4-3(B)   RESIDENTIAL USES

4-3(B)(1)   Dwelling, Single-family Detached

4-3(B)(1)(a)   In the R-A and R-1 zone districts, only 1 single-family detached dwelling is allowed per lot unless the units are part of a cottage development, in which case the provisions of Subsection 14-16-4-3(B)(3) apply.

4-3(B)(1)(b)   If the single-family detached dwelling meets the definition of a manufactured home, the manufactured home shall meet the following standards, as applicable. 22

   1.   The applicant shall provide the title of the manufactured home to demonstrate that it was constructed on or after June 15, 1976, the effective date of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC. Sec. 5401).

   2.   Each manufactured home shall have a certification plaque certifying compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974. The applicant shall provide proof of the certification plaque.

   3.   If the dwelling is located in an R-MC district, the provisions of Subsection 14-16-2-3(C) (Residential - Manufactured Home Community Zone District (R-MC)) shall apply.

   4.   If the dwelling is not located in an R-MC zone district, the manufactured home shall meet all of the following requirements.

      a.   When used as a residence, only 1 manufactured home may be located on a lot.

      b.   Each manufactured home shall be installed on a permanent foundation with an anchorage and tie-down constructed to meet the requirements of with Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) or the manufactured home installation code.

      c.   All Development Standards applicable to other single-family detached dwellings in the zone district where the manufactured home is located shall apply to this use.

      d.   For changes of use in or rezoning of a subject property that includes 2 or more manufactured homes that will result in expiration or termination of resident occupancy in any zone district, the standards in Subsection 14-16-2-3(C)(3)(g) (R-MC Zone District Standards) apply.

4-3(B)(2)   Dwelling, Mobile Home 23

4-3(B)(2)(a)   If the mobile home dwelling is located in an R-MC district, the provisions of Subsection 14-16-2-3(C) (Residential - Manufactured Home Community Zone District (R-MC)) apply. Changes of use in or rezoning of a subject property that will result in expiration or termination of resident occupancy require notice pursuant to Subsection 14-16-2-3(C)(3)(g) (R-MC Zone District Standards).

4-3(B)(2)(b)   If the mobile home dwelling is located in any other zone district, the provisions of Subsection 14-16-6-8(C)(7) apply.

4-3(B)(3)   Dwelling, Cluster Development

4-3(B)(3)(a)   Minimum project size for this use is 1 acre.

4-3(B)(3)(b)   Zone district lot and setback requirements, including contextual standards in Subsection 14-16-5-1(C)(2), shall apply to the project site as a whole, but not to individual dwellings.

4-3(B)(3)(c)   The number of dwelling units is determined by dividing the area of the project site by the minimum lot size allowed in the zone district, rounded down to the nearest whole number.

   1.   Cluster developments comprised of more than 20 dwelling units shall be comprised of cluster groups.

      a.   A cluster group shall not exceed 15 dwelling units.

      b.   Each cluster group shall be separated by common open space or usable open space at least 50 feet in length and width.

   2.   In the Los Duranes - CPO-6, the number of dwelling units in a cluster development shall not exceed 20.

4-3(B)(3)(d)   If the zone district allows two-family detached (duplex) dwellings, a cluster development may include that dwelling type.

4-3(B)(3)(e)   The cluster development project site shall include common open space set aside for agriculture, landscaping, on-site ponding, outdoor recreation, or any combination thereof allowed in the zone district, and for the use and enjoyment of the residents.

   1.   The common open space area shall be 30 percent of the gross area of the project site or 100 percent of the area gained through lot size reductions, whichever is greater.

   2.   No structure is allowed in any required common open space except shade structures or structures necessary for operation and maintenance.

   3.   Any required common open space shall have a minimum length and width of 35 feet.

   4.   Required common open space may be walled or fenced but shall be partially visible from a street through openings in, and/or with trees visible above, the wall or fence.

   5.   Common open space may be dedicated to the City as Major Public Open Space if accepted by the Open Space Division of the City Parks and Recreation Department.

   6.   Maintenance for common open space areas is the responsibility of the property owner, unless those areas are dedicated the City, pursuant to Subsection 14-16-5-13(B) (Maintenance Standards).

4-3(B)(3)(f)   The cluster development shall be designated on a Site Plan and plat with each dwelling on an individual subdivided lot, and any required common open space shall be on separate subdivided lot(s) or easement(s).

4-3(B)(4)   Dwelling, Cottage Development

4-3(B)(4)(a)   The maximum project size for a cottage development is 2 acres.

4-3(B)(4)(b)   The minimum project size for a cottage development is as follows:

   1.   General: 1 acre.

   2.   In UC-MS-PT areas or within 1,320 feet (¼ mile) of UC-MS-PT areas: 10,000 square feet.

   3.   Outside of UC-MS-PT areas, if granted a Conditional Use approval pursuant to Subsection 14-16-6-6(A): 10,000 square feet

4-3(B)(4)(c)   Cottage developments shall be measured in square feet of residential gross floor area rather than in the number of dwelling units. 24

   1.   In all zone districts, a cottage development shall have no more than the total residential gross floor area that would be allowed on an equal size property in the same zone district for single-family detached development. This is calculated by first determining the number of lots that would be allowed in that zone district, assuming the minimum lot size established in Table 5-1-1.

      a.   That number, including whole numbers and any fractions of a lot, is then multiplied by an assumed size of a typical single-family detached dwelling to determine the maximum residential gross floor area.

         i.   In the R-1D subzone, the assumed size of a typical single-family detached dwelling is 2,600 square feet.

         ii.   In all other zones where the use is allowed, the assumed size of a typical single-family detached dwelling is 2,000 square feet.

      b.   In the R-T or R-ML zone districts, for which minimum lot sizes are established for different residential uses, the calculation of the number of lots that would be allowed shall be based on the minimum lot size for the relevant low-density residential use (i.e. single-family or two-family detached dwelling if the cottage development will consist of single-family or two-family detached dwellings or townhouse dwelling if the cottage development will consist of townhouse dwellings).

      c.   In the MX-T zone district, for which minimum lot sizes are not established in Table 5-1-2, the calculation of the number of lots that would be allowed shall be based on the minimum lot sizes established for the R-ML zone district in Table 5-1-1 for the relevant low-density residential use (i.e. single-family or two-family detached dwelling if the cottage development will consist of single-family or two-family detached dwellings or townhouse dwelling if the cottage development will consist of townhouse dwellings).

   2.   Any combination of dwelling units of different sizes that total no more than the maximum total residential gross floor area would be allowed on the project site, with the following exceptions:

      a.   The maximum size of each dwelling unit is 1,200 square feet of gross floor area.

      b.   In the R-A and R-1 zone districts, the minimum size of each dwelling unit is 650 square feet of gross floor area.

Example:

On a 1 acre site in the R-A zone district, 4 lots would be allowed, given the minimum lot size of 10,890 square feet (1/4 acre) in the R-A zone district.

Multiply the 4 lots allowed by 2,000 square feet. The site would be allowed 8,000 square feet of residential gross floor area. For example, 8 dwelling units of 1,000 square feet each would be allowed.

4-3(B)(4)(d)   Zone district lot and setback requirements, including contextual standards in Subsection 14-16-5-1(C)(2), shall apply to the project site as a whole, but not to individual dwellings.

4-3(B)(4)(e)   The development may contain a shared indoor community space for all residents in the development to use for activities, cooking, and/or dining. If a such a space is provided, the building area is not included in the maximum total residential gross floor area.

4-3(B)(4)(f)   If individual cottage dwelling units do not have kitchens, a shared community space with a kitchen in a fully enclosed portion of a building accessible to all residents shall be provided.

4-3(B)(4)(g)   Homeowners association or other recorded documents shall require that any the sale of individual dwelling units also include an associated interest in shared or common lands, structures or facilities and shall require the buyer's continued responsibility for its share of those responsibilities.

4-3(B)(4)(h)   Each project site shall maintain a landscape buffer at least 10 feet wide, meeting the requirements of Section 14-16-5-6 (Landscaping, Buffering, and Screening) along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.

4-3(B)(4)(i)   In the R-A and R-1 zone districts, 30 percent of the gross area of the project site shall be usable open space. Open balconies and rooftop decks shall not count toward this requirement.

4-3(B)(4)(j)   If the zone district allows two-family detached (duplex) or townhouse dwellings, a cottage development may include those dwelling types.

4-3(B)(5)   Dwelling, Two-family Detached (Duplex)

4-3(B)(5)(a)   Where this use is allowed and the 2 dwelling units are on separate lots, interior side setbacks required by the zone district shall not apply to any lot line where the 2 units share a common wall.

4-3(B)(5)(b)   This use is prohibited in the R-1 zone district, except in R-1A where 1 two-family detached dwelling is permissive on 2 lots where the building straddles the lot line and each dwelling unit is on a separate lot. (See figure below.)

4-3(B)(6)   Dwelling, Townhouse

4-3(B)(6)(a)   For townhouse developments containing more than 6 dwelling units on a common lot, minimum usable open space shall be provided as follows:

   1.   Efficiency or 1 bedroom: 200 square feet per unit.

   2.   2 bedrooms: 250 square feet per unit.

   3.   3 or more bedrooms: 300 square feet per unit.

   4.   In UC-MS-PT areas, the minimum usable open space required shall be 50 percent of the requirements in Subsections 1 through 3 above.

4-3(B)(6)(b)   The required side setbacks required by Part 14-16-5 (Development Standards) shall apply to the end units of each townhouse dwelling, and shall not apply to interior side lot lines where townhouse dwelling units share a common interior wall.

4-3(B)(6)(c)   For properties on which the rear or side lot line abuts an R-A or R-1 zone district or on which the rear lot line is across an alley from an R-A or R-1 zone district, no townhouse dwelling may contain more than 3 dwelling units.

4-3(B)(6)(d)   In the MX-L, MX-M, and MX-H zone districts, on properties abutting a Main Street (MS) corridor or on properties in a Premium Transit (PT) area that abut a PT corridor, townhouses are prohibited unless the front façade faces the MS or PT corridor. 25

4-3(B)(6)(e)   In any Mixed-use zone district west of the Rio Grande on properties abutting the public right-of-way of a Major Transit (MT) or Premium Transit (PT) Corridor, allowable uses in the Commercial category are required along at least 50 percent of the ground floor of the façade facing the Major Transit or Premium Transit Corridor.

4-3(B)(7)   Dwelling, Live-work

4-3(B)(7)(a)   The business operator must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use, including a business registration permit from the City.

4-3(B)(7)(b)   The building and lot may be used for both a residence and a business that does not qualify as a home occupation being conducted by a resident of the building.

4-3(B)(7)(c)   The building and lot may not be used for the following uses identified in Table 4-2-1: any use in the Agricultural or Animal-related category; any use in the Food, Beverage, and Indoor Entertainment category; any use in the Motor Vehicle-related category; any use in the Industrial Uses category except artisan manufacturing or outdoor storage; commercial services; construction contractor facility and yard; crematorium; mortuary; adult retail; or liquor retail.

4-3(B)(7)(d)   A wall sign no more than 8 square feet in size or as allowed by the underlying zoning, whichever is lesser, and located no higher than the top of the ground floor of the building is allowed.

4-3(B)(8)   Dwelling, Multi-family

4-3(B)(8)(a)   In DT-UC-MS-PT 26 areas, this use shall provide somewhere on the lot at least 1 tree per ground floor dwelling unit, in addition to meeting all applicable standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening).

4-3(B)(8)(b)   In other areas, this use shall meet the following landscape standards, in addition to all applicable standards in Section 14-16-5-6 (Landscaping, Buffering, and Screening).

   1.   This use shall provide, somewhere on the lot, at least 1 tree per ground floor dwelling unit and at least 1 tree per second floor dwelling unit; no additional trees are required for additional dwelling units on the third or higher floors.

   2.   Twenty-five (25) percent of the net lot area shall contain landscaping; playgrounds, sports courts, swimming pools, or similar features may count up to 10 percent of net lot landscaping. Tree canopies and ground-level plants shall cover a minimum of 75 percent of the total landscaped area, and the maximum a tree canopy shall count toward this requirement is 600 square feet.

   3.   Cool season grasses are restricted to 20 percent of the landscape area. Warm season grasses may cover up to an additional 70 percent of the landscape area.

4-3(B)(8)(c)   At least 50 percent of the trees required by Subsection (a) or (b) above shall be deciduous canopy-style shade trees or coniferous trees capable of attaining a mature canopy diameter of at least 25 feet.

4-3(B)(8)(d)   No more than 40 percent of required usable open space can be private to a household or occur on upper stories of the project buildings unless the site is located in a DT-UC-MS-PT area or is 660 feet or less in any direction of an NR-PO zone district or Major Public Open Space.

4-3(B)(8)(e)   In Mixed-use zone districts, a maximum of 100 dwelling units resulting from a conversion of existing non-residential development to a residential use shall be exempt from the definition of kitchen in IDO Section 14-16-7-1 in multi-family residential dwellings that receive funding through the City of Albuquerque Department of Family and Community Services as affordable housing as defined by Article 14-21 of ROA 1994 (Affordable Housing Implementation Ordinance), if all of the following requirements are met. 27

   1.   A separate kitchen and bathroom shall be provided in each dwelling unit.

   2.   The kitchen shall include all of the following requirements:

      a.   A sink of adequate size and shape for washing dishes and food items (as opposed to washing hands).

      b.   A refrigerator that inclues a separate freezer compartment.

      c.   A countertop surface, an appliance for warming food (such as microwave or hotplate), and an electrical outlet that allows the appliance to be plugged in safely.

   3.   An accessory or primary use for office or personal services shall be provided on the same premises for service coordination.

   4.   An agreement shall be provided with application materials to prove that a minimum of 40 hours of support services a week will be provided to residents.

   5.   Units shall have a maximum of 2 bedrooms, and occupancy shall be limited as follows:

      a.   2 people per efficiency unit.

      b.   2 people per 1-bedroom unit.

      c.   4 people per 2-bedroom unit.

4-3(B)(8)(f)   In any Mixed-use zone district west of the Rio Grande on properties abutting the public right-of-way of a Major Transit or Premium Transit Corridor, allowable uses in the Commercial category are required along at least 50 percent of the ground floor of the façade facing the Major Transit or Premium Transit Corridor.

4-3(B)(8)(g)   In the MX-L and MX-M zone districts in the North I-25 - CPO-10, this use is prohibited on the ground floor.

4-3(B)(8)(h)   This use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) if located on the ground floor of any building in the Downtown Center in any zone district other than MX-FB-ID or in the Volcano Heights Urban Center.

4-3(B)(9)   Community Residential Facility, Small or Large

4-3(B)(9)(a)   This use must comply with all applicable local, State, and federal regulations.

4-3(B)(9)(b)   Each community residential facility occupying a structure originally designed for a use in the Household Living category shall comply with the Development Standards in Part 14-16-5 applicable to the zone district in which it is located.

4-3(B)(10)   Group Home, Small, Medium, or Large

4-3(B)(10)(a)   This use must comply with all applicable local and State regulations.

4-3(B)(10)(b)   This use is prohibited within 1,500 feet in any direction of a lot containing any other group home. 28

4-3(B)(10)(c)   The total number of group homes shall not exceed 30 in each City Council District.

 

Notes

22	2021 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency.
23	2021 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Added editorially to provide cross references to relevant Subsections.
24	2021 IDO Annual Update - Citywide Text Amendments – LUPZ REVIEW. Amendment A3 and Amendment A4 – Passed at LUPZ Hearing on 3/30/3033. Revised editorially to change “or” to “and” for clarity, add “detached” to single-family dwelling to match the defined term, and to create subsections for R-1D versus all other zones.
25	2021 IDO Annual Update - Citywide Text Amendments – LUPZ REVIEW. Amendment A9 – Passed 3/30/2022.
26	2021 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
27	2021 IDO Annual Update - Citywide Text Amendments – LUPZ REVIEW. Amendment A2 – Passed 4/13/2022.
28	28 2021 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with the IDO.