(A) Intent. This zone district is to provide for the development of residential neighborhoods consisting of single-family dwelling units and those uses which are compatible with such a neighborhood.
(B) Area applications. Units 8 and 10.
(C) Building/development requirements.
(1) Primary permitted use. Primary permitted use is a single-family dwelling 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.
(2) One dwelling. Only 1 dwelling is permitted per lot. Guest dwellings are not a permitted use.
(3) Heated area. Dwellings shall have a minimum of 800 square feet of heated area exclusive of, but not limited to, garage, workshop and/or storage.
(4) Height. No structure shall exceed 18 feet in height.
(5) 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.
(6) Foundation 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 2 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.
(7) Parking spaces. A minimum of 2 off-street parking spaces per unit is required.
(8) Setbacks. Minimum setbacks are:
(a) Front setback 20 feet;
(b) Side setback 5 feet, or 10 feet when abutting BLM or BOR Land; and
(c) Rear setback 5 feet, or 10 feet when abutting BLM or BOR Land.
(9) Open space/lot coverage. No more than 70% of any lot may be covered by structure(s) and impermeable surfaces. An impermeable surface is any surface that does not permit the passage through or absorption of water.
(10) 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 Elephant Butte City Council resolution in addition to any cost assessed by the Municipal Court.
(11) Additional structures.Construction of additional structures shall conform to the requirements of § 155.006(E) of this code, “Zoning Permits.”
(12) New construction. 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 with 12 months of date zone permit issued. For any project requiring more than 12 months, a completion schedule will be required. The zoning permit will expire and become null and void at the end of the agreed time schedule.
(13) Density. No more than 14 dwellings per acre.
(14) 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.
(D) Clearing and grading. Applicant must comply with all requirements found in the City of Elephant Butte Code of Ordinances, Chapter 155 or any amendments or successor ordinances regarding the same subject matter.
(E) Permitted uses. By right the following uses are permitted in R-1-C Districts.
(1) One dwelling unit. One single-family dwelling unit 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. Mobile homes as defined in § 155.005 herein, other mobile homes not meeting the definition in § 155.005, and all other moveable or portable housing structures are not permitted uses.
(2) Accessory buildings and structures. Accessory buildings or structures including, but not limited to, garages, storage sheds, and noncommercial greenhouses. Not more than six accessory buildings or structures shall be permitted per lot. The combined square footage of all buildings and structures, including the principal building or structure and all accessory buildings or structures, shall not exceed the limitations on lot coverage contained herein.
(a) There shall be no water run-off on an adjacent property caused by an accessory building structure. Side gutters may be required by the Zoning Administrator.
(b) Accessory buildings shall be no less than ten feet from main use or structure and in conformance with the front setback.
(c) Un-walled metal carports may be adjacent to main use or structures and no closer than five feet from property lines in yards other than the primary front yard. Such carports may not encroach in the clear-sight triangle.
(3) Storage. Storage of vehicles, including, but not limited to, boats, campers, trailers or other recreational vehicles provided that any such vehicle is not used as additional living quarters and is not permanently connected to utilities. Storage of vehicles as identified herein is an accessory use and is not permitted on any lot in the absence of a dwelling on the same lot.
(4) Public utility. Public utility structure provided its location is based on the City of Elephant Butte Comprehensive Plan approved by the City Councilors.
(5) Sales. Garage sale, yard sale, or similar use:
(a) Two sales are permitted in a calendar year at a single address without charge after registering with the City Clerk-Treasurer of the City of Elephant Butte.
(b) A sale shall not exceed 3-consecutive days.
(c) All types of signs and advertising paraphernalia pertaining to the garage, yard, patio or similar sale must be removed at the end of the sale.
(6) Swimming pool. The pool shall meet all set back requirements, and a protective fence 4 feet minimum in height is to be provided around the yard, lot or pool area. The Commission may approve modification of these standards upon a showing of practical need with adequate safety features.
(F) Conditional/special use. The following uses may be allowed in this zone district only upon a special use permit being granted in accordance withthis code. The Elephant Butte Planning and Zoning Commission may recommend this special use permit after a public hearing. Special uses include, but are not limited to:
(1) Child care center (6 or fewer children);
(2) Group residences for special needs;
(3) Public parks, playground, ball fields or tennis courts;
(4) Church;
(5) Community and municipal building; and
(6) Home-based business provided that:
(a) In all cases, the home-based business shall be clearly incidental and subordinate to the primary residential use of the property.
(b) Proprietors shall be in complete compliance with this code and all other current local, state and federal regulations. Failure to comply may result in revocation of the home-based business registration.
(c) The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located. There shall be no more than 1 non-resident employee on site.
(d) It does not change the residential character of the neighborhood.
(e) One non-illuminated sign not exceeding 2-square feet in area mounted flush to a building is permitted.
(f) No exterior storage of stock in trade or materials used in the conduct of the home-based business shall be permitted.
(g) There shall be no external (outside) evidence of the business activity such as noise, dust, odors, fumes, electrical interference or other nuisances emitted from the home-based business.
(h) Required off-street parking of the dwelling unit shall not be reduced or expanded as a result of the home-based business.
(i) The home-based business shall not create any vehicular traffic at the dwelling or in the neighborhood in excess of that normally generated by the residential use of that dwelling. Non-transferable: home-based business registrations may not be transferred from location to location. Prior to moving a home-based business, the owner or agent of the business must apply for and receive a new registration for the proposed new location.
(G) General restrictions.
(1) No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.
(2) All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.
(a) Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;
(b) Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;
(c) 1. Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance.
2. Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.
(d) The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions;
1. A maximum of 12 female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.
2. There shall be no age restrictions on keeping of female chickens (hens).
3. No roosters may be kept.
4. No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.
5. All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least four feet in height.
(e) The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.
(3) Standards for keeping of chickens; permits, setbacks and enforcement.
(a) Permits required. A Chicken Keeping Permit shall be required for the keeping of any chicken in accordance with the provisions of this chapter and issued by the Zoning Administrator. The permit obtained by the property owner and applicant shall be subject to the terms and conditions described herein this section.
1. Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte; and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of 12 female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.
2. Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.
(b) Requirement for enclosure, coop. All chickens shall additionally be provided an enclosed accessory building which shall be in the form of a predator-proof coop. The enclosure must contain a "chicken house" or coop so that each chicken shall have a location to roost. Before utilizing a coop for chickens, the owner of the chickens shall comply with all state regulations related to the raising of chickens as provided in Chapter 91.
1. A COOP shall be defined as an enclosure, cage, or pen, usually with bars or wires, in which fowls or other small animals are confined with total dimensions no less than four square feet per chicken and designed to be easily accessed, cleaned and maintained by the owners with both a top and bottom; and
2. No pen or coop may be closer than 20 feet to any property.
3. The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.
4. Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.
5. Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.
(4) Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.
(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; Am. Ord. 154, passed 6-17-2015; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, passed 8-18-2021; Am. Ord. 207, passed 3-15-2023)