Rio Rancho City Zoning Code
ARTICLE III
SUPPLEMENTAL REGULATIONS AND STANDARDS AND ZONING DISTRICTS TABLES
§ 154.50 ZONING TABLE/RESIDENTIAL.
District | Minimum Lot Area (in square feet) | Minimum Lot Width (in feet) | Setbacks (in feet) | Maximum Building Height1 (in feet) | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
Front | Rear | Side | Corner | Garages | ||||||
Front Loaded | Side Loaded | Alley Loaded | ||||||||
E-1 | 21,780 | no min | 35 | 25 | 102 | 10 | 35 | 35 | 0 | 32 |
M-H | 5,000 | 50 | 20 | 15 | 5 | 10 | 20 | 15 | 0 | 22 |
R-14 | 7,000 | 60 | 20 | 15 | 53 | 10 | 20 | 15 | 0 | 32 |
R-2 | 5,000 | 50 | 15 | 15 | 53 | 10 | 20 | 15 | 0 | 32 |
R-3 detached | 3,000 | 35 | 15 | 5 | 53 | 10 | 20 | 15 | 0 | 32 |
R-3 attached | 1,200 | 28 | 20 | 0 | 0 | 10 | 20 | NA | 0 | 32 |
R-3 M-F | 10,000 | 70 | 20 | 15 | 7.5 | 10 | NA | NA | 0 | 50 |
R-4 | 4,000 | 40 | 15 | 15 | 53 | 10 | 20 | 15 | 10 | 32 |
R-5 | 2,500 | 35 | 10 | 15 | 53 | 10 | 20 | 15 | 10 | 32 |
R-6 | 10,000 | 70 | 20 | 15 | 7.5 | 10 | NA | NA | 10 | 78 or 6 stories |
R-6 detached | 3,000 | 35 | 15 | 5 | 53 | 10 | 20 | 15 | 0 | 32 |
R-6 attached | 1,200 | 28 | 20 | 0 | 0 | 10 | 20 | NA | 0 | 32 |
Notes: | |
|---|---|
1 | No building or structure shall exceed 32 feet in height except as permitted herein. |
2 | In the case where the side setback requirement in total is greater than 20% of the lot frontage, the side setback may be reduced to five feet. |
3 | Zero lot line setbacks are allowed on one side with a 10-foot setback on the opposite side. |
4 | The minimum lot area assumes that the lot is serviced by community utilities. If on-site water and/or sewer were used, then lot sizes required by the New Mexico Environmental Improvement Division shall apply. |
5 | Setbacks for pools and sports courts, freestanding wind energy units and flagpoles, please see Section 154.60(B). |
(Ord. 18-20; Am. Ord. 24-19)
§ 154.51 ZONING TABLE/NONRESIDENTIAL.
District | Minimum Lot Area (square feet and/or acres) | Minimum Lot Width (in feet) | General Building Setbacks (in feet) | Maximum Building Height (in feet) | ||||
|---|---|---|---|---|---|---|---|---|
Front | Rear | Side | Corner | |||||
Allowed with Conditional Use | ||||||||
O-1 | 10,890 (1/4 acre) | NONE | 10 | 01 | 01 | 10 | 60 | NA |
NC | 10,890 (1/4 acre) | NONE | 10 | 01 | 01 | 10 | 60 | NA |
C-1 | 21,780 (1/2 acre) | NONE | 10 | 01 | 01 | 10 | 50 | 78 |
C-2 | 21,780 (1/2 acre) | NONE | 10 | 01 | 01 | 10 | 50 | 78 |
M-1 | 21,780 (1/2 acre) | NONE | 10 | 02 | 02 | 10 | 100 | NA |
MU-A | 87,1203 (2 acres) | NONE | 10 | 01 | 01 | 10 | 32 (single-family) 78 (multi-family) 85 (vertical mixed) | NA |
A-R | 43,560 (1 acre) | 100 | 35 | 25 | 10 | 10 | 32 | NA |
T-Z | 7,000 | 60 | 35 | 25 | 10 | 10 | 32 | NA |
Notes: | |
|---|---|
1 | Unless abutting a residential zone; then a 10-foot setback with landscaped buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet in height, the building shall have a stepback of one foot for each additional four feet of height up to the maximum height of the district. |
2 | Unless abutting a residential zone; then a 25-foot setback with a 10-foot buffer is required for buildings up to 35 feet in height. For portions of a building greater than 35 feet, the building shall have a stepback of one foot for each additional four feet of height up to the maximum height of the district. |
3 | Minimum lot area may be smaller with an approved conditional use permit for small neighborhood mixed use center or infill. |
(Ord. 18-20; Am. Ord. 24-19)
§ 154.60 RESIDENTIAL.
(A)
Primary structures.
(1)
All dwelling units shall be permanently affixed to a permanent foundation. No dwelling unit shall be temporary in nature. Permanent foundations for dwelling units that are not site built shall comply with New Mexico Manufactured Housing Division Rules and Regulations (NMAC 14.12.2) for permanent foundations.
(2)
Each dwelling unit must have either an attached or detached private garage structurally affixed to a permanent foundation of sufficient size to at a minimum park automobiles and/or light trucks. The number of parking spaces shall be in accordance with off-street parking requirements. The garage shall have an external appearance and finish treatment similar to and consistent with the dwelling unit and shall be completed and issued a certificate of occupancy no later than 12 months after occupation of the dwelling unit.
(3)
Each dwelling unit shall have a roof meeting one of the following minimum criteria:
(a)
A pitched roof with a minimum slope of two and one-half inches in every 12 inches and no less than six-inch overhangs.
(b)
A flat roof with parapets at least six inches in height above the finished roof.
(c)
These overhang, roof pitch and private garage requirements shall not apply to any dwelling unit, building or structure constructed or installed prior to December 23, 1999. Notwithstanding the above, conversions of preexisting or post-December 23, 1999, private garages are prohibited unless another private garage is constructed to replace the converted private garage.
(4)
Each single-family dwelling unit shall have exterior siding and roofing which, in color, materials and appearance, are comparable to the predominant materials in use on surrounding dwelling units, or, if there is no predominance, are similar to the exterior siding and roofing material commonly in use on residential dwelling units in the community as a whole.
(5)
All dwelling units must face the address street or create a presence on the address street. Street presence can be created by including elements such as windows, site walls, gates, portals, courtyards and landscaping in the architectural design or site plan.
(6)
All front steps necessary for access due to a difference in grade between the front door and/or the floor of the dwelling unit and finished grade shall be permanently installed and shall be constructed of stone, concrete or masonry materials.
(7)
An all-weather driveway shall be constructed from the property line to the private garage or carport, or to any other area designated for off-street parking in accordance with Section 154.76.
(8)
All utility service and distribution lines shall be placed underground. All liquid propane installations shall be either behind the primary structure from the address street or placed underground.
(9)
Sites shall be prepared in such a manner that positive drainage of surface water is maintained and directed away from the dwelling unit as per state regulations.
(10)
With the exception of subsection (A)(2) of this section, all requirements of this section shall be completed within a reasonable time after occupation of the dwelling unit not to exceed 120 days.
(11)
Usable recreation space: 50 square feet for each studio or one-bedroom dwelling unit, 100 square feet for each two-plus bedroom dwelling unit for uses in the R-6: Multi-Family Residential District as defined in the “usable recreation space” definition.
(B)
Height regulations, exceptions, special circumstances.
(1)
Public and semipublic buildings such as schools, churches, or hospitals shall not exceed 50 feet in height, provided there is an additional stepback of one foot for every four feet of height above 32 feet.
(2)
Antennas, chimneys, flues, vents, or similar structures shall not exceed over 10 feet above the specified maximum height limit.
(3)
Water towers and mechanical equipment shall not extend over five feet above the specified maximum height limit.
(4)
Church spires, bell towers and like architectural projections may extend over the maximum height limit.
(5)
Satellite dishes may not exceed the permissible height of the building they are attached to, and may not have a dish diameter that exceeds 36 inches.
(6)
Amateur radio antenna to a height of 65 feet from grade is permitted; anything above 65 feet from grade may be allowed by the approval of a conditional use permit.
(7)
Flagpoles shall not exceed 32 feet in height and shall be set back 10 feet from any property line.
(8)
Patio covers, and covered balconies, shall not exceed the height of the building to which they are attached.
(9)
Freestanding wind energy units – 2:1 height to setback ratio with a 40-foot maximum height.
(10)
Sports courts and pools – five feet on side and rear lot lines. Corner side setback of 10 feet except for pools.
(11)
R-3: Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use. All trash containers shall be screened from a public right-of-way by decorative wall or enclosure that shall be not less than two feet above the height of the trash container or compactor.
(C)
Building envelopes. If a building envelope is included at the time of plat, appropriate placement of the building envelope within the setback area will be allowed. Envelopes may be placed within the setback area for the following reasons:
(1)
To preserve open space;
(2)
To preserve native plant material on the site;
(3)
To preserve natural drainage courses; and
(4)
To preserve views of nearby lots.
(D)
Projections into setback area. The following structures are permitted to project into the established setback area for the lot or parcel as indicated:
(1)
Patio covers. A patio cover may encroach to within five feet from the side property lines and five feet from the rear property line.
(a)
The setback shall be measured from the supporting posts; however, the overhang of a patio cover may not extend closer than three feet from a property line.
(b)
Any patio cover extending into the established setback area for the lot or parcel may not be permanently enclosed with any materials, including wood, metal, canvas, plastic, glass or any other screening material. A permanently enclosed patio must conform to the setback standards applicable to the main dwelling.
(c)
The height of the patio cover shall not exceed 12 feet.
(2)
Architectural features. Bay windows, fireplaces, roof eaves, chimneys and similar architectural features may encroach no more than two feet into any required setback area, provided the encroachments: remain at least three feet from the property line; and do not increase the living space of the structure at the floor level.
(3)
Carports. Refer to Chapter 154.70(A)(7).
(4)
Lots adjacent to open space. On any lot which adjoins a golf course, park area, common open space or similar open space, open balconies or open decks may extend up to 10 feet into the required setback from the dwelling and toward the open space; provided, however, that the projection extends no closer than five feet from the property line.
(5)
Unenclosed decks with floor surfaces no more than 30 inches above grade and unenclosed porches and balconies may extend into the rear yard a distance of up to one-half of the required rear yard.
(6)
Fireproof outside stairways projecting into a minimum yard not more than three and one-half feet may be permitted where same are placed so as to not obstruct light and ventilation.
(7)
Mechanical equipment. Mechanical equipment such as air-conditioning units, pool filtering and heating equipment, water softeners, and similar mechanical equipment may occupy the required rear and side yard setback areas if such mechanical equipment does not restrict the required access through such setback areas as determined by DSD. If screening is provided, screening should be designed to allow for access to utility facilities. All screening and vegetation surrounding ground-mounted transformers and utility pads are to allow 10 feet of clearance in front of the equipment door and five feet of clearance on the remaining three sides for safe operation, maintenance and repair purposes.
(E)
Landscaping.
(1)
E-1, R-1, R-2, R-3, R-4, R-5.
(a)
Landscaping. All single-family residential development shall include the installation and maintenance of landscaping in the front yard, and when an unscreened side yard abuts a street right-of-way, in that side yard as well. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight-foot-high conifers (evergreen trees) and three five-gallon shrubs, or the equivalent thereof in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. The installation of cool season turf grass in residential front yards is prohibited. Cool season turf grass is permitted in side and rear yards but shall not exceed 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials in front yards shall be limited to species that are not listed as high water use on the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. After October 31, 2011, future homeowner association bylaws or new restrictive covenants shall not have requirements that conflict with the landscaping restrictions contained herein. Effective the date of the ordinance codified in this chapter, home-owner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.
(2)
Multi-family dwellings. All multi-family residential development shall include the installation and maintenance of landscaping throughout the site. A minimum of two trees, each of a minimum one and one-half inches in caliper (deciduous trees) or eight feet high (evergreen trees), and three five-gallon shrubs or the equivalent thereof per dwelling unit in accordance with a written plan submitted to and approved by the Director of Development Services, or that person’s official designee, shall be installed within a reasonable time after occupation of the dwelling unit not to exceed 120 days. Cool season turf grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 15% of the total lot area. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky Bluegrass), Festuca spp. (Fescues), and Lolium spp. (Ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation. Effective the date of the ordinance codified in this chapter, homeowner association bylaws or new restrictive covenants shall not mandate a minimum amount of live grass.
(Ord. 18-20; Am. Ord. 21-14; Am. Ord. 22-20)
§ 154.61 NONRESIDENTIAL.
(A)
Height regulations, exceptions, special circumstances.
(1)
Trash containers and trash compactors – 15 feet from the property line when adjacent to land planned or zoned for a single-family residential use.
(a)
All trash containers and trash compactors shall be screened from a public right-of-way by decorative wall or enclosure and shall be not less than two feet above the height of the trash container or compactor.
(2)
Flagpoles – 25 feet from any property line, with a maximum height of 50 feet. Pole heights greater than 50 feet may be approved by a conditional permit.
(B)
Buffer and landscaping.
(1)
Buffer wall. The buffer wall shall be a minimum of six feet in height and shall be constructed of masonry, sealed adobe, brick, or chain link with winged slats or other solid material.
(a)
Where nonresidential property abuts residential property, or is separated from residential property only by an alley, easement, roadway, thoroughfare, or right-of-way less than 100 feet in width, the nonresidential property shall have a wall or other opaque barrier along the side(s) and/or rear property line(s) adjacent to or facing the residential property. Side walls required by this subsection shall run from the front fascia of the nonresidential building to the rear lot line.
(b)
Where the nonresidential district is separated from the residential district by an easement, roadway, thoroughfare, or right-of-way greater than 100 feet in width, or a privacy wall already exists on the residential property, only buffer landscaping shall be required.
(c)
If the buffer wall plus retaining wall have an effective height of over eight feet on the residential side, the city shall decide the required height.
(2)
Buffer landscaping.
(a)
Landscaped buffer areas shall be a minimum of 10 feet in width measured perpendicular to the buffer wall, or from the property line if no wall is required.
(b)
The landscaped buffer areas shall include a minimum of one buffer tree per 25 feet, or an approved equivalent screening density. Minimum tree sizes at the time of planting shall be three-inch caliper, or 30-inch boxed variety or 30-gallon container, or at least 10 feet in height.
(c)
Where nonresidential property abuts residential property, the landscaped buffer shall be located inside the buffer wall.
(d)
Where the nonresidential district is adjacent to the residential district and is separated by a public thoroughfare, the landscape buffer shall be located outside the wall, or when there is no wall the landscape buffer shall abut the property line. In cases where the building is acting as a partial wall buffer, the landscape buffer may be more than 10 feet in width to allow for the appropriate building setbacks.
(e)
Buffer trees may be a mix of conifers and deciduous trees; however, the emphasis shall be placed on conifers.
(f)
Buffer landscaping shall be maintained and kept clean of debris and weeds. Any buffer planting shall be maintained permanently and any plant material which does not live shall be replaced within one year or one growing season.
(3)
Landscaping. Appropriate landscaping shall be provided for visual relief along the frontage of the parcel; provided, that no less than 10% of the lot shall be landscaped, and no less than one-fourth of the 10% shall be located on the front. Cool season grass shall be limited to areas designated for recreational use and shall be limited to a maximum of 1,000 square feet or 20% of the total lot area, whichever is less. Cool season turf grasses include but are not limited to the following species: Poa pratensis (Kentucky bluegrass), Festuca spp. (fescues), and Lolium spp. (ryegrasses). Plant materials shall be limited to species that are not listed as high water use in the City of Rio Rancho plant list. Existing turf and other plants installed prior to October 31, 2011, are exempt from this regulation.
(C)
Any lighting shall comply with the Night Sky Protection Act and be placed so as to reflect the light away from adjacent residential districts.
(D)
The use of corrugated metal siding shall not compose more than 20% of a building facade. The use of architectural metal siding as an architectural element of a building that is finished with a powder coating designed to withstand natural elements for a minimum of 20 years is encouraged as long as the metal panels used are composed of two or more colors if metal is the dominant building material used.
(E)
No unreasonable noise, odor, or vibration shall be emitted by uses outside the boundaries of the Commercial District. Such comparison shall be made at the boundary of the Commercial District.
(Ord. 18-20; Am. Ord. 19-17)
§ 154.70 ACCESSORY BUILDINGS, STRUCTURES AND USES.
(A)
Accessory buildings or structures, including accessory dwelling units but not to include structures for livestock or fowl, are allowed in residential zones, provided such accessory buildings or structures meet the following design standards:
(1)
Accessory buildings, dwelling units, and structures shall not exceed the height of the primary structure or 24 feet, whichever is greater;
(2)
The exterior of any accessory building, accessory dwelling unit, and structure encompassing more than 250 square feet shall be constructed of materials similar in color and appearance to those used in the primary structure or shall have a facade similar to that of the primary structure. Accessory structures greater than 600 square feet shall be constructed of the same materials or have the same facade as the primary structure;
(3)
Accessory buildings shall not exceed 75% of the size of the primary house or 15% of the lot area, whichever is greater;
(4)
By definition, an accessory building may not be constructed without the existence of the primary structure, the dwelling unit;
(5)
Sheds of 120 square feet or less are not required to be set back from the property line; provided, that the structure is located behind the required front setback line, and on a corner, is not located in a side yard that is visible from the street;
(6)
Accessory dwelling units, as defined in Article I, Section 154.03, shall not exceed 900 square feet or 50% of the primary structure, whichever is greater, and shall be on a lot 7,000 square feet or greater in area. Accessory dwelling units shall have an additional parking space that does not block a two-car garage;
(7)
Carports, when located in the front or side yard, are subject to the following additional conditions:
(a)
Carports shall not be located closer than 10 feet from the front property line;
(b)
Carports in the side yard shall meet the following criteria:
1.
Carports in the R-2, R-3 and R-4 zoning districts shall not be greater than 300 square feet in size and 12 feet in height, and carports in E-1 and R-1 zoning districts shall not be greater than 500 square feet in size and 13.5 feet in height; and
2.
Carports shall not overhang or drain onto the adjacent property; and
3.
Carports shall be open on not less than two sides; and
4.
Carports shall not be placed in the side yard if adjacent to an existing carport in the neighboring side yard; and
5.
The structure and floor surfaces shall be constructed using only approved noncombustible materials; and
6.
Carports may encroach on public utility easements with an encroachment agreement signed by all relevant utilities.
(Ord. 21-15; Am. Ord. 22-20)
§ 154.71 OUTSIDE STORAGE AS AN ACCESSORY USE.
Outside storage as an accessory use, provided:
(A)
A buffer wall as described in Article III, Section 154.61(D)(1);
(B)
Proposed outside storage areas shall be delineated as such on applicable site or development plans;
(C)
Stored materials shall not be stacked or arranged above the height of the screen wall or fence. If a stored vehicle or other individual item exceeds the height of the screen wall or fence, it shall be stored no less than 15 feet from an abutting property or right-of-way;
(D)
Storage of inoperable vehicles or operable heavy equipment shall comply with this section; however, parking areas for operable personal vehicles of customers and employees, and display areas for sales or rental of operable vehicles, are not considered outside storage.
(Ord. 18-20)
§ 154.72 PERMANENT OUTDOOR SALES DISPLAY.
Permanent outdoor sales display, provided:
(A)
Any area proposed for a permanent outdoor sales display shall be delineated as such on applicable site or development plans;
(B)
No permanent outdoor sales display shall be allowed in areas set aside, required, or designated for driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking, or loading/unloading;
(C)
No permanent outdoor sales display shall be located within any clear sight triangle as defined by code or in any manner that would limit adequate sight distances for interior vehicular traffic movement.
(Ord. 18-20)
§ 154.74 RECYCLING COLLECTION CENTERS.
Recycling collection centers; provided, that they are an accessory use, and:
(A)
Applicants provide site plans which show lot dimensions, location and dimensions of proposed structures/facilities, parking, proposed signage, landscaping and buffers; if applicable, information with regard to the nature of the operation, duration of the proposed use, and hours of operation, for review and approval by the Planning and Zoning Board.
(B)
Applicants shall provide a statement of responsibility which verifies that, as the host of the operation, the applicant shall be responsible for site maintenance in that it shall be free of litter, refuse, and recyclables.
(C)
The applicant shall include plans with regard to the number and type of collection bins to be used. No open type bins will be allowed.
(D)
Collection centers shall be located at minimum 100 feet from residential property.
(E)
The applicant shall furnish information with regard to the disposal of the collected recyclable ensuring that they will not be disposed of at landfills.
(Ord. 18-20)
§ 154.75 TEMPORARY BUILDINGS AND STRUCTURES.
(A)
Model home requirements – Residential.
(1)
Hours of operation will be 8:00 a.m. to 8:00 p.m.
(2)
Signage shall be in accordance with the Sign Ordinance.
(3)
All freestanding sales offices shall have a minimum of six parking spaces, which shall include off-street ADA-compliant parking as per Section 154.76.
(4)
The time limit for a model home or sales office is five years. DSD may approve time extensions.
(5)
Ten percent of the lot on which each model home or sales office is located shall be land-scaped with shrubs and trees or as per an approved xeriscape landscape plan.
(6)
Each model home or sales office shall have exterior siding and roofing which, in color, materials and appearance, are comparable to the predominant materials in use on surrounding dwelling units. The minimum pitch shall be 2/12.
(7)
All setback and area requirements of the R-1 zoning district apply.
(8)
All modular or manufactured models or sales offices shall be ADA compliant and meet all applicable building, plumbing, mechanical, and electrical code requirements.
(B)
Model home requirements – Nonresidential.
(1)
Setbacks shall be as per standard C-1 requirements or as approved by the Planning and Zoning Board, whichever is greater;
(2)
Landscaping shall be as per standard C-1 requirements;
(3)
Signage shall be as per standard trade sign requirements;
(4)
The time limit for a model home is five years. The Planning and Zoning Board may approve time extensions through the conditional use process;
(5)
Applicants shall submit a site plan which shows lot dimensions, location and dimensions of all proposed structures, proposed signage, land-scaping and landscape buffers, if applicable, for review and approval by the Planning and Zoning Board;
(6)
Restroom must be provided for during hours of operation;
(7)
All nonconformities on the site shall be brought into compliance before a certificate of occupancy is issued;
(8)
The model home/sales office is not to be used for residential purposes;
(9)
Parking shall be as per standard C-1 requirements;
(10)
Restoration of the model home site shall be accomplished within 30 days after the removal of the model home.
(C)
Temporary and construction trailers – Residential.
(1)
Temporary, emergency, construction, and repair residences (residential) for a period not to exceed 21 days before construction, plus the entire period of construction up to 180 days, and not later than 30 days after construction has finished for a total of 231 consecutive days maximum. If an extension is needed, application to the administration is necessary and may be granted for up to 120 days. The dwelling shall be connected to utilities or self-contained and shall not be located in the front setback;
(2)
Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to 12 months and no more than 14 days after construction has finished; provided, that the use of the trailer is for assisting in the security of the construction site and facilitating the delivery of construction material, and that no sales are conducted from the construction trailer either before or after the site development is completed. If an extension is needed, application to and certification from the administration is necessary and may be granted for up to 120 days. Construction trailers will be allowed in R-1, R-2, R-3, R-4, R-5, M-H, and E-1 Districts only where five or more contiguous lots are being developed at the same time, by an individual developer, and the trailer is not to be used for residence.
(D)
Temporary and construction trailers – Nonresidential.
(1)
Temporary structures and enclosures (commercial) used in construction of a building and used for storage of equipment and materials must be removed after the specific construction project is completed and not remain on the premises for more than one month after completion. Temporary commercial structures used for seasonal purposes may be erected for a period of not more than 90 days. But in no case shall the structure or enclosure be present for longer than one week after the ending of the season for which it was intended.
(2)
Construction trailers for a period not to exceed 21 days before construction plus the entire period of construction up to 180 days and no more than 30 days after construction has finished for a total of 231 consecutive days. If an extension is needed, application is necessary and may be granted for up to 120 days.
(Ord. 18-20)
§ 154.76 OFF-STREET PARKING REQUIREMENTS.
(A)
All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that is likely to be attracted to a specific development. Please refer to the following criteria:
(1)
Number of spaces by building type.
Building Type | Number of Spaces |
|---|---|
Single-Family Dwelling | |
Studio or one bedroom | 2 spaces, with 1 space in enclosed garage |
Two bedrooms | 3 spaces, with 2 spaces in enclosed garage |
Three or more bedrooms | 4 spaces, with 2 spaces in enclosed garage |
Multi-Family Dwelling | |
Studio or one bedroom | 1.5 spaces per each studio or one-bedroom unit |
Two bedrooms | 1.75 spaces per each two-bedroom unit |
Three bedrooms | 2 spaces per each three-bedroom unit |
Guest/staff parking | 6 spaces |
Mobile Home | 1 space per dwelling unit |
Hotels and Motels | 1 space for each unit; 1 space for each 2 employees, and additional spaces for any accessory use (see *1 below) |
Hospital or Clinic | 1 space for each bed |
Nursing Home | 1 space per each 0.75 beds |
Medical or Dental Office | 1 space per 300 square feet |
Places of Public Assembly, Including but Not Limited to Churches, Community Centers, Auditoriums, Theaters, Gymnasiums, Arenas, and Mortuaries | 1 space for every 4 seats; if no fixed seats, 1 space for every 40 square feet of gross floor area of main gathering area |
Clubs, Lodges, or Fraternal Organizations | 1 space per 200 square feet of floor area |
Dance Hall, Skating Rink, Fitness Centers or Health Clubs | 1 space per 200 square feet of floor area |
Office, Professional, Retail Businesses, and Public Buildings | 1 space per 300 square feet of floor area |
Restaurant, Bar | 1 space for every 4 seats or 1 per 100 square feet, whichever is greater |
Bowling Alley | 4 spaces per alley |
Industrial, Manufacturing, Wholesale Establishments | 1 space for each 2 employees on largest shift, or 1 space per 1,500 square feet of warehouse, whichever is greater |
Shopping Centers | 5 spaces per 1,000 square feet of gross floor area |
Mixed Uses | The total requirement shall be the sum of the fractional requirements of the various uses computed separately |
Notes: |
|---|
*1 – Parking for accessory uses of restaurants, lounges, banquet and meeting rooms and convention facilities may be reduced by 40%. The 40% reduction does not apply to uses not identified in the sentence above. |
(B)
An applicant for a building permit must submit plans showing location, arrangement, and dimensions of the parking facilities, turning spaces, drives, aisles, and ingress and egress for approval by Development Services Department (DSD).
(C)
The number of required parking spaces must be provided on the same lot where the principal use associated with the parking spaces is located. Spaces may be provided on adjacent or nearby lots; provided, that the number of off-site parking spaces does not exceed 25% of the total number of required spaces. The off-site parking spaces must be located within 300 feet of a public entrance or a principal building housing the use associated with the parking. A developer wishing to take advantage of these provisions must present a legally recorded document indicating that he has the irrevocable permission of the owner or agent in charge of the area where the off-site parking will be located to use such spaces. (See subsections (H) and (I) of this section for options.)
(D)
Design standards.
(1)
All facilities must provide appropriate access to a street, alley or public thoroughfare.
(2)
Parking aisle widths shall conform to the following widths:
(a)
Aisle widths.
Aisle Width | 0° | 30° | 45° | 60° | 90° |
|---|---|---|---|---|---|
One-Way Traffic | 13 | 11 | 13 | 18 | 24 |
Two-Way Traffic | 19 | 20 | 21 | 23 | 24 |
(3)
Driveways shall not be less than 10 feet in width for one-way traffic and 20 feet in width for two-way traffic, except that 10-foot-wide driveways are permissible for two-way traffic when the driveway is no longer than 50 feet, it does not provide access for more than six spaces, and there is sufficient turning space so that vehicles do not need to back onto a public street. Each parking space shall consist of an area of not less than nine feet in width by 18 feet in length exclusive of driveway area, except in the following situations:
(a)
In parking areas containing 10 or more parking spaces, up to 20% of the parking spaces may contain a rectangular area of seven and one-half feet by 15 feet in length; provided, that such spaces are conspicuously designated as reserved for small or compact cars only.
(b)
Wherever parking areas consist of parallel parking spaces, the dimensions of such parking spaces shall not be less than nine feet by 22 feet.
(4)
Vehicle accommodation areas shall be designed so that vehicles may exit parking areas without backing onto arterial streets and shall be designed so that sanitation, emergency, and other public service vehicles can serve the development without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(5)
Parking areas shall be designed so that vehicles do not extend beyond the property lines.
(6)
Parking areas shall be designed so that traffic circulation allows vehicles to proceed safely without posing a danger to pedestrians and other vehicles and without interfering with parking areas.
(7)
Parking areas shall be properly maintained in all respects. In particular, markings shall be kept clearly visible and distinct.
(8)
Parking areas, loading and unloading areas, and the driveways constructed to service those areas shall be paved and/or stabilized with asphalt paving or other suitable material as determined by DSD.
(E)
Accessible parking spaces.
(1)
Accessible parking space size. Each required accessible space shall consist of an area of at least nine feet wide and shall have an adjacent access aisle five feet wide, minimum. At least one of the required accessible parking spaces shall be van accessible, a minimum of nine feet wide with an adjacent access aisle a minimum of eight feet wide. One of every six accessible parking spaces must be designated van accessible. Parking access aisles shall be part of the accessible route to the building or facility entrance and shall comply with this chapter and the Americans with Disabilities Act (ADA). Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.
(2)
Every parking lot shall have a minimum number of designated disabled parking spaces as provided herein (per the current state and federal ADA standards):
(a)
Number of accessible parking spaces.
Total Spaces in Parking Lot | Minimum Designated Accessible Parking Spaces | Number Required to be Van Accessible |
|---|---|---|
1 – 25 | 1 | 1 |
26 – 35 | 2 | 1 |
36 – 50 | 3 | 1 |
51 – 100 | 4 | 1 |
101 – 300 | 8 | 2 |
301 – 500 | 12 | 2 |
501 – 800 | 16 | 3 |
801 – 1,000 | 20 | 4 |
1,000 and over | 20 spaces plus one space for every 100 spaces, or fraction thereof, over 1,000 | One of every six accessible parking spaces, or fraction thereof |
(3)
The designated disabled parking spaces shall be located so as to provide the most convenient access to entryways or to the nearest curb cut or ramp and must be clearly designated as such as per ADA specifications.
(4)
No building permit shall be issued for the construction or substantial renovation of a commercial building inviting public access, unless the parking lot has designated disabled parking spaces as delineated herein.
(5)
A sign or other designation posted after July 1, 2010, at an accessible parking space pursuant to this section shall include the language “Violators are subject to a fine and/or towing.”
(F)
Wherever the normal operation of a development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with the following:
(1)
The area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area given the nature of the development.
(a)
Number of spaces by gross leasable area of building.
Gross Leasable Area of Building | Number of Spaces* |
|---|---|
1,000 to 19,999 | 1 |
20,000 to 79,999 | 2 |
80,000 to 127,999 | 3 |
128,000 to 191,999 | 4 |
192,000 to 255,999 | 5 |
Notes: |
|---|
*The area shall be a minimum of 12 feet by 55 feet with an overhead clearance of 14 feet from grade. |
(2)
Loading and unloading areas shall be located and designed so that the vehicles intended to use them can maneuver safely without obstructing or interfering with any public right-of-way, parking space, or parking lot aisle.
(3)
No area allocated to loading and unloading facilities may be used to satisfy the parking area requirements of the development or vice versa.
(G)
Recognizing that the parking requirements set forth in this section cannot cover every possible situation, or a use is not mentioned, the parking requirements for such use shall be determined by the City Development Department Director, or designee, using this section as a guide, and:
(1)
Whenever the Department allows or requires a deviation from the parking requirements set forth herein, it shall record the parking requirement that it imposes and the reasons for allowing the deviation.
(2)
If the Department concludes, based upon information it receives in consideration of a specific development proposal, that the requirements for a particular use classification are in error, the Department shall initiate a request for an amendment to the table of parking requirements as set forth herein.
(H)
Reduction for mixed or joint use of parking spaces. Upon application under the procedural requirements of a variance the City Planning and Zoning Board may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking. However, in no case may the reduction be less than the required parking for the use with the largest number of required parking spaces plus 40% of the other required parking spaces. All uses must be on the same parcel, or parcels where the closest point between the parcels is a minimum of 250 feet (see also Article III: Supplemental Regulations and Standards). No part of any off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the Planning and Zoning Board shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.
(I)
Reduced parking requirement. Upon application under the procedural requirements of a variance the City Planning and Zoning Board may authorize a reduction in the total number of required parking spaces for nonresidential land uses in areas where a public parking lot or public on-street parking is available to serve and provide parking for a nonresidential land use. The amount of off-street parking may only be reduced by up to 50% of the required off-street parking. Such reduction in required off-street parking does not waive any requirements for a land use or property to improve any off-street parking area necessary to meet the requirements of these regulations, including but not limited to stormwater management, ADA accessible parking, and landscaping. When authorizing a reduction in required off-street parking, the Planning and Zoning Board may impose certain conditions and terms necessary to promote the intent and implement the requirements of these regulations. In determining the degree or amount of parking required for a particular use or location the Planning and Zoning Board’s determination shall be based on the following criteria:
(1)
A property survey and parking site plan, indicating the amount of off-street parking available or proposed for the use and calculations of required off-street parking for the land use;
(2)
The amount and availability of on-street and public parking in the vicinity of the use requesting the reduction;
(3)
The present demand on existing on-street and public parking in the vicinity of the use requesting the reduction; and
(4)
Future availability of on-street and public parking in the vicinity of the use requesting the reduction.
(J)
Bicycle parking. Provisions shall be made for no less than two spaces and up to two percent of the required automotive parking spaces. The bicycle parking area and/or facilities shall be of an acceptable design and location, and shown on the site plan and approved as part of the site plan approval process and final development order and/or building permit.
(K)
Commercial vehicle/equipment on residential property.
(1)
One commercial vehicle/equipment may only be parked on a developed residential property provided:
(a)
It is parked in a parking space; maximum size of nine feet by 28 feet; and
(b)
It is designed as a van, pickup truck or similar vehicle; and
(c)
It is not more than 28 feet in length or no more than 10 feet in height.
(2)
One commercial vehicle/equipment not meeting the requirement of subsection (K)(1) of this section may only be parked on a developed residential property provided:
(a)
Such is parked beyond the profile of the home with lawfully permitted physical blinding to provide visual abatement from the street and the properties adjacent to the subject property.
(b)
A “lawfully permitted physical blinding” means a structure, screening or structure that is in accordance with all existing applicable codes including but not limited to building codes, fire codes, and zoning codes.
(3)
A vehicle that is engaged in the expeditious process of loading or unloading passengers or freight is permitted to be parked for a reasonable time period to permit the loading or unloading.
(Ord. 18-20; Am. Ord. 19-20)
§ 154.77 FENCE/WALL REGULATIONS.
(A)
For the purpose of administering and enforcing this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1)
Fence descriptions.
FENCE/WALL TYPE | FENCE DESCRIPTION |
|---|---|
COMMON FENCE | A fence that straddles a property line. For the purposes of this section, it is assumed that common fences are jointly owned in their entirety by each property owner and that initial construction and any modifications that require city approval beyond typical maintenance require the written permission of each property owner. |
ELECTRICAL FENCE | A fence consisting of wires charged with electricity serving to confine domestic animals or livestock. |
FENCE | A vertical structure taller than one foot, not more than 20 inches wide, which forms a barrier built for the purpose of protection, decoration, confinement, enhancement of privacy, and in some cases built for safety. |
SWIMMING POOL FENCE | A fence that is six feet in height that serves to limit access for safety purposes. |
RETAINING WALL | Any structure that is intended to retain more than 18 inches of soil or similar material. |
(B)
Acceptable materials. Construction materials for fences include common construction materials such as wood, masonry, adobe, chain link, wire mesh, or other materials approved by DSD. Barbed wire, concertina wire, or similar material is only appropriate in the E-1/Estate Residential District where it may be used to confine horses or in M-1 and C-2 Districts. Broken glass in/on fences is strictly prohibited.
(C)
Fences may be placed anywhere within a lot, parcel, or tract of land within the city as specified herein. Fences may not be placed beyond property lines. Fences in the public right-of-way are strictly prohibited. Placement of a fence within an easement requires written permission of the grantee to which the easement is assigned.
(D)
Maximum fence height varies with the location of the fence on the property.
(1)
Fences allowed in the front setback area can reach a maximum height of four feet, except that fence height on corner lots must conform to the specifications under clear sight triangle, as defined in Section 154.03.
(2)
Fences built within the side yard setback, behind the front setback to the rear setback, can be a maximum of six feet.
(3)
Fences built outside the setback area within the buildable area of a lot, parcel, or tract may reach a maximum height of eight feet.
(a)
The maximum fence height on nonresidential property is eight feet where it abuts residential property, along the rear or side property line.
(E)
(1)
Fence height is measured from grade where the fence is located. It is considered a subterfuge of this chapter to pile or berm dirt or other materials and attempt to measure a fence from the top of the berm or from the top of a “pseudo” retaining wall. It is, however, allowed to fill in large areas of a lot, parcel or tract in order to achieve an overall or consistent grade, and then measure fence heights from that grade. A change in grade requires approval by DSD.
(2)
Fences may be placed on top of retaining walls and height will be measured from the grade level of the retained material behind the retaining wall or, in other words, from the highest soil or similar material point.
(F)
Special fences.
(1)
Swimming pool. Fences are required around any swimming pool which is greater than three feet in depth or which exceeds 5,000 gallons. The pool must be enclosed on all sides by a fence or other barrier that provides an impediment of at least six feet thereby limiting access. In the event of a grade separation or the erection of an above ground swimming pool, the six-foot minimum height is measured from outside the fence, while the pool is on the inside. Gates on pool fences are required to be six feet in height with a self-closing latch at least four and one-half feet (54 inches) off the ground. In the case where a common fence cannot be used for a swimming pool fence, the swimming pool fence must be a minimum of four feet in height with a hard cover which complies with the International Building Code.
(2)
Corner lots. Fences in the clear sight triangle as defined in Section 154.03 may not be greater than 30% solid when viewed along a line of sight which is parallel to the hypotenuse of the clear sight triangle.
(3)
Residential fences that abut high intensity nonresidential or multi-family uses may be erected as follows: where a residential lot, parcel or tract abuts an arterial or collector street as defined in the comprehensive plan, or a multi-family or nonresidential zoned property, a fence may be a maximum of eight feet in height along the abutting side or rear property line, behind the front house line.
(4)
Buffer walls. Fences that are required with multi-family or nonresidential development must be erected and continuously maintained so that a six-foot opaque fence exists along the property lines that abut the residentially zoned property.
(5)
Electrical fencing may be placed only on the inside of a fence so that it is not accessible to adjacent property, and requires a conditional use permit.
(G)
Approval process. All fences require a zoning plan review. If the fence is a part of a larger submittal, for example new home construction, the fencing plan review will occur at that time and is inclusive in the plan review fee. If the fence is an improvement to a developed site, a fencing plan review is required.
(1)
Fencing plan review submittal should include the following:
(a)
Application;
(b)
Lot dimensions (sketch);
(c)
Location of existing structures, including retaining walls;
(d)
Location of proposed fence, proposed height, and construction materials (cross-section).
(H)
Exemptions. This section does not apply to fences in existence before the effective date of the ordinance codified in this chapter, as amended, except when the fence is declared a nuisance or hazard as determined by DSD or the Traffic Safety Advisory Committee, such fence may be made to conform with the requirements of this chapter, or removed within 30 days of the closing or transfer or declaration of the fence as a nuisance or hazard.
(Ord. 18-20)
§ 154.78 TRANSFER OF DEVELOPMENT RIGHTS.
(A)
Transfer of horse stabling rights. As authorized and adopted as a conditional use in any zoning district, an applicant seeking allowance for additional horses on any single property by transferring rights from another property must submit an application for a transfer of horse stable rights (TSR) permit. This permit application shall include:
(1)
All requirements and applications for a conditional use permit as set forth in the zoning district regulations.
(2)
The applicant wanting to receive additional horse stabling rights above the allowances for the number of horses in the applicable zoning district will need to submit an application for a TSR, which application shall include:
(a)
The legal addresses and proof of ownership of the sending and receiving properties;
(b)
Proof of the amount of area (acreage) of both the sending and receiving properties;
(c)
A justification letter detailing how the increase in horse stabling rights will not be detrimental to the property, health of the horses, not create additional noise, odors or other nuisances to the surrounding properties;
(d)
Site plan to include layout of enclosures and area for the horses;
(e)
A letter of authorization from the sending property owner;
(f)
A letter of understanding from the sending property owner;
(g)
A draft agreement, in a form acceptable to the City Attorney, between the sending and receiving property owners; and
(h)
Any additional information as may be required by the Development Services Director or designee for the Planning and Zoning Board to make an informed and proper decision.
(3)
The applicant is responsible for all costs associated with advertising, mailing and posting, with any specific costs to be adopted or approved by resolution of the Governing Body.
(4)
The Planning and Zoning Board will conduct the noticed public hearing, hear testimony on and consider the application, and decide if the TSR permit is approved.
(5)
If the TSR permit is approved, and before the permit becomes effective, the property owners must submit to the Development Services Director or designee a recorded and notarized copy of the transfer of horse stabling rights agreement.
(Ord. 18-20; Am. Ord. 21-04)
§ 154.79 CONDOMINIUM DECLARATIONS.
All newly formed condominiums or amended and restated condominiums located within the municipal boundaries of the city shall obtain a written zoning certification letter from the Director of Development Services or their designee that said condominium complies with the local zoning and density requirements, as required in Section 47-7A-6 NMSA 1978 of the Condominium Act. Pursuant to 47-7B-5(13) NMSA 1978, the written zoning certification shall be obtained prior to any formal condominium declaration is recorded in each county in which any portion of the condominium is located and shall be included as a part of any such declaration.
(Ord. 23-26)
