Doña Ana County



The Doña Ana County/City of Las Cruces Extraterritorial Zoning Authority is seeking public comment on proposed changes to the Extra-Territorial Zoning Ordinance. A public hearing to outline the proposed changes and solicit input is scheduled at 5:30 p.m. Wednesday, Feb. 15, in the Commission Chambers of the Doña Ana County Government Center.

In summary, the main proposed changes to the ordinance are as follows:

1) Child-care or day-care centers with seven or more children in a residential zoning district may be approved by a Special Use Permit (SUP).

2) Industrial zoning is currently required for wineries and/or wine tasting rooms, but may be approved in residential-land use classifications and Neighborhood Commercial zones by SUPs, providing the grapes are grown or processed on site and the property is assessed by the Doña Ana County Assessor’s Office as agricultural land.

3) Clarification of Section 3.1 that a SUP for accessory dwellings follows the procedures of Section 7.2 of the Ordinance.

4) Event center added to the list of permitted uses by a SUP in the Community Commercial zoning classification.

5) The existing Home Occupation Section 3.4 has been deleted and revised to establish detailed guidelines and procedures for specific types of home-based businesses and activities that the public may engage in, such as professional offices and services, instructional services, home artisans, small-item repair and day-care/child-care uses. These businesses may be permitted in a residential dwelling, providing compliance with specific regulations and all applicable codes and ordinances are followed.

6) The side and rear yard setback requirements have been reduced from 10 feet to 5 feet for accessory buildings not exceeding 600 square feet in size. Accessory structures shall not exceed the height of the primary structure, not to exceed 25 feet and shall not project beyond the primary dwelling unit or the front yard setbacks for lots less than one-half acre.

All questions, comments or concerns in advance of the public meeting can be directed to Janine Divyak by email at or by telephone at (575) 525-6130 on or before Feb. 8, 2012.

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Reporters seeking more information or interviews: may call county Public Information Director Jess Williams at (575) 525-5801.