Zoning Ordinance

City of Roswell
P.O. Drawer 1838
Roswell, NM 88202-1838
(505) 624-6700
Fax: 624-6709

 

ARTICLE 5:
ESTABLISHMENT OF ZONING DISTRICTS

Section  1.    Establishment of Zoning Districts

In order to fulfill the purposes and provisions of this Ordinance, the area within the corporate limits of the City of Roswell is divided into the following zoning districts:

R - S Rural Suburban
R - 1 Residential
R - 2 Residential
R - 3 Residential
R - 4 Residential
R M S Residential Mobile Home Subdivision
R M P Residential Mobile Home Park
C - 1 Neighborhood Commercial
C - 2 Community Commercial
C - 3 Central Business
I - 1 Light Industrial
I - 2 Heavy Industrial
P U D Planned Unit Development

Section  2.    Official Zoning Map

The location and boundaries of the zoning districts established by this Ordinance are set forth on the official zoning map here by adopted by reference and declared to be an official record and part of this Ordinance.

a. 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 of the City of Roswell shall be that map located in the Engineering Department of the City of Roswell, New Mexico, and which shall be the final authority as to the current zoning status of all lands and buildings in the jurisdiction of the city of  Roswell.

b. Whenever amendments or changes are made in zoning district boundaries and/or classifications, such amendments or changes shall be made promptly on the official zoning map and become a part thereof.

c. Changes of any kind shall not be made on the official zoning map except in conformance with the procedures set forth in this Ordinance.  Any unauthorized change of any kind by any person or party shall be considered a violation of this Ordinance and punishable as provided herein.

d. 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 amendments thereto, the Planning and Zoning Commission may adopt a new official zoning map which shall supersede the prior official zoning map.  The new official zoning map may correct drafting or other errors or omissions on the prior official zoning map, but such corrections shall not have the effect of amending or changing the original zoning district boundaries and classifications or any subsequent amendments thereof.

Section  3.    Boundaries

Whenever uncertainty exists with respect to the boundaries of the various zoning districts as shown on the official zoning map, the following rules shall apply:

a. The zoning district boundary lines shall be the centerline of either streets, alleys, railroads, river channels, or easements or the boundary lines of sections, divisions of sections, tracts, blocks, or lots, or such lines extended as otherwise indicated.

b. Where a zoning district boundary line is indicated as approximately following the centerlines of either streets, alleys, railroads, river channels, or easements, then such lines shall be construed to be the zoning district boundaries.

c. Where a zoning district boundary line is indicated as being approximately parallel to the centerlines of either streets, alleys, railroads, river channels, or easements, then the zoning district boundary shall be construed as being parallel thereto and at a distance determined by the use of the scale shown on the official zoning map.

d. Where a zoning district boundary line is not indicated as otherwise herein, and where that zoning district boundary line divides a piece of property that has been or may hereinafter be subdivided into tracts, blocks, and/or lots, then the zoning district boundary line shall be construed to include the entire tract, block, and/or lot if the original piece of property had more than fifty (50) percent of its land area within that zoning district boundary line prior to its subdivision.

e. Whenever any street, alley, or other public right-of-way or easement is vacated as provided by law, then the  zoning district adjoining each side of such street, alley, or other public right-of-way or easement shall be automatically extended to the center of such vacation, and the area included in the vacation shall be subject to the regulations of the extended zoning districts.



Section  4.    Annexation of Territory

Any territorial additions to the incorporated area of the City of Roswell resulting from annexation or otherwise shall be classified and regulated under the provisions of the R-S, Rural Suburban District.  All uses that have existed prior to their being incorporated into the City but are not permitted in the R-S, Rural Suburban District shall be deemed non-conforming, limiting the extent of their operation as set forth in this Ordinance, until such uses are rezoned into conformance following the procedures established herein.

Property shall not be zoned upon annexation until a public hearing, following the procedures established herein, is held on the proposed zoning after the effective date of the property's incorporation into the City of Roswell.

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