Definition. The Village governing body may grant a variance from the strict application of area, height, dimension, distance, parking, loading, or setback requirements of this Section 10-1 in the case of exceptional physical conditions where the strict application of the requirements of this Section 10-1 would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of land or building only. Financial gain or loss shall not be a major determining factor in deciding a variance.

Application. A request for a variance shall be submitted to the Planning and Zoning Administrator/Officer on prescribed application forms, and upon payment of an administrative fee. 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. Public notice 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 date of said meeting. The Commission will then make its recommendations to the governing body, which at its regular meeting will either approve or disapprove the variance request.

Considerations. A variance shall be considered if:

Posting requirements. The applicant shall post and maintain one or more signs on the premises, as provided and where instructed by the Planning and Zoning Administrator/Officer, at least 15 days prior to the date of the Commission meeting at which the application will be heard. The purpose of the sign or signs is to provide public notice of the application for a variance. Failure to properly post such signs is grounds for deferral or denial of the application. The applicant is responsible for removing such signs within five days after a decision is made regarding the application.

Requirements. The governing body shall impose any necessary requirements or conditions in approving a variance in order to assure that the requested variance: