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Zoning Code Example

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Summary

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Section 1: Zones

Summaries of each of the City’s 19 zone districts and airport, character, historic, and view protection overlay zones.

These Overlay zones supplement, but do not replace, the underlying zone districts listed in Part 14-16-2 ( Zone Districts). In the case of a conflict between the provisions of a zone district and the provisions of an Overlay zone, the provisions of the Overlay zone shall prevail. Where multiple Overlay zones apply to a property, development must comply with all relevant provisions. Where an Overlay zone is silent, IDO requirements apply.

Section 2: Uses

Allowable uses in each zone district and use-specific standards.

Table 4-2-1: Allowable UsesP = Permissive Primary C = Conditional Primary A = Permissive Accessory CA = Conditional Accessory CV = Conditional if Structure Vacant for 5+ years T = Temporary CT = Conditional TemporaryBlank Cell = Not Allowed

Section 3: Development Standards

Dimensional standards and other regulations that set the bar for high-quality development.

The regulations in this Section 14-16-5-1 are established to regulate the size, scale, and location of development throughout the city to maintain appropriate scale and character for each zone district. In particular, this Section 14-16-5-1 provides contextual standards to ensure that any new low-density residential development reinforces the scale and character of residential areas in Areas of Consistency designated in the Albuquerque/Bernalillo County Comprehensive Plan (ABC Comp Plan), as amended.

Section 4: Administration & Enforcement

Processes for review and approval of development projects and enforcement of IDO regulations.

Table 6-1-1 lists the types of development applications authorized by this IDO. For each type of application, the table indicates what type of notice is required, whether pre-application meetings with Planning staff or Neighborhood Associations are required, which City bodies review and make a decision on the application, and in which cases a public meeting or hearing is required. At a public meeting, the reviewing body may or may not allow public comment at its discretion; at a public hearing, public testimony is allowed, and a record of the proceeding is created.

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4.1.1 Is a really powerful way to control units that de-couples it from zoning, and for my site it counts as a mild upzone. But I would like to see this number be more daring; 1 unit per 50m² would be more appropriate.
4.1.7. Is this a regulation that is required? If the building site is already zoned RS, wouldn't the zone itself control the mass/length of the building? Does "building facade" include all faces or only street facing facades (there is no definition specifically stating this). The regulation is to govern "most small-scale housing forms", what happens with the "some" that have the space to exceed this requirement?
"In every part of the zone - the front setback varies between 3.0m - 4.5m. Recommend a standard minimum of 3m. Front yards are
uniquely wasted and inefficient space in the home. To improve density of the community and to increase street participation - lets
reduce waste. Rear setbacks will still permit private amenity space in the backyard. For builders who want to build in front driveways -
they can push the house back on the lot notwithstanding the 3m front setback minimum. I agree that it would be simpler to just have one
common front setback that could be varied based on product type or streetscape. From my experience, we can almost never go within 4
metres due to the shallow utilities. What about MNO? Streetscape for existing houses vs new infills - the setback rules make sense"
"Also recommend standardising a 6m rear setback in single family / fee simple zones. I
think this is too prescriptive. There are a lot of fee simple single family products under
construction that don’t have a 6m rear setback. Examples are Brookfield’s Cali Collection
in the Orchards (don’t know what the rear setback is, but it isn’t 6m) or Cantiro’s Skyview
product (1.5 m rear setback currently), Section 4.2.5 (allowing for reduced rear setbacks in certain situations) is helpful and should stay"
"These proposed changes WILL MAKE PEOPLE ANGRY if amendments are not made.

3-storey apartments IS WRONG, even 2 -storey apartments on a house lot IS WRONG.
Edmonton is already ahead of other cities allowing skinny homes on standard 50 foot lots, doubling the density. Places like westmount are increasing density already and are already lined on the edges with apartments. 3-storey apartments elsewhere is changing the character for worse,
blocking out the sun, putting pressure on sewers and traffic. BAD IDEA."
This is incorrect, the current zoning bylaw even with the MNO, already allows on a 600m2 or larger lot for 6 units to be developed where land is zoned RF1 including by subdivision to build 2 skinny homes, each with a secondary suite and garden suite and semidetached is also permitted to have secondary suites and garden suites. Lodging and supportive housing is also currently allowed in the RF1 zone. What is not currently allowed in RF1 is multiunit housing which is allowed in the RF3 zone. What the RS Zone does is to combine RF1, RF2, RF3 and RF4 current zones to create significant zoning and increase potential for units on a 600m2 lots to 8 or if you consolidate 2 lots to build 3 storey 10.5 apartments or row housing. 3D modelling also shows that building alignment will be lost and very little room left for trees.
If we want to have a place for everyone to call home, the first idea that we need to get rid of, is one principal dwelling. Current zoning bylaw restricts property development and builds ghettos. Having people from all walk of life in a single neighbourhood is an excellent idea. Restricting it to single family home is nothing but elitism.
Suggest changing "detached, attached, and other multi-unit housing forms" to "detached and attached housing, backyard housing and secondary suites". The paradigm for the small scale zone should be one principle dwelling per lot, with the possibility of associated secondary suites and/or backyard suites.
"How does the city intent to compensate existing homeowners whose property value are negatively affected by these new allowed developments within existing areas? ie backyard houses, commercial uses, etc.

What about loss of enjoyment? A home is typically the largest investment a person makes.

By adding additional buildings on a lot, the amount of grass/green space is reduced which increases the amount of rain runoff entering sewers. Can the existing old sewer infrastructure handle the increased loading? Will the additional flow cause flooding of basements?

Will there be enough parking? Even during winter parking bans?

This bylaw should go to referendum. This is a complete change from existing norms and people should be given the opportunity to vote on the concept not just comment as comments may or may not be considered."
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