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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
Chapter 17.34
"E" ECONOMIC DISTRICT
Sections:
   17.34.010   Regulations—In general.
   17.34.020   Purpose.
   17.34.030   Definitions.
   17.34.040   Permitted uses.
   17.34.050   Prohibited uses.
   17.34.060   Parking regulations.
   17.34.070   Height restrictions.
   17.34.080   Front yard.
   17.34.090   Side yard.
   17.34.100   Rear yard.
   17.34.110   Interior courts.
   17.34.120   Maintenance requirements.
   17.34.130   Security requirements.
   17.34.140   Additional requirements.
   17.34.150   Prohibition.
   17.34.160   Notice; abatement; hearing.
   17.34.170   Contents of notice.
   17.34.180   Service of notice.
   17.34.190   Abatement by city.
   17.34.200   City’s costs declared lien.
   17.34.210   Penalty.
   17.34.220   Effective date.
17.34.010   Regulations—In general.
   The regulations set forth in this chapter, or set forth elsewhere in this title and referred to in this chapter, are the regulations in the "E" economic district. (Ord. 569 (part), 2019)
17.34.020   Purpose.
   A.   To promote, as a matter of public policy, the preservation, protection, and enhancement of those buildings, properties, structures, sites, and incidental appurtenances used for commercial purposes that generate gross receipt tax revenue for the city in the area described as:
      1.   Main Street, beginning at Avenue R and ending at Love Street, bounded on the east by the east edge of the alley easementbetween Main Street and Love Street, and bounded on the west by the west edge of the alley between Main Street and 1st Street. For properties that do not have an alley built or platted, the boundary will be assumed as the number of feet from the public right-of-way to the alley that would exist if it were platted or built;
      2.   Avenue D, beginning at 17th Street and ending at Commercial Street, bounded on the north by the northern edge of the alley easement between Avenue D and Avenue C, and bounded on the south by the southern edge of the alley easement between Avenue D and Avenue C. For properties that do not have an alley built or platted, the boundary will be assumed as the number of feet from the public right-of-way to the alley that would exist if it were platted or built;
      3.   In the event the property within the district is subdivided, zoning may not be changed.
   B.   This district is created in the interest or prosperity, civic pride, and general welfare of the city, to prevent urban blight by:
      1.   Providing a mechanism to preserve, protect, enhance, and perpetuate those structures, properties, sites, buildings, and incidental appurtenances used for commercial purposes in designated areas;
      2.   Fostering civic pride and respect in the community's future;
      3.   Maintaining and improving property values;
      4.   Protecting and enhancing the community's attraction to tourists and visitors;
      5.   Promoting the structures, property sites, buildings, and incidental appurtenances for the general welfare of the community; and
      6.   Fostering and encouraging preservation, restoration, and rehabilitation of structures, properties, buildings, sites, and incidental appurtenances, thereby preventing urban blight; and
      7.   Increase municipal revenues that will be used for the operation, repair, maintenance, and improvement of the community.
(Ord. 569 (part), 2019)
17.34.030   Definitions.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “Alteration” means any act or process that changes one or more of the exterior features of a structure through the erection, construction, reconstruction, or painting a part thereof.
   “Building” means any structure with walls or roof, site, or property used for commercial purposes within the designated area as set forth in this chapter.
   “District” means the area described in Section 17.34.020.
   “Repair” means an applied coating of paint or stain to the exterior of a structure, or upkeep of any stucco, sheetrock, wood exterior, stone, rock, glass, or other exterior covering of a building, site, property, or structure; and/or any change that is not construction, removal, or alteration.
   “Structure, site, building, property, or incidental appurtenances” means anything already constructed, to be constructed or erected, in the designated area referenced in this chapter, the use of which requires permanent or temporary location on or in the ground, including, without limiting the generality of the foregoing, buildings, fences, gazebos, signs, radio and television antennas, including supporting towers, and any other structure or building that would normally be allowed in a commercial zone.
   “Urban nuisance” means:
      1.   Any structure, property, building, site, or incidental appurtenance that is not properly maintained. Maintenance requirements are listed in Section 17.34.120.
      2.   Any structure, property, building, site, or incidental appurtenance to exist, which, because of the condition of the exterior, invites vandalism, graffiti, damage to the building, unlawful entry by persons not otherwise authorized to be present in the area, affects the overall structural maintenance of the structure, property, building, and site, in a manner as to allow rodents or other vermin to infest the area, or which in any manner affects the public's health or safety, in general, or as regards the immediate property owner or adjoining property owners.
(Ord. 569 (part), 2019)
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