In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by these provisions to interfere with, abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of the zoning regulations, or which shall be adopted or issued pursuant to law relating to the uses of buildings or premises, and likewise not in conflict with the zoning regulations; nor is it intended by these regulations to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if the zoning regulations impose a greater restriction, the zoning regulations shall control.

(Code 1960, § 11-15-1; Ord. No. 306, 11-8-60; Ord. No. 1234, § 1, 3-22-05)

Cross reference— Administration, ch. 2; airport zoning regulations, § 4-07-010 et seq.; building and building regulations, ch. 8; fire prevention and protection, ch. 12; flood damage prevention regulations, ch. 13; licenses and miscellaneous business regulations, ch. 17; parks, playgrounds and recreation, ch. 19; streets, sidewalks and public places, ch. 21; subdivision regulations, ch. 22; traffic, ch. 24; trailers, mobile homes and recreational vehicles, ch. 25; water, sewers and sewage disposal, ch. 28.

(a)

Petition for amendment. From time to time, the city, after public notice and hearing, may amend the zoning regulations and established districts. Amendment may be initiated by motion of the city commission; by petition of the owner or owners of the property to be affected; or by petition of one (1) or more agents, designated in an acknowledged power of attorney, of the owner or owners of the property to be affected. Every such proposed amendment shall be considered by the planning and zoning commission before being considered by the city commission.

(b)

Notice and public hearing. A public hearing shall be held for each proposed amendment to the zoning districts. At least fifteen (15) days' notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the city. Notice of the public hearing shall also be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county treasurer, of land within the area to be rezoned and of land within two hundred (200) feet of the area to be rezoned. Streets, alleys and other public rights-of-way shall be excluded in calculating the protest area.

(c)

Extraordinary majority vote required. An affirmative vote by a majority of all the members of the city commission shall be required to pass an amendment to any zoning district under the following circumstances:

(1)

If the planning and zoning commission has voted to recommend the denial of the rezoning;

(2)

If written protest, signed by owners of twenty (20) percent of the land (exclusive of streets, alleys and other public rights-of-way) in the area to be rezoned, is filed against the proposal; or

(3)

If written protest, signed by owners of twenty (20) percent of the land (exclusive of streets, alleys and other public rights-of-way) within two hundred (200) feet of the area to be rezoned, is filed against the proposal.

(Code 1960, § 11-15-2; Ord. No. 548, 9-4-76; Ord. No. 781, 2-13-90; Ord. 864 § 1; Ord. No. 1234, § 1, 3-22-05)

All territory which may hereafter be annexed to the city shall be subject to all of the regulations for the "R-1" Single-Family Dwelling District, until otherwise changed by an amendment to this Code, or unless such territory has previously been rezoned, or until such time as said territory may be rezoned in accordance with the procedure established by this chapter.

(Code 1960, § 11-15-3; Ord. No. 1234, § 1, 3-22-05)

In addition to any application fee required by section 2-01-030(h) of this Code, the property owner or person making the application shall reimburse the city for any and all costs associated with publications and required notifications In addition to the application fee, the applicant shall be required to post a deposit, established by the city manager, at the time of application. Should the cost of publication and notification exceed the amount of the deposit the applicant shall pay the difference prior to commission action on the requested change. Failure of the applicant to pay the difference shall result in the delay of processing the application. Should the cost of publication and notification be less than the deposit, the city shall refund to the applicant the difference between the deposit and the costs of publication and notice within thirty (30) days.

(Ord. No. 1358, 7-14-09)

All areas within the city limits of the city not within any zoning district as set forth in this chapter, shall be deemed and considered as being within and a part of Class "R-1" Single-Family Dwelling District; provided, however, that in the event the board of commissioners has previously approved a zoning classification other than Class "R-1" Single-Family Dwelling District for any lot or tract of land located within any of such previously unzoned area, then said lots shall be deemed and considered to be zoned for the zoning class for which they have been approved.

(Code 1960, § 11-15-5; Ord. No. 306, 11-8-60; Ord. No. 1234, § 1, 3-22-05)

(a)

Conditional zoning allowed. If deemed necessary, the city commission may approve an application for rezoning subject to reasonable conditions related to use of the property. If the planning commission recommends to the city commission that conditions be attached to the rezoning, the planning commission must specify reasons for the conditions.

(b)

Ordinance. Where conditional zoning is approved by the city commission, the rezoning ordinance shall reflect all conditions under which the zoning was granted.

(c)

Reversion of conditional zoning. If conditional zoning is contingent on the existence of a particular condition and that condition ceases to exist, or if the zoning was granted until an event occurs and the event does occur, the city may initiate action to restore the zoning status to the property's prior zoning classification.

(d)

Public hearing. No conditionally zoned property shall be restored to its prior zoning classification until a hearing before the city commission has been held to determine whether the conditions of zoning still exist. If the city commission determines that the conditions no longer exist, the zoning shall revert to the parcel's prior zoning classification.

(Code 1960, § 11-15-7; Ord. No. 306, 11-8-60; Ord. No. 754, 4-25-89; Ord. No. 1234, § 1, 3-22-05)

(a)

Definition. A variance is a dispensation permitted by the City of Alamogordo of the dimensional regulations of the "Code of Ordinances of the City of Alamogordo, New Mexico," where:

(1)

Such action will not be materially detrimental to the public interest; and

(2)

Such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and

(3)

Such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.

(b)

Authority. The city, after public notice and hearing, may approve variances to the provisions of the Code of Ordinances of the City of Alamogordo, New Mexico. Variances may be initiated by motion of the city commission; by petition of the owner or owners of the property to be affected; by petition of the owner or owners of the majority of the property to be affected; or by petition of one or more agents of the owner or owners of the property for which the variance is requested. Every such proposed variance should be considered by the city commission. In granting variances, the city commission may require such conditions as will, in its judgement, secure substantially the objectives of the regulations varied.

(c)

Notice and public hearing. A public hearing shall be held for each proposed variance. At least fifteen (15) days' notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the city. Notice of the public hearing shall also be mailed by first class mail to the owners, as shown by the records of the county treasurer, of land within the area for which the variance is requested and of land within two hundred (200) feet of the area for which the variance is requested exclusive of streets, alleys and other public rights-of-way.

(d)

Submission requirements. The applicant is required to submit to the city the following:

(1)

Completed application form together with support documentation; and

(2)

Applicable fees in accordance with section 2-01-030(h) of this Code.

(Ord. No. 838, § 1, 11-12-91; Ord. No. 953, § 1, 7-11-95; Ord. No. 1234, § 1, 3-22-05)

(a)

Eligibility. The administrative variance procedure may be used provided that:

(1)

The requested variance does not exceed twenty-five (25) percent of the basic standard;

(2)

All owners of subject property sign the application;

(3)

The granting of the requested variance is not detrimental to the surrounding properties or in conflict with any other codes;

(4)

The property to be affected by the proposed variance is a lot in a previously platted and approved subdivision or the entire parcel of record.

(b)

Submission requirements. The applicant is required to submit to the city the following:

(1)

Completed application form together with support documentation; and

(2)

Applicable fees in accordance with section 2-01-030(h) of this Code.

(c)

Procedure.

(1)

Within two (2) weeks of receiving the application and all required materials, the planning division will make an initial determination of eligibility for administrative approval. If the proposal is ineligible, the planning division will promptly notify the applicant that the full variance procedure is required. If the proposal is facially eligible for administrative approval, the planning division will publish notice of the proposal in a newspaper of general circulation in the city. Notice of the proposed variance shall also be mailed by first class mail to the owners, as shown by the records of the county treasurer, of land within the area for which the variance is requested and of land within two hundred (200) feet of the area for which the variance is requested exclusive of streets, alleys and other public rights-of-way.

(2)

At least seven (7) days after publication and notification, if no protests are received from adjacent or abutting property owners or if total protests equal less than ten (10) percent of the land within the protest area, the planning division will forward the proposal to the city manager with staff comments and recommendations. Within two (2) weeks of receiving the application, the city manager will determine whether the variance is approved or should be diverted to the city commission for public hearing.

(3)

Should the city manager direct the variance application to the city commission for public hearing, the planning division shall notify the applicant and place the item on the next available city commission agenda, after publication and notification. The applicant will then be required to reimburse the city for the cost of republication and re-notification of the proposed action.

(4)

If the city manager approves the administrative variance, he shall sign the application signing approval by the city, may require such conditions as will, in his judgment, secure substantially the objectives of the regulations varied and shall forward it to the city clerk for filing with the county clerk, in accordance with standard city procedures. The city manager will advise the city commission, in writing, of all administrative variances granted and any conditions imposed. If the applicant disagrees with the conditions set by the city manager the applicant may appeal to the city commission.

(5)

If protests are received from adjacent or abutting property owners or total ten (10) percent or more of the land within the protest area, the variance application shall be referred to the city commission for public hearing. The applicant will then be required to reimburse the city for the cost of re-publication and re-notification of the proposed action.

(d)

Reservations. By providing for the administrative variance procedure, the city does not waive its rights to require the applicant to satisfy the city's usual requirements for variance approval including, but not limited to, the following:

(1)

Provisions for adequately addressing anticipated drainage problems or unstable soil conditions; and/or

(2)

Requirements for waiver of protest agreements and avigation easements.

Such requirements may be addressed as a condition of administrative variance approval, if practicable. If agreement is not reached, either the city manager or the applicant may require that the application be placed on the next available city commission agenda.

(Ord. No. 838, § 2, 11-12-91; Ord. No. 953, § 2, 7-11-95; Ord. No. 989, § 1, 8-26-96; Ord. No. 1234, § 1, 3-22-05)

Roller skating, skateboarding, the use of in-line skates or bicycles is prohibited on sidewalks in the Historic Downtown Alamogordo on New York Avenue from 8 ^th Street to 12 ^th Street.

(Ord. No. 1531, § 1, 12-6-16)

A farmer's market is hereby allowed in the city due to its benefits to the city and the health and welfare of its citizens.

The city manager is authorized and charged with the responsibility for:

(1)

Establishing the location of the farmer's market in the city parks.

(2)

Establishing the location of display and sales areas.

a.

The city manager or designated representative is authorized and directed to establish space limitations for the farmer's market and rules for display facilities, set up, signs, sales and cleanup, which will be incorporated in, and attached to each permit.

(3)

Classifying such areas with relation to the kinds of produce, commodities and crafts displayed:

a.

Display and sales shall be restricted to locally grown agricultural products, including fruits, vegetables, nuts, plants, eggs, honey, and home food preparations limited to baked goods produced or prepared by the seller, including cream or "soft" pies sealed to prevent contamination and approved for sale by the state environmental protection agency.

The fee for a farmer's market permit shall be seventy dollars ($70.00) per year, which said permit shall be obtained from the city clerk's office prior to display and sale. All other parks policies shall apply.

(Ord. No. 1531, § 2, 12-6-16)

The market shall be available for not more than three (3) days per week from April 15 through November 30 of each calendar year.

(Ord. No. 1531, § 3, 12-6-16)

(a)

Food and drink concessions and sales for on-premises consumption.

(b)

Amplified speakers and yelling.

(c)

Blockage of ingress and egress to market areas.

(Ord. No. 1531, § 4, 12-6-16)

(a)

Purpose and intent. It is the purpose and intent of these temporary use regulations to establish procedures for permitting certain types of temporary activities. The intent is to prevent the creation of any nuisance or annoyance to the occupants of or visitors to adjacent buildings or premises while avoiding lengthy or costly approval procedures.

(b)

Special event definition. A special event includes but is not limited to carnivals, circuses, fairs, festivals, animal displays, amusement rides, flea markets (not inside a permanent structure), special events promoting local agricultural products, arts and crafts markets, promotions, Christmas tree sales, retail sale of fireworks, special sales events, auto sales events, neighborhood parties, and similar public assemblies on public or private property.

(c)

Temporary activity structure definition. Temporary activity structures are those structures, facilities, or uses that occur on a seasonal or sporadic basis and involve the processing and/or sale of commodities, or are needed in conjunction with a special event.

(d)

Issuance. A special event permit may be issued to authorize a special event within all zoning districts of the city.

(1)

Eligibility. A special event permit may be administratively issued if:

a.

The requested special event does not exceed a total of ten (10) days (to include set-up and dismantling);

(2)

Submission requirements: Thirty (30) days prior to the event, the applicant shall submit:

a.

An application.

b.

Applicable fees.

(3)

Street closure. Any event that requires street closures must apply for a separate permit and pay applicable fees. Permits shall be granted by the city manager when deemed to be in the interest of public safely.

(4)

Procedure:

a.

At least seven (7) days after approval of the permit, the permit shall be publically posted by the city.

b.

If the city manager approves the administrative special event permit, s/he shall sign the application for the city. The city manager may require such additional conditions as well, in his/her judgment, secure substantially the objectives of the district regulations.

(e)

Permit for a temporary activity structure. A permit for a temporary activity structure may be issued to authorize a temporary activity structure, such as stands, tents, canopies and other similar structures, to be located within all zoning districts of the city.

(1)

Exemptions. The following do not require a permit for a temporary activity structure:

a.

Any trailer, mobile housing unit or recreational vehicle as defined in Section 25-01-010 of this Code;

b.

An accessory structure used solely for storage which lacks indoor plumbing but which otherwise complies with the New Mexico Building Code;

c.

A structure erected on property owned by the city, including the county fairgrounds;

d.

A structure used as a construction office at a site where construction work is being carried on;

e.

A structure which complies with the New Mexico Commercial Building Code, except for attachment to a foundation, used for instruction at a school.

(2)

Submission requirements. The applicant is required to submit to the city the following:

a.

Completed application form together with support documentation; and

b.

Applicable fees in accordance with section 2-01-030(i) of this Code.

(3)

Prior determinations for temporary activity structure permit approval. The city manager shall only approve an application for a temporary activity structure permit, if all of the following findings can be made:

a.

The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.

b.

Increased traffic caused by the temporary activity structure will not adversely affect the surrounding neighborhood or city at large.

c.

The proposed temporary activity structure is consistent with all city regulations and codes.

d.

The city manager may impose such conditions on a temporary activity structure as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare.

(f)

Appeal of administrative review decision. Any person who is dissatisfied with the decision of the city manager may appeal that decision to the city commission.

If the applicant disagrees with the conditions set by the city manager, the applicant may appeal to the city commission.

(Ord. No. 1531, § 5, 12-6-16; Ord. No. 1644, 2-8-22)

Editor's note— Ord. No. 1649, adopted May 10, 2022, repealed §§ 29-01-100 and 29-01-110 which pertained to the White Sands beautification district and committee and derived from Ord. No. 1532, §§ 1, 2, adopted December 6, 2016; and Ord. No. 1559, §§ 1, 2, adopted April 3, 2017.