The Planning Commission may prescribe the form in which application shall be made for variances or special use permits. It may prepare and provide blanks for such purpose and may prescribe the type of information to be submitted in the application by the applicant. No application shall be accepted unless it complies with such requirements.

(Ord. No. 392, § 12, 8-7-73)

Each application for a variance shall be accompanied by a written statement of facts by the petitioner showing why, in the opinion of the petitioner, the granting of said variance is necessary in order that the provisions of Section 253 of this Ordinance may be met. In cases where the Planning Commission considers the conditions set forth in this statement as not falling within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is filed, it shall be signed by the petitioner to the effect that he has been so informed. Filing of an application shall not constitute any indication of approval.

An application for a variance or special use permit as provided herein shall also be accompanied by:

(a)

Two (2) sets of complete plans and description of the property involved and the proposed use.

(b)

Evidence, satisfactory to the Planning Commission, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the variance or special use permit.

A fee of fifty dollars ($50) shall be paid to the City of Portales through the office of the City Clerk upon the filing of each application for a variance or special use permit as provided for in this Ordinance. Said fee shall be for the purpose of defraying the expense of postage, posting, advertising and other costs incidental to the proceedings prescribed herein.

All applications for variances or special use permits, as provided in this Ordinance, shall be set by the City Clerk for public hearing when such hearings are to be held before the Planning Commission or the City Council. The date of the first of the hearings shall be not less than fifteen (15) days nor more than forty-five (45) days from the filing of the application.

Notice of time and place of public hearings shall be given in such manner as may be directed by the Planning Commission.

(Ord. No. 392, § 13, 8-7-73)

The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this Ordinance and with previous amendments and variances.

The Planning Commission may establish rules governing the conduct of public hearings held by it.

If, for any reason, testimony on any matter set for public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall be required.

Not more than forty (40) days following its hearing on the application for a variance or special use permit, the Planning Commission shall, by adoption of a resolution:

1.

Deny or recommend to the City Council the granting of the variance or special use permit.

(Ord. No. 392, § 14, 8-7-73)

A summary of all pertinent testimony offered at public hearings in connection with an application filed pursuant to provisions of this Ordinance, and the names and addresses of persons testifying at all public hearings before the Planning Commission may be recorded and made a part of the permanent files of the case.

(Ord. No. 392, § 15, 8-7-73)

Not later than three (3) days following the rendering of a decision denying or recommending that a variance or special use permit be granted, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the Planning Commission.

(Ord. No. 392, § 16, 8-7-73)

An order of the Planning Commission in denying a variance or special use permit shall become final and conclusive, unless within ten (10) days following notice of the decision by the Planning Commission, an appeal in writing is filed with the City Council by the applicant.

(Ord. No. 392, § 17, 8-7-73)

Upon filing of a written appeal to the City Council herein, the City Clerk shall forthwith cause to be transmitted to the City Council, certified copies of all material in the Planning Commission's files which are pertinent to the matter in question.

Within not to exceed thirty (30) days following receipt of a written appeal from the denial of a variance or special use permit, or recommendation that a variance or special use permit be granted, as a result of action before the Planning Commission, the Council may take final action upon the facts found and records furnished by the Planning Commission, or it may conduct a duly advertised public hearing, public notice of which shall be given by publication of a notice of such hearing at least once in a newspaper having a general circulation in the City, such notice to be published not less than fifteen (15) days prior to the hearing. If a public hearing is ordered and if a change is proposed for an area of one block or less, notice of the public hearing shall 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 the area proposed to be changed by a zoning regulation and within one hundred (100) feet, excluding public rights of way, of the area proposed to be changed by a zoning regulation, variance or special use. The hearing before the Council shall be a hearing de novo and all interested persons may appear and present evidence.

(Ord. No. 392, § 18, 8-7-73; Ord. No. 430, § 5, 9-6-77)

The City Council shall announce its findings and decisions by resolution not more than thirty (30) days following the hearing, and said resolution shall state, among other things, the facts and reasons which, in the opinion of the Council, make the granting or denial of the variance or special use permit necessary to carry out the general purpose of this Ordinance.

The decision of the City Council shall be final and conclusive; provided, however, that in cases where the Planning Commission's action has been a denial of a variance or special use permit, the City Council shall not grant a variance or special use permit nor eliminate or modify any condition imposed by the Planning Commission except upon order of the Council passed by not less than three-fourths (¾) of all members thereof; provided, further, if the owners of twenty (20) percent or more of the area of lots and lands included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public rights of way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, no variance or special use permit shall be granted except by the affirmative vote of three-fourths (¾) of all members of the City Council.

(Ord. No. 392, § 19, 8-7-73)

Not later than ten (10) days following the adoption of a resolution ordering that a variance or special use permit be granted or denied, a copy of said resolution shall be mailed to the applicant or opponent or to both if they be different parties, and one copy shall be transmitted to the Planning Commission for filing in its permanent record on the case.

No reapplication for a variance or special use permit which has been denied shall be filed earlier than six (6) months after the date of such denial by the City Council, unless specific authority to do so has been granted by the Planning Commission or by the City Council. Any reapplication to be considered a new request.