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Legislation Detail
SB 310 BUILDING & ZONING CHANGES
Sponsored By: Sen Antonio (Moe) Maestas

Actions: [4] SHPAC/SJC-SHPAC

Scheduled: Not Scheduled

Summary:
 Senate Bill 310 (SB 310) relates to zoning. SB 310 eliminates building height restrictions except in historic districts. SB 310 allows development of duplexes and townhouses except in historic districts. SB 310 allowing small scale commercial uses in residential zones. 
Legislation Overview:
 Senate Bill 310 amends municipalities and zoning regulations.
SECTION 1 is amended in ZONING to insert Subsection A and B as follows:
A. Except as provided in this section, a zoning authority shall: 
(1) eliminate restrictions on building height except for historic districts; 
(2) not restrict duplexes or townhouses in residential zones except for historic districts; and 
(3) allow development for small-scale commercial uses in residential zones that provide neighborhood scale convenience shopping, food, beverages, indoor entertainment and professional offices; provided that uses comply with local rules governing traffic and noise. 
B. The provisions of Subsection A of this section do not apply to traditional historic communities. 
Subsection C(1) is amended to remove delete  “height”  from restriction within a county or municipality jurisdiction.
Subsection D(2) inserts a provision that “within the limitations enumerated in Subsection A” that a county or municipal zoning authority may regulate or restrict erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. 
Current Law:
 Senate Bill 310 in Zoning Section 3-21-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-1, as amended) does not include the restrictions listed in this bill. 
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