This title shall be known, and may be cited and referred to, as the city of Tucumcari Unified Development Code.

(Ord. 1052 (part), 2007)

This title is adopted pursuant to Chapters 3 and 5 of NMSA 1978.

(Ord. 1052 (part), 2007)

The provisions of this title shall take precedence over previously adopted ordinance pertaining to the same subject matter. Except as specifically provided within this title, there shall be no grandfathering for new uses or carry over of previously adopted standards.

(Ord. 1052 (part), 2007)

The purpose of this title is to provide for orderly development within the city of Tucumcari to protect and promote the health, safety and general welfare of the community.

(Ord. 1052 (part), 2007)

A person shall not use or subdivide any land within the city of Tucumcari in a manner contrary to this title, except as may be specifically permitted herein, and shall be subject to all regulations and conditions enumerated in this title.

(Ord. 1052 (part), 2007)

A.

Construction.

1.

Definitions Generally. When used in this title, the words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses, and the future tense includes the past. The singular number includes the plural, and the plural, the singular.

2.

Time of Day. Whenever a certain hour or time of day is specified in these regulations or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the city.

3.

Number of Days. Whenever a number of days is specified in these regulations or any permit, conditions of approval or notice issued or given as set forth in these regulations, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days.

4.

Rounding of Quantities. Whenever these regulations require consideration of distances, parking spaces of other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number, when the fraction is one-half or more, and to the next lowest whole number when the fraction is less than one-half, except as otherwise noted in this title.

B.

Headings and Subheadings. All heading and subheadings contained in these regulations shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, section or subsection of these regulations.

(Ord. 1052 (part), 2007)

A.

Community Development Director. The community development director (director), or his or her designee, is a city employee from the community development department. The director has the duty of enforcing this title and the following additional duties:

1.

Review and act on certain applications as provided for in this title;

2.

Monitor structures and land uses for compliance with this title;

3.

Maintain records of this title and any amendments, and all applications filed and their final disposition, in accordance with applicable laws and regulations;

4.

Attend all meetings of the planning commission. Attend all meetings of the governing body, as required by that body;

5.

Provide information to the public as requested about the unified development code and the official zoning map;

6.

Investigate and prepare reports for the planning commission and governing body concerning certain applications and appeals as provided for in this title;

7.

Act to remedy violations of this title as may be permitted by law.

B.

Planning and Zoning Commission (planning commission) is hereby established. Said planning commission shall consist of five members to be appointed by the governing body. The term of office of the planning commission members shall be two years. Planning commission members may be removed for just cause from office by the governing body for the remaining term of any member thereof. Any planning commissioner removed by the governing body may request that the governing body provide such reason in writing.

1.

General Procedures. The planning commission shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this title. Meetings shall be held at least once monthly on a regularly scheduled basis and at other such times as the planning commission may determine. Meetings shall be duly advertised as required and open to the public. The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if a member be absent or fail to vote, such fact shall be indicated. The planning commission shall keep a record of all its official actions. The record shall be kept in the planning department as a public record.

2.

Officers. The planning commission shall elect a chairman, vice-chairman, and second vice-chairman by majority vote for one-year terms. Three members shall constitute a quorum for a meeting. If a quorum is not achieved, the meetings shall be rescheduled for a later date. All matters upon which the planning commission decisions are necessary shall be decided by a majority vote of those present at a meeting with the necessary quorum declared, except as may otherwise be provided for in this title. Any planning commission member who has a personal financial or familial interest or a conflict of interest in any case shall disqualify himself from sitting on the planning commission in such situation.

3.

Powers and Duties. The planning commission's powers and duties include review, action and/or recommendation on certain application and appeals that may come before it for review.

(Ord. 1052 (part), 2007)

(Ord. No. 1100, § 1, 12-29-2011)

The city shall collect fees for processing applications received under this title. Fees shall be adopted by resolution by the governing body and reviewed and updated as the need occurs. All fees shall be determined and adopted in accordance with applicable state and local laws.

(Ord. 1052 (part), 2007)

A.

Administrative Review. The following describes the applications and process for administrative review for certain applications. The community development director shall approve, conditionally approve, or deny all applications eligible for administrative review. The director may apply conditions as are found necessary to protect the public health, safety, and general welfare, and assure compliance with provisions and standards included in these regulations. At his or her discretion, the community development director may also refer, with a recommendation, any application eligible for administrative review to the next available planning commission meeting for approval, conditional approval, or denial.

1.

Sign Permit and Minor Sign Variance. All permitted signs requiring an application shall obtain a sign permit prior to installation of any sign. All sign permits are eligible for administrative review.

a.

The following materials are required for submittal of a complete sign permit application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed signs on the subject property. The site plan shall include adequate detail to determine the relationship of the proposed signs to other structures and signs located on the property.

v.

A scaled drawing of all proposed signs.

vi.

Other information as required by the director to process the application.

b.

An application for a sign permit that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall review all sign permits for consistency with the unified development code within ten (10) days of acceptance of an application and shall make a decision to approve, conditionally approve, or deny the sign permit. The decision of the director shall only consider the consistency of the proposed application with the unified development code and shall not consider sign content or other unrelated matters in his or her decision.

d.

No public notification for sign permits is required.

e.

The decision of the director may be appealed to the planning commission in accordance with this chapter.

f.

Expiration of Sign Permits and Minor Sign Variances. Approval of a sign permit or minor sign variance shall expire and become null and void three years after the approval date, unless the project has been vested or a time extension has been requested and granted following the same procedure as a new application.

2.

Plot Plan Review. A plot plan review shall be required for all new single-family dwellings, all additions to single-family dwellings, including mobilehomes, multifamily dwellings containing not more than two units, all accessory structures under four hundred (400) square feet, walls and fences six feet or less in height, all new commercial and industrial buildings and additions with less than five thousand (5,000) square feet of floor area, that do not require a conditional use permit.

a.

The following materials are required for submittal of a complete plot plan review application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed structures, parking areas, streets, utilities and similar features on the subject property.

v.

Scaled elevation drawings of all sides of proposed structures. Elevations shall also indicate proposed colors and materials.

vi.

Elevation certificate issued by FEMA.

vii.

Other information as required by the director to process the application.

b.

An application for a plot plan review that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall review all plot plan reviews for consistency with the unified development code within ten (10) days of acceptance of an application and shall make a decision to approve, conditionally approve, or deny the plot plan review. The director shall only consider the consistency of the proposed application with the unified development code as supported by the evidence and shall not consider other unrelated matters in his or her decision.

d.

The following findings shall be made for approval of a plot plan review:

i.

The plot plan review application is consistent with the comprehensive plan, zoning ordinance, and all other applicable plans and regulations.

ii.

The proposed building, structure, signage, site development, and landscaping is compatible in its design, appearance, and size with the requirements of the unified development code.

e.

No public notification for plot plan reviews is required.

f.

The decision of the director may be appealed to the planning commission in accordance with this chapter.

g.

Expiration of Plot Plan Review. Approval of a plot plan review shall expire and become null and void three years after the approval date, unless the project has been vested or a time extension has been requested and granted following the same procedure as a new application.

3.

Site Plan Review. A site plan review shall be required for all permitted uses that cannot be reviewed as a plot plan review under this chapter and that do not require a conditional use permit.

a.

The following materials are required for submittal of a complete site plan review application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed structures, parking areas, streets, utilities and similar features on the subject property and within fifty (50) feet of the property.

v.

Scaled elevation drawings of all sides of proposed structures. Elevations shall also indicate proposed colors and materials.

vi.

Preliminary grading plans.

vii.

Landscape plans, if applicable.

viii.

Other information as required by the director to process the application, such as, but not limited to, soils reports, traffic impact studies, photometric analysis, water availability reports, and preliminary title reports.

b.

An application for a site plan review that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall send the completed application to appropriate state and local agencies, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and a review of the application.

d.

The director shall review all site plan reviews for consistency with the unified development code within thirty-two (32) days of acceptance of an application or any additional materials that were required as a result of agency review, and shall make a decision to approve, conditionally approve, or deny the site plan review. In making a decision on the project the director may consider agency and public comments, in addition to consistency of the proposed application with the unified development code as supported by the evidence.

e.

The following findings shall be made for approval of a site plan review:

i.

The site plan review application is consistent with the comprehensive plan, zoning ordinance, and all other applicable plans and regulations.

ii.

The proposed building, structure, signage, site development, and landscaping is compatible in its design, appearance, and size with existing uses and development in the adjacent areas.

f.

All property owners within one hundred (100) feet of the property shall be mailed notification of the application a minimum of twenty (20) days prior to action by the director.

g.

The decision of the director may be appealed to the planning commission in accordance with this chapter.

h.

Expiration of Site Plan Review. Approval of a site plan review shall expire and become null and void three years after the approval date, unless the project has been vested or a time extension has been requested and granted following the same procedure as a new application.

4.

Sketch Plat. A sketch plat is required for all subdivisions prior to submittal of a preliminary plat. The purpose of a sketch plat is to provide guidance to the developer prior to preparation and submittal of a preliminary plat.

a.

Data. The following minimum data is required for preapplication reviews:

i.

Location Map. A location map shall show the relationship of the proposed plat to existing community facilities which serve it; all abutting streets, land uses, public facilities such as schools and parks, and a north arrow.

ii.

Sketch Plan. A simple sketch plat on a current topographic survey shall show the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plat should show adequate details to provide the planning director with an understanding of the proposal.

iii.

Written Information. General plat information shall list the name and address of the subdivider and his or her agent, if any, total area of the proposed plat, the existing conditions of the site, and the proposed development, and other information as necessary to supplement the sketch plat. This information shall include data on existing covenants and land characteristics including surface drainage, grading, landfill areas, and available private and municipal utilities. This information shall also describe the subdivision proposal, such as the number and typical lot width and depth of residential lots, business areas, public areas and proposed utilities.

b.

Review. The planning director, within thirty (30) days of sketch plan submittal, shall inform the subdivider whether the sketch plat and data meet the intent of these regulations. If the sketch plat and data do not meet the intent, the planning director shall express the reasons and advise the subdivider on the short-comings of the sketch plat.

B.

Planning Commission Review. The following describes the applications and process for planning commission review of certain applications. The planning commission shall approve, conditionally approve, or deny all applications when they are the decisionmaking body, and shall make recommendations of approval, conditional approval, or denial of applications for which the planning commission makes recommendations to the governing body. The planning commission may apply conditions as it finds necessary to protect the public health, safety, and general welfare, and assure compliance with provisions and standards included in these regulations. The planning commission is the decisionmaking body for administrative reviews that have been referred to the planning commission from the director.

1.

Conditional Use Permit. A conditional use permit shall be required for all uses that require a conditional use permit as noted in these regulations. The planning commission is the decisionmaking authority for conditional use permits.

a.

The following materials are required for submittal of a complete conditional use permit application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed structures, parking areas, streets, utilities and similar features on the subject property and within fifty (50) feet of the property.

v.

Scaled elevation drawings of all sides of proposed structures. Elevations shall also indicate proposed colors and materials.

vi.

Preliminary grading plans.

vii.

Landscape plans, if applicable.

viii.

Other information as required by the director to process the application, such as, but not limited to, soils reports, traffic impact studies, photometric analysis, water availability reports, and preliminary title reports.

b.

An application for a conditional use permit that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall send the completed application to appropriate state and local agencies, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and review of the application.

d.

The director shall advertise the project for a public hearing in accordance with these regulations after the twenty-one (21) day review period or after any additional required information is provided, whichever is later.

e.

The director shall notify all property owners within one hundred (100) feet of the property by certified mail of the application a minimum of twenty (20) days prior to the hearing.

f.

The planning commission at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, consistency with the findings in subsection (B)(1)(g) of this section, and other applicable plans and ordinances. The planning commission shall consider the staff report, public testimony, and neighborhood compatibility and appropriateness of the conditional use permit in making their decision as supported by the evidence.

g.

The following findings shall be made for approval of a conditional use permit:

i.

The conditional use permit application is consistent with the comprehensive plan, zoning ordinance, and all other applicable plans and regulations.

ii.

The proposed building, structure, signage, site development, and landscaping is compatible in its design, appearance, and size with existing uses and development in the adjacent areas.

iii.

The proposed use will not be injurious to adjacent property, the neighborhood, or the community at large, nor shall the proposed use be injured by another, existing structure or use.

h.

The decision of the planning commission may be appealed to the governing body in accordance with this chapter.

i.

Expiration of Conditional Use Permits. Approval of a conditional use permit shall expire and become null and void one year after the approval date, unless the project has been vested or a time extension has been requested and granted following the same procedure as a new application.

2.

Variance. A variance from these regulations may be requested for any dimensional requirement. A variance to allow a use is not permitted. The planning commission is the decisionmaking authority for variances.

a.

The following materials are required for submittal of a complete variance application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed structures, parking areas, streets, utilities and similar features on the subject property and within fifty (50) feet of the property.

v.

Scaled elevation drawings of all sides of proposed structures. Elevations shall also indicate proposed colors and materials.

vi.

Preliminary grading plans.

vii.

A written justification addressing the findings noted in subsection (B)(2)(g) of this section, as to why the variance application should be granted.

viii.

Landscape plans, if applicable.

ix.

Other information as required by the director to process the application, such as, but not limited to, soils reports, traffic impact studies, photometric analysis, water availability reports, and preliminary title reports.

b.

An application for a variance that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall send the completed application to appropriate state and local agencies, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and review of the application.

d.

The director shall advertise the project for a public hearing in accordance with these regulations after the twenty-one (21) day review period or after any additional required information is provided, whichever is later.

e.

The director shall notify all property owners within one hundred (100) feet of the property by certified mail of the application a minimum of twenty (20) days prior to the hearing.

f.

The planning commission at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, consistency with the findings in subsection (B)(2)(g) of this section, and other applicable plans and ordinances. The planning commission shall consider the staff report, public testimony, and neighborhood compatibility and appropriateness of the variance in making their decision as supported by the evidence.

g.

The following findings shall be required for approval of a variance:

i.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that the strict application of the regulations codified in this title deprives such property of privileges enjoyed by other property in the vicinity with identical zoning designation or causes an unnecessary hardship to the property owner; and

ii.

Granting the variance will not be materially detrimental to the health, safety, or welfare of surrounding property owners, the city of Tucumcari, or the general public;

iii.

Granting the variance will not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel; and

iv.

Granting the variance will differ from development permitted under existing zoning no more than is necessary to overcome the hardship.

h.

The decision of the planning commission may be appealed to the governing body in accordance with this chapter.

i.

Variance Expiration. An approved variance shall run with the land until such time as the conditions that required the variance change such that the variance is no longer necessary, such as through lot consolidation, then the variance shall be deemed null and void.

3.

Preliminary Plat. The planning commission shall make a recommendation to the governing body, who shall be the decisionmaking body on all preliminary plats. The requirements and processing procedures for a preliminary plat are contained in the Chapter 4. 4. Final Plat. The planning commission shall make a recommendation to the governing body, who shall be the decisionmaking body on all final plats. The requirements and processing procedures for a final plat are contained in Chapter 4. 5. Zone Map Amendment. The planning commission shall review and make recommendations to the governing body on all zoning map amendments.

a.

The following materials are required for submittal of a complete zone map amendment application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A scaled site plan that shows the location of all existing and proposed structures, parking areas, streets, utilities and similar features on the subject property and within fifty (50) feet of the property.

v.

A written justification on the reasons for a zone map amendment and why it is more advantageous to the city and public if it is granted.

vi.

Other information as required by the director to process the application, such as, but not limited to, soils reports, traffic impact studies, water availability reports, and preliminary title reports.

b.

An application for a zone map amendment that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall send the completed application to appropriate state and local agencies, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and review of the application.

d.

The director shall advertise the project for a public hearing in accordance with these regulations after the twenty-one (21) day review period or after any additional required information is provided, whichever is later.

e.

The director shall notify all property owners within one hundred (100) feet of the property by certified mail of the application a minimum of twenty (20) days prior to the hearing.

f.

The planning commission at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, and other applicable plans and ordinances. The planning commission shall consider the staff report, public testimony, and neighborhood compatibility and appropriateness of the proposed zone change as supported by the evidence in developing their recommendation for approval or denial to the governing body.

g.

The recommendation of the planning commission is forwarded to the governing body for final decision and action on the application.

6.

Unified Development Code Amendment. The planning commission shall review and make recommendations to the governing body on all unified development code amendments.

a.

The following materials are required for submittal of a complete unified development code amendment application. The number of copies shall be determined by the director.

i.

A completed city application form.

ii.

Written authorization from the property owner, if the applicant is not the owner, if applicable.

iii.

Fees in accordance with the adopted fee resolution.

iv.

A specific detailed description and justification of the request. Unless a new section is proposed to be added to the development code, the changes shall be shown in strike-out for deletion from the existing code and italics for the new language that is proposed to be added.

v.

Other information as required by the director to process the application.

b.

An application for a unified development code amendment that does not contain all of the materials required shall not be accepted for processing.

c.

The director shall send the completed application to appropriate state and local agencies, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and review of the application.

d.

The director shall advertise the project for a public hearing in accordance with these regulations after the twenty-one (21) day review period or after any additional required information is provided, whichever is later.

e.

The planning commission at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, and other applicable plans and ordinances. The planning commission shall consider the staff report, public testimony, and the impacts of the proposed amendment on the city as a whole as supported by the evidence in developing their recommendation for approval or denial to the governing body.

f.

The recommendation of the planning commission is forwarded to the governing body for final decision and action on the application.

C.

Governing Body Review. The following describes the applications and process for governing body review of certain applications. The governing body shall approve, conditionally approve, or deny all applications before it. The governing body may apply conditions as are found necessary to protect the public health, safety, and general welfare, and assure compliance with provisions and standards included in these regulations. The governing body may also refer an application back to the planning commission if new information becomes available that was not available when the planning commission made its recommendation.

1.

Preliminary Plat. The governing body is the decisionmaking authority for all preliminary plats. The requirements and processing procedures for a preliminary plat are contained in Chapter 4. 2. Final Plat. The governing body is the decisionmaking authority for all final plats. The requirements and processing procedures for a final plat are contained in Chapter 4. 3. Zone Map Amendment. The governing body shall make the final decision to approve or deny an application for a zone map amendment.

a.

After the planning commission has reviewed and made a recommendation on a zone map amendment application, the director shall advertise the project for a public hearing in accordance with these regulations.

b.

The director shall notify all property owners within one hundred (100) feet of the property by certified mail of the application a minimum of twenty (20) days prior to the hearing.

c.

The governing body at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, and other applicable plans and ordinances. The governing body shall consider the recommendation of the planning commission, staff report, public testimony, and the impacts of the proposed amendment on the city as a whole in making their decision as supported by the evidence.

d.

The decision of the governing body on zone map amendments is final.

e.

Should an application for a zone map amendment be denied, an application for the same zone on the subject parcels shall not be accepted for processing for one year.

4.

Unified Development Code Amendment. The governing body shall make the final decision to approve or deny an application for a unified development code amendment.

a.

After the planning commission has reviewed and made a recommendation on a unified development code amendment application, the director shall advertise the project for a public hearing in accordance with these regulations.

b.

The governing body at a public hearing shall review the application for consistency with the comprehensive plan, zoning ordinance, and other applicable plans and ordinances. The governing body shall consider the recommendation of the planning commission, staff report, public testimony, and the impacts of the proposed amendment on the city as a whole in making their decision as supported by the evidence.

c.

The decision of the governing body on unified development code amendments is final.

D.

Multiple Applications. When multiple applications for the same property are filed, the applications shall be heard together. When the applications have differing approval authorities, the highest approval authority shall have the authority over all the applications, with the other bodies making recommendations.

(Ord. 1052 (part), 2007)

A.

Appeals. Appeals shall be conducted in the following manner:

1.

Decisions of the Director. Any administrative review decision made under Section 17.01.090(A) may be appealed to be heard by the planning commission. The decision may be appealed by the applicant, any property owner or resident within three hundred (300) feet of the property, or the governing body.

2.

Decisions of the Planning Commission. Any planning commission review decision made under Section 17.01.090(B), except for guidance on sketch plats per Section 17.01.090(A)(4), may be appealed to be heard by the governing body. The decision may be appealed by the applicant, any property owner or resident within three hundred (300) feet of the property, or the governing body.

3.

Filing of Appeals. Appeals must be filed no later than fifteen (15) calendar days after the decision is rendered on the matter being appealed. Appeals to the planning commission shall be filed with the director. Appeals to the governing body shall be filed with the city clerk.

4.

Appeal Content. All appeals shall be filed in writing on forms provided by the director. The appeal shall cite the basis of the appeal, including the person's basis for standing, and how the person filing the appeal is negatively impacted by the decisionmaking body's determination.

5.

Notice of the Appeal. All appeals shall be noticed in the same manner as required for the application being appealed.

6.

Consideration of Appeal. The hearing body shall only consider evidence on the record for the subject application. The hearing body shall only consider whether the decision maker made the proper decision based upon the evidence that was part of the record at the time of the decision.

7.

Action on Appeals. The hearing body shall uphold or deny the appeal, or may remand the application to the previous decisionmaking body for further consideration. The hearing body may apply conditions as are found necessary to protect the public health, safety, and general welfare, and assure compliance with provisions and standards included in these regulations.

8.

Effective Date of Appealed Action. The effective date of a decision rendered by the director shall not become final until it is upheld by the planning commission or not appealed within the time required for such an appeal. A decision rendered by the planning commission shall not become effective until it is upheld by the governing body or not appeals within the time required for such an appeal.

(Ord. 1052 (part), 2007)

A.

Amendments. The governing body may, from time to time, amend or modify these ordinances after public hearing, due notice of which shall be given as required by law. Amendments shall be processed in accordance with Section 17.01.090. The planning commission and/or governing body may direct city staff to prepare an application for amendment on behalf of the city.

(Ord. 1052 (part), 2007)

A.

Manner of Notice. Notice shall be given for applications in accordance with the following:

1.

Content. The text of the notice shall contain at a minimum the following: time and place of hearing; name of applicant; application reference code; location of the property affected by the application; a brief description of the action proposed in the application; and contact information for the individual in the city responsible for processing the application.

2.

Time of Notice. All public hearing notices shall be mailed or published a minimum of twenty (20) days prior to the hearing, unless otherwise required by law.

3.

Method of Notice. All public notices shall be provided by the following three methods:

a.

Mail. Notice shall be provided to all property owners within one hundred (100) feet of the subject property boundaries as shown on the latest county assessor property tax rolls by certified mail. If the number of notices to be mailed exceed three hundred (300), notice may be posted on all streets adjacent to the subject property in lieu of mailing. If the notice is posted rather than mailed, the posting shall be a minimum of two feet by four feet and be easily readable from the adjacent street.

b.

Newspaper. Notice shall be published at least once in a newspaper having general circulation in the city.

c.

Website. An electronic version of the notice shall also be posted on the city's website.

(Ord. 1052 (part), 2007)

A.

Maintenance of Records. The city clerk shall be responsible for determining the length of time that all records and paperwork shall be maintained in accordance with applicable local, state, and federal laws.

B.

Status of Submitted Materials. All materials submitted in accordance with this title shall be a matter of public record.

C.

Request for Records. Any member of the public may request to examine any record maintained for the purpose of implementing this title. Requests, including fees for reproduction, for inspection of records and reproduction shall be in accordance with policies established by the city clerk.

(Ord. 1052 (part), 2007)

A.

Violations.

1.

Construction, use of land, or transfer of lots, that violate any provision of these regulations is strictly prohibited.

2.

Violations shall bring cause for legal action by the city to have the violation stopped, corrected and/or removed and a penalty assessed.

3.

Violations of conditions of approval may be cause for the city to revoke or modify existing entitlements.

B.

Remedies and Penalties.

1.

Revocation and Modification. The planning commission, on its own motion or by direction from the governing body, may recommend, and the governing body may approve the revocation and/or modification of any previously approved application or granted entitlement, subject to recognition of accrued vested rights, after holding a properly noticed public hearing on the matter where any of the following findings can be made:

a.

The approved application or entitlement was obtained by fraud; or

b.

The approved application or entitlement is not being exercised; or

c.

The approved application or entitlement has ceased or has been suspended for a period of time and is causing detriment to the public health safety, and welfare, or constitutes a public or private nuisance; or

d.

The use for which the approved application or entitlement was granted or permitted is being or has been operated or used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation; or

e.

If any provision of an approved application or entitlement is held or declared invalid, the approved application or entitlement shall be void and all privileges granted thereunder shall lapse.

2.

Notice of Action. Any action taken by the governing body at a hearing for revocation or modification of an approved application or entitlement shall be sent by certified mail, return receipt requested, to the person owning the property, structure, or use.

3.

Effective Date of Revocations and Modification. An order by the governing body revoking or modifying an entitlement shall become effective immediately.

4.

Penalties. Each day that a violation continues shall be considered a separate violation of these regulations and subject to the penalties provided for under the municipal code.

(Ord. 1052 (part), 2007)

A.

Purpose. The purpose of this section is to regulate the use of land or structures creating, performing, or maintaining anything affecting any number of citizens without lawful authority that is either:

1.

Injurious to public health, safety, or welfare; or

2.

Interferes with the exercise and enjoyment of public rights, including right to use of property.

B.

Declaration of Nuisance by Resolution.

1.

Authority. Whenever any building or structure is ruined, damaged, and dilapidated, or any premise is covered with ruins, rubbish, wreckage, or debris, the governing body may by resolution, find that the ruined, damaged, or dilapidated, building, structure, or premises is a menace to public health, safety, and/or welfare, and require its repair or removal.

2.

Notification. A copy of the resolution shall be served on the owner, occupant, and agent in charge of the building, structure, or premises. If the owner, as shown by the real estate records of the county clerk of Quay County, occupant, or agent in charge of the building, structure, or premises cannot be located, a copy of the resolution shall be both posted on the building, structure, or premises and published one time in a newspaper of general circulation in the city for a period of not less than fifteen (15) days. At the end of fifteen (15) days, if no action has been taken by the owner, the city will proceed with abatement of the nuisance as outlined in this title.

3.

Duty to Abate Hearing.

a.

Within fifteen (15) days of receipt of the copy of the resolution or of the posting and publishing of a copy of the resolution, the owner or agent in charge of the building, structure, or premises shall commence removing the building, structure, ruin, rubbish, wreckage, or debris, or file with the city clerk a written request for a hearing by the governing body on the resolution. If a request is filed, the governing body shall:

i.

Set a date and time for the hearing on the resolution; and

ii.

Consider all evidence for and against the resolution at the hearing; and

iii.

Determine if the resolution should be confirmed, amended, or rescinded.

b.

The owner or agent in charge of the building, structure, or premises shall commence removing the building, structure, ruins, rubbish, wreckage, or debris:

i.

Within fifteen (15) working days of being served a copy of the resolution or of the posting and publishing of the resolution; or

ii.

Within five working days of the determination by the governing body that the resolution is confirmed or amended; or

iii.

After the State District Court enters judgment sustaining the determination of the governing body; and

iv.

The nuisance shall be effectively abated or removed within thirty (30) working days of commencement. The property owner may apply to the governing body for a thirty (30) working day extension if it can be shown that significant progress towards removal or abatement of the nuisance is being made in good faith.

4.

Abatement by City. If the resolution for removal is not satisfied within a timely manner, the city may remove the building, structure, ruins, rubbish, wreckage, or debris, and the cost of such removal shall be assessed against the owner. The reasonable cost of removal shall constitute a lien against the property from which the building, structure, ruin, rubbish, wreckage, or debris is removed. The lien may be foreclosed in the manner provided in New Mexico Statutes Annotated Sections 3-36-1 through 3-36-7.

(Ord. 1052 (part), 2007)

The provisions of this title are severable. If any provision, sentence, clause, section, or part hereof is held to be illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, the illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this title or their application to other persons or circumstances. It is declared to be the intent of the city that this title would have been adopted if such illegal, invalid, or unconstitutional provision, sentence, clause, section, or part had not been included, and if the person or circumstances to which this title or any part hereof are inapplicable had been specifically exempted from application of this title.

(Ord. 1052 (part), 2007)