Zoning Changes
Our Vision
A zoning code that allows Albuquerque the flexibility we need to address our housing demand. Two-thirds of the city is zoned for single-family detached homes, which prevents diverse types of housing in the majority of the city. Adjusting the Intergrated Development Ordinance (IDO) to provide more options and flexibility for housing developers is desperately needed to accommodate the needs of the various populations in our city: from seniors, to families, to students.
Explanation of Zoning Changes
Casitas/Accessory Dwelling Units (ADUs)
Parking Reductions for Multi-Family Dwellings
Casitas/Accessory Dwelling Units (ADUs)
To help meet the immediate demand for housing and prepare for expected growth, the Housing Forward ABQ initiative is pursuing solution-oriented zoning changes. One of the key proposed zoning changes aims to allow casitas in the R-1 zones citywide, except in small areas where distinct rules apply. Currently casitas with kitchens are only allowed in small areas and just two corridors in R-1 zones. Casitas are small, detached residential homes located on the same lot as a typical single-family home. These would be allowed only in the side or rear yard on lots with enough room to meet all setbacks and other requirements. They would be limited to 750 sq. ft. and would require an off -street parking space.
Casitas provide a flexible housing option for multigenerational families or households that can benefit from rental income. Allowing this option in existing neighborhoods would add housing for families in homes of a comparable size.
Currently casitas are only allowed in some small areas and certain corridors in the R-1 zone. The proposed change would allow casitas permissively in all R-1 zones, which would expand housing options citywide for homeowners who might want a casita to house a family member or to earn rental income.
Download the Casitas/Accessory Dwelling Units (ADUs) One-Page Overview
Building Heights
To help meet the immediate demand for housing and prepare for expected growth, the Housing Forward ABQ initiative is pursuing solution-oriented zoning changes. One of the key proposed zoning changes aims to eliminate building height maximums for multi-family residential development and mixed-use development, except in small areas where distinct rules apply. Eliminating maximum building heights removes a regulatory barrier to development projects that would increase housing units.
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Eliminating building height maximums for multi-family residential and mixed-use development will:
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Eliminating building height maximums for multi-family residential and mixed-use development will not:
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Graph 01: Building Height Step Down Diagram
Any commercial or apartment building within 100 feet of a single-family home, townhouse, or two-family home can only be a maximum of 30 feet tall. At more than 100 feet away the building height maximum is determined by the zoning. Near the Centers and Corridors where development is most appropriate, Urban Centers (UC), Main Streets (MS), and Premium Transit (PT) areas, building heights are limited to 30 feet high only within 50 feet of a single-family home, townhouse, or two-family homes.
Download the Building Heights One-Page Overview
Parking Reductions for Multi-Family Dwellings
Albuquerque is experiencing a housing supply crisis. With rising costs and the need for between 13,000 and 28,000 more units, families in our city feel the strain every day. Further, it is people of color who are disproportionately experiencing housing cost burdens, eviction, overcrowding, and instability. To help meet the immediate demand for housing and prepare for expected growth, the Housing Forward ABQ initiative is pursuing solution-oriented zoning changes.
One of the key proposed zoning changes aims to add parking reduction for multi-family dwellings in mixed-use zone districts. Modifying the restrictive requirements in the City's zoning code will allow housing developers to provide an appropriate amount of parking for development in mixed-use zones to promote higher density and more infill housing. With this change, we anticipate the number of diverse new housing options will increase by at least 1,000 units by 2025.
Download the Parking Reductions for Multi-Family Dwellings One-Page Overview
Two-Family Homes (Duplexes)
To help meet the immediate demand for housing and prepare for expected growth, the Housing Forward ABQ initiative is pursuing solution-oriented zoning changes. One of the key proposed zoning changes aims to allow two-family homes in all R-1 zones citywide, except in small areas where distinct rules apply. Today, two-family homes are allowed in a small fraction of the R-1 zones in Albuquerque. However, the combined total of R-1 zones account for 68% of zoned properties in Albuquerque. By opening up the current restrictive zoning code two-family homes can flourish throughout the city and add vital housing options for all income levels.
Today, two-family homes are created most often when people convert part of their homes into a separate dwelling unit. Going forward those would be called two-family homes. Allowing these in existing neighborhoods would add housing for families in homes of a comparable size. Two-family homes provide a flexible housing option for multigenerational families or households that can potentially benefit from extra rental income.
Currently two-family homes are allowed in R-1A zone. The proposed change would allow two-family homes in all R-1 zones, which would allow conversions and new construction at the scale of single-family houses in neighborhoods throughout the city.
Download the Two-Family Homes One-Page Overview
Short Term Rentals (STRs)
Albuquerque is facing a housing crisis. As our population grows, protecting our limited available housing stock for local families and future homeowners is essential for our collective prosperity and long-term growth. While Short-Term Rentals (STRs) play an important role in the City’s economy, we need to ensure we are prioritizing local community members to host those rentals and that there are enough houses for the people that work and live here in Albuquerque.
Maximizing Access for Local Residents
Shelter is a basic necessity for our community members and an adequate housing supply is integral to the City’s equity, public safety, workforce, and economic development strategies.
The City is prioritizing its residents and their dire need for available housing stock by:
- Removing barriers that encourage the repurposing of existing properties into more long-term housing, in addition to the support of new development.
- Seeking to mitigate the excessive utilization of potential permanent/long term dwelling units as short-term rentals (STRs) in order to limit the effects of the housing shortage.
The City recognizes that the STR industry contributes to tourism and economy. But a healthy housing market is crucial to a healthy economy. As our local population grows and the housing crisis intensifies, establishing a reasonable limit is a crucial and fair measure.
Council Ordinance No. 0-23-69
By amending the Short-Term Rental Ordinance (Sec.13-19-1 through 13-19-8), we can protect our existing housing stock and ensure our residents and future residents will always have access to a safe, stable home.
Enacting the proposed changes of Council Bill No. 0-23-69 will:
- Require all short-term rental units to have a local property manager (or Short-Term Rental Manager, “STRM”) available (within 20 miles of the City limits) to respond to maintenance and security concerns.
- Limit short-term rental permits to three per natural person.
- Limit the number of Short-Term Rental permits issued citywide to no more than 1,200, based on current monthly average of active STRs.
- Increase the civil penalties for non-compliance with the ordinance.
Download the Short Term Rentals (STRs) One-Page Overview
FAQs
Process
- Is there an opportunity for non-profit community partners to support or be a part of affordable housing development projects?
- The City is actively looking for non-profit partners for affordable housing development and/or management. Opportunities will be made available via RFP's posted on the Family and Community Services Website.
- How can community members provide input on the proposed Housing Forward ABQ IDO changes?
- Community members interested in making their voices heard can attend City Council meetings as well as the Land Use Planning and Zoning sub committee. All meetings and agendas are posted here: https://cabq.legistar.com/Calendar.aspx
- Can someone come to my neighborhood association meeting to share information on the Housing Forward ABQ IDO Changes?
- To request a presentation on Housing Forward ABQ for your neighborhood association, contact Aaron Nieto at [email protected]
- See the schedule of upcoming community meetings
Accessory Dwelling Units
- In order for the ADU proposal to achieve the goal of increasing affordable housing, what policies and enforcement mechanisms will prevent the new units from becoming just more short term rentals?
- The City is proposing legislation (O-23-69) to cap the number of short term rentals in the City to avoid losing further housing stock. We are working with stakeholders to develop a policy that is fair to existing property managers and takes into account the needs of the community.
- How will property taxes be recalculated on a property that has an additional ADU added?
- The addition of an ADU would likely increase the value of your property. Any assessment to your potential tax liability would need to be discussed with an attorney and the County Assessor.
- How many ADUs would be allowed on a property?
Integrated Development Ordinance
- What is the IDO?
- The IDO stands for the Integrated Development Ordinance: https://ido.abc-zone.com. It is the zoning code for the City of Albuquerque and was enacted in 2017 by the City Council. There is an annual update process to the IDO each year when members of the public are able to submit input for any desired changes. https://ido.abc-zone.com/ido-annual-update-2022
- How are neighborhood associations notified of construction projects in their neighborhood?
- The Neighborhood Association Recognition Ordinance, which is managed through the Office of Neighborhood Coordination, outlines how neighborhoods can register for notice of projects near them: https://www.cabq.gov/office-of-neighborhood-coordination The Integrated Development Ordinance establishes what type of notice is required for different kinds of projects.
- How do the proposed changes to the IDO affect people living in a Home Owners Association that has existing covenants?
- HOA's are governed by the State of New Mexico, not the City of Albuquerque. Any existing covenants would not be subject to these changes.
- What are the different types of zoning designations?
- There are many different types of zoning designations in the City of Albuqerque. The largest share of zoning is residential R-1 for single-family homes, totaling 68% of all parcels in the city, which comprise 49% of total area in the City. The City is not proposing to eliminate the R-1 designation. The proposal simply expands the ability for the owner of an R-1 property to add an additional dwelling unit, either attached (i.e. creating a duplex) or detached (i.e. creating a casita) provided specific conditions are met, if the owner so chooses. For a list of all zoning designations please visit https://ido.abc-zone.com/. To see a zoning map of Albuquerque, please visit: https://tinyurl.com/idozoningmap
- Will ADA requirements still be enforced with these proposed changes?
- The Americans with Disabilities Act (ADA) is federal law and is required of municipalities across the country without exception. All ADA requirements will still be applied to any new development regardless of any changes to zoning.
- What are Protection Overlays?
- Character, View, and Historical Protection Overlay zones are areas of the City that are designated by the City Council to establish special regulations to protect them when development occurs. An example of an area with Character Protection Overlay is the Santa Barbara Martineztown Neighborhood near downtown. An example of an area with a Historical Protection Overlay zone is the Silver Hill neighborhood near the University. Finally, an example of an area with a View Protection Overlay zone is along Coors north of Namaste Road as well as the area around the Petroglyph National Monument. The proposed zoning changes would not affect any special regulations established by these Overlay zones. To view all areas covered by protection overlays please visit: https://tinyurl.com/idozoningmap and click on button 3 at the bottom of the map to turn on/off different types of Overlay zones.
- What are the new height requirements for buildings under the proposed changes?
- O-22-54 proposes to eliminate building height maximums for multi-family dwellings (i.e. apartments) in Mixed-use zone districts. Casitas are limited to the height of the main house. Building heights in R-A, R-1, and R-ML are also limited on the northern side of the property to ensure southern solar access to properties to the north.
- Are there any protections for existing solar panels so that they will not be blocked?
- There are regulations limiting building height on the northern side of the property to ensure southern solar access to properties to the north. Property owners with solar panels can also apply for a solar rights permit to protect existing solar panels.
Parking Requirements
- What changes are being proposed to Parking requirements?
- The proposal would eliminate minimum parking requirements for any affordable housing development project and would reduce parking requirements by 75% for multi-family dwellings (i.e. apartments) citywide.
- Why are these changes to parking being proposed?
- Reducing or eliminating minimum parking requirements allows developers, parking consultants, and other stakeholders to determine how much parking to include in projects rather than requiring developers to build a set ratio of parking spaces based on a building’s square footage, planned uses, or the number of bedrooms in multi-family units. In the case of casitas, an additional parking space is required in order for the project to be considered viable by the City.
- How would the proposed changes impact areas with Character Protection Overlay (CPO) zones?
- Any protections or restrictions related to parking in existing Historic or Character Protection Zones would supercede any of the proposed changes.
- How would neighborhoods be impacted by the proposed changes to parking requirements?
- Given the areas most affected by these proposals are designated as Areas of Change, adjacent neighborhoods would be unlikely to experience drastic shifts in their ability to park. Parking exemptions and reductions are primarily geared towards Areas of Change, which all contain active public transit routes and underutilized on-street parking. Casitas would still require an additional parking space to be considered viable by the City.
- Which projects would be affected by these proposed changes?
- Any project that includes at least 20 percent of units as affordable housing would not have off-street parking requirements. Any multi-family dwellings (i.e. apartments) in Mixed-use zone districts would have parking requirements reduced by 75%. Instead of the City establishing how much parking to provide, the developer would be able to calculate the amount of parking appropriate for the project. Regardless, all ADA requirements for parking would have to be met.
- How would the proposed changes to parking requirements apply to ADUs or Multi-unit housing developments?
- ADUs already require an additional parking space in order to be approved, so the proposal does not affect parking requirements. Two-family dwellings already require at least 1 parking space per dwelling unit, so the proposal does not affect parking requirements. The proposal would reduce parking requirements for multi-family dwellings (i.e. apartments) by 75% in Mixed-use zone districts.