0001|                           SENATE BILL 927
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           WILLIAM F. DAVIS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ZONING; REDEFINING RESIDENTIAL USE IN CERTAIN
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0012|     CIRCUMSTANCES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 3-21-1 NMSA 1978 (being Laws 1965,
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0016|     Chapter 300, Section 14-20-1, as amended by Laws 1995, Chapter
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0017|     170, Section 4 and also by Laws 1995, Chapter 211, Section 3)
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0018|     is amended to read:
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0019|          "3-21-1.  ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--
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0020|               A.  For the purpose of promoting health, safety,
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0021|     morals or the general welfare, a county or municipality is a
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0022|     zoning authority and may regulate and restrict within its
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0023|     jurisdiction the:
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0024|                    (1)  height, number of stories and size of
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0025|     buildings and other structures;
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0001|                    (2)  percentage of a lot that may be occupied;
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0002|                    (3)  size of yards, courts and other open
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0003|     space;
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0004|                    (4)  density of population; and
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0005|                    (5)  location and use of buildings, structures
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0006|     and land for trade, industry, residence or other purposes.
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0007|               B.  The county or municipal zoning authority may:
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0008|                    (1)  divide the territory under its
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0009|     jurisdiction into districts of such number, shape, area and
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0010|     form as is necessary to carry out the purposes of Sections 3-
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0011|     21-1 through 3-21-14 NMSA 1978; and
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0012|                    (2)  regulate or restrict the erection,
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0013|     construction, reconstruction, alteration, repair or use of
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0014|     buildings, structures or land in each district.  All such
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0015|     regulations shall be uniform for each class or kind of
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0016|     buildings within each district, but regulation in one district
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0017|     may differ from regulation in another district.
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0018|               C.  All state-licensed or state-operated community
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0019|     residences for the mentally ill, <s>[or]</s> developmentally
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0020|     disabled <u>or handicapped persons</u> serving <s>[ten]</s> <u>five</u> or
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0021|     fewer persons may be considered a residential use of property
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0022|     for purposes of zoning and may be permitted use in all
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0023|     districts in which residential uses are permitted generally,
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0024|     including particularly residential zones for single-family
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0025|     dwellings.
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0001|               D.  A board of county commissioners of the county in
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0002|     which the greatest portion of the territory of the petitioning
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0003|     village, community, neighborhood or district lies may declare
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0004|     by ordinance that a village, community, neighborhood or
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0005|     district is a "traditional historic community" upon petition by
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0006|     twenty-five percent or more of the registered qualified
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0007|     electors of the territory within the village, community,
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0008|     neighborhood or district requesting the designation.  The
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0009|     number of registered qualified electors shall be based on
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0010|     county records as of the date of the last general election.
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0011|               E.  Any village, community, neighborhood or district
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0012|     that is declared a traditional historic village shall be
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0013|     excluded from the extraterritorial zone and extraterritorial
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0014|     zoning authority of any municipality whose extraterritorial
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0015|     zoning authority extends to include all or a portion of the
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0016|     traditional historic community and shall be subject to the
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0017|     zoning jurisdiction of the county in which the greatest portion
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0018|     of the traditional historic community lies."
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0019|                                  
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