(A) Intent. This zone district is to provide for the development of residential neighborhoods consisting of 1-, 2- and 3-family dwelling units attached or unattached, and those uses which are compatible with residents of such a neighborhood.
(B) Areas. Unit 13 with the exception of Block 1, Lots 1-3 and 16-18, and Block 5, Lots 7-9, and Unit 22 with the exception of Block 1, Lots 1-12.
(C) Building/development requirements.
(1) Primary permitted use. Primary permitted use is 1-, 2-, and 3-family dwellings built to applicable IBCstandards 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) Heated area. A single-family detached dwelling shall have a minimum of 1,000-square feet of heated area and multi-family attached units shall have a minimum of 540-square feet of heated area per unit, exclusive of, but not limited to, garage, workshop and/or storage.
(3) Height. No structure shall exceed 26 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.
(5) 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.
(6) Parking spaces. A minimum of 2 off-street parking spaces per unit is required.
(7) Setbacks. Minimum setbacks are:
(a) Front setback: 30 feet;
(b) Side setback: 5 feet; and
(c) Rear setback: 5 feet.
(8) Open space/lot coverage. No more than 60% of any lot may be covered by structures and impermeable surfaces. An impermeable surface is any surface that does not permit the passage through or absorption of water.
(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 zoning permit cost as established by Elephant Butte City Council resolution in addition to any cost assessed by the Municipal Court.
(10) Additional structures. Construction of additional structures shall conform to the requirements of § 155.006(E) of this Code, “Zoning Permits.”
(11) 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 month 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.
(12) 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 and any amendments or successor ordinances regarding the same subject matter.
(E) Permitted uses. By right the following uses are permitted in R-3 Districts.
(1) Dwelling units. A maximum of 3 dwelling units per lot site built, manufactured or modular;
(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) Utility structure. 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; and
(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.
(5) 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.
(6) 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.
(F) 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 Committee 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 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. Revocation of home-based business permits: Failure of the applicant to abide with the terms of the home-based business permit shall be cause for immediate revocation of the permit. Non-transferable: Home-based business permits may not be transferred from location to location. Prior to moving a home-based business owner or agent of the business must apply for and receive a new permit for the proposed new location.
(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 thereto within 12 months.
(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).
(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. 96, passed 11-1-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 147, passed 12-3-2014; 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)