§ 16-272. Yards.

(a)

Corner lots in residential districts.

(1)

On a corner lot in a residential district, the owner has a choice of which yard is the front yard and to construct the dwelling unit accordingly, unless the front yard is designated on the recorded plat of the subdivision.

(2)

The elected or designated front yard shall conform to the site development requirements for the district. The other yard abutting a street is a side yard and shall have a minimum setback of 15 feet or the setback required by section 16-271, whichever is larger.

(b)

Double frontage or through lots. On double frontage lots, one yard shall be designated as the front yard, and the other yard abutting a street shall be the rear yard, but shall be subject to all site development requirements of a front yard of the district. Fences and hedges in the required rear (second front) yard are subject to the height limitations of a rear yard as defined in subsection (a)(1) of this section, except that when the rear yard faces or is adjacent to the front yard of a neighboring lot, the height limitations and setback requirements of a front yard shall be imposed as defined in section 16-271(a), required front yard.

(c)

Lots in commercial or industrial districts abutting residential properties. Any lot in commercial or industrial districts which abut a residential district have a minimum side or rear yard setback equal to the required minimum side or rear yard setback of the adjoining residentially zoned lot.

(d)

Projections into required yards.

(1)

Eaves, cornices, sills, chimneys, awnings and other nonstructural features may project no more than two feet into any required yard.

(2)

Fire escapes and fire-resistive outside stairways may project into any required rear or side yard as permitted by the latest version of the New Mexico Building Code adopted by the county.

(3)

A roofed breezeway connecting a main structure and accessory structures may project into the required rear yard in any residential district if the breezeway is a minimum of five feet from all lot lines and open on all sides except for the supporting posts.

(4)

Covered patios, porches or decks attached to the main structures may extend to a maximum of 40 percent of the distance into the required rear yard; provided, however, that the space under the cover is open on at least three sides; the covers may not extend into the required front or side yards, except in the R-4 and R-1-5 districts, where a covered, one-story porch, open on three sides, may encroach not more than five feet into the required front yard. In both cases, the eave of the patio or porch cover may project an additional two feet into the required yard.

(5)

Uncovered porches or decks may extend 40 percent of the distance into a required rear yard but may not extend any distance into a required side or front yard. Uncovered walkways, driveways, steps, patios or courtyards may extend any distance into any required yard.

(6)

Open balconies or bay windows may project five feet into any required rear yard and two feet into the required front yard.

(7)

A carport, consisting of a roof that has no walls, or wholly or partially enclosed walls, except those that are part of the main structure, shall project no more than 40 percent of the distance into the required front yard setback.

(e)

Exceptions to yard requirements. On any lot in a residential district, minimum setbacks are reduced to the smallest of the following:

(1)

The setback as it existed on March 31, 1965;

(2)

On other than a corner lot, the average of the setbacks as they existed on March 31, 1965, on the abutting lots fronting in the same direction;

(3)

On other than a corner lot, the average of the setback as it existed on March 31, 1965, on an abutting lot fronting in the same direction and the minimum setback required by section 16-271; and

(4)

For any corner lot, the average of the setback as it existed on March 31, 1965, on an abutting lot fronting in the same direction and the minimum setback required by section 16-271. This subsection shall not apply to a corner lot where neither of the abutting lots front in the same direction as the corner lot.

(f)

Use of required yards. Except as provided elsewhere in this chapter, every required yard shall be open, unobstructed and free of ruins, wreckage, rubbish and debris. No yard or open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or site.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.40.020)