a

hospital.

167. Nursing Care Institution: A facility that provides skilled nursing care and medical

supervision to more than five people but at a lower level than is available in a hospital.

168. Official Zoning Map: The zoning map and any amendments thereto adopted by the

City of Rio Communities or as described in City Ordinances.

169. Open Space: Any land so designated by the City’s comprehensive plan or any land

area, the preservation of which in its present use would: 1) Conserve and enhance

natural or scenic resources; 2) Protect air, streams or water supply; 3) Promote

conservation of soils or wetlands; 4) Conserve landscaped areas such as public or

private golf courses that reduce pollution and enhance the value of abutting or

neighboring property; 5) Enhance the value to the public of abutting or neighboring

parks, forests, wildlife preserves, nature reservations or sanctuaries or other open

space; 6) Enhance recreation opportunities; 7) Preserve historic sites; 8) Promote

orderly urban or rural development; or 9) Retain in their natural state, tracts of land

on the conditions as may be reasonably required by the City.

170. Overlay Zone: A zone district placed over other zones such that special zoning

requirements are imposed in addition to those of the underlying zone. Development

within the overlay zone must conform to the requirements of both zones or the more

restrictive of the two zones. An overlay zone is created to identify a special resource or

development area and to adopt new provisions that apply in that area.

171. Owner: An owner in fee simple of land, a purchaser or seller of land pursuant to a

recorded real estate contract, or the authorized agent of the same.

172. Owner Occupied: A dwelling occupied by a person or persons who shall own at least

51% (fifty-one percent) of said dwelling unit.

173. Owner of Record: The person or persons who, according to the public records, is or

are the owner or owners of a particular property.

174. P & Z: The Rio Communities Planning and Zoning Commission.

175. Parcel (Lot): A unit of land, excluding any public right-of-way, created by an authorized

subdivision or partitioning of land or that was created by deed or land sale contract

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and was recorded or platted with the acknowledgment by signature of the County

Clerk.

176. Parcel Coverage: The area of a parcel covered by a building or buildings expressed as a

percentage of the total area.

177. Parcel Line (Front): Any boundary line separating the parcel from a public road. Where

a parcel has no frontage on a public road, the front parcel line is the line of the

easement or private road that serves the parcel and is nearest to the principal

dwelling, if any.

178. Parcel Line (Rear): The boundary line or lines most distant from the front parcel line

and not intersecting a front parcel line.

179. Park: Any public or private land reserved for recreational, educational, cultural or

open space uses.

180. Parking Space (Off Street): A space adequate for parking 1 automobile with room for

opening doors on both sides, together with properly related access to a road or alley

and maneuvering room.

181. Patio Home: A building intended for occupancy by one family. These structures may

be built on a zero-lot line such that they are attached along a side lot line by a garden

wall, a cross wall or common wall with another unit.

182. Pawn Broker: An individual or business (pawnshop or pawn shop) that offers secured

loans to people, with items of personal property used as collateral.

183. Performance Bond: A type of a contract bond, either in surety or in guarantee that

contains the promise of a third party, usually a bonding company, to pay for the cost

of completion or performance of conditions of approval under the conditions of a

contact and that protects the City against any loss due to inability or refusal of an

applicant, petitioner, association, or developer from performing the conditions of

approval under the contract.

184. Permanent Foundation: Constructed or assembled components consisting of durable

materials (e.g. concrete, masonry or other approved materials) that are required to be

constructed on-site and shall have attachment points to anchor and stabilize the

manufactured or mobile home. The design of the foundation shall be approved by the

Design Approval Primary Inspection Agency of the Housing and Urban Development or

it shall be designed by a licensed professional engineer who has expertise in the field

in accordance with the manufacturer's specifications.

185. Permitted Use: A use permitted in a zoning district that complies with all of the

regulations applicable in that district.

186. Person: A firm, association, organization, partnership, trust, company or corporation,

as well as an individual.

187. Place of Public Assembly: A structure or place which the public may enter for

purposes as deliberation, education, worship, shopping, entertainment, amusement,

awaiting transportation or similar activity.

188. Planned Development: 1) A Planned Development contains parcels or groups of

parcels that may be platted or un-platted, have “planned development strategies” on

record or have some utilities, but remain, for the most part, blank slates. 2) A Planned

Development presents an opportunity for unique and boundless growth that

Ordinance No: 2014-20 Chapter 4: Zoning Code

promotes flexibility in thought and encourages innovative development sensitive to

surrounding land uses, community needs and the natural environment.

189. Planned Residential: A development constructed on a tract of at least five (5) acres

under single ownership; is planned and developed as an integral unit, consisting of

single-family detached residences combined with either two-family residences or

multi-family residence.

190. Planned Unit Development: A development constructed on a tract of at least ten (10)

acres under single ownership, planned and developed as an integral unit, consisting of

a combination of residential and nonresidential uses.

191. Planning Commission: The Planning and Zoning commission of the City.

192. Premise: Any lot or combination of contiguous lots held in single ownership, together

with the development thereon.

193. Principal Dwelling: The primary dwelling on any parcel.

194. Principle Use: The primary use of a lot or parcel that may be either a permitted or

conditional use.

195. Property: That which a person owns; the possession or possessions of a particular

owner; goods, land, possessions; a piece of land or real estate: property; ownership;

right of possession, enjoyment or disposal of anything, especially of something

tangible.

196. Property Line (Front): The boundary of a lot bordering on a street or public right-of-

way.

197. Property Line (Rear): The boundary of a lot opposite and most distant from, but not

adjoining, the front property line.

198. Property Line (Side): Any boundary that is not a front property line or a rear property

line.

199. Public Right-Of-Way: The area of land deeded, dedicated or reserved by plat, or

otherwise acquired by the county or the State of New Mexico, primarily for general

public use, for utilities, and for the movement of people, goods and vehicles.

200. Quasi-judicial amendment: A quasi-judicial amendment is a zone map amendment

changing the zone map from one zone designation to another. A QUASI-JUDICIAL

AMENDMENT applies to a specified tax lot or lots and results in the realignment of

zone district boundaries.

201. Recreational Vehicle or RV: Any travel trailer, camper, motor home, or other unit

mounted on a chassis with or without motive power that is designed for human

occupancy and to be used temporarily for recreational or emergency purposes and has

a gross floor area not exceeding 400 square feet.

202. Recreational Vehicle or RV Park: Any lot or tract developed primarily to provide

parking and related services to 2 or more transient recreational vehicles on a fee basis.

203. Residence (Multi-Family): A residential use consisting of a building containing two or

more dwelling units that are enclosed within that building or attached to it by a

common wall or floor.

204. Residence (Primary) with Accessory Dwelling Unit: A residence having the external

appearance of a single-family residence but in which a second dwelling unit is located.

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The second dwelling comprises not more than twenty-five (25%) percent of the gross

floor area of the building or more than a total of seven hundred fifty (750) square feet.

205. Residence (Single-Family Detached): A residence consisting of a single detached

building containing one dwelling unit and located on a lot containing no other dwelling

units.

206. Residential: The act of living in a particular place, or the place where one actually lives.

207. Residential Group Home: A residential treatment or training or an adult foster home

licensed under the authority of the Department of Health pursuant to NMSA 1978, §

24-1- 1 et seq. and provides residential care alone or in conjunction with treatment or

training or a combination thereof for 5 or fewer individuals who need not be related.

208. Restaurant: An establishment that serves food and beverages that are consumed on

premises by customers seated at tables and or counters either inside or outside the

building; may be engaged in providing customers with take-out service of food and or

non-alcoholic beverages for off-site consumption. Sale of alcoholic drink is controlled

by other provisions in this code and the New Mexico State statutes regarding alcoholic

drink sales.

209. Right-of-Way: A dedicated and accepted public land deeded to the City of Rio

Communities, reserved by plat or otherwise acquired by the City, County or State for

the use by the public for the movement of people, goods, and vehicles.

210. Road: A public or private way used to provide motor vehicle access to areas or

buildings.

211. Road Department: The Rio Communities Road Department otherwise referred to as

the “ROAD DEPARTMENT.”

212. Roadway: That portion of public right-of-way or private way or thoroughfare that is

primarily devoted to vehicular use.

213. Sand And Gravel: Rock or similarly occurring consolidated or unconsolidated naturally

occurring materials, including but not limited to, stone, sand, gravel, aggregate and

riprap.

214. Sanitary Sewer System: A public or private sewage collection, treatment and disposal

system and all appurtenant (attached) improvements as approved by the State of New

Mexico Environmental Department.

215. School: A public or private elementary school, grade school, middle school, junior high

school, high school, college or university. The term SCHOOL does not include

commercial operations that offer classes of a primarily recreational nature.

216. Secondary Dwelling Residence: A dwelling other than a principal dwelling, used for a

caretaker, health care or farm worker residence, guest house or similar use accessory

to the principal residence.

217. Setback: The required distance between any building or structure (fences, walls and

signs excepted) and a boundary line of the lot upon which it is located. Setbacks shall

consist of an open space, unoccupied and unobstructed by any part of a building or

structure, except as otherwise provided in this Ordinance.

218. Setback (Front): The minimum allowable distance between a structure and the

boundary line of the lot upon which such structure is located, bordering on a roadway.

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219. Setback (Rear): The minimum allowable distance between any main building and the

rear property line of the lot on which such building is situated.

220. Setback (Rear): The minimum allowable distance between a structure and the

boundary line of the lot upon which such structure is located that is opposite and most

distant from a roadway and does not intersect with a roadway.

221. Setback (Side): The minimum allowable distance between a structure and the

boundary line of the lot upon which such structure is located that intersects a

roadway.

222. Shall (and Must): The words shall and must are mandatory; the word may is

permissive.

223. Shopping Center: Any center for the sale of retail goods or professional services

containing five or more businesses.

224. Sign: A physical informational display (such as a lettered board, picture or a

configuration of lights) used to identify or advertise, but not limited, to a place of

business, a service, a product, or an affiliation.

225. Sign: Any device designed to inform or attract the attention of persons not on the

premises on which the sign is located, except the following: 1) Flags or government

insignias (except when used in commercial displays); 2) Decorative or architectural

features integral to a building’s design (except letters larger than one (1) square foot,

trademarks, or moving parts or lights); 3) Illustration of names of occupants, post

office box numbers and property numbers when smaller than one (1) square foot; 4)

Legal governmental bodies, notices, identification, informational or directional signs

erected or required by government bodies; 5) Private traffic signs bearing no

advertising; and 6) Real estate signs advertising the property on which the sign is

located, provided area of sign or group of signs is less than three square feet.

226. Sign-With Backing: (1) Any sign that is displayed upon, against or through any material

or colored surface or backing that forms an integral part of the display and that

differentiates the overall display from the background against which it is placed. (2)

Words, letters, and other advertising elements attached directly to a roof or wall shall

not be considered a sign with backing.

227. Sign (Flashing): Any illuminated sign within or upon which the illumination is not

maintained stationary and constant in intensity and color.

228. Sign (Free-standing): Any sign that is attached to, erected on or supported by some

structure that is not itself an integral part of or attached to a building or other

structure having a principal function other than the support of a sign. A sign that

stands without supporting elements, such as a "sandwich sign," is also a freestanding

sign.

229. Sign (Illuminated): Any sign designated to give forth any artificial light or designed to

be illuminated by artificial light from another source and does not include a flashing

sign.

230. Sign (Off-Premises): Any sign that draws attention to or communicates information

about a business, service, commodity, accommodation, attraction or other activity

that is conducted, sold or offered at a location other than the premises on which the

sign is located.

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xviii

231. Sign (Projecting): Any sign attached to a structure and projecting perpendicularly out

from the wall or roof to which it is attached.

232. Sign (Surface Area): The surface area of a sign shall be computed to include the entire

area within a regular geometric form or combination of regular geometric forms

comprising all of the display area on 1 side of any free-standing sign or roof or wall

mounted sign with backing; or 2) The area resulting from encircling the lettering and

all other elements of signage displayed on roof or wall mounted signs without backing.

Frames and structural members not bearing advertising matter shall not be included in

computation of surface area.

233. Sign (Temporary): Any sign that is used in connection with a circumstance, situation or

event that is designed, intended or expected to take place or to be completed within a

reasonably short or definite period after the erection of such sign. If a sign display area

is permanent but the message displayed is subject to periodic changes, that sign shall

not be regarded as temporary.

234. Skid Row: A high density of businesses that may have the potential to create adverse

effects on the surrounding area and community.

235. Smoke Shop: Any business devoting more than fifteen percent (15%) of the total floor

space for display for sale of smoking or tobacco paraphernalia or whose gross dollar

volume of business is over twenty-five percent (25%) from sales of smoking or tobacco

paraphernalia.

236. Solid Fence: Any block, ribbed metal panels, adobe, solid vinyl or other fencing that

has zero percent (0%) open area or transparency.

237. Special Event: Any circus, fair, carnival, festival or other type of special event that run

for longer than one day but not longer than one week. These activities are likely to

attract substantial crowds and are unlike the customary or usual activities generally

associated with the property where the special event is to be held.

238. Special Use: Any specific type of use identified specifically in The Zoning Code or due

to unique characteristics, is subject to the particular requirements or standards

provided in The Zoning Code that may differ from or exceed those required of other

uses in the same zoning district. Special Use zoning normally expires with change of

ownership, unless stated in the permit and approved by the Commission.

239. Street: Any public way (paved or unpaved) for vehicular and pedestrian traffic

whether.

240. Street (Arterial): Any major street in the City’s street system that serves as an avenue

for the circulation of traffic onto, out, or around the City and carries high volumes of

traffic.

241. Street (Collector): Any street, its principal function is to carry traffic between local,

collector and arterial streets but does not provide direct access to abutting properties.

242. Street (Cul-de-Sac): Any street that terminates in a vehicular turnaround.

243. Street (Local): Any street its sole function is to provide access to abutting properties. It

serves or is designed to serve not more than twenty-five dwelling units and is not

designed to handle more than two hundred trips per day.

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244. Structure: Anything manufactured or constructed by humans, as opposed to that

occurring in nature, that is affixed, anchored, or otherwise attached to or below the

surface of the ground.

245. Structure (Accessory): Any structure that is subordinate to and the use of which is

incidental to that of the principal building, structure or use on the same lot.

246. Substantial Improvement: Any repair, reconstruction or improvement of a structure,

the cost of which equals or exceeds fifty percent (50%) of the market value of the

structure either: 1) Before the improvement or repair is started; or 2) If the structure

has been damaged and is being restored, before the damage occurred; 3) For the

purpose of this definition "Substantial Improvement" is considered to occur when the

first alteration of any wall, ceiling, floor, or other structural part of the building

commences, whether or not that alteration affects the external dimensions of the

structure. The term does not include either: (a) Any project for improvement of a

structure to comply with existing state of local health, sanitary or safety code

specifications that are solely necessary to assure safe living conditions; or (b) Any

alteration of a structure listed on the National Register of Historic Places or a State

Inventory of Historic Places.

247. Support Structure: 1) Any structure designed and constructed specifically to support

an antenna array and may include a monopole, self-supporting (lattice) tower, guy-

wire support tower and other similar structure. 2) Any device used to attach a WCF to

an existing building or structure shall be excluded from this definition.

248. Telecommunication Transmission Facility (TTF): Any unmanned facility consisting of

antennae, equipment storage shelter used for the reception, switching and or

transmission of wireless telecommunications including, but not limited to paging,

enhanced specialized mobile radio, personal communication services, cellular

telephone, and similar technologies. (1. Equipment storage shelter is any unmanned

structure used for freestanding facilities or when necessary, roof or building mounted

facilities to house TTF equipment. These shelters shall not exceed four hundred fifty

(450) square feet for each facility; 2 Roof or building-mounted facility is any facility in

which antenna is mounted to an existing structure, on the roof of a building or on the

building face. The facility will include both antenna and related equipment. The

equipment will be located in the existing structure or within an unmanned equipment

storage shelter).

249. Temporary: Lasting for a limited time only; existing or continuing for a limited (usually

short) time; transitory.

250. Temporary Emergency Construction: Any residence (may be a mobile home) that is

located on the same lot as a residence made uninhabitable by fire, flood or other

natural disaster and occupied by the person displaced by such disaster. This definition

also includes nonresidential construction sites occupied by persons having

construction or security responsibilities over such construction site not to exceed six

(6) months without approval from the Planning and Zoning Commission.

251. Temporary WCF: Any portable antenna array or attached wireless communication

facility (WCF) that is designed for temporary placement and does not require the

construction of a support structure.

Ordinance No: 2014-20 Chapter 4: Zoning Code

252. Townhouse: A building consisting of a group of two or more, but not exceeding six

attached dwelling units divided from each other by common walls, with each dwelling

unit situated on a separate lot and each dwelling unit having a separate entrance at

ground level.

253. Travel Trailer Court (Campground): Any parcel of land licensed and used for the

transient commercial parking of occupied travel trailers, mobile homes, pick-up

campers, converted buses, recreational vehicles, tents or similar devices used for

temporary portable housing.

254. Truck Stop: A place providing specialized facilities for retail fueling services for tractor-

trailer or semi-trucks; the site may include related facilities including, but not limited

to, restaurants and overnight parking.

255. Underground Storage Tank: Any single tank or combination of tanks, including

underground pipes connected thereto that are used to contain an accumulation of

fuels, hazardous materials, or other regulated substances, and the volume of which,

including the volume of the underground pipes connected thereto, is ten (10) per

centum or more beneath the surface of the ground. This definition does not include

septic tanks.

256. Usable Open Space: An area that is not encumbered with any substantial structure, is

not devoted to use as a roadway, parking area or sidewalk, is landscaped for ball fields,

picnic areas, or similar facilities or is capable of being used for purposes of informal

and unstructured recreation and relaxation, and is legally and practicably accessible to

the residents of the development or to the public if dedicated for public use.

257. Use, Accessory: See Accessory Use.

258. Use (Principal): See Principle Use.

259. Utility: Any area of land or any structure used for the generation, storage conversion

or transfer of energy or for communication facilities, such as telephone, telegraph,

radio or television, or water distribution or wastewater system whether privately or

publicly owned.

260. Variance: Relaxation of a zoning condition that is not contrary to the public interest

and where, owing to conditions peculiar to the property and not the result of actions

of the applicants, a literal enforcement of the conditions would result in unnecessary

and undue hardship. A variance may be authorized only for area, height, dimension,

distance, setback, off-street parking and off-street loading requirements. Financial

gain or loss shall not be the determining factor in deciding a variance. Variance

represent a permanent change in zoning of the land, unless other restrictions are placed on it

by the Planning and Zoning Commission.

261. Very Low Income: Any households with a gross household income that does not

exceed fifty percent of the area median income as defined by New Mexico Mortgage

Finance Authority for households of the same size within the county in which the

housing is located.

262. Visual Barrier Fence: Any wood panel fencing, chain-link with slats, mess fencing or

any other fencing that provides twenty-five percent (25%) or less open area per square

foot of fencing.

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263. Warehousing Operation: The use of any building, structure or other protected

enclosure in which goods, materials or agricultural products are or may be stored.

264. Warm Season Turf Grass: Any selection or combination of grasses such as Blue Grama,

Buffalo and other grass species which require moderate infrequent applications of

water throughout its life.

265. Wireless Communications Facility (WCF): Any unstaffed facility for the transmission

and or reception of wireless communications services, usually consisting of an antenna

array, transmission cables, equipment facilities, and a support structure.

266. Wellhead: The structural element of a constructed water well that is the source of a

groundwater supply system.

267. Wireless Communications: Any wireless services as defined in the Federal

Telecommunications Act (Public Law 104–104—Feb. 8, 1996) that includes FCC

licensed commercial wireless telecommunications services (PCS), specialized mobile

radio (SMR), enhanced specialized mobile radio (ESMR), paging and other similar

services that currently exist or that may in the future be developed.

268. Xeriscape: Any landscaping using methods that lower water use, amend the soil, and

favor indigenous plant species.

269. Yard: A required open area unoccupied and unobstructed by any structure or portion

of a structure at the general ground level of the graded parcel upward; provided,

however, that fences, walls, poles, posts and other customary yard accessories,

ornaments and furniture may be permitted in any yard subject to height limitations

and requirements limiting obstruction of visibility.

270. Yard (Front): Any yard abutting a street or lying parallel to the front parcel line.

271. Yard (Rear): Any yard abutting a back or rear parcel line.

272. Yard (Side): Any yard abutting a side parcel line.

273. Zero Lot Line (Residential): Any structure or structures whereby the main building is

situated on a lot such that a common wall between attached dwelling units is on or

along a side lot line and may include duplexes, condominiums, patio homes and

townhouses.

274. Zone Map: A map of the City of Rio Communities that delineates the Zone District

boundaries within the City Boundaries.

275. Zoning Authority: The Planning and Zoning Commission.

End of Appendix A

Ordinance No: 2014-20 Chapter 4: Zoning Code

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City of Rio Communities

Code of Ordinances

APPENDIX B

LIST OF SCHEDULED FEES

Contact the Municipal Clerk’s office for current fee schedule or visit the city

website at www.riocommunities.net

End of Appendix B

Ordinance No: 2014-20 Chapter 4: Zoning Code

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City of Rio Communities

Code of Ordinances

APPENDIX C

LIST OF CITY FORMS

Contact the Municipal Clerk’s office for the list of city forms or visit the city

website at www.riocommunities.net.

End of Appendix C

Ordinance No: 2014-20 Chapter 4: Zoning Code

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City of Rio Communities

Code of Ordinances

APPENDIX D

LINE OF SIGHT DIAGRAMS (PLACEHOLDER)

End of Appendix D