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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
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17.34.070   Height restrictions.
   No building shall exceed seven stories or seventy feet in height. (Ord. 569 (part), 2019)
17.34.080   Front yard.
   Where all the frontage on one side of a street between two intersecting streets is located in the "E" economic district, no front yard shall be required. Where the frontage on one side of the street between two intersecting streets is located partly in the "E" economic district and partly in a dwelling district, the front yard requirements of the dwelling district shall apply to the "E" economic district. (Ord. 569 (part), 2019)
17.34.090   Side yard.
   The side yard regulations for allowable dwellings per this chapter are the same as those in the "B" multiple dwelling districts. In all other cases, a side yard is not required except:
   A.   On the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five feet; provided, however, that if a side yard is provided where not required, it shall not be less than two and one-half feet in width;
   B.   On the street side of a corner lot that rears upon a dwelling district, in which case, there shall be a side yard of not less than five feet. (Ord. 569 (part), 2019)
17.34.100   Rear yard.
   A.   Where the lot abuts an alley, no rear yard shall be required for one-story buildings.
   B.   Where the lot abuts an alley, a rear yard of ten feet shall be provided for the two-story parts of buildings.
   C.   Where the lot does not abut an alley, there shall be a rear yard having a depth of not less than twenty feet, unless the lot is a lot of record on or before February 12, 1971, and is less than one hundred feet in depth, in which case, the rear yard need not exceed twenty per cent of the depth of the lot.
(Ord. 569 (part), 2019)
17.34.110   Interior courts.
   All interior courts shall have a width equal to at least the height of the highest part of the building forming the court.
(Ord. 569 (part), 2019)
17.34.120   Maintenance requirements.
   A.   Generally, the appearance and condition of the building or structure shall be maintained to present a safe and attractive streetscape to passersby.
   B.   A maximum of ten percent of the exterior facade may exhibit peeling paint, damaged stucco, or other deteriorated exterior visible surfaces.
   C.   The exteriors of the properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, an accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or city law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material, vehicles, vessels and trailers and/or any other items that give the appearance that the property is abandoned or solely used for storage purposes.
   D.   The exteriors of the property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the exterior color of the structure. Properly maintained murals of non-offensive nature may be permitted through the approval of the city commission.
   E.   Maintenance shall include, but shall not be limited to, watering, cutting, and mowing of required landscape and removal of yard waste.
   F.   A structure shall not have windows that are not weather-tight and/or window frames with more than fifty percent of the surface area covered with disfigured, cracked, or peeling surface materials for a period of more than sixty consecutive days.
   G.   In the case of boarded up windows and/or doors, in all cases the plywood or other covering shall be cut to precisely fit inside the entire window frame, and not merely tacked over the approximate location of the wall opening.
      1.   The covering shall be painted a dark ashen grey or black to simulate a typical exterior window color or by some other color in keeping with the building facade. These standards shall apply to the front and, in the case of corner structures, the side facing the avenue also. Alley exposures shall be exempt from the paint requirement.
      2.   The remainder of the building surface shall present a neat, attractive, well-maintained appearance, and present a base color and complimentary trim color, in addition to the color of the window covering(s).
      3.   Utilizing boards or other materials such as metal to secure broken windows or doors may only be used for no longer than thirty days, after which time the windows and/or doors must be repaired.
      4.   Permanent repairs shall be done in such a way that will complement the structure's appearance. Shuttering or enclosing materials, which are not glass, should be painted to compliment the building appearance.
      5.   All repairs should be done with the intention of improving the appearance of the existing structure, site, or property within the city.
   H.   A structure shall not have awnings with more than thirty percent of the surface area, torn, tattered, or missing for a period of more than thirty consecutive days.
   I.   Structural damage due to insects (termites or other wood-boring pests) where infestation affects structural components of any structural element (i.e., roof, floor joists, and the like) shall not be permitted for a period of more than sixty days.
   J.   The roof shall be maintained so that roof leaks do not threaten interior electrical components, interior contents, or create damp interior conditions as to promote mold, mildew, nor threaten adjacent structures, to include the host structure itself.
   K.   Properties being utilized for commercial purposes shall maintain parking lots and parking lot entrances. Parking lots and parking lot entrances, to include the curb and gutter bordering the property, shall be maintained and repaired with the material of which they are primarily constructed.
   L.   A building, property, site, structure, or incidental appurtenance that, because of its state of disrepair, is such that could reasonably cause injury, damage, harm, or inconvenience to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities, tastes, and habits living in the community.
(Ord. 569 (part), 2019)
17.34.130   Security requirements.
   A.   Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
   B.   A “secure manner” shall include, but shall not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows and other openings shall be secured as applicable by reglazing or temporary boarding of the windows, doors, or other openings until permanent repairs are accomplished.
   C.   If the property is owned by an individual, mortgagee, or corporation located outside of the city, it shall be required that a local point of contact is registered with the city. This point of contact must be updated with the city clerk annually. The local point of contact shall have the ability to perform monthly inspections of the property to verify compliance with the requirements of this chapter, and have the authority to receive all written correspondence and notices in regards to the property. Upon the request of the city, the point of contact shall provide a copy of the inspection report(s) to the city manager or his or her designee.
(Ord. 569 (part), 2019)
17.34.140   Additional requirements.
   The city manager, or his or her designee, shall have authority to require the mortgagee or owner of record of any property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any and all door, window or other openings, or other measures as may be reasonably required to help prevent further decline of the property.
(Ord. 569 (part), 2019)
17.34.150   Prohibition.
   It shall be unlawful for any person, corporation, or entity to cause, permit, or maintain a building in need of exterior repair as set forth above.
(Ord. 569 (part), 2019)
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