Doña Ana County, NM Page 1of 111 Doña Ana County, NM Wednesday, April 25, 2012 Chapter 250. LAND USE AND ZONING [HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 9-12-1995 by Ord. No. 158-95, as amended through 10-23-2007. Subsequent amendments noted where applicable.] GENERAL REFERENCES Airport — See Ch. 125. Building Code — See Ch. 142. Dangerous buildings — See Ch. 146. Numbering of buildings — See Ch. 150. Registration of businesses — See Ch. 154. Design and construction standards — See Ch. 157. Development districts — See Ch. 159. Erosion control — See Ch. 172. Zoning and land use fees — See Ch. 179, Art. XI. Flood damage prevention — See Ch. 207. Land conveyances — See Ch. 247. Manufactured homes — See Ch. 257. Roads — See Ch. 279. Solid waste — See Ch. 287. Stormwater management — See Ch. 296. Subdivision of land — See Ch. 300. Article I. Authority, Intent and Scope § 250-1. Title. This chapter shall be known and titled as the "Doña Ana County Land Use Regulations and Zoning Ordinance" and shall be referred to as the "chapter." § 250-2. Authority and intent. This chapter is created pursuant to the authority set forth in NMSA §§ 3-21-1 et seq., 3-21-5, 4-57-1 et seq. and Resolution No. 55-94, the Comprehensive Plan for Doña Ana County. This chapter is intended to create orderly, harmonious and economically sound development in order to promote the health, safety, convenience and general welfare of the citizens of the County. These regulations are necessary to provide adequate open spaces for light and air; avoid undue concentration of population; preserve the County's environmental resources; secure safety from fire, panic and other dangers; help control congestion in the streets and public ways; facilitate adequate provisions for community utilities and facilities such as transportation, water, sewer, schools and parks; encourage the location of compatible uses of land; provide for proper floodwater runoff; and enhance the appearance of the landscape, as specifically referenced in the Doña Ana County Comprehensive Plan. The regulations are intended to achieve the following goals in the Comprehensive Plan: A. Protect County residents from possible hazardous effects of uncontrolled land uses; http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 2of 111 B. Allow the entrepreneur and investor the options to select areas and locations suitable for their intended purposes with the understanding that standards and regulations are necessary to protect the environment and the properties of others; C. Allow communities in an advanced state of development to adopt more conventional zoning processes for land use by forming zoning districts; and D. Permit developers the opportunity to permanently designate land uses within their developments, and to set standards for those land uses. § 250-3. Purpose. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The purpose of this chapter is to achieve land use policies and actions delineated in the Doña Ana County Comprehensive Plan. This chapter implements the Comprehensive Plan actions that recommend mapped zoning districts for Community Districts and Village Districts, and a Performance District for all other areas in the County. The Performance District will allow more flexibility in land use activities in the rural regions. Mapped districts are intended for communities that are experiencing rapid growth and will use traditional zoning districts, while historic communities will be able to continue their unique character with standards to maintain traditional development patterns in Village Districts. These district standards recognize the need and desirability of allowing for diversity in land use patterns to accommodate rural, suburban and urban development; and to encourage entrepreneurship and creativity in new development and economic growth. § 250-4. Land use designations. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). A. The following terms and their meanings are used throughout this chapter: LAND USE CLASSIFICATION How the land is used. ZONING DISTRICT A zoning category used in the Community District or Village District such as R-1, single -family residential uses. A zoning district must have specific boundaries. B. The County is divided into the following mapped zoning districts: (1) Community District: larger areas of the County that are partially developed and have been experiencing rapid growth and land use changes in the last 10 years; contains mapped zoning districts. Note: A developer of vacant land proposed for multiple uses and phased development may request the establishment of a Community District as provided in this chapter. Community Districts are the following: CR-AG5 Community Residential: Agriculture, 5-Acre Minimum CR-AG Community Residential: Agriculture CR-1 Community Residential: Single-Family Residential CR-1M Community Residential, Single-Family, Mobile Homes CR-2 Community Residential: Medium-Intensity CR-3 Community Residential: Apartments and High-Intensity CR-MP Community Residential: Mobile Home Park http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 3of 111 CC-1 Community Commercial: Neighborhood Commercial CC-2 Community Commercial: Community Commercial CC-3 Community Commercial: Regional Commercial CI-1 Community Industrial: Light-Intensity CI-2 Community Industrial: Medium-Intensity CI-3 Community Industrial: Heavy Industrial and Manufacturing CMU Community District: Mixed Use (2) Village District: zones that are created in communities that have historic significance, and are town sites platted prior to 1930; special development standards and limited land use classifications are applicable. Village Districts are the following: VR-1 Village Residential: Single-Family Residential VR-1M Village Residential: Single-Family, Mobile Homes VR-2 Village Residential: Multiple-Family VC-1 Village Commercial: Neighborhood Commercial VC-2 Village Commercial: Community Commercial VR-AG Village Residential: Agriculture VMU Village District: Mixed Land Use C. In addition, Performance Districts are areas outside the mapped zoning districts; in the Performance District, land uses are permitted, provided the land use meets specific development standards, including buffer requirements. Some uses will require a public hearing via the planned unit development process. Performance Districts are classified as follows: PR-1 Low-intensity residential PR-2 Medium-intensity residential PR-3 High-intensity residential PR-MP High-intensity residential, mobile homes PC-1 Low-intensity nonresidential PC-2 Medium-intensity nonresidential PC-3 High-intensity nonresidential D. Planned unit development: Overlay zones that may be created using the planned unit development process outlined in Article VIII, § 250-72, which fall into the following classifications: http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 4of 111 Type Mixed residential and commercial 1 Commercial or industrial having the potential to create a negative Type impact on the environment, infrastructure or adjacent nearby 2 properties § 250-5. Word usage; definitions. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). For the purpose of this chapter, certain words and terms are hereby defined. Words used in the present tense shall include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "lot" includes the words "plot," "parcel," and "tract"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directive. Any words not herein defined shall be constructed as defined in the statutory and common laws of the State of New Mexico; if not defined therein, then as defined in the 2006 International Building Code and subsequent versions as adopted in Doña Ana County, New Mexico, and if not defined therein, then defined in accordance with Webster's Unabridged Dictionary, latest edition. ACCESSORY BUILDING A minor building that is located on the same lot as a principal building and is used incidentally to a principal building or houses an accessory use. ACCESSORY MOBILE HOME A subordinate mobile home that meets the definition of "mobile home" contained in Chapter 257, Manufactured Homes, of the Doña Ana County Code, and contains no more than 1,000 square feet. ACCESSORY STRUCTURE Any structure that does not meet the definition of "accessory building." ACCESSORY USE Accessory uses are incidental or subordinate to the principal use of a parcel of land or are uses commonly associated with the principal use and integrally related to it. Some examples are private garages on residential properties, storage sheds on residential properties, and barns on agricultural properties. ADULT ENTERTAINMENT A. An establishment that provides amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas; B. An establishment that features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment; C. A book- or video store having a substantial or significant portion of its trade in books, magazines, periodicals or other materials that are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or D. A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises. AFFECTED AREA An area that is or might be detrimentally impacted by a proposed land use. AGRICULTURAL PACKING AND WAREHOUSING http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 5of 111 A facility used for the storing, sorting, cleaning, sacking, or transshipment of agricultural products; does not include processing functions. "Sorting and cleaning" means handling to the generally recognizable minimum level of marketability. AGRICULTURAL PROCESSING PLANT A facility used for the cooking, freezing, dehydrating, refining, bottling, canning or other treatment of agricultural products that changes the naturally grown product for consumer use; may include warehousing and packaging as secondary uses. AGRICULTURE Any use of land for the growing and harvesting of crops for sale or profit, or uses that are directly ancillary to the growing and harvesting of crops, which is the exclusive or primary use of the lot, plot, parcel, or tract of land; including processing crops to the generally recognizable minimum level of marketability, or the open-range grazing of livestock, or irrigated pasture for grazing livestock. AIRPORTS, HELIPORTS and LANDING FIELDS Any area of land that is used or intended for the use of landing and taking off of aircraft; and appurtenant areas that are used or intended for use by airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. ANTENNA A structure designed to radiate and/or receive radiofrequency (RF) emissions. An antenna design includes, but is not limited to, the following: A. Monopole, dipole, discone; B. Horizontally and vertically polarized TV and FM, yagi; C. Mesh or solid parabolic; D. Array, phase array and others protected by a radome; and E. Shaped element. APARTMENT A building in which the rooms are arranged in suites; multiple-family housing. AREA OF NOTICE For all applications requiring that notice be given to the surrounding property owners, the area of notice shall be 300 square feet from the edge of the parcel or parcels included in the application, with the distance to be extended until 10 property owners are identified, with a maximum extension of one mile. ARTERIAL, PRINCIPAL Principal arterials provide higher-speed travel and mobility for long-distance trips. These roads function within the region or community to carry large volumes of traffic to minor arterials and collector routes. Access may be limited by medians. Design standards as outlined in Chapter 300, Subdivision of Land, shall apply. Editor's Note: See also Ch. 157, Design Standards. ARTERIAL, MINOR Minor arterials serve a mobility function for longer-distance trips but handle moderate volumes of traffic at moderate speeds. Minor arterials provide connections to collector routes, which serve communities and local areas. Access from some major traffic generators is allowed to minor arterials. Design standards as outlined in Chapter 300, Subdivision of Land, shall apply. Editor's Note: See also Ch. 157, Design Standards. AUTO WRECKING YARD http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 6of 111 Any place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; any land, building or structure used for the dismantling or storing of such motor vehicles or the parts thereof. BASE FLOOD A flood having a one-percent chance of being equaled or exceeded in any given year. BED-AND-BREAKFAST A residence built expressly for, or converted to, renting rooms to paying guests and providing breakfast to paying guests on a short-term (daily, weekly) basis. The residential appearance of the structure is maintained. This definition does not include a hotel, motel or boardinghouse. BOARDINGHOUSE A residence consisting of at least one dwelling unit with more than two rooms that are rented or intended to be rented to longer-term residents on a monthly basis, as distinct from transient residents staying overnight or on a weekly basis. BUFFER An area of land including landscaping, berms, walls, fences and building setbacks that is located between land uses and intended to mitigate negative impacts upon adjoining property. BUILDING Any structure that is enclosed by means of walls and a roof, generally intended for use as a working, storage or dwelling place. CEMETERY A burial place or grounds. CHANNEL Any arroyo, stream, swale, ditch, diversion, or watercourse that conveys a flow of water. CLEAR SIGHT TRIANGLE Specified areas along intersection approach lanes and across their included corners that are to be free of obstructions that might block a driver's view of potentially conflicting vehicles. Requirements for maintaining a clear sight triangle are outlined in § 250-79. Editor's Note: See also Ch. 157, Design Standards, Appendix J. CLINIC An establishment where patients are not lodged overnight but are admitted for outpatient services. CLUB Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose. COLLECTOR STREET A roadway that carries traffic from local to the arterial streets and highways. See the Doña Ana County Development Design Standards for specific criteria. Editor's Note: See Ch. 157, Design Standards. COLUMBARIUM A structure of vaults lined with recesses for cinerary urns. COMBINATION USE A use consisting of a combination on one lot of two or more primary uses separately listed on the Land Use Classification Matrix for either the Performance District, the Community District, the Village District, or the Planned Unit Development Overlay Zone. Editor's Note: The Land Use Classification Matrix is included at the end of this chapter. The development standards for the more intensive of the primary uses on a parcel shall be applied by the Zoning Administrator in reviewing site plans for development of a combination use. http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 7of 111 COMMERCIAL FEED LOT Any tract on which the principal use is the raising of, or the concentrated feeding of, livestock, fowl, or any other edible animals, the sale of such animals or the sale of products derived from such animals; does not include dairies. COMMUNITY COMMERCIAL A parcel of land used for shopping or services generally used for several neighborhoods or a larger part of the community. See the Land Use Classification Matrix for specific uses allowed in this zone. Editor's Note: The Land Use Classification Matrix is included at the end of this chapter. COMMUNITY DISTRICT A rapidly urbanizing area of the County with existing and/or planned community water and/or sewer systems, and commercial uses; established by procedures outlined in this chapter; area with mapped zoning districts as set forth in this chapter. CONDOMINIUM A building or group of buildings containing three or more dwelling units with separate entrances but sharing common structural elements, including walls and roofs. CONSTRUCTION The act of breaking ground and erecting a building or structure as defined elsewhere in this section. CONSTRUCTION DEBRIS LANDFILL An area of land used to dispose of nonorganic used building materials, concrete, dirt, removed paving material, and gravel; must meet all state and federal regulations affecting groundwater protection. COUNTY COMMISSION The elected Board of County Commissioners of Doña Ana County. COUNTY PLANNING AND ZONING COMMISSION The Planning and Zoning Commission appointed by the Board of County Commissioners of Doña Ana County. DAIRY An area of land on which cows are kept for the purpose of producing dairy products in commercial quantities, as well as the related buildings, equipment and processes. DATE OF DECISION The date upon which the decision of the deciding body is filed or recorded in the Office of the County Clerk unless otherwise specifically provided for herein. Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). DENSITY The number of families, persons, or housing units per unit of land, usually expressed as "per acre." DEVELOPMENT A project involving property improvement and, usually, a change of land use character within the site. All development standards within this chapter and the Design Standards for the specified use shall apply. Editor's Note: See Ch. 157, Design Standards. DRIVEWAY A point of vehicular access between a right-of-way or easement and an abutting property. DWELLING UNIT Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Building Code, for not more than one family. EASEMENT http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 8of 111 A property owner's grant of specific purpose, use or uses on that owner's land that does not abridge the right of the fee owner to the use and enjoyment of that land. An easement may be for use by the general public, a corporation or a certain person or persons. ELEVATION CERTIFICATE A certificate issued by the County Floodplain Administrator in order to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings. It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a letter of map amendment or revision (LOMA or LOMR-F). Editor's Note: See also Ch. 207, Flood Damage Prevention. FAMILY One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present: A. The group shares the entire dwelling unit. B. The group lives and cooks together as a single housekeeping unit. C. The group shares expenses for food, rent, utilities or other household expenses. D. The group is permanent and stable, and not transient or temporary in nature. E. Any other factor reasonably related to whether the group is the functional equivalent of a family. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) The federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created United States Department of Homeland Security. FIRE LANE Any area appurtenant to a building deemed necessary by the Fire Marshal or his/her designee to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him as such; may include sidewalks, driveways, portions of parking lots or any other area adjacent to or near a building or fire hydrant, as required by the Fire Marshal. FLOOD A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source; mudflow; or collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above. FLOOD INSURANCE RATE MAP (FIRM) The official map of a community on which FEMA has delineated both the special hazard areas and the risk-premium zones applicable to the community. FLOODPLAIN Any area susceptible to flooding by water from storm runoff as designated on the Flood Insurance Rate Map (FIRM) prepared by the United States Department of Housing and Urban Development, or similar maps prepared by the United States Army Corps of Engineers, Federal Emergency Management Agency (FEMA) or other similar agency or per the Flood Commissioner's designation based on findings of fact. http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 9of 111 FLOODPROOFING CERTIFICATE A certificate issued by the County Floodplain Administrator in order to ensure that a nonresidential building has been designed and constructed to be watertight (substantially impermeable to floodwaters) below the base flood elevation. A floodproofing certificate is not applicable for a residential structure. FLOODWAY A watercourse channel and that portion of the adjoining floodplain required to provide for the passage of a one-hundred-year flood. FLOODWAY FRINGE AREA An area immediately adjacent to the limits of a floodway. GARAGE A building or portion thereof, other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles. GARAGE AND YARD SALES The sale of used clothing, household goods and other personal items, generally sold in residential land use areas. GARBAGE Any animal or vegetable waste that is liable to decompose or rot resulting from the handling, preparation, cooking or consumption of foods, offal, scum, dregs, sediment, sweepings, trash, debris, remains, dross. GARBAGE DISPOSAL The disposing and covering or incineration of garbage at a sanitary landfill site. HOME OCCUPATION An occupation conducted within a residential property that is clearly incidental and secondary to the use of that property, as regulated in this chapter. Editor's Note: See § 250-74, Home occupations. HOTEL A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress to and egress from all rooms are made through an inside lobby or office supervised by a person in charge at all times. HUNDRED-YEAR FLOOD A flood having an average frequency of occurrence in order of once in 100 years, although the flood may occur in any year. INDUSTRIAL, HEAVY Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses, and manufacturing or other enterprises which produce external effects (such as smoke, noise, soot, dirt, vibration, odor, etc.) or which pose significant risks due to the use or storage of explosives or radioactive materials, or of poisons, herbicides, or other hazardous materials in reportable quantities under the standards of the Environmental Protection Agency. INDUSTRIAL, LIGHT Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials, including a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food paper products (but not the manufacture of paper for pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing http://ecode360.com/print/DO2860 4/25/2012 Doña Ana County, NM Page 10of 111 of raw materials), pharmaceuticals or optical goods, bicycles, or any other product of a similar nature. Light industry is capable of operation in such a manner as to produce minimal if any external effects from the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. INFRASTRUCTURE Construction such as but not limited to streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, water, sewer and gas systems or parts thereof. INTENSITY The degree to which land is used; usually refers to the levels of concentration or activities in use. INTERSTATE HIGHWAY A United States Interstate Highway; in Doña Ana County, I-10 and I-25. JUNKYARD The use of premises for the open storage of old, wrecked, nonoperable, dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof; scrap building materials, scrap contractor's equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds, or bedding; or any other kind of scrap or waste material. KENNEL A commercial establishment for the breeding, sale, grooming, or boarding of small animals and household pets. LABORATORY A building or group of buildings on which are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for manufacture of products for sale. LANDSCAPING An area that has been improved through the harmonious combination and introduction of trees, shrubs and ground cover, which may contain natural topping materials such as, boulders, rock, stone, granite or other approved material. The area shall be void of any asphaltic or concrete pavement except where walks are allowed. LAND USE Any activity that is subject to the regulation of this County that is conducted on, below and/or in the space above the surface of the earth to a height of 500 feet within the boundaries of Doña Ana County or within the extraterritorial zone of the City of Las Cruces, or other extraterritorial zones that may be established. LEGAL DESCRIPTION A metes-and-bounds description of a parcel of land filed in accordance with the requirements of the State of New Mexico and Doña Ana County. LIVESTOCK All domestic animals that are included in the classes of horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervideae (deer and elk). This definition does not include feline or canine animals. LOT A tract or parcel or a portion of a subdivision or other parcel of land described by metes and bounds and held in separate ownership, as shown on the records in the County Clerk's office. LOT WIDTH The distance between side lot lines measured across the rear of the required front yard, parallel to the street or access easement. http://ecode360.com/print/DO2860 4/25/2012