There shall be three (3) types of deviation from the requirements of this TND district: administrative warrants, town council discretionary warrants, and variances. Whether a deviation requires an administrative warrant, a town council discretionary warrant, or a variance shall be determined by the code administrator.

An administrative warrant may be granted by the code administrator for a deviation of less than ten percent (10%) of a specific dimensional development standard. The applicant shall provide scaled drawings and calculations that illustrate the deviation and a written justification for the administrative warrant.

A town council discretionary warrant shall be limited to issues such as the size, location and design of civic spaces and the design and development of civic buildings (see section 16.16.230.11, tables 11 and 12 of this chapter). An application for a town council discretionary warrant must be reviewed by the planning and zoning commission during a preliminary and final public hearing. The planning and zoning commission may recommend approval, approval with conditions, or deny an application for a town council discretionary warrant. Having reviewed the application for a town council discretionary warrant, the planning and zoning commission will make a recommendation to the town council.

All variances shall be processed and conform to the requirements of this code and New Mexico law.

The request for a town council discretionary warrant or for a variance shall not subject the entire application to public hearing, but only that portion necessary to rule on the specific issue for which relief is sought.

The standards for the transect zones are set forth in sections 16.16.230.9, 16.16.230.10 and 16.16.230.11 of this chapter. Projects that require no variances, a town council discretionary warrant, or a conditional use permit shall be processed administratively by the code administrator.