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In September 1999, the town of Taos enacted an ordinance restricting construction of large retail stores. The measure bans new stores that exceed 80,000 square feet and requires developers to obtain a special permit to build stores over 30,000 square feet. To receive a permit, developments must meet the criteria outlined in Section 5-2.2 below.

SECTION 5-2. COMMERCIAL AND INDUSTRIAL SIZE LIMITATIONS

5-2.1. General Provisions

Notwithstanding the lot coverage requirements of each zone of Article IV, individual buildings in a non-residential development shall comply with the gross floor area (GFA) size limitations established in the table below. This table specifies the maximum gross floor area allowed above ground in an individual building.

GROSS FLOOR AREA (GFA), in square feet:

Any business of the same type which occurs individually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one business and together restricted to the maximum GFA provided in this section.

5-2.2. Provisional Permit

The GFA may be increased to the size shown for a provisional permit in the above table, following the application procedure outlined in Section 3-4.5 of this Code. The GFA allowed by a provisional permit shall not be increased by variance. The Commission and Town Council shall use the criteria outlined below for evaluation of a provisional permit:

A. The size of the development is consistent with the uses in the general vicinity;

B. The infrastructure will support the size of the building and development;

C. The health, safety, and welfare of the Town of Taos are maintained;

D. The architecture of the development meets the requirements of Section 5.3.; and

E. Compliance with all other requirements of this Code.

View the complete text of the Taos Land Use and Development Code - see Title 16.