The regulations of this Zoning Ordinance shall be officially known and cited as the "Zoning Ordinance of the City of Carlsbad, New Mexico," although it may also be referred to as the "Zoning Ordinance," or "this code."

(Ord. No. 2011-15, 10-11-11)

(a)

Enabling authority. This code is adopted pursuant to the enabling authority contained in New Mexico Statutes Annotated, 1978, including, but not limited to NMSA 1978, § 3-17-1, et seq.; NMSA 1978, § 3-18-7; NMSA 1978, § 3-19-1, et seq.; NMSA 1978, § 3-20-1, et seq.; NMSA 1978, § 3-21-1, et seq.; NMSA 1978, § 3-21A-1, et seq.; NMSA 1978, § 3-22-1, et seq.; and NMSA 1978, § 3-41-1, et seq. In enacting this code, the city intends to follow the provisions of existing state law on the same subject so far as possible for the convenience of the public and for the better administration of the law.

(b)

Changes to enabling authority. Whenever any provision of this code refers to or cites a section of the New Mexico Statutes Annotated and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 2011-15, 10-11-11)

The Zoning Ordinance of the City of Carlsbad, New Mexico, is a comprehensive, unified set of regulations which govern the development of land and the use of land. Its purpose is to create orderly, harmonious, and economically sound development and to promote and protect the public health, safety, peace, comfort, convenience and the general welfare. The Zoning Ordinance of the City of Carlsbad, New Mexico, is also, adopted for the following particular purposes:

(a)

Implement comprehensive plan. To implement the goals and policies of the comprehensive plan of the City of Carlsbad, as amended from time to time, as well as other goals and policies adopted by the city council related to growth and development.

(b)

Community enhancement. To protect and improve the established community character of the City of Carlsbad and the social and economic stability of the existing residential, commercial and other land uses within the city.

(c)

Community development. To promote good planning practice and to provide a regulatory mechanism that includes appropriate performance standards for development within the city.

(d)

Mitigate adverse impacts. To prevent the adverse impacts of development on the availability of water, water quality, waste water disposal, infrastructure, roads and transportation, erosion, floodplains and steep slopes in critical areas of the city.

(e)

Improve efficiency. To encourage a more efficient use of land, infrastructure and public services and to reflect changes in technology of land development.

(f)

Community welfare. To promote land development practices that will otherwise promote the public health, safety, peace, comfort, convenience and the general welfare and to restrict development that is injurious or detrimental.

(g)

Reduce sprawl. To reduce sprawling development that results in the inefficient use of existing infrastructure and irreplaceable natural resources.

(h)

Encourage infill. To encourage the development or redevelopment of lots within the city and to support the efficient use of land, existing infrastructure, city services and other resources.

(Ord. No. 2011-15, 10-11-11)

It is the intention of the city council that this code implements the planning policies as reflected in the comprehensive plan and other planning documents. While the council reaffirms its commitment that this code and any amendments should be in conformity with adopted planning policies, the council also, expresses its intent that neither this code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning documents.

(Ord. No. 2011-15, 10-11-11)

This code applies to all land, structures and buildings within the incorporated limits of the City of Carlsbad. This code may not be applicable to federal activities on federally owned lands, where either the federal government has retained from the time of statehood or subsequently obtained the right to legislate in relation to such lands or the State of New Mexico has ceded such jurisdiction to legislate back to the United States on such lands. This code also, may not be applicable to state activities or development on state-owned lands. However, private activities or development for private purposes on such lands shall be subject to this code.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)

(a)

Location of zoning districts. The official zoning map designates the location and boundaries of the various zoning districts within the City of Carlsbad and is incorporated herein by reference. The official zoning map shall be kept on file in the office of the city clerk and available for public inspection during normal business hours.

(b)

Delineation of changes. The city administrator or his or her designee shall delineate all amendments and changes to the official zoning map on the official zoning map.

(c)

Availability of copies. Copies of the official zoning map and this code shall be available for purchase for a reasonable copying fee established by the city council.

(Ord. No. 2011-15, 10-11-11)

The regulations of this code are held to include the minimum standards necessary to carry out the purposes of this code. More stringent provisions may be required if it is demonstrated that different standards are necessary to protect the public health, safety and general welfare. This code is not intended to interfere with, abrogate or annul any valid ordinance or covenant, easement or other agreement. All structures and uses shall comply with all applicable ordinances, laws, rules, regulations, codes, and policies. Where the provisions of this code impose greater restrictions, the provisions of this code shall control.

(Ord. No. 2011-15, 10-11-11)

(a)

Conformance. Except as described in article VI (non-conformities), no person may use or occupy any land or structures, or authorize or permit the use or occupancy of land or structures under his or her control except in conformance with all of the applicable provisions of this code. The burden of proof shall rest with the applicant in all proceedings required by this code. For purposes of this section, the "use" or "occupancy" of a structure or land relates to anything and everything that is done to, on, or in a structure and/or land.

(b)

Prior approval. No structure shall be erected, reconstructed, structurally altered, enlarged, moved, used, or designated to be used, in a zone district for any use other than those permitted in the zone district in which such structure is located, without securing all permits and licenses required by applicable ordinances, laws, rules, regulations, codes, and policies.

(c)

Grandfather provision. Uses, structures, or lots, existing at the time of the adoption of this code, but which are non-conforming with this code, may continue as permitted in article VI, below.

(Ord. No. 2011-15, 10-11-11)

Unless otherwise specifically provided, in computing any period of time prescribed or allowed by this code, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a city holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or city holiday.

(Ord. No. 2011-15, 10-11-11)

This code shall not be construed as abating any action now pending under prior regulations. This code shall not be construed as abating, altering, discontinuing or modifying any penalty accruing or about to accrue, or as affecting the liability of any person, or as waiving any right of the municipality under any section or provision existing at the time of adoption of this code. This code shall not be construed as vacating or annulling any rights obtained by any person by lawful action of the municipality except as shall be expressly provided for in this code.

(Ord. No. 2011-15, 10-11-11)

Upon the adoption of this code according to law, chapter 56, Zoning, of the Code of Ordinances of the City of Carlsbad, is repealed, except as to those sections expressly retained in this code.

(Ord. No. 2011-15, 10-11-11)

It is the legislative intent of the city council in adopting this code that all provisions shall be liberally construed to protect and preserve the public peace, health, safety, comfort, convenience and the general welfare of the inhabitants of the city. If any section, subsection, sentence, clause or phrase of this code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this code.

(Ord. No. 2011-15, 10-11-11)

The provisions of this code were originally passed, adopted and approved by the city council on October 11, 2011 (Ord. 2011-15) and became effective on October 21, 2011, five days after it was published as required by law and as amended from time to time.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)