SENATE BILL 17

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Timothy M. Keller

AN ACT

RELATING TO ZONING; PROVIDING FOR REZONING OF PARCELS IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 3, Article 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] AMENDMENT TO EXISTING ZONING--BASES FOR REZONING.--

          A. An amendment to existing zoning of any property may be based on a preponderance of evidence that:

                (1) the existing zoning is inappropriate because there was an error when the existing zone map pattern was created;

                (2) the existing zoning is inappropriate because changed neighborhood or community conditions justify the change; or

                (3) a different zoning for the property is more advantageous to the community because it is reasonably expected to reduce vehicle miles traveled or other sources of greenhouse gas emissions, even if the change in zoning would provide a different zoning for the property than zoning of surrounding property.

          B. For the purposes of this section:

                (1) "vehicle miles traveled" means the total miles traveled by all vehicles in a specified area during a specified time; and

                (2) "greenhouse gas" means any gas that contributes to the global warming or the greenhouse effect when released into the atmosphere."

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