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Bosque Farms City Zoning Code

§ 10-1-15

Map and text amendments.

A. 
Intent. The major focus of any recommendations for change or endorsement of plans as presented shall be to promote the educational, cultural, and economic welfare of the Village by preserving and protecting neighborhoods and a rural lifestyle and to strengthen the economy of the Village by stabilizing and improving the property values to help property owners avoid any action which might tend to decrease property values.
B. 
Map amendment procedures.
(1) 
Amendment. Application for amendment to the Zone Map may be made by any landowner or his agent or by the Village of Bosque Farms or any official or body thereof.
(2) 
Application. Amendments to the Zone Map shall be initiated by application to the Village of Bosque Farms on prescribed forms and upon payment of an administrative fee. The administrative fee will be waived if the proposed change is initiated by the Planning and Zoning Administrator/Officer. A completed signed and notarized application form shall be received by the Planning and Zoning Administrator/Officer at least 20 days prior to the Commission meeting date when the application will be considered. Each application for an amendment to the Zone Map shall be accompanied by an accurate site plan, building plan, sketch, evidence of interest in property, and other related information as required by this Section 10-1, the Commission or the governing body. Submission of inaccurate information with an application is grounds for denial.
(3) 
Preliminary public meeting. The Commission shall hold a public meeting to evaluate proposed zone changes or amendments to this Section 10-1 and shall submit its recommendation in writing to the governing body. Notice of the public meeting shall be given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days prior to said meeting.
(4) 
Posting. Applicants requesting a zone change shall post a copy of the prescribed form on the property at the applicant's expense. Posting shall be in the form of a sign structure at least three feet high and large enough to receive the form. The sign shall be placed, at least 15 days prior to preliminary public meeting, in such a location that it can readily be viewed from the nearest roadway.
(5) 
Spot zoning. Any request for a change of zoning for a relatively small area which would establish a zone district that is inconsistent or incompatible with the surrounding area, and which might bring about a detriment to the surrounding area, shall be considered an inappropriate zone change and shall be given a negative recommendation from the Commission to the governing body, unless it is demonstrated that the public welfare will be served.
(6) 
Commission recommendation. All applications for an amendment to this Section 10-1 shall first be reviewed by the Commission, which shall submit a written recommendation concerning the application to the governing body. If the Commission fails to make such a written recommendation to the governing body within 45 days after receipt thereof, then the governing body shall act upon said application without a recommendation from the Commission.
(7) 
Final public hearing. The governing body 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 in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days prior to the hearing. The notice of public meeting published 15 days before the Commission meeting shall be considered sufficient notice if it also has included the time and place of the public hearing to be held by the governing body. Whenever a change in a zoning district boundary is proposed, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.
(8) 
Decision. If the owners of 20% or more of the area of the lots and of land included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation protest in writing to the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a majority vote of all the members of the governing body.
C. 
Ordinance text change procedures.
(1) 
Amendment. Application for amendment to the text of this Section 10-1 may be made by any landowner or his agent or by the Village of Bosque Farms or any official or body thereof.
(2) 
Application. Amendments to the text of this Section 10-1 shall be initiated by application to the Planning and Zoning Administrator/Officer on prescribed forms and upon payment of an administrative fee. The administrative fee will be waved if initiated by the Village of Bosque Farms. A completed signed and notarized application form shall be received by the Planning and Zoning Administrator/Officer at least 20 days prior to the Commission meeting date when the application will be considered.
(3) 
Preliminary public meeting. The Commission shall hold a public meeting to evaluate proposed zone changes or amendments to this Section 10-1 and shall submit its recommendation in writing to the governing body. Notice of the public meeting shall be given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days prior to said meeting.
(4) 
Commission recommendation. All applications for an amendment to this Section 10-1 shall first be reviewed by the Commission, which shall submit a written recommendation concerning the application to the governing body. If the Commission fails to make such a written recommendation to the governing body within 45 days after receipt thereof, then the governing body shall act upon said application without a recommendation by the Commission.
(5) 
Final public hearing. The governing body 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 given in accordance with the Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4) at least 15 days prior to the hearing.