(A) Intent. This zone district is limited to the single-family patio home and those uses which are compatible with residents of such a neighborhood.
(B) Areas. Unit 11, Block 3, Lots 25-48 and Unit 11, Block 4, Lots 1-60, 511 Camelback Place, 603 Carousel Place, 611 Elephant Circle, and Unit 8, San Pedro Loop and Sabina Drive, and the north side of San Andres Drive (405-517).
(C) Building/development requirements.
(1) Primary permitted use. Primary permitted use is single-family dwellings built to UBC (and its subsequent versions) or HUD Code Zone II (and its subsequent versions).
(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 500 square feet of heated area exclusive of, but not limited to, garage, workshop and/or storage.
(4) Height. In these rezoned areas, no structure shall exceed 18 feet in height, with the exception that the height limit in the Espina-Hermosa area shall be 26 feet.
(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) Perimeter wall. Dwellings 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 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. A minimum of 1 off-street parking space per unit is required.
(8) Setbacks. Minimum setbacks are:
(a) Front setback: 5 feet; 10 feet if adjacent to Bureau of Land Management;
(b) Side setback: 5 feet or if built to fire standards of UBC; and 10 feet if adjacent to Bureau of Land Management; and
(c) Rear setback: 5 feet; 10 feet if adjacent to Bureau of Land Management.
(9) New construction. No clearing or construction work shall commence prior to the issuance of a zoning permit. If a 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 permit cost as established by Elephant Butte City Council resolution in addition to any cost assessed by the Municipal Court.
(10) Additional structures. No other structure may be erected until the time as a house is on the lot or is simultaneously placed or built on the lot. Before a zoning permit may be issued for simultaneous construction of a house and garage, the applicant must present construction drawings for the house to the Code Enforcement Officer. These drawings must be the ones that will be submitted to Construction Industries Division for application for a building permit or Manufactured Home Division for dwelling placement. Not less than 90 days following the date construction is begun on any other structures, construction of the home must begin. This 90 day time limit will be indicated on the zoning permit at the time of issuance. It is expected that the Code Enforcement Officer will establish this date with the agreement of the property owner or the person applying for the zoning permit. If for good cause construction is not begun the property owner and/or the contractor must notify the Code Enforcement Officer of the delay not later than 10 days prior to the 90-day deadline. The Code Enforcement officer may determine with the home owner a reasonable time delay but this must receive concurrence of the Planning and Zoning Commission at the next scheduled meeting. Under no circumstances may this delay exceed an additional 90 days. Failure to comply with this process will result in the issuance of a citation and an appearance in Municipal Court.
(11) Zoning permit. A zoning permit will be required when the floor area does not exceed 120 square feet. If the permit is received prior to the construction, no fee will be charged.
(12) 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 with 12 months. For any project requiring more than 12 months, a completion schedule it will be required. The zoning permit will expire and become null and void at the end of the agreed time schedule. A variance must be requested to show cause for any extension.
(13) Density. No more than 25 per acre.
(14) 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 may not apply the provisions of this section in an arbitrary or capricious manner.
(15) 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 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-P Districts.
(1) One dwelling unit per lot, site built, manufactured or modular home;
(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) Storage of a boat, camper, trailer or other recreational vehicle provided it is not used as additional living quarters and is not permanently connected to utilities;
(4) Public utility structure provided its location is based on The City of Elephant Butte Comprehensive Plan approved by the City Councilors; and
(5) 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 uses. 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 Committee may recommend this special use permit after a Public Hearing. Special uses include, but are not limited to:
(1) Public parks, 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 business.
(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.
(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 an adjacent 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, shack, garage, or other outbuilding 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 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. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 157, passed 8-5-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 192, passed 3-17-2021)