The regulations of this Land Use Code shall be officially known and cited as the "Land Use and Zoning Code of 2010," although it may be referred to as the "zoning ordinance," or "this Code."

1.2.1 This Land Use Code is adopted pursuant to the enabling authority contained in New Mexico Statutes Annotated, 1978 and specifically NMSA 1978, §§ 3-17-1 through 3-17-6, § 3-18-7; NMSA 1978, §§ 3-19-1 through 3-19-12; NMSA 1978, §§ 3-20-1 through 3-20-16; NMSA 1978, §§ 3-21-1 through 3-21-26; NMSA 1978, §§ 3-21A-1 through 3-21A-8; NMSA 1978, §§ 3-22-1 through 3-22-5; and NMSA 1978, §§ 3-41-1 through 3-41-5; and the Town of Silver City's Charter.

1.2.2 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of this Code refers to or cites a section of the New Mexico Statutes Annotated and that section is later amended or superseded, the Land Use Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The purpose of the Town of Silver City Land Use Code is to promote and protect the public health, safety, peace, comfort and general welfare while allowing for cost saving efficiencies. The Town of Silver City Land Use Code is a comprehensive, unified set of regulations which govern the subdivision of land, the development of land and the use of land. The Town of Silver City Land Use Code is adopted for the following particular purposes:

1.3.1 To implement the goals and policies of the Comprehensive Plan of the Town of Silver City, approved and adopted by the Town Council in 2017, as amended from time to time; as well as other goals and policies adopted by the Town Council related to growth and development.

1.3.2 To protect and improve the established community character of the Town of Silver City and the social and economic stability of the existing residential, commercial and other land uses within the Town.

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

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

1.3.5 To encourage a more efficient use of land and public services and to reflect changes in technology of land development.

1.3.6 To promote safe and efficient transportation facilities for motor vehicles, bicycles and pedestrians.

1.3.7 To promote alternative land development practices that will otherwise promote the public health, safety and general welfare.

1.3.8 To reduce sprawling development that results in the inefficient use of irreplaceable natural energy resources.

(Ord. No. 1276, 2-26-2019)

It is the intention of the Town Council that this Land Use Code implement the planning policies adopted by the Council for the Town of Silver City, as reflected in the Comprehensive Plan and other planning documents. While the Council reaffirms its commitment that this Land Use Code and any amendments to it be in conformity with adopted planning policies, the Council also expresses its intent that neither this Land Use Code nor any amendment to it may be challenged on the basis of any alleged non-conformity with any planning documents.

1.5.1 This Land Use Code applies to all land, buildings and structures within the incorporated limits of the Town of Silver City. This Land Use Code is not 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 land or the State of New Mexico has ceded such jurisdiction to legislate back to the United States on such lands. This Land Use Code is also not applicable to state activities or development on state-owned lands. Federal and state activities or development on Town-owned land are also exempt from this Land Use Code. However, private activities or development for private purposes on such lands shall be subject to this Land Use Code.

1.5.2 Sections pertaining to subdivisions, specifically Sections 5.1 through 5.8, 6.13.15, 6.13.16, and all applicable definitions in Section 2.2 of the Land Use Code, or as they may later be defined to allow flexibility on smaller divisions, also apply to the Town's extraterritorial planning and platting jurisdiction (ETJ) which includes all territory within three miles of the municipal boundary and not within the boundary of another municipality. The Town of Silver City and Grant County share concurrent jurisdiction regarding certain subdivision plat approvals in this extraterritorial planning and platting area.

(Ord. No. 1276, 2-26-2019)

1.6.1 The Official Zoning Map designates the location and boundaries of the various zoning districts within the Town of Silver City and is incorporated herein by reference. The Official Zoning Map shall be kept on file in the office of the Community Development Director and available for public inspection during normal business hours.

1.6.2 All amendments to and changes to the Official Zoning Map shall be delineated on the Official Zoning Map by the Community Development Director or his or her designee.

1.6.3 Copies of the Official Zoning Map and this Land Use Code shall be available for purchase for a reasonable copying fee established by the Town Council.

The regulations of this Land Use Code are held to include the minimum standards necessary to carry out the purposes of this Land Use 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 Land Use Code is not intended to interfere with, abrogate or annul any easement, covenant or other agreement between the parties or other valid ordinances. Where the provisions of this Land Use Code conflict with other rules, regulations, easements, covenants, agreements, or other Town ordinances or resolutions, the provisions of this Land Use Code shall be controlling, except where case law or statutes require otherwise. Where this Land Use Code imposes greater restrictions than those imposed by other rules, regulations, easements, covenants, agreements, or Town ordinances or resolutions, the provisions of this Land Use Code shall control.

1.8.1 Except as described in Article VII (Non-conformities), no person may use or occupy any land or buildings, or authorize or permit the use or occupancy of land or buildings under his or her control except in conformance with all of the applicable provisions of this Land Use Code. The burden of proof shall rest with the applicant in all proceedings required by this Land Use Code. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in the building or land.

1.8.2 No structure shall be erected, reconstructed, structurally altered, enlarged, or moved within or into a zone district, nor shall any building, structure, or land be used or designed to be used for any use other than is permitted in the zone in which such structure or land is located and then only after applying for and securing all permits and licenses required by all laws and ordinances.

1.8.3 No yard, setback, or other open space provided around any structure for the purpose of complying with provisions of this Land Use Code shall be considered as providing a yard, setback, or open space for any structure on any other lot.

1.8.4 No land may be divided into lots or tracts for sale or development within the Town or within the contiguous three mile planning and platting jurisdiction of the Town, except in accordance with all of the provisions of this Land Use Code. In particular, no person may subdivide his or her land unless and until an Administrative Plat or a Final Plat has been approved and recorded in the Office of the County Clerk.

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded. Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

In addition to the codes specifically adopted as recited in Section 8.1 through Section 8.92, the Town adopts and incorporates as part of this Land Use Code the following codes and guidelines as they may be amended from time to time:

1.10.1 2006 New Mexico Existing Building Code, 2006 New Mexico Commercial Building Code, 2006 International Building Code, and International Fire Code as specified in Chapter 18Section 18-51 of the 2010 Code of Ordinances.

1.10.2 2006 New Mexico Residential Building Code.

1.10.3 2006 New Mexico Plumbing Code.

1.10.4 2006 International Residential Code.

1.10.5 2006 Uniform Mechanical Code.

1.10.6 1997 Uniform Code for the Abatement of Dangerous Buildings.

1.10.7 2008 National Electrical Code.

1.10.8 2008 New Mexico Electrical Safety Code.

1.10.9 New Mexico Liquefied Petroleum Gas Standard (19.15.40 NMAC).

1.10.10 National Fire Protection Association NFPA 58 Liquefied Petroleum Code.

1.10.11 National Fire Protection Association NFPA 54 National Fuel Gas Code.

1.10.12 2006 International Energy Conservation Code.

1.10.13 Town of Silver City Drainage Policy Guide.

1.10.14 1995, 1996 and 1997 Town of Silver City Comprehensive Traffic Studies.

1.10.15Silver City Built to Last.

1.10.16 Flood Insurance Study for the Town of Silver City.

1.10.17 Town of Silver City List of Approved Low Water and Native Vegetation.

1.10.18 Secretary of the Interior's Standards for Rehabilitation (36 CFR 67) ICC/ANSI A117.1 - 2003 American National Standard Accessible and Useable Buildings and Facilities Code.

In accordance with the New Mexico Inspection of Public Records Act, a request to inspect the codes referenced above may be submitted to the Town Clerk. A reproduction of the codes shall be available upon request and payment of a reasonable fee.

State Law reference— Codes adopted and enforced by reference, NMSA 1978, § 3-17-6; trade bureaus; standards, NMSA 1978, § 60-13-44(F).

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

Upon the adoption of this Land Use Code according to law, Chapter 22, Article I, II and III, Planning and Zoning, of the Code of the Town of Silver City, and appendices A, B and C, as amended, are repealed, except as to those sections expressly retained in this Land Use Code.

It is the legislative intent of the Town Council in adopting this Land Use Code that all provisions shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the Town. If any section, subsection, sentence, clause or phrase of this Land Use 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 Land Use Code. The Town Council hereby declares that it would have passed this Land Use Code and section, subsection, sentence, clause and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The provisions of this Land Use Code were originally passed, adopted and approved by the Town Council on January 12, 1999 and became effective on February 11, 1999, 30 days after it was filed with the Town Clerk and the State Records Administrator.