A special zoning district is created in an area consisting of no more than twenty thousand contiguous acres that is outside the boundary limits of an incorporated municipality when:

1. A. there are at least one hundred fifty single family dwellings within the area;
2. B. at least fifty-one percent of the registered electors residing in the area sign a petition requesting a special zoning district;
3. C. the signed petition, along with a plat of the area included within the district, is filed in the office of the county clerk of the county or counties in which the area is situate; and
4. D. no general zoning ordinance applying to all areas in the county outside of incorporated municipalities has been adopted by the county or counties in which the area is situate; provided that any special zoning district in existence upon the effective date of this 1979 act may continue to exist without cost to any county, and any special zoning district created pursuant to this section may continue to exist after adoption of a general zoning ordinance applying to all areas in the county outside of incorporated municipalities by the county or counties in which the district is situate without cost to any county; but no new special zoning districts shall be created in any county after the adoption of such general zoning ordinance by such county.

History: 1953 Comp., § 14-20-16, enacted by Laws 1965, ch. 206, § 4; 1979, ch. 334, § 1; 1993, ch. 264, § 1.

ANNOTATIONS

Compiler's notes. — The phrase "this 1979 act" apparently refers to Laws 1979, ch. 334, § 1.

Cross references. — For county and municipal jurisdiction over subdivisions, see 3-20-5 NMSA 1978.

For extraterritorial zoning, see 3-21-3 and 3-21-4 NMSA 1978.

The 1993 amendment, effective June 18, 1993, inserted "consisting of no more than twenty thousand contiguous acres that is" in the introductory language and inserted "1979" near the middle of Subsection D.

This section is void as unconstitutional delegation of legislative power because there is no standard to guide private individuals in determining the size or location of the district. Deer Mesa Corp. v. Los Tres Valles Special Zoning Dist. Comm'n, 1985-NMCA-114, 103 N.M. 675, 712 P.2d 21 (decided under prior law).

Responsibility of determining the validity of the signatures on the petition and the number of registered electors in the area rests upon the trial court and the appellate court, based upon the evidence presented in the trial court. State ex rel. Huning v. Los Chavez Zoning Comm'n, 1982-NMSC-024, 97 N.M. 472, 641 P.2d 503.

Annexation by incorporated municipality. — When all or a portion of a special zoning district is annexed by an incorporated municipality, the special zoning district loses all of its zoning jurisdiction over the annexed territory to the municipality. 1983 Op. Att'y Gen. No. 83-06.

By creating a special zoning district, county zoning is not thereby nullified. Compliance must be had with the regulations of both the county zoning authority and the special zoning commission. 1971 Op. Att'y Gen. No. 71-39.

Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).

For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).

For article, "Rural Development Considerations for Growth Management," see 43 Nat. Resources J. 781 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 4, 10 to 16.

Zoning and Land Planning §§ 7, 8, 10.