(A) Intent. This zone district provides for the development of residential or recreational neighborhoods consisting of recreational vehicles and other single-family dwelling units and those uses which are compatible with such a neighborhood.
(B) Areas. Unit 7 and the following parts of unit 11: all lots in blocks 1 and 2, and lots 1-24 of Block 3.
(C) Building/development requirements.
(1) Primary permitted use. Primary permitted use is a single-family residence built to applicable IBC standards or such building code as may be applied by the New Mexico Construction Industries Division or built to HUD Zone Code II standards applicable to multi-section manufactured homes, or qualifying as a mobile home as defined in § 155.005 herein, or a recreational vehicle as defined in § 155.005, “Recreational Vehicle,” divisions (a) and (c) herein.
(2) One dwelling. Only 1 dwelling is permitted per lot whether a recreational vehicle or house. Guest dwellings are not a permitted use.
(3) Height. No structure shall exceed 18 feet in height.
(4) 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. This does not apply to recreation vehicles.
(5) Foundation perimeter wall. Manufactured and mobile 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/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.
(6) Setbacks and open space/lot coverage. Minimum setbacks are:
(a) Front setback: 5 feet;
(b) Side setback: 5 feet, a total minimum ten-foot separation between units will be maintained, excluding un-walled metal carports, which may be placed two feet from the side property boundary providing that no portion of the carport overhangs closer than two feet to the property line; and
(c) Rear setback: 5 feet.
(7) Open space/lot coverage. No more than 90% of any lot may be covered by any structure(s) and impermeable surfaces. An impermeable surface is any surface that does not permit the passage through or absorption of water.
(8) Zoning and construction permit. A zoning and construction permit shall not be required for 1 story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.
(9) 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. 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.
(10) Density. No more than 25 dwellings per acre.
(11) 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-D 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, or qualifying as a mobile home as defined in § 155.005 herein, or a recreational vehicle as defined in § 155.005, “Recreational Vehicle,” divisions (a) and (c) herein.
(2) Accessory buildings and structures. Accessory buildings or structures including, but not limited to, garages, storage sheds, and noncommercial greenhouses. Not more than three accessory buildings or structures shall be permitted per lot except as a conditional use. 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.
(3) Public utility. Public utility structure provided its location is based on the City of Elephant Butte Comprehensive Plan approved by the City Councilors.
(4) 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.
(F) Conditional/special use. The following uses may be allowed in this zone district only upon a special use permit being granted in accordance with this 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) Public parks or playground;
(2) 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. Non-transferable: home-based business registration 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.
(3) Accessory buildings or structures in excess of the number permitted per lot.
(G) General restrictions.
(1) No residential lot less than 1-1/2 acres may be subdivided for any purpose other than to increase the size of each adjoining lot.
(2) All lavatories and toilets shall be built indoors and connected with outside septic tank until the time as a sewer system shall be available, at which time the facility shall be connected within the time limit as established by the City of Elephant Butte by ordinance.
(3) No basement, tent, garage or other accessory buildings or structures may be used as a primary residence, temporary or permanent.
(4) No vehicle may remain parked on a public right-of-way for more than 3-consecutive days (72-consecutive hours). Vehicles which exceed this time limit will be towed at the owner’s expense.
(5) No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl shall be kept or permitted to remain on any of the land or part thereof.
(6) Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from 1 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. 136, passed 12-5-2012; Am. Ord. 143, passed 5-21-2014; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020)