The Planning and Zoning Commission of Raton, New Mexico, shall act as the Zoning Board of Adjustment. The word “Board,” when used in this chapter, shall be construed to mean the Zoning Board of Adjustment.

(1981 Code, App. A) (Ord. 624, Art. XV, § 1, passed 2-25-1975; Am. Ord. 953, passed 10-14-2008)

   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and all of which shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Meetings of the Board shall be held at the call of the Chairperson and at the other times as the Board may determine.

(1981 Code, App. A) (Ord. 624, Art. XV, § 2, passed 2-25-1975)

   (A)   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, or board of the city affected by any decision of the City Manager or Building Inspector. The appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rules, by filing with the City Manager or Building Inspector and with the Board a notice of appeal specifying the grounds thereof. The City Manager or Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

   (B)   An appeal stays all proceedings, in furtherance of the action appealed from, unless the City Manager or Building Inspector certifies to the Board after the notice of appeal shall have been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of record on application or notice to the City Manager or Building Inspector and on due cause shown.

   (C)   (1)   The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.

      (2)   At the hearing, any party may appear in person or by agent or by attorney.

      (3)   The concurring vote of of all the members of the Board of Adjustment shall be required to revise any order, requirement, decision, or determination of the City Manager or Building Inspector charged with the duty of administering this chapter, or to decide a case in favor of an applicant on any matter upon which it is required to pass, or to effect any variation or special exception to the terms of these regulations.

(1981 Code, App. A) (Ord. 624, Art. XV, § 3, passed 2-25-1975)

   The Board of Adjustment shall have the following duties and powers.

   (A)   Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the City Manager or Building Inspector in the enforcement of this chapter.

   (B)   Special exceptions; conditions governing applications; procedures.

      (1)   To hear and decide only the application for special exceptions as the Board of Adjustment is specifically authorized to pass upon by the terms of this chapter; to decide the questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with the conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the intent and purpose of this chapter.

      (2)   A special exception shall not be granted by the Board of Adjustment unless and until:

         (a)   A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;

         (b)   Notice of public hearing shall be posted on the property for which special exception is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the City of Raton;

         (c)   The public hearing shall be held. Any party may appear in person, or by agent or attorney; and

         (d)   The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

      (3)   In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under § 156.194. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both.

   (C)   Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases the variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:

      (1)   A written application for a variance is submitted demonstrating:

         (a)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

         (b)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

         (c)   That the special conditions and circumstances do not result from the actions of the applicant; and

         (d)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

      (2)   Notice of public hearing shall be given as in division (B)(2)(b) above.

      (3)   The hearing shall be held. Any party may appear in person, or by agent or by attorney.

      (4)   The Board of Adjustment shall make findings that the requirements of division (C)(1) above have been met by the applicant for a variance.

      (5)   The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

      (6)   (a)   The Board of Adjustment shall further make a finding that the granting of a variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

         (b)   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 156.194.

   (D)   Actions of Board concerning appeals; special exceptions. In exercising the powers set forth in division (A) above and division (C) above, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administration official from whom the appeal is taken.

(1981 Code, App. A) (Ord. 624, Art. XV, § 4, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)

   (A)   Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer of the City of Raton may submit to the City Commission a petition duly verified, the petition constituting an appeal, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality, and the Board of Adjustment upon notification of the submission, shall forthwith transmit to the City Commission all the papers constituting the record upon which the action appealed from was taken, or certified copies of the same. The City Commission shall after notice to the public, given in the same manner as prescribed in § 156.213 above, and after notice to the interested parties concerned, hear and decide the appeal.

   (B)   The appeal shall be taken within 30 days of the date at which the action appealed from was taken by the Board of Adjustment.

   (C)   The appeal to the City Commission shall be deemed to constitute a stay of legal proceedings in the same manner, and subject to the same limitations as the original appeal to the Board of Adjustment.

(1981 Code, App. A) (Ord. 624, Art. XV, § 5, passed 2-25-1975)

   Any person or person, jointly or severally aggrieved by any decision of the City Commission, when sitting for the purpose of hearing and deciding appeals from the Board of Adjustment, or any officer of the City of Raton, may present to a court of competent jurisdiction a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the entry in the office of the City Clerk/Treasurer of the City of Raton of the decision appealed from.

(1981 Code, App. A) (Ord. 624, Art. XV, § 6, passed 2-25-1975)

   It is the intent of this chapter that all questions of administration and enforcement shall first be presented to the City Manager or Building Inspector, and that the questions shall be presented to the Board of Adjustment only upon reference by, or appeal from, the City Manager or Building Inspector, and that recourse from the decisions of the Board of Adjustment shall be to the City Commission, and thence to the courts as provided by law.

(1981 Code, App. A) (Ord. 624, Art. XV, § 7, passed 2-25-1975)