§ 13. C-N Neighborhood Commercial Zone.

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the C-N Neighborhood Commercial Zone. The purpose of this zone is to provide for retail business and services serving primarily the residents of the neighborhood and to minimize any adverse effects on nearby residential development.

B.

Use Regulations. A building or premises shall be used only for the following purposes:

1.

Prohibited Uses:

a.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any permissive use as allowed and as regulated in the R-1 Single-Family Residential Zone and the following:

(1)

Art, antique or gift shop.

(2)

Bakery goods shop or confectionery store wherein a majority of the products are sold on the premises and at retail.

(3)

Bank.

(4)

Beauty and barber shop.

(5)

Book or stationery store.

(6)

Church, including the usual incidental facilities, mission (rescue), or revival meeting place.

(7)

Medical Clinic.

(8)

Drugstore.

(9)

Feed Store (retail) provided all outside storage is enclosed by a solid wall or fence six feet high on all sides.

(10)

Hardware Store.

(11)

Grocery, fruit, vegetable or delicatessen store, meat market.

(12)

Laundry, washateria,

laundromat.

(13)

Newsstand.

(14)

Nursery or greenhouse provided all outside storage other than plant material is enclosed by a six-foot solid wall or fence on all sides.

(15)

Office.

(16)

Restaurant.

(17)

Service Station, including the sale of liquefied petroleum gas for consumption but not for resale, provided it complies with the following requirements:

(a)

Limited to two pump islands containing not more than three pumps each.

(b)

Any tube or tire repairing, minor auto repair or battery charging shall be conducted within a completely enclosed building.

(c)

If any lubricating, storage or washing is done outside a building, a solid wall or fence six feet high shall be maintained between such activity and any abutting property.

(18)

Sign provided:

(a)

Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:

1.

One freestanding, two-sided sign no higher than 16 feet.

2.

The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.

(b)

Number of Signs. Not more than one sign is permitted for any one business with street frontage of 50 feet or less. Not more than two signs are permitted for any one business with more than 50 feet of street frontage. A composite group of small signs integrated into one framed unit shall constitute one sign.

(c)

Size of Signs:

1.

The total area of any one sign face shall not exceed 32 square feet.

2.

The total aggregate of all faces of signs or combination of signs allowed for the property on which the use is located shall not exceed 130 square feet of sign area.

3.

Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for their main street frontage.

(d)

Exceptions:

1.

Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to Subsection (18)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.

2.

On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and square footage limitations in Subsection (18)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business location.

(e)

Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.

(f)

Blinking and Revolving Signs. No flashing, oscillating, osculating, revolving or blinking signs shall be allowed.

(g)

Audible Devices. The sign shall have no audible devices.

(h)

Amortization. See Nonconforming uses, Section 23.A.(1)c.

(i)

Determination of Sign Size. The sign area shall be measured as follows:

1.

Square or Rectangular Sign. Length times the height of the face of the sign.

2.

Irregularly-shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.

3.

Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.

(19)

Stand for the sale of fruit, vegetables, or nursery stock.

(20)

Firewood sales yard, provided it complies with the following:

(a)

No wood may be stored closer than ten feet to any property line or within ten feet of any structure.

(21)

Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.

(22)

Community Garden.

3.

Conditional Uses:

a.

The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in Section 24 of this Ordinance.

(1)

Amateur radio antenna/tower 65 to 100 feet as measured from grade.

(2)

Cleaning (clothes) agency or clothes pressing establishment provided that:

(a)

All activities are conducted within an enclosed building.

(b)

Not more than three persons are engaged, exclusive of pressers and office, clerical or delivery personnel.

(c)

The establishment is operated principally as a retail business, and

(d)

That portion of the building in which any cleaning process is done shall be at least 50 feet from any A-1, R-1, A-2, M-H or R-2 zone.

(3)

Clothing or shoe store, dry goods store, tailor, custom dressmaking or millinery shop.

(4)

Drive-in/Drive-thru establishment such as a bank, drugstore, restaurant, food store, refreshment stand provided that a solid wall or fence at least six feet high is erected along the side of all areas abutting or contiguous to any A-1, A-2, R-1, R-2, or M-H zone or any conforming residential use and further provided that there is adequate on-site space for vehicle queuing and the vehicle movement plan is approved by the County.

(5)

Florist.

(6)

Garage for automotive repair provided it complies with the following:

(a)

Any automotive repair shall be conducted within a completely enclosed building located at least 20 feet from any A-1, R-1, R-2, M-H, or A-2 property.

(b)

Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

(7)

Commercial animal establishment and nonprofit animal facility.

(8)

Hospital for animals, kennels, provided there is no outside kennel or pen. Outside exercise runs may be provided and must comply with the following:

(a)

A run must be enclosed with a solid wall or fence at least six feet high.

(b)

Only one animal permitted in the run at any one time.

(c)

No small animals permitted to remain in the run overnight.

(9)

Interior decorating shop.

(10)

Jewelry store.

(11)

Notions store.

(12)

Paint store.

(13)

Pet shop, bird store, taxidermist.

(14)

Photography studio.

(15)

Shoe repair shop, shoeshine stand.

(16)

One mobile home for a watchman or caretaker on the same lot or parcel of land with a commercial building or use, provided such mobile home is not used as a commercial unit.

(17)

Studio for instruction in music or dance.

(18)

Mixed use development with residential and nonresidential uses combined in the same building or buildings. The nonresidential uses are limited to those allowed as permissive or conditional in the C-1 zone, plus incidental activities such as the creation of arts and craft items for resale or similar activities.

C.

Height Regulations. The same regulations apply as in the R-2 zone, except as provided in Section 22 of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

2.

Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, M-H, R-1, or R-2 zone, in which case there shall be a side yard of not less than six feet.

3.

Rear Yard. Except as hereinafter provided in Section 22, there shall be a rear yard having a depth of not less than 15 feet.

4.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 21 of this ordinance.

5.

Floor Area. The gross building floor area occupied by any one business shall not exceed 4,000 square feet.

(Ord. No. 227, 8-7-73; Ord. No. 3-77, 2-25-77; Ord. No. 84-11, 2-21-84; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-11, 6-10-14)