SENATE BILL 69

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Timothy M. Keller and Bill B. O’Neill

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 the 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; or

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

          B. An amendment to the existing zoning of property, located within a municipality with a population greater than sixty thousand in the most recent federal decennial census, that is proposed by the property's owner may be based on a preponderance of evidence that a different zoning for the property is more advantageous to the community because it is reasonably expected to reduce vehicle miles traveled or to provide increased energy efficiency, even if the change in zoning would provide a different zoning for the property than the zoning of surrounding property.

          C. 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) "energy efficiency" means a change in energy use that results in an increase in net benefits per unit of energy used."

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