ORDINANCE 917

 

 

AN ORDINANCE, AMENDING ORDINANCE 630, ESTABLISHING ZONING DISTRICTS IN THE CITY OF TUCUMCARI, NEW MEXICO AND THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS, AREA OF LOTS, BUILDING SITES AND YARD SPACES; PROVIDING FOR THE ADOPTION OF A MAP SHOWING THE BOUNDARIES OF SAID ZONING DISTRICTS; DEFINING THE TERMS USED IN THIS ORDINANCE; PROVIDING FOR ITS AMENDMENT, ADJUSTMENT AND ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION: AND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH.

 

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TUCUMCARI, NEW MEXICO.

 

 

 

ARTICLE I.

 

SECTION 1.              TITLE

 

This Ordinance shall be known, and may be cited and referred to, as the City of Tucumcari Zoning Ordinance.

 

SECTION 2.              AUTHORITY AND PURPOSE

 

This Ordinance is enacted for the purpose of establishing and carrying into effect the several powers, duties, privileges and planning and platting jurisdiction conferred upon the  City of Tucumcari, in, under or by an Act of New Mexico State Legislature known as Section 14-18 through 14-20-24, inclusive, New Mexico Statutes Annotated, 1953 compilation, together with acts amendatory thereof and supplementary thereto.  The regulations and restrictions hereinafter provided have been made in accordance with a comprehensive plan, heretofore duly adopted and approved and are designed to lessen congestion in the street and public ways, to promote health, safety and the general welfare; to secure safety from fire, panic and other dangers; to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements.

 

The regulations and restrictions herein have been made after reasonable consideration, among other things, of the character of the District, and its particular suitability for particular uses, and with a view to conserving the value of buildings and lands and encouraging the most appropriate use of land throughout the municipality.

 

SECTION 3.              EXISTING USES

 

The existing use or uses of all buildings, improvements and premises not in conformity with the stands or requirements of the Zoning District in which they are located, in accordance with the provisions of this ordinance, and which uses are legal, or for which permits or variances were granted under previous ordinances, may continue as NON-CONFORMING USES OR VARIANCES as hereinafter defined, and subject to the provisions regulating such uses.

 

 

ARTICLE II

DEFINITIONS

 

SECTION 4.              GENERAL

 

For the purpose of this ordinance, certain items, terms or words used herein shall be interpreted or defined as follows:

 

Words used in the present tense include the future tense.

 

The singular includes the plural and the plural the singular.

 

The word "person" includes a firm, association, organization, partnership, trust             company or corporation as well as an individual.

 

The word "Used" or "occupied" includes the works "intended", "designed", or "arranged" to be used or occupies.

 

The word "lot" includes the word "plot" or "parcel".

 

The word "building" includes the word "structure".

 

The term "shall" is mandatory; the term "may" is permissive.

 

 

SECTION 5.              SPECIFIC

 

ACCESSORY USE OR STRUCTURE - A use or structure incidental to the principal use of a building or land.

 

ABUTTING – Touching members of a building, such as bearing walls, beams girders, joists, foundations, pilings, or retaining walls.

 

AIRPORT FACILITY - Includes a runway terminal, real estate, parking facility and any other facility used in connection with the operation of an airport.

 

ALLEY - A public way at the rear or side of property which has been dedicated or deeded to the public for public travel as a means of secondary access to abutting property.

 

ALTERATION - Any change in the supporting members of a building, such as bearing walls, beams, girders, joists, foundations, pilings or retaining walls.

 

APARTMENT HOUSE - A building containing three (3) or more dwelling units rented or leased or intended to be rented or leased, with separate housekeeping and cooking facilities for each.

 

BASEMENT - A story having part, but not more than one-half, its height below grade.  A basement is counted as story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.

 

BOARDING OR LODGING HOUSE - A dwelling containing up to and including five (5) guest rooms where lodging is provided with or without meals for compensation.

 

BUILDING - Any structure built, maintained or occupied for the support, shelter or enclosure of persons, animals, chattel, or property of any kind.  Temporary building is one that is removed within one year.  Mobile building is one designed to be towed along a highway.

 

BUILDING, ACCESSORY - A building detached from and subordinate to the man building and located on the same lot or parcel of and with the main building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or main use of land.

 

BUILDING, HEIGHT OF - The vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof, or the average height between eaves and ridge for gable, hip, and gable roofs.

 

BUSINESS AT LARGE - The use of a residence to receive mail, telephone calls and other communication involving a business activity which involves the provision of services on a call basis but where no services are provided at the premises and no commodities are stored or sold at the premises other than items stored in limited quantities for use in providing service.

 

BUILDING, MAIN - The building occupied by the primary use.

 

CARPORT - An open-sided, roofed automobile shelter, usually formed by extension of roof from side of main building.  Carports must conform to minimum setbacks in respective district.

 

CELLAR - A story having one-half or more of its average height below grade.

 

CERTIFICATE OF TITLE - A document based on a title search stating that title of interest in property is vested in an designated person and showing outstanding liens, charges, or other encumbrances.

 

CITY (MUNICIPALITY) - City of Tucumcari.

 

CITY COMMISSION - The City Commission, the Governing Body of the City of Tucumcari, New Mexico.

 

COMMISSION - The Planning and Zoning Commission of the City of Tucumcari.

 

CONDITIONAL USE - A land use specifically identified in the Zoning Ordinance as being acceptable in a given zone at a place specifically approved for this use by the Planning and Zoning Commission on an individual basis.

 

CONDOMINIUM - A system of separate ownership of individual units in a multiple-unit building.

 

CONTIGUOUS - Separate only by an alley, street or other public right-of-way.

 

DISTRICT (ZONE, ZONING DISTRICT) - Any section of the City of Tucumcari for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.

 

DRAINING EASEMENT - An easement for directing the flow of water.

 

DWELLING - Any building, or portion thereof, which is designated or used exclusively for residential purposes.

 

DWELLING, MULTIPLE-FAMILY - A single building, or portion thereof, designed for occupancy by three (3) or more families for living purposes.

 

DWELLING, TWO-FAMILY OR DUPLEX - A single building designed for occupancy by two (2) families for living purposes.

 

EASEMENT - A right acquired by public authority to use or control property for a designated highway or other public purpose.

 

ENGINEERING AND PLANNING DEPARTMENT - A municipal department of the City of Tucumcari, New Mexico.

 

FAMILY - An individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons, excluding servants, who are not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling.

 

FILLING STATION - Any building or premises used principally for the storing dispensing, sale, or offering for sale to retail or automotive fuels or oils.

 

FRONT OF LOT - The boundary of a lot bordering on a public way; on a corner lot, the narrower side bordering, or storing motor-driven vehicles.

 

GARAGE, STORAGE - A building or portion thereof designed or used exclusively for housing four (4) or more motor-driven vehicles.

 

GRADE - The average of the finished ground level at the center of all walls of a building.  In case the walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the center of the wall nearest the sidewalk.

 

GRADE, FINISHED - The top surface elevation of lawns, walks, drives or other on a street

 

GARAGE, PRIVATE - An accessory building designed or used for the storage of not more than three (3) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.  Not more than one (1) of the vehicles may be commercial motor vehicle of not more than two (2) tons capacity.

 

GARAGE, PUBLIC - A building, or portion thereof, designed or used for servicing, repairing, equipping, hiring, selling or storing  motor driven vehicles.

 

GRADE, NATURAL - The elevation of the original or undisturbed natural surface of the ground.

 

HOME BUSINESS - The conduct of actual business in or upon a residential premises which does not cause a change in the residential character of the premises or surrounding neighborhood, does not require drive-up traffic or curbside parking on a regular basis, the primary structure is not modified for commercial purposes, no separate structure other than those incidental to residential use are erected, no advertising other than one identification sign of not more than two (2) square feet, unlighted in area on the premises, and no commodities are sold at the premises other than those produced or created at the premises.

 

HOME OCCUPATION - Any occupation or activity, not involving the conduct of a business, which is clearly incidental an secondary to use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises, in connection with which there is no advertising other than one identification sign of not more than one (1) square foot in area and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or accessory building; and in connection with which no person outside the family in employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare; provided that no commodity is sold upon the premises, except that which is prepared upon the premises; provided that no person is employed other than a member of the immediate family residing on the premises; provided that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes.  A home occupation shall include use of the premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his profession.  A home occupation shall not include antique ships, beauty shops, beauty culture schools, beauty salons or parlors, barber ships, repair shops, or businesses or establishments of like character, or any occupation or activity which amounts to the conduct of a business.

 

HOTEL - A building designed for or occupied as the temporary abiding place for twenty (20) or more persons who are lodged with or without meals or compensation.

 

INSTITUTION - A building occupied by a nonprofit corporation or nonprofit establishment for public use.

 

INTERIOR COURT - An open space that is more than half surrounded by a single building.

 

JUNK YARD (SALVAGE YARD, WRECKING YARD) - A parcel of land use for the storage keeping for sale or abandonment of junk, including used metal, wood, building materials, household appliances, vehicles, machinery or parts thereof.

 

KENNEL - Any lots or premises on which four (4) or more dogs or cats or some combination thereof, at least four (4) months of age are kept, boarded, or trained whether in special structures or runways or not.

 

LOT - A parcel of land occupied or intended, designed or planned for occupancy by one main building together with its accessory building(s), and uses customarily incidental to it, including the open spaces required by this ordinance.

 

LOT, CORNER - A lot located at the intersection of, and having frontage on, two or more streets.

 

LOT, DEPTH OF - The minimum horizontal distance between the front and rear lot lines measured in the mean direction, on of the side lot line.

 

LOT, FRONTAGE - The front of the lot shall be construed to be that portion of a lot nearest the street; on a corner lot, the frontage of a lot shall be constructed to be narrower side bordering the street.

 

LOT, INTERIOR - A lot other that a corner lot.

 

LOT OF RECORD - A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Quay County, or a lot described by metes and bounds, the described of which has been recorded in the office of the County Clerk of Quay County.

 

LOT, THROUGH (LOT, DOUBLE FRONTAGE) - A lot having frontage on two parallel or approximately parallel streets.

 

LOT, WIDTH - The minimum horizontal distance between the side lot lines measured at right angles to the lot depth line at a point along the front yard setback line.

 

MANUFACTURED HOME (TRAILER, HOUSE TRAILER) - Any vehicle without motive power, designed to be drawn by a motor vehicle and to be used as a mobile home, office, shop or as a recreational, camping or travel facility.

 

MANUFACTURED HOME PARK (TRAILER PARK, TRAILER COURT) - A tract of land upon which two (2) or more manufactured homes, occupied or intended to be occupied, are located with suitable drives, utilities and other supporting elements, and devoted to the sole purpose of accommodating, regardless of whether or not a charge is made for such accommodation, manufactured homes located therein.

 

MOTEL (MOTOR COURT, MOTOR LODGE, TOURIST COURT) - A group of attached or detached buildings on the same parcel of ground containing individual sleeping or dwelling units with garage attached or parking space conveniently located to each unit, all for temporary use by automobile, tourists, travelers or other transients.

 

NON-CONFORMING BUILDING - A building or portion thereof lawfully existing at the time this ordinance became effective and which was designed, erected or structurally altered for a use which does not conform to the district in which it is located, or which does not comply with all the height and area regulations of the district in which is located.

 

NON-CONFORMING USE - Any building, structure, land or use thereof which does not conform to the zoning regulations set forth in this ordinance and which lawfully existed on the effective date of those regulations with which it does not conform.

 

OFF-STREET LOADING SPACE - The space within a building, public parking area or some other area for the intermittent storage or parking of one (1) automobile consisting of a minimum area nine (9) feet wide by twenty (20) feet long, exclusive of street.

 

PARKING LOT - An open area providing four (4) off street parking spaces.

 

PERMISSIVE USE - A use designated as permissible within the particular zone as indicated by this ordinance.

 

PLANNED UNIT DEVELOPMENT (PUD) - A unified development of one (1) or more tracts of contiguous land in a single ownership or unified control and which includes two (2) or more principal building or uses, and where the specific requirements of a given district may be modified if the application is processed under the PUD procedure of this ordinance.

 

PROFESSIONAL AND SEMIPROFESSIONAL OFFICES - For the purpose of the Ordinance are defined and shall be construed to mean and include the following except as herein otherwise excluded:  Office of doctors, nurses, dentists, optometrists, oculists, artist, laboratory technicians but not their laboratories, musicians, dancing or dramatic studios, public typists or stenographers, geologists, geophysicists, lawyers, authors, engineers architects, consulting services such as surveyors, appraisers, tax experts, auditors and accountants; clergymen, and/or telephone answering services; together with other such offices as the City Commission shall hereinafter approve; but not including the following; repair shops and any kind such as radio and television, appliances, vehicles, machinery or equipment, antique shops, beauty culture schools, beauty salons or parlors, reproduction, barber shops, photographers, fortune tellers, clairvoyants, palmists, phrenologists, tattoo artists, prescriptions pharmacists, drilling, electrical, plumbing, or building contractors and, any and all shops for the sale of goods, wares and merchandise.

PUBLIC OFFICER - Any officer who is in charge of any department or branch of the government or the municipality relating to health, fire, building regulations or other activities concerning dwellings, buildings and structures in the municipality.

 

PUBLIC UTILITY - Any business, the purpose of which is to furnish to the general public:

            a.            Telephone Service

            b.              Telegraph Service

            c.              Television Service

            d.              Electricity

            e.              Natural Gas

            f.              Water

            g.              Transportation of persons and property

            h.              Community closed circuit telecast

i.          Any other business so affecting the public interest as to be subject to the supervision or regulations by any agency of the State.

 

REST HOMES - A building where lodging and meals, and nursing, dietary or other personal services are rendered to one (1) or more convalescents, invalids or aged persons for compensation, but excluding cases of contagious or communicable diseases, surgery or primary treatment customarily provided in sanitariums or hospitals.

 

RETAIL - Pertaining to a commercial establishment offering to sell goods, wares or merchandise directly and entirely to individual consumers.

 

SETBACK - The minimum distance between a structure and the present or future street line or property lines.

 

SEWAGE SYSTEM, COMMUNITY - A liquid waste treatment serving two (2) or more parcels for the collection and treatment of liquid waste.

 

SEWAGE SYSTEM, INDIVIDUAL - A disposal system which receives waste from one (1) parcel, and includes, but is not limited to, septic tank systems, aerobic disposal systems and evapotranspiration system.

 

SHOPPING CENTER - A commercial complex of structures consisting of two (2) or more retail enterprises planned for development as a unit to accommodate local shopping needs and providing off-street parking and access points.

 

SIGN - Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

 

STORY - That portion of a building, other than a basement or cellar, included between the surface for any floor and the surface of the floor next above it, then the space between the floor and the ceiling next above it.

 

STORY-HALF - A space under a sloping roof which has the line of intersection of roof decking and wall not more than three (3) feet above the, top floor area is finished off for use.  A half story containing independent apartment or living quarters shall be counted as a full story.

 

STREET - A right-of-way dedicated to the public use, which provides principal vehicular and pedestrian access to adjacent properties.

 

STREET LINE - A dividing line between a lot, tract or parcel of land a continuous street.

 

STREET NETWORK -

 

a.                 Expressway - A street which provides for fast and efficient movement of large volumes of traffic between are-area and across the city, and does not provide a land service function.

 

b.                 Arterial - A street which provides for through traffic movement between and around areas and across the city, with direct access to abutting property; subject to necessary control of entrances, exits and curb uses.

 

c.                 Collector - A street which provides for traffic movement between arterials and local streets with direct access to abutting property.

 

d.         Local - A street which provides for direct access to abutting land, and for local traffic movement whether in business, industrial or residential areas.

 

STRUCTURE - Anything constructed or erected which requires location on the ground or attached to something having a location on the ground including advertising signs, billboards, carports, but not including a trailer or mobile home, whether or not set upon a permanent foundation or enclosed or attached to a permanent structure.

 

USE - The purpose for which land or buildings are arranged, designed or intended or for which either is or may be occupied or maintained.

 

YARD - An open space at grade between and the adjoining lot line, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width or a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the street line or another lot line and the main building or any projection thereof, other than steps, un-enclosed balconies and un-enclosed porches.

 

YARD, FRONT - A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line or another lot line and the main building or any projection thereof, other than steps, un-enclosed balconies and un-enclosed porches.

 

YARD, REAR - A yard extending across the rear of lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, un-enclosed porches.  On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension.  On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

 

YARD, SIDE - A yard between the building and side line of the lot and extending from the front yard line to the rear yard line.

 

ZONING ADMINISTRATOR - The office of the City of Tucumcari, New Mexico designated to enforce this ordinance.

 

ZONING CERTIFICATE - The certificate issued by the Zoning Administrator in accordance with the provisions of this ordinance.

 

 

ARTICLE III

ZONING DISTRICTS

 

SECTION 6.              DISTRICTS AND DISTRICT MAP

 

A.  District Classification

 

The City of Tucumcari, New Mexico, is hereby divided into seven (7) classes of Zoning Districts, hereafter referred to as Districts, as follows and further explained in subsequent sections of this Ordinance:

 

            R-1       Single Family (Low Density) Residential District

 

            R-2      Single Family (Medium Density) Residential District

 

            R-3            Multiple Family and Mobile Home Residential District

 

            C-1            General Commercial District

 

            C-2            Central Business District

 

            I-1            Industrial District

 

            SU-1            Special Use Zone

 

B.  District Map

 

The boundaries of the Districts are shown upon the map which is made a part of this Ordinance, and is designated as the "Official Zoning District Map", hereinafter referred to as the District Map.  The District Map and all the notations references, and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the City Clerk of the City of Tucumcari, New Mexico.

 

C.  Vacation

 

Whenever any street, alley or other public way is vacated by official action of the City Commission, the Districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended Districts.

 

D.  Annexed Areas

 

All territory which may hereafter be annexed to the City of Tucumcari, New Mexico shall be subject to all the regulations of the R-1 Single Family Residential District until otherwise changed by an amendment to this Ordinance.

 

E.     General Requirements

 

Except as hereinafter provided:

 

1.         No person shall use any premises for use other than those permitted in the District in which such premises are located.

 

2.         No building shall be erected unless it shall conform to the regulations for the District in which the premises are located.

 

3.         No building shall be enlarged, structurally altered, or removed unless such enlarg