Building height limits apply to all portions of all structures on the property, unless an exception is specified in Table 5-1-4 or any other provision of this IDO. Table 5-1-4 identifies exceptions to required building setback areas and exceptions to building height limits that apply unless specified otherwise in an Overlay zone. Required setback areas other than the exceptions allowed in Table 5-1-4 shall be open and unobstructed from the ground upward.
Structure or Feature | Conditions or Limits |
Encroachments into Required Setback Areas | |
Accessory building | May encroach any amount into a required side or rear setback, subject to the with Articles 14-1, 14-2, and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes, Fire Code, and Uniform Housing Code). |
Accessory ground-mounted wind energy system | As specified in Subsection 14-16-4-3(E)(11) (Wind Energy Generation). |
Architectural feature including awning, canopy, sill, chimney, belt course, cornice, and ornamental feature | May encroach up to 2 ft. into a required side or rear setback, but not closer than 3 ft. from any lot line. May encroach any amount into a required front setback; encroachments into the public right-of-way require an approved revocable permit. |
Balcony or bay window | May encroach any amount into a required front or street side setback; encroachments into the public right-of-way require an approved revocable permit. |
Carport | As specified in Subsection 14-16-5-5(F)(2)(a)3 (Carports). |
Dumpster enclosure | May encroach any amount into a required side or rear setback. |
Evaporative cooler | May encroach up to 4 ft. into a required side or rear setback. |
Freestanding sign | May encroach into a required setback, but not closer than 3 ft. from any lot line. |
Ground-mounted solar collector | Allowed per Section 47-3-4 NMSA 1978. |
Open or lattice-enclosed fire escape, fireproof outside stairway, and balcony opening upon smoke towers | May encroach up to 10 ft. into a required rear setback. |
Porch | May encroach into a required setback, but not closer than 5 ft. from any lot line. May encroach up to the front lot line in Urban Center, Main Street, or Premium Transit (UC-MS-PT) areas. Any portion that is over a driveway must meet regulations applicable to carports as specified in Subsection 14-16-5-5(F)(2)(a)3 (Carports). |
Site design element placed directly upon the average lot grade that is less than 18 inches above the surrounding average lot grade, including deck, walkway, step, patio, and terrace
| May project into a required setback, except that decks, patios, and terraces above grade may not encroach closer than 3 ft. from any lot line. |
Shade structure for low-density residential development | May encroach into a required side or rear setback, but not closer than 3 ft. from any lot line. No more than 50% of rear yard may be covered by a roof. No wall to support the structure may be constructed in any setback area. |
Swimming pool | May encroach into a required setback, but in-ground swimming pools shall not be closer than 5 ft. from any lot line or building. |
Wall or fence | As specified in Section 14-16-5-7 (Walls and Fences). |
Exceptions to Building Height Limits | |
Belfry, church spire or tower, flag pole, flue, statue, ornamental tower or spire, chimney, conveyor, cooling tower, cupola or dome, elevator housing, mechanical equipment and related screening (not including any parapet), observation tower or deck, penthouse, smoke enclosure, smoke stack, stage tower or scenery loft, tank, and water tower | Exempt from height limits for primary buildings. |
Non-commercial or broadcast antenna | May be up to 65 feet. |
Rooftop solar collector | Allowed per Section 47-3-4 NMSA 1978. |
Shade structure | In the R-A, R-1, R-T, R-ML, R-MH, and MX-T zone districts, may not exceed 12 ft. in height. |
Wind generation device | As specified in Subsection 14-16-4-3(E)(11) (Wind Energy Generation). |
Wireless Telecommunications Facility (WTF) | As specified in Subsection 14-16-4-3(E)(12)(d) (Wireless Telecommunications Facility Maximum Height). |