Espanola City Zoning Code
ARTICLE II
Administration and Enforcement
§ 201 Planning Director.
The Planning Director shall have the following powers and duties:
A.
Public information. The Planning Director shall supply the public with information about and interpretations of this chapter, the Official Zoning Map and the Comprehensive Plan.
B.
Authority and duty. The Planning Director shall hold public hearings in accordance with Article X and shall approve, conditionally approve or disapprove applications for approval of residential site plans for expansion to existing residences or associated accessory structures, where the expansion amounts to 20% or less of the floor area of the structure(s) existing at the time of adoption of this chapter, not to exceed a total area of a maximum of 5,000 square feet of gross floor area.
C.
Commercial site plans shall require review and recommendation by the DRT. Upon such review, the Planning Director may approve, conditionally approve or refer the site plan to the Planning Commission for further review.
D.
Administrative authority and duty. The Planning Director may approve, conditionally approve or disapprove the following applications:
(1)
Signs. Sign permits may be approved or conditionally approved by the Planning Director if the application satisfies the provisions set forth in Article IX.
(2)
Fences. Applications may be filed with the Planning Director for construction of fences. The Planning Director may order issuance of a permit if the application satisfies the provisions of § 601.
(3)
Accessory structures. For the purposes of this subsection, accessory structures are those structures that do not require a building permit, such as those defined in this chapter as a temporary use, but which meet the site development standards set forth in § 1203, provided that all provisions within the Española Municipal Code are met.
(4)
Temporary use permits. Applications shall be filed with the Planning Director for temporary use permits. The Planning Director may issue the permit if the application satisfies the provisions of § 608. The Planning Director may not issue a temporary use permit for longer than six months; for any period longer than six months, the applicant must apply to the Planning Commission (see § 302-I).
(5)
Landscape plans. Application may be made for landscape plans after site plan approval or conditional approval or when required as part of the conditional approval of a special use permit by the Planning Director to the Planning Commission. The Planning Director may approve or conditionally approve landscape plans in accordance with §§ 1002G, 1304 and 1305.
(6)
Mobile/manufactured/modular home. Applications shall be filed with the Planning Director for the installation or construction, respectively, of a mobile, manufactured or modular home.
(7)
Business registration review. New businesses opening within the City of Española must submit a land use/site development permit as part of their business license submittals during the application process with the City Clerk (listed as the "site development permit" on the City Clerk's submittals list) The Planning Director has the discretion to waive this permitting process, based on the type of business being proposed — e.g., a home-based office business.
E.
Referral to the Planning Commission. The Planning Director shall refer any application to the Planning Commission when required by this chapter or when the Planning Director determines that there are unusual conditions or unique circumstances that warrant review and decisionmaking by the Planning Commission.
F.
Code interpretation. The Planning Director shall interpret the Development Code and may take any necessary or appropriate action based on such interpretation. The Planning Director shall not be required to accept an application or take any other action inconsistent with the Planning Director's interpretation of the Development Code. The Planning Director shall, upon request, provide the applicant with a written explanation of the Director's actions under this subsection.
G.
Enforcement. The Planning Director shall be responsible for carrying out the provisions of this chapter and for taking actions necessary to enforce the provisions of this chapter.
§ 202 Planning Commission.
A.
Establishment and membership. A Planning Commission is hereby established, which shall consist of seven members appointed by the Mayor and approved by the City Council. The members shall serve staggered two-year terms and shall continue to serve until they are removed or their successors are appointed. Four members constitute a quorum, and the Chairman shall vote on all matters.
B.
Vacancies. Vacancies shall be filled for the unexpired term.
C.
Removal of members. Members may be removed for cause by the Mayor with approval of the City Council upon written explanation and after public hearing. Members may be removed for cause after four unexcused absences. Excused absences require 15 days' advance notice to the Planning Director.
D.
Proceedings of the Planning Commission. The Commission shall keep the minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Planning Department and shall be a public record.
E.
Meeting dates. Meetings shall be held at the call of the Planning Director or Chairman and at such other times as the Commission or Planning Director may determine, but at all times in compliance with the City's Open Meetings Act Resolution.
F.
Members of the Commission shall elect a Chair and Vice Chair by secret ballot on a yearly basis. No member shall serve as Chair for more than two successive years.
G.
Members of the Commission shall live within the planning and platting jurisdiction of the City of Española. No more than two members shall live outside the municipal boundaries.
H.
The Planning Commission shall have the following powers and duties:
(1)
Final decisions. The Planning Commission shall hold a public hearing in accordance with the requirements of Article X and shall have the authority to approve, conditionally approve or disapprove the following:
(a)
Applications for variances.
(b)
Applications referred to the Planning Commission by the Planning Director.
(c)
Applications for approval of a site plan, except an application on which the Planning Director acts pursuant to § 201B.
(d)
Applications for a special use permit.
(e)
Appeals in accordance with this article, including appeals from a decision of the Planning Director requiring an interpretation of the Development Code. The Planning Commission shall affirm the interpretation of this code determined by the Planning Director, or remand the matter to the Planning Director for further consideration in accordance with the instructions of the Planning Commission.
(2)
Advisory powers and duties. The Planning Commission shall hold a public hearing in accordance with the requirements of Article X and shall forward a recommendation to the City Council on the following applications:
(a)
Application for adoption of and amendments to the text of this chapter.
(b)
Application for adoption of and amendments to the Official Zoning Map (rezoning).
(c)
Application for adoption of and amendments to the Comprehensive Plan. The Planning Commission may from time to time recommend amendments, extensions or deletions to the Comprehensive Plan or carry any part or subject matter into greater detail.
(d)
Application for addition, deletion or change to the use categories allowed in any district.
J.
Biennial review. The Planning Commission should complete a biennial review of the text of this chapter, the Official Zoning Map and the Comprehensive Plan to determine whether each is correct and that no conflicts exist, and shall forward a recommendation to the City of Española Council for any necessary or desirable corrections or changes.
K.
Meetings. Four members of the Planning Commission shall be a quorum for the conduct of business of the Commission and shall require a motion and affirmative vote of at least a majority of the Planning Commission present to approve or overturn a decision of the Planning Director or the Development Review Team. The Planning Commission shall automatically continue matters not acted upon by virtue of a lack of quorum.
§ 203 Development Review Team (DRT).
A.
The Development Review Team shall consist of the Planning Director (who shall act as Chairman), Utilities Director, Public Works Director, Parks, Recreation Director, City Engineer, Police Chief, Fire Chief and any other department head who could or may have issues with the proposed development.
B.
The purpose of the DRT is to review development applications and to advise the Planning Commission, other boards and commissions and the City Council.
C.
All members of the DRT shall issue written recommendations, comments or findings to the appropriate decisionmaking authority. If, upon review, conditions are found that do not impact a specific department, a statement to that effect shall be issued by the appropriate Department.
D.
The DRT shall hold regular meetings at times and places prescribed by the Chairman. The DRT shall determine its own rules and order of business.
F.
The DRT shall review complete applications within 30 days of receipt by the Planning Department and make timely recommendations to the Planning Director or the Planning Commission, as appropriate, on the following:
(1)
Proposed amendments to the Official Zoning Map.
(2)
Special use permits.
(3)
Commercial site plans.
(4)
Determination of uses and additions, deletions or changes in category to uses allowed.
(5)
Other matters referred to it by the Planning Director, Planning Commission, City Manager or the City Council.
G.
The DRT shall automatically continue matters not acted upon by virtue of a lack of a quorum no more than 20 working days.
§ 204 Purpose.
§ 205 Responsibilities of Planning Director.
The Planning Director shall be responsible for enforcing the provisions of this chapter, except where the provisions of this chapter clearly designate enforcement authority to another official. If the Planning Director finds that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and setting forth the necessary corrective action.
§ 206 Review of zoning compliance.
No department, official or employee of the City of Española shall issue any building permit or otherwise authorize any type of construction or improvement to land or buildings or a combination thereof until there has been an endorsement of zoning compliance, in writing, by the Planning Director.
§ 207 Filing of complaints.
Whenever an alleged violation of this chapter occurs, any person may file a compliant. Complaints shall be filed with the Planning Director, who shall be responsible for conducting an investigation and may take such actions as he deems necessary to gain compliance with the provisions of this chapter.
§ 208 Violations and penalties.
A.
Violators of the provisions of this chapter or persons failing to comply with any of its requirements shall, upon conviction, be punishable by a fine up to but not more than $500 and/or 90 days in jail, or both, for each violation found. Each calendar day of violation shall constitute a separate offense.
B.
The owner or tenant of any building, structure, premises or its part or any architect, builder, contractor, agent or any person who commits, participates in, assists in or maintains a violation may each be found guilty of a separate offense and suffer the penalties provided in this section.
C.
Nothing contained in this section shall prevent the City from taking such other lawful action as may be necessary to prevent or remedy any violation or to bring an action to enjoin any violation of this chapter.