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City of Española, NM
Rio Arriba County
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Table of Contents
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New Laws (10) Index
This chapter, as amended from time to time may be cited as the "Utility Ordinance of the City of Española" or simply as the "Utility Ordinance."
The City Council of the City of Española, New Mexico, pursuant to the laws of the State of New Mexico (NMSA 1978 §§ 3-18-25, 3-26-3, 3-18-22), hereby ordains and enacts into law the following regulations.
The provisions of this chapter shall apply within the corporate limits of the City of Española, as well as any extraterritorial zone or jurisdiction that is or may be put in place.
State law references: NMSA 1978 §§ 3-27-3, 3-26-1.
The regulations contained herein are provided to promote the proper management of land, structures, land and structures in combination, as well as water lying within, above, below and around the jurisdiction of the City of Española, and to ensure the protection of the health, safety and welfare of the general public
This chapter shall apply to all lands, and their associated rights, including surface and subsurface water rights, lying within, above, below and around the City of Española, including lands belonging to other public agencies, organizations and groups, including those belonging or falling under the control of federal, state or other local governments.
A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. Questions or conflicts regarding the actual and/or intended meanings of terms, sections or articles of this chapter shall be reviewed utilizing the standards set forth by the New Mexico Standards and Specifications for Public Works, American Public Works Association, American Water Works Association, Uniform Plumbing Code, Uniform Building Code and the Uniform Zoning Code as published by the International Conference of Building Officials.
B. 
Additional interpretive assistance can and may be garnered from the Española Municipal Code Appendix C.[1]
[1]
Editor's Note: See Ch. 350, Zoning and Development.
C. 
Zoning, the Zoning Encyclopedia, the Zoning Dictionary and the Zoning Compendium, all published by Lehman & Associates and known and referenced more commonly as the "Zoning Trilogy," as well as those terms utilized and listed in the Española Municipal Zoning Ordinance. Each of these documents and publications shall be maintained and kept on file for public review in the Planning and Zoning office.
It is not intended that this chapter interfere with, abrogate, annul or repeal any ordinance, rules or regulations previously adopted and not in conflict with any of the provisions of this chapter or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that where such use is in direct violation of this chapter, except as provided for in § 300-8. Should a conflict arise with another ordinance, law, rule or regulation, the stricter of the two shall apply.
This chapter does hereby repeal Ordinance No. 2001-01 and all amendments thereto.