This chapter shall be known as the "Comprehensive Planning and Zoning Code" of the City of Truth or Consequences (herein, "this Code").

The purpose of this Code is to encourage the most appropriate use of land and to promote the health, safety, morals and general welfare of the community through a comprehensive and planned approach. The regulations, plans, and maps are deemed necessary to:

A.

Prevent congestion in the streets and other rights-of-way;

B.

Secure safety from fire, panic, and other dangers;

C.

Promote health and general welfare;

D.

Assure adequate light and air for all properties;

E.

Prevent overcrowding of land and undue concentration of population;

F.

Facilitate adequate provisions for transportation, water, sewer, schools, parks, and other public facilities and reduce the effect of natural hazards;

G.

Control and abate the unlawful use of structures, buildings, or land;

H.

Encourage the conservation of energy in the use of structures, buildings and land in the City.

This Code is created and adopted pursuant to the authority set forth in the New Mexico State Statutes 1978, Section 3-21-1 through Section 3-21-24, as amended, and shall be applicable to all property within the corporate limits of the City of Truth or Consequences, New Mexico, referred to as "the City" elsewhere herein, except for state and federal land being used for public purposes.

The regulations of this Code are held to be the minimum standards to carry out the purpose of this Code. This Code is not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties, or other valid ordinances. Where this Code imposes a greater restriction upon the use of land or building, or upon the height of building, or requires larger open space than is imposed by other rules, regulations, easements, covenants, agreements, or ordinances, the provisions of this Code control.

A.

Severability. If any article, section, subsection paragraph, sentence, phrase or part hereof is declared unconstitutional, illegal or invalid, the remaining portions of this Code shall not be affected.

B.

Federal and state conflict. Any provision of U.S. or New Mexico State Law, which imposes a greater duty, standard or requirement than those contained herein shall supersede the provisions of this Code. Should federal or state controlled lands be exempt from local zoning authority, the provisions of this Code do not apply. However, the zoning designation is made should the lands be passed to private ownership and to provide a framework to the federal or state governments for the desired types of uses of the land.

C.

Conflict within this Code. When two or more provisions of this Code are conflicting, the most restrictive provision shall apply.

D.

Repeal. Any Municipal Code or portion thereof, in direct conflict with the provisions of this Code is hereby repealed.

A.

Planning and zoning district map. For the purpose of this Code, The City shall be divided into planning and zoning Districts and these shall be shown on a map entitled the "Official Planning and Zoning District Map" of the City of Truth or Consequences, New Mexico.

B.

Designation of official districts. The following shall be the official planning and zoning Districts:

Overlay Districts;

[Industrial Planned Unit Development District (PUD)];

R-1 Single Family, Low Density Residential District;

R-2 Medium Density Residential District;

R-3 High Density Residential District;

R-4 Rural Residential District;

RR-1 Riverside Residential District;

C-1 General Commercial District;

M-1 Light Manufacturing District;

T-1 Transition District.

C.

Interpretation of district boundaries. Where uncertainty exists concerning boundaries of any District shown on the Official Planning and Zoning District Map, the following rules shall apply:

1.

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

2.

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

3.

Where property is not otherwise designated, divided, or subdivided, the boundary line shall be determined by the scaled distance shown on the Official Planning and Zoning District Map.

4.

In cases where property has not been specifically a part of the City by annexation, these areas shall be classified by District by the City Commission after recommendation by the Planning and Zoning Commission.

([Ord. No. 573, 8-28-07;] Ord. No. 574, 8-28-07)

The Code and Official Planning and Zoning District Map shall be filed with the City Clerk and shall be available for examination by any citizen.