Zoning Ordinance 1982

Pursuant to authority conferred by Chapter 14-20-1 through Chapter 14-20-12
as amended of the New Mexico Statutes Annotated,
the Town Assembly of the Town of Cochiti Lake, New Mexico,
does ordain as follows:

Section 1.1 Short Title

These regulations shall be known as the Zoning Ordinance of the Town of Cochiti Lake, and may be referred to herein by such title or as the "zoning regulation" or as "this Ordinance".

In order to promote and protect the public health, safety, peace, comfort, convenience and general welfare and to guide, control and regulate growth and development of the Town of Cochiti Lake (in accordance with the General Development Plan); to lessen congestion in the streets and public ways; to facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements; to ensure development in accordance with the unique natural ecology and natural character of the land; to provide adequate light, air, privacy, and convenience of access to property within the town of Cochiti Lake; to secure safety from fire, flood waters, panic and other dangers and to prevent the overcrowding of lands and the undue concentration of population, the Town Assembly does ordain and enact into law the following zoning ordinance.

(a) In interpreting and applying the provisions of this Ordinance they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

(b) This Ordinance is not intended to abrogate, annul, or impair any easement, covenant, or other agreement between parties, except that where this ordinance imposes a greater restriction or higher standard than that required by such easement, covenant or agreement, the restrictions and standards of this Ordinance shall control.

All buildings, structures and improvements or portions thereof, or use of such buildings or land shall conform with the provisions of this Ordinance.

(a) This Ordinance shall be liberally construed to effectuate its purposes, No ace, determination or procedure shall be invalidated by any error, irregularity or omission therein if such error, irregularity or omission does not adversely and substantially affect the rights of any private person or public agency.

(b) The provisions of this Ordinance shall be severable of any Article, Section, Paragraph, Sentence, Clause, Phrase, word or provision of this Ordinance or the application thereof in any circumstance or to any private person or public agency if for any reason held invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance or the application thereof in other circumstances or to other private persons or public agencies.

(c) If the application of any provision or provisions of this Ordinance to any lot, parcel of land or uses thereof or improvements located thereon is found to be invalid or ineffective in whole or in part by any court of competent jurisdiction, the effect of such decision shall be limited to the property immediately involved in the controversy, and the application of any such provision to other properties and situations shall not be affected.

(d) The Town Assembly hereby declares that it would have passed this Ordinance and each provision and section thereof irrespective of the fact that any one or more of such provisions or section be declared invalid.

(a) Unless otherwise stated herein, the regulations and standards contained in this Ordinance, shall be held to be the minimum requirements for the promotion and protection of the public safety, health and the general welfare.

(b) If a requirement established by any provision of this Ordinance is either more restrictive or less restrictive than a requirement established by any other provision of this Ordinance the requirement which is more restrictive or which imposed higher standards shall govern.

(c) If a requirement established by any provision of this Ordinance is either more restrictive or less restrictive than a requirement established by any other provision of any other Ordinance, rule, regulation or policy of the Town of Cochiti Lake, the requirement which is more restrictive or which imposed higher standards shall govern.

(d) Any Town Ordinance which is more restrictive must be appended hereto as amendment to this Ordinance.

(e) If any of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable.

(a) The definitions contained in this Section govern the construction of this Ordinance, unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof. The word "shall" is mandatory and not directory. The word "include" means not an exclusive definition definition and is not intended to exclude from the category instances not listed. The items listed thereby are illustrative. The word "Town" shall mean the Town of Cochiti Lake, New Mexico. The words "Town Assembly" and "Assembly" shall mean the Town Assembly of the Town of Cochiti Lake. The words "Board of Zoning Adjustment" and "Board" shall mean the Board of Zoning Adjustment duly appointed by the Town Assembly.

(b) The following definitions govern the construction of this Ordinance, unless the context otherwise requires:

Accessory: As applied to a use it shall mean a use necessary to the Operation or enjoyment of a lawfully permitted or conditionally permitted use. A use appropriate, incidental and subordinate shall be permitted as an accessory use when located on the same lot, or on a contiguous lot thereto which is in the same ownership. No use shall be permitted in any zoning district as an accessory use which is not qualified as herein above set forth or which constitutes in effect a conversion of a permitted use to one which is not permitted in that district.

As applied to a structure, it shall mean a structure on a lot other than a main or permitted building, which conforms to the standards applicable for the zoning district in which the structure is situated.

Appropriate Official: An official of the Town of Cochiti Lake, or his employees, authorized and empowered by the Charter of the Town of Cochiti Lake or any ordinance, rule or regulation adopted pursuant thereto to perform any duty or exercise any power to carry out the purposes of this Ordinance.

Automobile Salvage and Wrecking Yard, Junk Yard: Any open use of land on which two or more inoperable vehicles are standing, or on which salvaged auto parts, auto bodies, waste or scrap materials of any kind are processed, stored, displayed, sold, exchanged, or handled.

Block: The properties abutting on one side of a street and lying between the two nearest intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.

Building: Any structure having a roof and used for the housing or enclosure of persons, animals or chattels or property of any kind.

Trailer Park: A tract or area of land, pre-designed by the operator, his predecessor or successor in interest to provide an individual stall or pad for a recreation vehicle or vehicular drawn travel trailer, for use on a limited duration basis to provide sleeping, rest, sanitary facilities and servicing facilities, including water and power sources, for such vehicles and trailers.

Depth: The horizontal distance between the front and rear property lines oa a site measured along a line midway between the side property lines.

District: A portion of the territory of the Town of Cochiti Lake within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. Unless otherwise expressly provided in this Ordinance, permitted uses or conditionally permitted uses in any particular zoning district are not cumulative; the only permitted uses or conditionally permitted uses in a zoning district are those enumerated in the regulations and requirements for that zoning district.

Driveway: A private road, the use of which is limited to persons residing or working on the site and their invitees, licensees and business visitors, which provides access to off-street parking or loading facilities.

Dwelling: A one-family dwelling, multi-family dwelling or lodging house. for purposes of this definition, automobile trailers, hotels, motels, and temporary structures shall not be deemed dwellings.

Dwelling Unit: One or more rooms designed for, or occupied by, one (1) family doing its own cooking therein and having only one (1) kitchen.

Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons, not including servants, who need not be related by blood or marriage, living as a single housekeeping unit.

Floor Area, (Net): The total horizontal area in square feet on each floor within the exterior walls of a structure but not including the area of inner courts, shaft enclosures or exterior walls.

Floor Area, (Gross): The total floor area of a building or buildings in a project or on a site, including basements, mezzanines, upper floors, passageways as measured from the exterior faces of exterior walls.

Frontage: The property line of a site abutting on a street, other than the side line of a corner lot. On a corner lot, the frontage shall be calculated by using the most narrow width of the lot. On a through lot, which is defined for purposes of this Ordinance as a lot which has two or more lot lines separating the lot from a street that do not intersect to form a corner lot, the frontage shall be calculated by using such a lot line that serves as the primary access to the lot.

Garage or Carport: An accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles.

Garage, Repair: A structure or part thereof where motor vehicles are repaired or painted.

Garage, Storage: A structure or part thereof used for the storage, parking or servicing of motor vehicles but not for the repair thereof.

        Home Occupation:    An occupation conducted in a dwelling unit, provided that:
                (a)        Not more than two persons, other than members of a family residing on the premises, shall be regularly engaged in such occupation
                (b)        The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit including accessory buildings shall be used in the conduct of the home occupation.
                (c)        There shall be no change in the outside appearance of the building or premises, nor other visible evidence of the conduct of such home occupation, except for one non-illuminated name plate sign which does not have a sign area of more than one foot square.
                (d)        Primary sale of goods in connection with such home occupation shall be that which is prepared or produced upon the premises.
                (e)        No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Parking for employees and for customers or clients of such home occupation shall be provided off the street and other than in a required front yard. The inability to provide for off-street parking, shall, by itself, be grounds for denying a home occupation
                (f)        No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, it the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In case of electrical interference, no equipment or process shall be used which creates visible or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Industrial Park: A pre-planned facility, providing access, internal circulation, landscaping and services for limited light industrial uses and designed to create an integrated appearance which produces an appropriate physical environment.

Light Industrial: A non-basic industrial use (excluding such uses as ore extraction, wood and pulp processing, metal and chemical reduction and refinement, stamping and milling operations, heavy machinery manufacturing and other similar types of manufacturing operations) where the operation is contained within a structure for the manufacture, assembly, packaging or storage of finished products from previously prepared stock materials, and accomplished within an environment relatively free from offensive or objectionable noise, dust, odor, or other nuisances.

Lot: For zoning purposes, as covered in this Ordinance, a lot is a clearly defined piece of land of sufficient area and dimensions to meet the minimum zoning requirements for width, area, use and coverage, of the Zoning district in which it is located, and to provide such yards and other open spaces as are required herein. Such lot shall have frontage on a public street or on a private street approved by the appropriate official or appropriate officials of the Town of Cochiti Lake. Such lot may consist of all, portions, or combinations of lots of record, provided that, in no case, of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. Lot shall include the words "plot" or "parcel".

Mobile Home: A prefabricated, detached residential dwelling unit which is: designed for human use or occupancy; capable of being moved on a highway or street; intended for permanent residential use but which is not necessarily places upon permanent foundation; and is connected to permanent utilities and services. A mobile home shall only be used for human occupancy, other than on a temporary basis, in the M-S Zoning District.

Motel or Hotel: A structure or portion thereof, or a group of attached or detached structures containing individual guest rooms, suites, or dwelling units, where lodging is provided primarily to transients in return for compensation.

Non-Conforming Structure: A structure which was lawfully erected prior to the adoption of this Ordinance, or any applicable amendment thereto, does not conform with the standards of coverage, yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located.

Non-Conforming Use: a use of a structure or land which was lawfully established and maintained prior to the adoption of this Ordinance, or any applicable amendment thereto but which, under this Ordinance, does not conform with the use regulations for the district in which it is located.

Off-Street Loading Facilities: A or a portion of a site devoted to the loading and unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-Street Parking Facilities: A site or portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.

One Ownership or Common Ownership: Leasehold or sub-leasehold interest of a parcel or contiguous parcels of property or improvements located thereon or possession thereof under a contract to lease or to sub-lease by a person or persons, individually, jointly, in common or in any other manner whereby such property is under single or unified control.

Open Space (Useable): An area or a series of areas on a lot of such shape or shapes that can be suitably utilized for recreation and outdoor living. Required yards less than ten feet in width adjacent to a building or structure, and areas paved for the storage or movement of motor vehicles may not be considered useable open space. Unenclosed balconies, porches, or roof-decks, when properly developed and equipped for the above mentioned purposes, and swimming pools may be considered useable open spaces.

Open Space (Common): A parcel or parcels of land within the site of a planned unit development and designed and intended for the use or enjoyment of residents of the planned unit development, but which under certain conditions also may be used or enjoyed by the general public. Common Open Space may contain such accessory structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and of the public.

Person: A natural person, corporation , firm, business trust, partnership, joint stock company, estate, trust, association, public agency or two or more persons having a joint or common interest.

Planned Unite Development: An area or tract of land, under one ownership to be developed as a single entity for a number of dwelling units or for non-residential uses, or for a combination of residential and non-residential uses, the plan for which may not or does not correspond in lot size, buld or type of dwelling, density, lot coverage and required open space to the regulations established in any one zoning district created, from time to time, under the provisions of this Zoning Ordinance.

Public Agency: Any Agency, Board, Commission or Department of the State of New Mexico, any public district or other political subdivision, or any other public agency, department, board, commission or other administrative unit of the United States Government.

Recreational Vehicle: A self-powered vehicle or a non-self-motive vehicle designed for human use or occupancy and equipped with temporary sleeping and living facilities and used for limited duration traveling, touring and camping purposes.

Service Station: A place where gasoline or any other motor fuel, lubrication oil or grease for the operation of passenger vehicles is offered for sale to the public and deliveries are made directly into the vehicle, including lubrication on the site and the washing of automobiles where no chain conveyor, blower or steam cleaning device is used.

Sign: Any structure, part thereof, or device or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee, or similar appendage, or permanently affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark , or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service business, profession ,enterprise or industry.

Site Area: A parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

Stable: A structure accessory to a dwelling, used or designed to be used to shelter horses belonging to the occupants of the dwelling and not available for hire, including a corral or paddock.

Street (Public): A right-of-way dedicated to common and general use by the public, including any avenue, drive, boulevard, parkway, highway or similar way and maintained by the Town, the County of Sandoval, or the State of New Mexico.

Street (Private): A right-of-way or easement in private control, not dedicated to common and general use by the public, and not maintained as a public street and not an alley (defined as a right-of-way less than thirty (30) feet in width) which is the principal means of access to two (2) or more sites.

Structure: Anything constructed or erected which requires a location on the ground, including a building, mobile homes and signs, but not including a swimming pool, a fence or a wall used as a fence.

Structure, Accessory: A detached, subordinate structure or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use.

Structure, Main: A structure housing the principal use of a site or functioning as the principal use.

Swimming Pool: A pool, pond, lake or open tank capable of containing water to a depth greater than one and one-half feet at any point, the primary use of which is swimming or wading.

Townhouse: A single-family dwelling attached to one or more other single-family dwellings and designed as a unit in an integral cluster of single-family dwellings. Such single-family dwellings may have common interior walls or may have double interior walls.

Use: The purpose for which land or premises or a structure thereon is arranged, designed, intended, constructed, erected, moved, altered, occupied, maintained or enlarged.

Use, Accessory: A use which is appropriate, subordinate and customarily incidental to the main use of the site and which is located on the same site as the main use.

Width: The horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Yard: An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, including a front yard, side yard, rear yard, or space between structures.

Yard, Front: A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

Yard, Rear: A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.

Yard, Side: A yard extending from the rear line of the required front yard or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

In order to carry out the purposes and provisions of this Ordinance the several classes of General Zoning Districts hereby established and into which the Town of Cochiti Lake is divided are designated as follows:

The designations, locations and boundaries of the districts established by this Ordinance shall be shown upon the "Zoning Map of the Town of Cochiti Lake" which shall consist of a series of numbered sectional maps. Wherever any uncertainty exists as to the boundary of any district as shown on said sectional maps, the following rules shall apply:

(a) Where boundary lines are indicated as following streets and alleys, they shall be construed as following the center lines thereof:

(b) Where boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(c) Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated upon the zoning map using the scale appearing on such maps;

(d) Where a lot held in one (1) ownership is divided by zoning district boundary lines, the entire lot shall be construed to be within the less restricted zoning district:

(e) Where further uncertainty exists, the Board of Zoning Adjustment upon written application, or on its own motion, be resolution determine the location of a disputed boundary, giving due consideration to the apparent indicated location thereof and the scale of the zoning map and the express purposes of this Ordinance.

(a) The zoning map of the Town of Cochiti Lake referred to in Section 3.1, the original of which is on file with the Secretary of the Town Assembly under File No. ? together with all legends, symbols, notations, references and other matter shown thereon, is hereby incorporated herein as though fully set forth and the designations, locations and boundaries of districts shall be shown thereon, subject to the provisions of Section 3.1 hereof. The zoning map may be amended by ordinance adopted by the Town Assembly in accordance with Section 27.2, relating to amendments approved by the Board of Zoning Adjustment, or by ordinance or resolution adopted by the Town Assembly in accordance with section 27.2, relating to amendments disapproved by the board of Zoning Adjustment. Such amendments whether heretofore or hereafter adopted shall not be printed or reprinted as part of this Ordinance, but the changes so authorized thereuopn shall be incorporated in the zoning map and shall be included in any subsequent editions thereof.

(a) Except as otherwise provided herein, land buildings, and premises in any district shall be used only for the purposes listed herein as permitted in that district, and in accordance with the regulations herein established for that district.

(b) An appropriate official of the Town of Cochiti Lake shall issue a certification to the effect that the use or proposed use of a building or premises conforms to the provisions of this and related ordinances, prior to the occupancy of any building erected, enlarged or structurally altered, or where any vacant land is proposed to be occupied or use.

(a) No building shall be constructed, reconstructed, enlarged, altered or relocated so as to have or result in a greater height, a higher proportion of lot coverage, a greater number of dwelling units, less required open space as defined in this Ordinance or less off-street parking space or loading space than permissible under the limitations set forth herein for the district in which such building is located.

(b) No required open space, off-street parking space or loading space existing or provided hereafter about, in or on any building shall be reduced below the minimum requirements therefore set forth in this Ordinance. No required open space, off-street parking space or loading space existing or hereafter provided for a building or the use and necessary to meet or meet partially the requirement of this Ordinance for such building or use shall be considered as all or part of the required open space, off-street parking space or loading space required for any other building or use; except as provided in Section 21.1 of this Ordinance for the collective provision or joint use of parking.

(a) No lot shall be created or reduced so as to be smaller in dimension or area than allowed by this Ordinance.

(b) No lot shall be created or reduced in relation to any building thereon so as to create a violation of any of the requirements of this Ordinance.

(c) Provided that nothing in section 3.4 or 3.5 of this Ordinance be interpreted or construed in such a manner as to prevent approval of a planned unit development.

(a) This Ordinance shall not limit or interfere with temporary use of any property as a public voting place, or with the construction, installation, or operation by any public agency or private corporation of any street, of any utility pipe, conduit, or sewer, of any power, transmission, communication, or transportation line, or of incidental appurtenances to any of the above when located in a street, alley or utility easement.

(a) These zoning district classifications are intended to be applied in areas to be developed for single-family residences which is defined as a building that contains exclusively a single-dwelling unit. It is the purpose of the regulations contained herein to create residential areas that facilitate development in accordance with provisions for adequate community service facilities, recreational facilities and environmental amenities. Certain structures and uses required to serve governmental, educational, religious, limited commercial, recreational and other immediate needs of such areas may be permitted within such districts, provided that sufficient conditions be observed in permitting such developments to protect and enhance the character and nature of such areas.

(b) The permitted uses and standards therefore in Single-Family Residential Districts (R-E; R-A; R-1; R-T; M-S; R-C) shall be those set forth and enumerated in Table Number #1, which is attached to this Ordinance and which is incorporated herein.

(c) The following uses in Single-family Residential Districts (R-E; R-A; R-1; R-T; M-S; R-C) shall be subject to approval of the board of Zoning Adjustment, as provided in Article XXVII, Section 27.3 of this Ordinance:

        (1)    Nursery schools;
        (2)    Private schools;
        (3)    Public schools and other public educational facilities;
        (4)    Churches;
        (5)    Temporary Real Estate Offices;
        (6)    Temporary signs advertising temporary uses on the site:
        (7)    Home occupations;
        (8)    Any permitted use in a GB District or in an A-P District;
        (9)    Temporary structures and operations in connection with, and on the site of, building or land development, including grading, paving, installation of utilities, erection of field offices, erection of structures for storage of equipment and building materials, and similar equipment and material shall be permitted for only such time as may be reasonably required to accomplish the purposes for which they were erected and provided further that all such structures, equipment and materials be completely removed from the site within thirty (30) days after the completion or termination of such work. ... a grace period of an additional fifteen (15) days to effect the removal of items and structures incident to construction shall be granted upon application; in writing, by the Contractor, to the Zoning Board. Failure to accomplish complete removal within the allotted time shall result in an assessment of $100.00 per day for a period not to exceed thirty (30) days during which time material has not been removed. At the end of this period, the Town shall be empowered to confiscate all property, material, equipment, and similar items and to sell same to defray the expenses of effecting such removal. No further building permits will be issued to such Contractors until the above described assessment has been paid. A copy of this section of the Ordinance shall be provided each Contractor seeking permission to erect such temporary structures or storage areas.
        (10)    Day Care Centers
        The establishment and operation of Day Care Centers must conform to all existing and future requirements, rules and/or regulations established by Town, County, or State Statutes, Laws or Ordinances. Those establishing the most strict provisions for the health and welfare of the children involved will prevail.

(d) Accessory uses and accessory Structures are permitted in Single Family Residential Districts provided they are in accordance with the following standards:

        (1)    They are customarily accessory and clearly incidental and subordinate to permitted or conditionally permitted uses and structures; and
        (2)    They do not involve the conduct of business on the premises, except home occupations; and
        (3)    They are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership; and
        (4)    They are not of the nature likely to attract visitors in larger numbers than would normally be expected in a Single Family Residential Neighborhood; and
        (5)    They do not involve operations not in keeping with the character of a Single-Family Residential Neighborhood; and
        (6)    They do not create or produce or cause to be created or produced offensive odors, noise, dirt, or other pollutants or noxious or offensive emissions.

    (a)    These zoning district classifications are intended to be applied in areas to be developed for multiple family residences which is defined as a building that contains two or more dwelling units. It is the purpose of the regulations contained herein to create a multiple-family residential zoning district that facilitates residential development that protects and enhances the natural character and natural environment of the area.
    (b)    The permitted uses and standards therefore in Multiple Family residential Districts (R-2; R-3; R-4; C-T) shall be those set forth and enumerated in Table Number #1 which is attached to this Ordinance and which is incorporated herein.
    (c)    The uses enumerated in Section 4/1 (c) shall be conditionally permitted in a Multiple Family residential district subject to approval of the Board of Zoning Adjustment as provided in Article XXVII, Section 27.3 of this Ordinance.
    (d)    The accessory uses and accessory structures enumerated in Section 4.1 (d) shall be permitted in a Multiple family Residential District subject to the same items and conditions as stated in Section 4.1 (d) above.

(a) The zoning district classification is intended to be applied in areas to be developed to supply retail goods and personal services at convenient locations to meet the frequent and recurring needs of residents of nearby residential areas. The size and use of commercial buildings and facilities herein are intended to be consistent with providing neighborhood commercial services to those residents. Close concentrations of complementary commercial uses are encouraged, with minimum interruption by open uses and non-retail enterprises. it shall be recognized that it is important to provide a physical environment in such commercial areas appropriate to the location, site and nature of services being offered therein so as to promote the economic growth and stability of such areas.

    (b)    The permitted uses n the Neighborhood Commercial Center District (C-N) shall be as follows:
            (1)    Food Market.
            (2)    Drugstore and Pharmacy.
            (3)    Laundry and Dry Cleaning establishments, pick-up and delivery service only.
            (4)    Personal Services, including barber, beautician, shoe repair and similar service establishments, but excluding professional services.
            (5)    Automobile Service Station, but excluding automobile repair garages.
            (6)    Restaurant and Soda Fountains.
            (7)    Nursery Schools.
            (8)    Churches and Synagogues.
            (9)    any use permitted in a Public District which is free from offensive or objectionable noice, odor and other nuisances and which is consistent with the intention of creating a Neighborhood Commercial Center Zoning district as expressed herein.

(c) Accessory uses and structures normally associated with such retail and commercial uses and services shall be permitted in a C-N zoning district, provided they are consistent with the purposes, appearance and character of the Neighborhood Commercial Center area.

(d) The maximum height above ground level for any building in a C-N District is thirty-five (35) feet. The maximum number of stories above ground level is three (3).

(a) This zoning district classification is intended to be applied in areas to be developed for major commercial and retail uses and services for the Town of Cochiti Lake. Due to the fact that this district includes the main shopping centers of the Town of Cochiti Lake, and given the importance to the Town of creating and maintaining economically healthy commercial areas, it is important that development in this district be consistent with the expressed objectives of creating a physical environment with a high level of environmental amenities and functional integrity.

            (1)    Department Stores.
            (2)    Apparel Shops
            (3)    Furniture and Appliance Stores.
            (4)    Variety and Gift Shops.
            (5)    Restaurant-Lounge
            (6)    Establishments where food is prepared to be purchased and consumed off the premises.
            (7)    Specialty Shops including Sporting Goods, Art and Crafts and similar shops.
            (8)    Commercial Services including Banks, Insurance Companies and Agencies, Abstract and Title Companies, Real Estate Offices and similar services.
            (9)    Any use or Personal Services permitted in C-N District.
            (10) Professional and Administrative Offices including Doctors' Offices, and Clinics, Lawyers' Offices and similar offices.
            (11) Commercial Recreation Establishments.
            (12) New Automobile Sales, including repair and service incidental to sales.
            (13) Hotels and Motels.
            (14) Private Clubs, Lodges and Commercial Taverns.
            (15) Art Galleries and Museums.
            (16) Bus Depots, Heliports, and similar terminal transportation.
            (17) Hospitals
            (18) Medical Clinics.

(c) Accessory uses and structures normally associated with such retail and commercial uses and services shall be permitted in C-C Zoning district, provided they are consistent with the purposes, appearance and character of the Community commercial Center Area.

(d) The following uses in a C-C District shall be subject to approval of the board of Zoning Adjustment as provided in Article XXVII, Section 27.3 of this Ordinance:

            (1)    Nursery Schools.
            (2)    Churches and Synagogues.
            (3)    Permitted Uses in a Residential Zoning District.
            (4)    Permitted Uses in a Recreation Zoning District.

(e) The maximum height above ground level for any building in a C-C District is thirty-five (35) feet. The maximum number of stories above ground level is four (4). Provided, however, that a building may exceed this maximum height limit if the Board of Zoning Adjustment shall approve a conditional use application for a greater height pursuant to Article XXVII, Section 27.3 of this Ordinance.

(a) This zoning district classification is intended to be applied in areas to be developed for certain enumerated general commercial uses taht provide direct service to the general community, but which because of their character or nature of operation are considered to be most appropriately located in a separate area.

    (b)    The permitted uses in the C-G District shall be as follows:
            (1)    Automobile service and repair conducted entirely within an enclosed structure.
            (2)    Automobile wash facilities.
            (3)    Boat sales and services.
            (4)    Building supplies, including lumber yards and contractors' yard, excluding automobile salvage, wrecking and junk yards.
            (5)    Repair Shops.
            (6)    Veterinarian offices and animal hospitals.
            (7)    Feed and fuel stores.
            (8)    Nurseries and garden supplies.
            (9)    Automobile service stations of the type permitted in a C-N District.
            (10) Laundry and Dry Cleaning Plants.

(c) Accessory uses and structures normally associated with such uses shall be permitted in a C-G Zoning District, provided they are consistent with the purposes, appearance and character of the General Commercial District.

    (d)    The following uses in a C-G District shall be subject to approval of the Board of Zoning Adjustment, as provided in Article XXVII, Section 27.3 of this Ordinance.
            (1)    Nursery Schools.
            (2)    Churches and synagogues.
            (3)    Public Utility power substations, pumping stations and similar facilities.

(e) The maximum height of any building in a D-G District is thirty-five (35) feet. The maximum number of stories above ground level is four (4).

(a) This zoning district classification is intended to be applied in areas to be developed for recreation purposes in order to provide appropriate areas of the Town of Cochiti Lake for the recreation use of the citizens of the Town of Cochiti Lake.

    (a)    The permitted uses in a recreation zoning district shall be as follows:
            (1)    Neighborhood Community Recreation Centers.
            (2)   Marine.
            (3)    Gymnasium.
            (4)    Arenas.
            (5)    Camp and Picnic Sites.
            (6)    Court Games.
            (7)    Swimming Facilities and Pools.
            (8)    Horseback Riding Facilities.
            (9)    Golf Course and Related Facilities
            (10) Outdoor Theaters.
            (11) Turf Game Areas.
            (12) Arts and Crafts Facilities.
            (13) Restaurants.
            (14) Hotels.
            (15) Skiing and related Facilities.
            (16) Ice Skating and Related Facilities
            (17) Any other use commonly accepted as a recreation use and which is consistent with the purposes of Section 6.1 (a) of this Ordinance.

(b) The following uses in Recreation-(A-P) Districts shall be subject to approval of the Board of Zoning Adjustment, as provided in Article XXVII, Section 27.3 of this Ordinance:
(1) Variety Stores.

    (a) Accessory uses and accessory structures associated with permitted uses in a Recreation Zoning District shall be permitted therein, provided they are in accordance with the following standards:
            (1)    They are customarily accessory and clearly incidental and subordinate to permitted or conditionally permitted uses and structures; and
            (2)    They are located on the same lot as the permitted use or structures, or on a contiguous lot in the same ownership; and
            (3)    They, are of a character and appearance consistent with and not incompatible with the permitted use or structure; and
            (4)    They do not create or produce or cause to be created or produced offensive odors, noise, dirt or other pollutants or noxious or offensive pollutants.

(a) This zoning district classification is intended to be applied in areas to be preserved in Open Space. The Town Assembly in creating this district classification recognizes the importance of preserving areas within the Town of Cochiti Lake in their natural state and of preserving their natural beauty, and of providing natural areas integrally related to the areas of the Town of Cochiti Lake that are to be developed.

    (a) The permitted uses in a Greenbelt Zoning District shall be as follows:
            (1)    Hiking and horseback riding and related facilities thereto.
            (2)    Archeological explorations and investigations.
            (3)    Any recreational use which does not involve related facilities requiring a building or buildings.

(a) In a Greenbelt Zoning District, no off-the-trail motorized vehicle of any type shall be operated or used except as permitted on specially designated trails provided for the use and operation of such vehicles.

(a) This zoning district classification is intended to be applied in areas wherein the land is leased by the Town of Cochiti Lake or other public agency and used for public or governmental purposes. The purpose of designating such lands as a P District on the zoning map of the Town of Cochiti Lake is to locate such districts in such a manner as to facilitate public access thereto and thereby better serve the citizens of the Town of Cochiti Lake.

    (a) The permitted uses in a Public Zoning District shall be as follows:
            (1)    Public schools and other public educational facilities.
            (2)    Libraries.
            (3)    Fire protection and central facilities.
            (4)    Town administration.
            (5)    Police facilities.
            (6)    Health facilities, including hospitals, medical clinics, sanitariums and nursing homes.
            (7)    Sewage and sanitation collection, treatment and disposal facilities.
            (8)    Water pumping stations, tanks and related support facilities.
            (9)    Utility facilities.
            (10) Municipal maintenance facilities, including corporation yards.
            (11) Any other use or uses sponsored by any public agency that are consistent with the purposes of this Ordinance.

(a) This zoning district classification is intended to be applied in areas to be developed for light industrial purposes. This district is established to provide land in appropriate locations that can be used for light manufacturing purposes and research purposes. The regulations herein are intended to facilitate coordination between uses within the zoning district and to protect adjoining areas from offensive noise, odor, dirt, or other pollutants and to provide an environment compatible with the character and use of the location.

    (b) The permitted uses in an Industrial District shall be as follows:
            (1)    Light industrial research and development activities.
            (2)    Light industrial manufacturing activities or assembly of or packaging of previously manufactured or finished products.
            (3)    Light industrial warehousing and wholesaling activities, distribution and storage activities.
            (4)    Administrative, executive and research facilities.

    (c) The following standards shall apply in an Industrial District:
            (1)    The minimum lot area shall be one-half acre (21,780 square feet).
            (2)    The maximum height of a structure above ground level shall be thirty-five (35) feet. The maximum number of stories above ground level shall be three (3).

(d) The following uses in an Industrial Zoning District shall be subject to approval of the Board of Zoning Adjustment, as provided in Article XXVII, Section 27.3 of this Ordinance:
(1) Automobile salvage, and wrecking yards, provided that the location, use, operation and maintenance of such automobile salvage and wrecking yards are consistent with the general purposes of this Ordinance and with the specific purposes expressed in Section 9.1 (a) of this Ordinance.

(a) This zoning district classification is intended to be applied in areas of the Town of Cochiti Lake wherein studies are being conducted to determine the appropriate uses to be permitted therein. It is a temporary classification to permit the Town of Cochiti Lake to exercise temporary control of the development of such areas so as to prevent any changes in the use of land which may be inconsistent with the General Development Plan and precise zoning being formulated.

(b) All uses in an S District shall be subject to approval of the Board of Zoning Adjustment as provided in Article XXVII, Section 27.3 of This Ordinance.

(a) It is the intent of this Section to provide standards for off-street parking and off-street loading facilities, for automotive vehicles. The purpose of these provisions is to prevent congestion of public and private streets, and to promote the safety and welfare of the public.

(b) The following standards for off-street parking shall apply to all uses and structures within the Town of Cochiti Lake:

Use or Activity Residential Uses	Minimum Number of Off-Street Parking Spaces Required
Single-Family Detached Dwellings	Two spaces on lot for each dwelling unit.
Mobile Homes	Two spaces on lot for each mobile home stand.
Trailer Parks,	One space on lot for each trailer stand.
Multiple-Family Dwellings	Two spaces on lot for each dwelling unit.
Town Houses	Two spaces on lot for each dwelling unit, at least one of which shall be a carport or garage space; in certain limited instances, the total parking spaces available on a lot may be limited to one carport or garage space for each dwelling unit, provided that an additional parking space shall be allocated to that dwelling unit in an approved public parking bay.
Commercial Uses Food market; pharmacy; laundry; restaurants, lounges, cafes and similar establishments; department stores; apparel stores; furniture stores; variety and gift stores; food preparation stores, specialty shops; personal service shops.	One parking space for each 200 sq. ft. of gross floor area.
Commercial recreation services and facilities	One parking space for each six (6) seats in an auditorium or one parking space for each 100 sq. ft. of gross floor area, whichever provides the greater number of parking spaces.
Hotels and Motels	One parking space for each guest unit plus one parking space for the manager unit, plus one parking space for each employee.
Private Clubs; Lodges and Commercial Taverns.	One parking space for each 100 sq. ft. of gross floor area.
Medical Facilities, including hospitals, medical clinics, sanitariums, and nursing homes.	One parking. space for each four (4) employees excluding medical staff, plus one parking space for each four (4) beds, plus one parking space for each doctor or member of the medical staff.
Commercial services; automobile sales; building supply shops; repair shops; veterinarian offices; and animal hospitals; feed and fuel stores; plant nurseries and garden supplies professional and administrative services.	One parking space for each employee, plus one parking space for each 400 sq.ft. of gross floor area.
Automobile service stations; passenger transportation terminals; automobile repair stations; automobile car wash; boat sales and services	One parking space for each employee, plus one parking space for each 400 sq. ft. of gross floor area.
Light Industrial Uses Research and development activities; manufacturing assembly and packaging activities; warehousing and storage activities	One parking space for each employee, plus one parking space for each 400 sq. ft. of gross floor area.
Public and Institutional Uses Municipal, administrative, police, fire and health service facilities	Two parking spaces per employee.
Libraries; art galleries, museums	One parking space for each 150 sq. ft. of gross floor area.
Churches; auditoriums	One parking space for each four (4) seats in the main auditorium (each 22 inches of bench shall be considered one seat).
Schools, Public and Private grade levels: Nursery School Grades 1-9 Grades 9 and above	Circular drive for loading and unloading. One parking space for each employee One parking space for each employee plus one parking space for each thirty (30) students One parking space for each six (6) students plus one parking space for each one (1) employee, plus one parking space for bus for each forty (40) students.

Type of Parking Space	Space Length	Space Width	Aisles	Maximum Slopes
Parallel	25 feet	9 feet	12 feet	Aisles and parking spaces: 10% Access Roads
45 Degrees	20 feet	9 feet	12 feet
60 Degrees	20 feet	9 feet	12 feet
90 Degrees	20 feet	9 feet	12 feet

Use	Gross Floor Area of Building or Use (sq. ft.)	Minimum number of off-street freight- loading spaces required
Retail stores, wholesaling, manufacturing, and all other uses:	Up to and including 40,000 sq. ft.	One
Primarily engaged in the handling of goods.	Over 40,000 sq.ft.	One, plus one additional loading space for each additional 30,000 sq.ft. of ground floor area
Offices, hotels, and all other uses not included above	Up to and including 75,000 sq. ft.	One
Offices, hotels, and all other uses not included above	Over 75,000 sq. ft	One, plus one additional loading space each additional 50,000 sq. ft.