A.   Height Limits Designated: Building height limits are as follows:

      1.   Two and one-half (21/2) stories or thirty five feet (35') in the SA-1, SA-2, R-1A and R-1B districts.

      2.   Where a building in a C or M-1 district is adjacent to a lot in an S or R district, it must be set back from such a lot line one foot (1') for each six feet (6') of building height.

      3.   Eight (8) stories or one hundred feet (100') in the C district; provided, that where a lot in the C district is adjacent to a lot in an R district, the building shall be set back from such a lot line one foot (1') for each six feet (6') of building height; and provided further, that one off street parking space shall be provided on the lot for each one thousand (1,000) square feet of floor space in a building that is in excess of three (3) times the lot area. (1996 Code § 17.36.010)

   B.    Increase In Height Limits:

      1.   If a public building, church, temple, hospital, institution or school is set back an additional foot over the yards required in section 9-9-2 of this chapter, it may be increased in height two feet (2') over the height limit of subsection A of this section up to a limit of seventy feet (70').

      2.   Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain elevators or necessary mechanical appurtenances are exempt from height regulations, but a permit must be obtained from the building inspector/code enforcement officer.

      3.   Storage buildings are exempt from the story limitations (but not the "number of feet" limitation).

      4.   Buildings in the C district may be increased in height one foot (1') for each foot that the building is set back from all required yard lines. (1996 Code § 17.36.020)

   C.    Runway Proximity:

      1.   No building or structure or any portion thereof shall be erected within the approach zone of any runway or landing strip approved by the federal aviation agency in excess of a height above the elevation at the end of the runway equal to one- fortieth (1/40) of the horizontal distance from the end of the runway, measured along the centerline of the runway extended. The approach zone is considered to be a trapezoidal area extending from the end of, and in the same direction as, the runway for a distance of two (2) miles. Such area is five hundred feet (500') wide at the end of the runway and two thousand five hundred feet (2,500') wide two (2) miles from the end of the runway.

      2.   Further, no building or structure or any portion thereof shall be erected in the transition zones on either side of an approach zone of any such runway or landing strip in excess of a height above the elevation at the end of the runway, computed as follows:

         a.   One-fortieth (1/40) of the horizontal distance from the end of the runway, measured along the centerline of the runway extended; plus

         b.   One-seventh (1/7) of the horizontal distance to the near edge of the approach zone, measured perpendicular to the centerline of the runway extended;

         c.   Where an airport is bounded by a public road, the effective length of runways directed over any such public road shall be computed (using a slope of 40 feet horizontal to 1 foot vertical) to produce a height of fourteen feet (14') at the right of way line of such road nearest to the airport. (1996 Code § 17.36.030)

   D.    Alterations To Existing Buildings: Those parts of existing buildings that violate height regulations may be repaired or remodeled, but may not be reconstructed or structurally altered. (1996 Code § 17.36.040)

   A.    Required Size: Except as provided in subsections B through F of this section and sections 9-9-4 and 9-9-5 of this chapter and chapter 11 of this title, yards shall be provided for buildings as shown in the following tabulation:

 

(Ord. 794, 6-10-2008)

   B.    S Districts:

      1.   A building line of any structure in S districts shall be set back eighty feet (80') from the centerline of main arterial thoroughfares, but in no event nearer than thirty feet (30') to the right of way.

      2.   For corner lot buildings, the setback requirements shall apply to both streets.

      3.   On streets within a developed area primarily serving the development, the setback may be reduced to thirty feet (30').

   C.    Corner Lots:

      1.   On corner lots in the R districts, there must be a conforming front yard on the one side and a ten foot (10') wide yard on the intersecting side.

      2.   On corner lots in the C and M districts that rear upon an S or R district, a ten foot (10') yard must be provided along the side street. Where a lot in a C or M district sides upon an S or R district lot, the side yard required in that S or R district must be provided along the boundary line on the C or M district lot.

   D.    Multiple Uses: There may be two (2) or more related multi- family, hotel, motel or institutional buildings on a lot; provided, that:

      1.   The required yards be maintained around the group of buildings; and

      2.   Buildings that are parallel, or that are within forty five degrees (45°) of being parallel, be separated by a horizontal distance that is at least equal to the height of the highest building; and

      3.   They are subject to compliance with the building code.

   E.    Existing Nonconformities: Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered. (1996 Code § 17.36.060)

   F.    Exceptions:

      1.   In the S and R districts, no side or rear yards are required behind the front building line as to accessory buildings; accessory building setback shall be at least sixty feet (60') from the front property line; yard requirements remain for the main building; provided, however, that at least a ten foot (10') wide passage shall be provided on the lot to the rear yard, either from a street or from an alley. Such passage may be sodded or landscaped and not necessarily used as a driveway.

      2.   On main or major public thoroughfares or arterial streets, the front yard requirements shall remain as set forth in subsections A through E of this section, regardless of subsection F3 of this section.

      3.   Where, on the effective date of the ordinance codified in this title 1 , forty percent (40%) or more of a frontage was occupied by two (2) or more buildings, then the front yard is established in the following manner:

         a.   Where the building furthest from the street provides a front yard not more than ten feet (10') deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

         b.   Where subsection F3a of this section is not the case and a lot is within one hundred feet (100') of a building on each side, then the front yard is a line drawn from the closest front corners of these two (2) adjacent buildings.

         c.   Where neither subsection F3a nor F3b of this section is the case and the lot is within one hundred feet (100') of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

      4.   Sills, belt courses, cornices and ornamental features may project only one foot (1') into a required yard. (1996 Code § 17.36.070)

      5.   Open fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half feet (31/2'), when so placed as to not obstruct the light and ventilation, may be permitted by the building inspector/code enforcement officer.

      6.   Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distant at least two feet (2') from the adjacent lot line.

      7.   No side yards are required for dwellings that are erected above commercial and industrial structures.

      8.   If side yards are provided where not required (i.e., in C and M districts), they must be at least five feet (5') wide.

      9.   Open frame carports (roof only, no walls) may be erected a minimum setback distance of fifteen feet (15') from the face of curb instead of the setback distance being measured from the property line. However, side yard setbacks are still required, and the carport must be entirely on the property where it will be erected. No garage, buildings, or enclosed structure of any nature other than an open frame carport (roof only, no walls) will be permitted. The fifteen-foot (15') setback from the face of curb will be measured from the closest part of the closest support column, and no overhangs greater than two feet (2') will be permitted. Overhangs refer to the surface of the roof projecting beyond the support columns. Overhangs shall not project beyond the property lines of the property where the carport will be erected. Roofing systems for open frame carports may include enclosed ceilings, eaves, gables, and soffits. (1996 Code § 17.36.070; amd. 2002 Code; Ord. O-1109, 6-27-2023)

   A.    Required Lot Sizes: Except as provided in subsection B of this section, there shall be the minimum lot width and minimum lot area per family as shown on the following table:

 

(1996 Code § 17.36.080)

   B.    Exceptions: Separate tracts with less area or width than that required in subsection A of this section may be used for one single-family dwelling or for a permitted nondwelling use. (1996 Code § 17.36.090)

   C.    Existing Nonconformities: Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to these requirements. (1996 Code § 17.36.100)

   A.    Permitted Accessory Uses:

      1.   The following accessory uses are permitted in the SA, R-1A, R-1B and R-2 districts:

Home businesses.

Keeping of such animals as are permitted in the district involved.

Private garages.

Storage of wood, lumber and other material where the land occupied by such storage is confined to one location with a maximum area of one hundred (100) square feet.

Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces and similar uses customarily accessory to residential uses.

Vegetable and flower gardens. (1996 Code § 17.36.110; amd. 2002 Code)

      2.   In the R-2 district, in addition to those accessory uses set out in subsection A1 of this section, there may also be storage garages and parking lots for use solely by occupants of the premises.

      3.   In the C district, in addition to those accessory uses set out in subsections A1 and A2 of this section, there may also be:

A use of not to exceed forty percent (40%) of the floor area for incidental storage or light industrial activity.

Parking lots.

      4.   In the M districts, there may be any accessory use.

      5.   Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction.

   B.    Accessory Buildings:

      1.   Use Restricted: Accessory buildings may not be used for dwelling purposes. (1996 Code § 17.36.110)

      2.   Location:

         a.   Accessory buildings may be located in side or rear yards, subject to subsection 9-9-2F1 of this chapter, but may not occupy more than thirty percent (30%) of side and rear yard space.

         b.   Where a garage is entered from an alley, it must be kept twelve feet (12') from the alley line common to the property in question. (1996 Code § 17.36.120)

   A.    Definitions:

   FENCE: A wall or other structure erected to bar passage.

   PERMANENT FENCE: A fence having or possessing a permanent foundation consisting of anchor poles to allow for wood, chainlink, vinyl, metal, or other fence material and/or a concrete foundation for brick, or cinder block.

   TEMPORARY FENCE: A fence having a decorative border no higher than thirty inches (30") (2.5 feet) in height which does not require the use of any permanent material(s) such as anchor poles, concrete foundation, or any other solid masses; or any fence erected around construction sites which does not exceed eight feet zero inches (8'0") in height and which is removed immediately upon completion of the construction project.

   B.    Permits Required: It shall be unlawful and a violation of this section for any person to erect, construct, enlarge, materially alter, increase the height or composition of, or replace any permanent fence regulated by this section without first obtaining a separate permit for each such fence from the building inspector/code enforcement officer of the city of Artesia ("city") development/planning department. A fence permit shall not be required if it is determined by the building inspector that only minor repair or painting or repainting of the fence is necessary.

   C.    Application For Permit: To obtain a permit required by this section, the applicant shall first file an application for permit on a form furnished by the building inspector/code enforcement officer of the city community development/planning department.

Two (2) sets of plans, including a drawing of the proposed location for the fence on the lot, and any other data reasonably deemed necessary by the building inspector/code enforcement officer shall be submitted with each application for a permit. Information on plans shall further include:

      1.   Building location and area to be fenced.

      2.   Legal description of land to be fenced.

      3.   Height of fence and type of materials to be used.

      4.   Intersections of nearest streets, roads, highways, alleys and driveways in immediate proximity to the fence.

      5.   Existing zoning classification.

      6.   Corner "visibility range" for any street impacted by the proposed fence.

      7.   All easements and rights of way which may be in existence and which may be encroached and/or affected by the fence.

      8.   Distance measurements of all fences to be erected.

One set of approved plans shall be retained by the building inspector/code enforcement officer and one set of the approved plans shall be returned to the applicant.

The plans shall be endorsed by the building inspector/code enforcement officer in writing or stamped "approved" and initialed, and shall not be changed, modified or altered without authorization from the building inspector/code enforcement officer, and all work shall be done in accordance with the approved plans.

The application, plans and other data filed by an applicant for a permit under this section shall be reviewed by the building inspector/code enforcement officer of the community development/planning department. If the work described in an application requesting a permit and the plans and other data filed therewith conform to the requirements of this section, together with all other applicable laws and ordinances, and the fees specified for the permit and inspection have been paid, the permit shall then be issued to the applicant.

   D.    General Requirements And Restrictions: Fences deemed temporary as defined herein shall not require a permit.

Front yard: Fences or plantings located within thirty feet (30') from the inside curb line of the street or street intersection must be less than thirty percent (30%) solid, or less than three feet (3') in height when the fence or planting is more than thirty percent (30%) solid.

Back yard: Fences or plantings up to eight feet (8') in height may be erected on any part of the lot, as long as the street side of the fence or planting does not extend beyond the front of the main building, and it is located more than thirty feet (30') from the inside curb of the street or street intersection.

Corner lots: The side yard fence or planting for a corner lot may be placed within thirty feet (30') of the side street, up to, but not including the right of way. See figure 1 of this section.

No fence, guywire, brace or post shall be constructed upon or extend over any property of which the city or any private property owner, either owns or has legal control over, or which property contains an easement which may be impacted or otherwise encroached by the fence, guywire, brace or post, unless the applicant first obtains the prior written consent of such owner or other person affected. No fence, guywire, brace or post shall be constructed upon or extend over any utility easement without the applicant first obtaining the prior written consent of the owner or operator of the utilities.

No fence within the city limits shall be electrically charged in any manner, with the exception of a properly installed pet fence located within the interior and to not exceed the height of any fence.

No fence shall be constructed of barbed wire except on property zoned M-1 light industrial or M-2 heavy industrial zoning districts. Such barbed wire shall only be located on the top of a six foot (6') or greater fence with angle arms at the top and such angle arms may be armed with barbed wire. Such arms shall not extend over public or private property, city, county, or state rights of way, easements or private property.

   E.    Materials:

      1.   Permitted Materials: The following are permitted materials: wood, metal tubing or wrought iron, stone, masonry, stucco, chainlink, and corrugated metal panels. Vinyl or fiberglass composite materials may be also utilized if the material is listed, designed and constructed for fencing materials.

      2.   Prohibited Materials: The following materials are prohibited: rope, string, all wire products, including, but not limited to, chicken wire, hog wire, wire fabric, barbed wire (except as otherwise allowed in this code), razor ribbon wire and similar welded or woven wire fabrics, netting, cut or broken glass, paper, metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels or any other materials that are not manufactured specifically for use as fencing materials. The building inspector/code enforcement officer may require the applicant to provide a sample of the manufacturer's standards to establish the intended use of a proposed fencing material.

Cumulative to the foregoing paragraph, no person shall construct a fence of wood, metal or plastic products that are designed specifically for uses other than fence construction.

No person shall construct a fence consisting of any damaged or unsafe materials. The building inspector/code enforcement officer may make a determination that certain materials are deemed unsafe for use as a fence.

Used materials of any type shall not be reused unless it can be determined by the building inspector/code enforcement officer that such used materials meet the requirement of the building code for new materials.

   F.    Height Restrictions: No fence shall be constructed anywhere in the city to a height greater than eight feet (8') above the finished lot grade at the location of the fence.

   G.    Inspections Required: There shall be a minimum of two (2) inspections during the progress of fence construction, which shall be: 1) when the foundation is dug or the poles are set, and 2) upon the completion of the fence. Additional inspections may be made at any time at the discretion of the building inspector/code enforcement officer.

   H.    Gates Required: Any fence in which there is closure of the fence or closure of the fence combined with any other structure located on the property shall contain at least two (2) access gates constructed at least thirty six inches (36") each in width, to be located at the front and rear of the fence, except on corner lots, in which one gate may be located on the side of the property adjacent to the closest street, in lieu of the rear of the property. (See figure 2 of this section as example.)

   I.    Structural Requirements: Masonry walls shall require reinforcement and a footing meeting the minimum standards established in figure 3 of this section unless the building inspector authorizes changes based on site conditions.

   J.    Fence Completion/Enforcement: All fences shall be diligently constructed and fully completed with one hundred eighty (180) days from date of commencement of construction.

   K.    General Penalties: Any violation of this section or part thereof shall be subject to the penalties provided by title 1, chapter 4 of this code.

   L.    Graffiti: All fences, both existing and new, and all parts thereof, shall be maintained in a safe and aesthetically pleasing condition. Graffiti shall be removed in accordance with provisions of the city of Artesia graffiti ordinance. (Ord. 814, 4-14-2009)

Residential roofing or alteration or repair of an existing roof will require a building permit and will be regulated by the latest edition of the uniform building code in conjunction with the latest edition of the state of New Mexico construction industries division, New Mexico building code, which have been adopted by the state 1 . (Ord. 630, 7-4-2001)