The Commission shall hold regular monthly meetings open to the public and advertised at least seven calendar days in advance in one newspaper of general circulation in the City. Special meetings may be held by the Commission for items of urgency following twenty-four-hour advance notification of the place, time, and date of the meeting and items to be considered. The notice shall be posted in three public places.

The Commission may decide administrative items, home occupation permits, variances and conditional use applications in open meetings and may review applications for subdivisions, historic district permits, special use permits, vacation of rights-of-way, annexations, and must be held, however, before the Commission votes a recommendation to the City Council for subdivisions, historic district permits, special use permits, vacation of rights-of-way annexation or amendments to this chapter or the Zoning Map. Hearings may be held in conjunction with scheduled meetings of the Commission.

Public notice requirements. Notice of the time and place of the public hearing shall be published at least 15 days prior to the date of the hearing in one newspaper of general circulation in the City.

Notice to property owners requirement.

Recommendations of the Planning and Zoning Commission. Recommendations of the Commission shall be made in accordance with the criteria stated in Article II of this chapter.[1]

Report to the City Council. The Commission shall state its findings in its minutes and shall provide the City Council with a copy of its minutes.

Grounds for appeal. Any aggrieved person, officer, department board or bureau of the City that is affected by a decision of an administrative officer, commission, or council in the administration or enforcement of this chapter, or any other resolution, rule, or regulation adopted pursuant to NMSA 1978, §§ 3-21-1 through 3-21-12, as amended, may appeal such decision to the Commission or to the City Council, as appropriate. Such appeal must be initiated in writing within 15 days after all other procedures authorized by this chapter have been exhausted.

Submission requirements. An appeal shall state specifically the claim of error or abuse. The appeal shall be filed with the Zoning Administrator/Code Enforcement Officer for placement on the agenda of the Commission or City Council.[2]

Authority of the City Council. When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official or commission in the enforcement of this chapter, or any other resolution, rule or regulation adopted pursuant to the state statutes, the City Council, by a majority vote of all its provisions of this chapter have been exhausted, reverse, or affirm any order, requirement, decision or determination of an administrative official or commission; or make any change in an order, requirement, decision or determination of an administrative official.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer, official, commission, or board from whom or which the appeal is taken certifies that by reason of facts a stay would cause imminent peril to life and property. Upon certification, the proceedings shall not be stayed except by order of the District Court after notice to the official, commission, or board from whom or which the appeal is taken.[3]

Notice of appeal. Public notice of an appeal must be given in the manner of hearings of the Commission and as stated in § 250-7.2A of this chapter.

Fee. A fee of $50 must accompany each appeal. The entire fee shall be refunded if the appeal is decided in favor of the appellant.

Time for decision. An appeal shall be decided within 60 days of its filing.

Protest of zoning change by property owners. If the owners of 20% or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation object, the proposed change in zoning shall not become effective unless approved by a majority vote of all members of the City Council.[4]