New Mexico 2025 Regular Session

New Mexico Senate Bill SB310 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 310
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Antonio Maestas
32	32	AN ACT
33	33	RELATING TO ZONING; ELIMINATING BUILDING HEIGHT RESTRICTIONS
34	34	EXCEPT IN HISTORIC DISTRICTS; ALLOWING DEVELOPMENT OF DUPLEXES
35	35	AND TOWNHOUSES EXCEPT IN HISTORIC DISTRICTS; ALLOWING SMALL-
36	36	SCALE COMMERCIAL USES IN RESIDENTIAL ZONES.
37	37	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
38	38	SECTION 1. Section 3-21-1 NMSA 1978 (being Laws 1965,
39	39	Chapter 300, Section 14-20-1, as amended) is amended to read:
40	40	"3-21-1. ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--
41	41	A. Except as provided in this section, a zoning
42	42	authority shall:
43	43	(1) eliminate restrictions on building height
44	44	except for historic districts;
45	45	(2) not restrict duplexes or townhouses in
46	46	residential zones except for historic districts; and
47	47	.229739.2 underscored material = new
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74	74	(3) allow development for small-scale
75	75	commercial uses in residential zones that provide neighborhood-
76	76	scale convenience shopping, food, beverages, indoor
77	77	entertainment and professional offices; provided that uses
78	78	comply with local rules governing traffic and noise.
79	79	B. The provisions of Subsection A of this section
80	80	do not apply to traditional historic communities.
81	81	[A.] C. For the purpose of promoting health,
82	82	safety, morals or the general welfare, a county or municipality
83	83	is a zoning authority and may regulate and restrict within its
84	84	jurisdiction the:
85	85	(1) [height] number of stories and size of
86	86	buildings and other structures;
87	87	(2) percentage of a lot that may be occupied;
88	88	(3) size of yards, courts and other open
89	89	space;
90	90	(4) density of population; and
91	91	(5) location and use of buildings, structures
92	92	and land for trade, industry, residence or other purposes.
93	93	[B.] D. The county or municipal zoning authority
94	94	may:
95	95	(1) divide the territory under its
96	96	jurisdiction into districts of such number, shape, area and
97	97	form as is necessary to carry out the purposes of Sections
98	98	3-21-1 through 3-21-14 NMSA 1978; and
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127	127	(2) within the limitations enumerated in
128	128	Subsection A of this section , regulate or restrict the
129	129	erection, construction, reconstruction, alteration, repair or
130	130	use of buildings, structures or land in each district. All
131	131	such regulations shall be uniform for each class or kind of
132	132	buildings within each district, but regulation in one district
133	133	may differ from regulation in another district.
134	134	[C. All] E. State-licensed or state-operated
135	135	community residences for persons with a mental or developmental
136	136	disability and serving ten or fewer persons may be considered a
137	137	residential use of property for purposes of zoning and may be
138	138	permitted use in all districts in which residential uses are
139	139	permitted generally, including particularly residential zones
140	140	for single-family dwellings.
141	141	[D.] F. A board of county commissioners of the
142	142	county in which the greatest amount of the territory of the
143	143	petitioning village, community, neighborhood or district lies
144	144	may declare by ordinance that a village, community,
145	145	neighborhood or district is a "traditional historic community"
146	146	upon petition by twenty-five percent or more of the qualified
147	147	electors of the territory within the village, community,
148	148	neighborhood or district requesting the designation. The
149	149	number of qualified electors shall be based on county records
150	150	as of the date of the last general election.
151	151	[E. Any] G. A village, community, neighborhood or
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180	180	district that is declared a traditional historic community
181	181	shall be excluded from the extraterritorial zone and
182	182	extraterritorial zoning authority of [any ] a municipality whose
183	183	extraterritorial zoning authority extends to include all or a
184	184	portion of the traditional historic community and shall be
185	185	subject to the zoning jurisdiction of the county in which the
186	186	greatest portion of the traditional historic community lies.
187	187	[F.] H. Zoning authorities, including zoning
188	188	authorities of home rule municipalities, shall accommodate
189	189	multigenerational housing by creating a mechanism to allow up
190	190	to two kitchens within a single-family zoning district, such as
191	191	conditional use permits.
192	192	[G.] I. For the purpose of this section,
193	193	"multigenerational" means any number of persons related by
194	194	blood, common ancestry, marriage, guardianship or adoption."
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