(a)

Right of appeal. Anyone aggrieved by a decision of the Administrator in carrying out the provisions of this article may appeal the decision to the Planning and Zoning Commission. Appeal of the Decision of the Planning and Zoning Commission may be appealed to the Governing Body. An appeal must set forth specifically wherein it is claimed there was an error or an abuse of discretion, or where the decision was not supported by substantial evidence.

(b)

Application. Any appeal following a decision of the Administrator or Planning and Zoning Commission shall be made in writing to the Governing Body, together with payment of the applicable filing fee. Any appeal not submitted within 20 days after the decision which is the subject of the appeal shall not be considered by the Governing Body. The day of determination is not included in the 20-day period for filing of appeal, and if the 20th day falls on a Saturday, Sunday or national holiday, the next working day is considered as the deadline for filing the appeal.

(c)

Public hearing. The hearing before the Governing Body is an appeal on the record of the Planning and Zoning Commission. The decision of an appeal shall be made by the Governing Body following a public hearing. The hearing at which an appeal will be heard must receive legal notice if the decision appealed was on a matter requiring legal notice. Appeals to the Governing Body shall be on the record as established below, and pursuant to such procedural rules as the governing body may adopt. No new evidence shall be taken except for good cause as may be determined in the discretion of the governing body.

(d)

Stay of proceedings. A proper appeal by an aggrieved party shall stay all proceedings in the action unless the Administrator or Planning and Zoning Commission determines that a stay will cause imminent peril to life or property. Upon such certification, the proceedings shall not be stayed except by order of the district court.

(e)

Decision. An appeal shall be decided within sixty (60) days of the date of application of the appeal. A majority vote of the members of the Governing Body is required to reverse, change or affirm a decision made by the Administrator or the Planning and Zoning Commission.

(f)

Appeals to district court. Anyone aggrieved by a final decision of the Governing Body may appeal that decision to district court pursuant to Rule 1-074 NMRA. Notices of decision issued by the Governing Body shall contain language that an appeal of its decision may be made to district court under Rule 1-074 NMRA, pursuant to NMSA 1978, Section 39-3-1.1.

History: Ord. No. 192, § 8-1-25, adopted 11-13-89; Ord. No. 06-02, adopted 5-23-06; Ord. No. 09-005, adopted 5-19-09; Ord. No. 22-01, adopted 3-22-22.