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.

(a) The purposes of these standards are to prevent erosion and other adverse environmental effects resulting from land development activities and to provide for proper landscaping, drainage, grading and maintenance of all sites developed for human use or occupancy.

(b) The Town of Cochiti Lake declares herein that the creation and maintenance of a suitable physical environment through the provision for proper landscaping and vegetation on all developed sites is an important municipal purpose, and is to be implemented through standards contained in this Ordinance.

        (c)     (1)     All persons developing or improving land or constructing any structure on land shall take whatever actions are necessary to preserve and protect existing vegetation including ground cover, shrubs and trees, on the site to be developed or improved.
                (2)      Such persons shall protect and preserve or cause to be protected and preserved insofar as reasonably practical, all such existing vegetation during construction and maintenance of such development, improvements and structures.
                (3)      In the event that any such existing vegetation shall be removed, destroyed, or otherwise significantly impaired during construction, installation and maintenance of such improvements or structures, the person or persons who caused such construction, installation or maintenance to be undertaken shall be responsible for replacing on the site all vegetation removed, destroyed or otherwise significantly impaired.
                (4)     Replacement vegetation shall be provided where reasonably practical in an equivalent amount of the vegetation destroyed, removed or significantly impaired. The person or persons responsible for providing such replacement vegetation shall provide for suitable maintenance of all vegetation on the site, including existing vegetation not destroyed or impaired during development and replacement vegetation provided pursuant to this Section 21.2.

(d) (1) Replacement vegetation provided adjacent to public open spaces shall consist of native plants indigenous to the area.

(2) In areas not adjacent to public open spaces, plants not indigenous to the area may be permitted provided that proper environmental safeguards are observed to ensure that no damage occurs to existing native plants as a result of planting such non-indigenous vegetation, and provided further that in no event shall female cottonwood trees and Chinese elm trees be permitted.

    (e)     (1)     Screens composed of berms, hedges, fences and walls or a combination of any or all of these shall be required within all zoning districts in the following instances:
                       a)     A screen around all outdoor garbage receptacles
                       b)    A screen around all service yards
            (2)     The minimum height for such screens shall be five feet and shall in all cases be of material which is non-reflective. No fences visible from a street or other public area will be permitted unless covered on the side facing the public area with planting or other opaque, non-reflective material. All residences in R-T Districts shall have walls of opaque, non-reflective material at least three feet in height on side lot lines where there are no building walls and on rear lot lines: except, that no walls shall be required on lot lines separating two patios or two entry passages or a patio and an entry passage and no walls shall be required on lot lines separating front yard set-back areas.
            (3)     In no event shall any fence restrict, interfere with, or block any significant view from on-or off the site, nor shall any fence restrict circulation of air or sunlight to the site or to ,adjacent sites. All fences shall consist of suitable materials and shall be of suitable design and appearance.

(a) The purpose of this section is to provide standards for animals and protect and enhance the character and nature of residential areas.

(b) The following standards for animals shall apply in all single family and multi-family residential districts (R-E; R-A; R-1; R-2; R-3; R-4; R-T; M-S; RC;) Unless permitted by Table #1, no livestock, poultry swine or other animals shall be raised or bred or kept, except that the occupant of a dwelling unit may keep for his personal use not more than three animals generally accepted as household pets, such as dogs or cats, provided that the animals are restrained from becoming a nuisance or annoyance. All animals shall be, at all times, either leashed or properly confined.

(a) The purpose of this Article is to protect the natural scenic beauty of' the Town of Cochiti Lake, to attract and direct persons to various activities within the Town in order to provide for the maximum public convenience, to encourage a desirable physical character which has a minimum of overhead or eye level clutter and to enhance the economic value of the Town.

(a) No sign, either attached or free standing, shall be permitted except as prescribed herein.

(a) Accessory Sign or On-Premises Sign: A sign which advertises goods sold, manufactured or produced. or entertainment services or uses conducted, sold or offered on the property upon which such sign is located or which indicates the name of the business, name of the person, firm or corporation occupying the premises.

(b) Attached Sign: A sign supported, in whole or in part, by a building or structure.

(c) Free-standing Sign: A sign which is supported by one or more uprignts, poles or braces in or upon the ground or which is placed upon a fence, planter, wall, retaining wall or other structure not an integral part of any building upon the premises.

(d) General Advertising Sign: A sign of any character and material which directs attention, advertises or informs about a business, commodity, industry, product, services, uses or other activity which is sold, offered or conducted elsewhere than on the premises upon which such sign is located.

(e) Illuminated Sign: An internally illuminated sign means a sign designed to give forth artificial light through transparent or translucent material from a source of light within such sign. An indirectly illuminated sign is a sign illuminated with a light directed primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs. A non-illuminated sign is a sign not illuminated, internally or indirectly.

            (1)    Signs on the roof of a structure;
            (2)    Signs projecting above the upper edge of any building wall or parapet;
            (3)    Flags, banners and colored objects designed to rotate or move with the wind, except for flags of the United States of America, the State of New Mexico or any political subdivision thereof or a single such flag or banner which is an emblem of business firms or other organizations:
            (4)     Illuminated signs that flash, blink, vary in intensity or frequency, move rotate or revolve or signs with visible mechanical movement or any description or other apparent visible movement achieved by electrical, electronic or mechanical means. This shall not apply to a sign, maintained in proper condition, changing as to show time and/or temperature or other weather conditions;
            (5)     Any sign which because of its location would prevent free ingress to or egress from any door, window or fire escape, or would obstruct an outward view from any living area;
            (6)    Any sign attached or affixed to a standpipe, fire escape or to a tree, shrub, rock or other natural object;
            (7)    Any sign located in such a manner as to obstruct free and clear vision, or the view of any authorized traffic sign, signal or device or which in any way creates an unsafe distraction for motor vehicle operators or pedestrians;
            (8)    Any sign which projects beyond or over the property line of the property on which the sign is located;
            (9)    Signs which incorporate projected images or emit any sound which is intended to attract attention;
            (10) Any general advertising sign or non-accessory sign provided that off-premise signs or other informational displays providing information as to public services, or directional or informational off-premises signs not greater than four (4) square feet in area advertising places of public worship, hospitals, schools, eleemosynary institutions or other public facilities and activities shall be permitted;
            (11) Any sign located with less than six (6) feet horizontal clearance from overhead electrical conductors or less than twelve (12) feet vertical clearance from overhead electrical conductors.

(a) A sign which is in compliance with the provisions of this Section 25.5 shall be a permitted use.

    (b)    (1)    In residential zoning districts, R-E, R-A, R-l, R-T, and M-S, a name plate, non-illuminated and not more than one square foot in area identifying a single-family home shall be permitted.
            (2)    In residential zoning district R-2, a name plate, non-illuminated and not more than one square foot in area identifying an individual unit within a multiple-family dwelling shall be permitted.
            (3)    In residential zoning districts R-3 and R-4, a name plate, non-illuminated and not more than twenty (20) square feet in area for each total development project plus building identification or name signs the sum of whose sign area shall not be greater than twenty (20) square feet shall be permitted.
            (4)    A permanent sign, non-illuminated, not more than twenty (20) square feet in area, identifying a residential development and located on the site of the development may be permitted.

    (c)    (1)     In commercial zoning districts, C-N, C-C and C-G, and in industrial zoning district, I, the following signs shall be permitted:
                      a)    Identification signs, indirectly illuminated or internally illuminated with a total permitted sign area of forty (40) square feet identifying an individual business, provided that no sign shall exceed twenty (20) feet in height above average ground level.
                      b)    Identification signs indirectly illuminated or internally illuminated with a total permitted sign area of one hundred sixty (160) square feet identifying a planned commercial or industrial project or facility shall be permitted provided no sign shall exceed forty (40) feet in height above ground level.

(d) In all zoning districts, signs identifying or providing information regarding any use permitted in a public (P) Zoning District, a recreation (A-P) Zoning District or an open space (O-S) Zoning District shall b~ permitted, provided that the maximum total permitted sign area identifying such use shall be thirty (30) square feet. No such sign shall be internally illuminated.

(e) In all zoning districts, on-premise directional signs providing vehicular and/or pedestrian traffic or parking assistance shall not be included in the calculation of the amount of total permitted sign area, provided that the maximum permitted sign area for anyone sign is six (6) square feet.

(f) In all zoning districts., one real estate sign, on the site, non-illuminated, not more than twelve (12) square feet in area and identifying property or improvements for sale or lease shall be permitted. Such sign shall be removed by the buyer or lessee within fifteen (15) days after the close of escrow, rental or lease.

(g) (1) In all zoning districts, a temporary sign of any nature, character or purpose, non-illuminated, excluding a real estate sign, not more than twelve (12) square feet in area may be permitted upon receipt of a sign permit from the zoning administrator. A temporary sign shall be completely removed within six (6) months from the date on which it was erected or installed.
(2) Provided that a temporary sign with a sign area greater than twelve (12) square feet, providing information regarding existing or planned community facilities or services or providing directional assistance thereto, may be permitted if such sign shall be approved by the Board of Zoning Adjustment pursuant to Article XXVII, Section 27.3 of this Ordinance.

(h) (1) All signs erected, installed or constructed pursuant to the provisions of this Ordinance shall be maintained in good order and repair by the lessee or sub-lessee of the property on which the sign is located or by the person erecting, installing or constructing such sign.
(2) Any sign which advertises a business unrelated to the present occupant or his business or any sign which pertains to a time, event or purpose which no longer applies or any sign located on property which becomes vacant and unoccupied for a period of six (6) consecutive months or more is presumed to have been abandoned, and shall be removed by the persons having the beneficial use of the building or the land on which the sign is located. Upon failure to comply with this provision, a duly designated and authorized public official of the Town of Cochiti Lake shall remove or cause removal of such sign or signs and any expense incident thereto shall be paid by the person having the beneficial use of the building or the land on which the sign is located.

    (a)     Pursuant to Article X, Section 1000 of the Charter of the Town of Cochiti Lake, there is hereby established a Board of Zoning Adjustment which shall consist of five (5) members, appointed by the Town Assembly~ The members shall serve for overlapping terms of three years or thereafter until their successors are appointed, except that the original appointments shall be one for one year, two for two years and two for three years. Vacancies on the Board shall be filled for the un-expired term in the same manner as for any other appointment to a Board or Commission of    the Town.
    (b)     Three members of the Board constitute a quorum. The Town Assembly shall designate one of the members of the Board as Chairman. The Chairman may vote on all questions. Members shall be removable for cause by the Town Assembly upon written charges and after public hearing. Members shall receive no compensation for services rendered in the normal course of business of the Board, provided that expense incurred by Board members in performance of their duties shall be recoverable from the Town of Cochiti Lake in an amount not exceeding twenty five dollars ($25.00) per Board meeting.
    (c)     All Board members shall be property owners in the Town of Cochiti. Members shall be selected so as to take advantage of the maximum technical expertise available in the area of land use and planning or civil engineering and/or related fields.
    (d)     The Board shall keep minutes of its proceeding, showing the vote of each member upon each question, or if absent or failing to vote,. indicating such fact, and shall keep permanent records of all of its recommendations, decisions and actions. Such records shall be open for public inspection under such reasonable conditions as the Board shall determine appropriate.
    (e)     The Board shall meet at such times and at such places within the Town of Cochiti Lake as are necessary to accomplish the purposes of this Ordinance, provided that the Board shall meet officially at least one time every month of every year. The Board shall establish rules governing the recess, adjournment, postponement and continuation of Board meetings, and public hearings conducted by the Board.
    (f)     The Board shall by: general rules adopt such rules, regulations and policies as are necessary to administer and enforce the provisions of this Ordinance. A majority vote of all of its members shall constitute approval of an application or of a motion or any other matter requiring Board approval.
    (g)    The Board, any members of the Board or the Zoning Administrator or any combination thereof may meet with an applicant for a planned unit development prior to submission of an application, provided that no statements or representations made in such meeting shall be binding on the Board, any members thereof or the Zoning Administrator in future actions.

(a) The Board of Zoning Adjustment shall have the following powers and duties:
            (1)     Unless and until a separate and distinct planning commission is established by the Town Assembly, to act as the planning commission for the Town of Cochiti Lake and to exercise all powers granted to municipal planning commissions under appropriate New Mexico State enabling legislation;
            (2)    To act as the Zoning Commission of the Town of Cochiti Lake pursuant to appropriate New Mexico State enabling legislation;
            (3)     To administer and to enforce the provisions of this Ordinance in accordance with the manner provided by The Town Assembly;
            (4)     To exercise any other additional powers that the Town Assembly may delegate to it.

(a) The Board of Zoning Adjustment with the approval of the Town Assembly, shall appoint a Zoning Administrator. The Zoning Administrator shall serve as the Secretary to the Board of Zoning Adjustment. Then Board of Zoning. Adjustment shall by general rule establish the terms and condition of employment of the Zoning Administrator, including salary, duration of employment, benefits, duties and responsibilities. The Board of Zoning Adjustment, with the approval of the Town Assembly, may provide the Zoning Administrator with the assistance of such other persons as the Board determines necessary to accomplish the purposes of this Ordinance.

(b) The Zoning Administrator pursuant to the rules and regulations of the Board, shall administer and enforce the provisions of this Ordinance.

(a) Whenever the public necessity, convenience and general welfare require, the Town Assembly may, by Ordinance, amend any part of this Ordinance. Such amendments may include classifications of property, re-classifications of property (changes in zoning district boundaries), changes in the text of this Ordinance or establishment, abolition or modification of a setback line. The procedures for amendments shall be as specified in this Section 27.2 and in Sections 27.6 and 27.7.

(b) An amendment may be initiated by the Town Assembly or by a resolution of intention by the Board of Zoning Adjustment or except for changes in the text of the Ordinance, by application of one or more interested lessees or sub-lessees of property or their interested agents. An interested lessee or sub-lessee is hereby defined as the lessee or sub-lessee of real property that is within the area included in the application.

(c) The Board of Zoning Adjustment shall hold a public hearing on the proposed amendments. If, following its hearing, the Board finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall approve such amendment or part; otherwise it shall disapprove the same. If approved by the Board in whole or in part, the proposed amendment or part shall be presented to the Town Assembly together with a copy of the resolution of approval, and the Town Assembly may adopt such amendment or part by a majority vote. Disapproval of the proposed amendment or part by the Board may be appealed in a public hearing conducted by the Town Assembly

(1) In all cases, the action of the Board of Zoning Adjustment shall be final, except upon the filing of a valid appeal to the Town Assembly as provided in Section 27.7 in the case of a proposed amendment or part that had been initiated by application to reclassify property or to establish, abolish or modify a set-back line.

(d) No application for a building permit on any property line or for any other permit or license for a new use of any property filed subsequent to the day that an application has been filed or resolution of intention has been adopted for the reclassification of such property or for the establishment or change of a building set-back line thereon, shall be approved by the Town Assembly while proceedings are pending on such reclassification or establishment or change of set-back line, unless the construction and use proposed under that permit or license would conform both to the existing classification of such property or set-back line thereon and also to the different classification or set-back under consideration in those proceedings; provided that if final action on such reclassification or establishment or change of building set-back line has not been taken by the Town Assembly in one year after the start of the proceedings, conformity to the different classification or set-back under consideration shall no longer be required.

(a) The Board of Zoning Adjustment shall hear and make determination regarding applications for the authorization of conditional uses in the specific situations for which such authorization is specified elsewhere in this Ordinance. The procedures for conditional uses shall be as specified in this Section and in Section 27.7.

(b) A conditional use action may be initiated by application of a lessee, a sub-lessee, or authorized agent for the lessee or sub-lessee of the property for which the conditional use is sought.

(c) After its public hearing on the application, the Board of Zoning Adjustment may approve the application and authorize a conditional use if the facts presented are such to establish:

(1) The the proposed use or feature, at the size, height, bulk and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and

            (2)      That such use or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity or injurious to property, improvements or potential development in the vicinity, with respect to aspects including the following:
                a)     The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures;
                b)     The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading;
                c)    The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor;
                d)    Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and
                e)     The design of the proposed building or use; the density of use proposed; the availability of public facilities; the effect, if any, upon community services and facilities; the site plan proposed.

(3) That such use or feature as proposed will comply with the applicable provisions of this Ordinance and will not adversely affect the General Development Plan.

(4) Such action of the Board of Zoning Adjustment, in either approving or disapproving the application, shall be final except upon the filing of a valid appeal to the Town Assembly as provided in Section 27.8 of this Ordinance.

(d) When authorizing a conditional use as provided herein, the Board of" Zoning Adjustment or the Town assembly on appeal, shall prescribe such additional conditions, beyond those specified in this Ordinance as are in its opinion necessary to secure the objectives of the Ordinance. Once any portion of the conditional use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute a violation of this Ordinance and may constitute grounds for revocation of the conditional use authorization. Such conditions may include time limits for exercise of the conditional use authorization; otherwise, any exercise of such authorization must commence with a Ninety (90) day period.

(e) Authorization of a change in any condition previously imposed in the authorization of a conditional use shall be subject to the same procedures as a new conditional use.

(f) Whenever any conditional use has been established as authorized the use or feature authorized may continue so long as it is not changed to another use or feature, or discontinued for a continuous period of one year, or otherwise-abandoned. Any restoration of a use or feature so abandoned, and any change to another use or feature that is classified as a conditional use in the district in which it is located, shall be permitted only if authorized through the same procedures as a new conditional use. Where a use or feature classified as a conditional use in the district in which it is located lawfully exists at the effective date of this Ordinance, such use or feature shall be deemed to be a permitted conditional use without further authorization.

(a) The Board of Zoning Adjustment at the written request of a lessee or sub-lessee may grant a variance from the requirements established by this Ordinance.

(b) All variances from, or modification of any provision or requirement of this Ordinance shall be approved by the Board of Zoning Adjustment pursuant to the provisions of this Section 27.4.

(c) The purpose of a variance from the requirements of this Ordinance is to allow variation from, and modification of the strict application of the requirements of this Ordinance where by reason of the unusual shape, design or configuration of the specific property, or by reason of exceptional topographical conditions, or other extraordinary situations or conditions of such property, or of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this Ordinance would involve serious practical or technical difficulties or would cause undue hardship unnecessary to carry out the spirit, intent and purpose of this Ordinance. The Board of Zoning Adjustment shall have the power to grant such variances only to the extent necessary to overcome such serious practical or technical difficulties or unnecessary hardships.

(d) No variance shall be granted in whole or in part whose effect would be substantially equivalent to a significant revision in the requirements contained in this Ordinance or which would permit any land use not otherwise expressly permitted at that subject location, or which would be substantially equivalent to a reclassification of property.

(e) (1) A variance action may be initiated by application of the lessee or sub-lessee or an authorized agent for such lessee or sub-lessee of such property for which the variance is sought.
(2) Whenever a variance is required for a proposal also requiring a conditional use permit, application for the variance shall be included in the application for such conditional use permit and shall be processed and considered as part of said application.

    (f)     The Board of Zoning Adjustment shall hold a public hearing on the application. No variance shall be granted in whole or in part unless there exists, and the Board of Zoning Adjustment specifies in its findings as part of a written decision, facts sufficient to establish:
                (1)    That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district;
                (2)     That owing to such exceptional or extraordinary circumstances the literal enforcement of specified provisions of this Ordinance would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant of the property;
                (3)     That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class of district;
                (4)     That the granting of such variance will not be materially a detriment to the public welfare or materially injurious to the property or improvements in the vicinity; and
                (5)     That the granting of such variance will be in harmony with the general purpose and intent of this Ordinance and will not adversely affect the General Development Plan.

(g) The action of the Board shall be final, except upon the filing of a valid appeal to the Town Assembly as provided in Section 27.7.

(h) In granting any variance as provided herein, the Board of Zoning Adjustment or the Town Assembly on appeal, shall specify the character and extent thereof, and shall also prescribe such conditions as are necessary to secure the objectives of this Ordinance. Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative. The violation of any specification or condition so imposed shall constitute a violation of this Ordinance and may constitute grounds for revocation of the variance. Such conditions may include time limits for exercise of the granted variance; otherwise, any exercise of such variance must commence within a ninety (90) day period.

(a) The Board of Zoning Adjustment shall prescribe the form of applications for amendments, conditional uses and variances.

(b) All applications shall be filed at the office of the Board of Zoning Adjustment. The Board shall by general rules establish rules and regulations to govern the filing of applications with the Board.

(c) The content of applications shall be in accordance with the policies, rules and regulations of the Zoning Administrator and the Board of Zoning Adjustment. All applications shall be upon forms prescribed therefore, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with his application the information needed for the preparation and mailing of notices as specified in Section 27.7 of this Ordinance.

(d) Each application filed by or on behalf of one or more applicants shall be verified by at least one such applicant or his authorized agent attesting to the truth and correctness of all facts, statements and information presented.

(e) Before accepting any application for filing, the Board shall charge a non-refundable fee as follows:

            (1)     For each application for an amendment to reclassify property or to establish, abolish or modify a set-back line, the filing fee shall be $100.00 plus administrative and legal fees.
            (2)     For each application for authorization of a conditional use the filing fee shall be $50.00 plus administrative and legal fees.
            (3)     For each application for a variance, the filing fee shall be $50.00 plus administrative and legal fees.

(a) When an action for an amendment, conditional use or variance has been initiated by application or otherwise, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period.

    (b)     (1)     Notice of the time, place and purpose of such public hearing shall be given pursuant to appropriate New Mexico State enabling legislation and shall be given in a manner calculated to give full opportunity to all known interested parties and to the general public to attend such hearings and to participate in the matters at issue therein.
            (2)     Such notice of a public hearing on a proposed amendment to this Ordinance shall be sent by certified mail, return receipt requested, to lessees or sub-lessees of land within the area proposed to be changed by a zoning regulation.
            (3)    In all other instances when such a public hearing is to be held pursuant to the provisions of this Ordinance, such notice shall be given by publication in a newspaper of general paid circulation in the area of the Town or County. Such notice shall be published at least twice. The first such notice shall be published at least fifteen (15) days prior to the date of the hearing.
            (4)     In all instances, such notice of the public hearing shall be sent by certified mail, return receipt requested, to the applicant or other person initiating the action.
            (5)     The Zoning Administrator shall be authorized to give notice of such public hearing in any other manner he considers appropriate.

(c) In all .actions for amendments, conditional uses and variances the Zoning Administrator shall make all necessary investigations and studies and submit his findings to the Board of Zoning Adjustment at the time of the hearing.

(d) A record shall be kept of the pertinent information presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Board of Zoning Adjustment.

(e) The Board of Zoning Adjustment shall render a written decision specifying the reasons for the Board action, on an application for amendment, conditional use or variance within sixty (60) days of the date of filing the application. Such time limitation may be extended upon agreement between the parties. A copy of such decision shall be sent by certified mail, return receipt requested, to the applicant.

(f) In the event that an application for an amendment, conditional use or variance shall be denied by the Board of Zoning Adjustment or by the Town Assembly, no application proposing an amendment, conditional use or variance, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the Board of Zoning Adjustment or Zoning Administrator within a period of one year from the effective date of final action upon the earliest-application.

(a) Appeals to the Town Assembly from decisions of the Board of Zoning Adjustment shall be taken pursuant to the provisions of appropriate New Mexico State enabling legislation and to provisions of this Ordinance.

(b) Any aggrieved person may file an appeal from the Board of Zoning Adjustment decision on an application for an amendment, conditional use or variance with the Town Assembly. Such appeal shall be filed within seven (7) working days of the date of the decision of the Board. Such appeal shall state with specificity the alleged error or abuse of discretion by the Board. An appeal, validly filed, shall stay all proceedings in furtherance of the action appealed from.

(c) The Town Assembly, pursuant to its rules and regulations for public hearings shall hold a public hearing on the appeal within thirty (30) days from the day the appeal was filed. The Town Assembly shall establish the rules governing filing of such appeals.

(d) The Town Assembly after conclusion of the public hearing by majority vote of all of its members shall either approve or disapprove of the action by the Board. In the event that the Town Assembly disapproves of the action of the Board, it shall prescribe in its resolution such conditions as are in its opinion necessary to secure the objectives of this Ordinance, in accordance with Section 27.3 (d) of this Ordinance.

(a) A building permit must be issued by the Town before construction on any building is allowed to begin. Application for this permit shall be made by the contractor to the town clerk. The application must be accompanied by a State-issued building permit, a receipt from the town clerk showing payment of an established permit fee, (payment in full of the occupation tax assessed as due for the structure for which the permit is sought), a proposed site or plot plan indicating the positioning of the proposed building and clearances of all lot lines and the location of sewer lines; and a letter showing approval of the building and plans from the Architectural Control Committee.

(b) The town clerk will forward all papers to the Zoning Commission for review and approval. Upon approval a member of the Zoning Commission will sign the permit and return all papers to the town clerk.
If the Zoning Commission does not approve the application, all papers shall be returned to the contractor together with an explanation of the reason or reasons for such disapproval and the corrective measures needed to gain approval.

(d) Building permits will be prepared in triplicate. The cardboard copy will be posted in a conspicuous place on the building site by the contractor. One copy will be retained in the town files and a copy will go to Great Western Cities.

(e) In the event any construction is started without a permit having been issued, the contractor shall stop all construction until a permit has been issued and shall pay an additional fee of $100.00 to the town clerk.

(f) A copy of this ordinance shall be provided by the Architectural Control Committee to each contractor requesting approval of building plans.

(g) Failure to comply with any of the above provisions shall result in the refusal, by the Town, to issue Building permits to the non-complying contractor until all deficiencies have been corrected and/or unpaid fees, taxes, or other monies owed the town have been paid.

Town approval must be obtained prior to the start of any and all construction which will, in any way, result in greater height, a higher proportion of lot coverage, alteration of existing structural configuration, or increase the living space in any, existing building.

(a) The purpose of planned unit development approval is to allow diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of structures, while insuring compliance with the intent of the district regulations. Other provisions of this Ordinance, providing standards related to the public health, safety and general welfare, shall be observed without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes.

    (b)     The planned unit development procedure permits and encourages innovative design in architecture and site planning and greater efficiency in design of public facilities by providing:
            (1)     Flexibility in location and use of open space;
            (2)     Efficient utilization of land while preserving natural topography;
            (3)     Integrated architectural and site planning design.

(a) No zoning district amendment shall be required in the event that a planned unit development application proposes uses within such. development that are permitted uses or conditionally permitted uses in the zoning district wherein the proposed development is located. Approval by the Board of Zoning Adjustment of such an application shall constitute the only zoning approval required and necessary.

(b) No application for a planned unit development shall be accepted by the Board of Zoning Adjustment for a use or for uses which will require a change of zoning district, unless the application is accompanied by an application for a zoning amendment. The Board of Zoning Adjustments may permit non-residential uses in a planned unit residential development if the non-residential uses are of service primarily to the residents of such development.

(c) Any proposed change in the boundaries of existing units or the creation of new units or districts by altering, eliminating, relocating or changing in any way the existing size or shape of areas reserved for any purpose or classified for future development shall require approval of the Zoning Board, the Town Assembly, and the Pueblo de Cochiti.

(a) Application for planned unit development approval by a lessee or sub-lessee or respective agents therefore shall be on forms prescribed by the Board of Zoning Adjustments, and shall be accompanied by a non-refundable fee of $100.00 Dollars ($100.00) plus $5.00 Dollars ($5.00) for each lot or parcel other than the first lot for which the approval is sought.

    (b)     The application shall be accompanied by sufficient information to present completely and in detail the development proposal and shall include:
            (1)     A general development plan showing the use or uses proposed, the densities proposed, the dimensions and locations of proposed structures and or areas to be reserved for vehicular and pedestrian circulation, parking, public facilities, the proposed drainage system, open spaces including recreation uses and facilities, the size,. location, orientation, illumination and type of all signs proposed, and the location, size and illumination of all exterior lighting.
            (2)    A plan showing existing conditions on the site including a topographical map showing two (2) feet contour intervals, a map of existing drainage, vegetation and other significant natural features.
            (3)     Architectural drawings and sketches demonstrating the design relationship and character of the proposed uses, the landscaping plan intended, and the relationship of the design of the uses to the site;
            (4)     The timing of proposed development, and if to be accomplished in stages, the schedule of development, including provision for recreation. facilities if residential uses are proposed and other facilities and services to be provided;
            (5)     The statement of the development program, including allocation of acres by use, number of dwelling units, estimate of total population, manner and method of provisions for water, sewage, utilities, and recreational facilities and maintenance of open spaces;
            (6)     Such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.

(a) The Board of Zoning Adjustments shall hold a public hearing on an application, provided that the application is filed with the Board pursuant to appropriate rules and regulations.

(b) The rules, regulations and procedures governing the conduct of such a public hearing shall be as provided in Section 27.7 of this Ordinance.

    (a)     In order to approve a planned unit development application the Board shall make written findings to include the following:
            (1)    The applicant of the planned unit development has demonstrated that he intends to start construction within six (6) months of the approval of the project and any necessary zoning district change, and that he intends to complete the construction within a reasonable time as determined by the Board.
            (2)    The proposed planned unit development conforms to the general development plan in terms of general location and general standards of development.
            (3)     In the case of proposed residential developments: That such development will constitute a residential environment of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood and will result in an intensity of land utilization and standards of open spaces as permitted for such development in this Ordinance.
            (4)     In the case of proposed commercial developments: That traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provision in the plan for proper entrances and exits, and by internal provisions for traffic and parking; that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.
            (5)    In the case of proposed industrial developments: That such development will constitute an efficient and well organized development with adequate provisions for railroad and/or truck access service and necessary storage; that such development will have no adverse effects upon adjacent or surrounding development.
            (6)    The development of n harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this Ordinance.

(b) In addition, the Board shall also make a written finding that the applicant for the development has provided for continuing maintenance of the private common open space areas, private streets, off-street parking areas and other facilities and areas not available to the public.

(a) The minimum area required for a planned unit commercial or industrial development is two (2) acres.

(b) The Board of Zoning Adjustment shall be ordinance establish standards governing the density or intensity of land use in a planned unit development. Said standards shall take into account that the density or intensity of land use, otherwise allowable on the site under the provisions of this Zoning Ordinance may not be appropriate for a planned unit development. The standards may vary the density, or intensity of land use otherwise applicable in consideration of the amount, location and proposed use of common open space, the location and physical characteristics of the site proposed for the development and the location, design and type of dwelling units.

(c) Standards relating to maximum height of structures and to total number of off-street parking spaces provided in a planned unit development shall be the same as for the underlying zoning district or in the event that a zoning amendment is sought to permit a planned unit development, parking spaces shall be provided for the proposed uses as required by other sections of this Ordinance.

(d) The location, design and character of all signs proposed for a planned unit development shall be suitable for the use intended and appropriate to the location proposed.

(a) In taking action, the Board may approve the application as submitted, may approve the application subject to certain modifications or additional conditions, or may deny approval of the application.

(b) In the event that the Board shall deny approval of the application, the applicant may file an appeal with the Town Assembly as provided in Section 27.8 of this Ordinance.

(c) In the event that the Board shall approve the application subject to modifications or additional conditions, the applicant shall notify the Board in writing within ten (10) days of having received the conditional approval, that he accepts the additional conditions and that he understands the conditions. In the event that the applicant fails to so notify the Board, the application shall be deemed denied.

    (d)     (1)     Approval of an application by the Board shall constitute final approval of the proposed project, and shall be binding on the applicant or his successor in interest provided that in the event the development is to be accomplished in phases, the applicant or his successor in-interest shall file the proposed plan for each successive stage with the Board prior to receiving a building permit for such stage.
            (2)     Within ten (10) working days of receiving such proposed plan, the Board, or the Zoning Administrator shall review the plan for conformity to the approved Master Plan for the development. In the event, that such plan is in substantial conformity with the Master Plan, the Board or Zoning Administrator shall so notify the Building Permit Department in writing.
            (3)     In the event that such plan is determined to be not in substantial conformity, the Board shall so notify the applicant or his successor in interest thereof, and the reasons therefore for the decision. The applicant or his successor-in-interest may either re-submit a plan that incorporates the required changes or may appeal per paragraph 28.7 (b). Upon completion of the appeal, the Board shall either approve the plan as submitted or shall disapprove the plan.

(a) Following approval of a planned unit development by the Board, the Building Permit Department or an appropriate official of the Town of Cochiti Lake, shall ensure development is undertaken and completed in conformance with the approved plans.

(b) In the event that the development is to be accomplished in stages, the Building Permit Department or an appropriate official of the Town of Cochiti Lake shall not issue any building permit for any building in such a stage until it has received notice of substantial conformity with the approved Master Plan from the Board or Zoning Administrator.

(a) Approval of a planned unit development may be revoked in any case where the conditions of such approval have not been or are not being complied with, in which case the Board shall give the applicant notice of intention to revoke such approval at least ten (10) days prior to review of the permit by the Board. After conclusion of such review, the Board may revoke such approval if the Board finds that a violation in fact exists and has not been remedied prior to such hearing.

(b) In any case where a planned unit development has been approved and a building permit has not been issued for any part thereof, within eighteen (18) months after the date of approval thereof, then without further action, the approval shall be null and void.

(c) Extensions of time limitations in this Ordinance may be granted by the Board upon the showing of good faith effort, by the applicant or his successor-in-interest, to comply therewith and that the failure to so comply is by reason of conditions beyond the control of the applicant or his successor-in-interest.

    (a)     The Board of Zoning Adjustment shall have the authority to enforce this Ordinance against violations thereof by any or all of the following actions:
            (1)     To serve notice upon the lessee or sub-lessee of the property involved requiring the cessation, removal or correction of any use or feature in violation of this Ordinance;
            (2)    To call upon the Attorney for the Town of Cochiti Lake to maintain an action for injunction to restrain or abatement to cause the correction or removal of any such violation;

(b) The Town Assembly, on its own initiative or upon request of the Board of Zoning Adjustment, in enforcing this Ordinance shall exercise the full extent of powers granted pursuant to appropriate New Mexico State enabling legislation.

(a) This Ordinance shall become effective thirty (30) days after it is adopted by the Town Assembly.

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.