A. Subject to the provisions of Sections 17.48.050 (cluster subdivisions) and 17.48.060 (architecturally integrated subdivisions) all lots in the following zones shall have at least the amount of square footage indicated in the following table:

B.

Primary residences with an accessory apartment shall be allowed only on lots having at least one hundred fifty percent of the minimum square footage required for one dwelling unit on a lot in such district. Within the TOD-MU and TOD-R zones, accessory apartments shall be allowed on all lots containing only one dwelling unit.

(Ord. 356 (part), 2008; Ord. 276 (part), 2001)

No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impractical to construct on it a building that would not satisfy any applicable setback requirements for that district.

(Ord. 276 (part), 2001)

A. This section establishes the minimum distance from the lot line that any primary or accessory building may be located in any given zone, hereafter referred to as the "building setback" or the "required yard."

B.

The following terms are hereby defined for their use in this section:

1.

"Building" refers to any substantial structure, which tends to constitute a visual obstruction. Included in this term are freestanding signs, gas pumps and overhead canopies or roofs.

2.

"Buildable area" refers to the portion of a lot or site, excluding required yard areas, setbacks or open space within which a structure may be built.

3.

"Front yard" refers to the portion of the lot at grade between the front lot line and the front wall of the primary building, unoccupied and unobstructed by any portion of a structure from the ground upward to the sky, except for permitted projections from the ground such as landscaping, fencing, or walls.

4.

"Rear yard" refers to the portion of the lot at grade between the rear wall of the primary building and the rear lot line, unoccupied and unobstructed by any por-tion of a structure from the ground upward to the sky, except for permitted projections from the ground such as landscaping, fencing, or walls.

5.

"Side yard" refers to the portions of the lot at grade on each side of the primary building, bounded by the side wall of the primary building on one side, the side lot line on the opposite side, beginning from the front wall of the building and extending to the rear wall.

6.

"Breezeway" refers to a roofed often open passage connecting two buildings (such as a house and garage) or halves of a building.

C.

Unless otherwise permitted in this section, primary buildings are only permitted in the buildable area in all zones.

D.

Accessory buildings in any residential zone may be located within the buildable area in the rear or side yard, and may be placed no closer than ten feet from the primary building or another accessory building.

E.

Detached private garages and carports shall be permitted to be located less than ten feet from the primary building, provided that they are adjoined to the primary building by an enclosed walkway or an open breezeway.

F.

Detached accessory buildings shall be permitted to occupy up to thirty percent of the rear or side yard, provided that they are not be used for dwelling purposes.

G.

Open, unenclosed porches may encroach one hundred and eighty square feet into a required rear setback no closer than five feet to the rear property line.

H.

All commercial development contiguous to a residential zone must meet the setback requirement for the lot line of the residential zone to which it is contiguous. Residential development in a commercial zone shall meet the setback requirements of the R-1 zone.

I.

In the TOD-MU zone, the minimum front setback is waived for buildings with ground-floor commercial uses. Commercial development in the TOD-MU zone adjacent to a residential zone is not required to meet the setback requirement of the zone to which it is adjacent. Any building in the TOD-MU zone must be constructed no further than fifteen feet from the front lot line, and the front yard shall be landscaped in accordance with Section 17.44.220.

1. Corner lots require a minimum setback on the street side of ten feet.

2. Attached dwellings shall maintain a separation of no less than fifteen feet between structures.

3. Patio homes shall maintain a separation of no less than ten feet between structures.

4. See subsection H of this section.

5. See subsection I of this section.

(Ord. 356 (part), 2008; Ord. 324 (part), 2006; Ord. 280, 2002; Ord. 276 (part), 2001)

(Ord. No. 439, 9-6-2018)

A. Building height limitations shall be forty-five feet in the C-1 and C-2 zones; fifty-five feet or greater with an additional foot of setback for each additional foot of height in the M-1 zone; forty-feet in the TOD-MU zone; thirty-five feet in the SU zone or as designated by an approved site, master, or area plan; and thirty-five feet in all other zoning districts throughout the village.

B.

The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

C.

The following features are exempt from the height limitation:

1.

Chimneys, church spires, and similar structural appendages;

2.

Flagpoles;

3.

Heating and air conditioning equipment, solar collectors, and similar devices.

D.

Design standards on Main Street. In order to minimize visual distractions and to preserve the small town character within the Main Street area, buildings shall be designed using the following guidelines:

1.

Thin-skin curtain-wall buildings, including aluminum siding and metal panels require aesthetic facades;

2.

Mirrored glass and glass covering more than fifty percent of any side of the building are prohibited between the Rio Grande Bridge and Don Pasqual.

E.

Design Standards in the TOD-MU Zone. Street-facing commercial and mixed-use buildings must be at least twenty-five feet high along the street-facing facade. Minimum building height is measured relative to the finished grade, and is measured to the highest point of the roof, excluding minor lengths of parapets, cupolas, or other discontinuous projecting features. Continuous parapets or false fronts and peaked or sloped roofs qualify towards meeting the minimum height.

(Ord. 356 (part), 2008; Ord. 280, 2002; Ord. 276 (part), 2001)

(Ord. No. 408, 7-28-2016)

A. In any residential subdivision the developer may create lots that are smaller than those required by Section 17.48.010 if such developer complies with the provisions of this chapter.

B.

The intent of this section is to authorize the developer to decrease lot sizes and leave the land saved by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by Section 17.48.010.

(Ord. 276 (part), 2001)

A. In any architecturally integrated subdivision, the developer may create lots and construct buildings in accordance with an approved development plan that governs the size, configuration, land use mix, densities, and other features.

B.

The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized by the village for that tract.

C.

The purpose of this section is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.

(Ord. 276 (part), 2001)

There is established a bulk and intensity review to accommodate new development that is next to R-1, R3, R-R, A-R, or M-H zoned property.

A.

Any new development in the village that will require one hundred or more standard parking spaces, or any restaurant that will require forty or more standard parking spaces, shall undergo a bulk and intensity review, even if the land use within the zone is annotated as a permissive use in the table of permissible uses.

B.

The review will determine if the new development is intended to be constructed adjacent to the above-described zones. If normally a conditional use, all conditional use requirements shall also be met.

C.

Any new development that abuts property within the above-described zones, shall meet the following requirements for bulk and intensity:

1.

Setbacks of structure(s) from any property line adjacent to the above-described zones shall conform to a forty-five-degree angle. This means that the minimum setback of any structure from a property line will be equal to the height of the new building;

2.

Maximum building height shall be thirty-five feet, or one hundred ten percent of the height of the buildings adjacent to the development, whichever is greater;

3.

A review of the new development's potential noise, security challenges, lighting, traffic, odors, dust, vibration, refuse storage and location, hours of operation, and any other possible irritants and health hazards will determine if the development is compatible with adjacent above-described zones;

4.

Any parking lot adjacent to any property line that is adjacent to the above-described zones shall have a fifteen-foot setback. If the residentially zoned property does not have a wall, then the setback area of the parking lot will have screening consisting of a wall at least four feet in height, or sufficient landscaping to provide screening of the parking lot at least four feet high.

(Ord. 276 (part), 2001)

A. Allowable residential densities within the TOD zones shall be in accordance with the following density ranges:

B.

Affordable Housing Density Bonus.

1.

The village shall grant a density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following:

a.

Ten percent of the total units of the housing development as target units affordable to low income households, at a rent that does not exceed thirty percent of sixty percent of area median income, as adjusted for assumed household size;

b.

Five percent of the total units of the housing development as target units affordable to very low income households, at a rent that does not exceed thirty percent of fifty percent of the area median income, as adjusted for assumed household size;

c.

Ten percent of the total units of the housing development as target units affordable for purchase to low to moderate income households, at an affordable ownership cost that does not exceed thirty-five percent of sixty to eighty percent of area median income, as adjusted for assumed household size; or

d.

A senior citizen housing development.

2.

In determining the number of density bonus units to be granted, the maximum residential density for the site shall be multiplied by 0.20, unless a lesser number is selected by the developer. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

3.

The affordable units shall be designated units, be comparable in bedroom mix and amenities to the market-rate units in the development, and be dispersed throughout the development.

4.

The dwelling units shall remain available and affordable for a period of at least thirty years or longer as may be required by other laws.

(Ord. 356 (part), 2008)

In order to minimize visual distractions and to foster a transit and pedestrian-oriented environment, buildings zoned TOD-MU and TOD-R shall be designed using the following guidelines:

A.

Entry Location and Treatment.

1.

Building entrances shall be oriented to the primary street frontage. Where a lot has multiple street frontages, the primary frontage for the purpose of building orientation shall be Main Street, Courthouse Road, Luna Avenue, Los Lentes Road, or Highway 314 and respective frontage roads, where the aforementioned order shall determine primary frontage in the event of adjacency to two or more of the listed streets. No development shall be permitted to place or orient buildings on a lot in such a way so as to treat the primary street frontages as a rear/side lot line.

2.

If a building is adjacent to the transit platform, transit station, a transit street, or a major pedestrian accessway, at least one main building entry shall be oriented to the adjacent transit platform, transit station, transit street and/or major pedestrian accessway. A pedestrian way shall be provided from the building entry to the transit platform, transit station, transit street, or major pedestrian accessway.

B.

Building Massing. Building massing shall highlight the location of building entries. Primary pedestrian entries shall be clearly expressed.

C.

Multifamily residential developments zoned TOD-MU or TOD-R shall include useable open space as follows:

1.

Fifteen percent of residential site area shall be designated for publicly-accessible usable open space in such forms as patios, plazas, courtyards, or widened sidewalk areas;

2.

Usable open space must be a minimum of eight feet wide;

3.

Fifteen percent usable open space is not required if the property in question is within one-fourth mile walking distance of a designated park, plaza or usable open space that is accessible to the public.

(Ord. 356 (part), 2008)