City of Las Vegas, NM Article III Establishment of Zones

§ 450-8 Names of zones.

[Amended 2-26-1987 by Ord. No. 75-33[1]]

For the purpose related to the orderly development of the City of Las Vegas, New Mexico, and in order to carry out the provisions of this chapter, the City is hereby divided into 13 zones, known as follows:

RA	Residential Agricultural Zone
RR	Restricted Residential Zone
R-1	Single-Family Residential Zone
R-2	Multifamily Residential Zone
R-3	Mixed Residential Zone
C-1	Neighborhood Commercial Zone
C-2	Central Business District
C-3	General Commercial Zone
O-1	Office Zone
M-1	Light Manufacturing Zone
M-2	Heavy Industrial Zone
PC	Planned Community Zone
CH	Cultural Historical Zone

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 450-9 Establishment of zone boundaries by map. [1]

The location and boundaries of the various zones as hereafter determined shall be shown and delineated on the "Official Zoning Map" of the City which shall, upon its final adoption, be made a part of this chapter, and said map and all notations and information shown thereon shall thereafter be as much a part of this chapter as if all 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 and the Planning and Zoning Commission Chairman 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 § 450-9 of the Code of the City of Las Vegas, together with the date of adoption of this chapter."

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 450-10 Uncertainty of zone boundaries.

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

A. Where such boundaries are indicated as approximately following the 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 on 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.

§ 450-11 Official Zoning Map on file with City Clerk. [1]

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. A copy of said map shall also be filed with the City Manager.

[1] Editor's Note: The 2012 edition of the Official Zoning Map was adopted 3-21-2012 by Ord. No. 12-05.

§ 450-12 Amendments to Official Zoning Map.

[Amended 9-19-1984 by Ord. No. 73-5]

All amendments to and changes in the Official Zoning Map shall be recorded by the City Clerk not later than 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 Las Vegas. (See § 450-9.)

§ 450-13 New construction and new uses.

All new construction, building, improvements, alterations, enlargements, or building movement undertaken after the effective date of this chapter; and all new uses or occupancy of premises within the City shall conform to 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 chapter. It shall be unlawful for any person to design, erect, construct, establish, move into, altar, 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 chapter contrary to the provisions of this chapter.

§ 450-14 Uses permitted in the zones.

All zones established in this chapter 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.

§ 450-15 Uses not listed.

[Amended 4-20-2011 by Ord. No. 11-10]

When a use is not specifically listed in the section devoted to "uses permitted" or "special uses," it shall be assumed that such uses are hereby expressly prohibited unless a written recommendation from the Planning Commission to the City Council is approved by the Council, said recommendation being one which states that said use is similar to and not more objectionable than the uses already listed.

§ 450-16 Separate yards required.

Except as hereafter in this chapter 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.

§ 450-17 Annexation: petition by owners of contiguous territory; designation of zones in areas annexed; application filing fee and table.

[Amended 8-18-2004 by Ord. No. 04-13]

A. Whenever owners seeking the annexation of territory contiguous to the City file a petition with the City, such request shall be in accordance with NMSA 1978, § 3-7-17.

B. All lands that may hereafter be annexed into the City shall be automatically classified as lying in the RA Zone.

C. An application filing fee as shown on the table below shall be paid to the City upon the filing of such petition. Said fee shall be for purposes of defraying costs associated to the proceedings of application.

D. Fee Table.

	Area Being Annexed	Fee
	5,000 square feet to 1.00 acre	$120
	1 to 10 acres	$180 for the first 5 acres plus $15 for each additional acre
	10 to 25 acres	$300 for the first first 10 acres plus $6 for each additional acre
	25 acres and over	$600 for the first 25 acres plus $1.50 for each additional acre

E. Annexations will require additional recording fees, to be determined by the San Miguel County Clerk and also fees applicable to zone change requirements as required by § 450-100A.

§ 450-18 Completion of construction.

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 chapter, 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 excavation shall be deemed to be actual construction, or where demolition or removal of an existing structure has commenced preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.