Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, July 24, 2018 at 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez Planning Manager: William Morris, AICP, CZO; Planning & Engineering Director, Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the June 26, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Review, discussion, and recommendation of several text Amendments to the City of Roswell Zoning Ordinance. G. Non-Action Item The Regular Planning & Zoning Commission meeting in August will be held on the third Tuesday, August 21, 2018. H. Other Business 1. Discussion on RVs – Parking on Residential Lots 2. Discussion on Home Occupations - Contractors I. Public Comments J. 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: July 20, 2018 Planning & Zoning Commission Agenda 1 July 24, 2018  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, June 26, 2018 - 6:00 PM Roswell Planning & Zoning Commission Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Riley Armstrong Vice Chair: David Storey, Secretary: Jesse McDaniel Members: Saul Aguilar, James MacCornack Kent Taylor, Jana Lessard Planning Staff: Merideth Hildreth, AICP; Miguel Martinez William Morris, AICP, CZO; Louis Najar, PE Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4, NMSA 1978 and City of Roswell, NM Resolution 17-49. A. CALL TO ORDER AND WELCOME –Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Staff Members Present: Merideth Hildreth, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Planning Manager Louis Najar, Director of Planning & Engineering Planning & Zoning Commission June 26, 2018 Minutes Page 1 of 10  Audience Members Present: Melvin R Pyeatt, Sr., Paul Weikel, Elizabeth Weikel, Dorothy H. Gonzales, Ruben M Gonzales, Mariah Guevara, Danny Guevara, Larry Connolly, Josh Skarsgaard, Alfredo Castaneda C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Taylor made a MOTION to approve the agenda as presented. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. E. MINUTES: Consider approval of the May 22, 2018 P&Z Regular Meeting Minutes Commissioner Storey made a MOTION to approve the minutes for the May 22, 2018 Regular Planning & Zoning Commission Meeting. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. CASE 18-008 FPLAT: Review of a Final Plat to replat a C-2 property. Legal Description: Subd: FORREST REDIVISION Block: 0 Lot: 1 THRU 9 INCLUDING VACATED PORTION OF FOREST STREET BETWEEN RICHARDSON AVE & S MAIN ST & VACATED ALLEY, Subd: OLIVERS REDIV AMEND Block: 1 Lot: 1 THRU 22 INCLUDING VACATED ALLEY , S: 8 T: 11S R: 24E BK: 804 PG: 526 SWD. & Subd: MAIN MCGAFFEY SUMMARY PLAT Lot: 2 BK: 804 PG: 526 SWD Property Address: 104 W McGaffey Street. (Owner: Retail Equity Development 5 LLC; Red Shamrock 6 LLC; Retail Equity Development 7 LLC). Chair Armstrong recused himself from Case 18-008. Vice Chair Storey introduced Case 18-008 Final Plat to replat a C-2 property on West McGaffey. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-008. Second by Commissioner MacCornack. The motion passed by a voice vote of six to zero. (Chair Armstrong recused himself from this case). Planning & Zoning Commission June 26, 2018 Minutes Page 2 of 10  Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-008? In Favor: Josh Skarsgaard Commissioner Storey asked Mr. Skaarsgaard about his understanding of Staff’s recommendation of approval if the developer installs firewalls between the buildings. Mr. Skarsgaard stated he supports the condition to install R-value to subdivide O’Reilly Auto Parts from the adjacent tenant space and will work with Staff. Commissioner Taylor asked what happens to the existing tenants. Mr. Skarsgaard stated the existing tenants will remain. Walgreens is owned separate and apart. There’s about 60,000 square feet of vacant tenant space. Main and McGaffey is an important intersection and is a target for restaurants and clothing. Retail expert Michael Butler from Albuquerque is present at the meeting. The replat is necessary in order to obtain construction financing for the national retail tenants to rehabilitate the property. Commissioner Taylor asked about the replat allowing development of an out-parcel near Main Street. Mr. Skarsgaard answered the replat will create a lot on Main. He also thanked Staff. Vice Chair Storey: Is there anyone wishing to speak against Case 18-008? Against: None Mr. Morris: Staff commends the applicant in this particular case since this part of the City needs something good to happen. Planning Staff is supportive of this project with the one criteria regarding the firewalls. Staff looks forward to working with the applicant to ensure a good product. Mr. Najar: The applicant has been working with Engineering in respect to parking lot maintenance, landscaping, and drainage. Mr. Najar supports this development. Planning & Zoning Commission June 26, 2018 Minutes Page 3 of 10  MOTION – 18-008 FPLAT Commissioner Taylor made a motion based on the Finding of Facts, the land use and zoning considerations, testimony and material presented this night, and Staff recommendations to approve Case Number 18-008. Second by Commissioner MacCornack The motion passed by a voice vote of six to zero. (Chair Armstrong recused himself from this case). Mr. Morris: This Case will go before City Council on July 12 for final consideration. 2. CASE 18-009 VAR: Request variance for a carport in the front yard setback in R-1. Legal Description: Subd: KEITHS SOUTHSIDE REDIV Block: 8 Lot: 42 BK: 711 PG: 1453 QCDJT Property Address: 335 E Poe Street. (Owner: Ivonne Castaneda & Alfredo Castaneda.) Chair Armstrong resumed chairing the meeting and introduced Case 18-009 Variance. Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-009. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-009? In Favor: Alfredo Castaneda Commissioner McDaniel asked if the carport was already built. Mr. Najar answered the carport was red tagged after the carport was built. Chair Armstrong: Is there anyone wishing to speak against Case 18-009? Against: None Planning & Zoning Commission June 26, 2018 Minutes Page 4 of 10  Mr. Najar: 329 and 331 E Poe were issued permits in 1999 which set a precedence (on that block). From an engineering point a view, Mr. Najar supports this variance provided it obtains a building permit. Mr. Morris: From a planning point of view, there is a proviso in the Zoning Code that a building line established in the past becomes the neighborhood norm, then a similar structure with a similar setback might be allowed. This carport is compatible with the other carports around it. Normally, Staff would recommend against a carport (in the front yard setback) or look at it differently. Planning Staff has no objections (to the granting of a variance) as long as the carport has a building permit and passes inspection. Commission Taylor asked for clarification that the carport has not passed construction inspection. Mr. Najar: The owner will be required to obtain a building permit and inspection by the Building Inspector passes it. Any exceptions (violations) found must be corrected prior to issuance of a Certificate of Occupancy. MOTION – 18-009 VAR Commissioner Storey made a motion to approve Case Number 18-009 along with the land use and zoning considerations, Finding of Facts, the Staff recommendations to include the Building Permit (application) must be submitted, (building permit) secured, must pass inspection by the City’s Building Inspector along, with testimony received from the audience tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. 3. CASE 18-010 CUP: Request for Major Home Occupation – Child Care in R-1. Legal Description: Subd: THORNE Block: 3 Lot: 4 BK: 727 PG: 1493 REC Property Address: 406 S Cedar Avenue. (Owner: Danny Guevara & Mariah Guevara). Chair Armstrong introduced Case 18-010 Conditional Use Permit for Major Home Occupation for Child Care. Planning & Zoning Commission June 26, 2018 Minutes Page 5 of 10  Commissioner Taylor made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-010. Second by Commissioner MacCornack. The motion passed by a voice vote of seven to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-010? In Favor: Mariah Guevara Commissioner Aguilar disclosed he was on the notification mailing list and has no interest in the property. Commissioner McDaniel asked how Ms. Guevara has been operating a daycare at that location. Ms. Guevara answered she had everything ready in June of last year and CYFD issued the license in May. She further stated her goal is to open a major commercial building in the future (at a different location). Chair Armstrong asked how many children Ms. Guevara currently has in the daycare. Ms. Guevara answered she currently has up to six children at different times from different parents and she has three children of her own under the age of six and is in the process of adopting another child. This causes her to schedule carefully not to go over six children including her own under the age of six. Chair Armstrong: Is there anyone wishing to speak against Case 18-010? Against: Paul Weikel Chair Armstrong asked for clarification if Mr. Weikel lives at the adjacent property or if it is a rental. Mr. Weikel answered that his property is a rental (that he spent a lot of money renovating.) Commissioner Taylor asked Mr. Weikel if he has evidence that demonstrates that property values diminish near a child care center? Planning & Zoning Commission June 26, 2018 Minutes Page 6 of 10  Mr. Weikel answered he does not have that data. Ms. Guevara stated she is going to college for child development and does not plan to operate a daycare at her house for more than four or five years. She stated her plan is to get a building, but before she can do that, the State has mandated that she run a daycare out of her home for two years. Mr. Morris: This is a home occupation use being requested. The Major Home Occupation requires a Conditional Use Permit. There are a number of these all over the city. The home occupation appears to meet the requirements the City has listed (in the Zoning Ordinance) as well as the State’s requirements. Planning Staff’s recommendation is approval. Chair Armstrong asked for clarification about appeals. Mr. Morris answered that if this Commission does approve the case, appeals of this body’s decision to the City Council must be filed in writing by noon on Thursday to the City Clerk. Commissioner Storey clarified that if the Commission denies the case, the applicant has the same right to file an appeal. Mr. Morris stated that is correct. Mr. Najar stated he performed a site review, and the owner has increased/widened their driveway and parking which is typical in these situations. There was a similar case last month where the applicant used their house as an incubator business. Mr. Najar stated he would support the Conditional Use Permit pending the applicant bring the CYFD paperwork to Staff to maintain on file that the applicant is approved for up to twelve (12) children. Planning & Zoning Commission June 26, 2018 Minutes Page 7 of 10  MOTION – 18-010 CUP Commissioner Taylor made a motion to approve Case Number 18-010 based on the Findings of Fact, the Zoning Considerations, testimony and material presented tonight, and Staff recommendation. Second by Commissioner Storey. The motion passed by a voice vote of seven to zero. Chair Armstrong mentioned again that appeals may be filed by noon Thursday at City Hall. 1. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Review, discussion, and recommendation of several text Amendments to the City of Roswell Zoning Ordinance; addition of Reserve Articles; addition of the following Zoning Districts: Very Low Residential, Low Residential, Mixed Use Plaza, Parks and Recreation, Institutional; and Renumbering the Articles. Chair Armstrong: Introduced the item to address the Proposed Text amendments to the City of Roswell Zoning Ordinance, and he asked for a motion to un-table the item. Commissioner Storey made a motion to un-table the Proposed Text Amendments presented at the May 22, 2018 P&Z meeting. Second by Commissioner Lessard. The motion passed by a voice vote of seven to zero. Mr. Morris reviewed the items: Article 4: Definitions Staff came across in daily work that need to be updated. Regarding Amusements, a laser tag facility is opening on Tilden and Delaware and Staff deems it necessary to clarify the definitions. Staff recognized the need to separate light and heavy automotive repair and separated the definitions of townhouse and triplex for clarity. Article 5 is the establishment of Zoning Districts, adding Residential - Very Low (one-half to one acre), Residential-Low (2 to 4 units per acre or one-fourth to one-half acre lots), Mixed Use Plaza, Parks and Recreation, and Institutional. Institutional is considered societal infrastructure and includes schools, government centers, and NMMI (New Mexico Military Institute). Planning & Zoning Commission June 26, 2018 Minutes Page 8 of 10  Additional changes include Convenience Stores in C-1 without fueling stations as a permitted use and Convenience Stores with fueling stations by a Special Use Permit. C-2 will include Automotive Light, Automotive Service Stations, and Convenience Stores with Fueling Stations as uses by right. Land Development Standards. There will be specific design criteria for the Plaza in OMA (Old Municipal Airport) such as sign codes that will be different from the rest of the City. Specific Commercial standards for the OMA Plaza will be presented next month. OMA will contain Reserve areas for Commercial to ensure orderly development. Reserve sections are included in the Code. Parks and Recreation District will govern parks and golf courses. Institutional District will provide “truth in advertising” to the City’s Zoning Code and (Zoning Map). Setbacks for Residential – Very Low and Residential – Low have been added to the table contained under the Development Standards Article. Staff added a section to the Development Standards Article per the City’s Affordable Housing Study and Affordable Housing Ordinance that will allow the City to provide flexibility and density bonuses with respect to the development of affordable low to moderate income housing. Mr. Morris: If the Commission approves the text amendments, they will go through a Committee system and be presented to City Council for a final decision. MOTION – PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE Commissioner Storey made a motion to approve the Text Amendments of Proposed Ordinance 18-XXX as presented tonight at the Tuesday, June 26 Planning & Zoning Commission Meeting. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. Planning & Zoning Commission June 26, 2018 Minutes Page 9 of 10  G. OTHER BUSINESS Commissioner Storey asked if the City had an architect to work on the OMA master plan. Mr. Morris answered that the City has a design person to help with the Cielo Grande Master Plan for reorganization of the plan to ensure there will be enough soccer fields and parking in the future. Commissioner Storey asked if the Aquatic Center and Recreation Center were being built at the same time. Mr. Najar answered it will be the Roswell Recreation and Aquatic Center. Commissioner Storey asked if the Convention Center would be ready for Municipal League conference. Mr. Najar answered it would be ready for August 29, except the partitions in the new hall. Chair Armstrong asked if Union would be ready for the 4th of July. Mr. Najar answered that Union would be ready in 2020. The rain on the weekends filled up the ponds and the road and slowed down progress. The City will open Montana/Union next week (4th of July week) for access to Cielo Grande. H. PUBLIC COMMENTS I. ADJOURN Chair Armstrong adjourned the meeting at 6:48 p.m. Planning & Zoning Commission June 26, 2018 Minutes Page 10 of 10  AGENDA ITEM 1 JULY 24, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 18-XX Roswell Planning & Zoning Commission Tuesday, July 24, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ACTION REQUESTED: PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING Staff requests Planning and Zoning Commission review, provide comment, and consider recommendation of Proposed Text Amendments: ARTICLE 3: Procedures, Amendments, and Changes Section 7: Annexation of Territory Section 10: Variances ARTICLE 5: Establishment of Zoning Districts (Add RVP) ARTICLE 30: C-2 Community Commercial (Strike RV Park Standards) ARTICLE 46: Recreational Vehicle Park (new RVP zoning district) ARTICLE 52: Building and Performance Standards Section 8: Fences, Walls, and Other Obstructions ARTICLE 62: Home Occupations ARTICLE 66: Non-Conforming Uses Section 3: Restrictions ARTICLE 70: Design Guidelines – Old Municipal Airport (new) BACKGROUND: Staff proposes modification of Zoning Ordinance text to create a new zoning district, revise section on annexations, create development standards for OMA, and other text amendments. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: Legal Committee will review these proposed text amendments upon recommendation by Planning & Zoning Commission. If recommended for approval, the text amendment will be submitted to the City Council for final action. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider recommending approval of this Item at the July 24, 2018 Planning & Zoning Commission Meeting.  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 and anticipated future land development conditions; and, WHEREAS, these amendments are companion amendments with Ordinance 18-XX; and, WHEREAS, the City of Roswell has determined these text amendments will continue to assist in the City’s future development. 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. Text being added is Underlined, Text Being deleted is Struck-out 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 Ordinance 18-XX 1 Amended XXXXXXXX, 2018 ARTICLE 3: PROCEDURES, AMENDMENTS, AND CHANGES Section 4. Procedures - Voting Requirements gather A. Written protests against a proposed case from property owners within the 100 foot notification area whose sum of property area is less than 20 % of the total area within the 100 foot notification area shall require a favorable vote from the majority of the Planning and Zoning Commission members present at the meeting. B. Written protests against a proposed case from property owners within the 100 foot notification area whose sum of property area exceeds 20 % of the total area within the 100 foot notification area shall require a 2-thirds vote of all Planning and Zoning Commission members, whether present at the meeting or not, to approve the proposed case. Section 7. Annexation of Territory A. Intent of Annexations: Annexation is a legal mechanism by which a municipality may expand its regulatory and taxing authority to adjacent unincorporated land. It can be used as a growth management tool to ensure that land use and development standards in adjoining areas are consistent with land use within the municipality, as well as with the goals and objectives of the community as expressed in the Comprehensive Master Plan. Annexations may be either consensual or unilateral. However, areas to be considered for annexation must be contiguous to the municipal boundary and the municipality must be able to demonstrate the ability to provide services. This allows the municipality to time its utility extensions so that the demand for services does not outstrip its ability to serve the new development. Municipalities in New Mexico have the authority to annex territory via Section 3, Article 7 of the New Mexico State Statutes. Pursuant to Section 3-7-1, NMSA 1978, there are three methods available to municipalities seeking to annex new lands. Each method is based upon specific goals and conditions and illustrates different degrees of legislative delegation of power to municipalities. These three methods include: 1. Arbitration Method (Sections 3-7-5 through 3-7010 NMSA 1978) allows a municipality to annex contiguous territory if the municipality can declare that the benefits of annexation can be made within a reasonable time frame to the desired territory. 2. Municipal Boundary Commission Method (Sections 3-7-11 through 3-7- 16 NMSA 1978) establishes an independent commission to determine annexation of a territory to the municipality. The Municipal Boundary Ordinance 18-XX 2 Amended XXXXXXXX, 2018  Commission will meet whenever a municipality petitions to annex a territory or if a majority of the landowners of a territory petition the Commission to annex the territory into the municipality. 3. Petition Method (Section 3-7-17, NMSA 1978) requires a petition signed by the majority of property owners in a contiguous territory supporting annexation into a municipality. B. Annexation Procedure: 1. All application methods: a. Property must be contiguous with the City’s municipal boundary. b. Application must be accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality c. All fees must be paid. 2. Arbitration method: Application must be accompanied by a plat from a registered Land Surveyor in the State showing the boundaries of land to be annexed, a legal description of the property to be annexed, a petition from the land owners within the area to be annexed showing at least 51% support for the annexation, and the additional information required on the City of Roswell annexation application form. 3. Municipal Boundary Commission method: City staff shall prepare all necessary documents to present to the City Council and the New Mexico Department of Finance and Administration to request the use of the Municipal Boundary Commission to hear the annexation request. 4. Petition Method: An application for an annexation-by-petition shall be accompanied by a plat from a registered Land Surveyor in the State showing the boundaries of land to be annexed, a legal description of the property to be annexed, and the additional information required on the City of Roswell annexation application form. C. Annexation Processes: 1. No annexations shall be adopted until a public hearing has been held by the Planning and Zoning Commission and City Council and the 45 day referendum period has expired, shall by ordinance express its consent or rejection to the annexation of such contiguous territory. 2. The Planning and Zoning Commission shall make a recommendation to Ordinance 18-XX 3 Amended XXXXXXXX, 2018  City Council. City Council shall decide whether or not to annex the proposed property into City territory. In its deliberations, both bodies shall consider all statements from the applicant, the public, City Staff, and its own members. Neither body shall approve the annexation unless it finds the annexation to be in the public interest and not solely in the interest of the applicant. 3. If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue. 4. Within thirty days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete. 5. City Council shall acknowledge the zoning district, as zoned in the Chaves County Extra Territorial Zone, for any land incorporated into the City territory, with restrictions, stipulations or amendments per City Council. No Property shall be rezoned until after it has been legally incorporated into the City Limits. A. Land proposed to be annexed into the City territory shall be contiguous with existing City boundaries. The City Manager and City Council may make a request to annex land into the City Territory for the benefit of the municipality. An application for an annexation-by-petition shall be accompanied by a plat from a registered Land Surveyor in the State showing the boundaries of land to be annexed, a legal description of the property to be annexed, a petition from the land owners within the area to be annexed showing at least 51% support for the annexation, and the additional information required on the City of Roswell annexation application form. B. No annexations shall be adopted until a public hearing has been held by the Planning and Zoning Commission and City Council and the 45 day referendum period has expired, in accordance with this Ordinance. C. The Planning and Zoning Commission shall make a recommendation to City Council. City Council shall decide whether or not to annex the proposed property into City territory. In its deliberations, both bodies shall consider all statements from the applicant, the public, City Staff, and its own members. Neither body shall approve the annexation unless it finds the annexation to be in the public Ordinance 18-XX 4 Amended XXXXXXXX, 2018  interest and not solely in the interest of the applicant. D. City Council shall acknowledge the zoning district, as zoned in the Chaves County Extra Territorial Zone, for any land incorporated into the City territory, with restrictions, stipulations or amendments per City Council. No Property shall be rezoned until after it has been legally incorporated into the City Limits. Section 10. Variances A. The Planning and Zoning Commission may approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements and, if the strict application of this Ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner. B. The application shall include the following information: 1. The legal and common description of the property to be considered for a variance. 2. The property’s present zoning classification. 3. A site plan drawn to scale showing the subject property and all adjacent properties. 4. The location, dimensions, and square footage of all structures, existing and proposed. 5. The variance requested and existing hardships that caused the variance request. 6. Any other information the Planning and Zoning Commission may need to make a decision. C. No variance request shall be approved until a public hearing has been held by the Planning and Zoning Commission in accordance with this Ordinance. D. The Planning and Zoning Commission shall decide whether or not to approve a variance request based on all oral and written statements from the applicant, the public, the City Staff, and its own members. The Planning and Zoning Commission shall also consider the effect of the proposed variance upon, neighborhood traffic, the public health, safety, and welfare of the community. The Planning and Zoning Commission shall not approve a variance unless it is satisfied that the request will alleviate some unusual hardship, is consistent with the general intent of this Ordinance, that it conforms to the Comprehensive Master Plan- City's Land Use Plan, and that it is in the public interest and is not solely in the interest of the applicant; specifically, 1. Special circumstances or conditions are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this article. Substandard lot size Ordinance 18-XX 5 Amended XXXXXXXX, 2018  shall be considered a special circumstance in accordance with this subsection. 2. The strict application of the provisions of this article would deprive the applicant of the reasonable use of the land or building, 3. The variance as granted is the minimum adjustment that will accomplish this purpose; and 4. The granting of the variance is in harmony with the purpose and intent of this article and will not be harmful to the neighborhood or otherwise detrimental to the public welfare. 5. The condition requiring a variance was not created by the applicant. Ordinance 18-XX 6 Amended XXXXXXXX, 2018 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 RVP Recreational Vehicle Park Ordinance 18-XX 7 Amended XXXXXXXX, 2018 ARTICLE 15 30: C-2 COMMUNITY COMMERCIAL DISTRICT Section 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’ Section 4. General Standards and Requirements A development plan shall be submitted to the Planning and Zoning Office in accordance with the procedures established in this Ordinance and meeting the following standards and requirements before the issuance of a building permit. An RV Park shall not be less than 2.5 acres in size and shall be so dimensioned as to facilitate efficient design and management. Occupancy shall not be permitted until all infrastructures, facilities, and improvements are installed. A. Development Plan. Plans shall be drawn to scale on an 18"x 24" sheet. The following additional information shall also be shown: 1. A detailed ALTA/ACSM Land Title Survey of the proposed RVP area provided by a Registered Licensed Surveyor. 2. Name of the proposed RVP and name and address of the property owner and/or developer. 3. The location and width of all proposed rights-of-way, easements, and required building setback lines. 4. The locations, dimensions, and area of all proposed or existing lots, home spaces. 5. Identification of the use of any lot or space (single or multi-section units) with consecutive numbering. 6. The location of any proposed accessory structures such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use, located on the home space. 7. The applicant shall provide the City of Roswell 4 sets of the Development Plan at the time of application. Upon final approval the applicant shall furnish the City with 2 sets of the Development Plan for recording purposes. 8. If construction has not begun within one year from the date of approval of the development plan, the approval shall be considered null and void. B. Street Surfacing and Maintenance. As specified in the latest adopted City of Roswell Public Works Specification Ordinance. C. Fencing, screening and landscaping. A solid screen fence or wall made of brick, masonry, stone, or wood, no less than 6 feet in height; or an irrigated and maintained landscaped fence planted with a density equaling the opacity and height Ordinance 18-XX 8 Amended XXXXXXXX, 2018  of a solid fence or wall; or any combination thereof at all perimeter lot lines of the park. Landscaping shall be provided in accordance with this Ordinance. D. Access to the Park. Direct vehicular access to the park shall be provided by means of an abutting collector or arterial street. Direct vehicular access shall not be provided through an alley or easement. E. Design of Driveway Entrances and Exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with movement of traffic on adjacent streets. A minimum of 2 access points shall be provided, and all traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of 25 feet to facilitate easy turning movements for vehicles with trailers attached. No object shall obscure the view of an approaching driver in the right lane of the street. No entrance or exit shall be located closer than 40 feet from any street intersection or 10 feet from the radius point, whichever is more. F. Internal Streets. Streets shall be privately owned and maintained and provided in the park where necessary to allow safe, convenient access to all spaces and facilities used by occupants. G. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography for safe movement of traffic anticipated and to control surface and ground water. H. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load per City Fire Department and City Engineer. J. Parking Spaces. One hard-pack, off-street parking space per lot. Parking spaces shall be designed as a drive-through space to eliminate backing of vehicles. No loading or maneuvering shall be permitted on any public street, sidewalk, right-of- way, or public grounds. K. Management Offices and Common Facilities. Buildings(s) containing the management office, recreational facilities, toilets, showers, and other common facilities shall be conveniently located for the uses intended. Consolidation of all facilities into a single building and location is acceptable, and must meet the requirements of the current Uniform Building Code. A City of Roswell building permit must be obtained prior to construction. L. Disposal of Wastewater, Sewage, and Trash. No unit shall dispose of wastewater, sewage or trash except in approved facilities provided by management for that purpose. All disposal areas shall be clearly marked and kept clean by management. M. Sanitary Stations. 1. Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks, in a clean, efficient, Ordinance 18-XX 9 Amended XXXXXXXX, 2018  and convenient manner. 2. Each sanitary station shall consist of a drainage basin constructed of impervious material, and containing a disposal hatch and self-closing cover and related working facilities. 3. Sanitary stations shall be located no less than 50 feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as a fence, wall, or natural growth. 4. The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system. N. Minimum Required Toilet Facilities. 2 toilets, 2 sinks, and 2 bathing facilities shall be required in each facility, men and women, whether dependent or independent units. The following schedule is for dependent units. Urinals shall be acceptable for no more than one-third of the toilets required in the men’s facilities. No. of Dependent Trailer Spaces Toilets Sinks Bathing Stalls 6-10 4 2 2 11-20 6 2 2 21-30 8 4 4 31-55 10 4 4 56-80 12 4 4 81-105 14 4 4 O. Cooking Shelters, Barbecue Pits, and Fireplaces. Shall be so located, constructed, maintained, and used to minimize fire hazards and smoke nuisance both on and off the property. No open fire shall be permitted except in approved facilities. No open fire shall be left unattended, and all open fires shall be extinguished before occupants of spaces retire or leave the area. No fuel or material which emits dense smoke or objectionable odors shall be used or burned. P. Spaces for Occupancy. RVP spaces in travel trailer parks may only be used by travel trailers, equivalent facilities on or towed by vehicles, tents, or other short-term housing. The wheels of a travel trailer shall not be removed except temporarily for repairs. Jacks or stabilizers may be placed under travel trailer to prevent movement while the trailer is parked and occupied. ARTICLE 31: RESERVED Ordinance 18-XX 10 Amended XXXXXXXX, 2018 ARTICLE 46: RVP RECREATIONAL VEHICLE PARK 12. RV Parks subject to the development requirements in sections 3 and 4 below Section 1. 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’ Section 2 General Standards and Requirements A development plan shall be submitted to the Planning and Zoning Office in accordance with the procedures established in this Ordinance and meeting the following standards and requirements before the issuance of a building permit. An RV Park shall not be less than 2.5 acres in size and shall be so dimensioned as to facilitate efficient design and management. Occupancy shall not be permitted until all infrastructures, facilities, and improvements are installed. A. Development Plan. Plans shall be drawn to scale on an 18"x 24" sheet. The following additional information shall also be shown: 1. A detailed ALTA/ACSM Land Title Survey of the proposed RVP area provided by a Registered Licensed Surveyor. 2. Name of the proposed RVP and name and address of the property owner and/or developer. 3. The location and width of all proposed rights-of-way, easements, and required building setback lines. 4. The locations, dimensions, and area of all proposed or existing lots, home spaces. 5. Identification of the use of any lot or space (single or multi-section units) with consecutive numbering. 6. The location of any proposed accessory structures such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use, located on the home space. 7. The applicant shall provide the City of Roswell 4 sets of the Development Plan at the time of application. Upon final approval the applicant shall furnish the City with 2 sets of the Development Plan for recording purposes. 8. If construction has not begun within one year from the date of approval of the development plan, the approval shall be considered null and void. B. Street Surfacing and Maintenance. As specified in the latest adopted City of Roswell Public Works Specification Ordinance. C. Fencing, screening and landscaping. A solid screen fence or wall made of brick, Ordinance 18-XX 11 Amended XXXXXXXX, 2018  masonry, stone, or wood, no less than 6 feet in height; or an irrigated and maintained landscaped fence planted with a density equaling the opacity and height of a solid fence or wall; or any combination thereof at all perimeter lot lines of the park. Landscaping shall be provided in accordance with this Ordinance. D. Access to the Park. Direct vehicular access to the park shall be provided by means of an abutting collector or arterial street. Direct vehicular access shall not be provided through an alley or easement. E. Design of Driveway Entrances and Exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with movement of traffic on adjacent streets. A minimum of 2 access points shall be provided, and all traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of 25 feet to facilitate easy turning movements for vehicles with trailers attached. No object shall obscure the view of an approaching driver in the right lane of the street. No entrance or exit shall be located closer than 40 feet from any street intersection or 10 feet from the radius point, whichever is more. F. Internal Streets. Streets shall be privately owned and maintained and provided in the park where necessary to allow safe, convenient access to all spaces and facilities used by occupants. G. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography for safe movement of traffic anticipated and to control surface and ground water. H. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load per City Fire Department and City Engineer. J. Parking Spaces. One hard-pack, off-street parking space per lot. Parking spaces shall be designed as a drive-through space to eliminate backing of vehicles. No loading or maneuvering shall be permitted on any public street, sidewalk, right-of- way, or public grounds. K. Management Offices and Common Facilities. Buildings(s) containing the management office, recreational facilities, toilets, showers, and other common facilities shall be conveniently located for the uses intended. Consolidation of all facilities into a single building and location is acceptable, and must meet the requirements of the current Uniform Building Code. A City of Roswell building permit must be obtained prior to construction. L. Disposal of Wastewater, Sewage, and Trash. No unit shall dispose of wastewater, sewage or trash except in approved facilities provided by management for that purpose. All disposal areas shall be clearly marked and kept clean by management. M. Sanitary Stations. Ordinance 18-XX 12 Amended XXXXXXXX, 2018  1. Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks, in a clean, efficient, and convenient manner. 2. Each sanitary station shall consist of a drainage basin constructed of impervious material, and containing a disposal hatch and self-closing cover and related working facilities. 3. Sanitary stations shall be located no less than 50 feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as a fence, wall, or natural growth. 4. The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system. N. Minimum Required Toilet Facilities. 2 toilets, 2 sinks, and 2 bathing facilities shall be required in each facility, men and women, whether dependent or independent units. The following schedule is for dependent units. Urinals shall be acceptable for no more than one-third of the toilets required in the men’s facilities. No. of Dependent Trailer Spaces Toilets Sinks Bathing Stalls 6-10 4 2 2 11-20 6 2 2 21-30 8 4 4 31-55 10 4 4 56-80 12 4 4 81-105 14 4 4 O. Cooking Shelters, Barbecue Pits, and Fireplaces. Shall be so located, constructed, maintained, and used to minimize fire hazards and smoke nuisance both on and off the property. No open fire shall be permitted except in approved facilities. No open fire shall be left unattended, and all open fires shall be extinguished before occupants of spaces retire or leave the area. No fuel or material which emits dense smoke or objectionable odors shall be used or burned. P. Spaces for Occupancy. RVP spaces in travel trailer parks may only be used by travel trailers, equivalent facilities on or towed by vehicles, tents, or other short-term housing. The wheels of a travel trailer shall not be removed except temporarily for repairs. Jacks or stabilizers may be placed under travel trailer to prevent movement while the trailer is parked and occupied. ARTICLE 47: RESERVED Ordinance 18-XX 13 Amended XXXXXXXX, 2018 ARTICLE 23 52: BUILDING AND PERFORMANCE STANDARDS Section 8. Fences, Walls, and Other Obstructions Except as set forth elsewhere in this Ordinance and in other Ordinances, rear yard fences and walls shall not exceed 8 feet in height. Front yard fences on individual lots in C-1, C-3, C-4, and R-1 through R-4 zoning districts shall not exceed 4 feet in height with the exception of non-opaque ornamental or design elements that meet with staff approval. Front yard fences and walls in R-S, R-VL and R-L, and around subdivisions and gated communities are allowed to exceed four (4) feet in height under approval by Staff through the development review process. All front yard fences and gates in C-2, I- 1, and I-2 may exceed four (4) feet in height and be no higher than six (6) feet in height unless approved by Staff through the development review process for security purposes and designed to meet clear site triangle safety standards. Fences or walls over 7 feet in height require a Building Permit from the Building Inspection Department. A placement permit shall be required for all new and replacement fences and walls. Fence and wall permits shall be reviewed by Staff. Code Enforcement Officials have the authority to condemn and cause to have demolished fences and walls that are unsafe and pose a potential health or safety hazard. All fences and walls must be of uniform construction from standard fence or wall materials, must be visually appealing, and must be properly maintained. Upon Staff discretion, fences and walls constructed of non-uniform building materials may be subject to review by the Planning & Zoning Commission through the Variance process. A. Fences shall not consist of barbed wire, except if the fence is constructed with conventional materials, then no more than 3 strands of barbed wire may be placed at the top of the fence for security purposes. Such exception is only allowed in the commercial/industrial districts, publicly owned properties, and related buildings, utility and service facilities. B. Fences may not be located within the public right-of-way of streets and/or alley- ways. C. Fences located within any sight-triangle of any ingress or egress of a lot or public right-of-way may not exceed 3 feet in height from natural ground. D. Electric fences are prohibited within city limits. E. A recent survey may be required prior to permitting in cases where property lines cannot be determined. Ordinance 18-XX 14 Amended XXXXXXXX, 2018 ARTICLE 28 62: HOME OCCUPATIONS Section 3. General Guidelines for Minor and Major Home Occupations N. One (1) work vehicle, not defined as oversized, allowed at the lot with a Home Occupation License. O. One (1) work trailer no longer than 18 feet in length, 8 feet in width, or 10 feet in height may be allowed on a paved surface in the front yard or on a paved or unpaved surface in the rear yard of the lot with a Home Occupation License, and shall not be parked in the street or any part of a public right-of-way at the location of the Home Occupation License.. P. Heavy equipment, construction equipment, oversized vehicle, and oversized trailers shall not be stored or parked on residentially zoned lots and are allowed on lots zoned C-2, C-4, I-1, or I-2 with or without an enclosure, and on lots zoned C-3 inside an enclosed building or within the confines of a designated fenced area approved by Staff. ARTICLE 63: RESERVED ARTICLE 30 66: NON-CONFORMING USES Section 3. Restrictions G. Signs on Vacant Property: Signs located on vacant properties, must be removed within 60 days of closure, including the sign and pole. ARTICLE 67: RESERVED Ordinance 18-XX 15 Amended XXXXXXXX, 2018 ARTICLE 70: DESIGN GUIDELINES – OLD MUNICIPAL AIRPORT Section 1. Purpose: The purpose of this article is to provide design guidelines for the Old Municipal Airport (OMA). This area is bounded by 8th Street on the south, Sycamore Road on the west, Montana Avenue on the east, and 19th Street along the north. Development within the MXP zoning district shall conform to the following land development standards. Section 2. Building Mass: Structures in the MXP area shall be multiple stories with the ground floor being used for commercial purposes. Upper floors shall be used for residential purposes. The overall height of the structure shall not exceed forty-five (45) feet as shown in Figure 66-1. Figure 66-1 Section 3. Parking: Residential properties located in the Residential – Very Low (R-VL), Residential – L (R- L), and the townhouse and apartments developments inside the MXP zone but which are not fronting the plaza, shall be based on 2 spaces per unit. Details for this parking shall be based on the standards shown in Article 22 (Building and Performance Standards), Section 7 (Off-Street Parking and Loading Standards). Properties in the MXP zone which front onto the plaza shall not be required to provide off-street parking, but off-street parking may be provided, so long as the parking spaces are located to the backside of the property and does not front the plaza. Ordinance 18-XX 16 Amended XXXXXXXX, 2018 Section 4. Signage: A. General Provisions for All OMA Zoning Districts 1. Flags - State or national flags are permitted in all districts except that each flag pole in excess of thirty feet (30’) shall be erected in compliance with recommendations of a signed, sealed report from a New Mexico registered structural engineer for pole height, pole installation methods, and flag size. 2. Hazardous or Nuisance Signs - No sign shall be located in a manner that could constitute a hazard or nuisance; or no sign shall be illuminated to an intensity or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently-lighted, changing colors, beacons, revolving or similarly constructed signs are not allowed in any zoning district. It shall be an affirmative defense if such signs are otherwise allowed in this Code. 4. Illuminated Signs - No internally illuminated sign shall be erected in single family or two-family residential zoning districts; or within one hundred and fifty feet (150’) of a single family or two-family residential development unless the lighting is shielded from view of the residential development. 5. Murals - Murals require a permit. A drawing of the mural, size and specifications, shall be attached to the permit application. Murals shall not provide signage or advertisement for a business and shall be compatible with the character of the general area. 6. Restricted Language or Wording - Signs shall not display gestures or words that are obscene, profane, or pornographic in nature or any other manner promote activities that are illegal under state or federal law. 7. Searchlights - Searchlights are not allowed. 8. Sign on Fence, Wall, etc. - No person shall paint a sign or attach a sign or banner, other than a nameplate and address (showing a street number), to the outside of a fence, railing or a wall which is not a structural part of a building. The name of the company that constructed the fence is permitted but not exceeding one square foot in size. 9. Sign on Sidewalk, Street, etc. - No person shall attach any sign, paper, or material, or paint, stencil, or write any name, number (except house or street address numbers) or otherwise mark on any sidewalk, curb, gutter, or street. 10. Sign on Tree, Pole, or similar objects etc. - No person shall attach or Ordinance 18-XX 17 Amended XXXXXXXX, 2018  maintain any sign upon any tree or utility pole, light pole, traffic control sign pole, or similar structure located within the right-of-way. 11. Signs over Rights-of-Way - Signs over or in public rights-of-way are prohibited, except movement control, traffic control devices, street signs, way-finding, entry-way or portal signs, or directional signs placed by the City or State. 12. Temporary Real Estate Directional Signs - Temporary signs known as weekend real estate directional signs may be posted so long as they are sandwich board style and collected at the end of each weekend. The maximum width is twenty-four inches (24"). The maximum height is forty- eight inches (48”). 13. Off-Premise Signs - Off- premise signage is prohibited unless specifically allowed by this Code. F. Protective Signs The occupant of a premise may erect two protective signs, in accordance with the following provisions: 1. Attached sign shall not exceed one (1) square foot in effective area. 2. Detached signs shall not exceed one (1) square feet in area and two feet (2') in height. 3. Letters shall not exceed four inches (4") in height. G. Political Signs. 1. Political signs shall comply with this Code to the extent allowed by State and Federal law. 2. Political signs will not require a permit. 3. Political signs are not allowed in the right-of-way, on any public property, or located on any utility, light, traffic signal or sign pole 4. No political signs can be within 100 feet of any polling location on election day when voting at a school, church or private residence; and one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place on election day that is not a school, church or private residence. Ordinance 18-XX 18 Amended XXXXXXXX, 2018 H. Signs Not Requiring Permits No permit shall be required for the following signs although the standards of this Code shall be met: 1. Signs advertising the sale or lease of real property on which they are located on subject property. 2. A garage sale sign located on the same premise having the sale. 3. A protective sign that has as its purpose the protection of life and property. 4. A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers, or water lines or other public utilities. 5. Political signs as governed by State law. 6. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other similar materials. 7. Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising. I. Construction and Development Signs 1. Residential - Two (2) temporary construction or development signs may be permitted for a residential subdivision. The signs may be off-site or onsite. Developers may have the temporary development signs until houses have been constructed on eighty percent (80%) of the lots in the advertised subdivision. Off-site signs shall not exceed eight feet (8') in height or thirty-two (32) square feet per side. The sign shall be placed on private property with the permission of property owner. The Building Official may order a sign to be removed if it does not meet the requirements of this Code. Failure of the Building Official to order removal is not a defense to a violation of this Code. 2. Non-Residential - Only one (1) temporary on-site development sign advertising builder, contractor, architect, lending institution, and/or name of specific business coming soon is allowed. a. The sign may be erected for a period of ninety (90) days prior to the submittal of development plans for the project. If no development plans are submitted in ninety (90) days prior, the sign shall be Ordinance 18-XX 19 Amended XXXXXXXX, 2018  removed. The City Council may grant a one-time extension of forty-five (45) days upon request. b. The sign may remain on the property for the duration of construction and shall be removed prior to the issuance of a Certificate of Occupancy. c. A permit is not required for this sign, however the size may not exceed thirty-two (32) square feet and may not stand higher than eight feet (8') from the ground to the top of the sign. d. Two sided signs are permitted. J. Sign Requirements for Non-Residential Zoning 1. Detached Building Signs a. General Provisions 1) Detached building signs shall be located on-premise unless otherwise allowed by this Code. 2 Unless otherwise allowed in this Code, only the following types of signs shown below are permitted in all non- residential zoning districts. Figure 27.J.1 3) Sign height and copy area is determined by the type of classification of the roadway, shown below in Table 27.J.1. Table 27.J.1: Monument Height and Copy Area Standards Roadway: Height: Copy Area: Number of Signs: Arterials 10 Feet 90 Sq. Ft. 1/Lot or 500 Ft. Frontage Ordinance 18-XX 20 Amended XXXXXXXX, 2018  Collectors 8 Feet 70 Sq. Ft. 1/Lot or 500 Ft. Frontage 4) All signs shall have decorative surface areas that equal a minimum of 20% of the total surface area square footage. This area shall be constructed thru the use of stone, brick, or other masonry materials. Wood may be incorporated as an accent material. 5) The width of the support case on pylon signs shall be no less than 50% of the width of the copy area. 6) Detached signs may be internally or externally illuminated. 7) All detached building signs shall be constructed of materials matching the primary building material in color and finish. 8) Signs may be single or double-faced. 9) The sign shall be located a minimum of five feet (5') from the public right-of-way and shall not create hazards to traffic or pedestrians. The Planning Manager or designee shall approve the exact location of the sign at the time of sign permit. 10) Message boards are allowed as part of a sign but shall not occupy more than twenty-four (24) square feet of the area of the sign face. 2. Attached Building Signs a. General Provisions 1) Attached signs are permitted in non-residential zoning districts in accordance with the provisions of this Code. 2) Attached signs may be internally or externally illuminated. 3) No business or non-residential occupancy shall erect a sign above the eaves or edge of the roof or on a parapet or edge of a canopy unless no other area is feasible and can be demonstrated at the time of permit. 4) Signs for buildings in a multi-use development approved as part of one preliminary site evaluation or zoning application shall be compatible in design, size, material and lighting. Ordinance 18-XX 21 Amended XXXXXXXX, 2018  b. Attached wall-mounted signs allowed using the formula of 0.076 times the square footage of the designated front of the building(s). Multiple occupant structure may have multiple signs based on the formula times the square footage of each bay. Commercial centers with multiple buildings may use the formula on each building. Buildings located on a corner lot may have attached signage facing both roads. 3. Signs and Awning Projecting from Building Surface a. Any non-residential occupancy may erect one (1) attached sign projecting up to a maximum of six feet (6') from a vertical building surface, but not above the roof. The sign shall be located a minimum of ten feet (10’) above grade and shall not project into or over any public right-of-way (see Figure 27.J.2 below), unless approval is obtained from the ROW owner. Figure 27.J.2 b. Any non-residential occupancy may erect awnings projecting out to a maximum of six feet (6') from a vertical building surface, but not above the roof, and shall be located a minimum of eight feet (8’) above grade and shall not project into or over any public right-of- way (see Figure 27.J.3 below), unless approval is obtained from the ROW owner. Ordinance 18-XX 22 Amended XXXXXXXX, 2018  Figure 27.J.3 c. Projecting signs may be combined with awnings, but neither may project above the building parapet wall. Figure 27.J.4 d. Square footage for the copy area of the awning face or projecting sign face shall be determined as shown in Section 27.J.3. Square footage of the awning face and projecting sign faces combined for the copy area shall be determined as shown in Section 27.J.4. 4. Menu Board Signs A maximum of two (2) menu boards for drive-through cafes/restaurants are permitted per lot. The sign shall not exceed eight feet (8') in height and shall be single-faced with the message area not exceeding thirty-two (32) square feet. The area may be increased to forty (40) square feet if one sign is utilized for the lot. The signs shall not face a public right-of-way that serves the front of the building. 5. Movement Control Signs Ordinance 18-XX 23 Amended XXXXXXXX, 2018  a. Movement Control Signs (entrance/exit) may be erected for non- residential uses. The signs may be attached or detached, and shall be erected in accordance with the following requirements: b. Each sign not exceed six (6) square feet in effective area and three feet (3') in height. c. If a sign is an attached sign, the letters shall not exceed four inches (4") in height. d. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premise on which the sign is located. e. The signs must contain no advertising but logos are allowed. 6. Temporary Signage for Non-Residential Uses a. A permit is required for all temporary signs. b. Temporary signs are allowed as follows: 1) Temporary signs are prohibited within the right-of-way or adjacent to the right of way, and shall not be located in the parking area, on parking lot lights or on detached signs of any business. 2) One (1) attached temporary sign shall be allowed per building for single occupant buildings or per business for multiple occupant buildings for a maximum duration of thirty (30) calendar days two (2) times per calendar year provided there is a minimum sixty (60) day separation between the placement of temporary signs. The allowable sign area for a temporary banner sign is one-half (0.5) square feet of sign area for every one (1) linear foot of building or lease space frontage up to a maximum of twenty (20) square feet. Temporary banner signs shall be made of cloth, plastic or other fabric-like flexible material. Temporary banner signs shall be securely anchored to the building. c. Other temporary signs are allowed as follows: 1) Temporary/promotional items such as inflatable or air-blown devices, flags, small balloons, pennants, or banners are allowed on a temporary basis for thirty (30) days for the opening date of a business. The thirty-day (30-day) period Ordinance 18-XX 24 Amended XXXXXXXX, 2018  may start on the date of issuance of a Certificate of Occupancy for the business, but shall not start later than six (6) months after the issuance of the Certificate of Occupancy. Flags or pennants shall be located only on the main building of the business and not within parking lots, light poles etc. 2) Window displays of open/close signs, name of business, hours of operation, and acceptance of credit cards shall be allowed and is not considered as part of the twenty-five percent (25%) coverage. The letters for such information shall not exceed six inches (6") in height. 3) Free standing advertising/signs or other signs inside the building(s) shall be located a minimum of three feet (3') away from the windows. Advertising located closer than 3 feet shall be included in the overall building signage square footage. 7. Signage for Non-Occupied Buildings All sign faces for a non-occupied building or premise shall be removed upon vacation of the property. The sign structure may remain for future occupancies. It is the responsibility of the property owner to cause such a removal. 8. Real Estate Signs for Non-Residential or Undeveloped Property a. A permit is not required. b. Property owners are allowed to have one (1) sign per street frontage to advertise the sale or lease of a property. The sign shall be located on premise and shall not exceed six feet (6') in height or twenty (20) square feet in total area. c. The sign shall be self-supporting. d. The sign shall be removed after eighty percent (80%) of the property is sold or leased. e. One (1) “For Lease" or “For Sale" sign may be located inside the building on the window front not to exceed four (4) square feet in area. K. Signage for OMA Residential Zoning Districts: Ordinance 18-XX 25 Amended XXXXXXXX, 2018  1. Two (2) monument signs built to the following criteria at entrances into specific residential developments. a. Not to exceed forty-two (42) square feet in total area and six feet (6') in height above the average grade of the nearest public right-of- way. (See Figure 27.K.1) b. Monument signs shall be built on a monument base. c. Monument signs shall use permanent materials matching the primary building material in color and finish. d. Signs may be single, double-faced or V-shaped. e. The thickness of the sign shall not exceed thirty inches (30"). f. Detached monument signs may be internally or externally illuminated. g. May not be constructed of wood or be painted. h. An electronic message board sign shall not be allowed as part of the sign. Figure 27.K.1 L. Government Signs Nothing in this Code shall be construed to prevent the display of a national flag or state flag, or to limit flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies. Ordinance 18-XX 26 Amended XXXXXXXX, 2018 Section 4. Lighting: A. Project Applicability: Street lights shall be installed in subdivisions, developments, at all intersections, development entrances, and along internal streets. B. Street Light System Design: The proposed street light system shall meet the following conditions: 1. Style. Streetlights shall be vintage or art-deco-style use poles and fixtures that do not exceed 18 feet in height. 2. Continuity: Street lights shall be consistent style throughout the entire development. 3. If a street light exists along the street on which the entrance to the development is located, the applicant shall install the same or similar street light at the entrance. 4. At Intersections, the applicant shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety at all intersections within the development. Section 5: Utility Installations: All utilities needed to support the development shall be located underground. Section 6. Architectural Standards: All non-residential architecture shall be encouraged to incorporate vintage, art – deco - style elements, including materials, windows, and colors. ARTICLE 71: RESERVED Ordinance 18-XX 27 Amended XXXXXXXX, 2018