Chapter 18.60 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS

All regulations contained in this title may be modified by general provisions, conditions and exceptions listed in this chapter. [Ord. 94-06 § 1; prior code § 11-2-5.1]

18.60.020 Limitation of land use.

Except as provided in this chapter, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which the building is located. [Ord. 94-06 § 1; prior code § 11-2-5.2]

18.60.030 Clarification of ambiguity.

If ambiguity exists concerning the appropriate classification of a particular use or with height, yard requirements, or zone boundaries, the planning commission shall ascertain all pertinent facts and by formal resolution set forth its findings and interpretations, and forward them to the board of trustees, and if approved by the board of trustees, such interpretation shall govern. [Ord. 94-06 § 1; prior code § 11-2-5.3]

18.60.040 Public utility lines.

The provisions of this title shall not be construed to limit or interfere with the installations, maintenance and operation of any public utility lines providing water, sewage disposal, electric, gas, television, telephone, or telegraph services to the public; provided, such lines are installed, maintained and operated in accordance with applicable laws. [Ord. 94-06 § 1; prior code § 11-2-5.4]

18.60.050 Nonconforming uses cannot be expanded.

A nonconforming use of land or of a building shall not be expanded since it is the purpose of this title to eliminate nonconforming uses at the earliest possible time. However, in a Commercial (C) zone existing single-family residences may be permitted to continue on any lot or parcel of land not used for the indicated zone purposes without being classified as a nonconforming use. [Ord. 94-06 § 1; prior code § 11-2-5.5]

18.60.060 Nonconforming use of land.

The nonconforming use of land, where no main buildings are involved, may be continued for a period of not to exceed five years after the effective date of the ordinance codified in the title, subject to the following conditions:

A. No nonconforming use of land shall be expanded or extended in any way.

B. Where such nonconforming use of land is discontinued for a period of six months, any future use of the land shall be in conformity with the provisions of this title.

C. These provisions do not apply to land used for agriculture or agriculturally related activities.

D. When the nonconforming use is trailers, no additional nor replacement trailers may be used on the lot. [Ord. 94-06 § 1; prior code § 11-2-5.6]

18.60.070 Nonconforming building may be maintained.

A nonconforming building may be maintained; provided, that no additions, enlargements nor structural alterations are made except those required by law or expressly permitted by this title. If any such nonconforming building is removed, future use of the land on which the building is located shall conform to this title. [Ord. 94-06 § 1; prior code § 11-2-5.7]

18.60.080 Alteration of nonconforming buildings as to yard regulations.

A building or structure which does not conform to the yard regulations may be structurally altered; provided, such alteration does not change the horizontal exterior dimensions, or the addition either conforms to the applicable yard regulations or does not project further into any yard than any substantial portion of the existing building or structure. “Substantial portion” for the purpose of this section shall mean 50 percent or more of the length of the wall. [Ord. 94-06 § 1; prior code § 11-2-5.8]

18.60.090 Nonconforming use of conforming building.

When a nonconforming use of a conforming building existed at the time the provisions of this title became applicable to such building so as to make the use thereof a nonconforming use, it may be continued and may be expanded or extended throughout such building, provided no structural alterations are made except those required by law. If the nonconforming use is discontinued for more than 12 months, any future use of such building shall conform to this title. If the nonconforming use is commercial, a different commercial enterprise, offering different products and/or services, may occupy the building if that enterprise is compatible with the residential nature of the neighborhood. Incompatible enterprises might include:

A. Those which generate loud noises, offensive odors, or unhealthy or annoying substances.

B. Those which involve outdoor storage or parking of large or unsightly equipment or supplies.

C. Those which generate extensive traffic.

D. Those that do not meet the parking requirements (MTC 18.60.170).

E. Those which are sources of light or sound which might annoy neighbors between 10:00 p.m. and 8:00 a.m.

A public hearing will be held by the planning, zoning and historical appropriateness commission to discuss each new nonconforming commercial enterprise before that enterprise is recommended for approval. All residents and property owners within 300 feet of the proposed nonconforming use will be notified of the public hearing by registered mail. [Ord. 95-03 § 5; Ord. 94-06 § 1; prior code § 11-2-5.9]

18.60.100 Nonconforming use of a nonconforming building.

The nonconforming use of a nonconforming building may be continued and may be expanded or extended throughout such building provided no structural alterations are made except those required by law. If such nonconforming use is discontinued, any future use of such building shall conform to the provisions of this title. [Ord. 94-06 § 1; prior code § 11-2-5.10]

18.60.110 Reconstruction of nonconforming buildings partially destroyed.

This title shall not prevent the repair of any nonconforming building damaged by fire, explosion, earthquake or other act of God subsequent to the effective date of the ordinance codified in this title; provided, that such repair shall not exceed 50 percent of the floor area of the building nor shall the dollar value of such repair exceed 50 percent of the dollar value of the building immediately prior to the damage. [Ord. 94-06 § 1; prior code § 11-2-5.11]

18.60.120 Nonconforming uses and nonconforming buildings resulting from reclassification.

This title shall also apply to buildings and uses which become nonconforming due to future reclassification of zones or land. [Ord. 94-06 § 1; prior code § 11-2-5.12]

18.60.130 Amortization, general.

Repealed by Ord. 2004-07. [Ord. 94-06 § 1; prior code § 11-2-5.13]

18.60.140 Extension of amortization period.

Nonconforming uses may be allowed to remain beyond the established amortization period defined in MTC 18.60.130; provided, that a petition requesting an extension be signed by a majority of the residents in the area whose properties are within 500 feet of the boundaries of the use, and that the board of trustees, after a public hearing adopts a resolution granting an extension for a specific period of time and with such conditions as may be necessary to protect surrounding properties. [Ord. 94-06 § 1; prior code § 11-2-5.14]

18.60.150 Accessory uses.

Any use customarily accessory and not specifically prohibited to the principal use of a lot or a building permitted in the respective zones may be permitted. [Ord. 94-06 § 1; prior code § 11-2-5.15]

18.60.160 Temporary real estate offices.

One residential structure within any new subdivision may be used as a combined temporary real estate office, or construction contractor’s office and model home; provided, that such structure shall be completely restored to its intended residential use not later than 12 months following the date of the board of trustees accepting the public improvements of the subdivision in which it is located. [Ord. 94-06 § 1; prior code § 11-2-5.16]

18.60.170 Parking requirements and fees.

A. Historical Commercial Zone. Proposed new commercial building sites within the Historical Commercial zone shall provide for permanently maintained on-site motorized vehicle parking spaces pursuant to the parking spaces requirements contained in this section; all existing buildings (commercial and residential) in the H-C zone when the town of Mesilla adopted the land use plan and the zoning ordinance on February 15, 1972, shall be “grandfathered.” The following are specific conditions that may apply to parking in the H-C zone:

1. Grandfathered Commercial Buildings. Existing commercial businesses located within an existing grandfathered commercial building which do not meet the parking requirements of the town of Mesilla may continue provided each business shall pay a yearly fee as stated in subsection (B) of this section at the time of business registration renewal. If a business occupies an existing building in the Historical Commercial zone and does meet the parking regulations, the business shall be exempt from the fee.

2. If expansions/additions of existing grandfathered buildings or changes of occupancies of an existing building cannot accommodate the required parking spaces pursuant to the requirements contained within this section on the business site or on adjacent business-owned property, then the owner(s) must pay the annual assessment listed in subsection (B) of this section. In no case shall any structure that is listed on the historic register be demolished to provide parking.

B. Historical and General Commercial Zones.

1. The required parking fee for commercial operations in the Historical and General Commercial zones shall be based on the following:

a. All commercial operations, other than home occupations as defined in Chapter 18.52 MTC, that have a total of one to five employees come to the site that do not meet the parking space requirements for the operation, as required by the following sections, are required to pay a $150.00 parking fee to the town at the time the business registration is first acquired, and annually when business registration is renewed. If a parking fee is not paid prior to the renewal date, then the business license shall not be issued.

b. All commercial operations, other than home occupations as defined in Chapter 18.52 MTC, that have a total of six to 20 employees in which clients and employees come to the site that do not meet the parking space requirements for the operation, as required by the following sections, are required to pay a $250.00 parking fee to the town at the time the business registration is first acquired, and annually when business registration is renewed. If a parking fee is not paid prior to the renewal date, then the business license shall not be issued.

c. All commercial operations, other than home occupations as defined in Chapter 18.52 MTC, that have a total of 21 or more employees in which clients and employees come to the site that do not meet the parking space requirements for the operation, as required by the following sections, are required to pay a $500.00 parking fee to the town at the time the business registration is first acquired, and annually when business registration is renewed. If a parking fee is not paid prior to the renewal date, then the business license shall not be issued.

d. Fees shall not be prorated.

e. The annual assessment fees shall be placed into a special parking fund to be used for required maintenance, purchasing and creation of parking lots and parking spaces.

f. In no case shall any structure that is listed on the historic register be demolished to provide parking.

2. All new commercial building sites in the General Commercial zone shall provide for permanently maintained on-site motorized vehicle parking spaces pursuant to the parking spaces requirements contained in this section.

C. Parking Space Standards for All Uses. (All areas used for parking calculations are gross floor areas as listed in the county assessor’s records, unless otherwise specified.)

1. Commercial uses – including historical commercial:

USE	PARKING SPACES REQUIRED
Banks	One parking space for each 500 square feet of gross floor area.
Business or professional offices, not including medical professional offices and personal service shops	One parking space for each 500 square feet of gross floor area.
Churches and accessory uses	One parking space for each six seats, or if there are no fixed seats, then one parking space for each 100 square feet of floor space used for assembly purposes.
Establishments for the sale and consumption on premises of food and/or beverages	One parking space for each 100 square feet of gross floor area in addition to one space for each two employees on the maximum shift. One parking space is required for each 100 square feet of outdoor patio area.
Furniture and appliance stores, hardware stores, household equipment, service shops, clothing or shoe repair	One parking space for each 500 square feet of gross floor area.
Hotels and motels	One parking space for each sleeping unit or dwelling unit, in addition to requirements for auxiliary uses such as restaurants or shops.
Community buildings, libraries, museums, administration buildings, art galleries and centers	One parking space for each 300 square feet of gross floor area.
Manufacturing uses not providing customer services on the premises, such as research and testing laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving shops	One parking space per 500 square feet for 5,000 square feet or less; one space per 1,000 square feet over 5,000 square feet.
Small office establishments (law, accounting, engineering, real estate offices, and similar uses)	Two parking spaces for employees, plus one space for each 300 square feet of gross floor area.
Professional services (medical and dental offices, barbers, hairdressers, and similar uses)	One parking space for each 200 square feet of gross floor area.
Mortuaries, funeral homes	One parking space for each 50 square feet of floor area of assembly rooms used for services.
Nonmotorized vehicle sales, machinery sales or wholesale stores	One for each 500 square feet of gross floor area.
Retail stores, except as otherwise specified:
(a) Having not more than 5,000 square feet of floor area	(a) One parking space for each 300 square feet of gross floor area.
(b) Having more than 5,000 square feet	(b) 10 parking spaces plus one parking space for each 300 square feet of gross floor area in excess of 5,000 square feet.
Boardinghouses, bed-and-breakfast inns and similar uses	One parking space for each 120 square feet of floor area used for sleeping purposes, in addition to requirements for auxiliary uses such as restaurants or shops.
Sanitariums, children’s homes, homes for the aged, asylums, nursing homes	One parking space for each two beds.
Schools and learning centers, private	One parking space for each 500 square feet of gross floor area, plus one parking space for each employee as per subsection (B) of this section. For any large assembly area used for group meetings see immediately below.
Stadiums, sports arenas, auditoriums (including school auditoriums) and other places of public assembly and clubs and lodges having no sleeping quarters	One parking space for each two seats or one parking space for each 50 square feet of gross floor area used for assembly and not containing fixed seats.
Theaters	One parking space for each five seats up to 800 seats, plus one parking space for each 10 seats over 800 seats.

2. Residential Uses – Including Historical Residential. All new residential building sites shall provide the required parking spaces pursuant to the parking space requirements contained in this section.

USE	OFF-STREET PARKING SPACES REQUIRED
Dwellings, single-family, all zones	Three off-street parking spaces for each dwelling unit.
Dwellings – multifamily:
(a) Efficiency (studio), no bedroom	One off-street parking space per unit.
(b) One bedroom	Two off-street parking spaces per unit.
(c) Two bedrooms or larger	Three off-street parking spaces per unit.

* Uses requiring special use permits (Chapter 18.55 MTC) shall provide parking pursuant to the above, based on the specific or most comparable use.

D. Parking Spaces for the Handicapped. The minimum number and design of designated handicapped parking spaces for other than one- and two-family dwellings shall be subject to the latest ADA requirements.

E. Parking Requirements for Uses Not Specified. Where the parking requirements for a use are not specifically defined, the planning commission shall determine the numbers based upon the requirements for the most comparable use.

F. General Requirements. The following general requirements shall apply:

1. Size and Access. If off-street parking is provided it shall be located as specified below:

a. Be 10 feet wide by 20 feet long exclusive of drives or aisles. Each space shall be provided with adequate ingress and egress. An enclosed attached or detached residential garage shall not be used to satisfy the requirements for parking spaces unless specifically designed as a community parking facility for more than two dwellings.

2. Location. If off-street parking facilities for a noncontiguous parcel are provided they shall be located as specified.

a. For dwellings, parking facilities shall be located on the same or a contiguous lot;

b. For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than 150 feet from the buildings they serve.

3. Mixed Occupancies in a Building. When mixed use businesses are proposed in a building or strip mall:

a. New or existing: The total parking spaces required shall be one space per 200 square feet of gross area.

b. In structures where the total parking requirements of all the occupants exceeds the total number of parking spaces available, each occupant shall be subject to the annual parking fee in subsection (B) of this section, Historical and General Commercial Zones. The parking requirements for mixed use structures shall be assessed annually at renewal of business registration.

4. Plans. The plan of the parking area shall be submitted with the building permit for the building. The plans shall be drawn to scale and include complete details. (See subsection (G)(1) of this section, Minimum Design Standards.)

G. Every lot used as a public or private parking area shall be developed and maintained in the following manner:

1. Minimum Design Standards.

a. Parking stalls shall allow for of an area 10 feet wide by 20 feet long, measured as a rectangle within the proposed parking space.

b. Aisles for circulation with one-way traffic shall be:

i. For parallel parking: 12 feet wide.

ii. For 30- and 40-degree parking: 15 feet wide.

iii. For 60-degree parking: 18 feet wide.

iv. For 90-degree parking: 24 feet wide.

c. There must be adequate space so that vehicles do not back into a public street.

d. Circulation aisles shall be designed to prevent vehicles entering a public street when driving from one aisle to another.

e. Narrow parking areas with only one aisle for both entrance and exit shall be a minimum of 24 feet in width, and on the side of the parking area furthest from the entrance, have a turning area with a 25-foot minimum radius.

f. One-way entrances and exits shall have a minimum width of 12 feet and combined entrance-exits shall have a minimum width of 24 feet.

g. All entrances, exits and parking stalls shall be clearly marked, including directional markings.

2. Construction Standards.

a. All commercial parking spaces and areas provided under the provisions of this chapter shall:

i. Be paved with base course, asphalt, concrete or other material that would be suitable to the site.

ii. Provide adequate drainage. A drainage plan will be required for all developments including parking; and said plan must be approved by the commission and board of trustees prior to issuance of a certificate of zoning compliance.

iii. Have bumper guards where needed to protect walls, fences, structures, etc.

iv. Be provided with necessary space and aisle safety markings.

b. In All Residential Zones. Crushed stone or crusher fines, for a minimum depth of four inches, is the minimum surface that may be used for driveways or parking areas or similar material as determined by the planning, zoning and historical appropriateness commission.

i. Provide adequate drainage. A drainage plan will be required for all developments including parking; and said plan must be approved by the commission and board of trustees prior to issuance of a certificate of zoning compliance.

In addition to the requirements of subsections (G)(1) and (2) of this section, every parking lot, either public or private, having a capacity of five or more vehicles shall be developed and maintained as follows:

3. Border, Barricades, Screening and Landscaping.

a. Every parking area not separated by a fence from any abutting street or alley property line shall be provided with a suitable concrete or wood curb six inches in height, located two feet from the street or alley property lines. This curb shall be securely installed and maintained; no curb or barrier shall be required across any entrance to the parking area.

b. Every commercial parking area abutting property in the residential zones shall provide a solid wall, view-obscuring fence or compact evergreen hedge six feet in height; provided, that along the required front yard the fence, wall or hedge shall not exceed 48 inches in height.

c. Any lights illuminating any parking area permitted by this title shall reflect the light away from any nearby dwelling unit and meet the requirements of Chapter 18.50 MTC, Outdoor Lighting.

4. Entrances and Exits. The location of all entrances and exits must be approved by the commission. A clear sight triangle must be maintained at each exit.

5. Recreation vehicles and buses are required to park in designated areas.

6. The “No Parking” zones at intersections shall be 30 feet pursuant to state law.

H. Bicycle parking is not required, but is encouraged.

I. Businesses that meet the requirements of subsections (C) and (G) of this section shall be exempt from the parking assessment fees.

J. Existing parking lots not in compliance with subsection (G) of this section shall be brought into compliance within two years of the date of acceptance of this amendment. [Ord. 2017-01 § 1; Ord. 2009-03 § 1; Ord. 2004-01 § 3; Ord. 2003-03 § 1; Ord. 2001-04 § 3; Ord. 94-06 § 1; prior code § 11-2-5.17]

18.60.180 Area requirements deemed met.

Any lot or building site shall meet the minimum area requirements when:

A. It existed as an entire lot, or as an entire parcel, for which either a deed was on record in the office of the county clerk, or a bona fide contract of sale was in effect prior to March 14, 1972.

B. It is legally subdivided after the effective date of the ordinance codified on March 14, 1972.

Any lot or building that is deemed to be legal and meets the area requirements because of this section shall not be deemed nonconforming simply because it exists on less than the area required by the code. [Ord. 2021-01 § 3; Ord. 94-06 § 1; prior code § 11-2-5.18]

18.60.190 Height of buildings.

No structure shall be erected, reconstructed, or structurally altered to exceed the height limits established by this title. [Ord. 94-06 § 1; prior code § 11-2-5.19]

18.60.200 Additional story permitted.

Where the average slope of a lot is greater than one foot in five feet of horizontal distance, an additional story will be permitted on the downhill side of any building. [Ord. 94-06 § 1; prior code § 11-2-5.20]

18.60.210 Regulations for vertical structures.

A. Definitions.

1. “Commercial tower” means a freestanding vertical structure that may or may not have various attachments thereto, which is intended to radiate and/or receive radio frequency signals for the purpose of providing a commercial service to the public. Commercial tower uses include, but are not limited to, cellular communications, paging stations, TV stations, AM and FM radio stations, two-way radio base stations, communication mobile services, common carrier wireless services and communications used for intra-business and inter-business purposes. Commercial towers are excluded from the C, H-C and H-R zones.

2. “Personal (private) tower” means a freestanding vertical structure that may or may not have various attachments thereto, which is intended to radiate and/or receive radio frequency signals for the purpose of radio communications without the intent of commercial service. Personal tower uses include, but are not limited to television signal reception, amateur radio stations, AM and FM radio signal reception and citizen band (CB) base stations. Personal (private) towers are excluded from the C, H-C and H-R zones.

3. “Monopole (freestanding) tower” means a single vertical pole that has no guywires for support and serves as a mounting platform for radio frequency antennas. Monopole towers are excluded from the C, H-C and H-R zones.

4. “Lattice (freestanding) tower” means a freestanding vertical structure that is composed of individual components, where each vertical leg of the structure is connected by criss-crossed members that create a hollow structure. Lattice structures are excluded from the C, H-C, H-R, R-1, RA and RF zones.

5. “Guyed tower” means a freestanding vertical structure that gains its support from tension wires attached at various locations to the structure and converging to one or more anchors at ground level. Guyed towers are excluded from the C, H-C and H-R zones.

6. “Total structure height” means the total height of a freestanding vertical structure shall be measured from ground level to the topmost attached structure placed on the tower. Total structure height shall include all mounting standards, antennae and lighting.

7. “Allowable structure height” means the height of a freestanding vertical structure that is allowed by ordinance or approval of a special use permit.

8. “Antenna” means an attached structure designed to radiate and/or receive radio frequency (RF) emissions. An antenna design includes, but is not limited to, the following:

a. Monopole, dipole, discone;

b. Horizontally and vertically polarized TV and FM, yagi;

c. Mesh or solid parabolic;

d. Array, phased array and others protected by a radome;

e. Shaped-element.

9. “Flag pole” means a freestanding, single vertical pole that has no guywires for support and is used for the purpose of displaying a flag. Flag poles are allowed in all zones: C, H-C, H-R, R-1, RA and RF. The height of a flag pole is limited to five feet above the roof structure of the building with which the flag pole is associated.

B. Heights for Attached Structures. Attached structures, including but not limited to belfries, chimneys, antennas and parapet walls, may be constructed to a height five feet above the structure to which it is attached.

C. Requirements for Freestanding Vertical Structures.

1. Structures shall not be used for sleeping or eating quarters, nor allowed for additional floor space.

2. Structures shall be set back from property lines one foot for each one foot in height plus 10 percent of the total height of the vertical structure.

3. Structures shall not exceed the height in each zone as measured from ground level vertically to the highest point of the freestanding vertical structure.

4. Structures shall be constructed to meet Uniform Building Code standards and have manufacturer’s specifications to withstand 90-mile-per-hour winds.

5. Structures shall conform to Federal Communications Commission and Federal Aviation Administration regulations if applicable.

D. Heights for Freestanding Vertical Structures Permitted by Right by Zone.

H-R, H-C, C	None, they are excluded from these zones
R-1	30 feet
RA	40 feet
RF	50 feet

[Ord. 97-02 § 1; Ord. 97-01 § 1; Ord. 94-06 § 1; prior code § 11-2-5.21]

18.60.220 Yard regulations.

Every required front, side and rear yard shall be open and unobstructed from the ground to the sky; provided, that when the common boundary line separating two or more contiguous lots is covered or partially covered by a building or when two or more such lots are used as a single building site, such lots are a single building site and the yard spaces as required by this title shall then not apply to the common boundary line. [Ord. 94-06 § 1; prior code § 11-2-5.22]

18.60.230 Yards required on corner lots.

In any residential zone, other than the H-R and H-C zones, all buildings on a corner lot abutting upon two streets shall have a minimum setback of 10 feet from the side lot line. [Ord. 94-06 § 1; prior code § 11-2-5.23]

18.60.240 Through lots to have two front yards.

A through lot shall maintain a front yard setback on each street. [Ord. 94-06 § 1; prior code § 11-2-5.24]

18.60.250 Front yard requirements deemed met.

Any front yard requirement is met when the depth of the front yard at least equals the average of that established by front yards of existing buildings within the same block or zone. [Ord. 94-06 § 1; prior code § 11-2-5.25]

18.60.260 Front yards of unimproved lots.

The front yards on lots in any block where all existing main buildings have front yards greater than required for the particular zone shall be not less than the minimum depth of any existing front yards, but need not be more than 10 feet greater than the depth required. Buildings which are located in the rear half of the lot shall not be considered in applying this section. [Ord. 94-06 § 1; prior code § 11-2-5.26]

18.60.270 Setback lines measured from property lines.

Wherever front, side, and rear yards are required, the depth shall be measured from the property line. [Ord. 94-06 § 1; prior code § 11-2-5.27]

18.60.280 Irregularly shaped lots.

In lots having more than four boundary lines or lots which vary considerably from a rectangular shape, the rear lot line is the line most nearly opposite from and parallel with the street line on which the lot abuts. In the case of triangular lots, the rear lot line shall be a straight line 15 feet in length which is parallel to the front lot line and intersects the two side lot lines at points most distant from the front lot line. [Ord. 94-06 § 1; prior code § 11-2-5.28]

18.60.290 Permissible reduction of side yard.

On previous lots of record less than 60 feet in width, the required side yard may be reduced one and one-half inches for each foot such lot is less than 60 feet; provided, that the width of the side yard shall not be reduced to less than three feet. [Ord. 94-06 § 1; prior code § 11-2-5.29]

18.60.300 Commission may modify.

The planning commission may, by resolution, establish standard practices by which to determine an appropriate and practical modification of required front, side, and rear yard depths or widths in all zones if geometric shape, dimensions or topography make impractical the literal application of yard requirements in this title. Following adoption of standard practices, and approval by the board of trustees, they shall be applied as an administrative act. [Ord. 94-06 § 1; prior code § 11-2-5.30]

18.60.310 Permissible coverage of required rear yard.

Canopies or roofs and accessory buildings in a rear yard shall not be more than 50 percent of the required area. [Ord. 94-06 § 1; prior code § 11-2-5.31]

18.60.320 Structures permitted to intrude into required yards.

The following structures may intrude into any required yard which is five feet or greater in width or depth:

A. Cornices, eaves, buttresses, or other similar architectural features: one and one-half feet.

B. Fireplace structures not wider than eight feet: two feet intrusion.

C. Open stairways, balconies, and fire escapes: two and one-half feet.

D. Uncovered patios which are below the floor level of the first floor: two and one-half feet into required side and rear yards and six feet into required front yards.

E. Planting boxes or masonry planters not exceeding 42 inches in height: two feet.

F. Guard railings around ramps: two and one-half feet. [Ord. 94-06 § 1; prior code § 11-2-5.32]

18.60.330 Modification of required front yards.

The depth of required front yards may be modified on unimproved lots between lots having nonconforming front yards of a depth less than required by this title. The modification may be equal to the average depth of the front yards on the two adjacent lots; provided, that it is at least 15 feet. [Ord. 94-06 § 1; prior code § 11-2-5.33]

18.60.340 Wall, fence, or hedge.

A. Height (see illustration in Appendix A).

1. A six-foot maximum height above ground surface level shall be permitted on any part of the required setbacks of front yards or side yards abutting a street in H-R and H-C zones; provided, such wall, fence or hedge is in accord with subsections (D) and (G) of this section.

2. A four-foot maximum height above ground surface level shall be permitted on any part of the required setbacks of front yards or side yards abutting a street in R-1, RF and RA zones; provided, such wall, fence or hedge is in accord with subsection (D) of this section. A six-foot maximum height above ground surface level shall be permitted on any part of the required front yard or side yard abutting a street with openwork fencing in the RF and RA zones. “Open work” fencing is defined as fencing with 40 percent of the area transparent within each six-foot width of fence.

B. Walls, fences or hedges on any part of the lot that is to the rear of the required front yard must be in accord with subsection (D) of this section and constructed to Uniform Building Code Standards.

C. Any wall retaining four or more feet of soil must be designed and signed by a professional engineer registered in the state of New Mexico.

D. There shall be no fence, wall, hedge, or obstruction more than three feet above street curb level or ground level at edge of street in the clear sight triangle, measured 30 feet in both directions on the property line from a corner. (See Appendix B.)

E. Walls or fences constructed within the front yard setback area facing a street within the H-R, H-C, R-1 zones must be built with the following materials only: stucco, brick, stone, wood, adobe and wrought iron.

F. No wall, fence or hedge shall be permitted in a public right-of-way.

G. No walls, fences, hedges or other obstructions may be placed near exits from driveways or parking areas which block a driver’s view of approaching traffic for a distance of 90 feet in both directions. The following explanations will further define this unobstructed view (also, see illustrations in Appendix C):

1. The driver’s eye level may be from three to eight feet above the driveway’s surface and located as far as 10 feet back from the curb line or pavement edge.

2. Those portions of approaching cars which are more than three feet above the roadbed must be within view of the exiting driver.

3. Approaching cars must be visible when driving in the center of any legal lane.

4. Minor gaps are permitted in the required field of view caused by tree trunks, sign posts, or other narrow objects if they could not conceal a small automobile.

H. A wall may exceed six feet if it is compatible with the development zone, as defined in the Guidelines and Criteria for Preservation and Development manual (YGUADO Plan), and is connected to the building where it surrounds a courtyard, patio, or open room and the height of the wall is to provide privacy and/or environmental protection. The wall shall not exceed the height of the corresponding building nor at any time exceed 10 feet. This criterion shall not be considered for a perimeter wall (property line fence). [Ord. 2006-10 § 1; Ord. 2001-09 § 1; Ord. 94-06 § 1; Ord. 93-08; prior code § 11-2-5.34]

Appendix A – Fences, Walls and Hedges

Appendix B – Clear Sight Triangle

Appendix C – Required Unobstructed View

18.60.350 Alley may apply to depth of rear yard in certain cases.

Where a rear yard opens onto a public alley, one-half of the width of such alley may be considered as applying to the depth of the rear yard up to 50 percent of the required depth. [Ord. 94-06 § 1; prior code § 11-2-5.35]

18.60.360 Lot area not to be reduced.

No lot shall be so reduced or diminished that the yards or other open spaces shall be smaller than required by this title. [Ord. 94-06 § 1; prior code § 11-2-5.36]

18.60.370 Lots not to be reduced to size below minimum required area.

No lot shall be reduced in size so that the area is less than the minimum required area for a lot except when the reduction results from partial acquisition for public use. [Ord. 94-06 § 1; prior code § 11-2-5.37]

18.60.380 Area for public buildings and utility buildings may be reduced.

Where a lot or building site is exclusively public buildings and uses, and owned by a political subdivision or by a public utility company, and no living quarters are located on such lot a special use permit may be issued authorizing a reduction in the minimum required area. [Ord. 94-06 § 1; prior code § 11-2-5.38]

18.60.390 Location of accessory buildings.

Detached accessory buildings in any residential zone shall conform to the following regulations as to their location on the lot or building site:

A. They may be constructed in a required rear yard; provided, they cover no more than 50 percent of the required rear yard area, but not within seven feet of the rear property line if that is the side property line of an adjoining lot. [Ord. 94-06 § 1; prior code § 11-2-5.39]