HOUSE BILL 425
56th legislature - STATE OF NEW MEXICO - first session, 2023
Cynthia Borrego and Reena Szczepanski
RELATING TO HOUSING; ALLOWING FOR AN ADDITIONAL DWELLING UNIT ON A LOT WITHIN A SINGLE-FAMILY ZONING DISTRICT UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT RESTRICTIONS ON AN ADDITIONAL DWELLING UNIT IN AN INSTRUMENT FOR THE SALE OR TRANSFER OF AN INTEREST IN A PLANNED DEVELOPMENT OR HOMEOWNER ASSOCIATION ARE VOID.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-21-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-1, as amended) is amended to read:
"3-21-1. ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--
A. For the purpose of promoting health, safety, morals or the general welfare, a county or municipality is a zoning authority and may regulate and restrict within its jurisdiction the:
(1) height, number of stories and size of buildings and other structures;
(2) percentage of a lot that may be occupied;
(3) size of yards, courts and other open space;
(4) density of population; and
(5) location and use of buildings, structures and land for trade, industry, residence or other purposes.
B. The county or municipal zoning authority may:
(1) divide the territory under its jurisdiction into districts of such number, shape, area and form as is necessary to carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978; and
(2) regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of buildings within each district, but regulation in one district may differ from regulation in another district.
C. All state-licensed or state-operated community residences for persons with a mental or developmental disability and serving ten or fewer persons may be considered a residential use of property for purposes of zoning and may be permitted use in all districts in which residential uses are permitted generally, including particularly residential zones for single-family dwellings.
D. A board of county commissioners of the county in which the greatest amount of the territory of the petitioning village, community, neighborhood or district lies may declare by ordinance that a village, community, neighborhood or district is a "traditional historic community" upon petition by twenty-five percent or more of the qualified electors of the territory within the village, community, neighborhood or district requesting the designation. The number of qualified electors shall be based on county records as of the date of the last general election.
E. Any village, community, neighborhood or district that is declared a traditional historic community shall be excluded from the extraterritorial zone and extraterritorial zoning authority of any municipality whose extraterritorial zoning authority extends to include all or a portion of the traditional historic community and shall be subject to the zoning jurisdiction of the county in which the greatest portion of the traditional historic community lies.
[F. Zoning authorities, including zoning authorities of home rule municipalities, shall accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits.
G. For the purpose of this section, "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption.]"
SECTION 2. A new section of Chapter 3, Article 21 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ADDITIONAL DWELLING UNIT IN SINGLE-FAMILY ZONING DISTRICTS.--
A. A zoning authority, including a zoning authority of a home rule municipality, shall accommodate the construction of one additional dwelling unit for each lot within a single-family zoning district regardless of the size of the lot.
B. The additional dwelling unit shall:
(1) be equal to or less than one thousand square feet;
(2) be with or without kitchen facilities; and
(3) have side and rear setbacks that are no more than five feet from the property line and ten feet from any other structure on the property.
C. The owner of the additional dwelling unit shall obtain approval from the appropriate health officer prior to any installation of a private liquid waste disposal system.
D. A zoning authority, including a zoning authority of a home rule municipality, shall not:
(1) impose single-family or owner-occupancy requirements on the additional dwelling unit;
(2) charge additional impact fees if the existing utility infrastructure is sufficient to accommodate the additional dwelling unit;
(3) require alternate covered or off-street parking when an existing garage is converted into the additional dwelling unit; and
(4) use additional standards to evaluate the proposed additional dwelling unit, except that a zoning authority may require that the additional dwelling unit shall be used for rentals of terms longer than thirty days.
E. A zoning authority, including a zoning authority of a home rule municipality, shall consider a permit application for the additional dwelling unit without a discretionary review, hearing or the issuance of a variance or special use permit.
F. A local ordinance, policy, regulation or neighborhood or homeowner association restriction shall not be a basis for a delay or a denial of a building permit for the additional dwelling unit.
G. An additional dwelling unit that conforms to this section shall not be deemed to exceed the allowable density of dwellings for the lot on which it is located and is considered a permissive, residential use that is consistent with the existing general plan and zoning designations for the lot."
SECTION 3. A new section of Chapter 47, Article 16 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COVENANT RESTRICTING ADDITIONAL DWELLING UNIT IN SINGLE-FAMILY ZONING DISTRICT--VOID.--A covenant, restriction or condition contained in a deed, community document, contract, security instrument or other instrument affecting the sale or transfer of an interest in a development or association that prohibits or restricts the construction or use of an additional dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 2 of this 2023 act is void as against public policy and unenforceable."
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