This title, including the official map, shall be known as the COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF HATCH, NEW MEXICO and shall be referred to elsewhere as "this title". (Ord. 256 art. I § 1, 1993)

The purpose of this title is to encourage appropriate use of land and to promote the health, safety and general welfare of the community within the village. (Ord. 256 art. I § 2, 1993)

The regulations within this title have been made in accordance with a current comprehensive plan and are deemed necessary to regulate and restrict the following:

   A.   Height, number of stories and size of buildings and other structures;

   B.   Percentage of a lot that may be occupied;

   C.   Size of yards, courts and other open space;

   D.   Density of the population; and

   E.   Location and use of buildings, structures, signs and land for residence, trade, industry or other purposes. (Ord. 256 art. I § 2A, 1993)

For said purposes, the governing body of the village shall:

   A.   Divide the area under its jurisdiction into districts of such number, shape, area and form as is necessary to protect the health, safety and welfare of the community;

   B.   Show the aforementioned districts on a map entitled the "official zoning district map" of the village of Hatch, New Mexico, which is attached to the ordinance codified in this title and is on file in the office of the village clerk;

   C.   Regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of building within each district, but regulation may differ between districts;

   D.   Provide for the administration and interpretation of such regulations; and

   E.   Provide for the manner in which zoning regulations, restrictions, and boundaries of districts are determined, established, enforced, amended, supplemented and repealed. (Ord. 256 art. I § 2B, 1993)

This title is created and adopted pursuant to the authority set forth in the New Mexico state statutes 1978, sections 3-21-1 and 3-21-5, as amended, and shall be applicable to all property within the village, except for state and federal land being used for public purposes. (Ord. 256 art. I § 3, 1993)

The ordinance codified in this title repeals and supersedes the village of Hatch municipal zoning ordinance, ordinance 234, adopted January 22, 1990. Further, the ordinance codified in this title repeals and supersedes any other resolution or ordinance previously adopted by the village trustees which resolution or ordinance permitted the activities or uses governed by this title. (Ord. 256 art. I § 4, 1993)

If any article, section, paragraph, sentence, phrase or part hereof is declared unconstitutional or invalid, the remaining portions shall not be affected. (Ord. 256 art. I § 5, 1993)

   A.   Interpretation Of District Boundaries: Where uncertainty exists concerning the boundaries of any district shown on the official zoning district map, the following rules shall apply:

      1.   Boundaries shall be construed as the centerline of existing, future or vacated streets, highways, railroads, alleys, drainage or irrigation canals, or other public rights of way.

      2.   Where property has been subdivided into block and lot, the boundaries shall be construed to be the lot lines.

      3.   Where property is not otherwise designated, divided or subdivided, the boundary line shall be determined by the scaled distance shown on the official zoning district map.

      4.   In cases where property has not been specifically included within a zone, or where territory has become part of the village through annexation, these areas shall be given a zoning classification by the governing body after recommendation by the planning and zoning commission.

   B.   Interpretation Of Meaning: The village codes enforcement officer shall initially interpret the meaning of this title. Disagreement with an interpretation of the village codes enforcement officer may be appealed to the village planning and zoning commission. Disagreement with an interpretation of the planning and zoning commission may be appealed to the governing body.

   C.   Local Conflict: Where the provisions of any local ordinance, regulation or covenant imposes greater restrictions than those of this title, the provisions of such document shall prevail.

   D.   Federal And State Conflict: Any provisions of U.S. or New Mexico state law, which impose a greater duty, standard or requirement than those contained herein shall supersede the provisions of this title.

   E.   Conflict Within This Zoning Title: When two (2) or more provisions of this title are in conflict, the most restrictive provision shall apply.

   F.   Access To The Zoning Ordinance: This zoning ordinance and the official zoning district map shall be filed with the village clerk and shall be available for examination by any citizen. (Ord. 256 art. I § 6, 1993)

Any portion or all of this title can be amended, supplemented or repealed.

   A.   Review By The Planning And Zoning Commission And Governing Body: All proposed amendments must be reviewed by the planning and zoning commission, which shall make recommendations to the governing body. At a minimum this title shall be reviewed and evaluated by the planning and zoning commission every five (5) years beginning from the effective date of the ordinance codified in this title. Recommendations for approval of amendments to this title must be approved by a majority vote of the planning and zoning commission.

   B.   Final Authority Resides In The Governing Body: The governing body has final authority over the recommended action. Adoption of amendment to this title must be approved by a majority vote of the governing body.

   C.   Public Hearing Required: The planning and zoning commission shall review any proposed changes or supplements to this title and make its recommendations to the governing body. Before the governing body can act on any proposed changes or supplements to this title, the governing body must conduct a public hearing. Notice of the time and location of the public hearing shall be published in a newspaper of general circulation in the Hatch area at least ten (10) days prior to date of the hearing. In applications for zoning changes, whenever a change in zoning is proposed for an area of one block or less, notice of the hearing shall be sent by certified mail, return receipt requested, to the owners of lots or land within one hundred feet (100') of the lot that zone change is requested for. (Ord. 282, 1996: Ord. 256 art. I § 7, 1993)

The zoning districts in this title are exclusive. The permitted and conditional uses listed in each district are unique to that district and are not applicable to any other district except as may be specifically stated within this title. (Ord. 256 art. III, 1993)

   A.   It shall be a violation of this title for any person, firm, or corporation to neglect, refuse to comply with, or resist the enforcement of any provision of this title or any requirements pursuant thereto, or in any way use, change, or construct a building or structure in nonconformance without zoning approval. Each day that such violation exists shall constitute a separate offense.

   B.   The municipal court shall impose a fine for each violation. The fine shall be no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00) for each day the violation is found to have occurred. Penalties shall be assessed for each day of violation after the date of notification of the violation by code enforcement officials. In addition to any fines thus imposed, the municipal court is authorized to issue orders to remove the structures or take other actions to abate, remove or bring into compliance any violation of this title. Code enforcement officials shall notify the landowner of record, as determined by reference to the real property tax records maintained by the county tax assessor. Notice shall be by letter sent registered mail to the landowner of record. Letters sent by registered mail shall be deemed received five (5) days after mailing.

Failure to comply with such orders or judgments of the municipal court, including failure to pay fines previously imposed, shall constitute contempt of court and may be separately punished at the discretion of the municipal court.

   C.   Violations of this title shall be brought into compliance, abated, removed, or taken to municipal court for judgment. In all cases where the court rules to allow a structure to remain in nonconformance with this title, there shall be a pro forma action by the governing body permitting such use. Such action shall be consistent with the court's ruling, and thereafter said use shall be considered a legal nonconforming use and shall be subject to the relevant provisions of this code.

   D.   Nothing herein shall limit the village from seeking other remedies at law or equity to enforce this zoning ordinance. (Ord. 298, 2000)