Building and uses of lots in Nob Hill are regulated by the City of Albuquerque Comprehensive Zoning Code and its subsidiary ordinance, the Nob Hill Highland Sector Development Plan of 2007 (As Amended Through August 2014). (the Sector Plan)
The Comprehensive Zoning Code governs:
- Permissive uses (uses permitted automatically)
- Conditional uses (uses that can be implemented only with a Conditional Use Permit)
- Setbacks of structures from property lines, structure height
- and similar matters
With respect to the residential areas of Nob Hill the Sector Plan:
- protects solar rights by limiting building height in all neighborhoods west of Washington Blvd.
- establishes the SFHD and MRHD zones in the Monte Vista and College View Historic District. In these zones second floor additions must be offset at least 5 ft from the front of the house. Carports and walls or fences over 3 ft high in the front yard area are not permissive or condtional uses.
Property owners can get advice from the City Planning Department by calling 924-3860.
Most construction, including buildings, walls, and carports require a building permit issued by the City Building and Safety Division, 924-3963. When a property owner applies for this permit the Zoning Division will examine the construction plans for the proposed work to assure that the proposed use is permissive, heights are within the allowed limits, and the setbacks of the proposed work from property lines are consistent with the Zoning Code.
If the proposed use is conditional, the Code requires that the property owner obtain a conditional use permit. If the setbacks or height of the proposed work are not consistent with the Zoning Code the property owner normally needs to seek a variance to the Code. These permits and variances, collectively known as special exceptions, are sought through a process administered by the City Zoning Hearing Examiner(ZHE).