The city commission has the powers and duties that are expressly identified in this UDO and the city code, including:

A.

Approving members of the planning and zoning commission as provided by city code;

B.

Taking final action on UDO text amendments, zoning map amendments, conditional use permits and beneficial use determinations;

C.

Taking such other actions not expressly delegated to the planning and zoning commission or others under this UDO, as the city commission may deem desirable and necessary to implement the provisions of the comprehensive plan and this UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Composition. The planning and zoning commission shall consist of seven members to be nominated and appointed by the mayor with the advice and consent of the city commission. At least one member must be an officer, agent, employee or representative of a public utility operating and performing services within the city, and at least one other member must be a member of the city commission. The city manager, the building inspector, and the director of building safety may serve as ex-officio, nonvoting members of the planning and zoning commission.

B.

Terms. Members of the planning and zoning commission serve two-year terms.

C.

Vacancies. Whenever a vacancy occurs on the planning and zoning commission, an appointment for the remainder of the vacant term must be made within thirty days, in the same manner as regular appointments.

D.

Officers.

1.

At an annual organizational meeting, the members of the planning and zoning commission shall elect a chair and vice-chair from among its members. The chair and vice-chair's terms must be for one year with eligibility for re-election. No member may serve as chair for more than two consecutive terms. The chair is responsible for administering oaths and for taking actions necessary to preserve order and the integrity of all proceedings before the planning and zoning commission. In the absence of the chair, the vice-chair must act as chair.

2.

The director of building safety shall serve as secretary of the planning and zoning commission. The secretary must keep minutes of all proceedings, which must include a summary of all proceedings before the planning and zoning commission and a record of the vote of all members upon every question. The director of building safety is also responsible for keeping audio recordings of all planning and zoning commission meetings.

E.

Quorum. Except as otherwise expressly stated in the UDO, four members of the planning and zoning commission constitutes a quorum necessary to act and transact business.

F.

Removal from Office.

1.

After a public hearing and for good cause stated in writing and made part of the public record, any member of the planning and zoning commission may be removed upon approval by the city commission.

2.

If any member of the planning and zoning commission fails to attend three consecutive meetings or has been absent from more than fifty percent of the meetings during any twelve-month period, the chair of the planning and zoning commission must notify the mayor. The mayor must then declare the member's seat vacant and appoint a new member in the same manner as regular appointments.

G.

Compensation. Planning and zoning commission members serve without compensation.

H.

Conflicts of Interest. Any member of the planning and zoning commission who has a conflict of interest in the outcome of any policy, decision or determination before the planning and zoning commission on which they serve shall, as soon as possible after such interest becomes apparent, disclose to each of the other members the nature of his financial interest in the issue and then be disqualified from participating in any debate, decision or vote relating to the matter.

I.

Meetings. Planning and zoning commission meetings must be held as required to dispense of matters properly presented before the planning and zoning commission. Additionally, meetings may be called by the chair or at the request of three planning and zoning commission members. All planning and zoning commission meetings must be in city hall or as designated by public notice in a place accessible to the public. All meetings shall comply with the New Mexico Open Meetings Act (NMSA 1978, Chapter 10, Article 15) and the Governmental Conduct Act (NMSA 1978, Chapter 10, Article 16).

J.

Powers and Duties. The planning and zoning commission shall have the following powers and duties:

1.

To study city and regional planning issues and the means of protecting and improving the environment for the citizens of Clovis;

2.

To promote the understanding of planning and environmental matters relating to land use and planning among public officials as well as the residents of Clovis;

3.

To review and make recommendations to the city commission concerning amendments to the comprehensive plan;

4.

To review and make recommendations to the city commission concerning UDO text amendments, zoning map amendments, and conditional use permits;

5.

To administer and enforce the provisions of this UDO;

6.

To undertake such other duties, responsibilities and powers as may be delegated to it by the city commission, including but not limited to powers delegated by this UDO and the subdivision regulations for the city.

(Ord. No. 2122-2019, § 3, 6-20-19).

In addition to the jurisdiction, authority and duties which may be conferred upon the planning department by other provisions of the Clovis City Code and the New Mexico Statutes, the planning department has the following jurisdiction, responsibilities and duties under this UDO:

A.

To review, consider and render interpretations of this UDO's text or the official zoning map;

B.

To review and make recommendations for the disposition of applications for various permits or approvals;

C.

To receive applications for development permits for processing pursuant to this UDO's terms;

D.

To serve as the secretary to the planning and zoning commission pursuant to this UDO's terms;

E.

To ensure that adequate public notice is provided for development application permits pursuant to this UDO's terms;

F.

To initiate requests to the city attorney to institute proceedings against the violators of this UDO;

G.

To undertake the planning and zoning commission's long-range comprehensive planning, development plan review and zoning review responsibilities;

H.

To review, as necessary, but at least every five years, the comprehensive plan and this UDO and recommend amendments to the planning and zoning commission and city commission;

I.

To coordinate other local, regional, state and federal planning and permitting processes affecting development in the city and to serve as liaison to such local, regional, state and federal planning agencies having jurisdiction over city development.

(Ord. No. 2122-2019, § 3, 6-20-19).

The building inspector must assist the planning and zoning commission with the administration of this UDO and has the following duties and responsibilities:

A.

To inspect buildings, uses, developments or other activities for compliance with this UDO;

B.

To make such investigations and written reports as the city manager or the city commission may direct;

C.

To enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures;

D.

To issue such notices and orders as may be deemed necessary for the purpose of enforcing compliance with the provisions of this UDO and the city code.

(Ord. No. 2122-2019, § 3, 6-20-19).

In addition to the jurisdiction, authority and duties that are conferred upon the city attorney by other provisions of the city code, the city attorney has the following authority and duties under this UDO:

A.

To review for form all written findings of fact and resolutions drafted by the planning department staff or planning and zoning commission in connection with any title requirement;

B.

To review for form all development agreements, easements, declarations of covenants, letters of credit, performance guarantees or other such documentation in connection with any title requirement; and

C.

To advise the city commission, planning department staff and planning and zoning commission in regard to the legal issues which may arise during implementation of the comprehensive plan and this UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).

A final decision on the review and approval procedures of Chapter 17.65 may be appealed to district court, pursuant to Section 3-21-9 NMSA 1978, provided that all local appeals and remedies have been exhausted. Specifically, matters that could be resolved via a variance, appeal of administrative decision or a beneficial use determination may be submitted to district court only upon completion of the local appeal procedures specified in this UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).