O-24-69 is a Council-sponsored amendment to the IDO.
O-24-69 went into effect on January 28th, 2025 and will apply to any development applications submitted on and after this date.
This bill was introduced at the January 6, 2025 City Council meeting by City Councilor Dan Lewis of District 5 and Joaquín Baca of District 2.
“AMENDING THE INTEGRATED DEVELOPMENT ORDINANCE REGARDING APPLICABILITY, APPEALS, AMENDMENT PROCESSES AND EASING RESTRICTIONS ON HOUSING DEVELOPMENT.”
The bill passed 7 to 2 and was assigned Enactment Number O-2025-004.
See also:
- City Council website article: “Addressing Albuquerque’s Housing Through Smart Policy Reform”
- Find your City Councilor here.
- Contact you City Councilor here.
By City Charter, the City Council is the City’s land use, planning, and zoning authority and has the power to adopt and amend Ordinances, including the IDO, at any time.
Planning staff will incorporate the text changes from O-24-69 once the next Biennial Update is complete, expected in Fall 2026.
The Biennial process is described in §14-16-6-3(D) of the IDO, and amendments are reviewed against and decided through the criteria and process in §14-16-6-7(D) and 6-7(E).
O-24-69 adds text confirming that Council amendments can be submitted anytime, do not require Environmental Planning Commission (EPC) review, and are not subject to the decision criteria in the IDO.
See also:
O-24-69 makes a range of residential uses permissive in Residential zone districts within ¼ mile of Main Street (MS) and Premium Transit (PT) corridors.
- Dwelling, two-family detached (duplex)
- Dwelling, townhouse
- Dwelling, multifamily
- Does not apply South of Central Avenue and West of the Rio Grande
O-24-69 eliminated building height maximums for multi-family dwellings within 1,320 feet (1/4 mile) of MS-PT areas; however, building heights will still be limited by requirements in IDO §14-16-5-9(B) Neighborhood Edges and IDO §14-16-5-10 Solar Access depending on the uses and zoning of abutting properties.
If the abutting properties are low-density residential development (e.g. single-family homes or townhouses), building height will be limited to 30 feet within 50 feet of low-density residential development in MS-PT areas or 30 feet within 100 feet of low-density residential development outside of MS-PT areas.
Yes, as long as you met setback, usable open space, and parking requirements.
Yes. It would then be considered a townhouse, which is also permissive within ¼ mile of MS-PT areas.
Visit the Interactive IDO Zoning Map and select Button 2: Comprehensive Plan Layers. Check the boxes for within 1,320 feet (1/4 mile) of Main Street Corridor Area and within 1,320 feet (1/4 mile) of Premium Transit Station Area.
See also:
- IDO Table III: IDO Provisions for ABC Comp Plan Centers and Corridors Areas
- Albuquerque & Bernalillo County Comprehensive Plan, Chapter 3 The Vision, 3.3.2 Corridors
- IDO Section 7-1: Measurement Definition for Premium Transit (PT) Area and Main Street (MS) Area
- IDO Section 7-1: Center and Corridor Definition for Premium Transit (PT) Corridor and Main Street (MS) Corridor
- Premium Transit Corridors FAQs
- How does a Comprehensive Plan relate to a Zoning Code?
O-24-69 reduced parking in certain Center and Corridor areas.
UC-AC-ES-MS Reductions
The previous parking reduction in UC-AC-EC-MS areas increased from 20% to 50%.
MT in Areas of Change Reductions
The previous parking reduction in MT areas in Areas of Change increased from 20% to 50%.
PT Reductions
Parking reductions were increased for properties within the Premium Transit (PT) area from 50% to 60%, when not otherwise specified in IDO Table 5-5-1 and Table 5-5-2.
Visit the Interactive IDO Zoning Map and select Button 2: Comprehensive Plan Layers. Check the boxes for Centers (which will display Urban Centers, Activity Centers, and Employment Centers) and Main Street Corridor Areas.
Visit the Interactive IDO Zoning Map and select Button 2: Comprehensive Plan Layers. Check the boxes for Major Transit Corridor Areas and City Development Areas. Enter your address in the search bar to zoom in; otherwise, you will need to zoom in to see Areas of Change, shown in dark orange.
Visit the Interactive IDO Zoning Map and select Button 2: Comprehensive Plan Layers. Check the box for Premium Transit Station Areas.
Character Protection Overlay (CPO) zones establish regulations that take precedence over the underlying zone district to protect community character, such as requiring specific regulations for building height or setbacks.
If a CPO zone requires a more restrictive building height or other dimensional standard than the underlying zone district, the CPO requirements would apply. The unlimited building height for multi-family dwellings allowed by O-24-69 would not be allowed if an existing CPO specifies a building height limit for multi-family dwellings or for Residential zone districts.
CPO zones do not regulate allowable uses, so duplexes, townhouses, and multi-family development would be allowed within areas with a CPO zone, as long as they meet CPO setbacks, building height, etc., as well as IDO requirements for the use and general development standards.
See also:
- IDO Table 3-2-1: Summary Table of Overlay Zones
- How do I look up my zoning?
- How do I find out what development standards apply to my property?
O-24-69 changed the requirements for who can file an appeal and requires the appellant to pay the other party’s attorney’s fees if an appeal of an approval is denied.
Changes to who can file an appeal
Any person or organization that made an appearance of record (i.e. sent written comments or testified at a public hearing) that can demonstrate that they were specially and adversely affected can appeal a decision. Use of public land does not constitute standing for appeals, but this does not limit standing for Indian Nations, Tribes, or Pueblos.
Neighborhood Associations within 660 feet of the subject property can file an appeal based on proximity. O-24-69 requires that a Neighborhood Association submit a petition of support signed by property owners/tenants of a majority of the lots within 660 feet of the subject property.
Property owner information for lots within 660 feet of the subject property is available from the Bernalillo County Assessor. For City assistance generating a list, please email PLNbuffermaps@cabq.gov.
Changes to Neighborhood Association Notification
O-24-69 states that failure to notify a Neighborhood Association is not sufficient grounds to grant an appeal. This does not mean that applicants will no longer be required to notify Neighborhood Associations in accordance with Section 6-4(J) of the IDO. Planning staff requires proof of this notice as part of standard review procedures, but in the instance that staff has erred, the lack of notice to the Neighborhood Association would not be sole grounds to grant an appeal.
Changes to Appeal Costs
When appealing an approval, the appellant may be responsible for paying the attorneys’ fees of the applicant if their appeal is denied. The reasonable costs to be paid will be determined by the Land Use Hearing Officer.
When appealing a denial, all parties will be responsible for their own costs.
See also:
The City is still required to follow the IDO, but O-24-69 clarifies the City’s role as it relates to City development projects and the role of Council in future IDO amendments.
City Development Projects
Decisions for development projects on City property are considered final and are not subject to appeal to City Council. (Any appeals will be sent directly to District Court).
IDO Updates
O-24-69 specifies that amendments to the IDO can be made at any time by City Council. Amendments by Council are not required to be reviewed by the Environmental Planning Commission. Albuquerque’s City Charter specifies that City Council is the City’s land use, planning, and zoning authority, which is reflected in this IDO amendment.
The Rank 1 Comprehensive Plan is a policy document that sets out a community vision and goals and policies that the City should follow. Because of its broad scope and overlapping goals and policies, a new regulation does not have to implement them all, and some conflicts may occur. If City Council adopts an Ordinance that conflicts with a preponderance of goals/polices in the Comprehensive Plan, it could be in danger of being overturned or be subject to scrutiny if appealed to District Court.
Please consult an attorney, the Middle Rio Grande Conservancy District, or the Albuquerque-Bernalillo County Water Utility Authority if you have questions about how new development might affect your water rights.
Is staff available to answer questions about O-24-69?
Please contact the project team at abctoz@cabq.gov with any questions or to request additional training.