Third Final Draft - ULC Overlay

SECTION 6.6.
X

Upper Las Colonias Neighborhood Zone

9/10/2014 3
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Final Draft Page 1 of 10

Section 6.6.X.1 Establishment, Boundaries, Purpose and Neighborhood Constraints for the
Upper Las Colonias Neighborhood Zone.

A. Establishment. There is hereby recognized and established the Upper Las
Colonias Neighborhood Zone, for which the Upper Las Colonias Neighborhood Association is
hereby recognized as the Neighborhood Association for purposes of these regulations.

B. Boundaries. The boundaries of the Upper Las Colonias Neighborhood Zone and
its eight (8) distinct sub-zones as established therein are described and depicted on the Upper Las
Colonias Neighborhood Zone Map attached to this Ordinance and available for inspection at the
Taos County Planning Department. In general, the Upper Las Colonias Neighborhood Zone is
bordered to the west by Highway 522, to the east by State Road 150 and north by State Road 230
and Valencia Road, and also includes a triangle-shaped area that is bordered by State Road 150
to the northwest, Highways 68/64 to the southwest and Taos Pueblo lands to the northeast.

C. Purposes. Recognition of the Upper Las Colonias Neighborhood Zone is
requisite to the Upper Las Colonias Neighborhood Association achieving the following
objectives in consonance with Taos County especially in regard to future developments. Central
to these purposes is close coordination with the regulatory authority of Taos County to
implement, regulate, monitor and enforce residential and compatible commercial development.

1. Preserve the vision of the Upper Las Colonias Neighborhood which is to maintain
its traditional use as a rural community with compatible residential development,
preservation of its farming and ranching heritage, and to support compatible
clusters of commercial development that benefits and preserves the rural nature of
the neighborhood. Central to this vision is the conservation of the scenic beauty,
rural nature and natural resources of the area and the continuous improvement of
the safety, security, health, welfare and economic well-being of our residents and
land owners. This vision welcomes diversity, while emphasizing that
compatibility with the neighborhood as a whole is a necessary foundation for the
future of our neighborhood.
2. Ensure architectural standards that are consistent with the neighborhoods
established architecture and style.
3. Protect arroyos, flood zones, floodplains, acequias, wells, ground water and
irrigated lands from encroachment or contamination in order to preserve water
quality, encourage conservation and reduce erosion.
4. Enforce dark sky protections, noise protections; scenic view shed protections and
environmental quality preservation.
5. Safeguard the interest of each landowner so that an enhancement to the value of
one parcel does not decrease the value of other parcels.

SECTION 6.6.X


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D. Neighborhood Constraints.

1. The ambient noise level in ULC is quiet and unobtrusive. Noise or sounds
created anywhere in or near this area are easily ascertained by residents and
readily experienced as an annoyance or worse. This quiet environment is one of
the critical features of ULC and is highly valued. This factor strongly influences
the noise level limits and exceptions established in this overlay.
2. The physical topography of this area often causes a thermal inversion occurring
several hundred feet above the ground. A thermal inversion traps smoke, dust, air
pollution and sound. Any sounds trapped in this inversion carry over great
distances without significant attenuation.
3. Valued view sheds exist in practically every direction in ULC. The perimeter is
the area most amenable to commercial activities and could easily block view
sheds of the interior residential zones. This is the basis for many of the coverage,
set back and height limitations in each zone which protect these view sheds.
Sensitivity to this ULC constraint is important in terms of screening, landscaping,
siting of buildings and other improvements.
4. State Road 150 has limited shoulders and 55 mph speed limits which make access
and egress by slower moving traffic a basic safety issue. Access to or from
perimeter highways (State Road 150 and State Highway 522) needs detailed study
by the NM State DOT to improve safety. However, engineered access to land
parcels larger than 50 acres will be permitted in accordance with NM DOT
Regulations; smaller parcels are restricted to the current access inventory.
5. Most of the roads in this neighborhood are not paved. This is a prime source of
dust depending on the intensity and speed of traffic and forms the basis for tighter
limits on residential businesses, speed bumps, speed limits, etc.
6. Many private roads exist in Upper Las Colonias. Road maintenance agreements
are strongly recommended so that emergency vehicles have reliable access to
each property.

SECTION 6.6.X


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Section 6.6.X.2 Upper Las Colonias Neighborhood Land Uses

Overlay Zone Designations (see map)
RR-1M (Mobile Home Subdivisions on Valencia Rd)
RR-2 (higher density residential, multi-family zone)
RR-3 (single family zone in core of ULC)
RR-3A (generally smaller parcels at north end of ULC)
CE-1 (Commercial zones along highways)
CE-2 (Commercial Zone at NW corner of NM 150/522 and US 64
LC-1A (Light Commercial zones, Neighborhood Businesses, low impact and low traffic)
A-4 (Agricultural corridor in middle of ULC)

(Legend for table below: P = Permitted via County Zoning Clearance Permits or Administrative Approvals subject to
infrastructure restrictions; S = Special Use Permit required; Blank = Excluded; ULCNA must be notified by the applicant
and Taos County Planning Department of all permit applications in ULC; The MD approval and permitting process may be
applicable to the uses detailed in the table, per Article 4 of the LURs)

Residential Land
Uses per LUR and
6.6.X.3
RR-
1M
RR- 2 RR- 3 RR-3A CE-1 CE-2 LC-1A A-4
Comments
Definitions

Definitions listed herein and in Taos County LUR
Article 2
Single Family Residential P P P P P P P P
A detached dwelling unit constructed to UBC or
IBC standards on a single lot with private yards on
all sides.
Multiple Family
Residential, Condos,
Duplexs, BnBs
P/S P/S P/S P/S P for projects with less than 4 units, otherwise S.
Mobile Home Parks S
Any lot or parcel upon which three or more
manufactured or mobile homes, connected to
utilities or occupied for dwelling purposes, are
located.
Manufactured Homes P P P P P P P
A single-section or multi-section manufactured
home or modular home having accommodations
for and occupied by a single household for living
and sleeping purposes with a heated area of at
least 720 square feet and constructed in a factory
to the standards of the United States Department
of Housing and Urban Development, the National
Manufactured Housing Construction and Safety
Standards Act of 1974 and the Housing and
Urban Development Zone Code 2, International
Residential Code or the International Building
Code as amended to the date of the unit's
construction, and installed consistent with the
Manufactured Housing Act and with the rules
made pursuant thereto by the Manufactured
Housing Division of the Regulation and Licensing
Department. The term does not include a
recreational vehicle as that term is defined by 24
C.F.R. Section 3282.8(g). No private utilities, NM
EID approved sewage treatment system is
required for all uses.
Home Occupation P P P P P P P Per LURs Article 4
Residential Renewable
Energy Systems
P P P P P P P P
Per Article 4 except max height of 17- 27 ft.
depending on the zone inclusive of propellers
whether permanent or temporary.
SECTION 6.6.X


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Commercial
Land Uses per LURs
and Section 6.6.X.3:
RR-
1M
Comments
Applicable to all
commercial uses

See
Comments
See
Comments
See
Comment
s

Definitions listed herein and in Taos County
LUR Article 2

All Commercial Permits are required to show
that the available infrastructure is adequate for
the proposed activity and that the requisite
agencies have been notified of infrastructure
impact for planning purposes. This includes
agencies responsible for water, sewer, roads,
highways, electrical service, phone/data services,
etc. If there is significant impact the permit must
be made contingent or conditional on the
required infrastructure being available.

A development comprised of uses regulated by
separate rows in this Land Use Table shall be
reviewed using the most restrictive process from
among the proposed uses.

Adult entertainment
including sexually
explicit books, videos or
novelties.

Adult entertainment business shall also include
any business not specifically described in this
comment which provides or features: (i) male or
female dancers, entertainers or contestants who
feature the act of partially or totally disrobing, or
(ii) an individual or individuals with less than
opaque clothing covering specified anatomical
areas, or (iii) provides or features an individual
or individuals involved in actual or simulated
specific sexual activities, or (iv) a dancer or
dancers, entertainers or contestants which
emphasize and seek to arouse or excite the
patrons' sexual desires, or (v) a dancer or
dancers or entertainers who fondle or caress any
patron.
Art Studio or gallery P P P
Note: Allowed as a Home Occupation per Article
4 in most locations.
Banks, Credit Unions or
similar financial
institutions
P P
Bar or Nightclub S S
Cemetery S S
Club, private S S
Contractor Office/yard S S
Convenience Store (no
fuel sales)
P/S* P *S if over 2500 square feet
Farmers Market P P
Seasonal only, no permanent structures,
otherwise a SUP is required.
Flea Market, Auctions
Fuel Sales S S
Funeral Home or
Mortuary
S
Hardware Store P/S* P *S if over 2500 square feet
Hardware Store with
lumber yard and/or
building supplies
S S

SECTION 6.6.X


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Commercial
Land Uses (cont.)
RR-
1M
Comments
Hotel, Motel S S
Indoor Recreation
P/S, P if
limited to
2500 sq
ft or less.
P/S, P if
limited to
2500 sq
ft or less.

Amusement or recreational activities carried on
wholly within a building, including dance hall,
theater, health club and activities of a similar
nature. This does not include an adult-oriented
business, bowling alley or amusement center.
Kennel/animal
boarding
S S
Manufacturing
Office, general P P P
A facility generally focusing on business,
government, professional or financial services.
General office shall include the following:
advertising office; business management
consulting; data processing; financial business
such as lender, software development,
investment or brokerage house; collection
agency; real estate or insurance agent;
professional service such as lawyer, accountant,
bookkeeper, engineer, or architect; sales office,
travel agency or any similar use.
Office, medical or dental P P P
A medical facility in which a doctor, dentist,
psychiatrist, physicians assistant, nurse
practitioner or similar medial provider treats or
counsels patients.
Outdoor Recreation S S
Any recreational facility where activity takes
place primarily outdoors such as golf courses;
batting cages; swimming pools; driving ranges or
any similar facility.
Radio or TV station S S
Restaurant, Fast Food P P
Restaurant, General P P
Retail Sales Light
Commercial (See Light
Commercial Use
designation in Articles 5
& 6 of the LURs)
P P S
A small (less than 2500 square feet) low traffic,
low impact facility for sale of new or used
products primarily to residents in the
surrounding neighborhood such as: books; health
and beauty products; photo finishing; crafts;
flowers; gifts or souvenirs; groceries; plants;
picture frames; produce; stationery; tobacco;
videos or any similar use..
Small Retail Food
Services
P P P
Small businesses, less than 2500 sf, such as Deli
and Sandwich Shops; catering; preparation and
sale of baked goods, coffee, ice cream, fountain
drinks, confections and similar products whose
preparation does not require installation of an
exhaust hood. Operations limited to daytime
hours.
Retail Sales General P/S; P
P if less than 2500 square feet. Definition per LUR
Article 2.0
Retail -Other
P/S; P if
less than
2500
square
feet
P/S; P if
less than
2500
square
feet

Retail stores offering goods such as groceries,
clothing, pharmaceuticals, bakeries, meat
markets, liquor stores, hardware, paint,
bookstores, gardening supplies or movie
theaters.
RV Park or campground P
Self-Storage Facility S S

SECTION 6.6.X


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Commercial
Land Uses (cont.)
RR-
1M
Comments
Service, neighborhood P P P
1

A retail facility involved in providing limited
personal services to local traffic in the
surrounding neighborhood. Neighborhood
services shall include the following: personal care
services such as hair, nail, tanning, massage
therapy; or any similar use.
1
: No greater than
2000 sf.
Shooting Range P P Indoor only
Stable or riding facility S
Taxi Stand P P
Local Bus Service Stops are permitted in CE-1
parcels.
Vehicle & Boat Repair,
sales or rentals

A facility involved in providing sales, rentals or
repair services to passenger vehicles, light and
medium trucks, tractor trailers, recreational
vehicles, earthmoving equipment; construction
equipment; farming equipment; and other
consumer motor vehicles such as motorcycles
and boats, or any similar use.
Vehicle Service
A facility involved in providing limited service to
passenger vehicles and other small consumer
vehicles. Such minor operations are primarily
provided while customers wait for their vehicles.
Limited vehicle service shall include the
following: alignment shop; quick lubrication
facilities; brake service, battery sales and
installation; outdoor car wash; auto detailing and
tire sales and mounting; or any similar use.
Veterinarian or Animal
Hospital
P P S
Warehouse/freight
Civic/Govt
Land Uses per LURs
and Section 6.6.X.3
RR-
1M
Comments
Applicable to all
LUR Article 2

Airports
Civic Center S S
Commercial Renewable
Energy Installations
S S S
Only as an adjunct to the primary use, i.e., roof PV
arrays
Day Care or Nursery
School
P P
Fairground
Group Home S S
Hospital S S Includes urgent care facilities
Landing Strip
Museum, Library P P S
Park, Open Area P P P P
Post Office P P
Religious Institution P P S

SECTION 6.6.X


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Civic/Govt
Land Uses (cont.)
RR- 1M RR- 2 RR- 3 RR-3A CE-1 CE-2 LC-1A A-4
Comments
Residential Care
Facilities
S S
Housing for more than eight residents needing
care, training or treatment such as homeless
shelters; assisted living; nursing and
convalescent homes; hospice homes for clients
who are physically disabled, mentally retarded,
or emotionally disturbed; and may include
temporary housing for battered women or
homeless families.
Public Safety Facility S S Fire Stations, Police Substations, etc
Schools S S
Sewer Plants/lagoons
Only as required as part of a housing or
commercial development for other uses.
Surface Transportation
Facility

Technical, Trade or
Business Schools
S S
Utility, minor S S
All utility facilities not considered major,
including, but not limited to neighborhood-
serving facilities such as pump stations,
telephone exchanges, lift stations, and storm-
water detention facilities, or any similar use.
Utility, Major
A large-scale utility, such as water or wastewater
treatment plants, water towers, electrical
generation plants, or transmission facilities or
any similar use.
Utility Shop or Yard
Wireless
Communications
S S Per Article 4
Agricultural
Land Uses per LURs
and Section 6.6.X.3
Comments
Applicable to all
LUR Article 2
Light agriculture such
as gardens
P P P P P P P P Crops and Animals per Taos County LURs.
Agro-Industrial
operations
P
Feedlots and animal slaughter, storage or
processing excluded. No more than 2 animals
per acre. Crops and animals per Taos County
LURs.
Other Land Uses
Comments
Any land use not
listed herein
S S S S S S S S
Any use not specifically listed herein is expressly
prohibited, unless the County Planning Director
determines that the use is similar to a permitted
individual use or permitted group of uses as
listed herein in which case the applicant can
precede using the SUP process.
Industrial Uses such as
Hazardous Materials,
Crematoriums,
junkyards, recycling
centers, heavy
manufacturing, mining,
heavy equipment
operations, waste
treatment facilities, or
any other use which
requires an air or
ground water discharge
permit
Not permitted.
SECTION 6.6.X


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Section 6.6.X.3 Upper Las Colonias Neighborhood Development Standards

Development
Standards
Comments/Limitations

Min parcel/ lot
size

2Acres

1 Acre

1 Acre 0.75 Acre

2 Acres

2 Acres

2 Acres

2 Acres

Once a parcel is improved to the maximum extent of
coverage, it cannot be further subdivided. Relief for odd
shaped lots can be approved administratively.
Density: (Max
units/primary
residences per
acre or per lot if
less than 1 acre)
5 8 1
1& 2
2 8 8 8 1
1& 2
25% Higher Density is allowed if Open Space is increased
by 15%. Accessory buildings per Taos County Land Use
Regulations. Water and sewage limits may restrict these
density limits even further.
1
Maximum of one primary
residence and no more than 3 buildings per lot. .
2
By
Special Use Permits, concepts such as clustering, pods,
and density bonus designs with attendant decreases in
parcel coverage can be approved on a case by case basis.
Max Residential
Lot Coverage
50% 25% 50% 35%
3
Per LURs 35%
3

The horizontal area covered by buildings or roofed areas;
Does not include parking, gardens, driveways or
landscaping. A-4 is exempt from coverage limits if used
for agriculture.
3
Combined Residential and Commercial
Coverage cannot exceed 35%.
Max Commercial
Lot Coverage
35%

Per LURs 35%
3

The horizontal area covered by buildings or roofed areas.
Does not include parking, landscaping or roads. All
parking must be landscaped or screened.
3
No more than
10% of maximum roofed coverage can be used for retail
businesses.
Min Front
Setback
30ft 30ft 30ft 10ft 65ft Per LURs 65ft 20ft
Along State Road 150, recognizes an existing Kit Carson
Utility ROW of about 50ft
Min Side Setback 30ft 30ft 30ft 10ft 50ft
1
Per LURs 50ft
1
20ft 10ft if adjacent parcel is not RR-2, RR-3 or RR-3A.
Minimum Rear
Setback
50ft 30ft 30ft 10ft 50ft Per LURs 50ft 30ft
CE-1 and LC-1A parcels not adjacent to LC-1A, RR-2, RR-3
or RR-3A parcels are allowed to use a 30ft Rear Setback.
CE-1 parcels adjacent to A-4 parcels allowed a 20ft
setback.
Height, max
1
23ft 23ft 23ft 23ft 23ft
1
Per LURs 17ft

27ft
1

These are the height limits for minimum setbacks.
1
For
non-residential parcels, if all setbacks are increased to
100 ft the height limit is 27ft and if all setbacks are
increased to 150 ft the height limit is 33 ft.
Screening
features
required required required required required
Screening features, consisting of berms, solid fencing,
walls, and/or landscaping, which do not impact existing
view sheds negatively, are required for service areas,
loading areas, outdoor storage areas, and trash
receptacles for all parcels other than single-family houses
to provide visual, noise and odor isolation from
neighboring parcels. The screening for loading areas and
outdoor storage areas shall be a minimum of 4 feet in
height and a maximum of 8 feet in height. All screening
shall provide protection of the enclosed area from
animals and wind.
Max continuous
sound limit in dB
measured using
the A scale at the
closest property
line of any RR-
1M, RR-2, RR-3
or RR-3A parcel.
Short, 1 hour or
less, exceptions
are allowed.
60dB 60dB 60dB 60dB 60dB
1
60 dB
1
60dB
1
60dB
1
No more than 2 outdoor performing arts events per week
for any venue. Events must be over by 11 PM on Fridays
and Saturdays and 10 PM on other days. Indoor events
are not restricted.
Ongoing measures to minimize noise in ULC from any CE-
1/2 or LC-1A parcel by use of sound barriers, orientation
of loud speakers, sound level measurements, etc. are
essential. Any complaints from residents of ULC received
by the County, CE-1/2 or LC-1A occupants will be
addressed promptly and the exceptions (above) can be
rescinded per county regulations.

SECTION 6.6.X


9/10/2014 3
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Development
Standards (cont.)
Comments/Limitations

Architectural
Standard for
commercial
facilities, homes
and guest houses
none required required none required required required none
Spanish Pueblo, Territorial Revival, finished in earth
tones, similar to existing homes, businesses and
subdivisions. Accessory buildings and landscaping
standards must be consistent with the existing
developments and character of the neighborhood.
Commercial developments must have landscaping and
screening.
Business Hours required
7 am to 6 pm in LC-1A. Seasonal exceptions allowed via
administrative approvals from Taos County.
Vehicles, RVs,
Fences, variances
and rezoning.
See applicable Taos County Land Use Regulations. All
provisions apply without exception, including existing
non-conformances when appropriate. Incidental
variances for enhanced use can be administratively
approved by the Taos County Planning Dept.
Signage 32
square ft
32
square ft
2
square ft
6
square ft
32
square ft
32
square ft
32
square ft
32
square ft
Per Ordinance1996-2, except max square footage limited
as noted.
Perimeter
highway access
Required Required Required Required Required Required Required Required
Highway access to parcels smaller than 30 acres is limited
to the access inventory when this ordinance is approved.
SECTION 6.6.X


9/10/2014 3
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(This map is for illustrations purposes only and does not represent the official Taos County
Zoning Map)

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SECTION 6.6.

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