Applications for requested variances, annexations, conditional use, zone changes, special uses, plats, and amendments to this ordinance shall be made and reviewed according to the following:

A.

Amendments to this ordinance may be initiated by any person or party.

B.

Applications for annexations, conditional uses, zone changes, special uses, and plats may be initiated by city council, the legal committee, the planning and zoning commission, city manager, or any person or party owning or having a controlling interest in the property for which the application is being initiated within the city limits.

C.

Applicants shall first confer with the planning and zoning staff, who shall initially review the proposed request and provide the approved application forms and methods prescribed by this ordinance for making application.

D.

The applicant shall complete and submit the approved application forms, with help from the planning and zoning staff, along with the processing fee by the required deadline for that given month.

E.

The planning and zoning staff shall share the application with all departments affected by, or having authority over, anything regarding the application. Meetings with the various departments shall be concluded within ten business days after application deadline to allow staff proper time to prepare the case for advertising prior to the planning and zoning commission meeting for that month.

F.

The planning and zoning staff are required to advertise all cases a minimum of 15 days prior to the date of the planning and zoning commission meeting for that month.

G.

The planning and zoning staff are required to deliver all cases, the meeting agenda, and the minutes from the previous planning and zoning commission meeting to all commissioners, committee members, city council and city management at least 48 hours in advance of the planning and zoning commission meeting date and time.

Variances, annexations, conditional uses, zone changes, special uses, final plats, and amendments to this ordinance are effective only after a public hearing has been held in which all interested parties and/or citizens have had an opportunity to be heard and all city statuary and ordinances have been met.

Notice of the time and place of the public hearing shall be published at least 15 days prior to the date of the hearing per the New Mexico Open Meetings Act.

Notice of public hearing shall be mailed via certified mail - return receipt requested to the property owners as shown by the records of the county assessor, of lots or land within 100 feet of the area under consideration, excluding public rights-of-way.

All evidence and testimony presented at any public hearing shall be taken under the oath of law.

A.

Any person(s) taking exception to a proposed case may file a written protest with the planning and zoning staff prior to the public hearing(s) for a zoning case, whenever the case is to be considered.

B.

The written protest shall list the name(s), addresses, and signatures of property owners supporting the protest, whether or not the protestor's property is within the 100 foot notification area, along with any reasons why the property owners take exception to the proposed case.

C.

Any person wishing to speak for or against a case before the planning and zoning commission shall have three minutes to do so. Additional time may be allowed by the chairperson.

A.

Written protests against a proposed case from property owners within the 100-foot notification area whose sum of property area is less than 20% of the total area within the 100-foot notification area shall require a favorable vote from the majority of the planning and zoning commission members present at the meeting.

B.

Written protests against a proposed case from property owners within the 100-foot notification area whose sum of property area exceeds 20% of the total area within the 100-foot notification area shall require a two-thirds vote of all planning and zoning commission members, whether present at the meeting or not, to approve the proposed case.

C.

The planning and zoning commission's decision shall be final and effective after 12:00 noon on the second business day following the day of the planning and zoning commission meeting.

D.

An appeal of the planning and zoning commission's decision to the city council shall stay the effective date of the decision until a final decision on the appeal is made by the city council at the city council meeting where the appeal is heard.

E.

A case which has been denied by the planning and zoning commission and/or the city council may not apply again within one year from the date of the final decision, unless the new request is determined to be substantially different from the original request by the planning and zoning staff.

F.

Planning and zoning commission and/or city council shall issue a final decision:

1.

Prepare a written decision that includes an order granting or denying relief and a statement of the factual and legal basis for the order including all substantial evidence;

2.

File the written decision with the Roswell City Clerk;

3.

Serve a document that includes a copy of the written decision and the requirements for filing an appeal of the final decision on all persons who were parties in the proceeding before city council and every person who has filed a written request for notice of the final decision in that particular proceeding.

Generally. Any person(s) aggrieved with a decision made by the planning and zoning commission or city staff in the enforcement of this ordinance may appeal in the following manner.

A.

Appeal of a planning and zoning commission decision.

1.

The appeal shall be initiated by the filing of a written notice with the city clerk prior to 12:00 noon on the second business day following the decision.

2.

Prior to 5:00 p.m. on the second business day following the date of the decision, copies of the written notice of appeal shall be mailed by the appellant to all persons supporting the decision.

3.

The notice of appeal shall concisely and specifically set forth in writing the points which it is urged that the decision of the planning and zoning commission be set aside by the city council.

4.

The appeal shall be heard by city council at the next regularly scheduled meeting unless otherwise scheduled by the city council.

5.

In making a decision on the appeal, city council shall consider only those concise and specific points on which the appellant, in his or her written notice of appeal, urges the city council to set aside the decision of the planning and zoning commission. the city council may request reports from the city staff in addition to the material submitted by the proponents and opponents of the appealed decision.

6.

A decision to deny/approve an appeal of a proposed case not requiring a favored two-thirds vote by the planning and zoning commission shall require a majority vote of all city council members present.

7.

A decision by city council to overturn a proposed case that required a favored two-thirds vote by the planning and zoning commission shall require a majority of all city council members, whether present at the meeting or not.

8.

The city council may deny the appeal, reverse the decision of the planning and zoning commission or make such modifications upon the appeal as it deems necessary to protect the public interest and not solely in the interest of the appellant.

9.

City council shall issue a final decision:

a.

Prepare a written decision that includes an order granting or denying relief and a statement of the factual and legal basis for the order including all substantial evidence;

b.

File the written decision with the Roswell City Clerk;

c.

Serve a document that includes a copy of the written decision and the requirements for filing an appeal of the final decision on all persons who were parties in the proceeding before city council and every person who has filed a written request for notice of the final decision in that particular proceeding.

B.

Appeal of a city staff decision or determination.

1.

Any person(s) aggrieved with a determination made by city staff in the enforcement of this ordinance may appeal the decision to the city council.

2.

Any person(s) must file a written notice of appeal with the city clerk's office within 15 calendar days following the determination made by city staff.

3.

The notice of appeal shall concisely and specifically set forth in writing the points which city council may consider in order to set aside the decision of city staff.

4.

The appeal shall be heard by city council at its next regularly scheduled meeting unless otherwise scheduled by the city council.

5.

In making a final decision on the appeal, the city council may consider points on which the appellant, in his written notice of appeal, urges the city council to set aside the decision of the city staff. City council may consider all oral and written statements from any members of the city staff affected by the appeal.

6.

A final decision to deny or approve the appeal shall require a majority vote of all city council members present.

7.

City council shall issue a final decision:

a.

Prepare a written decision that includes an order granting or denying relief and a statement of the factual and legal basis for the order including all substantial evidence;

b.

File the written decision with the Roswell City Clerk;

c.

Serve a document that includes a copy of the written decision and the requirements for filing an appeal of the final decision on all persons who were parties in the proceeding before city council and every person who has filed a written request for notice of the final decision in that particular proceeding.

C.

Appeal of a decision by the city council. any person(s) aggrieved with the decision of the city council may present the decision to a court of competent jurisdiction for review within the time and in the manner required by state law.

A.

Any person(s) may make application for an amendment to this ordinance which shall state the section of the ordinance proposed for amendment, the proposed substitute wording, the reasons for requesting the amendment, and any other information which the planning and zoning staff and city manager feels that the planning and zoning commission, legal committee and city council may require to make a proper decision on the matter. Graphics or visual aids may also be submitted if desired.

B.

No amendment to this ordinance shall be adopted until a public hearing has been held by the planning and zoning commission, legal committee and city council in accordance with this ordinance.

C.

The city council shall consider the recommendation of the planning and zoning commission and legal committee in deciding whether or not to adopt a proposed amendment to this ordinance. In its deliberations, both bodies may consider all oral or written statements from the applicant, the public, city staff, and its own members. Neither body shall approve the amendment unless it finds the proposed amendment is in the public interest and is not solely in the interest of the applicant.

D.

If approved, the planning and zoning staff shall revise this ordinance accordingly.

A.

Intent of annexations. Annexation is a legal mechanism by which a municipality may expand its regulatory and taxing authority to adjacent unincorporated land. It can be used as a growth management tool to ensure that land use and development standards in adjoining areas are consistent with land use within the municipality, as well as with the goals and objectives of the community as expressed in the comprehensive master plan. Annexations may be either consensual or unilateral. However, areas to be considered for annexation must be contiguous to the municipal boundary and the municipality must be able to demonstrate the ability to provide services. This allows the municipality to time its utility extensions so that the demand for services does not outstrip its ability to serve the new development.

Municipalities in New Mexico have the authority to annex territory via Section 3, Article 7 of the New Mexico State Statutes (as amended from time to time). Pursuant to Section 3-7-1, NMSA 1978, there are three methods available to municipalities seeking to annex new lands. Each method is based upon specific goals and conditions and illustrates different degrees of legislative delegation of power to municipalities. These three methods include:

1.

Arbitration method (Sections 3-7-5 through 3-7010 NMSA 1978) allows a municipality to annex contiguous territory if the municipality can declare that the benefits of annexation can be made within a reasonable time frame to the desired territory.

2.

Municipal boundary commission method (Sections 3-7-11 through 3-7- 16 NMSA 1978) establishes an independent commission to determine annexation of a territory to the municipality. The municipal boundary commission will meet whenever a municipality petitions to annex a territory or if a majority of the landowners of a territory petition the commission to annex the territory into the municipality.

3.

Petition method (Section 3-7-17, NMSA 1978) requires a petition signed by the majority of property owners in a contiguous territory supporting annexation into a municipality.

B.

Annexation procedure.

1.

All application methods:

a.

Property must be contiguous with the city's municipal boundary.

b.

Application must be accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality.

c.

The city must demonstrate that utilities and services can be provided within a reasonable time frame to the desired territory.

d.

Must include all fees be paid.

2.

Arbitration method: Application must be accompanied by a plat from a registered land surveyor in the state showing the boundaries of land to be annexed, a legal description of the property to be annexed, a petition from the land owners within the area to be annexed showing at least 51% support for the annexation, and the additional information required on the City of Roswell annexation application form.

3.

Municipal boundary commission method: City staff shall prepare all necessary documents to present to the city council and the New Mexico Department of Finance and Administration to request the use of the municipal boundary commission to hear the annexation request.

4.

Petition method: An application for an annexation-by-petition shall be accompanied by a plat from a registered land surveyor in the state showing the boundaries of land to be annexed, a legal description of the property to be annexed, and the additional information required on the City of Roswell annexation application form.

C.

Annexation processes.

1.

No annexations shall be adopted until a public hearing has been held by the planning and zoning commission and city council and the 45 day referendum period has expired, shall by ordinance express its consent or rejection to the annexation of such contiguous territory.

2.

The planning and zoning commission shall make a recommendation to city council. City council shall decide whether or not to annex the proposed property into city territory. In its deliberations, both bodies shall consider all statements from the applicant, the public, city staff, and its own members. Neither body shall approve the annexation unless it finds the annexation to be in the public interest and not solely in the interest of the applicant.

3.

If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue.

4.

Within 30 days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within 30 days after the filing of the ordinance in the office of the county clerk or if the court.

5.

City council shall acknowledge the zoning district, as zoned in the Chaves County Extra Territorial Zone, for any land incorporated into the city territory, with restrictions, stipulations or amendments per city council. No property shall be rezoned until after it has been legally incorporated into the city limits.

A.

The Planning and Zoning Commission may approve a Special Use Permit (SUP) or Conditional Use Permit (CUP) within the city limits by way of a public hearing. A specific land use may be permitted in one or more districts as defined by this ordinance, but which, because of characteristics peculiar to it, including but not limited to:

1.

Size, shape, or developable area, or;

2.

Technological processes or equipment, or;

3.

Location with reference to surroundings, streets, and existing improvements, or;

4.

Demands upon public facilities, or;

5.

Potential incompatibility with existing or adjacent land uses; requires a special degree of control to mitigate potential negative impacts, and to make such uses consistent with, and compatible to, other existing or permissible uses in the same zoning district, and to assure that such land use shall not be in conflict with the public interest, including public health, safety, and welfare. Approval of a SUP or CUP may contain certain Special Provisions or Conditions of Approval that assure that the use will conform to the City of Roswell Comprehensive Master Plan and this ordinance.

B.

The application for a SUP or CUP shall include a development plan with the following information:

1.

The legal and common description of the property to be considered for the special use or conditional use.

2.

The property's present zoning classification.

3.

A site plan showing the subject property, structures, and adjacent properties.

4.

The location, dimensions, and square footage of all structures, existing and proposed.

5.

The location of all existing/proposed curb cuts, parking, loading areas, sidewalks, landscaping, screening, open spaces, signage, lighting, and other related items.

6.

The special use requested and the reasons for requesting it.

7.

Any other information requested by the Director of Community Development or the Director's designee, considered necessary for the planning and zoning commission to make an informed decision.

C.

No request for either a SUP or CUP shall be approved until a public hearing has been held by the Planning and Zoning Commission in accordance with this ordinance.

D.

The Planning and Zoning Commission shall decide whether or not to approve a request for a SUP or CUP. In its deliberations, the planning and zoning commission shall consider the impact of the special or conditional use upon the public health, safety, and welfare of the community; the existing and anticipated vehicular/pedestrian traffic flows; parking conditions, setbacks, and height; landscaping and screening; open spaces; signage; lighting; and other items. The planning and zoning commission shall not approve a special use or conditional use unless it finds that such use generally conforms to the city's land use plan.

E.

Limitations, amendments, and revisions. The planning and zoning commission may approve, deny, or table a SUP or CUP request for not more than one regularly scheduled meeting or for a period of time specified at the public hearing. The planning and zoning commission may stipulate conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use or conditional use, as deemed necessary and proper to protect the value, utilization, and operation of adjacent properties, mitigate any potential negative impacts, and to ensure compliance with the requirements of this and other ordinances. If approved, the zoning administrator shall revise the official zoning map.

F.

Nullification, alterations, or changes to the approved development plan for the SUP or CUP, or changes in the type of use, or intensity of use, as determined by the Community Development Director, shall require a public hearing for the modification of the SUP or CUP, which will be held by the Planning and Zoning Commission in accordance with this ordinance.

G.

Granting of a SUP or CUP on a lot, parcel, or tract of land may supersede and/or terminate all previously permitted uses for that zoning district for that lot, parcel, or tract of land.

(Ord. No. 23-04, § 1, 4-13-2023)

A.

The Community Development Director (the Director) or Planning & Zoning Commission may deny an application for a CUP or SUP, or renewal of a CUP or SUP upon making any of the following findings:

1.

The applicant or the premises for which a SUP or CUP is applied does not qualify for a permit under this chapter.

2.

The applicant made a material misrepresentation in the SUP or CUP application.

3.

The applicant fails to comply with the provisions of this chapter.

4.

The applicant has failed to provide information required by this chapter or as requested by the Director.

B.

The Director may suspend, modify, or revoke a SUP or CUP issued pursuant to the provisions of this chapter for any of the following reasons:

1.

One or more of the circumstances upon which a SUP or CUP could be denied exists or has occurred; or

2.

One or more conditions of approval of the SUP or CUP has been violated; or

3.

The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the business have violated any provision of this chapter.

4.

Operations cease for more than 30 calendar days, including during change of ownership proceedings, unless otherwise authorized by the Director;

5.

Ownership and/or is changed without securing a new SUP or CUP; or

6.

If required under the Conditions of Approval, the permitted establishment fails to allow inspection of the records, security recordings, and/or the activity logs, of the premises by authorized city officials.

C.

Every permittee who surrenders, abandons, or quits the permitted premises after a certificate of occupancy is issued, or who closes the permitted premises for a period exceeding 60 consecutive calendar days after a certificate of occupancy is issued, shall, within 60 calendar days after closing, surrendering, quitting, or abandoning the permitted premises, surrender the SUP or CUP to the Director.

1.

The Director may seize the operational permit of a permittee who fails to comply with the surrender provisions of this section and may proceed to revoke the permit.

2.

If a permittee wishes to close a permitted establishment for repair or refurbishment for a period of longer than 60 calendar days, the permittee shall notify the Director of same in writing.

(Ord. No. 23-04, § 1, 4-13-2023)

A.

Any decision by the Director or City Staff regarding the requirements (including Special Provisions or Conditions of Approval), denial, suspension, or revocation of a SUP or CUP May be appealed to the City Manager, subject to the provisions of this chapter.

Any decision by the City Manager regarding the denial, suspension, or revocation of a SUP or CUP may be appealed to the Planning and Zoning Commission or the City Council, subject to the Notification, Fees, and the procedures governing such hearing provided pursuant to this Chapter.

C.

Any decision by the Planning and Zoning Commission regarding the approval, denial, suspension, or revocation of a SUP or CUP may be appealed to the City Council. Subject to the Notice, Fees, and the procedures governing such hearing provided pursuant to this Chapter.

(Ord. No. 23-04, § 1, 4-13-2023)

A.

The planning and zoning commission may approve changes to zoning district classification on parcels of land within the city limits by way of a public hearing. A change in zoning district shall be for the purpose of meeting the land use needs of the residents of the city and in conformance with the city's land use plan.

B.

The application shall include the following information:

1.

The legal and common description of the property to be zone changed.

2.

The property's present and proposed zoning classification.

3.

The recommendation for use of the property by the city's land use plan.

4.

The reasons for requesting a zone change.

5.

Other information the planning and zoning commission may need to make a decision.

C.

No zone change shall be adopted until a public hearing has been held by the planning and zoning commission in accordance with this ordinance.

D.

The planning and zoning commission shall decide whether or not to approve a request for a zone change. In its deliberations, the planning and zoning commission shall not approve a zone change unless it finds it conforms to the city's land use plan, is in the public interest, and is not solely in the interest of the applicant.

E.

The planning and zoning commission may approve, deny, or table a request for a zone change for not more than one regularly scheduled meeting or for a period of time specified at the public hearing. The planning and zoning commission may approve an amendment to the original request for a zone change by changing the zone change request to a more restrictive zoning classification than requested. The R-S district is the most restrictive classification and the I-2 District is the least restrictive. Once the zone change is approved, the zoning administrator shall revise the official zoning map.

A.

The planning and zoning commission may approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements and, if the strict application of this ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner.

B.

The application shall include the following information:

1.

The legal and common description of the property to be considered for a variance.

2.

The property's present zoning classification.

3.

A site plan drawn to scale showing the subject property and all adjacent properties.

4.

The location, dimensions, and square footage of all structures, existing and proposed.

5.

The variance requested and existing hardships that caused the variance request.

6.

Any other information the planning and zoning commission may need to make a decision.

C.

No variance request shall be approved until a public hearing has been held by the planning and zoning commission in accordance with this ordinance.

D.

The planning and zoning commission shall decide whether or not to approve a variance request based on all oral and written statements from the applicant, the public, the city staff, and its own members. The planning and zoning commission shall also consider the effect of the proposed variance upon, neighborhood traffic, the public health, safety, and welfare of the community. The planning and zoning commission shall not approve a variance unless it is satisfied that the request will alleviate some unusual hardship, is consistent with the general intent of this ordinance, that it conforms to the comprehensive master plan- city's land use plan, and that it is in the public interest and is not solely in the interest of the applicant.

E.

Limitations, amendments, and revisions. The planning and zoning commission may approve, deny, or table a variance request for not more than one regularly scheduled commission meeting or for a period of time specified at the public hearing. The planning and zoning commission may stipulate conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set forth in this ordinance, to reduce or minimize the adverse effect the variance may have upon adjacent properties, and to ensure consistency with the general intent of the ordinance.

A.

Generally. Site plans for all commercial developments are required to promote attractive, well-planned and stable urban conditions. A site plan review ensures compatible interaction of the development with conditions surrounding the subject property and ensures the developments conformance with the regulations, provisions, and general intent of this and other ordinances.

B.

Site plan requirements. A site plan review of all proposed multiple-family dwellings, mobile home parks, professional offices, commercial, industrial, and other non-residential developments shall be required and submitted as part of the building permit process. Contact the planning and zoning staff for the requirements needed to complete a site plan or plan review.

C.

Review and decision by the city staff. City staff may review preliminary site plans, preliminary construction plans, and plans for a foundation permit or a building permit as needed for each project. Four sets of plans shall be submitted to the planning and zoning staff and a building permit application may be filled out in advance. The planning and zoning staff shall coordinate and schedule all site plan reviews. City staff shall decide whether to approve the plans, approve them with comments or deny them, based on the information provided.

D.

Limitations, alternatives, and revisions. City staff shall complete the site plan review within five business days from time of submission of all required documents and/or paperwork.

A.

Generally. A C-of-O shall be required before the owner may occupy a newly erected building, an existing building that has been remodeled, or for any change in use of an existing building. No building shall be occupied until it is determined by city staff that the building, its premises, and its use conform to the regulations of this and other ordinances.

B.

Certificate of occupancy application. A C-of-O and/or a business license must be approved by the building department before occupying new or structurally altered buildings.

C.

Issuance of a certificate of occupancy. A C-of-O is issued by the building inspector within ten business days after completion of construction and inspection by city staff. The building inspector shall not issue a C-of-O until all city staff determine that the building and its use conforms to the regulations of this and other ordinances. The building inspector may issue a 60-day, temporary certificate of occupancy (T-C-O) to allow for completion of punch-list items and partial occupancy. The building inspector may impose contingencies on either a C-of-O or T-C-O.