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Sunland Park City Zoning Code

CHAPTER 4

ZONING DISTRICTS; MAP

10-4-1: OFFICIAL ZONING MAP:

   A.   Map Adopted By Reference: The City is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this Title.
   B.   Map Certification: The Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Glerk-Treasurer, and bear the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance Number 1985-03 of the City of Sunland Park, said Ordinance dated the 16th day of April, 1985", together with the date of the adoption of this Title.
   C.   Amendment Of Map: If, in accordance with the provisions of this Title and New Mexico Statutes Annotated section 3-21-1 et seq., changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)", which entry shall be signed by the Mayor and attested by the City Clerk-Treasurer. No amendment to this Title which involves material portrayed on the Official Zoning Map shall become effective until after change and entry has been made on said Map.
   D.   Unauthorized Changes A Violation: No changes of any nature shall be made in the Official Zoning Map or material shown thereon except in conformity with the procedure set forth in this Title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Title and punishable as provided under Section 10-2-5 of this Title.
   E.   Map On File In Clerk-Treasurer's Office: Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the office of the City Clerk-Treasurer and shall be the final authority as to the current zoning status of land, and structures in the City or in the City's extra-territorial zoning jurisdiction at such time as zoning is approved for this extraterritorial area pursuant to New Mexico Statutes Annotated section 3-21-3. (Ord. 1985-03, 4-16-1985)

10-4-2: REPLACEMENT OF OFFICIAL ZONING MAP:

   A.   Procedure: In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other clerical, typographical nonsubstantive errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Clerk-Treasurer, and bear the Seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as part of Ordinance No. of the City of Sunland Park".
   B.   Preservation Of Original Map: Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior Map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. (Ord. 1985-03, 4-16-1985)

10-4-3: ZONE DISTRICT BOUNDARIES ESTABLISHED:

   A.   Division Into Districts: In order to carry out the provisions of this Title, the City and territory in its extra-territorial zoning jurisdiction at such time as zoning is approved for this extra-territorial area pursuant to New Mexico Statutes Annotated section 3-21-1 et seq., is hereby divided into zone districts, as named and described in the following sections. The regulations prescribed in this Title shall apply within the corporate limits of the City and to the territory in its extra-territorial zoning jurisdiction at such time as zoning is approved for this extra-territorial area pursuant to New Mexico Statutes Annotated section 3-21-3.
   B.   Boundaries Shown On Map: The boundaries of said zone districts are hereby established as shown on the Official Zoning Map.
   C.   Uncertainty Of Boundary Lines: Where due to the scale, lack of detail or illegibility of the Official Zoning Map, there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of a zone district boundary line shall, upon a written request, be determined by the Board of Adjustment.
   D.   Frontage On Public Right Of Way: Abutting zone districts along frontage on a public right of way shall automatically extend to the center line upon vacation from public use of said right of way. (Ord. 1985-03, 4-16-1985)

10-4-4: RULES FOR INTERPRETATION OF DISTRICT BOUND-

ARIES: Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
   A.   Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
   C.   Boundaries indicated as approximately following City limits shall be construed as following such City limits.
   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
   E.   Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
   F.   Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this Section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.
   G.   Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Adjustment shall interpret the district boundaries.
   H.   Where a district boundary line divides a lot which was in single ownership at the time of passage of this Title and where such lot was created as part of a properly approved and filed subdivision, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot into the remaining portion of the lot. If such lot was not created as a part of a properly approved and filed subdivision, the more restrictive regulations for either portion of the lot shall apply into the remaining portion of the lot and the Board of Adjustment may permit, as a special exception, the extension of the less restrictive regulations to the entire lot only after such lot is approved and filed pursuant to the subdivision regulations. (Ord. 1985-03, 4-16-1985)

10-4-5: APPLICATION OF DISTRICT REGULATIONS:

   A.   Minimum Regulations: The regulations set by this Title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
   B.   Compliance With District Regulations: No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
   C.   Compliance With Conditions And Limitations: No building or other structure shall hereafter be erected or altered:
      1.   To exceed the height or bulk;
      2.   To accommodate or house a greater number of families;
      3.   To occupy a greater percentage of lot area;
      4.   To have narrower or smaller rear yards, front yards, side yards, or other open spaces;
than herein required; or in any other manner contrary to the provisions of this Title.
   D.   Yards, Open Spaces And Parking: No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building, for the purpose of complying with this Title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
   E.   Yard Or Lot Dimensions: No yard or lot existing at the time of passage of this Title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this Title.
   F.   Zoning Of Annexed Land: At such time as territory may hereafter be annexed to the City, it shall continue to be zoned and subject to such land use restrictions as prior to such annexation. Provided, however, if such territory is not subject to zoning or land use restrictions, the City Council shall, as a condition of such annexation, zone such territory. (Ord. 1985-03, 4-16-1985)

10-4-6: RESIDENTIAL USES PROHIBITED IN COMMERCIAL AND

Residential uses are prohibited in C-1 Light Commercial, C-2 General Commercial, M-1 Light Industrial, and M-2 Heavy Industrial Zones unless otherwise permitted by ordinance. (Ord. 1987-03, 1-6-1987; amd. Ord. 1998-06, 10-6-1998; amd. Ord. 2022-3, 1-4-2022)