The following restrictions set forth in this chapter shall apply in all zoning districts provided for in this title. (Ord. 1985-03, 4-16-1985)

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (21/2) and ten feet (10') above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty feet (50') from the point of the intersection. (Ord. 1985-03, 4-16-1985)

   A.   In General: Notwithstanding any other provisions of this title, fences, walls, and hedges are permitted around any RE rural estate, R-1 single-family residential, TC single-family townhouse and condominium, MR mixed residential, or MF multi-family residential required yard, or along the edge of any yard; provided, that no fence, wall or hedge along the sides or front edge of any front yard shall be over two and one-half feet (21/2') in height; and provided, that such fences, walls and hedges shall not be constructed of chainlink, wire or other metal materials or plastic and shall not be penetrable by light. Notwithstanding any other provisions of this title, fences, walls and hedges are permitted around any C-1 light commercial, C-2 general commercial, M-1 light industrial, and M-2 heavy industrial zones required storage or parking areas; provided, that no fence, wall or hedge along the sides or front or back edge of any storage or parking areas shall be over six feet (6') in height; and provided, that such fences, walls and hedges shall not be constructed of chainlink, wire or other metal materials or plastic and shall not be penetrable by light. (Ord. 1987-03, 1-6-1987; amd. Ord. 1998-06, 10-6-1998)

   B.   Retaining Walls For Residential Zoned Property: 1. Construction Requirements And Material:

         a.   Permittee shall be responsible for location of property lines and shall be responsible for placement of footings and walls within the property boundaries. The permittee shall also be responsible for location of any underground lines within his property.

         b.   Subgrade for retaining walls shall be compacted to ninety five percent (95%) of modified proctor as determined by ASTM standard D1557.

         c.   Concrete for footings shall attain a strength of two thousand five hundred (2,500) psi in twenty eight (28) days. The bottom of the footings shall be located a minimum of twelve inches (12") below surrounding grade of soil.

         d.   Reinforcing steel for concrete footings shall be deformed bars conforming to ASTM standard A617 and shall be grade forty (40).

         e.   Mortar for rock placement shall be type S conforming to ASTM standard C161 and C270 and shall be mixed in the ratio of one part portland cement by volume with over one-fourth (1/4) to one-half (1/2) parts of hydrated lime or lime putty by volume, and the aggregate shall be not less than two and one-fourth (21/4) and not more than three (3) times the sum of the volumes of the cement and lime used or one-half (1/2) by volume of cement, one part by volume of type II masonry cement, and the aggregate shall not be less than two and one-fourth (21/4) and not more than three (3) times the sum of the volume of the cement used.

Quicklime shall conform to ASTM standard C-5.

Hydrated lime shall conform to ASTM standard C207 and shall be type S or M.

         f.   The rock to be used in construction of the retaining wall shall have an abrasion wear of not more than fifty five percent (55%) as determined by ASTM standard C535 and a soundness loss of not more than twenty one percent (21%) as determined by ASTM standard C88 (magnesium sulfate solution) and the specific gravity shall be not less than 2.50.

         g.   Permittee shall be responsible for calling for inspections of the retaining wall during construction and the inspections shall be as follows:

            (1) Inspection Schedule:

               (A) Prior to placement of the concrete footing, the permittee shall call for an inspection of the footing excavation and reinforcing steel placement.

               (B) At approximately fifty percent (50%) completion of the rock retaining wall, the permittee shall call for an inspection of the rock placement. Rock retaining walls twenty four inches (24") or less in thickness shall have bond stoned with a maximum spacing of three feet (3') vertically and three feet (3') horizontally and if the retaining wall is of greater thickness than twenty four inches (24"), it shall have one bond stone for each six (6) square feet of wall surface on both sides.

         h.   Backfill material to be placed adjacent to the retaining walls shall be a granular soil. Expansive type soils are prohibited as backfill materials.

         i.   Any rock retaining wall required to retain more than six feet (6') of fill or required to support a sloping fill or surcharge shall be designed by a structural engineer licensed to support a sloping fill or surcharge shall be designed by a structural engineer licensed to practice as such in the state of New Mexico.

            (1) In lieu of the design contained in this subsection B for rock retaining walls, permittee may submit a separate design.

            (2) Any design submitted by permittee shall be designed by a structural engineer, licensed to practice as such in the state of New Mexico. The design shall be submitted with the design calculation and the drawings prepared for construction of the rock retaining wall shall be sealed with the engineer's seal.

            (3) The inspection schedule shown herein shall be followed and the construction material shall conform to the specifications contained herein when a separate design is submitted.

      2.   Enforcement Provisions:

         a.   Offenses:

            (1) Every violation of this subsection B constitutes an offense.

            (2) Each day a violation of this subsection B exists constitutes a separate offense.

      3.   Enforcement Authority:

         a.   The code enforcement division is authorized to issue citations for violations of this subsection B and file criminal complaints in municipal court alleging violations of this subsection B.

         b.   The municipal court may impose a fine for each offense, not to exceed five hundred dollars ($500.00) for each day the violation is found to have occurred. In addition to any fines thus imposed, the municipal court is authorized to issue orders for removal or other judgments of the municipal court (including failure to pay fines previously imposed) shall constitute contempt of court and may be separately punished at the discretion of the municipal court. (Ord. 00-01, 1-18-2000)

No accessory building shall be erected in any required front yard, and no separate accessory building shall be erected within five feet (5') of any property line or required easement, and in no case shall be within ten feet (10') of any other building or structure. (Ord. 1989-04, 6-7-1989)

More than one structure housing a permitted or permissible principal use may be erected on a single lot if yard and other requirements of this title are met for each structure as though it were on an individual lot. (Ord. 1985-03, 4-16-1985)

The height restrictions contained in chapters 5 through 8 of this title do not apply to ordinary and necessary spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 1985-03, 4-16-1985)

Every building hereafter erected or moved shall be on a lot adjacent to and with vehicular access to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection, and required off-street parking. (Ord. 1985-03, 4-16-1985)

No major recreational equipment shall be parked or stored on any lot in a residentially zoned district except in a carport, enclosed building, or in a required rear yard; provided, however, that such equipment may be parked anywhere on a residential premises for a period not to exceed twenty four (24) hours during loading and unloading operations. No major recreational equipment shall be attached to public utilities, parked for living, sleeping or housekeeping purposes when parked or stored on a residentially zoned lot or any location not designated for that purpose. (Ord. 1989-04, 6-7-1989)

Automotive vehicles or trailers of any kind or type without current license plates or in inoperable condition shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. (Ord. 1985-03, 4-16-1985)

   A.   Wrecking Or Junkyards; Enclosure: Any wrecking or junkyard including those existing prior to adoption of this Title shall have constructed a complete surrounding solid wall or fence at least ten feet (10') high which shall hide from public view the wrecking or junkyard premises. Wire or chain link fences are prohibited.

   B.   Mobile Homes; Skirting: Any mobile home permanently placed and no matter what size shall be skirted, be it a mobile home placed prior to or after the adoption of this Title. (Ord. 1985-03, 4-16-1985)

Exterior walls of all buildings and improvements on residentially zoned lots or locations shall be constructed of masonry, adobe, frame stucco, shingles, or wood siding. The roof of all buildings and improvements shall be surfaced with tile, gravel, shingles or other permanent type construction material. (Ord. 1989-04, 6-7-1989)

   A.   Materials: No residence or other building or improvements on any residentially zoned lot or location shall be constructed of "boxed" or "sheet metal" construction except for modern "mobile homes" as defined in Section 10-1-1 of this Title and all other restrictions of this Title.

   B.   Structures: No tent, shack, or barn shall be erected, placed or permitted to remain on any lot in any residentially zoned lot or location except as allowed in the RE Rural Estate Zone restrictions. (Ord. 1989-04, 6-7-1989)

All water and sewer improvements, systems, and fixtures shall be connected to the public utilities and all lavatories, toilets, bath facilities, and kitchen facilities shall be built indoors and constructed to comply with the State and local health authority regulations and all applicable codes. Under no circumstances shall the erection or use of outside toilet facilities be allowed. (Ord. 1989-04, 6-7-1989)

   A.   Animals And Fowl: No residentially zoned lot or location shall be used for the purpose of raising hogs, goats, sheep, rabbits, horses, cattle, fowl, mules of other animals except as allowed by RE Rural Estate Zone District regulations. The occupant of each residential lot may, however, keep domestic animals.

   B.   Commercial Dog Kennel: No commercial dog kennel shall be erected or maintained on any residentially zoned lot or location except as allowed by zone district regulations of this Title. (Ord. 1989-04, 6-7-1989)

No public nuisance or offensive, noisy, or illegal trade, calling or act shall be enacted, suffered, or permitted in any portion of the City. (Ord. 1989-04, 6-7-1989)

No building, structure, improvement, or any part thereof shall be constructed or permitted to extend over or encroach upon any street, easement, public right of way, property line or required building setback. (Ord. 1989-04, 6-7-1989)

   A.   Easements; Ordinance Restrictions: All grants, sales, leases, and conveyances of lots and locations shall be subject to the street and utility easements of record at the time of the sale, grant, lease or conveyance and shall be further subject the allowances and restrictions of this Title. Any individual, corporation, or agent of any individual or corporation proceeding as grantor, seller, lessor, or conveyor of any lots, locations, or real property shall disclose to the grantee, buyer, lessee, or receiver, prior to the execution of the grant, sale, lease, or conveyance the following information:

      1.   A legal description of the property.

      2.   The zone district classification of the property.

      3.   All pertinent zone district regulations of the actual property noting all allowances and restrictions on the property as mandated by this Title, as amended, and by Title 5, Chapter 1, Article F of this Code.

   B.   Oral Presentation; Accompanying Documents: Such disclosure shall be orally presented to the grantee, buyer, lessee, or receiver in the first language of the grantee, buyer, lessee, or receiver and shall be accompanied by direct copies of the referenced ordinances. (Ord. 1989-04, 6-7-1989)

No oil drilling, oil development operations, quarrying or mining shall be permitted or allowed on any lot or location not specifically established as permissible by this Title. (Ord. 1989-04, 6-7-1989)

All structures, buildings, and improvements shall be in compliance with applicable code requirements of Sunland Park and the State of New Mexico. A building permit shall be acquired from the building inspection office prior to commencing construction on any structure, building, or improvement. (Ord. 1989-04, 6-7-1989)