In Albuquerque, a rear-loaded residential garage or carport must be set back at least 3 feet from a property line abutting an alley or street; otherwise an accessory building such as a carport generally has no required setback from a lot line but may not occupy over 25 percent of the side and rear yards combined.
Carports and detached garages are accessory buildings governed by the dimensional standards in Subsection 14-16-5-11(C) of the City of Albuquerque Integrated Development Ordinance. Under 14-16-5-11(C)(3)(b), rear-loaded residential garages shall be set back a minimum of 3 feet from a property line abutting an alley or street. Under the Accessory Buildings standards in 14-16-5-11(C)(4), an accessory building (which includes a carport) may not be located in any required front setback and may not occupy over 25 percent of the side and rear yards combined; unless specified otherwise in the IDO an accessory building has no required setback from a lot line; and an accessory building may be connected to the principal building with a roof only if at least 2 sides of the connecting structure are not enclosed, with that roof located at least as far from any side lot line as the roof of the principal building. An accessory building in a required setback may not exceed the height of the primary building. All accessory buildings must comply with Articles 14-1, 14-2, and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes, Fire Code, and Uniform Housing Code). New Mexico has no statewide statute that preempts these local carport standards.
A carport or detached garage that violates the 3-foot alley/street setback, the 25-percent yard-coverage limit, the front-setback prohibition, or the connecting-roof rule can be cited under IDO Part 14-16-8 and the building code (ROA 1994 Art. 14-1), requiring relocation, removal, or after-the-fact permitting.
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