§ 4. General provisions.

Except as herein otherwise provided:

A.

The use and height of buildings hereafter erected, converted, enlarged or structurally altered, and the use of any land shall be in compliance with the regulations established herein for the zone in which such land or building is located.

B.

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the zone in which a building or premises is located.

C.

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required for another building.

D.

Every building hereafter erected, converted, enlarged, or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, except as regulated in Subsection 22.D.(1) of the Supplementary Height and Area Regulations and in the Special Use Permit Regulations.

E.

Any person or entity engaging in a business or occupation in Bernalillo County must maintain a valid, current business registration as required in Chapter 14, Article II of the Bernalillo County Code.

F.

Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-Street Parking, Loading and Unloading Regulations of this ordinance.

G.

Unobstructed vision clearance for traffic safety shall be maintained by the property owner or occupant on all corner lots regardless of the zone classification with reference to any building, sign, fence, ornament, hedge, shrub, tree, display, or other obstruction, but not including existing buildings.

H.

In order to protect persons and property from periodic flooding and to preserve the location, character, and extent of natural drainage courses, all property within 125 feet of the centerline of the major arroyos shown on the Master Plan of Drainage of the City of Albuquerque and Environs or on the Zone Map of Bernalillo County is subject to the following requirements.

1.

No building or structure may be constructed, altered, or occupied, no materials or equipment may be stored, and no mining, excavation, or land filling may be performed, except upon issuance of a certificate of approval by the Zoning Administrator.

2.

Procedures:

a.

An application for a certificate of approval must include a contour map referenced to the appropriate datum plane, prepared by a registered New Mexico civil engineer, which indicates the extent and elevations of all proposed construction, alterations, mining, excavation, and land filling.

b.

An application must contain other studies as may be required to determine the effect of flooding on the proposed structure or activity and the effect of the proposed structure or activity on the arroyo or flood drainage channel.

c.

Prior to the issuance of a certificate of approval, the Zoning Administrator must examine the plans and land of the applicant. The Zoning Administrator must find that the building, structure, or activity will not constitute a hazard to persons or property, will not divert water from or obstruct the natural flow of water in the arroyo or flood drainage channel, will not cause flooding of land outside the natural drainage course, and will not reduce or endanger the water-carrying capacity of the arroyo or flood drainage.

d.

The applicant may be required to erect dikes, barriers, or other structures or improvements necessary to guarantee protection to the public as a condition to the issuance of a certificate of approval.

3.

The issuance of a certificate of approval will not constitute a representation, guarantee or warranty of any kind or nature by the County of Bernalillo or by any political subdivision, or by an officer or employee of any of them, of the practicability or safety of any structure or activity, and will create no liability upon or cause of action against any public body, officer, or employee for damage that may thereby result.

4.

In the event of a conflict between the location of a major arroyo as shown on the Zone Map and the actual location of the arroyo on the ground, the centerline of the actual location of the arroyo controls for the purposes of these regulations.

(Ord. No. 92-18, 12-15-92; Ord. No. 2006-3, § 1, 2-14-06)