If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires:
A. the greater width or size of yards, courts or other open spaces;
B. the lower height of building or a less number of stories;
C. the greater percentage of lot or land to be left unoccupied;
D. or imposes, other higher standards.
History: 1953 Comp., § 14-20-9, enacted by Laws 1965, ch. 300.
Cross references. — For conflicts with Scenic Highway Zoning Act, see 67-13-14 NMSA 1978.
Master plan. — A master plan is not a zoning document within the meaning of Section 3-21-11 NMSA 1978 and does not supercede less restrictive provisions in a zoning ordinance. West Bluff Neighborhood Ass'n v. City of Albuquerque, 2002-NMCA-075, 132 N.M. 433, 50 P.3d 182, rev'd on other grounds, Rio Grande Chapter of Sierra Club v. N.M. Mining Comm'n, 2003-NMSC-005, 133 N.M. 97, 61 P.3d 806.
This section does not provide counties with express authority to zone on state land. County of Santa Fe v. Milagro Wireless, LLC, 2001-NMCA-070, 130 N.M. 771, 32 P.3d 214.
Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like in residential neighborhoods, 95 A.L.R.3d 378.
Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
Zoning regulation of intoxicating liquor as pre-empted by state law, 65 A.L.R.4th 555.
Structure New Mexico Statutes
Article 21 - Zoning Regulations
Section 3-21-1 - Zoning; authority of county or municipality.
Section 3-21-2 - Jurisdiction of a county or municipal zoning authority.
Section 3-21-3 - Procedure for extraterritorial zoning.
Section 3-21-3.1 - Additional procedures for extraterritorial zoning and subdivision regulation.
Section 3-21-3.2 - Extraterritorial zoning in class A counties; procedures.
Section 3-21-3.3 - Extraterritorial zoning jurisdiction; concurrent authority for certain counties.
Section 3-21-4 - Extraterritorial zoning ordinance; enforcement and administration; appeals.
Section 3-21-4.1 - Extraterritorial zoning ordinances adopted under former law.
Section 3-21-5 - Zoning; conformance to comprehensive plan.
Section 3-21-7 - Appointment of a zoning commission; duties; preliminary report and hearing.
Section 3-21-8 - Appeals to zoning authority; grounds; stay of proceedings.
Section 3-21-9 - Zoning; appeal.
Section 3-21-10 - Zoning enforcement.
Section 3-21-11 - Conflicts between zoning regulations and other statutes and ordinances.
Section 3-21-12 - County zoning authority; authority to contract.
Section 3-21-13 - Zoning enforcement by counties.
Section 3-21-14 - Adoption of county zoning ordinances.
Section 3-21-15 - [Special zoning districts;] short title.
Section 3-21-16 - Purpose of act.
Section 3-21-17 - Definitions.
Section 3-21-18 - Special zoning district.
Section 3-21-19 - Zoning commission.
Section 3-21-20 - Election of members to the commission.
Section 3-21-21 - Powers of the commission.
Section 3-21-22 - Procedures for regulations or restrictions.
Section 3-21-23 - Ordinance; penalty; remedies.
Section 3-21-24 - Enforcement.
Section 3-21-25 - Judicial review.
Section 3-21-26 - Costs incurred by zoning commission of special zoning district; fees.