For the purposes related to the orderly development of the City of Portales and in order to carry out the provisions of this Ordinance, the City is hereby divided into ten (10) zones, known as follows:

(Ord. No. 607, § I, 6-16-98; Ord. No. 666, § 1, 7-3-07)

The location and boundaries of the various zones as hereafter determined shall be shown as delineated on the "Official Zoning Map" of the City, which shall, upon its final adoption, be made a part of this Ordinance, and said map and all notations and information shown thereon shall thereafter be as much a part of this Ordinance as if all the matters and information set forth on said map were fully described herein. The Official Zoning Map shall be identified by the signature of the Mayor Attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Ordinance No. [387] of the City of Portales, New Mexico," together with the date of adoption of this Ordinance.

Where uncertainty exists as to the boundaries of any zone shown on the "Official Zoning Map," the following rules shall apply:

(a)

Wherever such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(b)

In the case of unsubdivided property, and where a zone boundary divides a lot or parcel, the location of such boundaries, unless precisely indicated on the Official Zoning Map by dimensions, shall be determined by the use of the scale appearing on said Zoning Map.

(c)

In the event that a public street, alley, or right of way, or any easement is vacated or abandoned, the area comprising such vacated street or alley shall acquire the same zone classification as the property to which it reverts.

(d)

Should dispute arise or uncertainty exist as to the boundaries between the various zones, the Commission shall, by written decision, determine the location of the zone boundaries.

The original of said Official Zoning Map shall be kept on file in the office of the City Clerk and shall constitute the original record.

All amendments to and changes in the Official Zoning Map shall be recorded by the City Clerk not later than twenty-four (24) hours after such amendment becomes effective. All amendments to and changes in the Official Zoning Map shall be recorded at the end of each fiscal year upon a new copy of the Official Zoning Map. No changes shall be made upon the Official Zoning Map that have not been made in regular form by the City Council of the City of Portales.

All new construction, building, improvements, alterations, enlargements, or building movement undertaken after the effective date of this Ordinance; and all new uses or occupancy of premises within the City shall conform with the requirements, character, and conditions as to use, height, area, and yard requirements laid down for each of these several zones as described in the following sections of this Ordinance. It shall be unlawful for any person to design, erect, construct, establish, move into, alter, enlarge, or use, or to cause or permit to be executed, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zoning district described in this Ordinance contrary to the provisions of this Ordinance.

All zones established in this Ordinance shall be only for those uses prescribed in the section dealing with said zones and for such other uses as the City Council, after review by the Planning Commission, may determine to be similar.

When a use is not specifically listed in the section devoted to "USES PERMITTED" it shall be assumed that such uses are hereby expressly prohibited unless a written decision by the City Council determines that said use is similar to and not more objectionable than the uses already listed.

Except as hereafter in this Ordinance provided, no yard or other open space provided about any building or structure for the purpose of complying with these regulations shall be considered as providing a yard or open space for any other building or structure on the same property or on contiguous properties.

In every case where property has not been specifically included within a zone or where territory has become a part of the City of Portales by annexation subsequent to the adoption of this Ordinance, the same shall automatically be classed as lying in R-1A zones until such classification shall have been changed by an amendment to the Official Zoning Map as provided in Article X of this Ordinance.

(Ord. No. 666, § 1, 7-3-07)

Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a valid building permit has heretofore been issued and upon which actual construction has begun at the effective date of this Ordinance, or any amendment thereof, provided that such construction and/or proposed use of such building is not on said date in violation of any other Ordinance or law and further provided that such building or structure is completed within one year of such date. Actual construction is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.