2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 21 - Zoning Regulations
Section 3-21-21 - Powers of the commission.

A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict:

(1) the height, number of stories and size of buildings and other structures;

(2) the percentage of a lot that may be occupied;

(3) the size of yards, courts and other open spaces;

(4) the density of populations;

(5) the location and use of buildings and structures; and

(6) the use of lands for trade, industry, residence or other purposes.

B. The commission shall adopt a comprehensive zoning plan or ordinance for the district that includes a master land use plan.

History: 1953 Comp., § 14-20-19, enacted by Laws 1965, ch. 206, § 7; 1993, ch. 264, § 2.

The 1993 amendment, effective June 18, 1993, added the present subsection designation A; substituted the paragraph designations (1) through (6) for the former designations A through F; in Subsection A, added the language beginning "as part" and ending "by law"; and added Subsection B.

Change of zoning. — Zoning amendments adopted by a special zoning district commission which changed the zoning of two tracts of land from commercial neighborhood and apartment to commercial did not conflict with the county and adjoining municipal master plan or exceed the commission's zoning authority and did not constitute spot zoning. City of Albuquerque v. Paradise Hills Special Zoning Dist. Comm'n, 1983-NMSC-039, 99 N.M. 630, P.2d 1329.

Law reviews. — For article, "Rural Development Considerations for Growth Management," see 43 Nat. Resources J. 781 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Zoning: residential off-street parking requirements, 71 A.L.R.4th 529.

Validity and construction of zoning laws setting minimum requirements for floorspace or cubic footage inside residence, 87 A.L.R.4th 294.