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Planning & Land Use

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1. What are your hours?

The Planning & Land Use Department is opened Monday thru Friday, 8 am- 5pm, except holidays. The Cashier's window closes at 4:30, any business that will require a transaction should made prior to their closure.

2. Where is your office located?

We are located within City Hall at 405 N. Paseo de Oñate.

3. How do I get a building permit?

As of January 2016, building permits for residences within municipal boundary are being issued by the NM State Construction Industries Division (CID) http://www.rld.state.nm.us/construction/ . Construction type may require the issuance of a Land Use Site Development Permit from our office prior to the application of a building permit.  You are advised to contact CID to answer any construction related questions.

4. What changes to my property require a permit? How do I determine fees for my application?

Significant changes to a property often require a Land Use Site Development Permit. These changes include, but are not limited to, construction of a carport or boundary fence; relocation of a mobile home, or new utility connections. It is always a good idea to check with the department to see if a permit is required before starting a project. Land Use Site Development Permits are charged at a flat $75 rate.

5. How do I submit a land use/site development permit application? What documents do I need to submit?

Submitting a Site Development Permit Application can be done in person at City Hall, or via the City of Espanola website. In addition to the application form, you will need to provide the City with a Site Plan, Proof of Ownership or Lease and Detailed Project Description. For properties located within a flood zone, a Certificate of Elevation is required. Manufactured Home applications require a copy of the Certificate of Occupancy provided by the State of New Mexico within 60 days of issuance.

6. What is zoning? How do I find out what my property is zoned?

Zoning is the how the City controls the physical development of land and how individual properties may be used. Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. To find out a property’s zoning, you can ask the Planning and Land Use Department, or visit our Interactive Map Gallery within this website.

7. How do I obtain a business registration? What other permits do I need to establish my business?

Business registrations are issued by the Clerk’s office. In cases where a business is moving to a new location, the Planning and Land Use Department will review the Zoning Map to ensure the business is a permitted use, and that there is adequate parking.

8. What does the Planning & Land Use Department do?

The department provides a full range of services from processing permits to developing long range plans and land use polices. The Planning and Land Use Department maintains the City’s land use code and zoning map, and processes a variety residential and commercial planning applications. The department also, provides support to the Planning and Zoning Commission to ensure quality growth and development that reflects the values and goals of our community.

9. How does Planning and Land Use approve my application?

Our goal is to offer consistent, courteous, quality service to our community. Once a complete permit application is submitted, a member of our highly-trained staff will review the application to ensure the proposed changes are in line with the City’s Zoning and Development Code. The review process is usually completed within 5-business days of receiving the application.

10. What happens if I build without a permit?

Residents are not allowed to build without a permit within the City of Espanola. If you are caught building without a permit, the City will require you to stop all construction activities until a permit is obtained. If you are denied a permit, a Notice of Violation will be issued requiring you to remove the construction. If corrective action is not taken, a summons will be issued requiring the property owner to appear in Municipal Court.

11. What is a Site Plan?

The City requires a site plans for all development projects that require a permit. A site plan is a detailed graphic and written document that shows how a site will be developed. Site plans submitted to the City should include the property’s address and legal description, and show the location of all lot lines, structures, utilities and easements. An example of a site plan can be found within our Permits/Fees/Documents page.

12. Should I report a neighbor who is building without a permit?

Our community is stronger when the City and its residents work together. If you suspect someone is building without a permit, you can call our Code Enforcement Officer at (505) 747-6081. The process is 100% anonymous, and the property owner will never know who filed the complaint.

13. Can I locate a mobile or manufactured home on my property?

Mobile and manufactured homes can be placed in all residential zones (R-1, R-2, R-4, R-6). Mobile and manufactured homes are not permitted in the Commercial Zones B-1, B-2, and B-3, or the ROI-Residential, Office, Institutional zone.

14. What types of livestock can I have on my property?

Agricultural and ranching activities are only permitted in the R-1 and R-2 zones. The types and numbers of livestock allowed are based on the total lot area. The ratios can be found in Section 614 of Chapter 350 of the Municipal Code. To determine your zone, visit our Interactive Map Gallery for access to our Zoning Map.

15. Can I split or subdivide my property? What is the process to do so?

Properties can be subdivided if all resulting lots are greater than 7,500 square feet in size. The procedures for subdividing a property into two or more lots can be found Section 294-3 of Chapter 350 of the Municipal Code.  You are advised to make an appointment with the Planning Director to discuss your property's possibilities.

16. What are easements? Who enforces an easement?

An easement is a legal right to use another person's land for a specific limited purpose. An easement grants the legal right to use the property, but the legal title remains with the owner of the land. Disputes over easements are civil and handled by the Courts, not the City of Española.

17. What permits do I need to add on to my house or build a garage, carport, or other accessory structure?

You will need to obtain a Site Development permit from the Planning and Land Use Department prior to adding on to a house or building an accessory structure. The permit application fee is $25, and the application form is available online in our Document Center or at City Hall.

18. How do I determine if my property is in a floodplain?

The City is currently working on making flood plain information available to our residents. In the meantime, flood zone information is available from the Planning and Land Use Department. Our office is located within City Hall, 8am-5pm, Monday through Friday, except holidays.

19. The changes I want to make to my property require a variance from the Zoning Code. What is the process to obtain a variance?

In order to obtain a Variance, residents and business owners will need to request review from the Planning and Zoning Commission. Visit our Planning Commission page for the application, deadlines and scheduled meetings, or make an appointment with the our Development Planner at (505) 747-6082.

20. What are setbacks? What are the setbacks for my property?

A setback is the required distance which a building or other structure is set back from a property line or other defining feature. Setbacks vary by zone; therefore, your setback can be determined by first locating what zone you are in (visit our Zoning Map) and secondly, referencing the table within Municipal Code, Chapter 350: Zoning & Development (last page).

21. I want a sign for my business, what size can I have?

Allowable signage varies by zone as well as sign type. The City’s Sign Ordinance can be found in Section 900 of Chapter 350 of the Municipal Code. Our staff is happy to assist you and answer any question you may have as you begin designing a new sign for your organization or business.