ADU rules in Albuquerque

Casitas are a permissive accessory use ('A') in the R-A, R-1, R-T, and R-ML residential zones, plus several Mixed-use and Non-residential zones. When accessory to a single-family or two-family dwelling, the ADU must be provided as a detached accessory building, located behind the rear wall of the primary building. One ADU per lot.

On residential lots the ADU 'must be provided as an accessory building' (detached). A renovation creating a second unit with a kitchen and separate entrance inside the main house is regulated separately as a two-family dwelling, not an ADU; a second kitchen alone is a separate accessory use. Exception: in Mixed-use and Non-residential zones a caretaker ADU may be attached to or detached from the building with the primary nonresidential use.

One ADU per lot where allowed. Height: no taller than the primary structure on the property; in CPO-3, no taller than the primary dwelling or 18 feet, whichever is less. A second cap can bind first on small lots: because a detached ADU is an accessory building, all accessory buildings together may not cover more than 25 percent of the combined side and rear yards, and none may span the full width of the rear or side yard unless a 5-foot passage is left.

No owner-occupancy requirement appears in the ADU use-specific standards, and a full-text search of the effective IDO found no owner-occupancy provision anywhere in the ordinance. City materials describe casitas as a way of 'Providing extra income as a rental unit'.

Table 5-5-1 minimum off-street parking: 'Dwelling unit, accessory: 1 space / accessory dwelling unit', in addition to the primary dwelling's requirement. The city requires the location of that space to be shown on the casita site plan.

Listed as 'A' (Permissive Accessory) in Table 4-2-1 for R-A, R-1, R-T, and R-ML, so there is no conditional-use approval and no public hearing. The approval is administrative but comes in two steps: first a Site Plan - Administrative application, decided by Planning staff, which requires posting a sign on the property and emailing the recognized neighborhood associations within 660 feet; then a building permit with construction drawings and the approved site plan. Staff decisions are appealable to City Council through the Land Use Hearing Officer. The city also offers free pre-approved casita construction plans.

IDO 4-3(F)(6) contains no rental or lease-term provisions, and the IDO full text contains no short-term-rental provisions. The separate Short Term Rental Ordinance (ROA 1994 Article 13-19) defines an STR as rental of a dwelling unit for 29 days or less and requires a Planning Department permit for each unit (120 dollars initially, 90 dollars to renew), a city business registration, 250,000 dollars of STR insurance, and a posted Good Neighbor Agreement. Its definitions contain no ADU carve-out or prohibition.