A. Appeal of any final action or decision by the zoning enforcement officer or the commission may be filed with the village clerk-treasurer within thirty days after the date of the determination by the zoning enforcement officer or the commission.

B.

An appeal does not stay all proceedings in furtherance of the action appealed unless the respondent proves that by reason of facts or circumstances, enforcement would cause imminent harm unless the village council for good cause grants a stay.

C.

When an appeal alleges that there is error in any order, requirement, decision or determination by the zoning enforcement officer or the commission in the enforcement of Sections 3-21-1 through 3-21-14 New Mexico Statutes 1995 Replacement Pamphlet Annotated, or any ordinance, resolution, rule or regulation adopted pursuant to those sections, the council by a majority vote of its members may:

1.

In conformity with Sections 3-21-1 through 3-21-14 New Mexico Statutes 1995 Replacement Pamphlet Annotated:

a.

Affirm any order, requirement, decision or determination of the zoning enforcement officer or commission;

b.

Reverse any order, requirement, decision or determination of the zoning enforcement officer or commission in favor of the appellant; or

c.

Modify or alter any order, requirement, decision or determination of the zoning enforcement officer or commission.

D.

There are no appeals from recommendations of the zoning enforcement officer or the zoning commission that are neither final nor actionable under this title.

(Ord. 276 (part), 2001)

A. An application for a variance shall be submitted to the planning commission by filing a copy of the application with the administrator.

B.

A variance may be granted by the planning commission if it concludes that strict enforcement of this title would result in practical difficulties or unnecessary hardships for the applicant and that the spirit of this title will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

1.

If the applicant complies strictly with the provisions of this title, he can make no reasonable use of his property;

2.

The hardship relates to the applicant's land, rather than personal circumstances;

3.

The hardship is unique, rather than one shared by many surrounding properties;

4.

The hardship is not the result of the applicant's own actions; and

5.

The variances will not result in the extension of a nonconforming use or structure.

(Ord. 276 (part), 2001)

The planning commission is authorized to interpret the zoning map and to pass upon disputed questions of district boundary lines and similar questions.

(Ord. 276 (part), 2001)

A. When an appeal is taken to the planning commission, the administrator shall present to the commission the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

B.

The burden of presenting evidence sufficient to allow the commission to reach the conclusions set forth in Section 17.20.020(B) (variances), as well as the burden of persuasion on those issues remains with the applicant seeking the variance.

(Ord. 276 (part), 2001)