Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, August 21, 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 Engineering & Public Works Director: Louis Najar, P.E. Community Development Director: William Morris, AICP, CZO Planning & Zoning Administrator: Merideth Hildreth, AICP Planning & Zoning Technician: Miguel Martinez A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the July 24, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items CASE 18-011 VAR: Request variance for a carport in the side yard setback in R-3. Legal Description: Subd: SOUTH ROSWELL Block: 39 Lot: 13 N 90’ BK: 756 PG: 1463 WD Property Address: 700 S Richardson Ave (Owner: Wilson Lauderdale). 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 H. Other Business 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: August 16, 2018 Planning & Zoning Commission Agenda 1 August 21, 2018  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, July 24, 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: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez; Engineering Staff: 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 6:05 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor ABSENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack ABSENT Staff Members Present: William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician Louis Najar, PE, Director of Engineering & Public Works Audience Members Present: Lisa Dunlap, Toby Gross C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Storey MOTIONED to approve the agenda as presented. Seconded by Commissioner Lessard. The motion passed by a voice vote of four to zero. (Absent: Commissioners Taylor, McDaniel and MacCornack) Page 1 of 4 E. MINUTES: Consider approval of the June 26, 2018 P&Z Regular Meeting Minutes Commissioner Lessard MOTIONED to approve the minutes for the June 26, 2018 Regular Planning & Zoning Commission Meeting. Seconded by Commissioner Storey. The motion passed by a voice vote of four to zero. (Absent: Commissioners Taylor, McDaniel and MacCornack) F. PUBLIC HEARING ITEMS: 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. Chair Armstrong: Introduced the item to address the Proposed Text amendments to the City of Roswell Zoning Ordinance. Thirty minute time limit given for discussion. Mr. Morris reviewed the items: Companion document to the amendments the Commission approved last month. Last month was creating new zoning districts. Tonight are text amendments. ARTICLE 3: Procedures, Amendments, and Changes Section 4: Voting Requirements Mr. Morris: To approve a variance, Staff has to do the math ahead of time with the respect to the number of Commissioner votes and a twenty-percent complex formula. Is this something the Commissioners want to look at? Staff wants the text clarified. Staff and Commissioners discussed a clause in the 1950s State Statutes that stipulated a three-fourths favorable vote. Commissioner Storey: If the vote requires two-thirds majority vote, text should be rewritten as two-thirds majority vote of members present at the meeting. Chair Armstrong agrees. Ms. Hildreth gave an example of how the existing text is confusing. If a single property owner owns a whole lot of land (in the notification area), the text could be interpreted such that a single property owner owning a large piece of land could write a protest letter, which would constitute a reason to justify a two-thirds vote from the commission. Staff wants to know if the Commission would like to clarify this text or have a straight majority vote. Section 7: Annexation of Territory Mr. Morris discussed making sure the language adheres to State Statutes with three paths toward annexation: Arbitration Method, Petition Method, and Municipal Boundary Commission. The new language clarifies the processes. Section 10: Variances Mr. Morris voiced concerns to clarify and provide objective and consistent standards for a variance to be granted. Is it because of the shape or conditions of the land or something the applicant did? Commissioner Armstrong: Put ourselves in the position of needing to ask for a variance. Let's give everyone an opportunity to request a variance, and look at each one individually. Page 2 of 4 Vice Chair Storey says remove number 5 “The condition requiring a variance was not created by the applicant.” Mr. Morris is okay with removing numbers 1-5. ARTICLE 5: Establishment of Zoning Districts (Add RVP) RV Parks is under C-2 as a Conditional Use, take it out of C-2 to preserve C-2 for highest and best use, and create an RVP district. Mr. Morris: C-2 is much more valuable to develop for commercial. Chair Armstrong: Will the RV Parks that exist now have to be rezoned RVP? Mr. Morris: We will rezone RV Parks in the City all at once. Commissioner Lessard: If you go anywhere in Artesia, Carlsbad, Hobbs, you see RV Parks springing up on parcels you wouldn't expect. Mr. Najar: We want to give the Commission a chance to review the text two or three times and be comfortable with it. Chair Armstrong: Thirty minute discussion time expired. Go into the next 30 minute segment. G. NON-ACTION ITEM Armstrong stated: The Regular Planning & Zoning Commission meeting in August will be held on the third Tuesday, August 21, 2018. H. OTHER BUSINESS Mr. Morris: Discussion on RVs – Parking on Residential Lots. When the Zoning Code was written, a lot of people had RVs and they were smaller. These RVs are now enormous. Several properties have had several RVs at the same time cohabiting. Some of the RVs today are so big that they are difficult to fit on a typical lot, especially the 5' side yard setback. Staff is constantly chasing RVs. Staff members get into the game of chasing RVs that can be on a lot for 72 hours. When you multiply the number of these things, RVs get sold, and then people get bigger ones with bump outs. A lot of staff time is used chasing RVs. We are open for ideas. The size of RVs has outgrown a typical lot. They are traveling down the alleys and can't be in front yard setback, and can’t be in 5' side yard setback. Chair Armstrong: There are a number of developed areas that have covenants and restrictions. Some developments say no RVs and there's a reason why they are that way. Problem with covenants and restrictions, Enchantment West had one occasion that someone had an RV. We looked at covenants first, then referred them to Planning and Zoning. Vice Chair Storey: What if my covenants say I can have an RV and the City says we can't? Chair Armstrong: If a guy has a large RV and it is parked out of compliance with the code, he moves his RV and the 72 hours resets. He’s still in violation of the code. Mr. Morris: The bigger lots can accommodate RVs. It's problematic in the older neighborhoods. The problem with the 72 hour time limit is by the time Staff processes a code enforcement action, the RV has moved. Vice Chair Storey: Drive the RV around the block and it is considered moved. Talk to Jeff Patterson in Carlsbad. Page 3 of 4  Mr. Morris: The idea was to have a discussion. The (parking of RVs on lots) is something Staff deals with and if Staff doesn’t deal with it, people say the City is not enforcing the codes. Chair Armstrong: If someone has a 12,000 square foot lot – can you do it by lot size and have certain size RV? Mr. Morris also would take a look at the 5' setback. Vice Chair Storey: If someone puts an RV in back yard next to fence, I wouldn't like that, and they are getting taller. Commissioner Lessard: Are there permit requirements in the City to park them? Mr. Morris: The City doesn’t have permit requirements. Staff could institute placement permits. Must get permit for 72 hours with conditions. Vice Chair Storey: Have one permit for 72 hour parking and another permit for permanent parking. I. PUBLIC COMMENTS - None J. ADJOURN Chair Armstrong adjourned the meeting at 7:03 p.m. Page 4 of 4 EXHIBIT A: APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 18-011 (VAR) 700 S RICHARDSON AVENUE (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, August 21, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-011 (VAR): VARIANCE FOR A CARPORT I. Property Location: 700 S RICHARDSON AVENUE Legal Description: Subd: SOUTH ROSWELL Block: 39 Lot: 13 N 90’ BK 756 PG 1463 WD Owner: WILSON LAUDERDALE Request: A Request for a Variance to allow carport to encroach in front yard setback on the east street side. II. Site Data: Site Area: 50’ X 90’ Corner Lot UPC: 4135062505279000000 Existing Land Use: Single Family Dwelling Proposed Land Use: Single Family Dwelling Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-3 South Residential R-3 East Commercial C-2 West Residential R-3  EXHIBIT B: STAFF SUMMARY FOR CASE 18-011 (VAR)  700 S RICHARDSON AVENUE (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 18-011 (VAR)  EXHIBIT B: STAFF SUMMARY FOR CASE 18-011 (VAR) 700 S RICHARDSON AVENUE (PAGE 3 OF 4) III. Intent of Petition: The owner of the residential property at 700 S Richardson Avenue is requesting a Variance to allow a 12’x20’ carport to encroach in the front yard setback. IV. Land Use and Zoning Considerations: 1. The property under consideration is a corner lot currently zoned R-3 with a 20’ front yard setback. 2. The property is approximately 50’ wide by 90’ in depth. 3. Proposed carport will be attached to the existing garage, be located approximately 3’ behind east property line and approximately 7’ from the side of the home. 4. Property has approximately 15’ Right-of-Way from curb to property line. 5. The east façade of the house is approximately 3’ behind the east property line, and the carport would not project farther than the existing house into the setback. Photo from Google Earth  EXHIBIT B: STAFF SUMMARY FOR CASE 18-011 (VAR) 700 S RICHARDSON AVENUE (PAGE 4 OF 4) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and zero (0) written letters of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the depth of the Right-of-Way, the location of the house in relation to the property line, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 18-011 VAR upon the following conditions: 1. Property owner must apply for building permit with site plan. 2. Structure must pass inspection from Building Official. 3. Carport may never be enclosed. 4. Carport may not be extended into the City Right-of-Way. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions if variances are granted.  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-011 (VAR) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 3, 2018 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 18-011 (VAR) Application for Variance to allow for a carport in side yard setback in R-3. You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 18-011 VAR. The Property Owner in this case is requesting approval of a Variance to allow for a carport in the side yard setback in the R-3 (Residential) Zoning District. PROPERTY LOCATION: 700 S Richardson Avenue LEGAL DESCRIPTION: Subd: SOUTH ROSWELL Block: 39 Lot: 13 N 90’ BK 756 PG 1463 WD OWNER OF PROPERTY: Wilson Lauderdale CURRENT ZONING DISTRICT: R-3 REQUEST: A Request for a Variance to allow for a carport in the side yard setback in R-3. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on TUESDAY, August 21, 2018 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, August 15, 2018. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning 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. Respectfully, Miguel Martinez (Area Map on Reverse Side ) Planning & Zoning Technician  EXHIBIT D: CASE 18-011 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (700 S RICHARDSON AVENUE) FOR A VARIANCE FOR A CARPORT AND PROPERTIES WITHIN NOTIFICATION AREA 2 12 3 5 4 1 11 6 7 8 9 10 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 700 S RICHARDSON AVENUE  EXHIBIT E: 18-011 (VAR) LIST OF PROPERTY OWNERS NOTIFIED 1. WILSON LAUDERDALE 700 S RICHARDSON AVE ROSWELL, NM 88203 2&3 LAWRENCE D & LESLIE A ANDERSON 404 CHICO DR ROSWELL, NM 88201 4&6 DENNY & GETSY GUMFORY 204 W BLAND ST ROSWELL, NM 88203 5. DENCELL ALLEN & ELIZABETH JANE GUMFORY 204 W BLAND ST ROSWELL, NM 88203 7. KELLY D CHAVEZ; ERICA M CHAVEZ & JASON C COPELAND 1221 E YELLOWSTONE PL CHANDLER, AS 85249 8. RICHARD & PATRICIA GARCIA 203 W DEMING ST ROSWELL, NM 88203 9. JOHN JANISCH 201 W DEMING ST ROSWELL, NM 88203 10. JOSEPH A & DELMA NATIVIDAD FUENTES 113 W DEMING ST ROSWELL, NM, 88203 11. BRUCE & MARY SPENCE 5072 W BERRENDO RD ROSWELL, NM 88201 12. LA MORADA LLC 2202 PALOMAR DR ROSWELL, NM 88203  AGENDA ITEM 2 AUGUST 21, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 18-XX Roswell Planning & Zoning Commission Tuesday, August 21, 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 13: Locations of Mobile Homes, Travel Trailers, Recreational, and/or Oversize Vehicles Outside of Approved Districts 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 August 21, 2018 Planning & Zoning Commission Meeting. Article 5: Definitions Porch – A roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of sheltering from the rays of the sun and from rain and weather, exclusive of vehicles, either persons or inanimate objects. Article 13: Locations of Mobile Homes, Travel Trailers, Recreational, and/or Oversize Vehicles Outside of Approved Districts RVs, Motorhomes, and Boats All RVs, Motorhomes, and Boats longer than 15' in length on all lots within the City, regardless of Zoning District, shall obtain a placement permit from the Community Development Office in order to park or store and RV. RVs are not allowed to park or be stored in the following areas on any Lot. 1. Corner Lot side yards in the Right-of-Way outside the property line. 2. Alley Right-of-Way. 3. Street Right-of-Way. 4. Utility & Sidewalk Easement Right-of-Way between curb or street and property line. 5. Closer than 20' from the Front Property Line 6. Closer than _2__ ' from the Interior Lot Property Line in the Front Yard. 7. Closer than __5_' from the Interior Lot Property Line in the Rear Yards. 8. Closer than _3__' from the Rear Property Line on properties that abut an alley. 9. Closer than 5' from the Rear Property Line on properties that do not abut an alley. 10. In the Rear Yard, closer than 10' from the Principal Structure or any other enclosed Structures excluding garages, carports, and RV canopies, or RV garage. 11. Parking must be paved or gravel. Right-of-Way must be paved. Temporary Use of an RV on a Lot: An RV will be allowed in a driveway or on the street, but not over the sidewalk for purposes of loading, unloading, or cleaning for a period not to exceed 24 hours and not to exceed thirty 24 hour periods within a year. RV, Motorhome, Boat, Trailer, and Large Vehicle Sales in Commercially and Industrially Zoned Districts: RVs and Large Vehicle display areas are required to meet the following setbacks: 20' Front Yard Setback 5' Side Yard Setback on Interior Lot 20' Street Side Yard Setback on a Corner Lot 2' Rear Yard Setback when abutting an alley 5' Rear Yard Setback when abutting another property with no alley RVs and Motor Homes on Residential lots shall be operable and mobile at all times. Boats are required to be on an operable and mobile trailer at all times. RVs/Motor Homes on Residential lots shall not be: Hooked up to Sewer or Sewer Cleanouts - use approved Commercial dump stations only. Hooked up to water other than filling tanks. Hooked up to electricity other than regular ____ for purposes of cleaning, vacuuming, and operating refrigerator. Stored on the property with Slide-outs in the "out" position. 1 RV per property and must meet setbacks  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