§ 22. Supplementary Height and Area Regulations.

A.

The regulations set forth in this section qualify or supplement the zone regulations appearing elsewhere in this ordinance.

B.

Modification of Height Regulations:

1.

The height regulations as prescribed in this ordinance shall not apply to:

a.

Belfries.

b.

Chimneys.

c.

Church spires.

d.

Silos.

e.

Conveyors.

f.

Cooling towers.

g.

Elevator bulkheads.

h.

Fire towers.

i.

Flagpoles.

j.

Monuments.

k.

Ornamental towers and spires.

l.

Smokestacks.

m.

Stage towers or scenery lofts.

n.

Tanks.

o.

Water towers.

p.

Windmills.

2.

Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in a zone, may be erected to a height not exceeding 60 feet. Churches may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by at least one foot for each foot of additional building height regulations for the zone in which the building is located.

3.

A wall or fence may be built within the required setback, provided it does not exceed eight feet in height and does not in the opinion of the Zoning Administrator create a traffic hazard at intersections of streets and driveways.

C.

Special height and use regulations near airports are contained in the Albuquerque Sunport Zoning Ordinance.

D.

Modification of Area Regulations:

1.

Yards, General:

a.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required rear yard.

b.

Where a lot is used for a commercial or industrial purpose, more than one main building may be located on the lot, but only when such buildings conform to all open space requirements around the lot for the zone in which the lot is located.

2.

Accessory Building and Structures:

a.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

b.

Service station pumps and pump islands may occupy the required yards provided, however, that they are not less than 12 feet from street lines.

c.

Accessory, open and uncovered swimming pools may occupy a required rear and/or side yard provided they are not located closer than ten feet to the rear or side lot line and provided they are surrounded by a duly approved wall or fence at least six feet high.

d.

Reserved.

e.

Any accessory building which does not contain living quarters may be located nearer than five feet to the side or rear lot lines, provided it complies with the following requirements:

(1)

The wall of any such building facing a side or rear lot line which is not a street or alley line shall be fire-resistive to the standard required by the Bernalillo County Building Code.

(2)

The wall of any such building adjoining a side or rear lot line shall contain no provision for ingress or egress unless special approval is granted by the Zoning Administrator.

(3)

If there is no common wall between accessory buildings, or if the walls are not adjoining, there shall be at least five feet between such buildings.

f.

Any accessory building shall be at least ten feet from any dwelling or accessory living quarters except that any accessory building which does not contain living quarters may be closer than ten feet to another accessory building which does not contain living quarters; provided, however, that if there is no common wall between such accessory buildings or if the walls are not adjoining, there shall be at least five feet between the accessory buildings. No accessory building may extend across the width of the yard unless a passage of at least five feet is provided at some point along such width.

3.

Front Yards:

a.

Where an official line has been established for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

b.

Garages detached or attached to the main building and entering on the side street of a corner lot shall maintain a setback of 20 feet in front of the garage.

(Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12)