The Planning, Zoning, and Subdivision Commission of the city is hereby designated as the Zoning Commission as provided in NMSA § 3-21-7.

(1978 Code, § 9-1-22)

1. The Commission shall regulate and restrict within its jurisdiction:
   1. The height, number of stories, and size of buildings and other structures;
   2. The percentage of a lot that may be occupied;
   3. The size of yards, courts, and other open space;
   4. The density of population; and
   5. The location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
2. The Commission may:
   1. Divide the territory under its jurisdiction into districts of such number, shape, area, and form as are necessary to carry out the purposes of NMSA §§ 3-21-1 through 3-21-26; and
   2. Regulate or restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land in each district. All such regulations shall be uniform for each class or kind of buildings within each district, but regulations in one district may differ from regulations in another district.

(1978 Code, § 9-1-23)

1. The regulations and restrictions of the city zoning authority are to be in accordance with a comprehensive plan and be designed to:
   1. Lessen congestion in the streets and public ways;
   2. Secure safety from fire, panic, and other dangers;
   3. Promote health and the general welfare;
   4. Provide adequate light and air;
   5. Prevent the overcrowding of land;
   6. Avoid undue concentration of population;
   7. Facilitate adequate provision for transportation, water, sewerage, schools, parks, and other public requirements; and
   8. Control and abate the unsightly use of buildings or land.
2. The zoning authority in adopting regulations and restrictions shall give reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and to conserving the value of buildings and land and encouraging the most appropriate use of land throughout its jurisdiction.

(1978 Code, § 9-1-24)

1. Before any zoning ordinance adopted by the City Zoning Commission, and which is applicable to any portion of the territory within the subdividing and platting jurisdiction of the municipality, shall become effective, it shall be submitted to and approved by a special extraterritorial zoning commission which shall consist of three members appointed by the city zoning authority and three members who are not residents of the municipality appointed by the Board of County Commissioners of the county in which the territory is situated.
2. In the event the special extraterritorial zoning commission approves the ordinance as proposed, or with amendments acceptable to the municipality, that approval shall be binding and the ordinance shall become effective, as approved, provided all other requirements of this code of ordinances have been satisfied.
3. In the event the special extraterritorial zoning commission cannot agree, by a majority of the membership of the extraterritorial zoning commission, to approve or disapprove, as prescribed above, the proposed ordinance shall be submitted within 30 days to a special administration committee consisting of one person appointed by the municipality from the three municipal members of the special extraterritorial zoning commission, and one person appointed by the district judge of the district wherein the territory proposed to be zoned is situated. The appointee of the district judge shall be a resident of the judicial district but shall not be a resident in the municipality concerned or a resident within the territory proposing to be zoned.
   1. The decision of the special arbitration board on the ordinance proposed by the municipal zoning authority shall be issued within 30 days after appointment of the arbitration board and shall be final.
   2. If the special arbitration board approves the ordinance or an amended ordinance, it shall go into effect immediately upon publication.
   3. If the special arbitration board disapproves the ordinance, it shall be void.

(1978 Code, § 9-1-25)

1. The Planning and Zoning Commission shall accept applications for amendments to the text of this zoning chapter, hold public hearings, evaluate, and make recommendations to the governing body on all proposed amendments to this chapter.
2. The following listed items shall constitute amendments to the text of this chapter:
   1. District changes;
   2. Conditional uses; and
   3. Administrative review.

(1978 Code, § 9-1-26)

The following shall be the procedure for making proposals to the Planning and Zoning Commission.

1. Initiation. Petitions to amend this zoning chapter may be initiated by the City Council, the Planning Commission, a city administrative officer, or by a real property owner in the area to be included in the proposed amendment.
2. Application. Any application for change to the text of this chapter shall be in writing on forms prescribed by the Planning and Zoning Commission, and shall be filed in duplicate with the appropriate City Clerk-Treasurer and the administrative officer of the Commission at least seven calendar days prior to its appearance on the agenda and setting of the date for public hearing. Each application shall be accompanied by an accurate plot plan, site plan, building development plan, sketch, program of development, or other related material and information as required by the Planning and Zoning Commission, or by this chapter. The application shall be signed by a real property owner in the area included in the application unless initiated by the governing body of the Planning Commission. If additional real property is included other than that owned by the applicant, a petition in favor or amendment signed by real property owners representing 75% of the land area included in the application shall accompany the application. Submission of inaccurate material or information with an application shall not be construed as approval of a building permit. Following the date established for a public hearing on any proposed amendment, the Planning and Zoning Commission may refuse to accept another application for the same amendment for a period of one year.
3. Fee. Before any application for amendment to this chapter shall be considered by the Planning and Zoning Commission, a filing fee shall be charged which shall be payable to the city and deposited with the City Clerk-Treasurer. The filing fee shall be deposited prior to the inclusion of the application on the Planning and Zoning Commission agenda, and when an application is withdrawn after scheduling and advertising for public hearing, the filing fee shall not be refunded to the applicant. A filing fee of $100 will be charged for each application filed.
4. Public hearing. The Planning and Zoning Commission shall hold at least one public hearing in relation to the proposed amendment at which parties in interest and citizens shall have the opportunity to be heard. Public notice of the date, time, and place of the hearing along with the nature of the amendment requested shall be given in a newspaper of general circulation in the city at least 15 days prior to the public hearing. Whenever an amendment is proposed for an area of one block or less, a notice of the public hearing shall also be mailed, by certified mail - return receipt requested, to the owners, as shown by the records of the County Assessor, of lots or land within 100 feet, excluding public right-of-way, of the exterior boundaries of the property which is subject to the proposed amendment. Where property immediately beyond the radius described herein is under the same ownership as the property subject to the application, the owners of adjacent real property, disregarding public right-of-way, shall be similarly notified. The written notices of public hearings on proposed amendments shall be mailed at least five days prior to the hearing date. The Planning and Zoning Commission shall keep minutes of its proceedings, including a record of the vote of each member on each amendment, and the minutes shall be public record.
5. Notification and recording. A written report of the recommendation of the Commission on all applications for amendment to the ordinance shall be made within 30 days from the date of the public hearing and forwarded to the governing body and appropriate city administrators, and to all parties who formally request a copy. The recommendation shall be either for approval, for conditional approval, or for disapproval, and the report shall contain a brief summary of the reasoning behind the recommendation and any conditions of approval. In the event special conditions are imposed in connection with any approved amendment, the City Clerk-Treasurer must have the special conditions recorded in the office of the County Clerk before a building permit may be issued, the recorded notice being for the purpose of giving notice to a subsequent purchaser of the property that special conditions have been granted and imposed. Upon failure of the Commission to make a determination within the specified time limit of 30 days, it shall lose jurisdiction and the applicant may appeal to the governing body as herein provided. The determination of the Commission shall be final upon all applications for amendments, unless a written appeal to the governing body is filed with the appropriate city administrator within 15 days from the date of written determination. In the event of protest against any amendment, signed by owners of 20% or more, either of the area included in that proposed amendment, or of land immediately adjacent in the rear thereof extending 100 feet therefrom or of those directly opposite thereto extending 100 feet from the street frontage of those opposite lots, excluding public right-of-ways, or following a recommendation of disapproval by the Commission, that amendment shall not become effective unless the amendment is approved by a majority of a quorum vote of the Commission.
6. Appeals. Any action of the Commission so authorized by this subchapter shall be final unless written notice of appeal to the governing body is filed within 15 days after mailing to the applicant of the written notification of the determination of the Commission. When the fifteenth day falls on a Saturday, Sunday, or a legal holiday for employees of the city, the following working day shall be considered the closing date for appeal. No permit, license, or certificate for the use of land shall be issued until the time for filing an appeal has expired or until any appeal has been decided. The written notice of appeal shall be filed in duplicate with the appropriate city administrator on appropriate forms and shall set forth specifically wherein the Commission erred in its determination. Upon receipt of an appeal, the governing body shall refer one copy of the appeal to the Commission, and thereon the Commission shall make an additional report to the governing body of the minutes of the public hearing that concern the action for the amendment which has been appealed. Public notices of appeal shall be given in the manner prescribed. The appropriate city administrator shall mail written notice of the time, place, and date for the hearing of the appeal before the governing body to the applicant, the Commission, and to all parties who formally appeared and protested the application before the Commission. Appeals shall be presented to the governing body at their next regular meeting following the filing of the appeal with the city, at which time a date for public hearing before the governing body shall be determined. The concurring vote of a majority of a quorum of all members shall be required to overrule a decision of the Planning and Zoning Commission.

(1978 Code, § 9-1-27) (Am. Ord. 971013-1, passed 10-13-1997; Am. Ord. 020610-1, passed 6-10-2002)

Any person aggrieved by the decision of the governing body in acting on the appeal from the planning authority may present to the district court a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the decision is entered in the records of the clerk of the zoning authority. The party aggrieved shall then follow the procedures as outlined in the state statutes.

(1978 Code, § 9-1-28)

1. §§ 154.90 through 154.96 and any subsequent amendments to this zoning subchapter shall be enforced by the zoning authority having jurisdiction, as municipal ordinances are enforced.
2. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of NMSA §§ 3-21-1 through 3-21-26, or in violation of these sections, the zoning authority may institute any appropriate action or proceedings to:
   1. Prevent that unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
   2. Restrain, correct, or abate the violation;
   3. Prevent the occupancy of that building, structure, or land; or
   4. Prevent any illegal act, conduct, business, or use in or about those premises.
3. The ordinances, rules, and regulations, together with the officially adopted or district zoning map of the county or municipal zoning authority, shall be filed in the respective offices of the County Clerk or City Clerk-Treasurer and shall be available for examination by any citizen.

(1978 Code, § 9-1-29) Penalty, see § 10.99

1. Enforcement officer. Establishment of the administrative officer of the Commission. The City Clerk-Treasurer shall function as, or appoint, or hire an administrative officer subject to the approval of the Planning and Zoning Commission.
   
   (1978 Code, § 9-1-30)
   
2. Power and duties. The City Clerk-Treasurer or administrative officer, hereinafter referred to as the Officer, shall have the authority and duty to enforce this subchapter, and in addition thereto and in furtherance of that authority, the Officer shall:
   1. Maintain permanent and correct records of this subchapter, including but not limited to all maps and amendments;
   2. Provide and maintain a public information bureau relative to all matters arising out of this subchapter;
   3. Conduct inspections of buildings, structures, and use of land to determine compliance with these regulations;
   4. Issue all certificates as required, and make and maintain records thereof;
   5. Issue certificates of occupancy as required and make and maintain records thereof;
   6. Be responsible for the publishing and mailing of notices as required by this chapter for public hearing; and
   7. Review all applications for permit, license, or certificate, pertaining to the use of land or buildings. Any permit, license, or certificate which is issued and, in the opinion of the Officer, is in conflict with the provisions of this chapter shall be void.

(1978 Code, § 9-1-31)