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Section 1. Title
This Ordinance shall be known as the "Roswell Zoning Ordinance" except as
referred to and cited herein, where it shall be known as "this Ordinance".
Section 2. Purpose
The regulations and restrictions hereinafter provided have been made in accordance with a
comprehensive master plan heretofore duly adopted and approved and are intended to create
orderly, harmonious, and economically sound development. These regulations and
restrictions are designed to promote the public health, safety, comfort, morals,
convenience, and general welfare; to secure adequate light, air, and safety from
fire and other dangers, to conserve the value of land and structures throughout the City;
to prevent the overcrowding of land and undue concentration of structures; to
avoid undue concentration of population, water, sewage, schools, parks, and other public
requirements; to lessen or avoid congestion in the public streets; and to
divide the City into districts, and restrict and regulate therein the location,
construction, reconstruction, alteration, and use of buildings, structures, and land,
whether for residential, commercial, industrial, or other specified uses.
Section 3. Application of the Zoning Ordinance
All property, except that property exempted by law, is governed according to the zoning
district in which it is located. Any use not designated as a permitted or special
use in a zoning district, except as otherwise provided herein.
No building or land shall be used or occupied and no building or part thereof shall be
erected, moved, or altered unless in conformity with the regulations specified for the
zoning district in which it is located. No building shall be erected or altered to
exceed the height, accommodate or house a greater number of families, occupy a greater
percentage of land area, or have smaller front, rear, or side yards than is specified for
the zoning district in which such building is located. No part of a yard, off-street
parking space, or other open space required for a building shall be included as a part of
a yard, off-street parking space, or other open space required for another building.
Section 4. Authority and Jurisdiction
This Ordinance is enacted for the purpose of establishing and carrying into effect the
several powers, duties and privileges conferred upon the City of Roswell in, under and by
Act of the New Mexico Statues Annotated, 1978 together with acts mandatory thereof and
supplementary thereto.
Section 5. Interpretations and Conflicts
It is not intended by this Ordinance to interfere with, or abrogate and annul any
ordinance, rules, regulations, or permits previously adopted or issued, and not in
conflict with any of the provisions of this Ordinance, or which shall be adopted or issued
pursuant to law relating to the use of buildings or premises, and likewise not in conflict
with this Ordinance to interfere with or abrogate or annul any easements, covenants or
other agreements between parties, except that if this Ordinance imposes a greater
restriction this Ordinance shall control.
Section 6. Severability
If any section, subsection, paragraph, sentence, clause, phase or part hereof is for any
reason declared unconstitutional or invalid, the validity of the remaining portions hereof
shall not be affected since it is the express intent of the City of Roswell to pass each
section, subsection, paragraph, clause, phrase, and every part thereof separately and
independently of every other part.
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