(A) Purpose and intent. The purpose of this section is to provide for residential/agricultural character of the area and accompanying open spaces while allowing low density residential development permitted in this zone at 1 dwelling unit per acre.
(B) Designation of Official District. Residential-Agricultural (R-Ag) applies to the itemized lots in the units.
UNIT | BLOCK | LOTS |
UNIT 29 | 12 | 1-12 |
UNIT 29 | 13 | 1-21, 27-35 |
UNIT 29 | 15 | 13-43 |
UNIT 29 | 16 | 1-12, 34 |
Section 15 | Township13s | Range 4W |
(C) Area regulations.
(1) The minimum lot area shall be 1 acre (43,560 square feet). The minimum lot width shall be 75 feet.
(2) Setback limits apply to all buildings and structures, including swimming pools.
(a) The minimum front setback shall be 20 feet,
(b) The minimum side setback shall be 10 feet, and the minimum rear setback shall be 10 feet.
(c) For any property bounded by an irrigation ditch, arroyo or drain, the minimum setback along the ditch or drain shall be 25 feet. Where lots have double frontage, the required front setback shall be provided on both sides.
(D) Building/Development Requirements.
(1) Primary Permitted Use is single-family dwelling built to UBC (and its subsequent versions) or HUD Code Zone II (and its subsequent versions).
(2) Only one dwelling is permitted per lot. Guest dwellings are not a permitted use.
(3) Dwellings shall have a minimum of 1000 square feet of heated area exclusive of, but not limited to, garage, workshop and/or storage.
(4) Dwellings shall have a minimum building width of 14 feet.
(5) No structure shall exceed 26 feet height.
(6) Dwellings shall have a flat roof with parapets, or a pitched roof including, but not limited to gable, hip, gambrel or shed roof designs.
(7) 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 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.
(8) A minimum of 2 off-street parking spaces per dwelling is required.
(9) Open Space/Lot Coverage: No more than sixty percent (60%) of any lot may be covered by any structure(s) or alternatively by any impermeable surfaces.
(10) 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.
(11) No other structure may be erected until such time as a house is on the lot or is simultaneously placed/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.
(12) 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.
(13) 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 such 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. A variance must be requested to show cause for any extension. The city shall not apply the provisions of this section in an arbitrary or capricious manner.
(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.
(F) General restrictions.
(1) No residential lot less than 1.5 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 such time as a sewer system shall be available, at which time said facility must be connected thereto within 12 months.
(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 hours). Vehicles which exceed this time limit will be towed at the owner’s expense.
(5) 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.
(6) This chapter shall apply to any animals considered to be livestock. These animals include, but are not limited to, horses, cattle, pigs, sheep, goats, rabbits, fowl or alpacas. The preceding list is to be construed as an example of agricultural animals or livestock, and not to be construed as a limitation to the animals specifically listed herein.
(7) The mere keeping of livestock does not constitute a nuisance unless the livestock/agricultural animals are kept in such a manner as to violate the specific provisions of this chapter.
(8) No animal waste shall be permitted to enter any irrigation ditch or adjacent property.
(9) All owners or operators of properties containing livestock must develop and maintain a system to mitigate insects or pests attracted to animals or to animal waste.
(10) Any person with more than one cow, horse, mule or donkey per 10,000 square feet of open lot area or more than 2000 square feet of open lot area for any other livestock must submit to the City of Elephant Butte Planning and Zoning Commission a drainage plan, waste management plan, dust mitigation plan and vermin/pest mitigation plan. A Planning and Zoning Commission denial or approval may be appealed to the Council of the City of Elephant Butte. The City of Elephant Butte retains the right to require changes to the plan if the approved plan is not accomplishing the intended effect.
(G) Permitted uses. A building or premise shall be used only for the following purposes:
(1) One dwelling unit per lot of record.
(2) Accessory building, structure, or use customarily incidental to and on the same lot with a permitted use, including garages, barns, corrals, and animal pens.
(3) Agricultural activities, including the raising, harvesting, and storage of fruits, vegetables, grain, hay, and feed, poultry, rabbit, and the keeping and raising of livestock for non-commercial purposes. A maximum of 2 horses/mules, 2 cows/calves, 15 confined chickens/poultry. Poultry not allowed are Peacocks and Roosters, Emus and all large, loud, and aggressive poultry The keeping and raising of Pigs will be allowed only under the supervision of a 4 H or FFA project Advisor and may not exceed 8 animals. All requirements of the projects must be maintained and the specific written approval of all residents within 300 feet of the property must be obtained. Horses must be fenced in, and barns or stables must be at least 25 feet inside private property line if it adjoins.
(4) No commercial livestock operations shall be permitted.
(5) Parking incidental to uses permitted in this zone.
(6) Home Occupations are permitted with Planning and Zoning approval.
(7) Public parks and accessory uses customarily incidental to that use.
(8) Outdoor storage of materials incidental to agricultural uses is permitted as long as it is orderly and not a threat to health, safety and welfare up to 1,000 square feet in area per acre.
(9) Storage of 2- inoperable motor vehicles provided they are completely screened by a solid fence from the public right of way and/or adjacent properties. Agricultural vehicles are excluded from this regulation.
(10) Garage sales, estate sales, home distributor parties, trunk shows or other similar activities provided the activity does not run for more than 3-consecutive days and is conducted a maximum of four times a year.
(11) 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.
(H) Conditional uses.
(1) Childcare facilities provided the facility abides by The City of Elephant Butte and State regulations, and traffic, noise and hours of operation are mitigated.
(2) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.
(3) Place of worship, excluding a Megachurch.
(4) Bed and breakfast establishments with 4 or fewer guestrooms, providing the premise has access to city water and sewer or obtains a wastewater permit from the NMED stating the maximum flow rate on the parcel.
(5) Government buildings and accessory uses customarily incidental to that use.
(6) Outdoor recreational facilities accessory to public or private schools, educational facilities or learning centers.
(7) Cannabis producers, vertically integrated cannabis establishments that produce cannabis, cannabis producer microbusinesses and integrated cannabis microbusinesses that produce cannabis.
(a) Cannabis producers that cultivate cannabis plants indoors must use industry-standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.
(b) The above conditional uses shall not be approved if the applicant proposes to operate out of a dwelling unit or an accessory structure to a dwelling unit. This conditional use is premised on the applicant operating out of a structure that is entirely distinct from and not subordinate to a dwelling unit.
(I) Accessory uses. Uses customary and incidental to primary use of the lot, that is in conformance with the zone.
(J) Height regulations.
(1) The maximum height limit is 26 feet for buildings and structures with exception for the following structures and uses, which shall have a maximum height of 40 feet:
(a) Non-commercial towers regulated by the Federal Communication Commission and the requirements found in § 155.033(G)(23).
(b) Belfries.
(c) Chimneys.
(d) Flag poles.
(e) Windmills.
(2) Fences and Walls
(a) No open fence shall exceed 6 feet in height.
(b) No solid wall or fence located within the rear or side setback area shall exceed 6 feet in height.
(c) No solid wall or fence located within the front setback area shall be more than 4 feet in height along the public right of way.
(d) No solid wall or fence shall be located within the clear-sight triangle of a driveway and a public or private right-of-way.
(e) A wall that is solid for 25% or less of the total length of the property at a maximum height of 6 feet, is considered an open fence/wall. Openings provided for the ingress and egress of motor vehicles shall not be included for the purpose of this calculation.
(Ord. 94, passed 8-3-2006; Am. Ord. 97, passed 11-1-2006; Am. Ord. 142, passed 11-20-2013; Am. Ord. 157, passed 8-5-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 198, passed 8-18-2021)