The Planning Director shall have the following powers and duties:
A. Public information. The Planning Director shall supply the public
with information about and interpretations of this chapter, the Official
Zoning Map and the Comprehensive Plan.
B. Authority and duty. The Planning Director shall hold public hearings in accordance with Article
X and shall approve, conditionally approve or disapprove applications for approval of residential site plans for expansion to existing residences or associated accessory structures, where the expansion amounts to 20% or less of the floor area of the structure(s) existing at the time of adoption of this chapter, not to exceed a total area of a maximum of 5,000 square feet of gross floor area.
C. Commercial site plans shall require review and recommendation by
the DRT. Upon such review, the Planning Director may approve, conditionally
approve or refer the site plan to the Planning Commission for further
review.
D. Administrative authority and duty. The Planning Director may approve,
conditionally approve or disapprove the following applications:
(1)
Signs. Sign permits may be approved or conditionally approved by the Planning Director if the application satisfies the provisions set forth in Article
IX.
(2)
Fences. Applications may be filed with the Planning Director
for construction of fences. The Planning Director may order issuance
of a permit if the application satisfies the provisions of § 601.
(3)
Accessory structures. For the purposes of this subsection, accessory
structures are those structures that do not require a building permit,
such as those defined in this chapter as a temporary use, but which
meet the site development standards set forth in § 1203,
provided that all provisions within the Española Municipal
Code are met.
(4)
Temporary use permits. Applications shall be filed with the
Planning Director for temporary use permits. The Planning Director
may issue the permit if the application satisfies the provisions of
§ 608. The Planning Director may not issue a temporary use
permit for longer than six months; for any period longer than six
months, the applicant must apply to the Planning Commission (see § 302-I).
(5)
Landscape plans. Application may be made for landscape plans
after site plan approval or conditional approval or when required
as part of the conditional approval of a special use permit by the
Planning Director to the Planning Commission. The Planning Director
may approve or conditionally approve landscape plans in accordance
with §§ 1002G, 1304 and 1305.
(6)
Mobile/manufactured/modular home. Applications shall be filed
with the Planning Director for the installation or construction, respectively,
of a mobile, manufactured or modular home.
(7)
Business registration review. New businesses opening within
the City of Española must submit a land use/site development
permit as part of their business license submittals during the application
process with the City Clerk (listed as the "site development permit"
on the City Clerk's submittals list) The Planning Director has
the discretion to waive this permitting process, based on the type
of business being proposed — e.g., a home-based office business.
E. Referral to the Planning Commission. The Planning Director shall
refer any application to the Planning Commission when required by
this chapter or when the Planning Director determines that there are
unusual conditions or unique circumstances that warrant review and
decisionmaking by the Planning Commission.
F. Code interpretation. The Planning Director shall interpret the Development
Code and may take any necessary or appropriate action based on such
interpretation. The Planning Director shall not be required to accept
an application or take any other action inconsistent with the Planning
Director's interpretation of the Development Code. The Planning
Director shall, upon request, provide the applicant with a written
explanation of the Director's actions under this subsection.
G. Enforcement. The Planning Director shall be responsible for carrying
out the provisions of this chapter and for taking actions necessary
to enforce the provisions of this chapter.
It is the purpose of §§ 205 through 208 to establish
a City official responsible for executing those duties associated
with the administration and enforcement of this chapter and to establish
a procedure for taking remedial action on complaints and code violations.
The Planning Director shall be responsible for enforcing the
provisions of this chapter, except where the provisions of this chapter
clearly designate enforcement authority to another official. If the
Planning Director finds that any of the provisions of this chapter
are being violated, he shall notify, in writing, the person responsible
for such violation, indicating the nature of the violation and setting
forth the necessary corrective action.
A. He shall be authorized to demand:
(1)
Discontinuance of illegal uses of lands, buildings or structures.
(2)
Removal of illegal buildings or structures or additions, alterations
or structural changes thereto.
(3)
Discontinuance of any illegal work being done.
B. He shall take any other actions authorized and deemed necessary to
ensure compliance with or to prevent violation of its provisions.
No department, official or employee of the City of Española
shall issue any building permit or otherwise authorize any type of
construction or improvement to land or buildings or a combination
thereof until there has been an endorsement of zoning compliance,
in writing, by the Planning Director.
Whenever an alleged violation of this chapter occurs, any person
may file a compliant. Complaints shall be filed with the Planning
Director, who shall be responsible for conducting an investigation
and may take such actions as he deems necessary to gain compliance
with the provisions of this chapter.