The mayor shall appoint the planning and zoning commission members to administer the provisions of this chapter.

(Ord. No. 190, § I(E(1)), 8-10-2020)

The village manager/clerk and deputy clerk have the authority to conduct inspection of buildings, structures and the use of land to determine compliance with this chapter. This provision does not grant right of entry without due process if necessary. The village manager/clerk and deputy clerk shall have the authority to conduct on-site inspections and gather other relevant information, as may be requested by the village council or planning and zoning commission for purposes of carrying out the requirements of this chapter.

(Ord. No. 190, § I(E(2)), 8-10-2020)

The village manager/clerk shall maintain an office to supply the public with information concerning this chapter and shall maintain the official village zoning map in an updated form. A zoning action file shall be maintained and shall contain records which include the following:

(1)

Conditional use permits.

(2)

Variances.

(3)

Applications for amendments.

(4)

Zoning appeals.

(5)

Building permit applications.

(6)

Zoning violations.

(Ord. No. 190, § I(E(3)), 8-10-2020)

The village manager/clerk shall review all active files for any given current year on an annual basis as needed. He/she will follow up on any open/pending items in the zoning action file with officials at the county and/or residents directly. The manager/clerk will update the files with the appropriate documents, including records of communications with residents and officials, final inspection reports, certificates of occupancy, building permits, observations of zone violations, etc.

(Ord. No. 190, § I(E(4)), 8-10-2020)

The village manager/clerk may institute any appropriate actions or proceedings whenever there is probable cause to believe there is a violation of this chapter. Any person aggrieved by an apparent violation of this chapter shall file a written complaint with the village manager/clerk who shall immediately investigate such complaint to determine if a violation of this chapter is found to exist. Whenever the village manager/clerk finds probable cause to believe a violation of this chapter exists, whether acting on independent initiative or in response to a complaint, the village manager/clerk shall notify the person responsible for the alleged violation in writing. Such notification shall order the necessary correction to be made within 45 days following the date of notification. Any person who fails to comply with the notification order shall be subject to penalties as stated in this chapter.

(Ord. No. 190, § I(E(5)), 8-10-2020)

Village business owners who rent space to subcontractors (i.e., beauty salons, art galleries, flea markets, etc.) shall ensure all of their subcontractors pay village gross receipts taxes. Owners shall provide the village manager/clerk a list of all subcontractors and notify the manager/clerk when changes to the list are necessary. This requirement does not apply to businesses that contract with the village and employ subcontractors. In such cases, those businesses contracting with the village shall ensure that subcontractors pay village gross receipts tax.

(Ord. No. 190, § XI(D), 8-10-2020)

Individuals selling products or conducting seasonal sales (wood, landscaping materials, produce, etc.) on private property alongside state or village roadways are classified as vendors. The owners of the property used by vendors shall be responsible for ensuring that gross receipts taxes are paid on all sales made by vendors on their property. Vending on public property or within roadway rights-of-way is prohibited.

(Ord. No. 190, § XI(E), 8-10-2020)

For purposes of this chapter, no building or structure shall be erected or building footprint altered upon any premises within the village without being reviewed and approved by the planning and zoning commission or village council.

(Ord. No. 190, § X(A), 8-10-2020)

(a)

The planning and zoning commission will make the final decision (to approve, deny or approve with conditions) for the following uses:

(1)

Permitted use.

(2)

Business registration.

(3)

Building or sign permit.

(b)

The planning and zoning commission will review and make a recommendation to the village council for the uses listed below. The village council will then make the final decision (to approve, deny, approve with variance or approve with conditions) on the following uses:

(1)

Conditional use.

(2)

Variance.

(3)

Zone change, including special use.

(4)

Zone text amendment.

(5)

Annexation.

(Ord. No. 190, § X(A), 8-10-2020)

The village council may amend any of the regulations, zones or zone boundaries established by this chapter.

(Ord. No. 190, § X(C(intro. ¶)), 8-10-2020)

Any request for an amendment to this chapter or to the zone map shall be submitted with a filing fee to the village manager/clerk on a prescribed application form obtainable at the village office. An application may be initiated by the village acting on behalf of the community at large. The village manager/clerk shall transmit the application and any supplementary information to the planning and zoning commission for review at the next available meeting pursuant to state statute notification requirements. The planning and zoning commission shall prepare and transmit a recommendation in writing to the village council.

(Ord. No. 190, § X(C(1)), 8-10-2020)

Whenever a zone change is proposed, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of land within 150 feet of the area proposed to be changed by zoning regulation. If any notice by first class mail is returned undeliverable, the village shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested.

(Ord. No. 190, § X(C(2)), 8-10-2020)

The property owner will be scheduled to attend a meeting of the planning and zoning commission that will review the project. At the meeting, the owner will present the project to the planning and zoning commission.

(Ord. No. 190, § X(C(3)), 8-10-2020)

The planning and zoning commission will recommend approval or denial to the council or may table the case for a specified future date.

(Ord. No. 190, § X(C(4)), 8-10-2020)

Upon receipt of the written recommendations of the planning and zoning commission, the village council shall call for a public hearing in which to make its decision on an application for amendment to this chapter or to the zone map. Notification of time and place of the public hearing shall adhere to the provisions of the Open Meetings Act. The village council shall conduct the public hearing, at which all interested parties and citizens shall have an opportunity to be heard.

(Ord. No. 190, § X(C(5)), 8-10-2020)

The council shall make its decision on a request for an amendment to this chapter no later than 45 days following the date of the public hearing. A decision by the council shall be made by a formal action to approve, to approve with conditions, to deny, or to remand the application back to the commission for additional review and recommendation prior to a final decision by the council.

(Ord. No. 190, § X(C(6)), 8-10-2020)

If the village council approves the project, the mayor will sign and stamp the plans.

(Ord. No. 190, § X(C(7)), 8-10-2020)

Upon final approval by the village council, the authorized village representative will prepare the approval documents. The owner will then contact the county for the permits necessary to complete the project. When the project is complete the property owner shall deliver to the village manager/clerk a copy of the building permits obtained from the county and copies of all code inspections that were conducted on the project, along with the certificate of occupancy if applicable to the project.

(Ord. No. 190, § X(C(8)), 8-10-2020)

Upon approval of a zone map amendment by ordinance, the zone map will be updated accordingly.

(Ord. No. 190, § X(C(9)), 8-10-2020)

Applicants must legibly complete and submit their request to the village manager/clerk on official forms, available at the village offices. The appropriate administrative review fee will be paid in full before the application will be reviewed.

(Ord. No. 190, § X(D(1)), 8-10-2020)

Prior to contacting the village about proposed changes to their property, including erecting a structure or altering the existing building footprint, private or commercial owners shall develop a site plan that accurately depicts the intended modification.

(Ord. No. 190, § X(D(2)), 8-10-2020)

When any structure construction or structure placement is planned, the property owner shall provide a written description of the project and a drawing depicting the planned construction or structure placement. The drawing shall include, at a minimum, the property boundaries, the location of the construction or structure placement and the relationship of the project to all the setbacks.

(Ord. No. 190, § X(D(3)), 8-10-2020)

If the planned project will remodel an existing structure and it changes the footprint, the owner shall provide a written description of the project. If the project includes a change to the structure's footprint, a drawing will be included depicting the property boundaries, the new footprint, the setbacks relative to the new footprint and any change to the elevation of the structure.

(Ord. No. 190, § X(D(4)), 8-10-2020)

If access to state or federal highways is planned, NMDOT District Three Office must approve that access.

(Ord. No. 190, § X(D(5)), 8-10-2020)

Any site proposal for a development containing 10,000 square feet of floor space or more shall include a traffic impact analysis of traffic to be generated by the development and its effect on the surrounding street system.

(Ord. No. 190, § X(D(6)), 8-10-2020)

(a)

The development plan shall include an estimate of the anticipated water usage during construction and when the project is in operation.

(b)

The site shall be located with direct access to a state or federal arterial highway. Access to said highway must be approved by NMDOT District Three Office.

(c)

At least ten percent of the required off street parking area shall be landscaped and maintained in a clean and healthy condition. All outside storage and refuse collection areas shall be screened from public view to the greatest extent possible.

(d)

A minimum ten-foot-wide landscaped area shall be contiguous to all property lines along any adjacent residential zoned lands. A solid six-foot fence and/or barrier shall be used in order to establish a visual screen.

(e)

The exterior lighting of all buildings, structures, and surrounding grounds shall provide illumination for safety purposes, and shall be placed and screened to the extent possible such that it does not shine directly or reflect on or into any adjoining residential properties or public right-of-way.

(Ord. No. 190, § X(D(7)), 8-10-2020)

An approved site development plan may be voided for either of the following reasons:

(1)

Either the developer or other evidence indicates that significant changes have been made to the approved plan.

(2)

A building permit has not been obtained within one year following the date of approval of the site development plan.

(3)

If an approved site development plan becomes void, the conditional use permit for the site shall be terminated, if applicable.

(Ord. No. 190, § X(H), 8-10-2020)

The planning and zoning commission may approve a variance from the strict application of area, height, dimension, distance, setback, off-street parking, and off-street loading requirements of this chapter in the case of exceptional physical conditions where the strict application of the requirements of this chapter would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of land or building.

(Ord. No. 190, § X(E(intro. ¶)), 8-10-2020)

The planning and zoning commission may deny any request for a variance that is based on conditions which are the result of the actions of the applicant.

(Ord. No. 190, § X(E(intro. ¶)), 8-10-2020)

(a)

Where appropriate, a variance may be granted, provided that:

(1)

The variance will not be contrary to the public interest;

(2)

The variance will not adversely affect adjacent property owners or residents;

(3)

The conditions are unique to the property; and

(4)

The variance is authorized for lot controls (i.e., setbacks and not for use of the premises).

(b)

In considering a request for approval of a variance, the planning and zoning commission may impose any condition deemed to be in the best interests of the village.

(Ord. No. 190, § X(E(1)—(5)), 8-10-2020)

The planning and zoning commission shall consider the following:

(1)

Accessibility to property and proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, all streets/roads and emergency access in case of fire, flood or catastrophe;

(2)

Off-street parking and loading areas where required, with particular attention to refuse and service areas;

(3)

All locations on site for water, septic, sewer, and liquid waste facilities, with reference to soil limitations, locations, and public health;

(4)

The economic, noise, glare, or odor effects of the proposed use on adjoining properties;

(5)

On-site drainage and stormwater runoff;

(6)

General compatibility with adjacent properties and other properties in the vicinity;

(7)

Significant hazard, annoyance, or inconvenience to the owners or occupants of nearby property;

(8)

The overall health and safety of the community; and

(9)

The goals and objectives of the comprehensive plan.

(Ord. No. 190, § X(E(5)(a)—(i)), 8-10-2020)

Conditional uses shall not be allowed except upon approval by the village council after review and recommendation of the planning and zoning commission for issuing a permit and subject to any conditions which the village council may impose. All hearings for conditional uses shall comply with the Open Meetings Act.

(Ord. No. 190, § X(F(intro. ¶)), 8-10-2020)

Any request for a conditional use permit shall be submitted with a filing fee to the village manager/clerk on a prescribed application form obtainable at the village office.

(Ord. No. 190, § X(F(1)), 8-10-2020)

The village manager/clerk shall transmit the completed application and any supplementary information to the commission for review and recommendation. The commission will transmit the recommendation to approve, deny or approve with conditions to the council. The commission may also table the case for a specified future date.

(Ord. No. 190, § X(F(2)), 8-10-2020)

The village council shall not approve any conditional use permit unless satisfactory provision has been made concerning the following, where applicable:

(1)

Accessibility to property and proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, and emergency access in case of fire, flood, or catastrophe.

(2)

Off-street parking and loading areas where required, with particular attention to the refuse and service areas.

(3)

Water and wastewater facilities, with reference to soil limitations, locations, and public health.

(4)

The noise, glare, or odor effects of the conditional use on adjoining properties.

(Ord. No. 190, § X(F(4)), 8-10-2020)

All conditional use permits shall be issued for the period of time the village council determines to be consistent with the public interest and the criteria contained in this subsection, or as provided in this chapter, and shall be specified in writing at the time of issuance of the permit. At the expiration of any conditional use permit, the village council must approve an application for renewal of the conditional use permit after the review and recommendation of the planning and zoning commission.

(Ord. No. 190, § X(F(5)), 8-10-2020)

Any person aggrieved by a decision of the planning and zoning commission or of the village council in carrying out the provisions of this chapter may appeal such decision to the village council (if decision reached by planning and zoning commission) or district court (if decision reached by village council). Such appeal must set forth specifically all claims of an error or an abuse of discretion, or where the decision was not supported by the evidence in the matter.

(Ord. No. 190, § X(G(intro. ¶)), 8-10-2020)

Any appeal following a decision of the planning and zoning commission or council shall be made in writing on prescribed forms obtainable at the village office upon payment of the applicable filing fee and submitted to the village manager/clerk. The council shall not consider any appeal not submitted within 15 days after the decision, which is the subject of the appeal. The village manager/clerk shall submit all papers involved in the proceedings to the council within 30 days after the receipt of the appeal application.

(Ord. No. 190, § X(G(1)), 8-10-2020)

The village council, following a public hearing, shall issue its decision on appeal. Notification of the time and place of the public hearing shall be consistent with the Open Meetings Act.

(Ord. No. 190, § X(G(2)(a)), 8-10-2020)

An appeal shall stay all proceedings in the action unless the village manager/clerk certifies that a stay will cause imminent peril to life or property. Upon such certification, the proceedings shall not be stayed except by order of district court.

(Ord. No. 190, § X(G(2)(b)), 8-10-2020)

A majority vote of the members of the village council is required to reverse, change, or affirm a previous decision made by the village council or a decision of the planning and zoning commission.

(Ord. No. 190, § X(G(2)(c)), 8-10-2020)

Appeals of the council will be made to the district court.

(Ord. No. 190, § X(G(2)(d)), 8-10-2020)

Annexation to the village is governed in accordance with the provisions of state law.

(Ord. No. 190, § X(I(1)(a)—(c)), 8-10-2020)

State Law reference— Similar provisions, NMSA 1978, § 3-7-1(A).

Any request for annexation into the village shall be filed and processed concurrently with an application for zone map amendment as provided in this chapter and in a manner consistent with state statutes.

(Ord. No. 190, § X(I(2)), 8-10-2020)

This section addresses the fees associated with administrative filings and business registrations. It addresses the responsibilities of business owners as they relate to use of subcontractors and vendors. Finally, the section outlines the penalties for violations of this chapter.

(Ord. No. 190, § XI(A), 8-10-2020)

Property owners subject to this chapter will be charged a fee by the village for administrative review and approval of all projects. For a list of fees associated with administrative filings and business registrations, please contact the village.

(Ord. No. 190, § XI(B), 8-10-2020)

All fees shall be subject to change by resolution of the village council.

(Ord. No. 190, § XI(C), 8-10-2020)