The purpose of this Zone is to provide for agricultural activities and low density residential uses that are conducive to a rural atmosphere and to allow conventional on-site constructed single-family dwelling units. (Ord. 1985-03, 4-16-1985)

Agricultural activities, as follows, provided the lot has an area of at least two (2) acres:

   A.   Home occupation related to the raising of agricultural products or horses.

   B.   Swine, fowl, goats, sheep, and cattle are prohibited.

Incidental structures such as private workshops, storage or greenhouse, of similar construction appearance as the main residence.

Nursery products, the raising of. (Ord. 1985-03, 4-16-1985)

A use permit shall be required for the following conditional uses:

Churches, hospitals, schools, and religious and philanthropic institutions; provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this Title and to provide setback from all property lines a distance of at least one foot (1') for each foot of building height.

Kennel, veterinary hospital. (Ord. 1985-03, 4-16-1985)

   A.   Minimum Lot Area: Six thousand feet (6,000').

   B.   Minimum Yards:

      1.   Front: Twenty feet (20').

      2.   Side: Five feet (5').

      3.   Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)

No building or structure shall exceed thirty five feet (35') in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy, may exceed this height. (Ord. 1985-03, 4-16-1985)

Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)

Sign restrictions shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)

The purpose of this zone is to provide for single-family residential uses and agricultural activities in a semi-rural atmosphere with acreage lots. (Ord. 1998-01, 2-3-1998; amd. Ord. 2006-07, 5-16-2006)

Site-built single-family detached structures, limited agricultural uses and accessory structures.

   A.   Size and Location:

      1.   Lot Size: Minimum parcel size shall be no less than one (1) acre.

      2.   Density: Housing density shall permit no more than one (1) residential structure per one (1) acre of land and not more than one (1) residence per legally divided lot.

      3.   Dwelling Unit Size: The minimum dwelling unit size may not be less than one thousand seven hundred (1,700) gross square feet. The maximum dwelling unit size shall be restricted by height and setback regulations.

      4.   Main Structure Setbacks: Minimum setbacks for the main structure, including covered porches, attached garage or attached carport:

         (a)   Front: forty-five feet (45').

         (b)   Side: fifteen feet (15').

         (c)   Rear: twenty feet (20').

      5.   Accessory Structure Setbacks: Minimum setbacks for accessory structures of any size, use, or type of construction, including covered porches, garages, or carports:

         (a)   Front: forty-five feet (45').

         (b)   Side: fifteen feet (15').

         (c)   Rear: twenty feet (20').

         (d)   From main structure: ten feet (10').

      6.   Height Limitations: No buildings or structures shall exceed two (2) stories in height for single-family dwellings or more than thirty-five feet (35') for all other structures or buildings, except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy, may exceed this height.

   B.   Fencing:

      1.   Height: Fencing, or garden walls, temporary or permanent, built on the front setback area of the property can not be over thirty inches (30") in height of solid wall, the wall may be built six feet (6') in height provided the Section above the thirty inch (30") solid wall has six foot (6') spans between each six foot (6') column, between each column rod iron can be used to fill in the remaining forty-two inches (42") above the thirty inch (30") solid wall. The maximum height of a fence in front or behind the front setback area shall not exceed six feet (6').

      2.   Materials: All fencing in the front setback shall be of rock or masonry materials. Chain link fencing shall not be installed in the front setback area or on a side lot line abutting a side street. Chain link fencing may be allowed in all other areas if approved by the planning and zoning commission through the special use permit procedure.

   C.   Agricultural Activities: Only the following agricultural activities shall be allowed, those uses not listed or that are more intense, may be allowed if a special use permit is granted by the planning and zoning commission:

      1.   Large Farm Animals: Not more than three (3) of any combination of large (forty-four inches (44") or higher, measured from the shoulder) farm animals such as horses, llamas, cattle, etcetera may be raised, reared or kept per one (1) acre of land plus one (1) additional animal for each additional one- half (1/2) acre thereafter, provided they are not kept, reared or maintained for any commercial purposes and that the premises be kept in a sanitary condition free of noxious and offensive odors and pestulants. Non-farm animals (pets) such as dogs, cats, pigeons, fish, snakes, etcetera are regulated by title 5, chapter 2 of this code.

      2.   Small Farm Animals: Not more than twenty (20) or any combination of small (forty-four inches (44") or smaller, measured from the shoulder) farm animals such as chickens, geese, pigs, rabbits, etcetera shall be permitted; provided, that they are maintained in a confined manner which will not endanger or harm the overall health of the community or obstruct other uses within this zone and are not kept, reared or maintained for any commercial purposes. Non-farm animals (pets) such as dogs, cats, pigeons, fish, snakes, etcetera are regulated by title 5, chapter 2 of this code.

      3.   Small-scale Agricultural Plots: On property of one (1) acre in size or less, small-scale agricultural plots, or what is generally referred to as "sustainable systems" or "house gardens", are permitted to be incorporated into the landscape including the growing of medicinal herbs, native plants, vegetables, and fruit and nut trees; provided, that these uses do not endanger or harm the overall health of the community.

      4.   Large Scale Agricultural Uses: On properties larger than one (1) acre in size, commercial scale agricultural uses are allowed. This is to include only the growing of plants and related activities for agricultural purposes and does not include processing, packaging, sale, silo storage, or manufacturing processes.

      5.   Greenhouses: Greenhouses are permitted for growing high-value, space intensive crops and sprouting seedlings.

   D.   Architecture For Accessory Structures: No building or structure shall be erected or altered on any lot unless the same is done in good and workmanlike manner and such building or structure shall be maintained in neat outward appearance. Exterior walls of any buildings and improvements shall be constructed of new materials, and all exterior surfaces shall be painted with at least two (2) coats of good quality paint. Garages and second living quarters shall be constructed of the same material as the main dwelling.

   E.   Use Of Gray Water: The collection and reuse of wash and bath or "gray" water shall be permitted within the confines of an individual owner's residential area for house gardens, ornamentals, and enhancement of native vegetation.

   F.   Mobile Homes: Mobile homes are prohibited. (Ord. 1998-01, 2-3-1998; amd. Ord. 2006-07, 5-16-2006)

The community development department may require that any structure, use or activity be reviewed by the community's architectural control committee, homeowner's association, or similar instrument should one exist. Said review shall take place prior to review by the city of an application for any type of building permit proposed to be issued on the property. (Ord. 1998-01, 2-3-1998; amd. Ord. 2006-07, 5-16-2006)

The intent of this Zone is to allow only conventional on-site constructed single-family dwelling units and those uses which maintain the predominantly residential nature of the District. (Ord. 1998-05, 10-6-1998)

One single-family dwelling unit per lot.

Accessory uses or buildings customarily incidental to a residential area, including work shops, garages, etc.

Storage of a boat, camper, trailer or other major recreational equipment as long as such boat, camper, trailer or vehicle is not used as a dwelling or accessory living quarters and is not connected to utilities. The boat, camper, trailer, or vehicle must be stored in a rear yard, and may not be parked in the front yard or street for more than a twenty four (24) hour period. (Ord. 1985-03, 4-16-1985; amd. Ord. 1989-04, 6-7-1989)

A use permit shall be required for the following conditional uses:

The construction of one single-family dwelling unit; provided, that, prior to construction of such unit, a building permit is obtained from the City; and provided, that the duration of construction for such unit from start to completion does not exceed two (2) years. Mobile homes or trailers, connected to available utilities and used as living quarters during the construction of a building on the premises, is eligible only for a one year permit. Such a permit shall not be renewed for more than one additional one year period. After a permit has expired, the mobile home or trailer shall be removed from the site.

Churches.

Hospitals or clinics.

Real estate sales office in connection with a specific development, allowable only as a renewable conditional for six (6) months at a time.

Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club.

Schools.

Any other use which is compatible, as determined by the Planning and Zoning Commission, with the residential nature of this Zone, and shall be considered for approval only after a public hearing for which the adjacent property owners within three hundred feet (300') have been notified at least ten (10) days prior to the hearing. (Ord. 1985-03, 4-16-1985; amd. Ord. 1989-04, 6-7-1989)

   A.   Minimum Lot Area: Six thousand (6,000) square feet.

   B.   Minimum Yards:

      1.   Front: Twenty feet (20').

      2.   Side: Five feet (5'), except on a corner lot the minimum setback on the street must be ten feet (10').

      3.   Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)

No building or structure shall exceed thirty five feet (35') in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy may exceed this height. (Ord. 1985-03, 4-16-1985)

Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)

Sign restrictions shall be as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)

   A.   All dwellings, conventional or manufactured homes, shall maintain a minimum of six inches (6") to a maximum of twelve inches (12") finish floor level above finish grade.

   B.   "Natural ground grade" shall be defined as the existing grade before placement of manufactured home or slab. "Finish grade" shall be defined as the finish floor of the home minus six inches (6") and sloping away from the home. The finish grade may or may not be the same as the natural grade. (Ord. 1998-05, 10-6-1998)

The intent of this Zone is to provide for sites for townhouses, condominiums, and uses incidental thereto. (Ord. 1985-03, 4-16-1985)

Permissive uses include all uses permissive in the R-1 Zone. (Ord. 1985-03, 4-16-1985)

   A.   Uses conditional in the R-1 Zone.

   B.   Such other uses specifically granted by the City Planning and Zoning Commission to implement the development plan including waivers of provisions or regulations as necessary. (Ord. 1985-03, 4-16-1985; amd. 2000 Code)

   A.   Minimum Lot Area: Three thousand (3,000) square feet per townhouse. Townhouse lots shall have a width of not less than twenty four feet (24') per dwelling unit. (Ord. 1989-04, 6-7-1989)

   B.   Yards: No minimum yard size for condominiums; however, townhouses shall have the following minimum yard sizes:

      1.   Front: Fifteen feet (15'), except where frontage is on a standard residential street as an extension of R-1 Zone development or which street extends to serve R-1 Zone development; in which case, regulations pertaining to R-1 Zone setback shall apply and, also, except that setback for a carport shall be not less than twenty feet (20') or five feet (5') greater than principal building.

      2.   Side: No required side yard setback, except there shall be not less than fifteen feet (15') on the intersecting street side of corner lots; and where a standard residential street is to become the side frontage, the provisions of subsection B1 above shall apply.

      3.   Rear: Fifteen feet (15'). (Ord. 1985-03, 4-16-1985)

   C.   Floor Area Ratio To Lot Size: The maximum floor area ratio to lot size shall be 0.6. (Ord. 1989-04, 6-7-1989)

Height limitations shall be the same as R-1 Zone. (Ord. 1985-03, 4-16-1985)

Two (2) off-street parking spaces per dwelling unit plus one space additional for each bathroom in the unit over one. (Ord. 1985-03, 4-16-1985)

Sign restrictions shall be the same as R-1 Zone. (Ord. 1985-03, 4-16-1985)

There shall be provided on site a minimum of seven hundred fifty (750) square feet of usable open space per dwelling unit. (Ord. 1985-03, 4-16-1985)

A townhouse, condominium area may be planned and developed to include irregular street alignment and minimum widths, on-site drainage without curb and gutter and with protective provisions for shoulders as determined by the technical staff of the City, and bicycle paths and walkways as are conducive to the purposes of the development. Nothing herein shall be construed to waive applicable standards for construction of asphalt streets. (Ord. 1985-03, 4-16-1985)

The purpose of this Zone is to provide for the development of residential housing and certain other uses which are compatible with the development of the neighborhood. (Ord. 1985-03, 4-16-1985)

   A.   Dwellings, Mobile Homes And Modular Dwelling Units:

      1.   Placement Permit Required: One single-family dwelling per lot, including mobile homes and modular dwelling units; provided, however, that prior to placement of a dwelling unit, a permit shall be acquired from the City Building Inspector. On application for the permit, the applicant must show that a mobile home is:

         a.   As defined in Section 10-1-1 of this Title.

         b.   Will be stabilized and anchored in accordance with the Manufactured Housing Act of New Mexico1.

      2.   Certificate Of Occupancy Required: Subsequent to placement of the mobile home and inspection by the City Building Inspector, approving the placement, a mobile home shall not be occupied until an occupancy permit has been granted by the City Building Inspector. An occupancy permit shall not be granted until:

         a.   Skirting: The mobile home is completely skirted with solid and aesthetically compatible material of the same type, color, and texture as the outer siding of the mobile home.

         b.   Deck Or Porch: A solid deck or porch area, which need not be covered or enclosed, is constructed at the main entrance which is at least equal in size to five percent (5%) of the heated area of the mobile home.

      3.   Fences Or Walls: If fences or walls are constructed, they shall be approved by the City Building Inspector. If constructed, they shall be a minimum of three and one-half feet (3h/2') high but no more than two and one-half feet (2V2') high in front and on sides of front yards. They shall be constructed in such a manner as not to cause increased quantity or velocity of runoff to neighboring property. (Ord. 1989-04, 6-7-1989)

      4.   Noncompliance; Removal Of Mobile Home: Failure to comply with all requirements of this Article shall require removal of the mobile home within a twenty (20) day period. After failure to comply within the twenty (20) day period, the owner shall be subject to Section 10-2-5 of this Title. (Ord. 1986-16, 6-17-1986)

   B.   Apartments and duplex units. (Ord. 1985-03, 4-16-1985)

      1.   NMSA §§ 60-14-1 to 60-14-18.

A use permit shall be required for the following conditional uses:

The construction of one single-family dwelling unit, addition to a mobile home or a dwelling unit, the construction of an approved accessory building or a use customarily incidental to a residential area including workshops, garages, etc.; provided, that a building permit is acquired from the City Building Inspector prior to the construction of any building, and provided that the duration of construction of any building does not exceed two (2) years.

Church and incidental facilities.

City of Sunland Park

Noncommercial library, museum and art gallery.

Public utility structure, such as transformer, switching, pumping, and similar technical operations essential to the operation of a public utility, but not including a power generation plant.

Recreation facility (community, nonprofit).

Schools. (Ord. 1985-03, 4-16-1985; amd. Ord. 1989-04, 6-7-1989)

   A.   Minimum Lot Area: Six thousand (6,000) square feet.

   B.   Minimum Yards:

      1.   Front (Not Including Hitches): Fifteen feet (15') except twenty feet (20') in front of garages and carports.

      2.   Side: Seven and five-tenths feet (7.5'), except on a corner lot the minimum side yard shall be ten feet (10').

      3.   Rear: Fifteen feet (15'). (Ord. 1989-04, 6-7-1989; amd. 2000 Code)

Same as for R-1 Zone. (Ord. 1989-04, 6-7-1989)

Off-street parking shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)

Signs shall be limited as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)

The purpose of this Zone is to allow higher density residential uses. (Ord. 1985-03, 4-16-1985)

   A.   Permissive uses as allowed in R-1 Zone.

   B.   Apartments and duplex units. (Ord. 1985-03, 4-16-1985)

Churches.

Hospitals or clinics.

Professional and semi-professional offices.

Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six (6) month period at a time.

Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club.

Any other use which is compatible, as determined by the Planning and Zoning Commission, with the residential nature of this Zone, and shall be considered for approval only after a public hearing for which the adjacent property owners within three hundred feet (300') have been notified at least ten (10) days prior to the hearing. (Ord. 1989-04, 6-7-1989)

   A.   Minimum Lot Area: Four thousand (4,000) square feet per dwelling unit for the first two (2) dwelling units plus nine hundred (900) square feet for every additional dwelling unit over the second dwelling unit. (Ord. 1990-07, 11-7-1990; amd. 2000 Code)

   B.   Minimum Dwelling Unit Size: Eight hundred fifty (850) square feet.

   C.   Minimum Yards:

      1.   Front: Fifteen feet (15') except twenty feet (20') in the front of garages and carports.

      2.   Side: Seven and one-half feet (7.5') except on a corner lot, the minimum side yard is ten feet (10').

      3.   Rear: Fifteen feet (15').

      4.   Floor Area Ratio: The maximum floor area ratio to lot size shall be 0.60.

   D.   Minimum Lot Dimensions:

      1.   Width: Fifty five feet (55').

      2.   Depth: One hundred feet (100').

   E.   Variances: Variances to any of the above restrictions will be reviewed on a case-by-case basis. Final variance approval will be given by the City Council. (Ord. 1990-07, 11-7-1990)

No building or structure shall exceed forty five feet (45'). (Ord. 1985-03, 4-16-1985)

Off-street parking requirements shall be as provided in Chapter 13 of this Title. (Ord. 1985-03, 4-16-1985)

Signs shall be limited as provided in Chapter 14 of this Title. (Ord. 1985-03, 4-16-1985)

The intent of the city of Sunland Park in creating this zone designation is to provide for the protection and preservation of environmentally and culturally vulnerable areas. The city recognizes that as the steward of the land within its jurisdiction it has an obligation to preserve vistas, view sheds, archeological, paleontological, and/or historical sites, ecologically sensitive areas and places of significance to the citizens of the city and the region. Further, it is the intent that this designation apply to land that for the most part has development constraints due to topography, location, access, lack of infrastructure, and lack of the availability of basic services. It is therefore necessary to limit the intensity of development to large tracts of land.

   A.   The preservation district zone designation is to be placed on property when the following circumstances are present:

      1.   When by the nature of its use, such as regional transmission of electricity, or its natural limitation, such as being subject to flooding, severe slopes, difficult terrain, difficult access, lack of appropriate infrastructure, archeological, paleontological, and/or historical sites, or a view shed to be protected for posterity make the property inappropriate for habitation or intensive development. (Ord. 03-06, 8-5-2003)

Agriculture.

Residential uses at a density of not less than one unit per forty (40) acres. (Ord. 03-06, 8-5-2003)

The following uses may be permitted subject to a conditional use permit:

Grading operations for road construction.

Private recreational facilities and ancillary commercial uses such as snack bars and gift shops that are a subordinate part or element of the facility.

Public parks and recreation facilities.

Public utility structures and public service facilities that serve a regional or interstate purpose.

Other uses not involving buildings or other permanent improvements, and not involving the permanent scarring or destruction of land forms. (Ord. 03-06, 8-5-2003)

The uses listed here are examples of prohibited uses and not meant to be an all encompassing list:

Uses that involve the destruction of the land such as mining operations, plant harvesting, grading other than for roads.

Other uses not listed in sections 10-5G-2 and 10-5G-3 of this article are expressly prohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use or improvement is in compliance with the PD district provisions. (Ord. 03-06, 8-5-2003)

   A.   One unit per forty (40) acres. (Ord. 03-06, 8-5-2003)

   A.   All newly created lots shall meet the following minimum net dimensions:

      1.   Area: Forty (40) acre net lot area.

      2.   Depth: No minimum.

      3.   Width: No minimum. (Ord. 03-06, 8-5-2003)

Areas within the preservation district are to be protected from extensive building encroachment. Necessary amenities or appurtenant structures, i.e., picnic shelters, or clubhouses, may be allowed in those areas where such facilities are warranted or necessary providing approval is granted under appropriate provisions of this code. (Ord. 03-06, 8-5-2003)