All departments, officials, and public employees of the city that are authorized to issue permits or certificates shall do so in full compliance with the provisions of this UDC. No permits, approvals, or certificates for use, building or other purpose shall be issued in conflict with the provisions of this UDC. Any permit, approval, or certificate issued in conflict with the provisions of this UDC shall be null and void.

7.2.1 Responsibility. The city council does not act in a review or recommending capacity. The council shall have the responsibilities assigned to it by NMSA 1978, § 3-12-1 et seq., the Municipal Code and this UDC.

7.2.2 Powers and duties. The city council shall have the following powers and duties as set forth in this UDC:

A.

Appointments. The Mayor, as leader and representative of the city council, shall have the responsibility of appointing and removing for cause any member of the planning and zoning commission and the administrative review board (ARB), subject to the approval of city council.

B.

Final action. The city council is authorized to hear and take final action on the following, subject to the provisions of section 7.2.1 above:

(1)

Special use permits;

(2)

Zoning map amendments (rezoning);

(3)

Planned developments;

(4)

Planned unit developments;

(5)

Text amendments;

(6)

Preliminary plans;

(7)

Dedication/vacation of streets and public property;

(8)

Waivers (of subdivision standards) pursuant to section 8.8.4, general provisions; and

(9)

Comprehensive plans and plan amendments.

7.3.1 Creation. The planning and zoning commission (commission) shall consist of nine members who shall be residents of the city, appointed by the Mayor and confirmed by the city council.

7.3.2 Membership; terms.

A.

Members of the commission may be appointed from professional and occupational groups within the city, which will provide administrative, legal, and technical expertise in the areas that fall within the jurisdiction of the commission.

B.

Members of the commission shall serve staggered terms of two years each. Following the expiration of such term, appointments to the commission shall be automatically extended until the vacancy is filled by appointment of the Mayor, and confirmed by the city council.

C.

A vacancy occurring in the membership of the commission shall be filled as soon as is reasonably possible by appointment by the Mayor and confirmation by the city council for the remainder of the unexpired term of such member.

D.

Since decision-making authority is delegated to the commission, alternate members-at-large shall not be appointed pursuant to Municipal Code, section 2-4-1.

E.

Members may be removed by the Mayor for cause, subject to the approval of the city council in the manner specified in NMSA 1978, § 3-19-2.

7.3.3 Rules of operation.

A.

Chair. The commission shall elect a chair from its members to serve for a term of one year with eligibility for re-election. The commission may fill such other of its offices as it may create in a manner prescribed by rules, which may be adopted by the commission and approved by the city council.

B.

Meetings. The commission shall hold at least one regular meeting each month, contingent upon having business; shall adopt rules for transaction of its business; all meetings of the commission shall be open to the public, and notice thereof shall be given in the manner provided by law.

C.

Records.

(1)

The commission shall keep a record of its resolutions, transactions, findings and determinations, which shall be a matter of public record.

(2)

Permanent records of all proceedings of the commission shall be kept and minutes thereof shall be submitted to the city council within ten days of the date of any meeting of the commission.

D.

Quorum. The commission may conduct an official meeting with a quorum of five members present. A majority vote of such quorum shall suffice for transaction of business. The chair or chair pro tem shall vote unless disqualified due to conflict of interest.

7.3.4 Powers and duties. The commission shall primarily act as a legislative advisory review commission to the city council. It shall be the duty of the commission to advise and submit its recommendations to the city council on matters submitted to it. More specifically, the commission shall have the following powers and duties, unless otherwise directed by the city council:

A.

Recommendations. The commission shall review and make recommendations to the city council on matters that are primarily of a legislative nature, subject to the terms and conditions set forth for such uses in this UDC for the following:

(1)

Special use permits;

(2)

Zoning map amendments (rezoning);

(3)

Planned developments;

(4)

Planned unit developments;

(5)

Text amendments;

(6)

Preliminary plans; and

(7)

Comprehensive plan (including plan amendments).

B.

Content of recommendation. Each commission recommendation to city council shall include a summary of the application, matter or action, the substance of the recommendation and the following:

(1)

Specific findings. Each advisory report may include specific findings upon the following:

a.

Consistency with the comprehensive plan; and

b.

Compliance with the applicable standards of this UDC.

(2)

Specific conditions. The commission may, in the interest of the public welfare and to assure compliance with this UDC, establish conditions of operation, location, arrangement, and construction of any use for which approval is recommended. In authorizing the location of any use, the commission may impose such development standards and safeguards as the conditions and location indicate to be important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, traffic circulation or other undesirable or hazardous conditions.

C.

Final action. The commission shall hear and take final action on the following:

(1)

Final plats.

7.3.5 Staff. The director or designee shall provide staff, as needed, to the commission.

(Ord. No. 2021-1325, 3-9-21)

7.4.1 Creation. The ARB shall consist of five members, each of whom shall be a resident of the city, appointed by the Mayor and confirmed by the city council.

7.4.2 Membership; terms.

A.

Members of the ARB may be appointed from professional and occupational groups within the city, which will provide administrative, legal, and technical expertise in the areas that fall within the jurisdiction of the ARB.

B.

Members of the ARB shall serve staggered terms of two years each.

C.

Members may be removed by the Mayor for cause subject to the approval of city council.

D.

A vacancy occurring in the membership of the ARB shall be filled as soon as is reasonably possible by appointment by the Mayor and confirmation by the city council for the remainder of the unexpired term of such member.

E.

Since decision-making authority is delegated to the ARB, alternate members at large shall not be appointed pursuant to Municipal Code, section 2-4-1.

7.4.3 Rules of operation.

A.

Chair. The ARB shall elect a chair from its members to serve for a term of one year, with eligibility for re-election.

B.

Meetings, procedures, records. The ARB shall hold at least one regular meeting a month, contingent upon having business; and shall adopt rules for transaction of its business. All meetings of the ARB shall be open to the public, and notice thereof shall be given in the manner provided by law.

C.

Records.

(1)

The ARB shall keep a record of its resolutions, transactions, findings of fact and conclusions of law and determinations, which shall be a matter of public record.

(2)

Permanent records of all proceedings of the ARB shall be kept and submitted to the city council within ten days of the date of any meeting of the ARB.

D.

Quorum. The ARB may conduct an official meeting with a quorum of three members present. A majority vote of such quorum shall suffice for transaction of business. The chair or chair pro tem shall vote unless disqualified due to a conflict of interest.

E.

Technical assistance. The ARB may, in its discretion, seek any technical assistance it may require in the performance of its duties. It may, subject to the administrative supervisory control of the city manager, request the assistance of any city department or official, including the UDC compliance officer or any department head, upon any matter brought before it or may, in its discretion, request the advice and assistance of members of the community who are qualified by experience and training with reference to any particular matter before it. However, the ARB shall incur no expense for such assistance unless such expense is approved by the city council.

F.

Authority. The ARB has delegated authority to carry out the functions and duties delegated to it and, to the extent of such duty, is designated as a planning authority pursuant to NMSA 1978, § 3-21-1 et seq.; a zoning authority to hear appeals under NMSA 1978, § 3-21-1 et seq.; and a board of appeals under the provisions of the fire code.

7.4.4 Powers and duties. The ARB shall primarily act as a fact-finding and adjudicative board, relieving the commission and city council of such duties, and thus allowing the commission and city council to devote more time and attention to planning and policy decisions. More specifically, the ARB shall have the following powers and duties, unless otherwise directed by the city council:

A.

Appeals of administrative decisions. The ARB shall hear and decide appeals of a fact-finding nature where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the director or designee in the administration and enforcement of this UDC pursuant to the provisions of Article 8.

B.

Variances. The ARB shall hear and decide requests for variances pursuant to the provisions of section 8.12.

C.

Floodplain appeals. The ARB shall hear and decide requests for variances from the requirements of section 5.6, floodplains.

7.4.5 Staff. The director or designee shall provide staff, as needed, to the ARB, except as may otherwise be designated by the city manager.

(Ord. No. 2021-1325, 3-9-21)

7.5.1 Designation. The person designated by the city manager as the community works director or designee of the city shall be the director or designee to whom reference is made throughout this UDC.

7.5.2 Powers and duties. The Director or designee shall have the following powers and duties:

A.

Administration and enforcement. The director or designee shall administer and enforce the provisions of this UDC.

B.

Written interpretations. The director or designee shall make written interpretations of this UDC, when requested, setting forth the reasons and explanations therefore.

C.

Development permits/building permits.

(1)

The director or designee shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDC and with provisions outlined in the International Fire Code (IFC) as adopted by the City of Farmington, prior to issuance of a building permit by the building official.

(2)

The fire marshal may review and comment that the proposed construction, moving, alteration or use of the land either does or does not comply with provisions outlined in the International Fire Code (IFC) as adopted by the City of Farmington. Recommendations of the fire marshal are to be submitted to the building official who has final authority regarding the issuance of a building permit.

D.

Certificates of occupancy. The director or designee shall review and certify certificates of occupancy prior to issuance by the building official.

E.

Floodplain development permits. The director or designee shall review all floodplain development permits and certify that the proposed construction, alteration, or use of the land complies with the provisions of this UDC prior to issuance of a building permit by the building official.

F.

Staff reports and recommendations. The director or designee shall review applications and prepare staff reports and recommendations on the zoning map and text amendments, planned unit developments, special use permits, subdivision plat reviews, and variances.

G.

Final action. The director or designee shall review and take final action on the following:

(1)

Development permits;

(2)

Site plan reviews;

(3)

Sign permits;

(4)

Temporary use permits;

(5)

Summary plats;

(6)

Minor subdivisions;

(7)

Written interpretations; and

(8)

Administrative adjustments.

(Ord. No. 2021-1325, 3-9-21)

7.6.1 Designation. The community works director or designee shall designate the building official (municipal inspector) for the City of Farmington.

7.6.2 Powers and duties. The building official shall have the following powers and duties:

A.

Administration and enforcement. The building official shall enforce the provisions of this UDC and the current New Mexico Building Code.

B.

Building inspections. The building official shall have the power to make inspections of buildings and premises to carry out his duties herein and to determine compliance with the provisions of this UDC.

C.

Certificate of occupancy. Following approval by the Director or designee, the building official shall issue certificates of occupancy for projects built in accordance with the requirements of the current New Mexico Building Code and this UDC.

D.

Final action. The building official shall review and take final action on the following:

(1)

Certificates of occupancy; and

(2)

Building permits.

(Ord. No. 2021-1325, 3-9-21)

7.7.1 Designation of floodplain administrator. The city engineer is appointed as the floodplain administrator to administer and implement section 5.6, floodplains, and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.

7.7.2 Powers and duties. The floodplain administrator shall have the following powers and duties:

A.

Maintain and hold open for public inspection all records pertaining to this section;

B.

Review permit application to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

C.

Review, approve or deny all applications for floodplain development permits required by this section;

D.

Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334, for which prior approval is required;

E.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation;

F.

In riverine situations, notify adjacent communities, the Army Corps of Engineers and the New Mexico Environmental Department prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

G.

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;

H.

When base flood elevation data has not been provided in accordance with subsection 5.6.4C., basis for establishing the areas of special flood hazard, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of section 5.6, floodplains;

I.

When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements or other development, including fill, shall be permitted within Zones A1—30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and

J.

Under the provisions of 44 CFR, Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in Zone A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).

7.8.1 Designation and membership. DRC membership may be informally established and designated by the director or designee.

7.8.2 Membership. The DRC may include representatives from city departments, utility companies and other agencies with review responsibilities, including but not limited to:

A.

City electrical department;

B.

The director or designee; and

C.

Each of the utility companies.

7.8.3 Rules of operation.

A.

The DRC shall meet on an as needed basis at the call of the Director or designee to review subdivision application submittals, potential submittals or other development-related issues that may require DRC review;

B.

The Director or designee shall set the agenda for DRC meetings;

7.8.4 Powers and duties. The DRC shall serve as a review and recommending body, assisting the director or designee with the review of subdivision and development-related issues and proposals. More specifically, DRC shall:

A.

Review development applications, identify and address issues that may affect a proposal;

B.

Provide a forum for the exchange of observations, ideas and comments; and

C.

Resolve conflicting comments, recommendations, and design differences between reviewing departments and subdividers/developers regarding planning-related issues.

(Ord. No. 2021-1325, 3-9-21)