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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.
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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.
We are located at 409 N. Paseo de Oñate; next door to City Hall.
Building permits require Zoning Approval by the Planning and Land Use Department. Once the zoning approval is granted, you will need to contact to NM Construction Industries Division http://www.rld.state.nm.us/construction/ to obtain a Building Permit. Please contact our office for assistance with this process. You are advised to contact CID to answer any construction code related questions.
Land Use/ Development Site Permits are charged at a flat $75 rate and are required prior to the development of your property. This includes, but is not limited to, construction of a new home; adding square footage to an existing home; placement of a mobile/manufactured home, carport, fence and/or other accessory structure; utility connections and the opening of a business. Property owners are advised to check with the department regarding required permits before they start a project.
Submitting a Site Development Permit Application can be done in person at City Hall. The Application can be downloaded here. http://www.cityofespanola.org/DocumentCenter/View/3646/Development-Permit: 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 that a copy of the Certificate of Occupancy, provided by the State of New Mexico, be provided within 60 days from the placement of the home.
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 Zoning Map.
Business Registrations are issued by the Clerk’s office; however, the process begins in the Planning & Land Use Department. This ensures that the proposed business location is properly zoned for the proposed business, or is an allowable home occupational use. It also regulates that minimum commercial design standards will be met and coordinates the required Fire Department Inspection. Note that some properties may require a Commercial Site Plan Review before the Planning Commission prior to the issuance of a Business Registration. It is recommended that you meet with the Planning Department to discuss your business plans. The Business Registration Application is available here.
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.
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.
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.
The City requires a site plan for all development projects that require a permit. A site plan is a detailed graphic and written document that illustrates how the applicant plans to develop the property. Site plans submitted should include the property’s address and legal description; lot line locations; all existing structures and their square footage; all proposed structures and their square footage; distances between existing/proposed structures and other structures and lot lines; utilities; easements and a north arrow. The site plan will be specific to your property - an example site plan can be found here.
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. You can request to remain anonymous, and the property owner will never know who filed the complaint.
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. The placement of mobile and manufactured homes does require a permit, and generally cannot be placed on the same legal lot as an existing home.
It may be possible to subdivide an existing lot if there is enough overall area and street frontage. Minimum lot sizes vary by zone district and all resulting new lots must have street frontage. The procedures for subdividing a property into two or more lots can be found Chapter 294 of the Municipal Code. You are advised to make an appointment with the Planning Director to discuss your property's possibilities.
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 next to City Hall at 409 N. Paseo de Oñate, 8am-5pm, Monday through Friday, except holidays.
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 your property is designated through our Interactive Zoning Map and secondly, referencing the Site Development Requirement Table within Municipal Code, Chapter 350: Zoning & Development .