Doña Ana County, NM Administration

This chapter shall apply to all property within the unincorporated areas of Doña Ana County and outside the limits of any jointly administered extra-territorial zone by the County and another governmental entity pursuant to NMSA 1978, Chapter 3, Article 21, unless specifically made applicable under the terms of a joint powers agreement governing the joint administration of an extra-territorial zone entered into between the County and another governmental entity, and shall apply to all private or public activities or development for private or public purposes on such lands. Property owned or controlled by any governmental entity shall be exempt from this chapter only when specific exemption is provided elsewhere by state or federal statute or law.

Limited application of this chapter to County-owned land. Only the zoning provisions and development standards of this chapter shall apply to County-owned land; however, those provisions or standards shall not apply when the Board of County Commissioners (BOCC) finds that:

(a)

Application of such provisions or standards would unreasonably interfere with the feasibility of the public project; and

(b)

No undue negative impact on the surrounding community will result if the provisions or standards are not applied to the particular public project.

Prohibited acts.

No application under this chapter shall be approved for land that was illegally subdivided, or on which a violation of this or any other County ordinance, regulation or any other provision of law exists.

It shall be unlawful to construct, reconstruct, enlarge, change, maintain or use any building or to use any land in violation of any regulation or any provisions of this chapter.

Interpretation and conflict. This chapter is not intended to interfere with, abrogate or annul any easement, covenant or other agreement between parties or other valid ordinances. Where this chapter imposes greater restrictions than those imposed by other rules, regulations, easements, covenants, agreements, or County ordinances or resolutions, the provisions of this chapter shall be controlling. Where two or more provisions of this chapter are in conflict, the more restrictive shall apply.

§ 350-103 Intent.

The intent of this chapter is to achieve the policies and actions delineated in the Comprehensive Plan, comply with the requirements of the New Mexico Subdivision Act and to achieve the following general purposes:

Create orderly, harmonious and economically sound development in order to promote the health, safety, and general welfare of the residents of the County;

Lessen congestion in the streets and public ways;

Secure safety from fire, floodwaters, panic and other dangers;

Provide adequate light and air;

Avoid undue concentration of population;

Facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements;

Control and abate the unsightly use of buildings or land;

Encourage the location of compatible uses of land including compact, pedestrian-oriented, mixed uses standards for historic colonias or for new development; and

Provide for floodwater and fugitive dust management.

§ 350-104 Administrative authority and duties.

Decision-making authorities. The following positions and bodies are listed in a hierarchy of review, for approval or denial, with the Zoning Administrator being the first level of action succeeded by each entity as listed below:

Zoning Administrator;

Planning and Zoning Commission (P&Z);

Board of County Commissioners (BOCC); and

District Court.

Zoning Administrator. The Community Development Department (CDD) Director shall act as Zoning Administrator or appoint a designee to administer this chapter, and while performing that function, the Zoning Administrator shall:

Receive, review, and act upon applications for land uses when said land uses are within the scope of the administrative approval provisions of this chapter;

Report to the P&Z and to the BOCC, in a form appropriate to each, the applications received and administratively approved by the CDD and post on the appropriate maps the location and uses permitted;

Receive, review, analyze, and present to the P&Z applications for zone changes, community types, special use permits, variances, appeals, and site plans for review and disposition in accordance with this chapter;

Present to the P&Z recommendations concerning changes and amendments to this chapter, and upon receiving the P&Z's recommendation, present said recommendation to the BOCC, if appropriate, for final disposition;

Receive and present to the P&Z appeals by persons aggrieved by any decision of the Zoning Administrator;

Receive and present to the BOCC appeals by persons aggrieved by any decision of the P&Z;

Maintain current and historical records of this chapter, including, but not limited to, maps, zone changes, variances, special use permits, community types, amendments to this chapter, nonconforming uses, appeals, applications, zoning district amendments on the official Zoning Maps, and minutes of meetings of the Development Review Committee (DRC) and P&Z;

(8)

Provide technical assistance as may be required to the P&Z and the BOCC to exercise their respective duties;

(9)

Receive, review and recommend approval, approval with conditions, or denial of preliminary and final plats and replats to the P&Z and the BOCC, when applicable;

(10)

Review and recommend changes or amendments to the Comprehensive Plan, UDC or this chapter to the P&Z and the BOCC;

(11)

Maintain data on demographic changes, land use, demand for public services and public facilities and report to the P&Z and BOCC periodically;

(12)

Carry out special studies and prepare plans for land use and development of public facilities as directed by the County Manager, P&Z or BOCC;

(13)

Review all building permits for compliance with the provisions of this chapter;

(14)

Review all permits for mobile homes and recreational vehicles for compliance with this chapter; and

(15)

Transmit final decisions to the applicant in writing, and upon request to interested parties.

Planning and Zoning Commission. There is hereby established a Planning and Zoning Commission (P&Z), consisting of seven members who shall be appointed for two-year staggered terms by the Board of County Commissioners of Doña Ana County (BOCC). Members may be reappointed at the completion of their term by the BOCC. Members shall not receive compensation for performing their duties, but they may be reimbursed for training or attendance at conferences upon prior approval by the County Manager. The P&Z shall:

Adopt bylaws for the election of officers, conduct of meetings, and establishment of operations of the P&Z, subject to approval by the BOCC;

Receive, hear, and make final determinations to approve, approve with conditions, or deny applications for deviations, modifications or alternative design to subdivision plats, variances and special use permits, as prescribed by, and subject to, the procedures established herein;

[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]

Receive, hear, and make final determinations to approve, approve with conditions, or deny applications for zone changes;

[Amended 11-14-2017 by Ord. No. 294-2017]

Receive, hear and make recommendations to the BOCC, on requests for amendments and changes to this chapter;

Hear and decide appeals from the Zoning Administrator's interpretation of the meaning of terms and language of this chapter. The P&Z may affirm, modify or reverse the interpretation;

Hear and decide appeals of actions taken by the Zoning Administrator. The P&Z may affirm, modify or reverse actions of the Zoning Administrator;

Report on all matters requested by the BOCC;

(8)

Review, and when necessary, recommend changes and amendments to the Comprehensive Plan and UDC to the BOCC, at a minimum of once a year or as needed;

(9)

Review and make recommendations for approval, approval with conditions or denial of preliminary plats and replats to the BOCC; and

(10)

Carry out special studies and prepare plans for land use and development of public facilities as directed by the BOCC.

Board of County Commissioners. The Board of County Commissioners of Doña Ana County (BOCC) is authorized to zone land, approve the subdivision of land, assure standards protect the health, safety and welfare of the County, and hear appeals, and shall:

Receive and consider recommendations on requests for amendments to this chapter from the Planning and Zoning Commission (P&Z);

Consider and make final determinations on the creation of new zoning districts, zone changes, preliminary and final plats and replats, and appeals from the P&Z subject to the procedures established herein and other ordinances;

Instruct the Community Development Department (CDD) and the Planning and Zoning Commission (P&Z), from time to time, to make studies or initiate studies and draft reports concerning issues arising from this chapter and from other land use practices; and

Receive, review, modify, and adopt amendments to the Comprehensive Plan.

§ 350-105 Administrative committees and department directors.

Development Review Committee. The Development Review Committee (DRC) consists of department directors of Doña Ana County Utilities, Flood Commission, Community Development, Fire and Emergency Services, and Engineering Services or their designees and is empowered to act, as outlined herein, on matters placed before it. In reviewing such matters, the DRC may:

Identify and address issues that may affect a proposal, and provide general oversight of the review of development-related proposals;

Consider all oral and written statements from the County reviewing agencies or applicant;

Resolve conflicting comments, recommendations and design differences between County reviewing agencies and the applicant regarding issues or concerns raised by County staff; and

Review and recommend to the P&Z deviation, modification and alternative design requests pursuant to the subdivision and design standards requirements of this chapter. The applicant shall demonstrate that the deviation, modification or alternative design will not be detrimental to the public health, safety or welfare or not be materially injurious to properties or improvements in the area of notification and result in greater conformance with the specifications of this chapter.

[Amended 12-8-2020 by Ord. No. 317-2020]

Doña Ana County Flood Commission Director. The Director of the Doña Ana County Flood Commission or his or her designee is hereby designated the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of Title 44 of Code of Federal Regulations (National Flood Insurance Program regulations) pertaining to floodplain management. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

Maintain and hold open for public inspection all records pertaining to the Flood Commission Department of this chapter;

Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;

Review, recommend approval, approval with conditions, or denial of applications relating to flood requirements of this chapter;

Review proposed developments to assess any potential effect upon and compliance with Drainage Master Plans;

Review proposed developments for effects on existing flood and drainage control structures within a one-mile radius of subject property;

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required;

Make necessary interpretations as to the exact location of the boundaries of areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions);

(8)

In riverine situations, notify adjacent communities and the New Mexico State Engineer prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and

(9)

Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

County Engineer. The County Engineer (CE) or designee of the Engineering Services Department (ESD) shall:

Receive, review and approve applications for the design, construction, and grading and drainage when said construction is in conformance with the provisions of this chapter;

Report to the County P&Z and to the BOCC, in a form appropriate to each, the applications received and approved by ESD and post on the appropriate maps, site plans and drawings the location and construction permitted;

Receive, review, analyze, approve and file applications for access, roads, Traffic Impact Analyses (TIA), grading, drainage, Erosion Control Plans (ECP), Stormwater Pollution Prevention Plans (SWPPP), and subdivision plats in accordance with the provisions of this chapter;

Maintain current and permanent records of the ESD;

Decide, make recommendations and administer all matters pertaining to this chapter upon which the CE is required to act and carry out inspections;

Receive, review and make recommendations on preliminary and final plats to the P&Z and BOCC, when applicable; and

Carry out special studies and prepare plans for transportation and infrastructure as directed by the County Manager, P&Z, or BOCC.

County Fire Chief. The Doña Ana County Fire Chief (CFC), Deputy Fire Chief, Fire Prevention Specialist or designee shall administer and implement the provisions of this chapter, the IFC and the NFPA requirements, and in furtherance of its authority, the CFC shall:

Receive, review, and make recommendations on applications for design and construction of buildings, when said construction is in conformance with the provisions of this chapter;

Report to the P&Z and the BOCC, in a form appropriate to each, applications received and approved by CFC and post on the appropriate maps, site plans and drawings the location and construction permitted;

Receive, review and make recommendations on subdivisions and replats to the P&Z; and

Carry out special studies related to fire prevention and protection issues as directed by the County Manager, P&Z, or BOCC.

Doña Ana County Utilities Manager. The Utility Manager (UM) shall:

Receive, review, file and approve applications for design and construction of utilities, when said construction is in conformance with the provisions of this chapter;

Report to the P&Z and to the BOCC, in a form appropriate to each, the applications received and approved by the Utilities Department and post on the appropriate maps the location and construction permitted;

Receive, review, analyze, approve and file applications for utilities, water and wastewater demand analyses including organic and hydraulic loadings, analyses of downstream facilities at wastewater tie-in locations, oversee associated utility installations and testing, and review plats in accordance with the provisions of this chapter;

Receive, review and make recommendations on preliminary and final plats and replats to the P&Z and BOCC, when applicable; and

Carry out special studies related to water and wastewater infrastructure as directed by the County Manager, P&Z, or BOCC.

§ 350-106 Fees.

The schedule of fees for permits is set by resolutions adopted by the BOCC and codified in Chapter 179 of the Doña Ana County Code. Whenever any activity covered by this chapter has begun without a permit, and an investigation reveals a permit is required, the permit fee shall be triple the original fee.

§ 350-107 Amendments.

Legislative amendments.

The BOCC may, in accordance with NMSA 1978, §§ 3-21-1 et seq., and pursuant to New Mexico statutes and case law, on its own motion, on the recommendation of the P&Z, or on a petition as provided for in this subsection, amend, supplement, or repeal all or any part of this chapter.

Legislative action may be taken by the P&Z or BOCC to reflect public policy relating to matters of a permanent or general character that is not usually restricted to individual persons or groups and is usually prospective, including, by way of example but not limited to, a comprehensive County-wide rezoning or text amendments that are not quasi-judicial in nature.

Neither this chapter nor any zoning regulation, restriction, or zoning district boundary shall become effective, amended, supplemented or repealed until after a public hearing, held by the BOCC, at all parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the public hearing shall be published as required by New Mexico State Statutes and this chapter.

Any property owner, lessee, developer, or any other party may, by a petition submitted through the CDD, request the BOCC to consider legislative amendments to any section of the text of this chapter or any zoning district requirement or individual zoning district on the map established under this chapter. The P&Z will review the requested legislative amendment and make a recommendation to the BOCC. The BOCC will consider the requested legislative amendment at a public hearing held in accordance with the requirements as set forth above.

Quasi-judicial amendments.

The P&Z and BOCC shall apply quasi-judicial rules and process in considering proposed amendments to the text of this chapter that are quasi-judicial in nature. The CDD, in consultation with the County Attorney, shall consider any proposed amendment and make a determination as to whether the substance of the proposed text amendment is quasi-judicial in nature.

Quasi-judicial action by the P&Z or BOCC typically involves a determination of the rights, duties, or obligations of specific individuals on the basis of the application of currently existing legal standards or policy considerations of past and present facts developed at a hearing conducted for the purpose of resolving the matter in question.

§ 350-108 Enforcement.

This chapter may be enforced as provided for by law, including but not limited to the specific provisions of this chapter and NMSA 1978, §§ 3-21-10, 4-37-3 and 47-6-1 et seq.

The County Attorney, the District Attorney, the County Sheriff, and the Zoning Administrator of Doña Ana County shall enforce this chapter.

The BOCC, the District Attorney or the Attorney General may apply to the District Court for any one or more of the following remedies in connection with violations of the New Mexico Subdivision Act [NMSA 1978, § 47-6-1 et seq.] and County Subdivision Regulations:

Injunctive relief to prohibit an applicant from selling, leasing or otherwise conveying an interest in subdivided land until s/he complies with the terms of the New Mexico Subdivision Act and County Subdivision Regulations;

Mandatory injunctive relief to compel compliance by any person with the provisions of the New Mexico Subdivision Act and County Subdivision Regulations;

Rescission and restitution for persons who have purchased, leased or otherwise acquired an interest in subdivided land that was divided, sold, leased or otherwise conveyed in material violation of the New Mexico Subdivision Act or County Subdivision Regulations; or