(A) Permitted primary use. One, two, three and four family dwellings built to applicable IBC standards, or such building code as may be applied by the New Mexico Construction Industries Division, or to HUD Zone Code II standards applicable to multi- section manufactured homes.
(B) Heated area. A single-family detached dwelling shall have a minimum of 800 square feet of heated area and multi-family attached units shall have a minimum of 500-square feet of heated area per unit, exclusive of, but not limited to, garage, workshop and/or storage.
(C) Height. Structure shall not exceed 26', with a two-story maximum allowance.
(D) Minimum building width. No structure shall be less than 20' in width.
(E) Roof. Dwellings shall have a flat roof with parapets, or a pitched roof including, but not limited to gable, hip, gambrel or shed roof designs.
(F) Perimeter wall. Multi-section manufactured homes shall have a masonry or concrete foundation perimeter wall. The foundation perimeter wall must be in place within 30 days of completion of construction and/or placement. Any home that is built, or set, with a space between the pad and the flooring shall include no less than two access panels or doors to provide for firefighter access. The access panels are to be located on opposite sides of the structure from each other at the points furthest apart from each other.
(G) Parking spaces.
(1) Single family homes: Two parking spaces.
(2) Multi-family homes: Two, three and four family homes shall be required to provide parking based on the bedroom count listed below: upon the approved plans apartment bedroom count as follows:
(a) Studios: one parking space.
(b) One-, two-, and three- bedroom units: two parking spaces.
(c) Four-bedroom units: three parking spaces.
(H) Setbacks. Minimum setbacks are:
(1) Front setback 30 feet;
(2) Side setback five feet, with no one side less than five feet or ten feet when abutting BLM or BOR Land; and
(3) Rear setback five feet, or ten feet when abutting BLM or BOR Land.
(I) Open space. No more than 60% of any lot may be covered by impervious structures ONLY.
(J) Construction work. No clearing or construction work shall commence prior to the issuance of a zoning permit. If contractor or owner prior to the issuance of a zoning permit begins any clearing or construction, the cost of the zoning permit when issued, will be double the ordinary zoning permit cost as established by City Council resolution in addition to any cost assessed by the Magistrate Court.
(L) Date of completion. At the time a zoning permit is issued for any new construction, remodeling, expansion, or any other purpose for which a building permit is also required, the applicant must advise the City of Elephant Butte of the date of completion. Except for good cause shown, all the construction must be completed within 12 months of date zone permit issued. For any project requiring more than 12 months, a completion schedule will be required. If the project is a minimum of 75% complete the Land Use Administrator or designee can issue a three month/90 day extension for the completion of the project. If the project is less than 75% complete it will be required to go before the Zoning Commission to explain the new proposed completion schedule.
(M) Temporary portable structures during construction. A temporary/portable accessory building, structure or container as defined in § 155.005 may be used during construction according to the conditions stated therein.
(N) Voided permit. In cases where the City of Elephant Butte determines the construction poses a threat to the public health, safety and welfare, the city may declare the permit null and void and require that the applicant remove the unfinished construction and restore the property to its original state. The city shall not apply the provisions of this section in an arbitrary or capricious manner.
(Ord. 215, passed 8-16-2023)