Frequently Asked Questions On Residential Regulations

Although there are several zoning regulations, the following represent those residential regulations most often of concern.

• HOW DO I GET A BUSINESS LICENSE?   First obtain a Tax identification number (CRS number) from the New Mexico Taxation and Revenue division of the State of New Mexico (505-841-6200 Albuquerque).  When you have this number bring it to 600 2nd St NW, and fill out the required forms.  If your business is appropriate to the area, you will be approved.  You will then pay a registration fee to the treasury department, and receive your registration.   You can print out an application for a home based business or for a commercial business. The initial registration review and fee payment must occur at 600 2nd NW, the renewal for following years may be mailed in provided you have not moved or changed your business. If you move or change your business you will have to come back to 600 2nd NW and fill out a new form.
  
  
• ACCESSORY BUILDINGS—Accessory buildings, including a storage shed or garage, may be located anywhere in the side yard (area between the front and the rear faces of the house to the side property line) or rear yard (area behind the house face to the property lines) provided the accessory building is no closer than ten feet to a house, or other living quarters and is no closer than five feet to any other accessory building. An accessory building may be required to be set back ten feet or more from the street side property line. Buildings over 120 square feet (10 feet by 12 feet) require a building permit. Contact Building and Safety on the ground floor at 600 2nd St NW for Building Permit requirements. You can bring in a site plan/ survey of your property showing were you are proposing to construct or place your shed to make sure you meet City of Albuquerque Code requirements. The site plan will be reviewed on the ground floor at 600 2nd St NW.

• ACCESSORY LIVING QUARTERS—An accessory building may be used for living quarters if approved through a conditional use. An accessory building may not contain cooking facilities. Any accessory building that is equipped with both plumbing and heating may be considered an accessory living quarters. Accessory living quarters may not be used as a rental.

• ADDITIONS TO EXISTING BUILDINGS— All additions to existing buildings must be approved by the Zoning Enforcement office prior to construction. Generally, the building addition is subject to the same use and setback restrictions as the existing structure. Additions will require a building permit. You may bring a proposed site plan/ survey to the ground floor at 600 2nd St NW for review and to obtain permit submission requirements.

• CARPORTS—A carport may be erected permissively provided that it complies with the same setback standards as those that apply to the dwelling on the lot. If the carport cannot be erected in compliance with the required setbacks, a conditional use may be obtained, allowing the carport in the side or front setback, but no closer than three feet to the side line. The carport may never be enclosed. An application for a Conditional Use, and related paperwork for a carport can be obtained at 600 2nd St NW ground floor.

• FENCES AND WALLS—Fences and walls may not exceed three feet in height in the front yard (typically from the front wall of the house to the front property line) and may not exceed eight feet in height in the side and rear yards. Fence and wall height is measured from lowest grade on either side. Permits are required for all new walls/ fences, and prior to modification of existing walls/ fences. Permits can be obtained at 600 2nd St NW ground floor.

• GARAGE SALES—Garage or yard sales are allowed once every twelve months at a given residential location. The sale may not exceed three days in length and only normally accumulated household goods may be sold. Advertising signs may not be placed on medians or other city property.
  
  
• HOME OCCUPATIONS—Certain businesses may be run from the home as permissive uses. Generally the business must be of an office nature for answering phone calls, receiving mail, such as a low-key service business. No home business may sell, display or manufacture from the residence.  Also outdoor storage related to the business is prohibited, tools, inventory etc. Click here for information on how to obtain a business license.

• HORSES, COWS, CHICKENS & OTHER BARN-YARD ANIMALS—Chickens, ducks, roosters and similar poultry are allowed in most single family residential zones. There is no limit on the number of such animals. Horses, cows, sheep and goats are allowed on lots of at least one half-acre in size, provided there is sufficient open space for each animal. Except in agricultural residential zones, use of the premises as a commercial farm enter­prise is not allowed.

• INOPERATIVE VEHICLES (JUNK CARS)---All motor vehicles parked in a residential zone must be operative unless such vehicles are parked inside a building, including a carport. Vehicles covered by tarps or stored in the rear yard must still be in operating condition. Major automotive repair, even of personal vehicles may not be conducted outdoors.  Click here to see tow companies that will tow for free, and a release form to get the car off of you property.

• MANUFACTURED HOMES—Manufactured homes with a minimum size of 24 feet by 36 feet and meeting the HUD standards for construction are treated as any site-built house.  A manufactured home, when placed on a permanent foundation as prescribed by the manufacturer or state statute, is allowed in any residential zone.  This product and property investment has become quite common.

• MOBILE HOMES—A mobile home may be placed in a residential zone (other than mobile home zoning) only as a temporary residence during the construction of the permanent resi­dence on the same property. Such mobile homes may remain for only six months or until the permanent residence is completed whichever period of time is less.

• RECREATIONAL VEHICLES AND BOATS— Recreational vehicles and boats that are parked in the front yard area must be parked no closer than 11 feet from the face of the curb and must be perpendicular to the street.  Not all residential areas allow front yard parking of RVs or boats, check the Zone category with a Zoning Inspector at 600 2nd St. NW or call 924-3849 to determine how your home is zoned and if front yard parking is allowed.

• RESTRICTIVE COVENANTS— Only regulations specifically found in the Zoning Code are enforced by the Zoning Enforcement office. Restrictive covenants are not considered in assessing zoning requirements; however, restrictive covenants may be more restrictive than zoning regulations and enforced through civil action by a neighborhood association or Architectural Control Committee, etc.

• SEMI-TRUCKS & OTHER COMMERCIAL VEHICLES—Only those vehicles whose use is incidental to a residential activity are allowed to be stored on a residential property. A non-commercial vehicle has a gross vehicle weight rating of not more than 10,000 pounds and can be legally parked in a standard 8.5 by 20 feet parking space. For information on having the City of Albuquerque post a sign prohibiting large trucks contact Public Works at 857-8680.
  
  
• SWIMMING POOLS— Swimming pools must be constructed so that the waters edge is no closer than five feet to any building or lot line. Pools must be enclosed with a wall or fence six feet high. You can print a swimming pool inspection application. Construction Permits for the pool and the wall can be obtained at the ground floor of 600 2nd St NW.

• TREES, SHRUBS & OTHER LANDSCAPING ---Landscaping in a single-family residential zone must comply with the Water Waste and Water Conservation Landscape Ordinance.

• WEEDS & LITTER--- Any growth of weeds to a height greater than four inches, or any accumulation of weeds and/or debris, is prohibited on occupied and unoccupied land within the city.  This includes the area located between the property line and the middle of the alley adjacent to the property, and the area located between the property line and the curb, the area of any curbs or sidewalks located adjacent to the property, and the area located ten feet outside the property line where there is no curb. To report a weed violation call 311 or click here to go to our on-line compliant form.

• DO I NEED A PERMIT FOR A FENCE?   Yes a permit is required for all fences.   If the fence height is less than six feet, only a zoning permit is required.  If the fence is over six feet to eight feet, or retains more than 18 inches of dirt than a building permit is required.  To obtain a permit go to the Zoning Counter located at 600 2nd St NW, an inspector will review the plans and approve them or let you know what options are available.

• DO I NEED A PERMIT FOR A SHED?  If the shed is more than 120 square feet then a building permit is required.  You can bring in a site plan/ survey of your property showing were you are proposing to construct or place your shed to make sure you meet City of Albuquerque Code requirements. The site plan will be reviewed on the ground floor at 600 2nd St NW

 

• I AM WITHIN A NEIGHBORHOOD ASSOCIATION AND WOULD LIKE TO GIVE OUT INFORMATION ON ZONING. IS THERE SOMETHING AVAILABLE?  Yes, it is the Frequently Asked Question for Zoning brochure.    Please note this is a brochure that is designed to be printed front and back, and folded in thirds.