ADU rules in Albuquerque, NM โ also called accessory dwelling unit regulations or granny flat ordinances โ cover setbacks, owner-occupancy, parking, and permit requirements.
Albuquerque's Integrated Development Ordinance allows one accessory dwelling unit (casita) per lot in the R-A, R-1, R-T, and R-ML zones, capped at 750 square feet of gross floor area, no taller than the primary house, with a minimum 5-foot side or rear setback.
Accessory dwelling units (commonly called casitas) are regulated as a Use-specific Standard in Subsection 14-16-4-3(F)(6) of the City of Albuquerque Integrated Development Ordinance (IDO), 2023 Annual Update, effective August 2024. Where the use is allowed, only one ADU is permitted per lot and it is limited to 750 square feet of gross floor area; a garage attached to the ADU does not count toward that size limit. When added to a single-family or two-family detached dwelling, the ADU must be provided as an accessory building. A minimum 5-foot side or rear setback is required, the ADU may be no taller than the primary structure, and its building facades must be the same or similar in color to the primary building. A detached ADU must comply with the Accessory Buildings standards in Subsection 14-16-5-11(C)(4) and, in any Residential or Mixed-use zone district, must be located behind the rear wall of the primary building (with the same minimum street-side setback as the primary building on corner lots). Two small areas have special rules in the R-1 zone: in the Downtown Neighborhood Area (CPO-3) an ADU may not exceed 650 square feet and a detached ADU may not exceed the height of the primary dwelling or 18 feet, whichever is less; in Sawmill/Wells Park (CPO-12) ADUs in R-1 are only allowed on lots of at least 7,000 square feet. Off-street parking is one space per accessory dwelling unit (IDO Table 5-5-1). The City offers free pre-approved casita construction plans from 450 to 750 square feet as part of its Housing Forward ABQ initiative. New Mexico has no statewide statute preempting local ADU zoning, so the IDO controls.
Building an ADU without the required City building permit and zoning compliance can result in code-enforcement action, stop-work orders, and after-the-fact permitting under the Uniform Administrative Code (Article 14-1 of ROA 1994). Violations of the IDO are enforced under Part 14-16-8 and may carry civil penalties and required correction or removal.
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