Chapter 154 PLANNING AND ZONING

(A) This is a chapter on zoning to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings; dividing the municipality into districts and regulating within such districts the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or lands; adopting a zone map of the city; providing for the administration of zoning, the interpretation of this chapter and the zone map; providing for appeals, applications, fees, and administration hereof; providing for amendments, enforcement, penalties for violation; and separability of provisions.

(B) It is intended by this chapter to promote the general health, safety, morals, convenience, and welfare of the people of the city. These regulations are required to provide adequate space for light and air; to avoid undue concentration of population; to secure safety from fire, panic, and other dangers; to control congestion on the streets and public ways; to control and abate the unsightly use of buildings or land; to facilitate provisions for community services and public utilities, including transportation, water, sewers, schools, parks, and other public requirements; to encourage the most appropriate use of land; and to conserve and stabilize the value of property.

(Ord. 18-20)

154.02 ADOPTION OF ZONE MAP AND APPLICATION OF THE ZONING CHAPTER.

(A) The zones and boundaries of zones as established and shown on the official zone map on file within the Department of Development Services (DSD), and all amendments thereto, are incorporated herein and designated as the official zone map of the city. Any use not designated a permissive or conditional use in a zone is specifically prohibited in that zone except as otherwise provided herein. The official zoning map may be maintained in a digital form as determined acceptable by the Director of the Department of Development Services.

(B) Zoning boundaries indicated as approximately following right-of-way lines, including but not limited to streets, alleys, irrigation or drainage ways, and easements, city limit boundary lines or lot lines shall be construed as following such lines, subject to the following additional rules and application:

(1) Where a right-of-way separates two different zoning districts, the zoning district boundary is the centerline of such right-of-way; and

(2) Where a right-of-way abuts both the city’s municipal boundaries and unincorporated county lands, the city’s zoning shall extend into and be part of the entire abutting right-of-way.

(C) Abutting zoning along frontage on public rights-of-way shall automatically extend to the centerline upon vacation from public use of said rights-of-way.

(D) An application for change of zone of unplatted land must be accompanied by a plan delineating the boundaries of each tract requested to be rezoned.

(E) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered above, the Planning and Zoning Board shall interpret the district boundaries.

(F) In creating certain districts and allowing certain uses the city refers to the North American Industry Classification System, and any supplements thereto. Those portions of the manual or its amendments which are referenced in any law or regulation creating or modifying zone districts or allowed uses are intended to be adopted or incorporated herein by reference, but only to the extent that they are consistent with other provisions of the city relating to such zones, districts, or uses. The city reserves the right to modify within its laws or regulations any of the selected provisions within the manual or its amendments that the city might adopt.

(G) Any legitimate commercial use not prohibited in the established commercial zoning districts of this code, but not falling within the specific permitted or conditional uses and which is shown to be compatible with listed permitted and/or conditional uses and furthers the interests of the citizens of Rio Rancho in order to secure the advantages of local self-government with paramount consideration given to the health, comfort, wellbeing, and quality of life for the citizens, may be authorized as a permitted or conditional use by the Director of the City Development Department or his/her designee following notification and approval by the Planning and Zoning Board as an agenda item at a regular or special meeting.

(Ord. 18-20)

154.03 DEFINITIONS. Revised 2/24

For the purpose of this chapter, the following definitions will apply unless the context clearly indicates or requires a different meaning:

ABUT/ABUTTING. Having a common border with an immediately adjacent parcel, or being separated from such a common border by a right-of-way, alley, or easement.

ACCESS OR ACCESS WAY. The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by city ordinance.

ACCESSORY BUILDING OR USE. A building or use that is appropriate, subordinate, and customarily incidental to the main use of the lot; a building detached from the primary structure and does not cumulatively exceed 75% of the size of the primary structure or 15% of the lot area, whichever is greater, and is located on the same site as the primary structure or principal use served.

ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit, attached or detached, which does not exceed 900 square feet or 50% of the primary structure, whichever is greater, and is on a lot 7,000 square feet or greater in area, but not a mobile home, with a separate entrance, kitchen, sleeping area and full bathroom facilities. An additional parking space that does not block a two-car garage is required for an accessory dwelling unit.

ACCESSORY LIVING SPACE. Living space that is accessory to the primary residence used for residential purposes which does not contain kitchen facilities located within an accessory building and on the same lot as the primary building on the lot.

ACRE. An area unit of measurement consisting of 43,560 square feet.

ACTIVITY CENTER. A collection of land uses that attracts residents and visitors for multiple purposes that may include: shopping, employment, culture, education, housing, government services, recreation, and entertainment.

AGGRIEVED PARTY.

(1) Any person whose financial or property rights or interests are adversely affected by an act of another or an order, judgment or statute.

(2) Any person whose property interest is within 300 feet of a land use decision.

AGRICULTURAL USE. The use of land where such land is devoted to the production of plants, animals or horticultural products, including but not limited to forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. Agricultural use shall not include use of land for recreational purposes.

ALLEY. A public thoroughfare, which affords only a secondary means of access to abutting property.

AMATEUR RADIO ANTENNA. Any antenna used for the purpose of transmitting and receiving radio signals as licensed by the Federal Communications Commission.

ANIMAL FOSTER CARE PROVIDER. Any person who supplies a home to an animal on behalf of an animal rescue group while a permanent home for the animal is being found. Such providers shall follow the regulations set forth for foster homes in Chapter 116.

ANIMAL RESCUE. Any person or group who accepts companion animals for the purpose of finding a permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes, or boarding or keeping in licensed pet animal facilities. This definition does not include wildlife rescue and rehabilitation services.

ANNEXATION. To add additional territory into Rio Rancho’s jurisdiction thereby changing the boundaries of the community.

ANTENNA. A device designed to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, or microwave signals for earth orbiting communications satellites.

ARTERIAL STREET. A street having the primary purpose of carrying large volumes of traffic and does not usually provide direct access to individual properties. Arterials are designed to provide cross-city travel.

AUTO REPAIR, MAJOR. Repairs that produce relatively high levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles and repairs of a similar nature with respect to impacts on nearby properties: auto body customizing, auto body sheet metal/fiberglass/plastic repair/replacement, auto body prepping/painting/media blasting, chassis fabrication/repair, complete engine/transmission rebuild and replacement.

AUTO REPAIR, MINOR. Repairs and servicing that will produce relatively low noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles: air conditioning service, brake repair/replacement, engine oil changes, fluids replacement, exhaust system repair/replacement, shock absorber/spring/strut replacement, tire balancing/installation, wheel alignment, windshield/glass replacement, tune-ups, diagnostics, emission control service.

BALCONY. A small outdoor area, raised above the ground, directly accessible from within the building and open except for a balustrade on at least one side.

BASEMENT (OR CELLAR). A story of a building, which has at least one-half of its height below grade.

BAY WINDOW. A projection from the wall of a building that contains a window, is wholly above the level of the adjacent floor surface and does not result in any projection of the adjacent floor area.

BOARD. The Planning and Zoning Board of the City of Rio Rancho.

BOARDING HOUSE (BOARDING, LODGING HOUSE, OR BED AND BREAKFAST). A dwelling containing one or more, but not more than five, guest rooms where lodging is provided with or without meals for compensation.

BOARDING KENNEL. Any facility where dogs or cats are housed for the general public for a profit with the exception of state-inspected veterinarian hospitals, pet shops, animal grooming parlors and pet shelters.

BUFFER LANDSCAPING. Areas of landscaping parallel to a buffer wall.

BUFFER WALL. A stone, concrete, or masonry wall that is located on or near the property line between nonresidential zoned and residential property, is a part of a buffer zone and is intended to provide a buffer for the residential zone.

BUFFER ZONE. A strip of property located between commercially and residentially zoned property, where property lines abut, and intended to provide a buffer for the residential zone.

BUILD. To erect, convert, enlarge, reconstruct, or structurally alter a building or structure.

BUILDING. Any structure built for use of persons or animals.

BUILDING ENVELOPE. Refers to an area on a developable lot that delineates the maximum area of disturbance in which any building and associated structures may be located, exclusive of the driveway, underground utilities, irrigation, landscaping and natural material retaining walls (not to exceed four feet in height). The intent of this delineation is to preserve pre-existing grade and native vegetation outside of the building envelope.

BUILDING HEIGHT. The vertical distance measured from the finished floor elevation of the structure to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the average height between the eave and the ridge of a gable, hip, or gambrel roof. Chimneys, vents, or utility service structures shall not be included in the measurement of vertical dimensions.

BUILDING, PRINCIPAL. A building which occupies the major or central portion of a lot, is the chief or main building on a lot, or constitutes, by reason of its use, the primary purpose for which the lot is used.

BUILDING, TEMPORARY. A building or structure intended for removal or demolition within a prescribed time not exceeding two years or as set out in a building permit.

BUSINESS PARK. The BP District is intended for master-planned developments in a campus-like setting. This district is suitable for administrative and professional offices, research and development, limited distribution, light manufacturing, and assembly operations. Commercial uses are generally limited to business support services and accessory sales for goods produced on site. The BP Zoning District is consistent with the business park industrial land use category of the comprehensive plan.

CALIPER. A measurement of thickness or diameter of new landscape plantings measured six inches above ground.

CAMPING. The definition in Section 94.03, R.O. 2003, shall apply to this term.

CARETAKER LIVING QUARTERS. An accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, and the expressed purpose of the accessory housing unit is to provide housing for on-site security or operations personnel.

CARPORT. A structure not completely enclosed by walls for use to shelter automobiles.

CELLAR. A story of a building which has more than one-half its height below grade.

CENTERLINE. The line which bisects any right-of-way.

CLEAR SIGHT TRIANGLE. The area needed to be clear of sight obstructions for safe vehicular turning movements based on AASHTO’s: A Policy on Geometric Design of Highways and Streets.

CLINIC. An establishment occupied by one or more members of the medical profession for the purpose of providing medical services.

CLUB. Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating, and/or recreation uses, and further whose activities are not conducted for monetary gain; including but not limited to civic, fraternal, charitable, religious, social, and patriotic organizations.

COLLECTOR STREET. A street that collects traffic from local streets and provides connections to arterial streets.

COMMERCIAL VEHICLE/EQUIPMENT. Any vehicle and/or equipment which has a gross vehicle weight rating that exceeds 10,000 pounds that is used or designed for a commercial or industrial function. This term includes any vehicle/equipment that is not a noncommercial or a recreational vehicle.

COMMUNITY RESIDENTIAL CARE FACILITY. Any congregate residence, maternity shelter, or building for persons, which provides and whose primary purpose is to provide to the residents, within the facility, either directly or through contract services, programmatic services, room, board, assistance with the activities of daily living, in accordance with the program narrative, and/or general supervision of two or more adults who have difficulty living independently or managing their own affairs. COMMUNITY RESIDENTIAL CARE FACILITY does not include facilities for persons currently in custody of, or recently released by, correctional authorities that are designed to offer an alternative to imprisonment and/or to facilitate ex-offender reintegration into community life, nor does it include facilities for persons who require such services by reason of the effects of alcohol or drug abuse. COMMUNITY RESIDENTIAL CARE FACILITY does include facilities for recovering alcohol or drug abusers.

CONDITIONAL USE. A use allowed with conditions in the applicable zoning district as determined by the Planning and Zoning Board.

CONIFER. Any tree with needle leaves and a woody cone fruit.

CONSTRUCTION TRAILER. Is a movable structure, which may be a mobile home, that is:

(1) Located on a construction site and occupied by persons having construction or security responsibilities over such construction site; or

(2) Located on a construction site in order to provide storage for tools and materials.

CONVERSION. Changing the original purpose of a building to a different use with or without structural alteration requiring a building permit.

COURT. An open space that is more than half surrounded by a single building or buildings.

CURB CUT. Depressing the curb to the adjacent level.

DAY SPA. Any premises, place of business or membership club providing facilities devoted especially to health, beauty, and relaxation that deals with cosmetic, therapeutic massage, and/or holistic treatments, where people visit for professionally administered personal care treatments.

DECIDUOUS TREE. A tree that drops its foliage annually before becoming dormant.

DECK, UNENCLOSED. Structure usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by air space.

DENSITY. The measure of families, individuals, dwelling units, household or housing structures per unit of land, i.e., number of dwelling units per acre.

DENSITY, GROSS RESIDENTIAL. The ratio between the number of dwelling units located or proposed to be located on a lot and the area of the lot where the area to be measured includes all lands within the lot used or proposed to be used for roads or any other purpose other than an industrial use, and may be determined by the number of dwelling units divided by the lot area in acres.

DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings, structures, or accessory structures, any use or change in use of any buildings or land, any extension of any use of land, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities, for which permission may be required pursuant to city ordinances.

DRIVEWAY. An all-weather, vehicular access way connecting an off-street parking space or parking lot with a public or private street.

DUPLEX. A building arranged, intended, or designed to be occupied by two families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING, MULTIPLE-FAMILY. A building arranged or designed to be occupied by two or more families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit but not including a mobile home.

DWELLING UNIT. One or more rooms within a building designed for residential occupancy by one family for living and sleeping purposes, and containing kitchen facilities, but not including a recreation vehicle or travel trailer, permanently installed on a permanent foundation which has received a permit from the city pursuant to R.O. 1987 or another permitting agency with jurisdiction, and the structure is either:

(1) Constructed to the standards adopted by the city and other technical codes, as of the date of the unit’s construction; or

(2) A single-family detached dwelling with a heated area at least 36 by 24 feet and 864 square feet, constructed in a factory to the standards of the U.S. Department of Housing and Urban Development, National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., HUD Zone Code II, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act (NMSA Chapter 60, Article 14), and with the regulations made pursuant thereto relating to ground level installation and ground anchors.

ENTERTAINMENT ESTABLISHMENT. An establishment which includes live performances and/or patron dancing, including but not limited to nightclubs, dance halls or discotheques.

EVERGREEN. Those trees, including broad-leaved and conifer evergreens, that maintain their leaves year-round.

FAMILY. One or more persons who are related by blood or marriage, and including any foster children, or a group of not more than five persons living together as a housekeeping unit by joint agreement on a nonprofit cost sharing basis, or a combination of persons related by blood or marriage along with unrelated adults living together and occupying a single housekeeping unit. In addition, up to 10 persons with a disability or handicap, including any staff residents, residing in a dwelling shall be considered a family.

FAMILY CHILD CARE FACILITY. A private residence in which care, services, and supervision are provided to a maximum of 12 children for a period of less than 24 hours of any given day. The licensee will reside in the home and be the primary caregiver.

FENCE. A vertical structure taller than one foot, not more than 20 inches wide, which forms a barrier built for the purpose of protection, decoration, confinement, enhancement of privacy, and in some cases, built for safety.

COMMON FENCE. A fence that straddles a property line. For the purposes of this section, it is assumed that common fences are jointly owned in their entirety by each property owner and that initial construction and any modifications that require city approval beyond typical maintenance require the written permission of each property owner.

ELECTRICAL FENCING. A fence consisting of wires charged with electricity serving to confine domestic animals or livestock.

RETAINING WALL. Any structure that is intended to retain more than 18 inches of soil or similar material.

SWIMMING POOL FENCE. A fence that is six feet in height that serves to limit access for safety purposes.

FENCING. A masonry, metal, or wood wall, or plantings such as hedges, forming a boundary to and enclosing same area.

FLOOR AREA. The area included within the surrounding walls of a building measured from outside to outside, excluding vents, shafts, and courts.

FLOOR AREA, GROSS. For the purpose of this chapter, the sum of all the floor areas of a building or buildings, measured from the exterior of the supporting walls or supporting devices, including all accessory buildings on the same lot.

FRONTAGE. The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street. Lot frontage is the width of a lot measured along a street.

GARAGE, COMMERCIAL. Any building or structure where automobiles, trucks, tractors, or other vehicles are stored, painted, repaired, or equipped for a charge, and where the service and sale of gasoline and oil are incidental to the principal building use.

GARAGE, PRIVATE. A detached accessory building or a portion of a dwelling unit, which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed and excludes a carport or other open shelter.

GASOLINE SERVICE STATION. Any building or premises used principally for the storing, dispensing, sale, or offering for sale at retail of gasoline, oil, and/or other fuels.

GOLF COURSE or CLUB. Nine- or 18-hole course, which may or may not be associated with a clubhouse, but not including a miniature course or golf driving range.

GRADE. The average of the finished ground level at the center of all walls of a structure.

GREENHOUSE. A transparent enclosed building used for cultivating plants.

HANDICAP RAMP. An inclined surface for handicap movement in lieu of steps.

HOBBY BREEDER. Any person that occasionally breeds and raises animals on their property as regulated in Chapter 116.

HOME OCCUPATION. An occupation conducted within a dwelling unit as regulated in Chapter 121.

HOTEL/MOTEL. An establishment or building providing lodging, food, and the like to travelers and long-term residents.

LANDFILL. A waste disposal site where waste is deposited with cover material being applied at regular intervals.

LANDSCAPING. To improve or ornament through the arrangement and/or modification of the effects of natural scenery over a tract of land for aesthetic effect.

LOT. Any parcel of land platted and placed on record in accordance with laws and ordinances; a parcel described by metes and bounds and having frontage on a public right-of-way.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.

LUMBERYARD. A facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planing, cutting, and other customizing processes. Lumberyards may provide for the sale of associated products including tools and fasteners.

MANUFACTURED/MOBILE HOME PARK. A unified development that provides space and facilities for manufactured/mobile homes.

MANUFACTURING USE. Primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include, but are not limited to, assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment. Except as otherwise provided in this chapter, MANUFACTURING USES are defined and distinguished from nonmanufacturing uses in the North American Industrial Classification Manual.

MASTER PLAN. A comprehensive plan of development for a large tract of land (such as a growth node or activity center, that may include intended land use, street patterns, development timing and functional plans for open space, utilities, drainage and the interrelationship between the development and the city’s comprehensive plan).

MINING. For the purposes of this chapter, means the removal of sand, gravel, earth, rock, stone or mineral-bearing substance from the ground for the purpose of obtaining any mineral therefrom.

MIXED USE. A project or single building which includes both primary nonresidential and primary residential uses or where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated for the use of shared vehicular and pedestrian access and parking areas.

MOBILE HOME. A movable or portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes, that is not constructed 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 II or Uniform Building Code, as amended to the date of the unit’s construction or built to the standards of any municipal building code.

MODEL HOME. Any furnished dwelling, which is primarily used as a marketing tool to show prospective homebuyers a particular plan, type of construction, accoutrements or floor plan and which is not a residence at the same time. A sales office need not be physically located in the dwelling.

MULTI-SECTION MANUFACTURED HOME. A 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 Uniform Building Code, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations.

NIGHT SKY PROTECTION ACT. The Night Sky Protection Act regulates outdoor night lighting fixtures to preserve and enhance the state’s dark sky while promoting safety, conserving energy and preserving the environment for astronomy as per NMSA 1978 Chapter 74, Article 12, Night Sky Protection.

NONCOMMERCIAL VEHICLE/EQUIPMENT. A motor vehicle/equipment used in the conduct of normal daily activities which has a gross vehicle weight rating of not more than 14,000 pounds which can be lawfully parked in a nine-foot by 28-foot parking space. This term includes motor vehicles commonly called motorcycles, automobiles, vans, sport utility vehicles, light trucks or pickups.

NONCONFORMING USE. Lots, structures, and uses which were in conformity with the applicable zoning ordinance and regulations when created but which would now be prohibited or do not conform to one or more of the regulations in the zoning code or future amendments thereto.

NORTH PROPERTY LINE. Any lot line which is positioned at an angle of 45 degrees or less in relation to a line drawn due east/west. Measurement of an angle shall occur in the interior of the lot under review.

NURSING HOME. An institution, building or place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24 hours nursing care, personal care, or custodial care and may include a rest home, convalescent home or senior transitional living and care facilities.

OFFICE BUILDING. A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.

OUTDOOR SALES DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft.

OUTSIDE STORAGE. The keeping of commodities, goods, raw materials, equipment, vehicles, heavy vehicles, or merchandise not within an enclosed building, including incidental maintenance and repair of the material which is being stored. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft. Parking of company-owned automobiles that are currently registered, licensed, and operable will be excluded. Materials and equipment that are transferred from an enclosed building for an outdoor sales display are not considered outside storage.

OVERHANG. The part of a roof or wall that extends beyond the facade of a lower wall or the portion of a vehicle extending beyond the wheel stops or curb.

PARAPET. The extension of the main walls of a building above the roof level.

PARK. An open space reserved in the public domain where appropriate development may take place and which is intended primarily for passive activity.

PARKING AREA, PRIVATE. An open off-street area of land used for the parking of more than five motor vehicles used by occupants including employees of a building to which such area is appurtenant.

PARKING AREA, PUBLIC. An open area other than a street provided for public use or including customer use.

PARKING LOT. An area provided for the free use of patrons or employees of any office or state or local government or of any public accommodation, or retail or commercial establishment.

PARKING SPACE. An area on a lot sufficient in size to store one automobile (not less than nine feet wide and 18 feet long) connected to a public street or alley by a driveway not less than 10 feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parked adjacent to the parking space. The required length of the space can be reduced to 16 feet with the incorporation of a two-foot vehicle overhang if such overhang does not reduce the required width of an adjacent pedestrian walkway and/or landscape area.

PARKING SPACE, ACCESSIBLE. A parking space with a minimum stall depth of 18 feet, a minimum stall width of nine feet and an access aisle and access route per current ADA regulations. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance.

PARKING SPACE, VAN ACCESSIBLE. A parking space with a minimum stall depth of 18 feet, a minimum stall width of nine feet and an access aisle and access route per current ADA regulations. Van accessible parking spaces shall also contain wider access aisles and access routes to accommodate wheelchair lifts along with additional signage that clearly identifies the parking spaces as “van accessible.”

PARKING STRUCTURE. Includes a partially open and/or an enclosed area other than a street or lane used for the parking of motor vehicles. A parking structure generally includes three or more parking spaces together with aisles and has a principal access from a driveway to a street and may constitute the main use of the lot.

PARKS, RECREATIONAL. An area developed and maintained primarily for active recreation.

PATIO COVER. An unenclosed attached roofed structure used only for recreational and outdoor living purposes.

PERMISSIVE USE. A use allowed by right in a particular zoning district.

PET SHELTER. Any establishment owned and operated by a not-for-profit organization, licensed to do business in the State of New Mexico, whose sole function is to bring aid and comfort to animals.

PET SHOP. Any commercial establishment or premises or part thereof, maintained for the purchase, sale, exchange, or hire of animals of any type; except that the term shall not include livestock auctions.

PHYSICAL BLINDING. A screening or structure that is in accordance with all existing applicable codes including but not limited to building codes, fire codes, and zoning codes.

PICKUP CAMPER. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel and recreation use.

PLAT. A map showing the location, boundaries and ownership of individual properties, planned and developed as a single project.

PLAZA. A community gathering space, sometimes called a square, usually with seating areas, and with a variety of ground-plane finishes such as hard surfaces, lawn and landscaping. It is often designed as a focal point with an amenity located within, and it may be bounded on one or more sides by a civic or commercial use in a neighborhood, commercial and recreational centers.

PREMISES. Land together with any buildings or structures occupying it; however, each individual business shall be considered a premises.

PUBLIC FACILITIES. Facilities operated by a municipality including parks, trails, paths, and other recreational areas and open spaces, public schools and other public buildings, including fire stations and police substations, and places where the public is directly or indirectly invited to visit or permitted to congregate.

PUBLIC UTILITY. An office, pumping station, communication center, distribution, or transfer facility, or other management or operation need for electricity, communication, gas, water, transportation, sewage, but exclusive of production or disposal plants, storage yards, or supply base, unless otherwise provided for by this chapter.

RECREATIONAL VEHICLE. A vehicular unit primarily designed as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor home, boat, truck camper, travel trailer, and camping trailer.

RECYCLING COLLECTION CENTER. A temporary site/facility which is an accessory use to an existing site/facility and serves as a “drop off” location for household recyclables such as paper, glass, plastics, and aluminum, but not to include refuse.

REPLAT. A process used to move, erase, or add new interior property lines within a recorded summary or subdivision plat. It results in a new plat being recorded for the affected parcels or lots.

SALES OFFICE. An office accessory use to a dwelling unit being used as a model home or a freestanding building usually located in a residential area, used specifically for the purpose of conducting business transactions associated with the sale of residential dwelling units.

SCHOOL. A public school, a separate school, a university, a college or a private school authorized by the authority having jurisdiction.

SECOND KITCHEN. A second culinary facility which is located within a dwelling and may include a stove, oven, sink, cabinets and/or other related storage areas, refrigerator or any combination of these, in addition to the primary culinary facilities located in the kitchen of the dwelling. Outdoor kitchens which may consist of barbeques and/or ovens are not considered second kitchens so long as they are not enclosed within a building.

SELF-STORAGE FACILITY. A group of buildings or other facilities having components, rooms, spaces, containers or other types of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property.

SENIOR TRANSITIONAL LIVING AND CARE FACILITY. An age-targeted facility for “seniors” (typically 55 years and over) that can provide a continuum of care and living arrangements from independent living apartments to assisted care units, nursing care beds, memory units for memory-impaired residents, and other health conditions. Living units can be owned or leased, separate or attached, and with varying degrees of independence for residents, but all units are under a common management.

SETBACK. The shortest distance between a structure and the present or future street line or property line. Setbacks shall be measured to the foundation and provide an allowance of four inches for stucco, cladding, and exterior building finishes. Placement of the following structures is allowed in this area: structures of 120 square feet or less. The placement of paved concrete, blacktop, brick and wood decking, pads, poured slabs, driveways, walkways, and ornamental landscaping accoutrements is permitted. It is the responsibility of the property owner to secure permission, in writing, from any and all franchised utilities upon whose easements the property owner wishes to place any of the above structures. Setback exceptions for residential and nonresidential zone categories are included in each relevant section of this chapter.

SHOOTING RANGE, INDOOR. An enclosed facility used for the discharge of firearms at targets.

SHOPPING CENTER. Two or more tenants or occupants of a structure or structures used for commercial purposes on a single parcel, or more than one parcel within a common commercial subdivision, of at least five acres that typically includes shared parking, access, and sidewalks under common management.

SIGNAGE. A structure or graphic display designed to inform or attract the attention of persons not on the premises on which the sign is located.

SITE PLAN. A scale drawing or plan showing accurately and with complete dimensioning all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.

SOLAR ENERGY UNIT. A solar collector or other device that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing (if so equipped) the sun’s radiant energy.

SPECIAL EVENT. An event, the duration of which is temporary in nature.

STABLES. Building(s) in which livestock (horses, cows and pigs) and other domestic animals are sheltered and fed; especially, such a building having stalls or compartments.

STUDIO. The workspace of a painter, sculptor, or other artist, limited to the production and sale of the works of said artist and to one occupational employee.

STREET. A thoroughfare which has been dedicated to the public or which has been made public by right-of-use and which affords the principal means of access to abutting property.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or exterior walls.

STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground but not including a utility pole, a tent or vehicle.

SWIMMING POOL. A deep body of usually fresh water, suitable for swimming, built into the ground, or situated above the ground, made of concrete or plastic, but exceeding 36 inches in depth.

SWIMMING POOL, PRIVATE. A swimming pool to which admission is limited by ownership or membership.

SWIMMING POOL, PUBLIC. A swimming pool to which admission may be gained by the general public with or without payment of a fee.

TEMPORARY, EMERGENCY, CONSTRUCTION, OR REPAIR RESIDENCE. Which may be a mobile home, is:

(1) Located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster; or

(2) Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed.

TOWNHOUSE, TOWNHOME, CONDOMINIUM, OR PATIO HOME. A residential dwelling unit which is connected by one or more walls to a series of similar units, usually sharing the same street frontage.

TRACT, SEPARATE. A parcel of land or a group of continuous parcels of land under one ownership on the effective date of this chapter.

TRAVEL TRAILER OR RECREATIONAL VEHICLE. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and not permanently connected to utilities.

TRAVEL TRAILER OR RECREATIONAL VEHICLE PARK OR CAMPGROUND. A tract of land with spaces or stands provided for temporary use of travel trailers, pickup campers, tents, or recreational vehicles. The parking area for two or more vehicles of this type will be considered a trailer park or campground.

USABLE RECREATION SPACE. An area on the same lot as the multifamily residential development that serves to permanently provide indoor or outdoor open space and/or recreational uses. Usable recreation space may include, but is not limited to: lawns, decorative planting areas, and native plants, open balconies and covered patios that are open on two or more sides, walkways, active and passive recreational areas, fountains, swimming pools, water features, and ponds, clubhouse areas for video/technology rooms, exercise or fitness activities, or meeting rooms, or playgrounds. Usable recreation space does not include public right-of-way, parking lots, driveways, or buildings, garages, carport or equipment areas that are not designed for common use.

WIND ENERGY UNIT. A machine by which mechanical energy supplied by the wind is converted to electrical energy, including any energy storing device (if so equipped).

XERISCAPE. A combination of landscaping and irrigation techniques which reduce the demand for water requirement to maintain a given landscape. Primary techniques are: use of water-conserving plants, minimum amount of turf (grass area), plants grouped based on watering needs, irrigation system designed to meet the needs of the plants in the landscape.

YARD. An open space on the same lot as a building; except as provided herein, it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

YARD, FRONT. The area from one side lot line to the other side lot line and between the main building and the street. A front yard line is a line parallel to the street and as far from the street as required in this chapter. On corner lots (lots abutting on two or more streets at their intersection), the front yard may face either street.

YARD, REAR. The area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

YARD, SIDE. The area from the front building line to the rear building line and from the main building to the side lot line.

ZERO LOT LINE HOME. A structure of two or more dwelling units with common walls at the lot lines between adjoining units, or the placement of a detached home on the lot line on one side with the setback on the other side.

ZONING DISTRICT. Any section of the City of Rio Rancho where regulations governing the use of buildings and premises or the height and area of buildings and lot size are uniform.

(Ord. 18-20; Am. Ord. 18-28; Am. Ord. 23-28)

ARTICLE II. ESTABLISHMENT OF DISTRICTS

154.04 TABLE: DISTRICTS AND ABBREVIATIONS.

RESIDENTIAL ZONING DISTRICTS

SECTIONS	ABBREVIATIONS	DISTRICTS
154.05	E-1	Estate Residential
154.08	R-1	Single-Family Residential
154.09	R-2	Single-Family Residential
154.10	R-3	Mixed Residential
154.11	R-4	Single-Family Residential
154.12	R-5	Single-Family Residential
154.13	R-6	Multi-Family Residential
154.16	M-H	Mobile Home Residential
Sections 154.06, 154.07, 154.14, 154.15, 154.17, 154.18 are reserved
Section 154.19 Residential Land Use Table

NONRESIDENTIAL ZONING DISTRICTS
154.20	O-1	Office
154.22	NC	Neighborhood Commercial
154.24	C-1	Retail Commercial
154.25	C-2	Wholesale and Warehousing
154.28	M-1	Industrial and Business Park District
154.31	MU-A	Mixed Use Activity Center
154.32	CBD	Central Business District
154.33	BP	Business Park District
Sections 154.21, 154.23, 154.26, 154.27, 154.29, 154.30, 154.34 are reserved
Section 154.35 Nonresidential Land Use Table

OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS
154.36	A-R	Agricultural Residential
154.38	H-1	Historical Site
154.40	OS	Open Space
154.41	OZ	Overlay Zone
154.42	PR	Parks and Recreation
154.43	SU	Special Use
154.44	T-Z	Transitional Zone
Sections 154.37, 154.39, 154.46, 154.47, 154.48, 154.49 are reserved

(Ord. 18-20)

RESIDENTIAL DISTRICTS

154.05 E-1: ESTATE RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a very low density of population in which the principal land use is single-family dwellings.

(B) Permissive uses.

(1) One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;

(a) Except for the requirement that dwelling units face or create a presence on the address street;

(2) Accessory buildings or structures as defined in Article III, Section 154.70(A), including stable facilities for the housing and maintenance of horses but not to include structures for other types of domestic livestock or fowl; such stable facilities greater than 600 square feet may be exempt from using the same construction materials and having the same facade as the primary structure, but still shall be similar in color;

(3) Accessory living space; as defined in Article I, Section 154.03 and Article III, Section 154.70(A);

(4) Horses are allowed by the following criteria:

(a) The minimum lot size required for the first horse is one acre;

(b) Thereafter, each additional horse shall require one-half acre per horse in addition to the minimum one acre;

(5) Noncommercial gardens, swimming pools, tennis courts and greenhouses;

(6) Parks, open spaces, recreational parks, and public facilities;

(7) Home occupations;

(8) Construction trailers; as defined in Article III, Section 154.75(C);

(9) Temporary (emergency, construction, or repair) residences as defined in Article III, Section 154.75(C);

(10) Family child care facility with a capacity of six or less;

(11) Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;

(12) Model home or sales office;

(13) Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;

(14) Public utilities;

(15) Churches, other places of worship, and incidental facilities;

(16) Amateur radio antenna;

(17) Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116;

(18) Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A).

(1) Family child care facility with a capacity of seven or more.

(2) Hobby breeders and animal foster care providers as per conditions listed under the R-1 Single-Family Residential District.

(3) Commercial (for profit) boarding of horses as per relevant requirements listed under Chapter 116.

(4) Transfer of horse stable rights (TSR) permit, in accordance with Section 154.78(A), to allow neighboring properties the ability to transfer horse stabling rights (TSRs) between properties, provided:

(a) Properties transferring horse stabling rights must be abutting one another or within 1,000 feet of each other as measured in a straight line between property lines, providing if the properties are not abutting each other the applicant must also submit a letter of no objection for the transfer from the receiving properties abutting neighbors;

(b) The receiving property must have a minimum of 15,000 square feet of property area for each horse, above the initial one-acre minimum;

(c) The property sending the horse rights must have a platted or described acreage in excess of one and one-half acres (65,340 square feet);

(d) The property sending or granting the horse stabling rights severs all rights to horse stabling on their property for the length of the agreement with the receiving property;

(e) The property owner sending or granting the horse rights may end or cancel the transfer of horse stabling rights agreement with a minimum one-year notice to the receiving horse rights property owner, and a copy of such notice delivered to the City Development Services Director or designee;

(f) The receiving property owner can only receive horse ownership rights from one donating property;

(g) A receiving property cannot also be a sending property; and

(h) For purposes of implementing this subsection (C)(4), a “horse” is defined as any domesticated, equine mammal, including mules and burros.

(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 21-15)

154.06 RESERVED.

154.07 RESERVED.

154.08 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a low density of population in which the primary land use is a single-family dwelling unit.

(B) Permissive uses.

(1) One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;

(2) Accessory buildings or structures, as defined in Article III, Section 154.70(A);

(3) Accessory living space, as defined in Article I, Section 154.03 and Article III, Section 154.70(A);

(4) Noncommercial gardens, swimming pools, tennis courts and greenhouses;

(5) Parks, open spaces, recreational parks, and public facilities;

(6) Home occupations;

(7) Construction trailers, as defined in Article III, Section 154.75(C);

(8) Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);

(9) Family child care facility with a capacity of six or less;

(10) Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;

(11) Model home or sales office, as defined in Article III, Section 154.75(A);

(12) Community residential care facility up to 10 persons, including any staff residents, providing all city regulations are met as set forth in Chapter 120;

(13) Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;

(14) Churches and other places of worship, Sunday school buildings, and parish houses;

(15) Amateur radio antenna;

(16) Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A).

(1) Hospitals and private institutions of an educational nature;

(2) Family child care facility with a capacity of seven or more;

(3) Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.

(Ord. 18-20; Am. Ord. 21-15)

154.09 R-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderate density of population in which the principal use is single-family dwelling units.

(B) Permissive uses.

(1) One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;

(2) Accessory buildings or structures, as defined in Article III, Section 154.70(A);

(3) Accessory living space as defined in Article I, Section 154.03 and Article III, Section 154.70(A);

(4) Noncommercial gardens, swimming pools, tennis courts and greenhouses;

(5) Parks, open spaces, recreational parks, and public facilities;

(6) Home occupations;

(7) Construction trailers, as defined in Article III, Section 154.75(C);

(8) Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);

(9) Family child care facility with a capacity of six or less;

(10) Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;

(11) Model home or sales office, as defined in Article III, Section 154.75(A);

(12) Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120;

(13) Public utilities, including electric facilities including, but not limited to, substations, switching stations and generation;

(14) Churches and other places of worship, Sunday school buildings, and parish houses;

(15) Amateur radio antenna;

(16) Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A).

(1) Hospitals and private institutions of an educational nature;

(2) Family child care facility with a capacity of seven or more;

(3) Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116, provided the lot has an area appropriate to the type and size of the animals being bred.

(Ord. 18-20; Am. Ord. 21-15)

154.10 R-3: MIXED RESIDENTIAL DISTRICT.

(A) Purpose. This district permits a moderate density of population in which the principal use is single-family attached or detached townhome or patio home dwelling units or for small-scale multi-family units.

(B) Permissive uses.

(1) One single-family dwelling unit per lot; provided such dwelling unit meets the design standards of Article III, Section 154.60;

(2) Single-family attached or detached dwelling units; provided such dwelling unit(s) meets the design standards of Article III, Section 154.60;

(3) Boarding and lodging houses;

(4) Townhome, patio home, or similar development provided all city regulations are met;

(5) Accessory buildings or structures, as defined in Article III, Section 154.70(A);

(6) Accessory living space as defined in Article I, Section 154.03 and Article III, Section 154.70(A);

(7) Noncommercial gardens, swimming pools, tennis courts, and greenhouses;

(8) Parks, open spaces, recreational parks, and public facilities;

(9) Home occupations;

(10) Construction trailers, as defined in Article III, Section 154.75(C);

(11) Temporary (emergency, construction, or repair) residences, as defined in Article III, Section 154.75(C);

(12) Family child care facility with a capacity of six or less;

(13) Second kitchen. A second kitchen is permitted and may be located within the primary residence or accessory dwelling unit, but not both;

(14) Model home or sales office, as defined in Article III, Section 154.75(A);

(15) Community residential care facility up to 10 persons, including any staff residents providing all city regulations are met as set forth in Chapter 120;

(16) Public utilities; including electric facilities including, but not limited to, substations, switching stations and generation;

(17) Churches and other places of worship, Sunday school buildings, and parish houses;

(18) Amateur radio antenna;

(19) Accessory dwelling unit; as defined in Article I, Section 154.03 and Article III, Section 154.70(A).

(1) Hospital and private institutions of an educational nature;

(2) Family child care facility with a capacity of seven or more;

(3) Community residential care facility up to 18 persons, including any staff residents, providing all city regulations are met;

(4) Senior transitional care facilities, senior living facility, and/or other similar facilities up to 35 dwelling units per acre and up to 50 feet in height;

(5) Hobby breeders or animal foster care providers as regulated by Chapters 90 and 116; provided the lot has an area appropriate to the type and size of the animals being bred;

(6) Multi-family dwellings, provided there are not more than 26 units per acre, with the site plan reviewed and approved by the Governing Body.

(Ord. 18-20; Am. Ord. 19-17; Am. Ord. 21-15)

154.11 R-4: SINGLE-FAMILY RESIDENTIAL DISTRICT.