A. For the purpose of promoting health, safety, morals or the general welfare, a zoning authority may regulate 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;
(4) density of population; and
(5) location and use of buildings, structures and land for trade, industry, residence or other purposes.
B. The zoning authority may:
(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 3-21-1 through 3-21-14 NMSA 1978; and
(2) regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of building within each district, but regulation in one district may differ from regulation in another district.
C. All state-licensed or state-operated community residences for persons with a mental or developmental 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.
D. 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. The number of qualified electors shall be based on county records as of the date of the last general election.
E. Any village, community, neighborhood or district that is declared a traditional historic community shall be excluded from the extraterritorial zone and extraterritorial zoning authority of any municipality whose extraterritorial zoning authority extends to include all or a portion of the traditional historic community and shall be subject to the zoning jurisdiction of the county in which the greatest portion of the traditional historic community lies.
F. Zoning authorities shall accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits.
G. Notwithstanding the provisions of Subsections A through F of this section, a child care home shall be considered a residential use of property for purposes of zoning and shall be permitted by right. In the application of local ordinances or regulations to a child care home, a local authority shall not:
(1) impose additional regulations or requirements or require other discretionary local government review or approval, including conditional or special use permits, that do not also apply to other private residences within the same zoning district;
(2) assess or collect a fee or tax for the privilege of operating a child care home; or
(3) impose off-street parking regulations that exceed the off-street parking regulations for a single-family residence within the same zoning district.
H. Notwithstanding the provisions of Subsections A through F of this section, a licensed child care center shall be permitted by right in any zoning district designated as commercial, mixed-use or multifamily residential. In the application of local ordinances or regulations to a licensed child care center, a local authority shall not:
(1) assess or collect a fee or tax for the privilege of operating a licensed child care center;
(2) impose a different or more restrictive building, safety or nuisance ordinance than the ordinances applied within the same zoning district; or
(3) impose off-street parking restrictions or requirements; provided, however, that a zoning authority may require a licensed child care center to provide designated on-site stacking spaces or a lane for the safe and efficient loading and unloading of children; and provided further that:
(a) the number of stacking spaces required by the zoning authority shall not be more than one space per ten children of the center's proposed licensed capacity; and
(b) the licensed child care center shall be permitted to meet the staff parking needs through the use of available on-street parking spaces, shared parking agreements or off-site parking.
I. As used in this section:
(1) "child care center" means a licensed, nonresidential facility that provides child care and services to and supervision of children for less than twenty-four hours of any day;
(2) "child care home" includes a registered child care home, licensed family child care home or licensed group child care home, as defined in Section 9-29-2 NMSA 1978;
(3) "local authority" means a county or municipality, a zoning authority or any board, instrumentality or other body of a county or municipality that has authority to enact ordinances or adopt regulations;
(4) "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption;
(5) "permitted by right" means a use that is designated as an allowed use within a zoning district and does not require conditional use approval, special exceptions or permits, variances or any other discretionary approval by a local authority beyond compliance with the applicable standards of the zoning district; and
(6) "zoning authority" means the planning, zoning or land use regulatory body of a county or municipality.