Certified
By The State Of
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ORDINANCE 1052 AN
ORDINANCE REPEALING ORDINANCE 862 ADOPTED APRIL 8, 1993 (TUCUMCARI MUNICIPAL
CODE CHAPTER 15.20 - SIGN CODE); REPEALING ORDINANCE 623 ADOPTED JUNE 13,
1974 AND SECTION 20 OF ORDINANCE 943 ADOPTED NOVEMBER 1, 1999 (TUCUMCARI
MUNICIPAL CODE CHAPTER 16 -SUBDIVISIONS); REPEALING ORDINANCE 917 ADOPTED MAY
22, 1997 (TUCUMCARI MUNICIPAL CODE CHAPTER 17 - ZONING); AND REPEALING
ORDINANCE 622 ADOPTED MAY 9, 1974 (MOBILE HOME CODE). TUCUMCARI MUNICIPAL CODE CHAPTERS 16 AND 17
ARE REPLACED IN THEIR ENTIRETY BY CHAPTER 17 ADOPTED BY ORDINANCE 1052
ENTITLED THE UNIFIED DEVELOPMENT CODE OF THE CITY OF Chapter 17 Unified
Development Code 17.01 General Provisions 17.01.010 Title 17.01.020 Authority 17.01.030 Replacement of Previous
Ordinances 17.01.040 Purpose 17.01.050 Prohibition 17.01.060 Construction and Headings 17.01.060.01 Construction 17.01.060.02 Headings and Subheadings 17.01.070 Administration 17.01.070.01 Community Development Director 17.01.070.02 Planning and Zoning Commission 17.01.080 Fees 17.01.090 Review Process 17.01.090.01 Administrative Review 17.01.090.02 Planning Commission Review 17.01.090.03 Governing Body Review 17.01.090.04 Multiple Applications 17.01.100 Appeals 17.01.100.01 Appeals 17.01.110 Amendments 17.01.110.01 Amendments 17.01.120 Public Notice 17.01.120.01 Manner of Notice 17.01.130 Public Records 17.01.130.01 Maintenance of Records 17.01.130.02 Status of Submitted Materials 17.01.130.03 Request for Records 17.01.140 Violations
and Penalties 17.01.140.01
Violations 17.01.140.02
Remedies and Penalties 17.01.150 Nuisances 17.01.150.01
Purpose 17.01.150.02
Declaration of Nuisance by Resolution 17.01.160 Severability 17.02 Zoning 17.02.010 Zoning General Provisions 17.02.010.01 Title 17.02.010.02 Purpose 17.02.010.03 Applicability 17.02.020 Establishment of Zoning
Districts 17.02.020.01 Zone Districts 17.02.020.02 Zone District Map 17.02.020.03 Zone District Boundaries 17.02.020.04 Annexed Areas 17.02.030 Zone Districts and Regulations 17.02.030.01 R-1 Low Density Residential 17.02.030.02 R-2 Medium Density Residential 17.02.030.03 R-3 Multiple-Family Residential 17.02.030.04 C-1 General Commercial 17.02.030.05 C-2 Central Commercial 17.02.030.06 I-1 Industrial 17.02.030.07 I-2 Heavy Industrial 17.02.030.08 A-1 Agricultural 17.02.030.09 SU-1 Special Use District 17.02.030.10 Route 66 Overlay Zone 17.02.040 Design Standards 17.02.040.01 Single-Family Dwellings 17.02.040.02 17.02.040.03 17.02.040.04 Drive-Through Facilities 17.02.040.05 Wireless Communication Facilities 17.02.040.06 Walls and Fences 17.02.050 Off-Street Parking and Loading
Standards 17.02.050.01 Off-street Parking Standards 17.02.050.02 Loading Standards 17.02.060 Non-Conforming Uses and
Structures 17.02.060.01 Non-Conforming Structures 17.02.060.02 Non-Conforming Uses 17.02.070 Home Occupations 17.02.070.01 Standards for Home Occupations 17.03 Signs 17.03.010 Signs General Provisions 17.03.010.01 Title 17.03.010.02 Applicability 17.03.020 Sign Requirements 17.03.020.01 Compliance 17.03.020.02 Owner Identification 17.03.020.03 Setback 17.03.020.04 Area Computations 17.03.030 Prohibited Signs 17.03.040 Permitted Signs 17.03.040.01 Signs Permitted Without a Sign
Permit 17.03.040.02 Signs Permitted With a Sign Permit 17.03.040.03 Signs Permitted With a Conditional
Use Permit 17.03.040.04 Existing Non-Conforming Signs 17.03.050 Sign Variances 17.03.050.01 Minor Sign Variance 17.03.050.02 Major Sign Variance 17.04 Subdivisions 17.04.010
Subdivision General Provisions 17.04.010.01 Title 17.04.010.02 Authority 17.04.010.03 Jurisdiction 17.04.010.04 Purpose 17.04.010.05 Interpretation 17.04.020
Platting Procedure 17.04.020.01 Procedure Guidance 17.04.020.02 Sketch
Plat 17.04.020.03 Preliminary
Plat 17.04.020.04 Final plat 17.04.020.05 Summary
procedure 17.04.020.06 Required
improvements 17.04.020.07 Character of
development 17.04.020.08 Vacation
of plat 17.04.030 Design
Standards 17.04.030.01 Compliance 17.04.030.02 Streets 17.04.030.03 Drainage 17.04.030.04 Easements 17.04.030.05 Blocks 17.04.030.06 Lots 17.04.030.07 Public
sites; open spaces 17.04.040 Administration 17.05 Definitions 17.01 GENERAL PROVISIONS 17.01.010 Title. This Ordinance shall be known, and may be
cited and referred to, as the City of 17.01.020 Authority. This Ordinance is adopted pursuant to Chapter
3 and 5 of NMSA 1978. 17.01.030 Replacement
of Previous Ordinances.
The provisions of this ordinance shall take precedence over previously
adopted ordinance pertaining to the same subject matter. Except as
specifically provided within this ordinances, there shall be no
grandfathering for new uses or carry over of previously adopted standards. 17.01.040 Purpose. The purpose of this Ordinance is to
provide for orderly development within the City of 17.01.050 Prohibition. A person shall not use or subdivide any
land within the City of Tucumcari in a manner contrary to this Ordinance,
except as may be specifically permitted herein, and shall be subject to all
regulations and conditions enumerated in this Ordinance. 17.01.060 Construction
and Headings. 17.01.060.01 CONSTRUCTION. 17.01.060.01.01 Definitions Generally. When used in this title, the words
“shall,” “will” and “is to” are always
mandatory and not discretionary. The words “should” or
“may” are permissive. The present tense includes the past and
future tenses, and the future tense includes the past. The singular number
includes the plural, and the plural, the singular. 17.01.060.01.02 Time of Day. Whenever a certain hour or time of day is
specified in these regulations or any permit, condition of approval or notice
issued or given as set forth in this title, such hour shall be standard time
or daylight savings time, whichever is in current use in the City. 17.01.060.01.03 Number of Days. Whenever a number of days is specified in these
regulations or any permit, conditions of approval or notice issued or given
as set forth in these regulations, such number of days shall be deemed to be
consecutive calendar days, unless the number of days is specifically
identified as business days. 17.01.060.01.04 Rounding of Quantities. Whenever these regulations require
consideration of distances, parking spaces of other aspects of development or
the physical environment expressed in numerical quantities which are
fractions of whole numbers, such numbers are to be rounded to the nearest
highest whole number, when the fraction is 0.5 or more, and to the next
lowest whole number when the fraction is less than 0.5, except as otherwise
noted in this title. 17.01.060.02 HEADINGS AND SUBHEADINGS. All
heading and subheadings contained in these regulations shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning or intent of
the provisions of any title, chapter, section or subsection of these
regulations. 17.01.070 Administration. 17.01.070.01 COMMUNITY DEVELOPMENT DIRECTOR.
The Community Development Director (Director), or his designee, is a
City employee from the Community Development Department. The Director has the
duty of enforcing this Ordinance and the following additional duties: 17.01.070.01.01 Review and act on certain applications as provided for in
this Ordinance. 17.01.070.01.02 Monitor structures and land uses for compliance with this
Ordinance. 17.01.070.01.03 Maintain records of this Ordinance and any amendments, and
all applications filed and their final disposition, in accordance with
applicable laws and regulations. 17.01.070.01.04 Attend all meetings of the Planning Commission. Attend all
meetings of the Governing Body, as required by that body. 17.01.070.01.05 Provide information to the public as requested about the
Unified Development Code and the official Zoning Map. 17.01.070.01.06 Investigate and prepare reports for the Planning Commission
and Governing Body concerning certain applications and appeals as provided
for in this Ordinance. 17.01.070.01.07 Act to remedy violations of this Ordinance as may be
permitted by law. 17.01.070.02 PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission (Planning Commission) is hereby
established. Said Planning Commission shall consist of a maximum of seven (7)
members to be appointed by the Governing Body. The term of office of the
Planning Commission members shall be two (2) years. Planning Commission
members may be removed for just cause from office by the Governing Body for
the remaining term of any member thereof. Any Planning Commissioner removed
by the Governing Body may request that the Governing Body provide such reason
in writing. 17.01.070.02.01 General Procedures. The Planning Commission shall adopt rules
necessary to the conduct of its affairs, and in keeping with the provisions
of this Ordinance. Meetings shall be held at least once monthly on a
regularly scheduled basis and at other such times as the Planning Commission
may determine. Meetings shall be duly advertised as required and open to the
public. The Planning Commission shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if a member be absent
or fail to vote, such fact shall be indicated. The Planning Commission shall keep
a record of all its official actions. The record shall be kept in the Planning
Department as a public record. 17.01.070.02.02 Officers. The Planning Commission shall elect a Chairman,
Vice-Chairman, and Second Vice-Chairman by majority vote for one (1) year
terms. Four (4) members shall constitute a quorum for a meeting. If a quorum
is not achieved, the meetings shall be rescheduled for a later date. All
matters upon which the Planning Commission decisions are necessary shall be
decided by a majority vote of those present at a meeting with the necessary
quorum declared, except as may otherwise be provided for in this Ordinance.
Any Planning Commission member who has a personal financial or familial interest
or a conflict of interest in any case shall disqualify himself from sitting
on the Planning Commission in such situation. 17.01.070.02.03 Powers and duties. The Planning Commission’s powers and
duties include review, action and/or recommendation on certain application
and appeals that may come before it for review. 17.01.080 Fees. The City shall collect fees for processing
applications received under this Title. Fees shall be adopted by resolution
by the Governing Body and reviewed and updated as the need occurs. All fees
shall be determined and adopted in accordance with applicable state and local
laws. 17.01.090 Review
Process. 17.01.090.01 ADMINISTRATIVE REVIEW.
The following describes the applications and process for
administrative review for certain applications. The Community Development
Director shall approve, conditionally approve, or deny all applications
eligible for administrative review. The Director may apply conditions as are
found necessary to protect the public health, safety, and general welfare,
and assure compliance with provisions and standards included in these
regulations. At his discretion, the Community Development Director may also
refer, with a recommendation, any application eligible for administrative
review to the next available Planning Commission meeting for approval,
conditional approval, or denial. 17.01.090.01.01 Sign Permit and Minor Sign Variance. All permitted signs requiring an
application shall obtain a sign permit prior to installation of any
sign. All sign permits are eligible
for administrative review. 17.01.090.01.01.01 The following materials are required for
submittal of a complete Sign Permit application. The number of copies shall
be determined by the Director. (a) A completed City application form. (b) Written authorization from the
property owner, if the applicant is not the owner. (c) Fees in accordance with the adopted
fee resolution. (d) A scaled site plan that shows the
location of all existing and proposed signs on the subject property. The site
plan shall include adequate detail to determine the relationship of the
proposed signs to other structures and signs located on the property. (e) A scaled drawing of all proposed
signs. (f) Other information as required by
the Director to process the application. 17.01.090.01.01.02 An application for a sign permit that does
not contain all of the materials required shall not be accepted for
processing. 17.01.090.01.01.03 The Director shall review all sign permits for
consistency with the Unified Development Code within ten (10) days of
acceptance of an application and shall make a decision to approve,
conditionally approve, or deny the sign permit. The decision of the Director
shall only consider the consistency of the proposed application with the
Unified Development Code and shall not consider sign content or other
unrelated matters in his decision. 17.01.090.01.01.04 No public notification for sign permits is
required. 17.01.090.01.01.05 The decision of the Director may be appealed
to the Planning Commission in accordance with this Chapter. 17.01.090.01.01.06 Expiration of Sign Permits and Minor Sign
Variances. Approval of a sign permit or minor sign variance shall expire and
become null and void three (3) years after the approval date, unless the
project has been vested or a time extension has been requested and granted
following the same procedure as a new application. 17.01.090.01.02 Plot Plan Review. A plot plan review shall be required for
all new single-family dwellings, all additions to single-family dwellings,
including mobile homes, multi-family dwellings containing not more than two
units, all accessory structures under 400 square feet, walls and fences six
(6) feet or less in height, all new commercial and industrial buildings and
additions with less than 5,000 square feet of floor area, that do not require
a conditional use permit. 17.01.090.01.02.01 The following materials are required for
submittal of a complete Plot Plan Review application. The number of copies
shall be determined by the Director. (a) A completed City application form. (b) Written authorization from the
property owner, if the applicant is not the owner. (c) Fees in accordance with the adopted
fee resolution. (d) A scaled site plan that shows the
location of all existing and proposed structures, parking areas, streets,
utilities and similar features on the subject property. (e) Scaled elevation drawings of all
sides of proposed structures. Elevations shall also indicate proposed colors
and materials. (f) Elevation Certificate issued by
FEMA. (g) Other information as required by
the Director to process the application. 17.01.090.01.02.02 An application for a plot plan review that
does not contain all of the materials required shall not be accepted for
processing. 17.01.090.01.02.03 The Director shall review all Plot Plan Reviews
for consistency with the Unified Development Code within ten (10) days of
acceptance of an application and shall make a decision to approve, conditionally
approve, or deny the Plot Plan Review. The Director shall only consider the
consistency of the proposed application with the Unified Development Code as
supported by the evidence and shall not consider other unrelated matters in
his decision. 17.01.090.01.02.04 The following findings shall be made for
approval of a Plot Plan Review: (a) The Plot Plan Review application is
consistent with the Comprehensive Plan, Zoning Ordinance, and all other
applicable plans and regulations. (b) The proposed building, structure,
signage, site development, and landscaping is compatible in its design,
appearance, and size with the requirements of the Unified Development Code. 17.01.090.01.02.05 No public notification for Plot Plan Reviews
is required. 17.01.090.01.02.06 The decision of the Director may be appealed
to the Planning Commission in accordance with this Chapter. 17.01.090.01.02.07 Expiration of Plot Plan Review. Approval of a
Plot Plan Review shall expire and become null and void three (3) years after
the approval date, unless the project has been vested or a time extension has
been requested and granted following the same procedure as a new application. 17.01.090.01.03 Site Plan Review. A Site Plan Review shall be required for
all permitted uses that cannot be reviewed as a Plot Plan Review under this
Chapter and that do not require a conditional use permit. 17.01.090.01.03.01 The following materials are required for
submittal of a complete Site Plan Review application. The number of copies shall be determined by
the Director. (a) A completed City application form. (b) Written authorization from the
property owner, if the applicant is not the owner. (c) Fees in accordance with the adopted
fee resolution. (d) A scaled site plan that shows the
location of all existing and proposed structures, parking areas, streets,
utilities and similar features on the subject property and within 50 feet of
the property. (e) Scaled elevation drawings of all
sides of proposed structures. Elevations shall also indicate proposed colors
and materials. (f) Preliminary grading plans. (g) Landscape plans, if applicable. (h) Other information as required by
the Director to process the application, such as, but not limited to, soils
reports, traffic impact studies, photometric analysis, water availability
reports, and preliminary title reports. 17.01.090.01.03.02 An application for a Site Plan Review that
does not contain all of the materials required shall not be accepted for
processing. 17.01.090.01.03.03 The Director shall send the completed
application to appropriate state and local agencies, and City Departments for
review and comment. The Director shall give the agencies twenty-one (21) days
to review and comment on the application. After the review period, the Director
may require additional information based on the comments received and a review
of the application. 17.01.090.01.03.04 The Director shall review all Site Plan Reviews
for consistency with the Unified Development Code within thirty-two (32) days
of acceptance of an application or any additional materials that were
required as a result of agency review, and shall make a decision to approve,
conditionally approve, or deny the site plan review. In making a decision on
the project the Director may consider agency and public comments, in addition
to consistency of the proposed application with the Unified Development Code
as supported by the evidence. 17.01.090.01.03.05 The following findings shall be made for
approval of a site plan review: (a) The site plan review application is
consistent with the Comprehensive Plan, Zoning Ordinance, and all other
applicable plans and regulations. (b) The proposed building, structure,
signage, site development, and landscaping is compatible in its design,
appearance, and size with existing uses and development in the adjacent
areas. 17.01.090.01.03.06 All property owners within one hundred (100)
feet of the property shall be mailed notification of the application a
minimum of twenty (20) days prior to action by the Director. 17.01.090.01.03.07 The decision of the Director may be appealed
to the Planning Commission in accordance with this Chapter. 17.01.090.01.03.08 Expiration of Site Plan Review. Approval of a
Site Plan Review shall expire and become null and void three (3) years after
the approval date, unless the project has been vested or a time extension has
been requested and granted following the same procedure as a new application. 17.01.090.01.04 Sketch Plat. A sketch plat is required for all subdivisions
prior to submittal of a preliminary plat. The purpose of a sketch plat is to
provide guidance to the developer prior to preparation and submittal of a
preliminary plat. 17.01.090.01.04.01 Data. The following minimum data is required
for pre-application reviews: (a) Location map. A location map shall show the
relationship of the proposed plat to existing community facilities which
serve it; all abutting streets, land uses, public facilities such as schools
and parks, and a north arrow. (b) Sketch plan. A simple sketch plat on a current
topographic survey shall show the proposed layout of streets, lots and other
features in relation to existing conditions. The sketch plat should
show adequate details to provide the Planning Director with an understanding
of the proposal. (c) Written information. General plat information shall list
the name and address of the subdivider and his agent, if any, total area of
the proposed plat, the existing conditions of the site, and the proposed
development, and other information as necessary to supplement the sketch plat.
This information shall include data on existing covenants and land
characteristics including surface drainage, grading, landfill areas, and
available private and municipal utilities. This information shall also describe
the subdivision proposal, such as the number and typical lot width and depth
of residential lots, business areas, public areas and proposed utilities. 17.01.090.01.04.02 Review.
The Planning Director, within thirty (30) days of sketch plan submittal,
shall inform the subdivider whether the sketch plat and data meet the intent
of these regulations. If the sketch plat and data do not meet the
intent, the Planning Director shall express the reasons and advise the
subdivider on the short-comings of the sketch plat. 17.01.090.02 PLANNING COMMISSION REVIEW. The following describes the applications and
process for Planning Commission review of certain applications. The Planning
Commission shall approve, conditionally approve, or deny all applications when
they are the decision making body, and shall make recommendations of
approval, conditional approval, or denial of applications for which the
Planning Commission makes recommendations to the Governing Body. The Planning Commission may apply
conditions as it finds necessary to protect the public health, safety, and
general welfare, and assure compliance with provisions and standards included
in these regulations. The Planning Commission is the decision making body for
administrative reviews that have been referred to the Planning Commission
from the Director. 17.01.090.02.01 Conditional Use Permit.
A Conditional Use Permit shall be required for all uses that require a
Conditional Use Permit as noted in these regulations. The Planning Commission
is the decision making authority for Conditional Use Permits. 17.01.090.02.01.01 The following materials are required for
submittal of a complete Conditional Use Permit application. The number of copies shall be determined by
the Director. (a) A completed City application form. (b) Written authorization from the
property owner, if the applicant is not the owner. (c) Fees in accordance with the adopted
fee resolution. (d) A scaled site plan that shows the
location of all existing and proposed structures, parking areas, streets,
utilities and similar features on the subject property and within 50 feet of
the property. (e) Scaled elevation drawings of all
sides of proposed structures. Elevations shall also indicate proposed colors
and materials. (f) Preliminary grading plans. (g) Landscape plans, if applicable. (h) Other information as required by
the Director to process the application, such as, but not limited to, soils
reports, traffic impact studies, photometric analysis, water availability
reports, and preliminary title reports. 17.01.090.02.01.02 An application for a Conditional Use Permit
that does not contain all of the materials required shall not be accepted for
processing. 17.01.090.02.01.03 The Director shall send the completed
application to appropriate state and local agencies, and City Departments for
review and comment. The Director shall give the agencies twenty-one (21) days
to review and comment on the application. After the review period, the
Director may require additional information based on the comments received
and review of the application. 17.01.090.02.01.04 The Director shall advertise the project for
a public hearing in accordance with these regulations after the twenty-one
day review period or after any additional required information is provided,
whichever is later. 17.01.090.02.01.05 The Director shall notify all property owners
within one hundred (100) feet of the property by certified mail of the
application a minimum of twenty (20) days prior to the hearing. 17.01.090.02.01.06 The Planning Commission at a public hearing
shall review the application for consistency with the Comprehensive Plan,
Zoning Ordinance, consistency with the findings in Section 1.902.01.07,
below, and other applicable plans and ordinances. The Planning Commission
shall consider the staff report, public testimony, and neighborhood
compatibility and appropriateness of the conditional use permit in making their decision as supported by
the evidence. 17.01.090.02.01.07 The
following findings shall be made for approval of a conditional use permit: (a) The conditional use permit
application is consistent with the Comprehensive Plan, Zoning Ordinance, and
all other applicable plans and regulations. (b) The proposed building, structure,
signage, site development, and landscaping is compatible in its design,
appearance, and size with existing uses and development in the adjacent
areas. (c)
The proposed use will not be
injurious to adjacent property, the neighborhood, or the community at large,
nor shall the proposed use be injured by another, existing structure or use. 17.01.090.02.05.07 The decision of the Planning Commission may
be appealed to the Governing Body in accordance with this Chapter. 17.01.090.02.05.08 Expiration of Conditional Use Permits. Approval
of a Conditional Use Permit shall expire and become null and void one (1)
year after the approval date, unless the project has been vested or a time
extension has been requested and granted following the same procedure as a
new application. 17.01.090.02.02 Variance. A variance
from these regulations may be requested for any dimensional requirement. A
variance to allow a use is not permitted. The Planning Commission is the
decision making authority for variances. 17.01.090.02.02.01 The following materials are required for
submittal of a complete Variance application.
The number of copies shall be determined by the Director. (a) A completed City application form. (b) Written authorization from the
property owner, if the applicant is not the owner. (c) Fees in accordance with the adopted
fee resolution. (d) A scaled site plan that shows the
location of all existing and proposed structures, parking areas, streets,
utilities and similar features on the subject property and within 50 feet of
the property. (e) Scaled elevation drawings of all
sides of proposed structures. Elevations shall also indicate proposed colors
and materials. (f) Preliminary grading plans. (g) A written justification addressing
the findings noted in Section 1.902.02.07, below, as to why the variance
application should be granted. (h) Landscape plans, if applicable. (i) Other information as required by
the Director to process the application, such as, but not limited to, soils
reports, traffic impact studies, photometric analysis, water availability
reports, and preliminary title reports. 17.01.090.02.02.02 An application for a variance that does not
contain all of the materials required shall not be accepted for processing. 17.01.090.02.02.03 The Director shall send the completed
application to appropriate state and local agencies, and City Departments for
review and comment. The Director shall give the agencies twenty-one (21) days
to review and comment on the application. After the review period, the
Director may require additional information based on the comments received
and review of the application. 17.01.090.02.02.04 The Director shall advertise the project for
a public hearing in accordance with these regulations after the twenty-one
day review period or after any additional required information is provided,
whichever is later. 17.01.090.02.02.05 Th |