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Arthur Miller, (505) 503-0520's Blog

By Art Miller | Agent in Albuquerque, NM
  • How to Find A Negotiation Expert

    Posted Under: Home Buying in Rio Rancho, Home Selling in Rio Rancho, Foreclosure in Rio Rancho  |  April 8, 2014 11:22 AM  |  279 views  |  No comments

    There are many skill sets that a real estate salesman should exhibit. The first is an acute ability to understand the seller's needs. Understanding these goals will provide the real estate professional with the knowledge on how to present market condition data and the estimate of value for the seller's property. It is very important to find a professional that can speak with confidence on value especially on custom homes and dwellings that have been renovated or improved since its original construction. There are many real estate agents that only know how to price homes by using $/SF which is equivalent to having a car salesman sell your house. The good thing about having a fact based real estate professional is that they work well with intelligent sellers and the best real estate professionals will teach what is not easily understood to their client. The process from the original estimate of value should be followed through with 30 day market study analysis until the property is sold. There is nothing better than knowing the market and value of your home when you put your house under contract.

    There are many factors that a seller is usually concerned about when it comes down to negotiation. One is how fast do they want to sell. How could a real estate broker possibly know how long it will take for a house to sell? The answer is quite easy. There is an abundance of data in the MLS which includes comparable homes and the Days on Market (DOM). When filtering through these sales a real estate professional will be able to establish what the average, median and suggested DOM is. It is important to review the pricing history of comparable sales too because sellers and their brokers list properties way to high and suffer long DOM until the price has been reduced to a competitive range. There are equations and data analytics that one can employ to have a house sell within 30 days but if a house is selling that quick it often means that the house was listed to low but there are exceptions to the rule i.e. if the subject is in a popular subdivision and there is a shortage on supply. Reviewing the seasonal market trends and overall market trends will also provide the seller with valuable information and confidence moving up an original list date or waiting until a more comfortable time because the real estate market might be improving. While most people think that a real estate agent should personally be showing the property, this is not necessarily the case. The listing broker is the person that provides the seller with rock solid information and consults with the seller when a buyer comes in with a low ball offer or re-assures the seller (with current data) that there is a well qualified offer on the table that needs to be put under contract.

    The Competitive Market Value should be performed using paired sales analysis and adjustments made on various aspects of the property which include but are not limited to age, condition, quality of construction, bedroom count, bathroom count, garage count, cooling/heating type and many other factors that come in to play. The estimate of value is often weighted by the most similar SOLD comparable and supported by the other sold comparables and active comparables. I suggest using 4 sold comps and three active comps. A question to ask your real estate professional is "Are your comparables bracketed?". This means that the real estate agent has chosen sold comparables that have square footage that is greater than and less than the subject. There are several other items that a real estate agent should consider when choosing comparable sales which include but are not limited to: distance from the subject, range of age relative to the subject, and similar exterior features like swimming pool or guest house. If a real estate agent does not know how to reconcile every feature of your house then how can he/she negotiate confidently and accurately?

    Once the Market Value is reconciled then the list price needs to be established. It is important to know where the buyers expectations are and this can be revealed by studying average and median Sales Price to List Price ratio of homes in the neighborhood. It is important to weed out the poorly listed properties at the high and low end. These properties have SP:LP ratios of 75% or 101% where most of Rio Rancho and Albuquerque are somewhere between 93% and 96%.


    The negotiation work is really in the data. If you know what you have then it is easy to close the deal.

  • Market Conditions for REO properties in Far NE Heights, Foothills North and Academy West with 1200-1600 SF

    Posted Under: Market Conditions in Albuquerque, Home Buying in Albuquerque, Foreclosure in Albuquerque  |  March 1, 2013 10:28 AM  |  562 views  |  No comments
    Inventory AnalysisPrior 7 - 12 Months
    (03/06/2012-09/01/2012)
    Prior 4 - 6 Months
    (09/02/2012-11/30/2012)
    Current - 3 Months
    (12/01/2012-03/01/2013)
    Total # of Comparable Sales (Settled)141
    Absorption Rate (Total Sales/Months)0.171.330.33
    Total # of Comparable Active Listings ♦637
    Months of Housing Supply (Listings/Absorption Rate)35.292.2621.21
    Median Sale Price & List Price, DOMPrior 7 - 12 MonthsPrior 4 - 6 MonthsCurrent - 3 Months
    Median Comparable Sale Price157,900142,60090,000
    Median Comparable Sales Days on Market9739158
    Median Comparable List Price (All)141,950156,900135,000
    Median Comparable Listings Days on Market (All)7713711
    Median Sale Price / Median List Price %98.75%99.40%88.24%

    ♦The total number of all Comparable Active Listings is based on listings that were On Market for all or part of one of the specified time periods above.
    Presented By: Arthur F Miller 505-503-0520 / Real Living Premier Realtors
    Equal Opportunity Housing * All information deemed reliable, but not guaranteed.
    All information herein has not been verified and is not guaranteed
    U.S. Patent 6,910,045
  • Market Conditions for REO properties in Paradise Hills 1200-1600 SF

    Posted Under: Market Conditions in 87114, Home Buying in 87114, Foreclosure in 87114  |  March 1, 2013 10:02 AM  |  551 views  |  No comments
    Inventory AnalysisPrior 7 - 12 Months
    (03/06/2012-09/01/2012)
    Prior 4 - 6 Months
    (09/02/2012-11/30/2012)
    Current - 3 Months
    (12/01/2012-03/01/2013)
    Total # of Comparable Sales (Settled)14104
    Absorption Rate (Total Sales/Months)2.333.331.33
    Total # of Comparable Active Listings ♦646
    Months of Housing Supply (Listings/Absorption Rate)2.581.204.51
    Median Sale Price & List Price, DOMPrior 7 - 12 MonthsPrior 4 - 6 MonthsCurrent - 3 Months
    Median Comparable Sale Price129,950124,475122,750
    Median Comparable Sales Days on Market302858
    Median Comparable List Price (All)124,925129,900123,750
    Median Comparable Listings Days on Market (All)314244
    Median Sale Price / Median List Price %99.64%100.04%96.92%
    ♦The total number of all Comparable Active Listings is based on listings that were On Market on the end date of the specified time periods above.

    Presented By: Arthur F Miller 505-503-0520/ Real Living Premier Realtors
    Equal Opportunity Housing * All information deemed reliable, but not guaranteed.
    All information herein has not been verified and is not guaranteed
    U.S. Patent 6,910,045
  • This Weeks Foreclosure Report for Rio Rancho 12/25/12 to 12/31/2012

    Posted Under: Home Buying in Rio Rancho, Foreclosure in Rio Rancho, Investment Properties in Rio Rancho  |  December 31, 2012 2:42 PM  |  570 views  |  No comments
    This week: 11 of the 13 new foreclosure listings in Rio Rancho, NM are either HUD, FNMA or FHLMC. The other two are HTS and Bank of America.

    These are all of the new foreclosed properties from 12/25/2012 thru 12/31/2012 in the city of Rio Rancho, NM. There are many dwellings that are perfect for a rental or flip and there also is the occasional foreclosure that is move in ready for home ownership!


    For a revised listing of all foreclosures and listings that have been recently reduced call Arthur at 505-503-0520. I can also connect you with a lender that can provide you with the best interest rates and closing costs.
  • Albuquerque Planning and Zoning for Residential-Limited Townhouse

    Posted Under: General Area in Albuquerque, Home Buying in Albuquerque, Home Selling in Albuquerque  |  December 24, 2012 1:18 PM  |  602 views  |  No comments
    § 14-16-2-8  R-LT RESIDENTIAL ZONE.

         This zone provides suitable sites for houses, limited townhouses, and uses incidental thereto in the Established and Central Urban areas.

         (A)     Permissive Uses.

              (1)     Uses permissive in the R-1 zone, except:

                   (a)     Agricultural animal keeping (§ 14-16-2-6(A)(2)(b)) is not permitted: and

                   (b)     Front yard parking of recreational vehicles (§ 14-16-2-6(A)(2)(h)3.) is not permitted.

              (2)     Townhouses, provided:

                   (a)     There shall be only one dwelling unit per lot; and

                   (b)     No more than two dwelling units shall be in a building.

         (B)     Conditional Uses.

              (1)     Uses conditional in the R-1 zone.

              (2)     Townhouses with three dwelling units per building and one dwelling unit per lot.  Such townhouses existing in the R-LT zone prior to the effective date of this Zoning Code shall be considered approved conditional uses.

         (C)     Height.  Structures shall not exceed 26 feet in height, except as provided in § 14-16-3-3 of this Zoning Code.

         (D)     Lot Size.

              (1)     For a townhouse, except as provided in division (2) below, minimum lot area shall be 3,200 square feet; minimum lot width shall be 24 feet.

              (2)     For a townhouse in a Family Housing Development or for a townhouse on a lot with vehicle access only to the rear yard from an alley, minimum lot area shall be 2,560 square feet; minimum lot width shall be 20 feet.

              (3)     For a house, except as provided in division (4) below, minimum lot area shall be 4,000 square feet; minimum lot width shall be 40 feet.

              (4)     For a house in a Family Housing Development or for a house on a lot with vehicle access only to the rear yard from an alley or for a lot with a detached garage located in the rear yard and accessed by a driveway with a maximum width of 12 feet in the front yard and in the side yard abutting the side of the dwelling, minimum lot area shall be 3,200 square feet; minimum lot width shall be 32 feet.

         (E)     Setback.

              (1)     There shall be a front yard setback of not less than 15 feet, except driveways shall not be less than 20 feet long.

              (2)     For lots created after January 1, 2005 and for lots granted conditional use approval, if one of the following conditions is met, then there shall be a front yard setback of not less than 10 feet:

                   (a)     There is no front yard driveway and vehicle access is only to the rear yard from an alley, or

                   (b)     The garage is set back not less than 25 feet and comprises no more than 50% of the width of the street-facing building facade and driveways and off-street parking areas cover no more than 60% of the area of the front yard.

              (3)     There shall be no required side-yard setback, except:

                   (a)     There shall be ten feet on the street side of corner lots; and

                   (b)     There shall be five feet from a side lot line that separates the R-LT zone from another zone.

              (4)     There shall be a rear-yard setback of:

                   (a)     Not less than 15 feet; or

                   (b)     For houses with offset rear lot lines, not less than five feet, provided that the average rear yard setback is not less than 15 feet.  Such reduced setbacks are allowed only when approved by the Planning Director and specified on a subdivision plat for not less than two back-to-back lots.

                   (c)     For lots created after January 1, 2005, if alleys are provided, either a second story heated space or the rear yard wall or fence shall provide a view of the alley.

              (5)     There shall be a distance of not less than ten feet between residential buildings.

         (F)     Off-Street Parking.

              (1)     Off-street parking spaces shall be as provided in § 14-16-3-1 of this Zoning Code.

              (2)     Maximum front yard setback area that can be an improved parking and maneuvering area: 75%, but no more than 27 feet in width or the width of the front of the garage, whichever is wider, perpendicular to the curb.

              (3)     Parking on any portion of a front yard setback area, other than the improved parking and maneuvering areas, is prohibited.

         (G)     Usable Open Space. Usable open space shall be provided on-site at 800 square feet per townhouse dwelling unit or 600 square feet per townhouse dwelling unit with vehicle access only to the rear yard from an alley.

    ('74 Code, § 7-14-12)  (Ord. 80-1975; Am. Ord. 85-1978; Am. Ord. 54-1980; Am. Ord. 3-1986; Am. Ord. 12-1990; Am. Ord. 47-1990; Am. Ord. 69-1990; Am. Ord. 15-1999; Am. Ord. 44-2005; Am. Ord. 17-2007; Am. Ord. 19-2010)

  • Albuquerque Planning and Zoning Mobile Home Residential Zone

    Posted Under: General Area in Albuquerque, Home Buying in Albuquerque, Home Selling in Albuquerque  |  December 24, 2012 1:15 PM  |  644 views  |  No comments
    Bookmark§ 14-16-2-7  MH RESIDENTIAL ZONE.

         This zone provides suitable sites for mobile home developments.  This zone may be located only where other types of residential development of comparable densities would be considered appropriate.

         (A)     Permissive Uses.

              (1)     Mobile homes used as residences, one per lot, provided that the mobile homes are skirted with materials compatible with the siding of the mobile home unless the unit is situated at ground level.

              (2)     Accessory uses permissive in the R-1 zone.

              (3)     Growing plants, noncommercial.

              (4)     Office of up to 400 square feet for managing a mobile home park which is on the same premises.
              (5)     Private Commons Development, not less than two acres in area, if allowed in a Sector Development Plan or area plan governing the site.

              (6)     Public park.

              (7)     Public utility structure, provided its location is in accord with an adopted facility plan and a site development plan for building permit purposes has been approved by the Planning Commission.

              (8)     Signs.  Signs shall comply with § 14-16-3-5(D) of the Zoning Code.  Signs advertising accessory uses shall be visible primarily within the mobile home park and shall not be displayed to the general public.

              (9)     Wireless Telecommunications Facility which is concealed or located on a public utility structure, provided the requirements of § 14-16-3-17 of this Zoning Code are met.

         (B)     Conditional Uses.

              (1)     Uses conditional in the R-1 zone.

              (2)     Uses permissive in the C-1 zone, provided that the nonresidential conditional uses are limited to types and amounts which are justified to serve the residents of the contiguous MH zone area.

         (C)     Height.  Structures shall not exceed 26 feet in height, except as provided in § 14-16-3-3 of this Zoning Code.

         (D)     Lot Size.

              (1)     Minimum area for a residential lot shall be 4,000 square feet.

              (2)     On all streets oriented north and south or within 30° of this axis, minimum residential lot width shall be 45 feet.

              (3)     On all streets not oriented north and south or within 30° of this axis, residential lot width shall be 40 feet.

         (E)     Setback (excluding hitches).

              (1)     There shall be a front yard setback of not less than 15 feet, except setback for a garage or carport shall not be less than 20 feet.

              (2)     Side yard setbacks which are interior, i.e., measured from side lot lines which are not adjacent to streets, shall be either:

                   (a)     Not less than five feet on each side;

                   (b)     There shall be one side yard setback of not less than ten feet on one side (on a corner lot, it shall be on the street side).  The other side yard setback shall be at least five feet, except that it may be reduced or eliminated if the owner of the abutting lot agrees in writing, and the agreement is included with the application for a building permit.  If the abutting lot is owned by a different person, the agreement shall be recorded with the County Clerk.

              (3)     There shall be a rear yard setback of not less than ten feet.

              (4)     There shall be a distance of not less than ten feet between residential structures; structures attached to mobile homes are considered residential structures for the purpose of this division (4).

              (5)     See also § 14-16-3-3(B) of the Zoning Code.

         (F)     Off-Street Parking. Off-street parking spaces shall be as provided in § 14-16-3-1 of the Zoning Code.

         (G)     Usable Open Space.  Usable open space shall be provided on site at 1,200 square feet per dwelling unit.

         (H)     Zone Area.  The contiguous area zoned MH shall be three acres or more.

    ('74 Code, § 7-14-11)  (Ord. 80-1975; Am. Ord. 42-1981; Am. Ord. 12-1990; Am. Ord. 47-1990; Am. Ord. 10-1995; Am. Ord. 9-1999; Am. Ord. 19-2010)

  • Albuquerque Planning and Zoning R-1 Residential Zone

    Posted Under: General Area in Albuquerque, Home Buying in Albuquerque, Home Selling in Albuquerque  |  December 24, 2012 1:11 PM  |  1,171 views  |  2 comments
    Bookmark§ 14-16-2-6  R-1 RESIDENTIAL ZONE.

         This zone provides suitable sites for houses and uses incidental thereto in the Established and Central Urban areas.

         (A)     Permissive Uses.

              (1)     House, one per lot.

              (2)     Accessory use:

                   (a)     Accessory structure (noncommercial) for garage, storage, recreation, hobby, greenhouse, bathhouse, or for the keeping or housing of domestic pets, other allowed animals or agricultural products.

                   (b)     Agricultural animal keeping, for noncommercial purposes, as follows: rabbits and similar animals, poultry, pigeons.  Cows, horses, goats or sheep, provided the number of animals does not exceed one cow or horse for each 10,000 square feet of open lot area, or one sheep or goat for each 4,000 square feet of open lot area, or equivalent combination, provided the lot has an area of at least 21,780 square feet.  Animals shall be so controlled that they cannot graze on any other premises.  Animals under four months old are not counted.

                   (c)     Garage and yard sale, provided:

                        1.     No more than one sale at a given dwelling in any 12-month period.  The duration of the garage or yard sale shall not exceed three consecutive days.

                        2.     No items shall be purchased for a garage or yard sale for the purpose of resale; items shall be of the type normally accumulated by a household.

                        3.     One non-illuminated sign not exceeding six square feet in area shall be permitted.  The sign shall pertain to the garage or yard sale only and shall be located on the premises.  The sign shall be permitted for the three-day period only.

                   (d)     Antenna (noncommercial), up to 65 feet in height.

                   (e)     Family Care facility, provided there is no sign and only members of the residing family serve as provider of care.

                   (f)     Family day care home, with any sign limited as for home occupations, provided:

                        1.     Only members of the residing family serve as providers of care.

                        2.     Group composition shall not exceed six children; this limit does not consider the resident provider's children who are age six or more.

                        3.     The activity is licensed by the state as a family day care home.

                   (g)     Home occupation and sign identifying the activity, provided:

                        1.     The activity is clearly incidental and secondary to use of the premises for a dwelling.

                        2.     Only members of the residing family are employed.

                        3.     No stock in trade is manufactured, displayed, or sold on the premises, except a small stock of art objects and custom sewing created by a resident of the dwelling is allowed.

                        4.     All business activities are conducted entirely indoors.

                        5.     No more than 25% of the floor area of the dwelling is devoted to the home occupation.  No more than 5% of the floor area of the dwelling is devoted to storing stock in trade.

                        6.     There is no external evidence of the activity, including, but not limited to, the parking of commercial vehicles, inordinate vehicular traffic, outside storage, noise, dust, odors, noxious fumes, or other nuisances emitted from the premises.

                        7.     Health care (including physicians, nursing homes, massage, and the like) shall not be considered a permissive home occupation.

                        8.     One related on-premise sign is permitted, provided:

                             a.     It does not exceed one square foot in area.

                             b.     It is a non-illuminated wall sign.

                   (h)     Parking of a noncommercial vehicle incidental to another use permitted in this zone, provided all motor vehicles, both noncommercial and commercial, which are not parked inside a building are operative and are not wholly or partially dismantled, and as provided elsewhere in this section.  Inoperative and dismantled vehicles shall be governed by the provisions of Chapter 8, Article 5. This section shall not apply to the parking of commercial vehicles parked on a temporary basis for the sole purpose of providing a commercial service incidental to a residential use such as delivery, repair and utility installation and/or repair. The parking of a vehicle meeting the definition for recreational vehicle, except for size, is not deemed incidental to another use permitted in this zone.

                   (i)     Recreational vehicle, boat, or boat-and-boat-trailer parking as follows:

                        1.     Inside parking;

                        2.     Outside parking in the side yard or the rear yard, provided no part of the unit extends over the public sidewalk; or

                        3.     Outside parking in the front yard, provided:

                             a.     The unit is parked perpendicular to the front curb;

                             b.     The body of the recreational vehicle or boat is at least 11 feet from the face of the curb; and

                             c.     No part of the unit extends over the public sidewalk.

                        4.     Parking is permitted only if the unit, while parked in this zone, is:

                             a.     Not used for dwelling purposes, except one recreational vehicle may be used for dwelling purposes for a maximum of 14 days in any calendar year on any given lot.  Cooking is not permitted in the recreational vehicle at any time.  Butane or propane fuel shall not be used.

                             b.     Not permanently connected to sewer lines, water lines, or electricity.  The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes if the receptacle and the connection from the recreational vehicle has been inspected and approved by the city; this connection must meet the Electrical Code of the city and a city electrical permit must be obtained for all such installations.  The individual taking out the permit must call for an inspection of the electrical wiring when ready for inspection.  Standard inspection fees will be charged, except no inspection shall be made for less than a $3.50 fee.

                             c.     Not used for storage of goods, materials, or equipment other than those items considered to be a part of the unit or essential for its immediate use.

                        5.     Notwithstanding the provisions of divisions 3. and 4. above, a unit may be parked anywhere on the premises during active loading or unloading, and use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

                        6.     If the dwelling unit on the lot is under construction, the provisions of division (2)(k)3. of this subsection shall control, rather than the provisions of (2)(i)1. through 4. of this division (A).

                        7.     No recreational vehicle or boat may be parked in a clear sight triangle.

                   (j)     Sign, provided that it meets the requirements of (2)(f)8. of this division (A) or § 14-16-3-5 of this Zoning Code.

                   (k)     Trailer parking as follows:

                        1.     Inside parking if all provisions of (2)(h)4. of this division (A) are met;

                        2.     Outside parking in the side yard or the rear yard of cargo trailers of less than 2,500 pounds carrying capacity.

                        3.     As  a  dwelling  connected  to any utilities during construction of a building on the premises, for a period of up to six months or until the construction is completed, whichever comes first.  The six-month period shall begin to run from the date on which a building permit is issued for a dwelling unit on the same lot.  The body of the trailer shall be set back at least five feet from any lot line and eight feet from the dwelling unit under construction.

                        4.     Notwithstanding the other provisions of this subsection, a trailer may be parked anywhere on the premises during active loading or unloading.

                   (l)     Hobby breeder, as defined by and under a permit pursuant to Chapter 9, Article 2, Animal Control.

              (3)     Community residential program except not either Community residential corrections program or Community residential program for substance abusers: up to ten client residents provided that the standards of § 14-16-3-12 of this Zoning Code are met.

              (4)     Growing plants, noncommercial.

              (5)     Private Commons Development, not less than two acres in area, if allowed in a Sector Development Plan or area plan governing the site.

              (6)     Public park.

              (7)     Public school, including caretaker's mobile home.

              (8)     Public utility structure, provided its location is in accord with an adopted facility plan and a site development plan for building permit purposes has been approved by the Planning Commission.

              (9)     Real estate office and an incidental sign in connection with a specific development, provided it is not used as living quarters during the time it is used as an office, and further provided that it is limited to a period of one year unless the time is extended through approval by the Zoning Enforcement Officer.  A site plan and floor plan approved by the Zoning Enforcement Officer is required prior to establishment of this activity.

              (10)     Wireless Telecommunications Facility which is concealed or located on a public utility structure, provided the requirements of § 14-16-3-17 of this Zoning Code are met.

              (11)     Family Housing Development, as defined by the Family Housing Development Ordinance, Section 4.

         (B)     Conditional Uses.

              (1)     Accessory living quarters.

              (2)     Animal keeping, noncommercial, the species being other than those which are permissive in this section.

              (3)     Carport in the required front or side setback area, provided:

                        a.     No part is within three feet of a property line, other than a right-of-way line.

                        b.     No building wall is ever built within a required setback area.

                        c.     The specific carport proposed is in harmony with the building site.

              (4)     Construction office in connection with a specific construction project provided it is limited to a period of one year unless the time is extended through a new conditional use.

              (5)     Family day care home, with any sign limited as for home occupations.  There shall be an outdoor play area adequately enclosed with a wall or fence.  At least one member of the residing family shall serve as a provider of care.  The activity shall be licensed by the state as a family day care home.  (See also the permissive use provisions.)

              (6)     Front yard setback of not less than 15 feet if there is no front yard driveway and vehicle access is only to the rear yard from an alley or if the garage setback is not less than 25 feet and comprises no more than 50% of the width of the street-facing building facade and driveways and off-street parking areas cover no more than 60% of the area of the front yard.

              (7)     Health care, including physicians, massage, therapy, etc. (but not nursing homes), as physically limited under home occupations.

              (8)     Public library.

              (9)     Public utility structure which is not permissive.

              (10)     Recreational facility (non-profit), such as community center, swimming pool, tennis club.

              (11)     Second kitchen within a house, provided:

                   (a)     The kitchen is incidental to occupancy of the entire house in common by members of one family (as herein defined); that, in fact, there would not be two separate and distinct dwelling units, each exclusively occupied by some family members.

                   (b)     If such use is approved, the Zoning Hearing Examiner shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners.  The terms of the city action shall run with the land.

              (12)     Shade structure including a covered patio, a gazebo, a pergola, a ramada or similar roofed structure, either detached or attached, in the required rear yard setback area, provided:

                   (a)     No part is within three feet of a property line.

                   (b)     No building wall is ever built within the required setback area.

                   (c)     No more than 50% of the required rear yard setback area is covered by a roof.

                   (d)     The structure shall not exceed 12 feet in height nor shall it exceed the height of the principal building on the site.

                   (e)     A second floor deck is prohibited.

                   (f)     The specific structure proposed is in harmony with the building site and with surrounding sites.

              (13)     Storage structure or yard for equipment, material, or activity incidental to a specific construction project, provided it is of a temporary nature and is moved after the specific construction project is completed or work on the project has been dormant for a period of six or more months, and further provided that it is limited to a period of one year.  Incidental signs may also be approved.

              (14)     Walls, fences, and retaining walls, in a setback area where height is normally limited to three feet, up to five feet high when less than ten feet from the property line, and up to six feet high when ten or more feet from the property line, provided:

                   (a)     It is attractive and in harmony with its site, the style of the wall or fence blending architecturally with the adjacent residences and with the general streetscape, it is consistent with the requirements of Section 14-16-3-19, and it is at least one of the following:

                        1.     At least 11 feet from the public sidewalk or planned public sidewalk location, or 14 feet from the edge of the street pavement, whichever is more restrictive;

                        2.     The portion of the wall or fence which is more than three feet above the adjacent curb top is essentially an open fence which permits good visibility through it; or

                        3.     On a corner lot, the rear yard of which is contiguous to the front yard of a residentially-zoned lot, and the wall or fence is not in the required front yard setback.

                   (b)     The Zoning Hearing Examiner shall not approve a wall or fence unless the Traffic Engineer finds that the specific plan approved would not be a hazard to traffic visibility.

                   (c)     Wire fences over three feet high and in setback areas are not normally considered to be in harmony with a residential streetscape.

         (C)     Height.  Structures shall not exceed 26 feet in height, except as provided in § 14-16-3-3 of this Zoning Code and antenna as provided in division (A) of this section.

         (D)     Lot Size.

              (1)     Except as provided in division (2) and (3) below, minimum lot area shall be 6,000 square feet.  Minimum lot width shall be 60 feet.

              (2)     (a)     Lot standards in subdivisions for which plats are submitted after February 1, 1981, shall be:

                        1.     Minimum lot area of 5,000 square feet.

                        2.     Minimum lot width of 50 feet.

                   (b)     Provided, however, that these standards rather than the standards indicated in division (1) above shall apply only where the Planning Director finds that such a lot size will not depart from a pattern of larger developed lots, which pattern constitutes the established character of the neighborhood.

              (3)     Lot standards for Family Housing Development subdivisions which meet the requirements set forth in the Family Housing Development Ordinance or for a lot with vehicle access only to the rear yard from an alley or for a lot with a detached garage located in the rear yard and accessed by a driveway with a maximum width of 12 feet in the front yard and in the side yard abutting the side of the dwelling, shall be:

                   (a)  Minimum lot area of 4,000 square feet.

                   (b)  Minimum lot width of 40 feet.

         (E)     Setback.  The following regulations apply, except as provided in § 14-16-3-3:

              (1)     There shall be a front yard setback of not less than 20 feet.

              (2)     For lots created after January 1, 2005 and for lots granted conditional use approval, if one of the following conditions is met, then there shall be a front yard setback of not less than 15 feet:

                   (a)     There is no front yard driveway and vehicle access is only to the rear yard from an alley, or

                   (b)     The garage is set back not less than 25 feet and comprises no more than 50% of the width of the street-facing building facade and driveways and off-street parking areas cover no more than 60% of the area of the front yard.

              (3)     On a corner lot, the side-yard setback adjacent to the side of the street shall be as follows:

                   (a)     If the rear yard abuts the front yard of a residentially-zoned lot, not less than 20 feet.

                   (b)     If division (3)(a) does not apply, not less than ten feet.

              (4)     Side-yard setbacks which are interior, i.e., measured from side lot lines which are not adjacent to streets, shall be either:

                   (a)     Not less than five feet on each side if the lot width (see definition in § 14-16-1-5) is 65 feet or less. The setback on one side shall increase one foot for every one foot incremental increase in lot width to a maximum side setback of ten feet (thus, if lot width is 70 feet or more, the minimum side setbacks are ten feet on one side and five feet on the other);

                   (b)     There shall be one side-yard setback of not less than ten feet on one side. The other side-yard setback shall be at least five feet, except that it may be reduced or eliminated if the owner of the abutting lot agrees in writing to permanently bind his lot to not have a house closer than ten feet to the areas allowed for a house on the subject lot, and the agreement is included with the application  for a building  permit. The agreement shall be filed by the owners with the Planning Director after being recorded with the County Clerk. In no case shall the distance between two residential buildings be less than ten feet; or

                   (c)     For lots where a common, interior side lot line is oriented more than 60° from due north-south, the minimum side-yard setback on the northerly side of the common lot line shall be as follows:

                        1.     Not less than 15 feet if the immediately adjacent side yard setback is less than five feet;

                        2.     Not less than ten feet if the immediately adjacent side yard setback is five feet or more.

                        3.     Provided the provisions of divisions (a) and (b) above shall apply if:

                             i.     For irregularly shaped lots, setback lines allow one side of the house on the irregularly shaped lot to be oriented 30° or more from due north-south, and which allow solar access equal to or greater than the provisions of division 1. or 2. above; or

                             ii.     The owner of the property on the northerly side of the common lot line agrees in writing to permanently waive the requirement of the 15 foot side yard originally required to protect that property's solar access.  The agreement must be included with the application for a building permit, if applicable, and shall be filed by the owners with the Planning Director after being recorded with the County Clerk.

                        4.     Unless waived pursuant to division 3.ii above, in no case shall the distance between two residential buildings be less than 15 feet.

                        5.     Setback lines shall be as indicated on the final plat (either by note, reference, or dimension) not inconsistent with this division (E).

              (5)     (a)     There shall be a rear-yard setback of not less than 15 feet.

                   (b)     For lots created after January 1, 2005, if alleys are provided, either a second story heated space or the rear yard wall or fence shall provide a view of the alley.

         (F)     Off-Street Parking.

              (1)      Off-street parking shall be as provided in § 14-16-3-1 of this Zoning Code.

              (2)     Maximum front yard setback area that can be an improved parking and maneuvering area: 60%, but no more than 30 feet wide or the width of the front of the garage, whichever is wider.

              (3)     Parking on any portion of a front yard setback area, other than the improved parking and maneuvering areas, is prohibited.

    ('74 Code, § 7-14-10)  (Ord. 80-1975; Am. Ord. 38-1978; Am. Ord. 63-1978; Am. Ord. 7-1979; Am. Ord. 23-1979; Am. Ord. 52-1980; Am. Ord. 62-1980; Am. Ord. 23-1981; Am. Ord. 101-1981; Am. Ord. 20-1982; Am. Ord. 51-1985; Am. Ord. 5-1987; Am. Ord. 41-1987; Am. Ord. 53-1989; Am. Ord. 12-1990; Am. Ord. 47-1990; Am. Ord.  3-1991; Am. Ord. 45-1991; Am. Ord. 23-1993; Am. Ord. 10-1995; Am. Ord. 31-1996; Am. Ord. 9-1999; Am. Ord. 15-1999; Am. Ord. 27-2001; Am. Ord. 8-2002; Am. Ord. 25-2003; Am. Ord. 29-2004; Am. Ord. 44-2005; Am. Ord. 17-2007; Am. Ord. 19-2010)

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