§ 16-536. Residential mixed—North Community district (R-M-NC) uses and requirements.

(a)

Allowable uses. The following uses are allowed in the residential mixed-North Community (R-M-NC) zoning district:

(1)

A dwelling, single-family, attached or detached;

(2)

A dwelling, two-family;

(3)

A manufactured dwelling for a single family which is a multisection manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the New Mexico Building Code, as amended, on the date of the dwelling's construction, and installed consistent with the New Mexico Manufactured Housing Act (NMSA 1978, 60-14-1 et seq.) and regulations adopted pursuant thereto relating to permanent foundations and is otherwise in compliance with provisions of this Code;

(4)

A dwelling, single-family, detached, on a flag lot. A flag lot is defined, for purposes of this section, as a lot not fronting on a public road and where access to the public road is by a private driveway placed on not less than 20 feet width of land as illustrated in the figure of a flag lot in this section; and

Flat Lot

(5)

A dwelling, single-family, detached, with an accessory dwelling as defined in subsection (i) of this section.

(b)

Minimum lot size. The R-M-NC zoning district requires the following minimum lot sizes:

(1)

For a dwelling, single-family, detached, with or without an accessory dwelling, 6,500 square feet;

(2)

For a dwelling, two-family, 10,000 square feet;

(3)

For dwellings, single-family, attached, 10,000 square feet per site; and

(4)

For a dwelling, single-family, detached, with or without an accessory dwelling, located on a flag lot, exclusive of the land for all required driveways as illustrated in the figure of a flag lot in subsection (a) of this section, 6,500 square fee.

(c)

Maximum density per acre. This zoning district limits the number of dwelling units per acre to the following:

(1)

For dwellings, single-family, detached, 6.7 dwelling units per acre;

(2)

For dwellings, two-family. 8.7 dwelling units per acre; and

(3)

For dwellings, single-family, attached, 8.7 dwelling units per acre.

(d)

Minimum setbacks. Dwellings shall only be constructed within the R-M-NC zoning district with the following minimum setbacks from established lot lines:

(1)

Front setback of 15 feet;

(2)

Rear setback of 20 feet, except:

a.

Where the property abuts undeveloped county or United States government properties, in which case the rear setback is five feet if a fuel mitigation plan has been approved by the county fire marshal; or

b.

The rear setback for an accessory dwelling only is five feet or such setback necessary to provide a minimum separation of 15 feet between structures on adjoining lots, whichever is greater.

(3)

Side setback of 7.5 feet on each side of a dwelling, single-family, detached, or such setback necessary to provide a minimum separation of 15 feet between the detached sides of a dwellings on adjoining lots, whichever is greater;

(4)

Side setback of zero feet for a dwelling, single-family, attached, on the attached side and 7.5 feet side setback on the detached side or such setback necessary to provide a minimum separation of 15 feet between dwellings on adjoining lots; and

(5)

Side setback of 7.5 feet on each side of a dwelling, two-family, or such setback necessary to provide a minimum separation of 15 feet between dwellings on adjoining lots.

(e)

Minimum lot frontage. Lots within the R-M-NC zoning district shall have the following minimum frontage on the public right-of-way:

(1)

For a dwelling, single-family, detached, 40 feet;

(2)

For a dwelling, two-family, 40 feet;

(3)

For a dwelling, single-family, attached, 20 feet; and

(4)

The flag lots, the minimum frontage for the private drive is 20 feet.

(f)

Maximum height. Structures within the R-M-NC zoning district shall have the following maximum height:

(1)

For the main dwelling, 35 feet; and

(2)

For accessory structures, 12 feet.

(g)

Maximum lot coverage. Structures within the R-M-NC zoning district shall cover the lot to a maximum of 40 percent.

(h)

Conforming dwellings, lots and uses. In the R-M-NC zoning district:

(1)

Where a dwelling, two-family, exists on a lot in the R-M-NC zoning district on December 5, 2000, such lot may be subdivided into two lots, each lot with a minimum of 5,000 square feet and the dwelling, two-family, shall then be two dwellings, single-family, attached, and both lots and dwellings shall be considered conforming; and

(2)

Where a dwelling, multiple-family, existed in the R-M-NC zoning district on May 9, 2000, such dwelling shall be considered a conforming structure and the site development requirements and provisions concerning conforming dwellings, lots and uses for the R-3-L-NC district shall be applicable rather than those of R-M-NC district.

(i)

Accessory dwelling.

(1)

For purposes of this section, the term "accessory dwelling" is defined as a dwelling unit of no more than 650 square feet located on the same lot as a dwelling, single-family, detached. One accessory dwelling is permitted on each lot in the R-M-NC zoning district on which a dwelling, single-family, detached, exists, with the following restrictions:

a.

The accessory dwelling is architecturally compatible with the dwelling, single-family;

b.

If detached from the dwelling, single-family, the accessory dwelling is separated from the dwelling, single-family, by no less than ten feet measured from eave line to eave line and complies with minimum side setbacks applicable to the dwelling, single-family;

c.

If detached from the dwelling, single-family, the accessory dwelling is located in the rear yard.

d.

If attached to the dwelling, single-family, the accessory dwelling complies with all minimum setbacks applicable to the dwelling, single-family; and

e.

One off-street parking space is provided for the accessory dwelling.

(2)

A dwelling, single-family, with an accessory dwelling is not a dwelling, two-family, for purposes of this section.

(j)

Other requirements. All other applicable requirements of this Code shall be made.

(Ord. No. 85-286, § 2, 12-9-00; Ord. No. 02-007, § 9, 6-11-02)