Bosque Farms City Zoning Code
§ 10-1-5
General regulations.
A.
Access to structures. All structures shall be located on lots or parcels of land such that safe and convenient access is provided for servicing, fire protection, and any required off-street parking or loading.
B.
Agricultural activities are permitted in A-R, R-1 and R-1A Zone Districts only, provided that:
(1)
Confinement areas for livestock and fowl shall be constructed and maintained to discourage the concentration and breeding of insects and rodents which are detrimental to human health.
(2)
Livestock and fowl manure and soiled bedding shall not be allowed to accumulate in amounts that offend or cause a noxious odor. Such material shall be removed within 10 days of official notification from the Village of Bosque Farms.
(3)
Temporary on-site storage of animal waste shall be designed to prevent groundwater or surface water contamination.
(4)
Surface water runoff shall be contained on site and controlled to avoid overflow into irrigation ditches and drains and surrounding property.
(5)
The Village of Bosque Farms adopts NMSA 1978, Article 9, §§ 47-9-1 through 47-9-7, the Right to Farm Act, as an ordinance of the Village.
C.
Building and structure height. No building or structure shall exceed 26 feet in height from the base flood elevation plus six inches of freeboard. This height limitation shall not apply to silos, water tanks, wind generators, antennas, solar collectors, flagpoles, and other such accessory objects, excluding signs.
D.
Building and structure setback. All buildings and structures shall be placed on a lot in accordance with the following setback requirements:
(1)
There shall be a front setback of 30 feet and a side setback of 10 feet on all lots.
(2)
There shall be a rear setback of 10 feet on all lots with the exception as noted below in Subsection D(4).
(3)
An accessory building shall not be placed within any front setback area.
(4)
An accessory building shall not be placed within any side or rear setback area except when the lot line borders a vehicle-accessible irrigation ditch, roadway or utility easement, in which case the accessory building may be placed on the lot line.
F.
Exterior lighting requirements. Exterior lighting shall be controlled to avoid spillover of light and glare onto neighboring properties, operators of motor vehicles, or pedestrians in the proximity of the light source. Furthermore, in order to preserve and enhance the community's natural resource of dark skies, all outdoor night lighting fixtures shall be effectively shielded to prevent direct or reflected light into the sky.
G.
Fence. All fences shall be durable, properly maintained and not detrimental to contiguous property. A solid fence shall be required as specified in this Section 10-1.
[Amended 3-18-2021]
(1)
Fences shall not cause a nuisance, fire hazard, or dangerous condition that may affect public safety.
(2)
For purposes of this Section 10-1, a solid fence shall not be composed of metal [except as described in Subsection G(6) below], exposed tires, doors, or other materials deemed unsafe or detrimental to adjoining property by the Commission.
(3)
For purposes of this Section 10-1, visual barrier fencing is not acceptable where a solid fence is required in a Commercial Zone.
(4)
Fencing over six feet in height shall be engineered in conformity with the regulations of New Mexico Construction Industries and approved by New Mexico Construction Industries Division.
(5)
The height of a fence shall be measured from the natural ground level or the base of the fence, whichever is appropriate.
(6)
No visual barrier or solid fence shall exceed four feet in height in the front setback area. No fence shall exceed six feet in the front setback area.
(7)
Side and rear property line fencing [except as stated in § 10-1-5G(6)] shall not exceed eight feet in height.
(8)
All solid barrier fencing is required to obtain a floodplain review permit (as per § 10-1-18A of this section) in order to regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands and may require flow paths to be installed.
(9)
Ribbed metal panels are allowable within the Village with a development review permit approval (as per § 10-1-18A of this Section 10-1) from the Planning and Zoning Officer/Administrator, with the following conditions:
H.
A garage or yard sale is permitted for no more than three consecutive days and not more than four sales per calendar year.
I.
Hobby kennels are permitted in A-R, R-1 and R-1A Zone Districts, provided that:
(1)
Kenneled animals shall be retained in a manner that prevents escape of enclosed animals or entry of other animals.
(2)
Kennels shall be designed to ensure safe, healthy, and sanitary conditions for animals on premises.
(3)
Kennels shall be maintained to discourage the concentration and breeding of insects and rodents, which are detrimental to human health.
(4)
Kennels shall be designed to retain surface water. discharges shall be retained on site.
(5)
Animal waste shall not be allowed to accumulate in amounts that offend or cause a noxious odor; such material shall be removed within 10 days of official notification from the Village of Bosque Farms.
(6)
Temporary on-site storage of animal waste shall be designed to prevent groundwater or surface water contamination.
J.
Minimum lot sizes and open space requirements. The purpose of minimum lot sizes and open space requirements is to protect and preserve the established low-density rural character of the zone districts of the Village, to secure a low density of future residential development, and to minimize impervious surfaces which increase stormwater runoff that may result in flooding or water pollution. Open space shall be unoccupied by structures as defined by this Section 10-1.
(1)
R-1 and R-1A Zones. Lot size shall be a minimum of 3/4 of one acre (32,670 square feet), having a minimum frontage of 40 feet, and no less than 60% of the land shall be permeable open space.
(2)
A-R Zone. Lot size shall be a minimum of two acres (87,120 square feet), and with a residential usage shall have a minimum frontage of 100 feet, and no less than 60% of the land shall be permeable open space.
[Amended 8-18-2016]
(3)
C-1 Zone. Lot size shall be a minimum of 1/4 of one acre (10,890 square feet) and meet the following requirements:
(a)
Development shall be connected to the Village water and wastewater systems;
(d)
There shall be no adverse impact created upon contiguous properties;
(e)
In cases where both water and wastewater system connections are not established, the minimum lot size shall be 3/4 of one acre (32,670 square feet) with on-site stormwater retention;
(f)
Site development plans are required for all new development in this zone district; and
(g)
There shall be adequate legal access, which shall require a New Mexico Department of Transportation access permit for development on Bosque Farms Boulevard (NMSH 47).
K.
Mobile home/manufactured home installation.
(1)
All mobile homes and manufactured housing shall be installed in accordance with regulations promulgated by the Manufactured Housing Act of New Mexico (NMSA 1978, § 60-14-1 et seq.) and with regulations made pursuant thereto relating to installation and ground anchors.
(2)
All mobile homes and manufactured housing in the R-1A Zone District shall be placed on a permanent and continuous frost-protected perimeter as regulated by the Manufactured Housing Division and shall be compatible and harmonious with existing structures in the vicinity.
(3)
Mobile homes or manufactured housing installed on any premises in mobile home parks, or as a temporary dwelling unit during construction of a permanent dwelling unit, or as a rental property in an R-1A Zone, or as temporary accessory living quarters, as regulated under the conditional use permit procedures of this Section 10-1, are not required to be placed on a perimeter foundations but shall provide skirting of durable materials and shall be stabilized and anchored in accordance with state laws.
(a)
On such occasions as are permitted under this Section 10-1 for the habitation of a temporary mobile home/manufactured home, the owner of the property on which the temporary mobile home/manufactured home is placed shall either deposit the sum of $2,500 with the Village Treasurer or post a bond in the equivalent amount made payable to the Village of Bosque Farms.
(b)
In the event that the temporary mobile home/manufactured home is not removed from the property at the time specified in this Section 10-1, said deposit or bond shall be forfeited as liquidated damages to the Village of Bosque Farms.
(c)
The Village Planning and Zoning Administrator/Officer is hereby authorized to use any forfeited funds to remove the temporary mobile home/manufactured home from the property consistent with the terms of this Section 10-1. Any sums remaining after said removal costs have been paid shall revert to the Village.
(d)
The Village Planning and Zoning Administrator/Officer is authorized, in addition to forfeiture of the bond or deposit, to charge additional fees for the removal and storage of the mobile home/manufactured home as appropriate.
(4)
Mobile homes or manufactured housing installed on a rented property or as conditional use permits shall be installed and anchored to adequate foundations in accordance with Section 11-1, Flood Damage Prevention, § 11-1-19D, of the Village Code.
(5)
All mobile homes or manufactured housing shall obtain a development review and mobile home permit from the Planning and Zoning Administrator/Officer.
L.
Recreational vehicle storage. On any lot in residential use, the storage of, such as, but not limited to, a boat, pick-up camper shell, travel trailer, or other recreational vehicle is allowed, provided:
(1)
It is not used as additional living quarters for more than 60 days per year for an occasional guest. The property owner will notify the Planning and Zoning Administrator/Officer when guests will be staying more than 14 consecutive days;
(2)
It does not have a permanent connection to utilities;
(3)
It is not parked or stored within 10 feet of any roadway, right-of-way or multi-use path; and
(4)
Such recreational vehicle shall be stored on private property.
M.
Refuse disposal. All persons owning or occupying lands within the Village of Bosque Farms shall be responsible for the sanitary conditions of their premises. No person shall permit or cause the accumulation of refuse, garbage, trash, or other materials which may become hazardous to public health or safety, or which obstructs traffic, drainage, or access to structures. Refuse disposal shall be in accordance with Section 9-1, Solid Waste, of the Village Code.
N.
Stormwater drainage. It is the responsibility of any owner of real property located in the Village of Bosque Farms to acceptably handle direct rainfall and stormwater runoff as it flows onto the property. Acceptable handling of direct rainfall and stormwater does not include pumping the water onto any adjacent roadway or right-of-way. Site design shall ensure that stormwater runoff will not adversely affect neighboring properties. Methods used to determine stormwater flow rates and storage requirements shall be taken from reputable sources such as Technical Release 55 (TR-55, 1986 Edition) of the USDA Natural Resources Conservation Service. The design frequency storm shall be for a ten-year/six-hour frequency flood rate. All substantially improved or developed lots shall be graded to retain localized stormwater on site.
O.
Vision clearance. At all roadway intersections, or any entrance to property located adjacent to Bosque Farms Boulevard (NMSH 47), no obstructions to view shall be placed or maintained between three feet and eight feet above the roadway level in a triangular space at the roadway corner on a corner lot. Such triangular space shall be bounded by the roadway property lines and a diagonal line connecting points 25 feet distant from the intersection of the roadway property lines.
P.
Water and wastewater requirements. All development within the Village of Bosque Farms shall be in compliance with applicable regulations established by Village ordinances, New Mexico State Building Codes, the New Mexico Environment Department (concerning water and wastewater systems), and the New Mexico State Engineer's Office (concerning water systems).
Q.
Floodplain compliance. All applicable FEMA requirements and Section 11-1, Flood Damage Prevention, of the Village Code shall be adhered to in any determination of this Section 10-1.
R.
Accessory structures.
[Amended 3-18-2021]
(1)
All accessory structures are subject to the development review process, including setbacks, floodplain review, tie-down regulations and painting of the entire structure when required.
(2)
Units, vehicles, and/or containers which were not originally intended for use as accessory structures shall not be permitted as permanent structures. This type of unit includes but is not limited to semi-trailers, panel truck bodies, railroad cars, buses and other such units, in R-1, R-1A, A-R Zone Districts.
(3)
Portable storage units and/or repurposed shipping containers may be allowed as permanent accessory structures in A-R, R-1, R-1A, C-1 Zone Districts with the following restrictions and according to the sizing and placement chart:
(a)
All logos and/or identifying information must be removed.
(b)
Unit must be painted to be compatible with other structures on the property.
(c)
Unit must be installed and/or made to be in compliance with flood damage prevention Section 11-1 of the Village of Bosque Farms Ordinance.
Sizing Chart Will Be Regulated by Nominal Size | |||
|---|---|---|---|
Zone | Less than 1 acre | 1 acre or more | 2 acres or more |
A-R Zone District | 1 20x8 container or 2 10x8 containers *In no case shall there be more than 2. | 1 40x8 container or 2 20x8 containers *In no case shall there be more than 2. | Will be handled on an individual basis |
C-1 Zone District | 1 20x8 container or 2 10x8 containers *In no case shall there be more than 2. | 1 40x8 container or 2 20x8 containers *In no case shall there be more than 2. | Will be handled on an individual basis |
R-1 Zone District | 1 20x8 container or 2 10x8 containers *In no case shall there be more than 2. | 1 40x8 container or 2 20x8 containers *In no case shall there be more than 2. | |
R-1A Zone District | 1 20x8 container or 2 10x8 containers *In no case shall there be more than 2. | 1 40x8 container or 2 20x8 containers *In no case shall there be more than 2. | |
(4)
Portable storage units and cargo hauling vehicles shall be allowed as temporary storage structures in the C-1, A-R, R-1, or R-1A Zone District. For up to 90 days with an approved permit from Planning and Zoning Administrator/Officer. A single thirty-day extension may be granted by the Planning and Zoning Administrator/Officer.
(5)
All portable storage units and/or repurposed shipping containers not in compliance after being notified by Planning and Zoning/Code Enforcement within 90 days of notification will be in violation of this Section 10-1, Section 11-1, or both.