HB 554 — RESIDENTIAL HOME BUILDING AUTHORIZATION

HOUSE BILL 554 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Andrea Romero and RebeccaCristina DowParajón andThis Cristinadocument Parajónmay 6incorporate 8amendments 10proposed ANby ACTa RELATINGcommittee, TObut HOUSING;not yet adopted, as well as amendments that have been adopted during the current legislative session.

ALLOWINGThe ACCESSORYdocument DWELLINGis UNITSa INtool RESIDENTIALto ZONINGshow DISTRICTS;amendments in context and cannot be used for the purpose of adding amendments to legislation.

ALLOWINGh MULTIFAMILYAN HOUSINGACT INg COMMERCIALo DISTRICTSRELATING ANDTO AREASHOUSING; NEAR TRANSIT.

15ALLOWING BEACCESSORY ITDWELLING ENACTEDUNITS BYIN THEt LEGISLATUREhr OFg THEe STATEi OFk NEWRESIDENTIAL MEXICO:ZONING DISTRICTS;

SECTIONALLOWING 1.MULTIFAMILY HOUSING IN h r i s COMMERCIAL DISTRICTS AND AREAS NEAR TRANSIT.

Sectionh 3-21-1, NMSAt, 1978e (beingu Lawsg 1965,e b l e te 17h ChapterBE 300,IT SectionENACTED 14-20-1,BY asTHE amended)LEGISLATURE isOF amendedTHE toSTATE read:OF NEW MEXICO:

w l n d 18d "3-21-1.i = = o h SECTION 1.

ZONING--AUTHORITYSection OF3-21-1 COUNTYNMSA OR1978 MUNICIPALITY.--(being =Laws =1965, 19l ] b ,d i a lº A.e Chapter 300, Section 14-20-1, as amended) is amended to read:

Forr the purpose of promoting health, safety i a= e r 20 [morals] or the general welfare, a county or municipality is a a t me mw 21 zoning authority and may regulate and restrict within its d rm ea 22n jurisdictiono the:"3-21-1.

cZONING--AUTHORITY eOF sCOUNTY kOR 23MUNICIPALITY.-- (1)d height,m number: of stories and size of e a n b 24 buildings and other structures;

ub [e (2)d percentages ofº o t n = .230818.5AIC March 8, 2025 (9:59am) s k m e e a lotn thate mayd ber occupied;e l u [ A d A.

.230818.5For (3)the sizepurpose of yards,promoting courtshealth, safety [morals] or the general welfare, a county or municipality is a zoning authority and othermay openregulate space;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;

(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 h 3-21-1 through 3-21-14 NMSA 1978;

and g o t hr (2) regulate or restrict the erection, g e i k construction, reconstruction, alteration, repair or use of h r i s buildings, structures or land in each district.

All such h , t, regulations shall be uniform for each class or kind of e u g e b l e e h buildings within each district, but regulation in one district n d d i = = o h may differ from regulation in another district.

el t] 17b ,d i a º e C.

All state-licensed or state-operated community wr li n d 18 residences for persons with a mental or developmental = =r 19t ae lw disabilityd andm serving ten or fewer persons may be considered a in ao eresidences r 20 residential use of property for purposespersons ofwith zoning and may be a tmental mor mdevelopmental 21 permitted use in all districts in which residential uses are d rm e: 22 permitted generally, including particularly residential zones c e s k 23 for single-family dwellings.

b e d s º o t n = .230818.5AIC March 8, 2025 (9:59am) s k m e - 2 - e a n be 24d D.r e l u [ A d 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.

AD. board of county commissioners of the county in u [ which the greatest amount of the territory of the petitioning .230818.5 - 2 - 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.

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.

Any village, community, neighborhood or district h that is declared a traditional historic community shall be u » r excluded from the extraterritorial zone and extraterritorial t h g e l i zoning authority of any municipality whose extraterritorial h r i s zoning authority extends to include all or a portion of the h , e h traditional historic community and shall be subject to the t u g e b l e e , gh zoning jurisdiction of the county in which the greatest portion n d d i = = o h of the traditional historic community lies.

el t] 17b ,d i a º r F.

Zoning authorities, including zoning authorities we lr n= t e w d 18m a n o of home rule municipalities, shall:

=d = 19 a l (1) accommodate [multigenerational] housing by i a e r 20 creating a mechanism to allow up to two kitchens within a a t m m: 21 single-family zoning district, such as conditional use permits;

b r e t º o t n = .230818.5AIC March 8, 2025 (9:59am) s k m e - 3 - e a n e d r e 22l [G.u [ A d (1) accommodate [multigenerational] housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits;

For[G. the purpose of this section, c e s k 23 "multigenerational" means any number of persons related by e a n b 24 blood, common ancestry, marriage, guardianship or adoption.] u [ (2) accommodate accessory dwelling units in .230818.5 - 3 - residential zoning districts as a permitted use;

andFor (3)the accommodatepurpose multifamilyof residentialthis housingsection, in"multigenerational" commercialmeans zoningany districtsnumber andof areaspersons nearrelated transitby blood, common ancestry, marriage, guardianship or adoption.] (2) accommodate accessory dwelling units in residential zoning districts as a permitted use."use; SECTION 2.

Aand new(3) sectionaccommodate ofmultifamily Chapterresidential 3,housing Articlein 21commercial NMSAzoning 1978districts isand enactedareas tonear read:HCPACºtransit»HCPAC HCPACºa passenger rail station»HCPAC as a permitted use." SECTION 2.

"[NEWA MATERIAL]new ACCESSORYsection DWELLINGof UNITS.--Chapter A.3, Article 21 NMSA is enacted to read:

As"[NEW usedMATERIAL in] thisACCESSORY section,DWELLING "accessoryUNITS.-- dwellingA. unit" means a single habitable living unit that is a complete and independent living unit, provides separate ingress and egress, is built on a property with a residential use and includes permanent provisions for sleeping, cooking and sanitation.

B.As used in this section, "accessory dwelling h unit" means a single habitable living unit that is a complete g o t hr and independent living unit, provides separate ingress and g e i k egress, is built on a property with a residential use and h r i s includes permanent provisions for sleeping, cooking and h , t, sanitation.

Ae zoningu authority,g including a zoning authority of a home rule municipality, shall accommodate as a permitted use the construction of at least one accessory dwelling unit e tb 17 for each lot within zoning districts that allow residential w l ne de 18h usesB. regardless of the size of the lot.

A zoning authority, including a zoning authority n d d i = = 19o h of a home rule municipality, shall accommodate as a permitted l C.] b ,d i a º e use the construction of at least one accessory dwelling unit r i = r t e w d m a n o for each lot within zoning districts that allow residential d m :

b e d s º o t n = .230818.5AIC March 8, 2025 (9:59am) s k m e - 4 - e a n e d r e l u [ A d uses regardless of the size of the lot.

C.

i a e r 20 (1) be permitted as either attached to or a t m m 21 detached from an existing residential structure;

d r e 22 (2) have side and rear setbacks that are no c e s k 23 more than five feet from the property line and ten feet from e a n b 24 any other structure on the property;