A.

A zoning enforcement officer will be appointed by the city council to administer and enforce this title. The zoning enforcement officer shall also serve as the building official authorized to enforce the provisions of the building code of the city.

B.

The zoning enforcement officer has the authority to enter all buildings and premises for the purpose of inspection, provided, however, that no dwelling may be entered without the consent of the occupant or owner unless at least twenty-four (24) hours' notice of intent to enter has been served upon the occupant or owner. The zoning enforcement officer may institute any appropriate action or proceeding to prevent, restrain, correct, or abate a violation of this title.

C.

No building or structure will be erected, improvements constructed, nor mobilehome installed upon any premises within the city of Belen without being reviewed by the zoning enforcement officer to determine compliance with this title. Building permit applications and plans will be submitted to the zoning enforcement officer for review and signature before being transmitted to the city building inspector with the appropriate building permit fee. No mobilehomes, or manufactured housing, may be located within the city of Belen without obtaining a mobilehome installation permit on a prescribed application form provided by the zoning enforcement officer and accompanied by an administrative fee in accordance with this title. A letter of zoning compliance must be obtained from the city of Belen zoning enforcement officer before applying for connection to public utilities. Property owners will be informed immediately if a zoning action is required.

D.

Whenever, in the course of administration and enforcement of this title, it is necessary to desirable to make any administrative decision, then, unless other standards are in this title provided, the decision will be made by the zoning enforcement officer so that the result will not be contrary to the spirit and purpose of this title or injurious to the surrounding neighborhood.

E.

The zoning enforcement officer shall maintain an office to supply the public with any information concerning this title and shall maintain the official Belen zoning atlas in an updated form. A zoning action file shall be established and maintained and shall contain accounts and related records of the following:

1.

Conditional use permits;

2.

Variances allowed under this title;

3.

Application for zone changes and amendments;

4.

Certificates of nonconformance;

5.

Zoning appeal;

6.

Building permits;

7.

Violations;

8.

Mobilehome installation permits.

(Ord. No. 2015-14, 11-16-2015)

A.

No conditional use shall be established in any zone district except upon permit issued by the planning and zoning commission, which shall be guided in making a decision by the criteria set forth in this section. Any person seeking a conditional use permit shall provide to the planning and zoning commission such information as it may reasonably require to determine whether the grant of the requested conditional use permit is consistent with the intent and purpose of this title.

B.

Any request for a conditional use permit shall be submitted to the planning and zoning commission through the zoning enforcement officer on prescribed application forms. The planning and zoning commission shall approve or disapprove the application following consideration at one (1) of its regular meetings. The planning and zoning commission shall conduct a public hearing on each request for conditional use. Public notice shall be given in a newspaper of general circulation in the area at least fifteen (15) days prior to the date of the meeting. Notice of the public hearing, time, date, place and a brief description of the requested conditional use shall be mailed by certified mail, return receipt requested to the owners of land within one hundred (100) feet of the exterior boundary of the tract of land where the conditional use is requested.

C.

In considering an application for a conditional use permit, the planning and zoning commission shall not grant any conditional use permit unless satisfactory provision and arrangement has been made concerning the following, where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to refuse and service areas;

3.

Public and private utilities, with reference to locations, availability, and compatibility;

4.

The economic, noise, glare, or odor effects of the conditional use on adjoining properties; and

5.

General compatibility with adjacent properties and other property in the district.

D.

The following conditional uses are limited to six (6) months duration, at the end of which time such use must be reviewed and a new permit granted in order for it to be continued:

1.

Amusement parks, carnival, circus. Conditional use in any A-R, C-1 or M-C zone.

2.

Dwelling, temporary watchman or caretaker. Conditional use in all zones.

3.

Offices, temporary (real estate sales, etc.). Conditional use in all zones.

4.

Flea markets as a conditional use in the C-1 and M-C zones, subject to the following requirements:

a.

There shall be at least two (2) off-street parking spaces per rental stall on the premises;

b.

Adequate refuse containers shall be provided to control litter;

c.

Adequate sanitary facilities (restrooms), either portable or permanent, shall be provided on site;

d.

Sale of animals is prohibited with the exception of dogs, cats, rabbits, birds and other common household pets;

e.

No merchandise intended for sale shall be stored on site after business hours which shall be between 7:00 a.m. and 6:00 p.m.,

f.

All tarps, tents or sunshades must be securely attached to prevent a safety hazard and must be removed at daily closing time; and

g.

A site plan designed in accordance with the above requirements shall be submitted as part of the approval process.

E.

The planning and zoning commission may impose supplementary regulations and special conditions on requests for conditional uses. Any special conditions imposed by the planning and zoning commission shall apply in addition to the district regulations, and shall govern over any less restrictive zoning regulation.

(Ord. No. 2015-14, 11-16-2015)

A.

The planning and zoning commission may grant a variance from the strict application of area, height, dimension, distance, setback, off-street parking, and off-street loading requirements of this title in the case of exceptional physical conditions where the strict application of the requirements of this title would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of land or building.

B.

A request for a variance shall be submitted to the planning and zoning commission through the zoning enforcement officer on prescribed application forms. The planning and zoning commission shall approve or disapprove the variance request at one (1) of its regular meetings, or at a special hearing if necessary. Public notice shall be given in a newspaper of general circulation in the area at least fifteen (15) days prior to the date of said meeting. Notice of the public hearing date and a brief description of the requested variance shall be mailed by certified mail, return receipt requested to the owners of land within one hundred (100) feet of the exterior boundary of the tract of land where the variance is requested.

C.

The applicant must post and maintain one (1) or more signs on the premises involved, as provided and where instructed by the zoning enforcement officer, at least fifteen (15) days prior to the date of consideration by the planning and zoning commission. The applicant is responsible for removing such signs within five (5) days after the planning and zoning commission issues its decision on the variance request. Failure to properly post signs is grounds for deferral or denial of the application. It is unlawful for any person, except the applicant or an agent for the applicant or the city of Belen, to remove or tamper with any such required sign during the period it is required to be maintained under this paragraph.

D.

The planning and zoning commission may attach any conditions to the grant of a variance in order to assure that the requested variance:

1.

Will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property;

2.

Will not significantly change the character of the neighborhood or reduce the value of nearby property;

3.

Will not impose any significant cost burden upon the city of Belen; and

4.

Will be in harmony with the general purpose and intent of this title.

(Ord. No. 2015-14, 11-16-2015)

A.

1.

Applications for amendment to the map or text of this title may be made by the owner of record for the property where the zone change is requested, or by the planning and zoning commission.

2.

Except in the event where a legal lot of record is divided by a zoning district boundary, no request to change the zoning classification on any portion of a legal lot of record shall be considered unless such change will establish a uniform zoning classification for the entire lot.

B.

Amendments to the map or text of this title are initiated by application to the zoning enforcement officer on prescribed forms. Each application for an amendment to the Belen zoning atlas shall be accompanied by the filing fee and a sketch showing the location and dimensions of the property, adjoining property, abutting streets and alleys, and any other related information requested by the planning and zoning commission or the city council. Applications involving change to a special use zone must include development plans as required in chapter 17.44 of this title. Submission of inaccurate information with an application is grounds for denial.

C.

Request for all zone changes shall first be examined by the planning and zoning commission in order to determine if they are spot zoning as defined by this title. Any zone change requests determined by the planning and zoning commission to be spot zoning shall not be given a positive recommendation to the city council.

D.

The planning and zoning commission shall hold a public meeting to evaluate proposed zone changes or amendments to this title and shall submit a recommendation in writing to the city council. Notice of the public meeting shall be given in a newspaper of general circulation in the area at least fifteen (15) days prior to said meeting.

E.

The planning and zoning commission shall present its written recommendation to the city council following any application for a zone change or amendment to this title within forty-five (45) days after receipt thereof. The city council shall begin proceedings to consider such application for a zone change or amendment to this title upon receipt of the written recommendation of the planning and zoning commission.

F.

The city council shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least fifteen (15) days prior to the hearing. Whenever a change in zoning is proposed for an area of one (1) block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of the land within the area proposed to be changed by a zoning regulation and within one hundred (100) feet, excluding public right-of-way of the area proposed to be changed by the zoning regulation. If the requested zone change is approved by the city council, such zone change shall be by ordinance. If the requested zone change is for a specific purpose, as set forth in the minutes of the council meeting or zone change application, then the property rezoned shall be utilized for that specific purpose within one (1) year of the effective date of the ordinance or the property rezoned shall revert back to its prior zoning status.

G.

The applicant must post and maintain one (1) or more signs on the premises involved, as provided and where instructed by the zoning enforcement officer, at least fifteen (15) days prior to the date of the public meeting conducted by the planning and zoning commission. The applicant is responsible for removing such signs within five (5) days after the public hearing conducted by the city council is completed. Failure to properly post signs is grounds for deferral or denial of the application. It is unlawful for any person, except the applicant or an agent for the applicant or the city of Belen, to remove or tamper with any such required sign during the period it is required to be maintained under this paragraph.

H.

If the owners of twenty (20) percent or more of the land area proposed to be changed by zoning regulation or the land area within one hundred (100) feet, excluding public right-of-way, of the land area proposed to be changed by zoning regulation, protest in writing the proposed change shall not become effective unless such change is approved by a majority vote of all members of the city council.

I.

Supplementary regulations and special conditions may be imposed by the city council with or without a recommendation from the planning and zoning commission. Conditions attached to a change in zoning districts shall govern over any less restrictive zoning regulation unless specifically provided otherwise. All district regulations not specifically affected by a conditional zoning shall apply in the same manner as if the zoning district were not subject to conditions.

(Ord. No. 2015-14, 11-16-2015)

A.

Annexation and zoning of land to the city of Belen is initiated by application to the zoning enforcement officer on prescribed forms.

B.

Requests for annexation shall first be reviewed by the planning and zoning commission to examine the request for conformance with city policy and to determine the appropriate zoning for the territory to be annexed to the city of Belen. The planning and zoning commission shall hold a public hearing on the request. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least fifteen (15) days prior to the hearing. Notice of the public hearing time, date, place and a brief description of the location and size of the request shall be mailed by certified mail, return receipt requested to the owners of land within one hundred (100) feet of the land proposed for annexation and zoning of territory being annexed, excluding easements and public right-of-way. This notice shall be mailed at least fifteen (15) days prior to the date of hearing.

C.

The city council shall hold a public hearing, at which time the council shall receive the recommendation from the planning and zoning commission on the annexation and determination of the appropriate zone. Further, the city council of the city of Belen shall receive public comment on the proposed zones. The same public notification procedures required for the public hearing before the planning and zoning commission are required for the public hearing conducted by the city council.

D.

After the hearing conducted by the city council of the city of Belen on the annexation request and proposed zoning of territory annexed to the city of Belen, the council shall, by ordinance, designate permanent zones for the annexed territory.

(Ord. No. 2015-14, 11-16-2015)

A.

Any person aggrieved by an interpretation, decision or action of the zoning enforcement officer or the planning and zoning commission in administering this title may appeal such interpretation, decision or action to the city council.

B.

Appeal shall be initiated by application and filing fee to the zoning enforcement officer on prescribed forms within thirty (30) days of the contested determination made by the zoning enforcement officer or the planning and zoning commission.

C.

Decision on an appeal shall be made by the city council following a public hearing. Public notice of an appeal hearing shall be given in the same manner as prescribed for a zone change in this title. The city manager shall give written notice of an appeal, together with a notice of the date, time, and place of hearing to the applicant, each member of the planning and zoning commission, and a representative of the opponents, if any. An appeal shall be decided within three months of the date of its filing.

D.

The concurring vote of at least two-thirds ( 2/3; ) of the members of the city council is required to reverse a determination made by the zoning enforcement officer or the planning and zoning commission.

(Ord. No. 2015-14, 11-16-2015)

A.

Variances, conditional use permits, zone changes, amendments, appeals and mobilehome installation permits shall not be considered until there is first paid a fee as required below, except that such fee shall not be required where the city of Belen or any official or body thereof is the moving party. The amount of required fees is as follows:

1.

For consideration of a variance application, one hundred fifty dollars ($150.00);

2.

For consideration of a conditional use permit, one hundred fifty dollars ($150.00);

3.

For consideration of zone changes and amendments to this chapter, two hundred fifty dollars ($250.00);

4.

For consideration of an appeal to the city council under the provisions of this chapter, one hundred dollars ($100.00);

5.

For consideration of mobile/manufactured homes on a permanent foundation an installation permit fee of two hundred fifty dollars ($250.00);

6.

For consideration of mobilehome parks, rental spaces for mobilehomes, recreational vehicles and camping trailers, an installation permit fee of twenty-five dollars ($25.00).

B.

When an application is withdrawn after advertising for public hearing, the filing fee shall not be refunded.

(Ord. No. 2015-14, 11-16-2015)

Any person violating any of the provisions of this title shall upon conviction be subject to a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period not exceeding ninety (90) days, or both such fine and imprisonment. Any violation continued for a period of fifteen (15) days after conviction shall be prosecuted and treated as a separate offense.

(Ord. No. 2015-14, 11-16-2015)

The provisions of this title are held to be minimum requirements to carry out the purpose of this title and are not intended to interfere with, abrogate, or annul any easement, covenant, or other valid ordinance except that which is described by the repeal section of this title. Where this title imposes a greater restriction than is required by existing regulations, easements, covenants, agreements, or ordinances, the provisions of this title shall control. Regardless of any other provision of this title, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(Ord. No. 2015-14, 11-16-2015)