Roswell, New Mexico Tiny House Ordinance

Dec. 12th, 2019- The city of Roswell, New Mexico has defined and have amended zoning to allow tiny homes. Tiny homes on a foundation will be required to be constructed according to 14.73.28 Appendix Q (Tiny Houses) NMAC(New Mexico Administrative Code ). Residential Mobile Home/Tiny Home Subdivisions Districts will allowed to provide an alternative to conventional housing by permitting low to medium density mobile homes and tiny homes development on privately owned or rented lots in subdivisions designed for such development.

REGULAR MEETING CITY OF ROSWELL COUNCIL

– AGENDA THURSDAY, DECEMBER 12, 2019Roswell Convention & Civic Center Meeting Room A –

912 N. Main St.Roswell, New Mexico 88201

Starting On Page Seven

Section 1. Modification of Article 4 (Definitions)

Section 2. Definitions

Single-family residence detached dwelling. A single-family detached residential dwelling that is more than 400 square feet (37 m2) in floor area.

Tiny home.A primary residential dwelling that is 400 square feet (37 m2) in floor area.

Section 2. Modification of Article 20 (RMS Zoning)

ARTICLE 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME SUBDIVISION District

Section 1.Purpose This district shall be a minimum of 2.5 acres in size and is intended to provide an alternative to conventional housing by permitting low to medium density mobile homes and tiny homes development on privately owned or rented lots in subdivisions designed for such development.

Section 2.Use Regulations

A.Permitted Uses are as follows:

1. Any use permitted in the R-1 District.

2.An Independent Manufactured/Mobile home with a minimum size requirement per lot: (40’ x 8’ with or without permanent foundation on individual lots).

3.A Manufactured Home per lot(as defined by the New Mexico Manufactured Housing Act).

4.A Modular Home certified by the New Mexico Construction Industries  and Manufactured Home Division that is built to current adopted International Building Code (IBC) and International Fire Code (IFC) standards.

5.Tiny Homes on a permanent foundation constructed according to 14.73.28 Appendix Q (Tiny Houses) NMAC.

6.Home Occupations

7. Parks

B.Special Uses are as follows:

1.Any special use permitted in the R-1 District.

Section 3. Area, Setback, and Height Requirements

In the RMS district, the following requirements shall apply:

Section 4.General Standards

A.Manufactured/Independent Mobile Homes shall be installed according to the requirementscontained in the most current New Mexico Manufactured Housing Act.

B.Tiny Homes shall be constructed according to 14.73.28 Appendix Q (Tiny Houses) NMAC(New Mexico Administrative Code).

C.Signage shall be consistent with Article 60, Section 6.1 “1 subdivision identification sign per entrance.”

D.All provisions of Article 52 (Building and Performance Standards) are applicable and shall be met.

Article 21:Reserved

Section 3. Creation of New Article 21 (RTH District)

ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT

Section 1. Purpose This district shall be a minimum of 2.5 acres in size and is intended to provide an alternative to conventional housing by permitting medium density tiny homes development on privately owned or rented lots in subdivisions designed for such development.

Section 2. Use Regulations A.Permitted Uses are as follows:

1.Tiny Homes on a permanent foundation.

2.Modular Homes on a permanent foundation not to exceed 400 square feet

.3.Home Occupations.

4.Parks

B.Special Uses are as follows:

1.None Section 3. Area, Setback, and Height Requirements

In the RTH district, the following requirements shall apply:

Section 4.General Standards

A.Tiny Homes shall be constructed according to 14.73.28 Appendix Q (Tiny Houses) NMAC

.B.Modular Homes shall be constructed according to the adopted International Building Code (IBC) and International Fire Code (IFC) and be approved by the New Mexico Construction Industries and  and Manufactured Housing Division.

C.One tiny home, modular home, on site built home is allowed per lot on a permanent foundation that does not exceed 400 square feet in area

.D.One unattached 400 SF maximum unenclosed carport allowed with 1015’ setback from front property line with zero foot minimum distance from house

.E.One unattached 200 SF maximum accessory structure allowed in rear yard or rear yard setback with 10’ minimum separation from the house, 5’ setback from interior side property line, and 0’ minimum separation from rear property line abutting alley.

F.Each lot is required to provide a minimum of 2 off-street paved parking spaces in the front yard setback area.

G.Lots shall front on interior local streets built to city code specifications with 60’ Right-of-Way, curb, gutter, sidewalks, and ADA ramps.

H.Public Alleys required with 20’ Right-of-Way.

I.All properties abutting collector or arterial streets shall be screened from the street by a minimum 6’ tall solid fence or wall.

J.All utilities shall be located underground.

K.Signage shall be consistent with Article 60 Section 6.1 “1 subdivision identification sign per entrance.”

L. All provisions of Article 52 (Building and Performance Standards) are applicable and shall be met unless otherwise specified in this article.

Article 22:Reserved

Section 2. SEVERABILITY.

If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.

Section 3. EFFECTIVE DATE.

This ordinance shall be effective after five (5) days following its publication as required by state law.