§ 14. C-1 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-1 Neighborhood Commercial Zone. The purpose of this zone is to provide suitable sites for office, service, institutional, and limited commercial uses to satisfy the day-to-day needs of nearby residential areas and to minimize any adverse effect on nearby residential development.
B.
Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.
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 allowed and as regulated in the O-1 Office and Institutional Zone and the following:
(1)
Automobile, motorcycle, bicycle, motorized bicycle (moped), all terrain vehicle, and small engine repairing, including emissions testing, but no bodywork. Repairing shall be done within a completely enclosed building at least 20 feet from any residential zone. 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.
(2)
Banking and loaning money.
(3)
Car wash.
(4)
Commercial animal establishments and nonprofit animal facility.
(5)
Delivery service.
(6)
Drive-thru facilities such as banks, drugstores, dry cleaners, restaurants and similar uses provided there is adequate on-site space for vehicle queuing and the vehicle movement plan is approved by the county.
(7)
Drugstore.
(8)
Dry cleaning, laundry, clothes pressing, provided:
(a)
Only nonflammable or noncombustible materials are used in the cleaning process.
(b)
The number of persons employed in the establishment is limited to three, excluding pressers, office, clerical, or delivery personnel.
(c)
That portion of the structure in which any cleaning process is done is at least 50 feet from A-1, A-2, R-1, R-2, or M-H zone.
(9)
Health gymnasiums.
(10)
Interior decorating.
(11)
Laundromat.
(12)
Medical clinic.
(13)
Retail sales of the following goods, plus incidental retailing of related goods and incidental service or repair, provided it is not listed as a conditional use in this zone, and with the following limitations:
(a)
Arts and crafts objects retail sales, supplies plus their incidental creation, provided there is little or no reproduction of substantially identical objects.
(b)
Auto parts and supply retail sales.
(c)
Bakery goods shop or confectionery store wherein a majority of the products are sold on the premises and at retail costs.
(d)
Bicycle and motorized bicycle (moped) sales and rental, provided that outdoor display is permitted only 50 feet or more from any residential zone.
(e)
Books, magazines, newspapers, stationery for retail sales, but not an adult bookstore.
(f)
Clothing, shoes, drygoods for retail sales.
(g)
Cosmetics, notions, hobby supplies for retail sales.
(h)
Feed store (retail) provided all outside storage is enclosed by a solid wall or fence six feet high on all sides abutting A-1, A-2, R-1, R-2, or M-H property.
(i)
Flowers and plants, including minor and incidental outdoor sales.
(j)
Grocery store.
(k)
Hardware store.
(l)
Jewelry.
(m)
Musical instruments and supplies.
(n)
Nursery or greenhouse provided all outside storage other than plant material is enclosed by a six-foot high solid wall or fence on all sides.
(o)
Package Liquor Store.
(p)
Paint store.
(q)
Pet shop and/or pet grooming, provided there are no outside pens.
(r)
Photographic equipment.
(s)
Sporting goods.
(t)
Service station, including the sale of liquefied petroleum gas, but not for resale, provided any tube or tire repairing, minor auto repair or battery charging shall be conducted within a completely enclosed building.
(u)
Tailoring, dressmaking.
(14)
Restaurant provided:
(a)
There shall be no drive-in restaurant; and
(b)
The sale of beer and/or wine may be sold under a Restaurant Liquor License, Small Brewers Liquor License or a Winegrowers Liquor License (Without a vineyard), including manufacturing of beer or wine for on-site consumption or package sale, as provided by NMSA 1978 60-6A-4.
(15)
Shoe repair shop, shoeshine stand.
(16)
Small animal clinic.
(17)
Sign, on-premises 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 premises with street frontage of 50 feet or less. 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 its 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 (17)(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 sign face square footage limitations in Subsection (17)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business.
(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 or blinking signs except time and temperature signs shall be allowed within 200 feet of any residential zone. Revolving signs shall not revolve at speeds exceeding eight RPM. No power pack units shall be allowed.
(g)
Audible devices. No sign shall have audible devices.
(h)
Amortization. See Nonconforming Uses.
(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.
(18)
Sign, Off-premises Provided:
(a)
It is located on private property outside the established public right-of-way as it may apply to properties along freeways or the Interstate system. When located on private property other than as described above, the following setback measurement from the property line along the abutting street or highway shall be as follows:
Total Sign Area Setback 301 to 400 square feet 25 feet 150 to 300 square feet 12 feet Less than 150 square feet 8 feet (b)
The maximum height of the top of the sign shall not exceed 30 feet from grade level at the base of the sign. Allowable cutouts or extensions shall not constitute the top of the sign providing they do not extend more than five feet above the top of the sign surface, and total square footage of such cutouts extending beyond the sign facing shall not result in total square area exceeding 400 feet for the entire sign and cutouts. Advertising structures which are oriented toward freeway traffic and are located within 200 feet of [a] freeway right-of-way may not exceed 30 feet above the ground level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the advertising structure, whichever is higher. (No sign shall have its lowest point less than 12 feet above ground over public right-of-way. No sign except a wall sign, shall be between three and eight feet above the grade line within ten feet of a street public right-of-way line.)
(c)
No flashing, blinking or intermittent lights shall be permitted, and no sign shall be illuminated by red, green, or amber lights which interfere with a traffic control signal or device. No power pack units shall be allowed.
(d)
The total area of all signs on the property does not exceed the combined total area permitted for on-premises signs, plus the area permitted for one off-premises sign in that zone, and in no event shall any one sign exceed 400 square feet. Sign area shall not include an ornamental base or skirt area provided it does not display advertising copy or exceed 36 inches in its vertical dimension; however, the sign owner's name may be displayed thereon in accordance with State Law.
(e)
No billboard within 660 feet of the nearest public right-of-way of a major street or highway shall be nearer than 500 feet to any other off-premises sign or billboard if both signs are designed to be read by traffic moving in the same direction. But this spacing requirement shall not apply to the distance between two off-premises signs which are separated by a building or other obstruction in such a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. This provision shall not prevent the installation of double-faced, back-to-back or V-type advertising displays, providing the maximum separation of sign faces does not exceed ten feet.
(f)
No freestanding billboard or advertising sign shall be nearer than 100 feet to any occupied residential zone.
(g)
Signs installed contrary to zoning regulations in force at the time of installation are subject to immediate removal under the terms of the Administrative Subsection A.2.g. of this ordinance.
(19)
School and related facilities.
(20)
Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.
(21)
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 the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community.
(1)
Amateur radio antenna/tower 65 to 100 feet as measured from grade.
(2)
School and related facilities.
(3)
Hospital for animals, and kennel, provided it is in a completely enclosed building.
(4)
Hospital for human beings or sanatorium nursing home, provided traffic and ambulance noise will not have an adverse effect on residences in the neighborhood.
(5)
Mortuary.
(6)
One mobile home for a watchman or caretaker on the same lot or parcel of land with a conforming or nonconforming use, provided such mobile home is not used as a commercial or industrial unit, and, further, provided that no other residential dwelling unit is located on the same lot or parcel.
(7)
Stand for the sale of fruit, vegetables, or nursery stock.
(8)
Temporary storage building or yard for equipment, material or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.
(9)
Roof-mounted wireless telecommunications facility, up to 20 feet above the parapet of the building on which it is placed, provided that it satisfies the requirements of section 22.5 of this ordinance.
(10)
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.
(11)
Apartments and townhouses as regulated in the R-2 zone.
(12)
Multiple single-family dwellings, as regulated in the R-2 zone.
(13)
Restaurant serving liquor.
(14)
The retail sale of beer or/and wine, without a restaurant, with a Small Brewers Liquor License, including manufacturing of beer for on-site consumption or sale and a Winegrowers Liquor License, including manufacturing (excluding vineyard) of wine on site for on-site consumption or sale.
(15)
Drive-in restaurant or refreshment stand provided the site is enclosed by a solid wall or fence six feet high on all sides abutting or contiguous to A-1, A-2, R-1, R-2, or M-H property, provided there are no audible devices.
C.
Height Regulations. The same regulations apply as in the R-2 zone except as provided in the Supplementary Height and Area Regulations Section 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, R-1, R-2 or M-H zone, in which case there shall be a side yard of not less than six feet.
3.
Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, 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 requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.
E.
Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.
(Ord. No. 3-77, 2-25-77; Ord. No. 80-45, 11-18-80; Ord. No. 84-11, 2-21-84; Ord. No. 87-13, 5-19-87; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 05-2, § 1, 2-8-05; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2007-13, § 1, 8-28-07; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-11, 6-10-14; Ord. No. 2016-13, 4-12-16)