§ 9. R-1 Single-Family Residential Zone.
A.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the R-1 Residential Zone. The purpose of this zone is to provide for the development of single-family homes on lots not less than ¾ [of an] acre in area, except that where community water and sewer facilities are made available, the lot size may be reduced consistent with development densities in the Albuquerque/Bernalillo County Comprehensive Plan. The regulations provide for the health, safety and welfare of the residents.
B.
Use Regulations. A building or premises shall be used only for the following purposes, all uses customarily incidental to the building or premises shall be maintained on site:
1.
Prohibited Uses. The following uses are prohibited in this zone:
a.
The open storage of inoperative vehicles or auto parts;
b.
The open storage of trash or junk;
c.
The open storage of large appliances;
d.
Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or
e.
Any use not recognized as customarily incidental to a permitted use in the zone.
2.
Permissive Uses:
a.
Agricultural activity, including truck gardening and nurseries, fur bearing animal farm, the raising of poultry or rabbits, dairy farming, livestock grazing, feeding, and the raising of livestock on lots containing three acres or more. On lots of less than three acres, there shall be at least 10,000 square feet of lot area for each cow or horse, and/or at least 4,000 square feet of lot area for each sheep, pig, or goat, provided that any structure/building, pen, or corral where such animal is located is at least 20 feet from any existing dwelling unit. In addition, lots one-half acre or less shall maintain a 20' setback from any property line for any structure/building where such animal is located. (This amendment shall apply to existing buildings/structures one year from the effective date, July 10, 2014.) Stands for the display or sale of home-raised agricultural products, including poultry or rabbits raised on the premises.
b.
One single-family dwelling or H.U.D. Zone Code II manufactured home per lot.
c.
Accessory building, structure, or use customarily incidental to the above uses, such building or structure shall be limited to an area of 600 square feet or less. However, greenhouses are limited to 25 percent of the rear plus side yard areas in addition to other types of accessory structures.
d.
Noncommercial library, museum, and art gallery.
e.
Recreational vehicle or boat storage in the rear yard when such recreational vehicle or boat is not to be used as accessory living quarters, and is not connected to utilities, other than temporarily to a source of electricity. Recreational vehicle used for dwelling purposes served only by electricity for lighting purposes, the use of such recreational vehicle shall be limited to a maximum of two weeks in any calendar year.
1.
In the event where rear yard access is not available, outside parking in the front yard is allowed, provided:
(a)
The body of the recreational vehicle or boat is at least 11 feet from the front property line.
(b)
No part of the unit extends onto the public right-of-way.
(c)
A corner lot is always deemed to have reasonable access to the rear yard; a fence or wall is not necessarily deemed to prevent reasonable access.
f.
Signs not exceeding eight square feet in area pertaining to the lease, hire, or sale of a premises or sale of home-raised products, provided there shall be no more than one such sign on each lot and provided further that, if illuminated, the source of such illumination shall be nonoscillating and nonflashing.
g.
Parking incidental to uses permitted in this zone, provided all vehicles which are not parked inside a building are operative and are not wholly or partially dismantled.
h.
Home occupation.
i.
Concealed Wireless Telecommunications Facility, provided that it satisfies the requirements of section 22.5 of this ordinance.
j.
Wireless Telecommunications Antenna located on a public utility structure, provided that it satisfies the requirements of section 22.5 of this ordinance.
k.
Amateur Radio Antenna/Tower up to 65 feet as measured from grade.
l.
Garage and yard sale, provided:
1.
No more than four events are allowed at a given dwelling in any calendar year. The duration of the garage or yard sale shall not exceed three consecutive days.
2.
No items shall be purchased for a garage or yard sale for the purpose of resale; items shall be of the type normally accumulated by a household.
3.
One non-illuminated, on-premises sign, not exceeding four square feet in area shall be permitted. The sign shall pertain to the garage or yard sale only and shall be permitted only for the three-day period of the sale.
3.
Conditional Uses. The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set out in the administrative section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community:
a.
Accessory building or structure in excess of 600 square feet in area and incidental to the uses listed under Sections 7.B.2 and 7.B.3.
b.
Amateur Radio Antenna/Tower 65 to 100 feet as measured from grade.
c.
Church and incidental facilities.
d.
School.
e.
Day Care Center.
f.
Family Day Care Home.
g.
Temporary festivals, circuses, carnivals or activities in a tent, provided that the use or activity meets the following requirements:
(1)
The minimum lot size per use or activity shall be five acres.
(2)
All required parking shall be located on the same site with the activity or use.
(3)
The use or activity shall be at least two miles from the nearest conforming residential use.
(4)
Prior approval of the proposed use or activity must be obtained from the County Sheriff, County Fire Department, County Environmental Health, County Public Works, City of Albuquerque Air Pollution Control, and Albuquerque Metropolitan Arroyo Flood Control Authority or their authorized representative.
(5)
The hours of operation, shall be between 6:00 a.m. and 8:00 p.m. This includes the time of erection and dismantling.
(6)
The use or activity shall be limited to three days in one calendar year.
(7)
No permanent structures shall be erected.
(8)
Temporary fencing may be erected, and shall be removed within 24 hours after the activity.
h.
Real estate sales office in connection with a specific development for a period of not more than two years.
i.
Recreational facility (nonprofit) such as swimming pools or tennis clubs on sites containing not less than one acre.
j.
Temporary storage building or yard for equipment, material or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.
k.
Mobile home or recreational vehicle used as a dwelling (with connections to any utilities) during construction of a dwelling on the same premises provided such use shall be limited to a maximum period of 24 months.
l.
One mobile home for a three-year period in addition to an existing single-family dwelling or mobile home on a lot provided it complies with the following requirements:
(1)
The mobile home may be used only by members of the immediate family for the purpose of providing assistance to those members of the family who are elderly, ill, mentally or physically disabled as attested by a licensed physician.
(2)
The mobile home shall be connected to water and sewage disposal facilities approved by the Department of Environmental Health.
(3)
The mobile home must be placed on the property in conformance with the setback requirements and located at least 15 feet from any structures on the same or on adjoining property.
(4)
Placement of a mobile home on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties.
m.
Nonprofit animal facility.
n.
Park.
o.
Home Occupation where the business includes visits to the site from clients, customers, patients, patrons or similar individuals. Such home occupations may allow for employment of one non-family member and may be approved for a period of time not to exceed three years.
p.
Carport in the required front or side yard, provided:
1.
No part is within three feet of a property line.
2.
No building wall is ever built within a required setback area. The distance between support columns that are located within a required setback area must remain open and free of obstructions.
3.
Water run-off from the carport must not adversely affect adjacent property or the public right-of-way.
q.
Second kitchen within a single-family dwelling, provided:
1.
The kitchen is incidental to occupancy of the entire dwelling in common by members of one family.
2.
Approval will not result in two separate and distinct dwelling units, each exclusively occupied by only certain family members and separated by a solid wall without a doorway.
3.
If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the county action shall run with the land.
r.
Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.
s.
Community Garden.
C.
Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in The Supplementary Height and Area Regulations Section of this ordinance.
D.
Area Regulations:
1.
Minimum Lot Area and Lot Width. Every lot shall have a minimum area of not less than ¾ [of an] acre and a minimum lot width of 60 feet, except that where community water and sewer facilities are available, the lot area may be decreased to 8,000 square feet if located in the Developing, Established or Central Urban Areas, or 14,520 square feet if located in the Semi-Urban Area of the Albuquerque/Bernalillo County Comprehensive Plan.
2.
Front Yard:
a.
There shall be a front yard having a depth of not less than 20 feet except as provided in the Supplementary Height and Area Regulations Section of this ordinance.
b.
Where lots have double frontage, the required front yard shall be provided on both streets.
3.
Side Yard:
a.
Except as hereinafter provided in the following paragraph and in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a side yard on both sides of a building the aggregate width of which shall be not less than 14 feet, provided, however, that neither such yard shall be less than six feet in width.
b.
Wherever a lot of record, at the effective date of this ordinance [May 17, 1973], has a width of less than 60 feet, each side yard may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet.
4.
Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.
E.
Parking Requirements. 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 Section of this ordinance.
(Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-20, 10-22-13; Ord. No. 2014-11, 6-10-14)