Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, July 26, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez, Ward 4 Staff Liason: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on June 28, 2018. (page 3). REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: (page 6). (A) Consider approval to authorize J&D Fiberglass, LLC, a New Mexico Liability Corporation, to renew their current lease agreement on Building No. 755. (page 8). (B) Consider approval to authorize John Berry and Weldon Wagner, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space D and joint use of the ground floor office area. (page 10). NON-ACTION ITEMS 2. Waiver of Liens (page 12) 3. Rental Property Maintenance Code (page 15) 4. Chronic Nuisance (page 32) 5. Proposed Zoning Amendments (page 36) (continued on following page) 07/23/2018 - Legal Committee --1-- City of Roswell, NM  CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 17-49. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, July 23, 2018 07/23/2018 - Legal Committee --2-- City of Roswell, NM  Regular Meeting of the Legal Committee Held in the Conference Room at City Hall Thursday, June 28, 2018 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4 NMSA 1978 and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding; Councilors Foster, Sanchez, and Peterson being present. Staff present: Bill Morris, Chanel Rey, Juanita Jennings, Parker Patterson, Joe Neeb, Scott Stark, and Monica Garcia. Guests present: Lisa Dunlap, Larry Connolly, Xavier Acevedo, and Dennis Kintigh. APPROVAL OF AGENDA Councilor Foster moved to approve the June 28, 2018, Legal Committee meeting agenda with the following corrections:  Item 1 to begin on page 6  Item 2 to be corrected to read “Resolution 18-43”  Item 3 to read “RFP 18-011 second posting on May 10, 2018”  Add the Addendum as Item 4 Resolution 18-44 to the agenda Councilor Sanchez was the second. A voice vote was unanimous, and the motion passed 4-0. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the May 31, 2018, regular Legal Committee meeting as presented. Councilor Sanchez was the second. A voice vote was unanimous, and the motion passed 4-0. REGULAR ITEMS 1. RIAC Leases- (A) New Cingular Wireless PCS, LLC: Mr. Stark stated that New Cingular Wireless PCS, LLC, leases a parcel of land for the purpose of transmitting and receiving telecommunications signals. New rent amount $1,246 monthly; $14,952 annually. Rent adjustment is 3.49%. New Cingular Wireless PCS, LLC has been a customer since August 2002. Councilor Sanchez moved to send to full Council on consent agenda recommending approval of New Cingular Wireless PCS, LLC to renew their lease agreement subject to all terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed 4-0. (B) J&S Mechanical, LLC: Mr. Stark stated the J&S Mechanical, LLC is requesting to lease Building No. 61 for the purpose of storage. Rent amount is $260 monthly; $3,120 annually. Term: August 1, 2018 through July 31, 2019. Councilor Foster moved to send to full 07/23/2018 - Legal Committee --3-- City of Roswell, NM  Council on consent agenda recommending approval of J&S Mechanical, LLC a new lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 2. Resolution 18-43: Mr. Patterson and Mayor Kintigh discussed that proposed Resolution 18-43 would request that the New Mexico Department of Transportation dedicate the pedestrian overpass on North Main adjacent to the east side of the New Mexico Military Institute as a memorial to Army Sgt. Christopher Sanders. Councilor Foster moved to send Resolution 18-43 to full City Council for further consideration with the following amendments:  The addition of “and” after every “Whereas”  Change “a pedestrian overpass” to “the pedestrian overpass”  The addition of “,” to the date to read “April 30, 1985 Councilor Stubbs was the second. The motion passed 3-1, with Councilor Sanchez voting no. 3. Cubic, Inc. Contract: Ms. Jennings discussed the contract with Cubic Inc. for advertising and marketing services. As per the conditions of the RFP the one year budget for these services is $355,000, which includes media placement and contractor compensation. Councilor Foster moved to recommend to full City Council approval of the Cubic, Inc. with the assurance of Cubic Inc. for the following amendments:  Item 4 to read “shall make no commitment”  Item 4 strike the word “your”  Item 5c. add “any extension thereof” to the end of the first sentence Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4- 0. 4. Resolution 18-44: Councilor Stubbs discussed Resolution 18-44, amending Resolution 18- 27, which created the Roswell Airport Advisory Commission, to include a provision providing for the size, terms, and first slate of appointments to the Commission. Mayor Kintigh was present to answer questions. Councilor Sanchez moved to recommend to full City Council approval of Resolution 18-44. Councilor Foster was the second. The motion passed 3-1 with Councilor Peterson voting no. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Councilor Foster discussed the failed ordinance that allowed for backyard chicken coops. He discussed bringing this back through the Legal Committee so it can be brought back for further consideration. Councilor Sanchez discussed a dinner for veterans that would be held at Church on the Move Saturday, June 30, 2018 at 5:30 p.m. PUBLIC PARTICIPATION Mr. Connolly expressed his concern with bringing the failed ordinance allowing for backyard chicken coops back. 07/23/2018 - Legal Committee --4-- City of Roswell, NM  ADJOURN The meeting adjourned at 5:05 p.m. 07/23/2018 - Legal Committee --5-- City of Roswell, NM  AGENDA ITEM NO. 1 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 26, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) J&D Fiberglass, LLC (B) John Berry and Weldon Wagner ACTION REQUESTED: (A) Consider approval to authorize J&D Fiberglass, LLC, a New Mexico Liability Corporation, to renew their current lease agreement on Building No. 755. (B) Consider approval to authorize John Berry and Weldon Wagner, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space D and joint use of the ground floor office area. BACKGROUND: (A) J&D Fiberglass, LLC, leases the building for the purpose of manufacturing. Building space is 3,669 square feet. New monthly rent amount is $660; $7,920 annually. Rent adjustment is 10.00%. J&D Fiberglass, LLC, has been a customer since September 2010. (B) John Berry and Weldon Wagner, leases the building for the purpose of storage and maintenance of aircraft. Building space is 4,589 square feet. New monthly rent amount is $804; $9,648 annually. Rent adjustment is 3.08%. John Berry and Weldon Wagner have been customers since September 1993. FINANCIAL CONSIDERATION: (A) J&D Fiberglass, LLC, new monthly rent amount is $660; $7,920 annually. Rent adjustment is 10.00%. Term: September 1, 2018 through August 31, 2019. (B) John Berry and Weldon Wagner, new monthly rent amount is $804; $9,648 annually. Rent adjustment is 3.08%. Term: September 1, 2018 through August 31, 2019. LEGAL REVIEW: The City Attorney has reviewed the leases. BOARD and/or The Legal Committee is scheduled to meet on Thursday, July COMMITTEE ACTION: 26, 2018. 07/23/2018 - Legal Committee --6-- City of Roswell, NM  STAFF (A) Consider approval of a one year lease with J&D Fiberglass, RECOMMENDATION: LLC of Building No. 755 consisting of 3,669 ft2 at the RIAC, for $7,920.00 payable in 12 monthly installments of $660.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. (B) Consider approval of a one year lease with John Berry and Weldon Wagner of Building No. 91, Space D consisting of 4,589 ft2 at the RIAC, for $9,648.00 payable in 12 monthly installments of $804.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. 07/23/2018 - Legal Committee --7-- City of Roswell, NM THIS LEASE executed in Roswell, New Mexico on this 9th day of August, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and J&D FIBERGLASS, LLC, a New Mexico limited liability corporation, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 755 consisting of 3,669 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on September 1, 2018 and ending August 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Seven Thousand, Nine Hundred Twenty Dollars and No Cents ($7,920.00), payable in 12 monthly installments of $660.00 Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $500.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to 07/23/2018 - Legal Committee --8-- City of Roswell, NM  EXHIBIT “A” PREMISES: Building No. 755, consisting of 3,669 square feet ±. 95 Southwest Way EXHIBIT “A” 07/23/2018 - Legal Committee --9-- City of Roswell, NM  THIS LEASE executed in Roswell, New Mexico on this 9th day of August, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and JOHN BERRY AND WELDON WAGNER, as individuals, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 91, space D consisting of 4589 square feet, more or less, and joint use of the ground floor office area located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on September 1, 2018 and ending August 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Nine Thousand, Six Hundred Forty Eight Dollars and no Cents ($9,648.00), payable in 12 monthly installments of $804.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $625.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted 07/23/2018 - Legal Committee --10-- City of Roswell, NM  EXHIBIT “A” EXHIBIT “A” 07/23/2018 - Legal Committee --11-- City of Roswell, NM  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 26, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Resolution providing for Waiver of Municipal Liens ACTION REQUESTED: Discuss draft resolution providing for waiver of municipal liens. BACKGROUND: When the City condemns a property or has to perform maintenance because of a nuisance the City is allowed to recover those costs via a lien being placed on the property. Recovery of these liens is an administrative burden and in some cases the value of the lien exceeds the value of the property. In these cases, the presence of the lien hampers development of the property. This resolution would provide a mechanism for the City to waive the liens where a purchaser can develop or use the property in such a way that it provides a benefit back to the City and the community as a whole. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: The City Attorney has reviewed the proposed resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, July 26, COMMITTEE ACTION: 2018 and will consider as an action item at a later date. STAFF Discuss draft resolution providing for waiver of municipal liens. RECOMMENDATION: 07/23/2018 - Legal Committee --12-- City of Roswell, NM  RESOLUTION 18-__ A RESOLUTION ALLOWING WAIVER OF MUNICIPAL LIENS IN EXCHANGE FOR REBUILDING ON VACANT PROPERTY WHEREAS, City Council of the City of Roswell (the “Council”) finds that there are many parcels of real property throughout the City of Roswell (the “City”) which have been lying vacant for significant periods of time; and WHEREAS, the Council further finds that many such properties continue to lie vacant, despite having been acquired by real estate developers for residential and commercial development; and WHEREAS, the Council finds that vacant properties within the City contribute to urban blight, crime and other evils; and WHEREAS, the City holds municipal liens, pursuant to NMSA 1978, §3-36-1 et seq., on many such vacant properties; and WHEREAS, the Council wishes to encourage and incentivize the development of new, high quality residences, commercial buildings, and other appropriate structures on vacant properties in the City, in order to eliminate and prevent urban blight and its associated evils; and WHEREAS, the Council finds that waiving and releasing the City’s municipal liens on vacant parcels in exchange for construction, by developers, of City-approved structures on such properties would provide a good value to the City and substantial benefit to its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 1. The City is hereby authorized to waive and release its municipal liens on vacant properties located within the City, in exchange for the construction, by the owners, of City-approved structures thereon, where the City finds that such waiver and release would provide a good value to the City. 2. The City shall only enter into an agreement to waive and release its liens as provided for above, where it finds that the owner of such vacant property is a reputable real estate developer, or otherwise, in the City’s discretion, presents a plan for construction which meets the City’s approval. 3. In determining whether to approve construction of a structure, the City shall consider the surrounding buildings, character of the neighborhood, zoning, and other relevant factors to ensure that the proposed structure is appropriate and will advance the purposes of this resolution. 4. As a condition of waiving and releasing its lien, the City shall require that the owner begin and complete construction within a reasonable time period, as determined by the City, based upon the type and nature of structure, and any other relevant factors. 5. As a further condition of waiving and releasing its lien, the City shall require the owner to acquire all necessary and relevant permits for construction, and to comply with all City, 07/23/2018 state and- federal Legalaws in Committee the construction. --13-- City of Roswell, NM  6. The City shall not waive and release its lien until construction is actually complete and approved by the City, and the City shall secure any extensions of its lien during the construction period necessary to secure its interest against the running of any applicable statutes of limitation. 7. The owner, and not the City, shall be solely responsible for recording the Release of Lien in the real property records, and bear the costs thereof. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of . CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: ______________________ Sharon Coll, City Clerk 07/23/2018 - Legal Committee --14-- City of Roswell, NM  AGENDA ITEM NO. 3 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 26, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Discuss Rental Property Maintenance Code ACTION REQUESTED: Discussion of Proposed Ordinance 18-XX modifying Chapter 6 (Buildings and Building Regulations), adding a new Article IV (Commercial and Rental Property Maintenance Code and Article V (Rental Housing Registration), providing for severability and an effective date. BACKGROUND: Proposed Ordinance 18-XX would establish minimum building code standards for commercial and residential rental properties. Additionally, Proposed Ordinance 18-XX would create a rental property registration program that would require all rental properties have an inspection at regular intervals and be registered with the City thru a business license. The intent is to help ensure that rentals meet minimum health and safety standards. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: The City Attorney has reviewed the proposed ordinance. BOARD and/or This Ordinance is being presented to Legal Committee for COMMITTEE ACTION: discussion on July 26, 2018. STAFF Discussion of Proposed Ordinance 18-XX modifying Chapter RECOMMENDATION: 6 (Buildings and Building Regulations), adding a new Article IV (Commercial and Rental Property Maintenance Code and Article V (Rental Housing Registration), providing for severability and an effective date. 07/23/2018 - Legal Committee --15-- City of Roswell, NM 07/23/2018 - Legal Committee --16-- City of Roswell, NM 07/23/2018 - Legal Committee --17-- City of Roswell, NM 07/23/2018 - Legal Committee --18-- City of Roswell, NM 07/23/2018 - Legal Committee --19-- City of Roswell, NM 07/23/2018 - Legal Committee --20-- City of Roswell, NM 07/23/2018 - Legal Committee --21-- City of Roswell, NM 07/23/2018 - Legal Committee --22-- City of Roswell, NM 07/23/2018 - Legal Committee --23-- City of Roswell, NM 07/23/2018 - Legal Committee --24-- City of Roswell, NM 07/23/2018 - Legal Committee --25-- City of Roswell, NM 07/23/2018 - Legal Committee --26-- City of Roswell, NM 07/23/2018 - Legal Committee --27-- City of Roswell, NM 07/23/2018 - Legal Committee --28-- City of Roswell, NM 07/23/2018 - Legal Committee --29-- City of Roswell, NM 07/23/2018 - Legal Committee --30-- City of Roswell, NM 07/23/2018 - Legal Committee --31-- City of Roswell, NM  AGENDA ROSWELL LEGAL COMMITTEE Thursday, July 26, 2018 at 4:00 p.m. Conference Room at Roswell City Hall 425 N. Richardson, Roswell, N.M. 88201 ACTION REQUESTED: Proposed Ordinance 18-XX. Discussion of Proposed Ordinance 18-XX modifying Chapter 16 (Nuisances), adding a new Article 4 (Nuisances Properties), and providing for severability and an effective date. BACKGROUND: Proposed Ordinance 18-XX would define nuisance activities on private property and would allow the City to cite into municipal court after the City has determined that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve (12) month period. The penalties could result in $500 / day and or up to 90 days in jail. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: N/A. BOARD OR COMMITTEE ACTION: This Ordinance is being presented to Legal Committee on July 26, 2018, and Public Safety on August 16, 2018. STAFF RECOMMENDATION: Discussion of Proposed Ordinance 18-XX. 07/23/2018 - Legal Committee --32-- City of Roswell, NM  ORDINANCE NO. 18-XX AN ORDINANCE OF THE CITY OF ROSWELL MODIFYING CHAPTER 16 (NUISANCES), ADDING A NEW ARTICLE 4 (NUISANCES PROPERTIES), AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Roswell, New Mexico, has determined that there are properties which generate significant demands on public safety services; and, WHEREAS, the City of Roswell City Council has determined that properties which generate significant demands on police, fire and EMS services should reimburse the City for using City services; and. NOW THEREFORE, be it ordained by the governing body of the City of Roswell, State of New Mexico: Section 1. MODIFICATIONS Add to City Code as Chapter 16 - Nuisances, Article IV. Section 16-50: Definitions. The following terms shall be defined as follows in this subchapter. Enforcement Action. Arrest, the issuance of a citation, or the issuance of a written or verbal warning. Nuisance Activity. Any of the following activities, behaviors, or conduct occurring on a premises: a. An act of harassment, b. Disorderly conduct, c. Battery, substantial battery, or aggravated battery, d. Lewd and lascivious behavior, e. Prostitution, f. Theft, g. Receiving stolen property, h. Arson, i. Possession, manufacture, or delivery of a controlled Substance or related offenses, j. Gambling, k. Animal violations, l. Trespassing, m. Weapons violations, n. Noise violations, o. The execution of arrest or search warrants at a particular location. p. Alcohol violations, q. Obstructing or resisting an Officer, 07/23/2018 - Legal Committee --33-- City of Roswell, NM  r. City of Roswell Inspection-related calls where the Police Department or Code Enforcement responds, s. Weeds, t. Storage of junk, u. Offensive matter, v. Unsanitary or hazardous premises, w. Abandon of dangerous containers, x. Conduct offensive to public well-being, y. Dangerous building, z. Litter, aa. Storage or abandon, wrecked, dismantled or inoperative motor vehicles, bb. Dwelling unfit for habitation, cc. Public nuisance generally, dd. Any conspiracy to commit, any of the activities, behaviors, or conduct enumerated in subdivisions 3.a. through cc. above. Owner. The owner of the premises and his or her agents. Premises. An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas. Section 16-60: Notice. Whenever the City determines that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve (12) month period, the City may notify the premises owner in writing. In calculating the requisite nuisance activities, the City may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days, but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a Public Nuisances statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered through certified mail. Section 16-70: Abatement Plan. Any owner receiving notice pursuant to this section shall meet with the City, or his/her designee, within five (5) days of receipt of such notice. The parties shall review the problems occurring at the property. Within ten (10) days of this meeting, the owner shall submit to the City, or his/her designee, an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within sixty (60) miles of the property who can be contacted in the event of further police, fire, or inspection contact. The failure of the property owner to respond to the certified mail shall not cause a delay in the enforcement process. 07/23/2018 - Legal Committee --34-- City of Roswell, NM  Section 16-80: Additional Nuisance Activity. Whenever the City determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to the Roswell Municipal Code, that this nuisance activity has occurred not less than fifteen (15) days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the City may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge. Section 16-90: Appeal. Appeal of the determination of the City pursuant to any enforcement action, may be submitted to the City Council. Section 16-100: Penalties Any person or party convicted of violating any of the rules, regulations, and/or provisions of this Ordinance shall be punished by a fine not exceeding $500.00 and/or imprisonment in the county jail not exceeding 90 days. Each day that a violation continues shall constitute a separate offense. Section 2. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. EFFECTIVE DATE. This ordinance shall be effective after five (5) days following its publication as required by State law. PASSED, ADOPTED, SIGNED and APPROVED the XXth day of XXXXXXXX, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk 07/23/2018 - Legal Committee --35-- City of Roswell, NM  AGENDA ITEM NO. 5– ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 26, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Discuss proposed text amendments ACTION REQUESTED: Review and discuss proposed text amendments for the City of Roswell Zoning Code BACKGROUND: Staff proposes modification of Zoning Ordinance text to create new zoning districts, revise development standards and definitions. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: The City Attorney has reviewed the proposed changes. BOARD and/or These were approved at the Planning and Zoning Commission COMMITTEE ACTION: Meeting on June 26, 2018. The Legal Committee is scheduled to meet on Thursday, July 26, 2018. The full set of proposed zoning amendments will be presented for action by the Legal Committee at a future date. STAFF Review and discuss proposed text amendments for the City of RECOMMENDATION: Roswell Zoning Code 07/23/2018 - Legal Committee --36-- City of Roswell, NM  EXHIBIT A: PROPOSED TEXT AMENDMENTS (16 PAGES) ORDINANCE 18-XX AN ORDINANCE OF THE CITY OF ROSWELL, NEW MEXICO, ADOPTING MODIFICATIONS TO THE ZONING CODE, PROVIDING FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, the City of Roswell has a Zoning Code to assist in the proper development of the City; and, WHEREAS, the City of Roswell has determined that the Zoning Code should be modified from time to time to address current land development conditions; and, WHEREAS, the City supports the property owner of 200 S. Main Street submitting for a vacation of the alley and the placement of an Access and Utility Easement on the same property. NOW, THEREFORE, be it resolved by the governing body, the City Council of Roswell, New Mexico: that the City adopts the following changes. Section 1. APPROVAL OF ATTACHMENT 1. Section 2. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. EFFECTIVE DATE. This ordinance shall be effective after five (5) days following its publication as required by State law. APPROVED, ADOPTED AND SIGNED on this XXth day of XXXXXXXXXX, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk 07/23/2018 - Legal Committee --37-- City of Roswell, NM  Attachment 1 ARTICLE 4: DEFINITIONS Amusement establishment. A structure or facility offering a variety of recreational activities such as, pool halls, miniature golf, driving ranges, go-cart tracks, amusement parks, skating rinks, and game rooms. Amusement Commercial, Indoor. Establishment which provides indoor recreational activities including but not limited to bowling alleys, movie theaters, dance halls, banquet halls, performance halls, athletic courts, and video games arcades. Amusement Commercial, Outdoor. Establishment which provides outdoor recreational activities including but not limited to drive-in theaters, miniature golf courses, go-kart tracks, and carnival or amusement park rides. Automotive repair, heavy. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service. Automotive repair, light. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building. Fueling Station. The location of fueling pumps for primarily automotive vehicles, and can be either petroleum, natural gas, or electrical. Townhouse. Including but not limited to Patio Homes; being one structural unit of contiguous single-family dwelling units which are joined by a common wall/property line. Townhouse/Townhome. A single structure with a common roofing system containing two (2) or more attached dwelling units with common walls and shared lot lines, each dwelling unit being located on its own individual property. Triplex. A structure containing three (3) dwelling units located on a single lot held under one ownership. 07/23/2018 - Legal Committee --38-- City of Roswell, NM  ARTICLE 5: ESTABLISHMENT OF ZONING DISTRICTS Section 1. Establishment of Zoning Districts In order to fulfill the purposes and provisions of this Ordinance, the area within the corporate limits of the City of Roswell is divided into the following zoning districts: ResidentialR-S Rural Suburban District R-VL Residential Very Low District R-L Residential Low District R-1 Residential District R-2 Residential District R-3 Residential District R-4 Residential District RMS Mobile Home Subdivision District MHC Mobile Home Community District Mixed Use MX-P Mixed Use - Plaza Commercial C - 1 Neighborhood Commercial District C-2 Community Commercial District C-3 Downtown Business District C-4 Commercial Business District CO - 1 Commercial Office District Industrial I-1 Light Industrial District I-2 Heavy Industrial District Other P-R Parks and Recreation INST Institutional ARTICLE 6: R-S RURAL SUBURBAN DISTRICT ARTICLE 7: RESERVED 07/23/2018 - Legal Committee --39-- City of Roswell, NM  ARTICLE 8: R-VL RESIDENTIAL VERY LOW DISTRICT Section 1. Purpose This district is intended for very low density single-family detached dwellings, between 1-2 units per acre, and other uses which uphold and maintain the very low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Renewable energy facilities 8. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 9: RESERVED 07/23/2018 - Legal Committee --40-- City of Roswell, NM  ARTICLE 10: R-L RESIDENTIAL LOW DISTRICT Section 1. Purpose This district is intended for low density single-family detached dwellings, between 2-4 units per acre, and other uses which uphold and maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Renewable energy facilities 8. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 11: RESERVED 07/23/2018 - Legal Committee --41-- City of Roswell, NM  ARTICLE 7 12: R-1 RESIDENTIAL DISTRICT ARTICLE 13: RESERVED ARTICLE 8 14: R-2 RESIDENTIAL DISTRICT ARTICLE 15: RESERVED ARTICLE 9 16: R-3 RESIDENTIAL DISTRICT ARTICLE 17: RESERVED ARTICLE 10 18: R-4 RESIDENTIAL DISTRICT ARTICLE 19: RESERVED ARTICLE 11 20: RMS RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT ARTICLE 21: RESERVED ARTICLE 12 22: MHC MANUFACTURED/MOBILE HOME COMMUNITY DISTRICT ARTICLE 23: RESERVED ARTICLE 13 24: LOCATIONS OF MOBILE HOMES, TRAVEL TRAILERS, RECREATIONAL, AND/OR OVERSIZE VEHICLES OUTSIDE OF APPROVED DISTRICTS ARTICLE 25: RESERVED 07/23/2018 - Legal Committee --42-- City of Roswell, NM  ARTICLE 26: MXP MIXED USE PLAZA DISTRICT Section 1. Purpose This district is intended to provide for a mixed-use development that would accommodate a variety of arts and entertainment, retail, personal service, office, and residential uses in close proximity of each other found around the central plaza which is intended to become a new meeting location for the City. It is intended that this district will be a mixed-use area with the placement of residential and commercial uses and structures in close proximity that will provide for an active area for interacting with local residents and visitors. Section 2. Use Regulations (Non-Residential) A. Permitted Uses are as follows: 1. Athletic clubs/gyms 2. Banks/credit unions/financial institutions 3. Barber/Beauty shops/day spas 4. Child care centers 5. Commercial retail 6. Drugstores/food stores/markets 7. Florists 8. Government offices 9. Hotels and motels 10. Laundries/dry cleaning 11. Liquor service and stores 12. Medical facilities/offices/centers 13. Museums and art galleries 14. Music/dance school 15. Private or public parking lots/garages/decks 16. Professional offices 17. Restaurants/food/drink/lounges/liquor 18. Theaters, indoor B. Special Uses are as follows: 1. Outdoor seating areas Section 3. Use Regulations (Residential) A. Permitted Uses are as follows: 1. Multifamily Residential Units as outlined under the R-4 Residential District to be placed above the commercial first floor. Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 27: RESERVED 07/23/2018 - Legal Committee --43-- City of Roswell, NM  ARTICLE 14 28: C-1 NEIGHBORHOOD COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for retail and personal service types of uses of a limited nature for the consumer population of the neighborhoods in which they are located and is not intended for those types of uses that will either attract the consumer population of the entire community, attract large volumes of traffic, or have an appearance and performance that may be detrimental to the neighborhoods in which they are located. Permitted uses shall not exceed 7,000 square feet in gross floor area. Special Use Permits shall not exceed 10,000 square feet in gross floor area, except for parking lots. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Accessory Living quarters for a single-family residential unit per each lot and shall not be for sale or lease separate from the principle use or for use involving the conduct of a business. 2. Barber/Beauty shops/Day Spas 3. Bed and Breakfast (5 units max, includes owner) 4. Boarding, Lodging Homes, or Hostels 5. Child care centers 6. Banks/Credit Unions/Financial institutions 7. Drugstores/Food Stores/Markets 8. Convenience stores without Fueling Stations 9. Retail Florists 10. Laundries/Dry Cleaning 11. Libraries and other public facilities 12. Museums and art galleries 13. Professional office not to exceeding 10,000 square feet in gross floor area 14. Recreational Buildings/Community centers 15. Music/Dance/Trade Schools 16. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above B. Special Uses are as follows: 1. Greenhouses 2. Automobile service stations 3. Public utility/service/television companies 4. Permitted uses in excess of 7,000 sq. ft. of gross floor area. 5. Parking lots, as a principal use. 6. Multi-Family Residential Units 7. Self -Storage Units 8. Religious Institution 9. Convenience stores with Fueling Stations ARTICLE 29: RESERVED 07/23/2018 - Legal Committee --44-- City of Roswell, NM  ARTICLE 15 30: C-2 COMMUNITY COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for a wide variety of retail, personal service, wholesale office, and other general service types of uses for the consumer population of the entire community and, because of their heavy traffic generating characteristics, ability to stay open 24 hours per day and potentially detrimental appearance and performance, are located on the periphery of residential areas along collector and arterial street facilities. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the C-l District 2. Amusement Parks 3. Athletic clubs/Gyms 4. Auditoriums/ Banquet halls/Convention/Exhibition Centers 5. Banks/Credit Unions/Financial institutions 6. Hospitality Establishments (Example: hotels and motels) 7. Liquor Service and Stores 8. Lodges, Clubs, Fraternal, Religious (No gun clubs) 9. Commercial Retail/Service stores 10. Rental Stores and Self-Storage Units 11. Professional Offices 12. Funeral Parlors/Crematorium 13. Golf courses 14. Animal hospitals, clinics, and kennels 15. Medical facilities/offices/centers 16. Newspaper and/or Magazine offices 17. Private or public parking lots/garages/decks 18. Government offices 19. Public or private utility/Service/radio/TV/cable 20. Restaurants/food/drink/lounges/liquor 21. Stadiums and arenas 22. Theaters, indoor 23. Automotive Repair, Light with temporary outside storage utilizing no more than 20% of net area of the lot. 24. Carnivals, circuses or menageries; shall be located on a paved or hard pack surface and shall not occupy more than 10% of the required parking spaces for that location or business. 25. Vendors shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 26. Off-site sales shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 27. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above. 28. Automotive Service Stations 29. Convenience Stores with Fueling Stations B. Special Uses are as follows: 07/23/2018 - Legal Committee --45-- City of Roswell, NM  1. Any special use in the C-1 District 2. Airports/heliports/landing fields 3. Bottling works 4. Bus stations and terminals 5. Gun clubs with indoor firing range 6. Outdoor theaters, drive-ins 7. Outside storage as a principal use 8. Parcel delivery/mail order 9. Penal/Correctional institutions 10. Light welding and fabrication 11. Warehouses and/or storage units 12. RV Parks subject to the development requirements in sections 3 and 4 below Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. Section 4. Commercial Reserve Zones (OMA Area) Properties designated as C-2 (R) are considered as being reserved until such time as other commercial parcels in the OMA Area have been developed. These designations are applicable to City-owned parcels in the OMA Area. Section 5 3. Area, Setback, and Height Requirements Minimum Spacing Minimum Front setback from all Front setback from Rear setback Maxim between structures: Space per unit property lines to Local/ all property lines to from property um Side to Side 25’ Width collector streets. Arterial streets lines. Height And End to End 1,250 S.F. 20’ 35’ 20’ 10’ 20’ 35’ ARTICLE 31: RESERVED 07/23/2018 - Legal Committee --46-- City of Roswell, NM  ARTICLE 16 32: C-3 DOWNTOWN BUSINESS DISTRICT ARTICLE 33: RESERVED ARTICLE 17 34: C-4 COMMERCIAL BUSINESS DISTRICT ARTICLE 35: RESERVED ARTICLE 18 36: CO-1 COMMERCIAL OFFICE DISTRICT ARTICLE 37: RESERVED ARTICLE 19 38: I-1 LIGHT INDUSTRIAL DISTRICT ARTICLE 39: RESERVED ARTICLE 20 40: I-2 HEAVY INDUSTRIAL DISTRICT ARTICLE 41: RESERVED 07/23/2018 - Legal Committee --47-- City of Roswell, NM  ARTICLE 42: P-R PARKS AND RECREATION DISTRICT Section 1. Purpose This district is intended to provide for both private-sector, as well as public sector, recreational and park facilities that are primarily located outdoors. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal parks or open spaces 2. Golf courses, public or private B. Special Uses are as follows: 1. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales C. Development standards are as follows: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and those which are approved by the City Council. ARTICLE 43: RESERVED 07/23/2018 - Legal Committee --48-- City of Roswell, NM  ARTICLE 44: INST INSTITUTIONAL DISTRICT Section 1. Purpose This district is intended to provide for nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government- operated structure or land used for public purpose. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal buildings and facilities 2. Elementary, middle, and high schools, public 3. Hospitals, medical centers 4. Public facilities, including storm water detention areas, governmental buildings and facilities B. Special Uses are as follows: 1. Elementary, middle, and high schools, private 2. Large-scale power generating facilities C. Section 3. Development Standards: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and those which are approved by the managing entity. ARTICLE 45: RESERVED 07/23/2018 - Legal Committee --49-- City of Roswell, NM  ARTICLE 21 48: PUD PLANNED UNIT DEVELOPMENT ARTICLE 49: RESERVED ARTICLE 22 50: DEVELOPMENT STANDANDS Section 1. Generally Every building, structure and use hereafter constructed or established shall meet the following area, setback, and height requirements in addition to requirements set forth elsewhere in this Ordinance. Section 2. Residential Districts The minimum lot size and principal structure location requirements for residential uses in the R- S through R-4 zoning districts are as follows: Side Yard Front Yard Street side Front yard setback setback yard setback setback Rear Yard required Zoning Minimum required required Maximum Use required setback for interior District Lot Size Local or Local or Height arterial required lots collector Collector / streets 1 story/2 streets Arterial story R-S Rural Single-family 2.5 acres 25 35 20 5 / 10 25 / 35 35 Suburban Residence R – VL Single-family 21,780 SF 25 35 20 5 / 10 25 / 35 35 Residential Residence R–L Single-family 10,890 SF 25 35 20 5 / 10 25 / 35 35 Residential Residence R–1 Single-family 6,000 S.F. 25 35 20 5 / 10 25 / 35 35 Residential Residence Single-family 5,000 S.F. 25 25 20 5 / 10 25 / 25 35 Residence R–2 4,500 S.F. Residential Townhouse B 25 25 20 5 / 10 25 / 25 35 Per Unit Duplex A 4,000 S.F. 25 25 20 5 10 / 10 25 / 25 35 Single-family 4,500 S.F. 20 25 20 5 / 10 20 / 25 35 Residence Per Unit 4,000 S.F. R–3 Townhouse B 20 25 20 5 / 10 20 / 25 35 Per Unit Residential Duplex A 3,500 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 3,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit Single-family 4,000 S.F. 20 25 20 5 / 10 20 / 25 35 Residence Per Unit Townhouse B 3,000 S.F. R–4 20 25 20 5 / 10 20 / 25 35 or D Per Unit Residential Duplex A 3,000 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 2,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit *On lots subdivided and recorded after the effective date of this Ordinance, including Summary Plats, Replats, and Revisions of a PUD. If otherwise, the requirements in effect at the time the lots were recorded shall apply. A. All dwelling units on a single lot held under one owner. B. Townhouse structures with one common wall/ property line on one side and a 5 foot side 07/23/2018 - Legal Committee --50-- City of Roswell, NM  yard setback on the opposite side. Structures sharing a common wall shall be constructed simultaneously. C. The required 10 foot side yard setback for a residential 2-story structure shall be measured from that portion of the building, as determined by the City Building Inspector, to the nearest side property line. Half-story containing independent living quarters or apartment shall be counted as a full story. D. Townhouse structures with more than one common wall/ property line on each side. Structures sharing a common wall shall be constructed simultaneously. E. Development projects which have be determined by the City to be consistent with the provisions of the Affordable Housing Plan and implementing Ordinance 16-18, may utilize a maximum density that is one-hundred and fifty percent (150%) of the allowed density under this code for that zoning district, subject to being able to meet all applicable land development criteria. Section 3. Commercial and Industrial Districts All commercial and industrial buildings and/or structures in the C-1, C-2, I-1 and I-2 Districts shall meet the following setbacks, screening, and height requirements. A. Front Yard Setback 1. The minimum setback shall be 40 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. B. Side Yard Setback 1. A side yard setback shall not be required, except where the side lot line abuts a residential zoning district or an adjacent street. 2. Where the interior side lot line abuts a residential zoning district, the minimum side yard setback shall be 20% of the lot width or 35 feet, whichever is less. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, stone, wood, or an irrigated and maintained landscaped area, planted at a density equal to the opacity and height of a solid fence or wall or any combination thereof. 3. Where the side yard is on the street side of a corner lot, the minimum side yard setback shall be 30 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. C. Rear Yard Setback 1. The minimum setback shall not be less than 15 feet, except where the rear lot line abuts a residential zoning district. 2. Where the rear lot line abuts a residential zoning district the minimum rear yard setback shall then be 20% of the lot depth or 35 feet, whichever is less. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, stone, wood, or an irrigated and maintained landscaped area, planted at a density equal to the opacity and height of a solid fence or wall or any combination thereof. D. Building Height Restrictions 07/23/2018 - Legal Committee --51-- City of Roswell, NM  1. In the C-1 district, a building or structure shall not exceed 35 feet in height. 2. In the C-2, C-4, I-1, and 1-2 districts, a building shall not exceed 45 feet in height without approval by the City of Roswell Fire Department. 3. In the C-3 district, a building's or structure’s height shall be subject to approval by the City of Roswell Fire Department. E. Structure Height Restrictions Antennas, monuments, towers, church spires, and/or other such structures not intended for residential dwelling, shall be reviewed on an individual by City Staff through the Building Permit/Plan Review process to determine if the structure’s height poses any threat to the health, safety, welfare, and/or aesthetics of the adjacent properties or the community as a whole. ARTICLE 51: RESERVED ARTICLE 23 52: BUILDING AND PERFORMANCE STANDARDS ARTICLE 53: RESERVED ARTICLE 24 54: SPECIAL FLOOD HAZARD AREAS ARTICLE 55: RESERVED ARTICLE 25 56: TELECOMMUNICATIONS ARTICLE 57: RESERVED ARTICLE 26 58: RENEWABLE/ALTERNATIVE ENERGY SYSTEM ARTICLE 59: RESERVED ARTICLE 27 60: SIGNS ARTICLE 61: RESERVED ARTICLE 28 62: HOME OCCUPATIONS ARTICLE 63: RESERVED ARTICLE 29 64: SEXUALLY ORIENTED BUSINESS (SOB) ARTICLE 65: RESERVED ARTICLE 30 66: NON-CONFORMING USES ARTICLE 67: RESERVED ARTICLE 31 68: PENALTIES FOR NON-COMPLIANCE ARTICLE 69: RESERVED 07/23/2018 - Legal Committee --52-- City of Roswell, NM