4-3(F)   ACCESSORY USES 72

4-3(F)(1)   General

4-3(F)(1)(a)   All accessory uses must operate within an enclosed structure unless outside operation or features are inherent in the use or specified otherwise in this IDO.

4-3(F)(1)(b)   Accessory uses and approved conditional accessory uses run with the land, and are not personal to an operator.

4-3(F)(1)(c)   No accessory use may begin, and no structure for the accessory use may be erected, before the primary use of the property is established. No accessory use may continue after the primary use to which it is accessory ends.

4-3(F)(1)(d)   An approval for an accessory use may not be granted if there is no evidence of a City building permit for a primary building on the site or alternative evidence of a City business license for operation of a primary building on the site.

4-3(F)(2)   Agriculture Sales Stand

4-3(F)(2)(a)   This use may be operated outside an enclosed structure.

4-3(F)(2)(b)   This use is limited to 1 per lot.

4-3(F)(2)(c)   In any zone district except R-A, this use must be located behind the front façade of the primary building or residence.

4-3(F)(2)(d)   In any Residential zone district, 1 non-illuminated sign is allowed, provided that it meets the requirements in Table 5-12-1.

4-3(F)(2)(e)   The sales area associated with this use may not exceed 400 square feet in the R-A zone district. In any other zone district where this use is allowed, this use may not exceed 50 square feet, unless accessory to a community garden, in which case this use may not exceed 100 square feet.

4-3(F)(3)   Animal Keeping

4-3(F)(3)(a)   The use shall comply with all applicable City, State, and federal regulations related to animal care and protection.

4-3(F)(3)(b)   Animal species and number shall be regulated pursuant to Article 9-2 of ROA 1994 (Humane and Ethical Animal Rules and Treatment [HEART]), enforced by the City Animal Welfare Department.

4-3(F)(3)(c)   All development applications that include this use shall require review by a representative of the City Animal Welfare Department, pursuant to Subsection 14-16-6-4(J) Referrals to Commenting Agencies. 73

4-3(F)(3)(d)   This use may be operated outside an enclosed structure. Animals shall be contained on the property by a wall, fence, vegetated screen, retaining wall, pen, or enclosure that complies with requirements in Section 14-16-5-7 (Walls and Fences).

4-3(F)(3)(e)   In Residential zone districts other than R-A or any Mixed-use zone district, keeping cows and horses on a property shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A), provided that both of the following requirements are met.

   1.   The property contains at least ½ acre of gross land area.

   2.   The number of animals does not exceed 1 cow or horse for each 10,000 square feet of net lot area, or equivalent combination. Animals under 4 months old are not counted.

4-3(F)(3)(f)   Where general agriculture is allowed in the R-A zone district or any Non-residential zone district, keeping cows and horses is allowed as incidental to that use, pursuant to any Use-specific Standards in Subsection 14-16-4-3(D)(3).

4-3(F)(3)(g)   In the NR-C, NR-BP, NR-LM, and NR-GM zone districts, this use is limited to the keeping of guard dogs, and is subject to an approved permit from the City Animal Welfare Department.

4-3(F)(4)   Clean Room

4-3(F)(4)(a)   This use is only allowed when accessory to a use in the Industrial Uses category pursuant to Table 4-2-1.

4-3(F)(4)(b)   This use must obtain all applicable State and Federal permits and/or approvals for this activity and comply with the terms of those permits and approvals throughout the duration of the use.

4-3(F)(4)(c)   This use must comply with air quality permitting requirements found in Part 9-5 of ROA 1994 (Air Quality and Environmental Health Control).

4-3(F)(4)(d)   This use shall comply with distance separations in the Use-specific Standard for Heavy Manufacturing in Subsection 14-16-4-3(E)(5)(e).

4-3(F)(5)   Drive-through or Drive-up Facility

4-3(F)(5)(a)   Each stacking lane is limited to a maximum order board area of 50 square feet. The face of the order boards shall be oriented away from public streets to the maximum extent practicable. If not practicable, at least 2 evergreen trees shall be planted in the landscape buffer area required by Subsection 14-16-5-5(I)(2)(a) in locations that would best screen the order board from the public right-of-way.

4-3(F)(5)(b)   This use shall comply with the provisions of Section 14-16-5-5 (Parking and Loading) and Section 14-16-5-9 (Neighborhood Edges).

4-3(F)(5)(c)   This use is prohibited accessory to cannabis retail.

4-3(F)(5)(d)   Within 330 feet of Major Public Open Space, this use shall require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).

4-3(F)(5)(e)   Notwithstanding Subsection (d) above, this use is prohibited adjacent to Major Public Open Space.

4-3(F)(5)(f)   This use is prohibited in the following small areas as noted.

   1.   Downtown Small Area

This use is prohibited in the following mapped small area.

   2.   Downtown Neighborhood Area - CPO-3

      a.   This use is prohibited in the MX-L zone district unless accessory to a use other than a restaurant or any use in the Retail Sales category.

      b.   This use is prohibited in the MX-M zone district.

   3.   East Downtown - CPO-4

This use is prohibited in the East Downtown - CPO-4.

   4.   East Downtown - HPO-1

This use is prohibited in the East Downtown - HPO-1.

   5.   Nob Hill Small Area

This use is prohibited in the following mapped small areas.

   6.   Sawmill/Wells Park - CPO-12

This use is prohibited in the MX-L and NR-LM zone districts in the Sawmill/Wells Park - CPO-12.

   7.   South Yale Small Area

This use is prohibited in the MX-L and MX-M zone districts in the following mapped small area.

   8.   University Neighborhoods Small Area

This use is prohibited in any Mixed-use zone district in the following mapped small area.

   9.   Uptown Small Area

Within 330 feet of Louisiana Boulevard right-of-way between I-40 and Indian School Road, this use is conditional if accessory to a restaurant; otherwise, this use is prohibited if accessory to a restaurant in the following mapped small area (which includes all of the Uptown Urban Center as mapped in the ABC Comp Plan, as amended).

74   75

   11.   Volcano Mesa - CPO-13

This use is prohibited, unless accessory to a use other than restaurant, in the 3 areas mapped below.

4-3(F)(6)   Dwelling Unit, Accessory 76   77   78

4-3(F)(6)(a)   Where this use is allowed, only 1 accessory dwelling unit is allowed per lot and is limited to 750 square feet of gross floor area. A garage attached to the accessory dwelling unit shall not count toward this size limit.

   1.   Where added as accessory to a single-family or two-family detached dwelling, this use must be provided as an accessory building.

      a.   A renovation to a single-family detached dwelling to create a second unit with a kitchen, a separate entrance, and no shared spaces within the original dwelling is regulated separately as a two-family detached dwelling in Table 4-2-1.

      b.   A second kitchen within a single-family or two-family detached dwelling is regulated separately as an allowable accessory use in Table 4-2-1.

   2.   In a Mixed-use or Non-residential zone district, an accessory dwelling unit may be added for the caretaker of a primary non-residential use, either attached to or detached from the building with a primary use.

4-3(F)(6)(b)   A minimum 5-foot side or rear setback is required.

4-3(F)(6)(c)   An accessory dwelling unit shall be no taller than the primary structure on the property.

4-3(F)(6)(d)   Building façades of an accessory dwelling unit shall be the same or similar in color to that of the primary building on the lot.

4-3(F)(6)(e)   A detached accessory dwelling unit shall comply with any applicable provisions of Subsection 14-16-5-11(C)(4) (Accessory Buildings).

4-3(F)(6)(f)   In any Residential or Mixed-use zone district, a detached accessory dwelling unit shall be located behind the rear wall of a primary building. On corner lots, the accessory dwelling unit shall have the same minimum street side setback requirement as the primary building.

4-3(F)(6)(g)   The following small areas have special regulations for accessory dwelling units in the R-1 zone district.

   1.   Downtown Neighborhood Area - CPO-3

      a.   An accessory dwelling unit shall not exceed 650 square feet of gross floor area. A garage or shed attached to an accessory dwelling unit shall not count toward this size limit.

      b.   A detached accessory dwelling unit shall not exceed the height of the primary dwelling or 18 feet, whichever is less.

   2.   Sawmill/Wells Park - CPO-12

      Accessory dwelling units in the R-1 zone district are only allowed on lots with a minimum of 7,000 square feet in the Sawmill/Wells Park - CPO-12.

4-3(F)(7)   Family Care Facility

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

4-3(F)(7)(b)   Only members of the residing household may provide care.

4-3(F)(7)(c)   Any outdoor play area shall be enclosed by an opaque wall, fence, or vegetative screen at least 6 feet in height.

4-3(F)(7)(d)   No sign is allowed.

4-3(F)(8)   Family Home Day Care

4-3(F)(8)(a)   The operator of this use must obtain and maintain in effect at all times any City or State permit or license required for the operation of this use.

4-3(F)(8)(b)   Only members of the residing household may provide care.

4-3(F)(8)(c)   Any outdoor play area shall be enclosed by an opaque wall, fence, or vegetative screen at least 6 feet in height.

4-3(F)(8)(d)   Only a sign meeting the requirements for a home occupation is allowed.

4-3(F)(9)   Hobby Breeder

4-3(F)(9)(a)   The operator of this use must comply with all applicable City, State, and federal regulations and permitting procedures that govern the breeding of animals, including Article 9-2 of ROA 1994 (HEART), enforced by the City Animal Welfare Department.

4-3(F)(9)(b)   This use may be operated outside an enclosed structure.

4-3(F)(10)   Home Occupation

4-3(F)(10)(a)   The 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(F)(10)(b)   The following uses from Table 4-2-1 and activities are prohibited as home occupations:

   1.   Any use in the Agricultural or Animal-related category.

   2.   Any use in the Food, Beverage, and Indoor Entertainment category, except a catering service that meets the requirements of the state Homemade Food Act and does not require a permit from the New Mexico Environment Department.

   3.   Any use in the Motor Vehicle-related category.

   4.   Any use in the Industrial Uses category.

   5.   Commercial services.

   6.   Construction contractor facility and yard.

   7.   Crematorium.

   8.   Mortuary.

   9.   Adult retail.

   10.   Liquor retail.

   11.   Any use involving the storage or use of hazardous materials.

   12.   Cannabis retail.

   13.   Nicotine retail.

4-3(F)(10)(c)   No more than 25 percent of the floor area of the dwelling unit where the operator of the home occupation(s) resides may be devoted to the home occupation(s), except that in the MX-T district up to 50 percent of the floor area of the dwelling unit may be devoted to home occupations. If more than one home occupation is conducted in the dwelling, these limits shall apply to all home occupations collectively, not individually.

4-3(F)(10)(d)   Only members of the residing family may be employed to work on-site.

4-3(F)(10)(e)   Only goods and services created on the premises may be sold on the premises.

4-3(F)(10)(f)   All business activities shall be conducted in the primary building or an allowed accessory structure.

4-3(F)(10)(g)   The outside appearance of the dwelling or unit shall not show evidence of the use, including but not limited to outside storage, noise, dust, odors, noxious fumes, or other nuisances emitted from the premises, except that 1 non-illuminated sign is allowed. In any Residential zone district, the maximum size of the sign is regulated by Table 5-12-1. In any Mixed-use zone district, the sign may not exceed 2 square feet.

4-3(F)(10)(h)   All parking requirements in Section 14-16-5-5 (Parking and Loading) shall be met, including but not limited to Subsection 14-16-5-5(F)(2)(a) and Table 5-5-6 that limit front yard parking.

4-3(F)(10)(i)   The home occupation shall not regularly attract more than 2 individuals simultaneously and shall not generate significantly greater traffic volume than would normally be expected in the residential area in which the home occupation is conducted.

4-3(F)(10)(j)   Commercial vehicle visits to the property shall be limited to no more than 10 per consecutive 7-day period.

4-3(F)(10)(k)   Customer visits and deliveries to the home occupation shall not occur between 10:00 P.M. and 7:00 A.M.

4-3(F)(11)   Independent Living Facility

This use is only allowed when accessory to an assisted living facility or nursing home.

4-3(F)(12)   Mobile Food Truck

4-3(F)(12)(a)   For purposes of this Subsection 14-16-4-3(F)(12), "operation" of a mobile food truck includes any activity involved with food preparation or sales unless specified otherwise in this IDO.

4-3(F)(12)(b)   Mobile food trucks may remain in place for the following periods of time:

   1.   Indefinitely, if they do not occupy any required off-street parking spaces for the primary use on the subject property.

   2.   Up to 7 calendar days, if they do not occupy more than 10 percent of the required off-street parking spaces for the primary use on the subject property.

   3.   For the amount of time specified on an approved Temporary Use Permit, if they occupy more than 10 percent of required off-street parking spaces for the primary use on the subject property.

4-3(F)(12)(c)   The mobile food truck operator must provide trash receptacles and remove them after use.

4-3(F)(12)(d)   To locate more than 5 mobile food trucks on one lot, a Site Plan - Administrative demonstrating adequate public access and safety and vehicle circulation must be reviewed and decided pursuant to Subsection 14-16-6-5(G).

4-3(F)(12)(e)   Mobile food trucks shall comply with all applicable City, State, and federal requirements, including but not limited to Part 9-6-5 of ROA 1994 (Health, Safety & Sanitation Code) and Part 9-9-4 of ROA 1994 (General Noise).

4-3(F)(12)(f)   Mobile food trucks in the public right-of-way shall comply with Section 8-5-1-42 of ROA 1994 (Mobile Food Units on Public Streets).

4-3(F)(12)(g)   This use is allowed to operate on private property in any Residential zone district, provided that:

   1.   The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the Mobile food truck and made available for review by any City inspector at all times during the operation of the mobile food truck at the site.

   2.   The mobile food truck does not operate on the same residential property more than 12 days in any calendar year.

4-3(F)(12)(h)   This use is allowed to operate on private property in any Mixed-use or Non-residential zone district, provided that all of the following requirements are met.

   1.   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food truck is operating outside of the business hours of on-premises uses.

   2.   The mobile food truck and any associated tables, chairs, displays, umbrellas, or the like, do not obstruct any designated ingress or egress from the property, or any designated drive aisle.

   3.   The mobile food truck has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck at the site.

   4.   The use is located on a paved surface.

4-3(F)(12)(i)   In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile food truck and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district. Other sales or services may be allowed as approved by the City Parks and Recreation Director.

4-3(F)(13)   Mobile Vending Cart

4-3(F)(13)(a)   All applicable Environmental Health and other City regulations shall apply to the operation of Mobile vending carts.

4-3(F)(13)(b)   This use may be operated outside an enclosed structure.

4-3(F)(13)(c)   In the NR-PO-A zone district, this use must have written permission from the City Parks and Recreation Department, a copy of which shall be kept in the mobile vending cart and made available for review by any City inspector at all times during operation of the mobile food truck in the NR-PO-A zone district.

4-3(F)(14)   Outdoor Animal Run

4-3(F)(14)(a)   This use may be operated outside of fully enclosed portions of a building.

4-3(F)(14)(b)   Where this use is allowed, the runs must be screened from any adjacent property in any Residential zone district or any lot containing a residential use in any Mixed-use zone district by an opaque wall, fence, or vegetative screen at least 6 feet in height, made of materials similar in color and materials to those used on the primary building.

4-3(F)(14)(c)   No animals shall be allowed to occupy the outdoor run between 10:00 P.M. and 7:00 A.M.

4-3(F)(15)   Outdoor Dining Area

4-3(F)(15)(a)   The outdoor dining area shall be accessory to the immediately abutting primary use, and the items sold for consumption in the outdoor dining area shall be sold in the immediately abutting primary use.

4-3(F)(15)(b)   The use shall not include any open flames or other safety or health hazards, with the exception of tabletop candles.

4-3(F)(15)(c)   If the use is located on a public sidewalk, all of the following requirements shall be met.

   1.   Any outdoor dining area must maintain a minimum clear path of 4 or 6 feet, depending on adjacent roadway classification, per Section 6-5-5-14 of ROA 1994 (Sidewalk Design and Construction Standards and Procedures), in order to maintain use of the public sidewalk for all users.

   2.   The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City that establishes the boundaries of the area permitted for this use.

   3.   Before and after the immediately abutting primary business's operating hours, all furniture, equipment, and goods shall be removed from the sidewalk area or otherwise secured to prevent movement by natural elements or by unauthorized persons.

   4.   Outside of the operating hours of the immediately abutting primary business, the sidewalk area shall be cleaned of all dining materials and waste.

4-3(F)(15)(d)   Outdoor dining areas where alcohol is consumed must meet all applicable New Mexico State law requirements. If this results in the construction of a wall, fence, or similar barrier around the perimeter and the wall, fence, or similar barrier is located on the sidewalk, all of the following requirements shall be met.

   1.   The owner or operator of the immediately abutting primary use shall be required to obtain a revocable permit from the City.

   2.   A decorative wall, fence, or similar barrier shall be limited to between 3 feet and 4 feet in height and shall be located at least 6 feet from any building standpipe, hydrant, crosswalk, drive aisle, alleyway, access ramp, parking meter, landscape bed, street tree, sign post, utility pole, or similar obstacle.

   3.   The depth of the area enclosed by a wall, fence, or barrier shall not be greater than 50 percent of the width of the sidewalk, measured from back of curb to the building edge closest to the sidewalk, and shall leave a clear pedestrian passage area at least 6 feet in width.

   4.   The area enclosed by a wall, fence, or barrier shall not contain any utility vault.

4-3(F)(16)   Second Kitchen in a Dwelling 79

4-3(F)(16)(a)   This use must be accessory to a single-family or two-family detached dwelling.

4-3(F)(16)(b)   The kitchen must be incidental to occupancy of the entire house in common by members of 1 family, and 2 distinct dwelling units may not be created.

4-3(F)(17)   Other Use Accessory to Non-residential Primary Use

4-3(F)(17)(a)   This use may be operated outside an enclosed structure.

4-3(F)(17)(b)   Unless accessory to a religious institution, the use must be intended primarily for the use of occupants of the building.

4-3(F)(17)(c)   Unless accessory to a religious institution, the use is limited to a maximum of 10 percent of the gross floor area of the primary building.

4-3(F)(17)(d)   In any Mixed-use zone district, this use must be accessory to a non-residential use.

4-3(F)(18)   Other Use Accessory to Primary Residential Use

4-3(F)(18)(a)   The use must be intended for the exclusive use of residents of the premises on which the accessory use is located, and their invited guests.

4-3(F)(18)(b)   This use may be operated outside an enclosed structure.

4-3(F)(18)(c)   In any Mixed-use zone district, this use must be accessory to a primary residential use.

 

Notes

72	72 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #2. EPC considered but did not recommend approval of proposed amendments to create an Outdoor Amplified Sound accessory use and related standards. [Spreadsheet Item #2, Item #7, and Item #50]
73	73 2023 IDO Annual Update - Citywide Text Amendments - LUPZ REVIEW. LUPZ Amendment A1 [O-24-13]. Passed 5/15/2024.
74	74 IDO Annual Update 2023 - Small Area Text Amendments - EPC REVIEW. EPC considered but did not recommend approval of a proposed amendment to remove this prohibition on drive-through facilities in Mixed-use zone districts within the Volcano Heights Urban Center [Project# 2018-001843 / RZ-2023-00044].
75	75 2023 IDO Annual Update - Small Area Text Amendment - COUNCIL REVIEW. Volcano Heights Urban Center [O-24-11]. Passed 6/17/2024.
76	76 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #7. EPC considered but did not recommend approval of proposed changes to use-specific standards for Accessory Dwelling Units related to proposed amendments for Duplexes.
77	77 2023 IDO Annual Update - Citywide Text Amendments - LUPZ REVIEW. LUPZ Amendment A5 [O-24-13]. Failed 5/15/2024.
78	78 2023 IDO Annual Update - Citywide Text Amendments - COUNCIL REVIEW. Council Amendment B2 [O-24-13]. Failed 6/17/2024.
79	79 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with term used in Table 4-2-1 and Table 5-1-1. [Spreadsheet Item #60]