(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 step-back 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, homeowner 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)