The mayor, with the consent of the town council, shall appoint
a town employee as code administrator. The code administrator shall
serve at the will of the town council, and under the general supervision
of the town manager.
(Ordinance 99-05 adopted 1999)
The code administrator shall:
A.
Be
responsible for the efficient administration of this title, the direct
supervision of assigned staff, and such other duties as may be assigned
by the town manager and/or the mayor;
B.
Serve
as primary staff to the commission and the historic preservation commission
in the enforcement of this title, and in carrying out the duties and
responsibilities prescribed herein;
C.
Serve
as the custodian of records for all matters coming before the commission,
the historic preservation commission and the department, to include,
but not be limited to, applications, submittals, correspondence, minutes
of meeting agendas, plans and specifications, decisions, records,
and transcripts of hearings, each of which will be duly recorded with
a “dated and timed stamp when received”;
D.
Prepare
and provide written reports as may be required by the commission,
the historic preservation commission and/or the town council;
E.
Ensure
that the public notice requirements have been complied with on all
hearings before the commission, the historic preservation commission
and/or town council, and that all records and files relating to issues
before the commission and the historic preservation commission are
available for inspection at the hearings; and
F.
Verify
that all documents required to be recorded have been recorded with
the county clerk.
(Ordinance 10-07 adopted 2010)
A.
The planning and zoning commission (the "commission") shall
consist of seven (7) members. Each member of the town council shall
appoint one (1) member of the commission and the mayor shall appoint
three (3) members of the commission with formal consent of the governing
body.
B.
Members of the commission shall be appointed for staggered terms
of two (2) years each. Members may be reappointed for no more than
three (3) consecutive additional terms of two (2) years each.
C.
Should any vacancy occur among the members of the commission
as a result of resignation or removal, immediate notice thereof shall
be given by the commission or code administrator to the town manager.
A vacancy shall be filled by appointment with the consent of the governing
body for the remainder of the unexpired term by the elected official
the position whose appointment has been vacated.
D.
After a public hearing of the town council, members of the commission
may be removed for cause, stated in writing and made part of the public
record, by the mayor with the consent of the town council or by a
majority vote of the town council.
E.
Members who have failed to attend three (3) regular meetings
in one year, without a valid excuse as determined by the commission,
shall be deemed to have tendered their resignations which the town
council may accept or reject.
F.
Members of the commission shall elect their own chairperson
and vice chairperson, annually, at the first regular commission meeting
in each year.
G.
The commission shall adopt rules for the transaction of business.
H.
Regular meetings of the commission shall be held at least once
a month, at regularly scheduled times. Special meetings shall be held
at the call of the chairperson upon such prior notice as is required
in the rules of the commission. All meetings shall be held and conducted
according to the open meetings act of the state.
I.
A majority of all of the members of the commission shall constitute
a quorum at any meeting. There shall be no proxy voting.
J.
The commission shall keep minutes of its proceedings, showing
the vote on each question. The commission shall keep a public record
of all of its transactions, findings, resolutions and determinations
which shall be filed in the office of the code administrator.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009; Ordinance
09-22 adopted 2009; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance 22-16, sec. 1, adopted 10/25/2022; Ordinance 22-16 adopted 1/24/2023)
The powers and duties of the commission shall be as follows:
A.
To exercise all powers granted to a planning authority or zoning commission pursuant to articles 19, 20 and 21 of chapter 3 New Mexico Statutes Annotated, 1978, as amended, except to the extent that such powers are reserved to or retained by the town council;
B.
To
hold public hearings;
C.
To
review, modify, reverse, affirm, approve, or disapprove all applications
with or without conditions, restrictions, or clarifications, in connection
with the following matters pursuant to the requirements of this title:
1.
Subdivision applications, including requests for preliminary and
final plat approvals within the town limits, and within the concurrent
planning and platting jurisdiction;
2.
Appeals, where it is alleged there is error in any order, requirement, decision, determination or other action or failure to take action by the code administrator or other administrative staff acting or failing to act pursuant to this title, subject to the requirements and restrictions contained in section 16.12.080 of this chapter;
3.
Applications for variances from the terms of this title and applications
for the grant of special use permits and conditional use permits,
so long as:
4.
Proposed annexations;
5.
Planned unit development, cluster overlay zone, neighborhood preservation
district overlay zone, special use overlay zone and provisional permit
applications; and
6.
Rezoning applications;
D.
To
hold public hearings and recommend changes to the town council concerning
all amendments to this title;
E.
To
approve, disapprove, modify, revise and update, as required, the town’s
master plan for the town;
F.
To
approve and adopt such forms as the commission deems advisable;
G.
To
carry out all duties, responsibilities, investigations and studies
related to all planning and zoning activity as are assigned to the
commission.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009; Ordinance
10-07 adopted 2010; Ordinance 11-04 adopted 2011)
A.
The historic preservation commission shall consist of five (5)
members. Each member of the town council shall appoint one (1) member
of the historic preservation commission and the mayor shall appoint
one (1) member of the historic preservation commission with formal
consent of the governing body. Each of the members so appointed shall
own property within a historic overlay zone, operate a business within
a historic overlay zone, represent a community organization providing
services to the historic overlay zone, or have some other significant
interest in a historic overlay zone.
B.
Members of the historic preservation commission shall be appointed
for staggered terms of two (2) years each. Members may be reappointed
for no more than three (3) consecutive additional terms of two (2)
years each.
C.
Should any vacancy occur among the members of the historic preservation
commission immediate notice thereof shall be given by the historic
preservation commission or code administrator to the town manager.
A vacancy shall be filled by appointment with the consent of the governing
body for the remainder of the unexpired term by the elected official
whose appointment has been vacated.
D.
After a public hearing, members of the historic preservation
commission may be removed for cause, stated in writing and made part
of the public record, by the mayor with the consent of the town council
or by a majority vote of the town council.
E.
Members who have failed to attend three (3) regular meetings
in one year, without a valid excuse as determined by the historic
preservation commission, shall be deemed to have tendered their resignations
which the town council may accept or reject.
F.
Members of the historic preservation commission shall elect
their own chairperson and vice chairperson, annually, at the first
regular historic preservation commission meeting in each year.
G.
The historic preservation commission shall adopt rules for the
transaction of business.
H.
A regular meeting of the historic preservation commission should
be held at regularly scheduled times. Special meetings shall be held
at the call of the chairperson upon such prior notice as is required
in the rules of the historic preservation commission. All meetings
shall be held and conducted according to the open meetings act of
the state.
I.
A majority of all of the members of the historic preservation
commission shall constitute a quorum at any meeting. There shall be
no proxy voting.
J.
The historic preservation commission shall keep minutes of its
proceedings, showing the vote on each question. The historic preservation
commission shall keep a public record of all of its transactions,
findings, resolutions and determinations which shall be filed in the
office of the code administrator.
(Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance
14-10 adopted 2014; Ordinance 22-16, sec. 2, adopted 10/25/2022; Ordinance
22-16 adopted 1/24/2023)
The powers and duties of the members of the historic preservation
commission shall be as follows:
A.
Recommend
criteria for the identification and designation of buildings, and/or
structures worthy of preservation as a contributing property provided
that the historic preservation commission receives written consent
of the property owner prior to designating a building or structure
as a contributing property;
B.
Conduct
or cause to be conducted, reviewed and updated, a comprehensive survey
and inventory of buildings and/or structures and areas worthy of preservation;
C.
Review
areas, buildings, and/or structures in order to determine eligibility
for designation as historic districts or historic overlay zones;
D.
Conduct
public hearings prior to making recommendations to the town council
in order to provide a reasonable opportunity for all interested parties
to express their opinions regarding a proposed designation of a historic
overlay zone or historic district;
E.
Make
recommendations to the town council concerning the designation of
any historic district overlay zone;
F.
Promulgate
design guidelines, development standards and use guidelines for reviewing
changes in use, demolition, relocation and new construction, including
preservation, reconstruction, rehabilitation and restoration, within
historic districts and historic overlay zones, and/or to contributing
properties for final approval and adoption by the town council;
G.
Review
applications to approve or disapprove applications for certificates
of appropriateness for changes in use (if applicable), demolition,
relocation and exterior new construction, including preservation,
reconstruction, rehabilitation and restoration;
H.
Make
such recommendations and initiate proposals to the mayor and town
council and other public and private agencies concerning land use
and development in historic districts and historic overlay zones as
it deems appropriate;
I.
Recommend
to the town council the adoption of rules and regulations for the
administration and enforcement of preservation regulations, not inconsistent
with this title; and
J.
Exercise
those powers and responsibilities which are necessary to implement
the provisions of this title relating to historic preservation only.
(Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011)
There is hereby created a development review committee (DRC) consisting of representatives of the town planning and zoning department, police department, fire department, parks division, building department, utilities department and any other town department, division or staff member deemed necessary by the code administrator. The function of the DRC shall be to conduct a staff level review of applicable development applications and/or permitted events as outlined in section 16.12.040.5 of this chapter to ensure that said applications meet the technical requirements of this code and other applicable regulatory documents. DRC meetings are internal staff meetings and no notice of such meeting need be given. In addition, the town development review coordinator shall be a member of the DRC and shall chair meetings of the DRC. Representatives of each represented town department shall be responsible to assure that prompt and appropriate departmental review is given to applications reviewed by the DRC.
(Ordinance 16-10 adopted 2016)
There is hereby created in the town’s planning and zoning
department the position of development review coordinator (“coordinator”)
who shall chair meetings of the DRC. In addition to the duties described
above, it shall be the duty of the coordinator to assist in the formulation
and implementation of development review guidelines as hereafter described
and shall carry out such other duties as may be assigned.
(Ordinance 05-08, sec. 2, adopted 2005)
The code administrator, with such other assistance as the administrator
may deem desirable, shall expeditiously prepare proposed “guidelines”
for coordinated review of all applications for town permits or licenses.
The guidelines shall contain provisions that, at a minimum:
A.
Establish
preapplication scoping procedures for large or complex discretionary
land development permitting (including, but not limited to, applications
for certificate of appropriateness, planned unit development, special
use permit, rezoning, conditional use permit, provisional permit,
variance or significant amendment of the town’s master plan).
Such preapplication scoping procedures shall provide for project applicants
to meet with appropriate town staff prior to filing an application
in order to discuss the type and level of information that will be
required of the applicant and for the purpose of identifying technical
and policy issues that should be addressed by the developer in its
subsequent application.
B.
Require
that all applications for town permits and licenses be filed with
the coordinator. The implementing guidelines shall provide criteria
for the coordinator to distinguish between those subject to detailed,
interdepartmental development review and route applications for simple,
ministerial or exempt activities to the appropriate town departments
for expeditious processing. The guidelines should state the types
of simple, ministerial or exempt activities that do not require detailed
development review procedures. Exempt applications may include, but
not be limited to: 1) construction or permitting of all single-family
dwellings on single lots, additions thereto, and minor structures
accessory to such buildings; 2) minor commercial, industrial and institutional
building additions, modifications, and minor structures accessory
to such buildings where no change of use occurs; 3) interior alterations
and routine maintenance and repair work which does not alter the exterior
dimensions of a structure and where no change of use occurs; 4) exterior
rehabilitation or restoration of buildings when compatible with properties
in the immediate vicinity; 5) signs which comply with the provisions
of this title and sign code; 6) scheduled renewal of permits or licenses
for existing uses not involving any new construction; 7) projects
necessary to remedy an immediate hazard to public health or safety;
8) temporary permits (60 day limit) listed under any vendor ordinance,
such as neighborhood carnivals, booths to [for] charitable purposes,
and open air sale of Christmas trees; and 9) emergency repairs and
normal maintenance. The guidelines should require that applications
which do not meet guideline criteria for simple, ministerial or exempt
processing to be subjected to coordinated staff review. The level
of such review should be appropriate to the complexity and importance
of anticipated technical, environmental or land use policy issues
raised by the proposed activity.
C.
Provide
for a procedure for prompt review, analysis and comment by town departments
on technical issues, including, but not limited to, issues such as
impacts on utilities, drainage, traffic (vehicular, pedestrian and
bicycle) circulation and safety, public transit, public safety services,
environmental impacts and compliance with town ordinances, policies,
master plan or other adopted plan. Such analyses should also examine
any cost issues related to town public services and/or infrastructure.
D.
Incorporate the procedures of sections 16.12.040.3 and 16.12.040.6 of this chapter and (traffic study ordinance and resolution) related to requiring technical studies, traffic studies and referring applications to potentially affected outside agencies for comment.
E.
Provide
for the preparation or compilation of written staff and outside technical
analyses of technical and other issues as well as any written comments
from outside agencies. Such writings shall be available for public
review concurrent with other staff reports submitted to the commission,
the historic preservation commission, town council or other town decision
making body as part of any public hearing process applicable to the
permit or license applied for.
F.
In
the event a member of a department or division is unable to participate
in a review, the town manager, in cooperation with the code administrator,
shall make a prompt decision in their stead.
(Ordinance 05-08, sec. 3, adopted 2005; Ordinance 09-24 adopted 2009; Ordinance
10-07 adopted 2010)
A.
Upon
the request of the commission or zoning authority, the mayor, the
town manager or the code administrator shall appoint or designate
one or more hearing officers who may be town employees or independent
contractors.
B.
The
code administrator may appoint or designate a hearing officer to hear
the following types of requests:
C.
All
hearing officers shall have at least two (2) years’ experience
as a planner or as a lawyer with planning and zoning experience, or
as a land use professional, and shall be approved by the planning
and zoning commission in conduct of administrative hearings, arbitrations
or mediations.
(Ordinance 10-16 adopted 2010)
A.
The
hearing officer shall perform the duties that are assigned by the
mayor, town manager, zoning authority, commission, historic preservation
commission, or code administrator. Following appointment, the hearing
officer shall report directly to the commission, historic preservation
commission, or zoning authority.
B.
The
commission, historic preservation commission, or zoning authority
may, but need not, upon its own motion, utilize a hearing officer
to conduct any public hearing regarding any matter before the commission,
historic preservation commission, or zoning authority. The commission,
historic preservation commission, or zoning authority shall determine
the scope and nature of the hearing officer’s responsibilities
for each matter referred to the hearing officer. However, the commission,
historic preservation commission, or zoning authority may not authorize
the hearing officer to make any final determination on the merits
of any matter before the commission, historic preservation commission,
or zoning authority. The hearing officer shall make recommendations,
findings of fact and conclusions of law. The commission, historic
preservation commission, or zoning authority shall have the power
to accept, reject, or modify any recommendation, finding or conclusion
of the hearing officer.
C.
Unless
otherwise directed by the mayor, code administrator, commission, historic
preservation commission, or zoning authority, the hearing officer
shall:
1.
Inform all parties and attendees of the rules and regulations governing
the conduct of public hearings;
2.
Swear in all witnesses;
3.
Determine which participants qualify as parties;
4.
Rule on evidentiary questions and issues, but the hearing officer
shall not be bound by formal rules of evidence;
5.
Request additional information, documents or other materials from
an applicant, party or other participant in the public hearing;
6.
Ask such questions and make such inquiries as the hearing officer,
the mayor, code administrator, commission, historic preservation commission,
or zoning authority and/or any of its members deem necessary and appropriate;
7.
Moderate, control and facilitate the public hearing process;
8.
Control the use and manner of cross examination to avoid repetition,
cumulative evidence, and the intimidation or badgering of witnesses;
9.
Recommend to the mayor, code administrator, commission, historic
preservation commission, or zoning authority when the public hearing
should be convened, continued and concluded; and
10.
Issue recommendations, findings of fact, conclusions of law, and/or
a resolution on the merits of the matter before the commission, historic
preservation commission, or zoning authority.
D.
Nothing
herein shall require the mayor, code administrator, commission, historic
preservation commission, or zoning authority to utilize a hearing
officer regarding any matter before it and nothing herein shall limit
the commission, historic preservation commission, or zoning authority’s
power to accept, reject, or modify any recommendations or decisions
of the hearing officer.
E.
The
code administrator may refer any application to the commission or
the historic preservation commission, thereby empowering the commission
or the historic preservation commission to approve, approve with modifications
or conditions, or deny the application.
(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
No person may engage in development within the town, and/or
as related to subdivisions, the concurrent planning and platting jurisdiction,
until such person has obtained all approvals for such development
required by this title and all other applicable ordinances and regulations
of the town.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
A.
The
following limitations shall apply to all applications approved under
this title:
1.
An approved application shall specify the development approved and
the location at which the development may occur.
2.
All approved development is limited by:
a.
The provisions of this title;
b.
All conditions imposed as a condition of approval; and
c.
Representations of the applicant, including, but not limited to,
the contents of the application and all materials, testimony and evidence
submitted by or on behalf of the applicant in support of a request
for approval.
(Ordinance 99-05 adopted 1999)
A.
Application
fees shall be established by the town council, and are not refundable.
If a particular development requires more than one approval, then
the applicant shall pay the cumulative application fee for each approval
sought.
(Ordinance 99-05 adopted 1999)
A.
When
additional information and review by the commission, the historic
preservation commission, hearing officer, code administrator or planning
and zoning staff is required above and beyond normal information and
review requirements due to complex, unforeseen, or unique circumstances
relating to a proposed development including, but not limited to,
complex hydrological considerations, traffic issues, soil conditions,
drainage conditions, environmental factors, parking problems, and/or
other complex, unforeseen or unique circumstances, then the commission,
the historic preservation commission, code administrator or planning
and zoning staff shall notify the applicant of the need for such additional
information and review.
B.
The
applicant shall have the right to provide such requested additional
information at the applicant’s sole expense, or authorize the
commission or the historic preservation commission to obtain the additional
information or review, or both, and to charge an additional fee to
cover the cost of such information and review to the applicant. Alternatively,
the applicant may withdraw the application.
(Ordinance 10-07 adopted 2010)
A.
This
section governs review of applications for the following types of
action:
2.
Administrative permit in the historic overlay zone pursuant to subsections
16.16.220.12.A and B of this title;
3.
Building permits and certificates of occupancy and use pursuant to section 16.12.070 of this chapter;
4.
Certificates of nonconformity for uses, buildings, structures, signs, objects or lots pursuant to section 16.04.130 of this title;
5.
Interpretations of this title;
6.
Mobile home installation, provided the following standards are complied
with:
a.
The installation of a mobile home will require that the property
owner obtain a building permit from the town prior to installation;
b.
The construction of the mobile home complies with the Standard For
Mobile Homes, USAS 119.19, 1969, adopted by the general construction
board at meetings July 21, 1970, and August 28, 1970, for promulgation,
as may be amended from time to time;
c.
The installation of the mobile home will comply with the State of
New Mexico manufactured housing division rules and regulations (14
NMAC 12 2) [sic], section 53;
d.
The mobile home will be anchored, be fully skirted on all sides,
and be in good repair;
e.
The installation of the mobile home will comply with all of the minimum
requirements for lot size, front, side and rear yard setbacks, and
all other applicable standards pertaining to the zone in which the
mobile home will be placed as set forth in the town land use development
code;
f.
The applicant shall comply with all other applicable town ordinances
and regulations;
7.
Sign permit pursuant to section 16.20.010.5 of this title.
B.
The applicant shall deliver to the code administrator an application in writing, on forms, the content of which has been approved by the code administrator, and containing the elements listed in subsection 16.12.040.5.A of this chapter, along with the fee established pursuant to appendix A attached to Ordinance 99-05 and available to the public at the office of the code administrator, in good funds. The code administrator shall review all applications for compliance with the requirements set forth in this title, and shall approve, approve with conditions or modifications, or deny the application. The code administrator shall take action within ten (10) working days from the date the application was filed.
C.
The
code administrator shall respond in writing to applications requesting
interpretations of this title.
D.
The
code administrator may refer an application to any appropriate agency
or official of the State of New Mexico, the United States, any political
subdivision, or tribal or Pueblo government, for an opinion concerning
whether the application should be approved, approved with modifications
or conditions or denied. The opinion of the agency or official shall
be advisory. The code administrator may postpone issuing a decision
for up to sixty (60) days after the ten (10) working day initial review
period has elapsed to await the opinion, if such a delay is in the
public interest.
E.
The
code administrator may refer any application to the commission, thereby
empowering the commission to approve, approve with modifications or
conditions, or deny the application.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance
11-12 adopted 2011)
This section governs applications for development of any type which is not governed administratively by the code administrator pursuant to section 16.12.040.4 of this chapter. Nothing herein shall be deemed to relieve an applicant from complying with all other provisions of this title, both substantive and procedural, and state law.
A.
The applicant shall submit to the code administrator a completed application in writing, on forms, the content of which has been approved by the code administrator, along with the fee established pursuant to appendix A attached to Ordinance 99-05 and available to the public at the office of the code administrator, in good funds. The application shall be complete before it is accepted by the planning department and shall contain not less than all of the following information:
1.
The name(s) and address(es) and phone numbers of the owner(s) and,
where applicable, the name and address of any lessee and/or owner’s
agent and a document providing that the owner’s agent is authorized
to act on behalf of the owner;
2.
A description and the location of the property for which the application
is requested;
3.
A specific description of the application requested;
4.
The basis for requesting the application approval, including a statement
of the hardship which the applicant will suffer if the application
is denied;
5.
Any other information deemed necessary by the code administrator;
6.
For a plat vacation, the application shall also be signed and filed
by all owners of the land subject to the application for plat vacation,
and be accompanied by a statement of all owners of the land, duly
attested, designating the subject plat or portion thereof proposed.
B.
The
code administrator shall accept and shall review only a completed
application and the development proposed and the code administrator
shall advise the applicant of all approvals required under the code
and all other applicable ordinances of the town administered by the
code administrator. This information is to be provided for the convenience
of the applicant and orderly processing of the application. However,
at all times, the provisions of this title and other applicable ordinances
of the town shall govern the application and proposed development.
Accordingly, representations by the code administrator shall not preclude
the town from requiring that all applicable approvals be obtained,
even if the code administrator did not advise the applicant that such
an approval would be necessary.
C.
The
code administrator shall review the application for compliance with
the requirements of this title, and if the application is complete
and in compliance with this title, then the code administrator shall
forward the application, with all relevant documents, exhibits, submissions
and any findings of the code administrator and other town staff, to
the hearing officer, DRC, commission or the historic preservation
commission, as appropriate, within thirty (30) working days, or at
such other time as may be reasonable not to exceed sixty (60) days,
from the date the completed application is accepted by the planning
department.
D.
When the application is complete, in compliance with this title and submitted to the hearing officer, the DRC, commission or the historic preservation commission, as appropriate, pursuant to subsection C of this section, the code administrator shall schedule a preliminary presentation before the DRC. At the preliminary presentation, the applicant shall have the opportunity to informally explain the proposed development to the DRC.
E.
At
or after the preliminary presentation, the code administrator, on
behalf of the DRC, shall inform the applicant of the order in which
the various required approvals will be processed.
F.
After the applicant has submitted all the necessary and required documents to the code administrator prior to the preliminary hearing, a public hearing shall be scheduled. The code administrator shall, in consultation with the DRC, commission, historic preservation commission, or hearing officer, as appropriate, schedule the time, place and date of the public hearing on the application. The code administrator shall notify the applicant in writing, by mail, or electronic delivery, of time, place and date of such public hearing and it is the responsibility of the applicant to provide necessary public notice prior to such public hearing as set forth in subsections G through J of this section.
G.
No
zoning regulation, restriction or boundary shall become effective,
amended, supplemented or repealed until after a public hearing at
which all parties in interest and citizens shall have an opportunity
to be heard.
H.
Following
the scheduling of a public hearing, the applicant shall post notice
of the filing of the application and the time, place and date of the
public hearing. The notice shall be posted prominently for public
view on the land, dwelling or other structure which is the subject
of the application not less than fifteen (15) days prior to such hearing.
I.
At
the applicant’s expense, the applicant shall cause to be published,
on forms, the content of which has been approved by the code administrator,
notice of the time, place and date of the public hearing in a newspaper
of general circulation in the county. The notice must be published
once, not less than fifteen (15) days prior to the date of the public
hearing. Alternately, the applicant may elect to request the town
provide the required public notice at the cost of said notice plus
a service fee as set by the town council.
J.
At
the applicant’s expense, the applicant shall mail or personally
serve public notice to the last known address of each landowner as
shown by the records of the county assessor. If mailed, public notice
shall be sent by certified mail, return receipt requested, from the
U.S. Postal Service or first class mail with full postage attached
thereto, in a timely manner to the required parties. In the event
of a protest as to notice received by any interested party, then the
burden shall be on the applicant to establish that service has been
accomplished to the satisfaction of the entity hearing the application.
Electronic return receipts are acceptable as provided by the U.S.
Postal Service. Town staff may provide a list and map of the adjacent
property owners as known by the town to assist the applicant however
the applicant must verify the accuracy and completeness of said list
with the Taos County assessor’s office. The notice shall be
on forms, the content of which has been approved by the code administrator
and the notices must be mailed not less than fifteen (15) days prior
to the date of such public hearing. Landowners within three hundred
feet (300'), excluding public right-of-way, of the exterior boundary
of property which is the subject of the application shall receive
written notice of the time, place and date of the public hearing.
However, when a change in zoning is proposed for an area of one block
or less, notice of the public hearing shall be mailed by certified
mail, return receipt requested, to the owners, as shown by the records
of the county assessor, of lots of land within the area proposed to
be changed by a zoning regulation and within one hundred feet (100'),
excluding public right-of-way, of the area proposed to be changed
by zoning regulation. In addition, with a change in zoning application,
if the notice by first class mail to the owner is returned undelivered,
the zoning authority shall attempt to discover the owner’s most
recent address and shall remit the notice by certified mail, return
receipt requested, to that address. Alternately, the applicant may
elect to request the town provide the required public notice, either
by certified mail or first class mail as provided herein, at the cost
of said notice plus a service fee as set by the town council.
K.
Prior
to the public hearing, the applicant shall deliver a list of the names
and addresses of all landowners notified of the application to the
code administrator. Attached to the list shall be United States Postal
Service certified mail receipts showing evidence of the proper mailing
of the notices and all return receipts received from the Postal Service
showing delivery of the notices on or before the date of the hearing,
or the signature of each landowner notified by personal service, or
an affidavit of the applicant attesting that all mailings were sent,
first class mail with full postage attached thereto, in a timely manner
to the required parties. Alternately, the applicant may elect to request
the town provide the required public notice at the cost of said notice
plus a service fee as set by the town council. In the event of a protest
as to notice received by any interested party, the burden shall be
on the applicant to establish that service has been accomplished to
the satisfaction of the entity hearing the application.
L.
If
the applicant fails to give proper notice, or fails to file proper
proof of notice, then the public hearing shall be postponed. If, after
two (2) consecutively scheduled public hearings, proper notice is
not given, or proper proof of notice is not filed, then the application
shall be deemed withdrawn, the application fee forfeited and no further
action shall be taken thereon without a new application being filed
by the applicant. Failure to receive notice due to inaccuracies contained
in the records of the Taos County assessor shall not constitute a
failure to provide sufficient notice.
M.
If an application is for a special use permit (excluding special use permits for a cellular tower or antenna), variance or conditional use permit, a site development plan containing the elements listed in section 16.20.080.4 of this title is required for a special use or conditional use permit or section 16.20.080.6 of this title for a variance, and there is a two (2) step procedure for commission review:
N.
If an application is for a special use permit for a cellular tower or antenna, a site development plan containing the elements listed in section 16.20.080.4 of this title is required, and there is a three (3) step procedure for review:
O.
If an application is for a provisional permit to increase commercial and industrial gross size area limitations, a site development plan containing the elements listed in section 16.20.080.4 of this title is required, and there is a three (3) step procedure for review:
P.
If an application is for establishment of a planned unit development overlay zone, then a preliminary schematic site development plan containing the elements listed in section 16.20.080.1 of this title is required, and there is a three (3) step procedure for review leading to establishment of the overlay zone:
1.
Preliminary presentation before the DRC;
2.
Public hearing before the commission, at which the commission shall
recommend approval, approval with modifications or conditions, or
denial; and
3.
Public hearing before the town council at which time the planned
unit development overlay rezoning and preliminary schematic site development
plan are approved or rejected.
|
In the event that the requested planned unit development overlay zone and preliminary schematic site development plan are approved by the town council, development of the property may not proceed until a final site development plan has been submitted and approved by the commission in accordance with section 16.20.080.2 of this title.
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Q.
If an application is for a zone change to other than a planned unit development overlay zone, or for zone designations of newly annexed territory, a site development plan containing the elements stated in section 16.20.080.5 of this title is required, and there is a three (3) step procedure for review:
R.
If an application is for a certificate of appropriateness, see section 16.16.220.12 of this title for the historic overlay zone review process.
(Ordinance 16-10 adopted 2016)
A.
The
code administrator may refer an application to any appropriate agency
or official of the State of New Mexico, the United States, any political
subdivision, or tribal or Pueblo government, for an opinion concerning
whether the application should be approved, disapproved or approved
with conditions or modifications. The opinion of the agency or official
shall be advisory. The code administrator may delay submitting a completed
application to the commission or the historic preservation commission,
as required in subsection 16.12.040.5.C of this chapter, for up to
sixty (60) days beyond the thirty (30) working day period authorized
in subsection 16.12.040.5.C of this chapter, to await the opinion
if such a delay is in the public interest.
B.
The
code administrator shall refer those subdivision applications to the
appropriate agencies as required pursuant to the New Mexico Municipal
Subdivision Act.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010)
The code administrator shall, five (5) working days before the
public hearing, provide copies of the completed application, together
with all documents, exhibits and attachments submitted by the applicant
or obtained by staff, to each member of the commission, historic preservation
commission, or zoning authority and the hearing officer, if any, along
with staff findings of fact, if any. If requested to do so by the
commission, historic preservation commission, zoning authority or
hearing officer, the code administrator shall make a recommendation
concerning the matters which are the subject of the public hearing.
A.
The
public hearing shall be conducted pursuant to the following rules:
1.
A notary, the chairperson or acting chairperson shall have the authority
to take sworn testimony, and each person giving testimony shall be
so sworn;
2.
The applicant shall enter into the record the list of property owners
notified of the application;
3.
Each party shall be given an opportunity to question any witness;
4.
The rules of evidence shall not be strictly followed so that as much
relevant evidence as possible is presented and so that the public
is allowed and encouraged to participate;
5.
The person presiding at the public hearing, either the chairperson
or the hearing officer, if any, shall rule on all evidentiary matters;
and
6.
All public hearings shall be tape recorded and the tapes preserved.
B.
If
a hearing officer has been designated to conduct a public hearing,
then the hearing officer may, if requested by the code administrator,
commission, historic preservation commission, or zoning authority,
issue recommendations, findings of fact and conclusions of law, and
file such recommendations, findings of fact and conclusions of law
with the code administrator, commission, historic preservation commission
or zoning authority within ten (10) working days after completion
of the public hearing.
C.
Any
property owner, business, governmental agency, not-for-profit organization,
community or neighborhood organization, or other person affected by
the matter which is the subject of the hearing, may participate in
the public hearing as a party.
D.
The
chairperson, or the hearing officer, if any, may reasonably require
parties to consolidate presentations of evidence, questionnaires and
other participation in the public hearing to minimize duplication,
overlap, inordinate delay and to promote the efficient process of
conducting the public hearing.
E.
The
chairperson or the hearing officer, if any, may postpone the public
hearing in order to request and review written testimony.
F.
In
conducting adjudicatory proceedings, the zoning authority, commission,
or historic preservation commission shall afford all parties an opportunity
for full and fair hearing. Unless otherwise provided by any law or
ordinance, the zoning authority, commission, or the historic preservation
commission:
1.
May place on any party the responsibility of requesting a hearing
if the zoning authority, commission, or historic preservation commission
notifies the person in writing of that person’s right to a hearing
and of the person’s responsibility to request the hearing;
2.
May make informal disposition of any adjudicatory proceeding by stipulation,
agreed settlement, consent order or default;
3.
May limit the issues to be heard or vary the procedures prescribed by subsection G of this section if the parties agree to the limitation or variation;
4.
Shall allow any person showing that such person will be substantially
and specifically affected by the proceeding to intervene as a party
in the whole or any portion of the proceeding, and may allow any other
interested person to participate by presentation of argument orally,
or in writing, or for any other limited purpose the zoning authority,
commission, or historic preservation commission may order; and
5.
Shall, upon demand by any party, require any or all parties, including
the zoning authority, commission, or historic preservation commission
involved, to advise the names of witnesses it proposes to call at
any adjudicatory hearing, together with the gist of testimony or type
of testimony expected to be elicited from each witness. Any party
shall likewise be required upon demand to advise of, and produce for
examination or copying, any exhibits the party anticipates using.
Such demanded information shall be made available at least ten (10)
days prior to the hearing. Other discovery or prehearing conferences
and procedures available in the district courts may also be used upon
demand by any party.
G.
In
adjudicatory proceedings, all parties shall be afforded an opportunity
for hearing after reasonable notice. The notice shall include:
1.
A statement of the time, place and nature of the hearing;
2.
A statement of the legal authority and jurisdiction under which the
hearing is to be held;
3.
A short and plain statement of the matters of fact and law asserted
so that all have sufficient notice of the issues involved to afford
them reasonable opportunity to prepare. If the issues cannot be fully
stated in advance of the hearings, they shall be fully stated as soon
as practicable. In all cases of delayed statement, or where subsequent
amendment of the issues is necessary, sufficient time shall be allowed
after full statement or amendment to afford all parties reasonable
opportunity to prepare; and
4.
In instances in which private parties are the moving parties, other
parties to the proceedings shall give prompt notice of issues controverted
in fact or law, and in other instances, the zoning authority, commission,
or historic preservation commission may, by rule, require responsive
pleadings by the parties.
H.
Opportunity
shall be afforded all parties to respond and present evidence and
argument on all issues involved.
I.
The
record in adjudicatory proceedings shall include:
1.
All pleadings, motions and intermediate rulings;
2.
Evidence received or considered;
3.
A statement of matters officially noticed;
4.
Questions and offers of proof, objections and rulings thereon;
5.
Proposed findings and conclusions; and
6.
Any decision, opinion or report by the agency conducting the hearing.
J.
The
code administrator shall arrange typewritten transcription of sound
recordings.
K.
Findings
of fact shall be based exclusively on the evidence presented and on
matters officially noticed.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010; Ordinance
11-04 adopted 2011)
In adjudicatory proceedings:
A.
Irrelevant,
immaterial or unduly repetitious evidence shall be excluded. Objections
to evidentiary offers may be made and shall be noted in the record.
Subject to these requirements, when a hearing will be expedited and
the interests of the parties will not be prejudiced substantially,
any part of the evidence may be received in writing, ten (10) days
prior to the hearing;
B.
All evidence, including any records, investigation reports and documents in the possession of the code administrator, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record in the proceeding, and no other factual information or evidence shall be considered, except as provided in subsections C and D of this section. Documentary evidence may be received in evidence in the form of copies or excerpts, or by specific citation to page numbers in published documents;
C.
Those
parties aggrieved or wanting to speak for or against the application
shall sign in their name, address and telephone number at the public
hearing;
D.
Every
party may call and examine witnesses, introduce exhibits and/or examine
witnesses who testify and submit rebuttal evidence;
E.
Official
notice may be taken of all uncontroverted facts and of other facts
within the specialized knowledge of the agency, but whenever the code
administrator, commission, historic preservation commission, or zoning
authority takes official notice of a fact, the noticed fact and its
source shall be stated at the earliest practicable time, before or
during the hearing, but before the final report or decision, and any
party shall, on timely request, be afforded an opportunity to show
the contrary;
F.
The
experience, technical competence and specialized knowledge of the
code administrator, town attorney, and their staff may be utilized
in the evaluation of the evidence;
G.
Any
party may be represented by counsel licensed to practice law in the
state or by any other person authorized by law;
H.
If
a person who has requested a hearing does not appear and no continuance
has been granted, the code administrator may hear the evidence of
witnesses who appear, and the code administrator may proceed to consider
the matter and dispose of it on the basis of the evidence. Where,
because of accident, sickness or other good cause, a person fails
to request a hearing or fails to appear for a hearing which he has
requested, the person may, within a reasonable time, apply to the
code administrator to reopen the proceeding, and the agency, upon
finding the cause sufficient, shall immediately fix a time and place
for hearing and give the applicant required notice. At the time and
place fixed, a hearing shall be held in the same manner as would have
been employed if the person had appeared in response to the original
notice of hearing;
I.
In
fixing the times and places for hearings, the applicant will be scheduled
at the next available meeting date that is most convenient for the
application;
J.
Where relief or procedure is not otherwise provided for, rules of practice and procedure applicable to civil actions in the district court may be utilized by the parties at any stage of any proceeding which such proceeding shall be administered by the hearing officer selected by the commission or the historic preservation commission as per section 16.12.030 of this chapter, and if refused by the agency, then, upon application to any district court having jurisdiction of the places of residence of a private party, for the entry of an order providing for such relief or procedure; and
K.
Prior
to each recommended initial or tentative decision, or decision of
the code administrator, commission, historic preservation commission,
or zoning authority review at any later stage of the proceeding, the
parties shall be afforded a reasonable opportunity to submit, for
the consideration of the code administrator, commission, historic
preservation commission, or zoning authority participating in the
decisions, briefs including:
1.
Proposed findings of fact and law, together with supporting reasons
therefor including citations to the record and of law; and
2.
In all cases where recommended initial decisions or tentative decisions
are subject to further review, exceptions to the decisions or recommended
decisions and supporting reasons for such exceptions. The record shall
include all briefs, proposed findings and exceptions and shall show
the ruling upon each finding, exception or conclusion presented. All
decisions at any stage of any proceeding become a part of the record
and shall include a statement of findings and conclusions, as well
as the reasons or basis therefor, upon all material issues of fact,
law or discretion involved, together with the appropriate rule, order,
sanction, relief or the denial thereof.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010)
A.
Limitations.
No zoning authority, commission, historic
preservation commission or code administrator thereof shall:
1.
Participate in a final decision in a zoning adjudicatory proceeding
unless that person has heard all of the evidence or read the record.
A final decision or order in a zoning adjudicatory proceeding shall
be in writing or stated in the record. A final or tentative decision
shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory ordinance language,
shall be accompanied by a concise and explicit statement of the underlying
facts supporting the findings. The code administrator, commission,
historic preservation commission or zoning authority shall issue findings
of fact within fifteen (15) days after the final decision. Parties
shall be notified, either personally or by mail, of any decision or
order. A copy of the decision or order shall be delivered or mailed
forthwith to each party or to his attorney of record; or
2.
Impose any sanction or substantive rule or order except within the
jurisdiction delegated to the commission or historic preservation
commission and as authorized by law.
B.
Findings of fact.
If a hearing officer has been designated
to conduct a public hearing, the code administrator, commission, historic
preservation commission or zoning authority may accept all or some
of the recommendations, findings of fact and/or conclusions of law.
After review of pertinent evidence considered at the public hearing,
and after review of any additional evidence submitted pursuant to
any supplemental hearing or supplemental proceeding conducted at the
discretion of the code administrator, commission, historic preservation
commission or zoning authority, the code administrator, commission,
historic preservation commission or zoning authority may modify or
reject all or some of the recommendations, findings of fact and/or
conclusions of law.
C.
Modifications or rejection.
Modifications or rejection
of any findings of fact shall be in writing and shall state the reasons
for modification or rejection.
D.
Conclusions of law.
On the basis of the findings of
fact approved or issued by the code administrator, commission, historic
preservation commission or zoning authority, the code administrator,
commission, historic preservation commission or zoning authority shall
issue conclusions of law. The code administrator, commission or zoning
authority may consider conclusions of law recommended by a hearing
officer, if any, but shall not be bound by those recommendations.
E.
Decision.
The code administrator, commission, historic
preservation commission, or zoning authority shall, pursuant to the
criteria for each individual application established in this title,
approve, approve with conditions or modifications, or deny, applications.
The code administrator, commission, historic preservation commission,
or zoning authority may require or impose such conditions on the decision
as will, in its judgment, be reasonably necessary to meet and secure
the requirements and factors enumerated in this title, and to secure
substantially the objectives of this title. The commission or zoning
authority may, for cause, and upon either the request of the code
administrator or of its own motion, revoke, amend, modify or continue
an approved variance, conditional use permit, or special use permit.
F.
Final decision.
A final decision shall become effective:
1.
If it is a decision of the code administrator, the day it is put
into writing or within ten (10) days of the public hearing or submission
of recommendations, findings of fact and conclusions of law, by the
hearing officer, whichever is later in time;
2.
If it is a decision of the commission or historic preservation commission,
upon the vote of the commission or historic preservation commission;
3.
If it is a decision of the town council, upon the approval of the
minutes of the meeting where the decision was made.
G.
Mailing of decision.
The decision of the code administrator,
commission, historic preservation commission, or zoning authority
shall be filed with the code administrator and shall be mailed to
the applicant. Any interested party may obtain a copy of the decision
from the code administrator upon payment of reasonable copying costs.
H.
Record maintained.
The code administrator shall maintain
a record of all applications requested and those granted, and shall
report such information to the town council upon its request. The
code administrator shall issue certificates of variance, conditional
use permits, special use permits, and certificates of nonconformity
which include a property legal description, which shall be recorded
with the county clerk. For a plat vacation, filing with the county
clerk shall occur as provided in section 3-20-12.C New Mexico Statutes
Annotated, 1978, as amended.
I.
Time limit on decisions.
Approved variances, conditional
use permits and special use permits for which construction has not
begun within two (2) years from the date of approval are deemed revoked
whereby an applicant would need to reapply.
(Ordinance 16-10(A) adopted 2016)
No party or representative of a party shall communicate off
the record about the case with any zoning authority, commission or
historic preservation commission member who participates in making
the decision in any zoning adjudicatory proceeding unless a copy of
the communication is made available to all parties to the proceeding.
No zoning authority, commission or historic preservation commission
member or representative of the entity shall communicate off the record
about the zoning adjudicatory proceeding with any party or representative
of a party or any other person unless a copy of the communication
is made available to all parties to the proceeding.
(Ordinance 10-07 adopted 2010)
A.
The failure of the code administrator or other town employee, commission,
historic preservation commission, hearing officer and/or the town
council to comply with the time limits set forth in this title shall
not:
1.
Constitute a waiver of any of the requirements of this title or any
other applicable ordinance;
2.
Operate to grant, issue or approve any application or other request
for any type of approval; or
3.
Cause any action of the code administrator, commission, historic
preservation commission, hearing officer, zoning authority or other
town employee, board, or agency to be overturned, reversed, or modified.
B.
In the event that the code administrator, commission, historic preservation
commission, hearing officer, zoning authority or other town employee,
board or agency, shall fail to comply with the time requirements of
this title, then the applicant or any other aggrieved party may file
a written request for action. If no action is taken within ten (10)
days after the written request is filed with the code administrator,
then the failure to take action shall be deemed a denial of such request
or any other action sought pursuant to this title, including, but
not limited to, denial of an appeal.
C.
Whenever there is a conflict between time limits imposed by this
title and New Mexico statutory law or regulations, the New Mexico
statutory law or regulation time limits shall apply.
(Ordinance 10-07 adopted 2010)
In connection with the review of an application with respect to subdivision matters governed by article 20, chapter 3 New Mexico Statutes Annotated, 1978, as amended, the procedures for review provided for in chapter 16.24 of this title and article 20, chapter 3 New Mexico Statutes Annotated, 1978, as amended, shall apply in addition to the review procedures provided in this title. The time limits established in this title shall be extended or shortened if required in order to comply with the procedures established in article 20, chapter 3 New Mexico Statutes Annotated, 1978, as amended.
(Ordinance 99-05 adopted 1999)
A.
No
provision of this title may be amended except by action of the town
council.
B.
Amendments
to this title may be initiated by:
1.
The verified application of the owners of property to be changed,
reclassified or otherwise affected by the proposed amendment;
2.
A request for approval of a planned unit development which requires
a zone change;
3.
Resolution of the town council; or
4.
Resolution of the commission or historic preservation commission.
C.
In
the event that an amendment to this title is initiated pursuant to
subsection B.3 or B.4 of this section, then the code administrator
shall perform all duties and meet all requirements of the applicant
unless otherwise directed by the town council, commission, or historic
preservation commission.
D.
No
matter how an amendment to this title is initiated, no amendment to
this title shall be enacted by the town council until the written
recommendations of the commission or historic preservation commission
either supporting or opposing the proposed amendment, with or without
qualifications, are presented to the town council.
E.
The provisions of sections 16.12.040.5 through 16.12.040.11 of this chapter shall apply to a proposed amendment to this title. The hearing officer, if any, shall summarize the evidence received and issue a recommendation regarding the proposed code amendment to the commission.
F.
The
commission shall issue its recommendation to the town council within
ten (10) days of the public hearing or receipt of a recommendation
by the hearing officer, if any, whichever is later in time.
G.
The
town council may, in its discretion, hold additional public hearings
regarding the proposed code amendment. If additional public hearings
are called, then notice for public hearings shall be given and proof
of notice filed as provided in subsections 16.12.040.5.G through K
of this chapter.
H.
The
town council may remand the application to the commission or historic
preservation commission for further hearings and recommendations before
the town council takes final action on the proposed amendment.
I.
If the town council conducts one or more additional public hearings, then the provisions of section 16.12.040.7 of this chapter shall be applicable to each public hearing with the town council performing the functions assigned to the commission or historic preservation commission and the mayor performing the functions assigned to the chairperson.
J.
The
town council may accept all, some, or none of the recommendations
of the commission, historic preservation commission, or hearing officer,
if any.
K.
The
town council may issue written findings of fact and conclusions of
law if such would be appropriate, given the type of code amendment
being considered.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010)
A.
The
following criteria will be used by the commission or historic preservation
commission for the review and approval of an amendment to this title
for recommendation to the town council:
1.
The amendment is consistent with the direction and intent of the
existing town master plan;
2.
The amendment is consistent with the purpose and intent of town zoning
regulations;
3.
The amendment to this title is consistent with the existing land
use in the affected neighborhood;
4.
The benefit to the neighborhood will outweigh any potential adverse
impact upon the surrounding properties;
5.
The amendment to this title will not create a danger to the public
health, safety, or welfare, nor cause an extraordinary public expense,
or create a nuisance; and
6.
The amendment is justified by the fact that the original zoning was
in error, by change in condition in the vicinity, or by change in
the town’s overall development policy.
(Ordinance 99-05 adopted 1999; Ordinance 10-07 adopted 2010)
No building construction governed by this title may be undertaken
unless a building permit has been issued pursuant to the provisions
of this title. Upon issuance of a building permit, the applicant shall
cause the building permit to be posted prominently on the land, dwelling
or other structure for which the building permit has been issued for
the duration of construction of the project.
(Ordinance 99-05 adopted 1999)
The following submittals and review shall apply to an application
for a building permit involving the construction, alteration or repair
of single-family dwelling or construction and the alteration or repair
of a structure which is accessory to a single-family dwelling.
A.
Submittals.
1.
Proof that the applicant owns the parcel on which the dwelling will
be constructed;
2.
A sufficient number of complete sets of plans and specifications
for the proposed dwelling, as may be reasonably determined to be necessary
by the code administrator;
3.
Names of all contractors and subcontractors used, and construction
industries division assigned license numbers. Each must have a valid
and current state contractor’s license;
4.
If the applicant proposes to use an individual liquid waste disposal
system, a state environment department septic tank registration certificate
must be submitted, or a town approved hookup to the town municipal
sewer system; and
5.
Approved application to appropriate underground water issued by the
state engineer’s office, if applicable, or a town approved hookup
to the town municipal water system.
B.
Zone district identification and development review.
The code administrator shall check the location of the proposed dwelling,
and shall inform the applicant of any submittals, requirements or
reviews required under this title or any applicable ordinance or regulation.
The code administrator shall cause all required reviews to be undertaken.
C.
Building code review.
The code administrator shall cause
the submitted plans and specifications to be reviewed for compliance
with all applicable fire and construction codes and for engineering
design, within fifteen (15) business days of submittal of a complete
application. Should the application be determined to be proper and
complete, then the building permit shall thereupon be promptly issued.
D.
Mechanical and electrical code review.
The applicant
shall obtain all required state permits for mechanical and electrical
services.
E.
Commencement of construction.
Once all of the requirements
of this title are met, construction must begin within one hundred
eighty (180) days of the date of issuance of the building permit,
or the building permit becomes void and a new application is required
prior to any construction.
(Ordinance 99-05 adopted 1999)
The following submittals and review shall apply to an application
for a building permit for the construction, alteration or repair of
commercial, industrial or large scale residential uses. Large scale
residential uses are defined as six (6) or more dwellings on a lot.
A.
Site development plan.
A site development plan containing the elements of section 16.20.080 of this title.
B.
Documentation.
Documentation satisfying all the performance
standards requirements of chapter 16.20 of this title.
C.
Zone district review.
The code administrator shall check
the location of the proposed development and shall inform the applicant
of any additional submittals or reviews required because of location
of the proposed development within a zoning district and cause the
required review to be undertaken.
D.
Additional review.
The code administrator and the planning
and zoning staff shall review the proposed development and shall inform
the applicant of any additional submittals or reviews required under
this title, or any other applicable town ordinance or regulation including,
but not limited to, storm drainage ordinance, dark skies lighting
ordinance, public works standards manual, landscape ordinance, and
sign ordinance and shall cause all applicable and required reviews
to be undertaken.
E.
Final drafts.
Final drafts of all agreements, contracts,
deed restrictions and other legal instruments pertinent to the implementation
of the development plan; and a sufficient number of sets of plans
and specifications for the construction of any structure as may be
reasonable, determined to be necessary by the code administrator.
All commercial, industrial and large scale residential plans shall
be stamped by a licensed engineer and/or architect as defined by the
state board of examiners for architects and/or engineers.
F.
Special design requirements.
For proposed construction outside of the historic overlay zone, plans must be in compliance with the standards set forth in section 16.20.030 of this title.
G.
Conformance to applicable codes.
The code administrator
shall cause the submitted plans and specifications to be reviewed
for compliance with all applicable fire and building codes and for
civil and structural design.
H.
Mechanical and electrical code review.
The applicant
shall obtain all state permits for required mechanical and electrical
services.
I.
Commencement of construction.
Once all of the requirements
of this title are met and a building permit is issued, construction
must begin within one hundred eighty (180) days of the date of issuance,
or the building permit becomes void and a new application must be
made prior to any construction.
(Ordinance 99-05 adopted 1999)
A.
It
shall be unlawful for any person to occupy any property, including
any building, part of a building, any addition to an existing building,
or any building in which structural alterations or repairs have been
made, unless and until the town has issued a certificate of occupancy
specifying the particular type of occupancy for which said property,
building, or part of a building may be used.
B.
When
the initial occupancy or use of property is desired or when a change
in the occupancy or use of property is desired, an application for
a certificate of occupancy shall be filed before any such property
shall be so occupied. The application shall be filed with the code
administrator and the proposed occupancy and use shall be investigated
by the code administrator. If the proposed use conforms to the provisions
of this code, a certificate of occupancy may be issued.
1.
Temporary certificates of occupancy may be issued by the code administrator
for a property whose compliance with all of the town codes required
for a certificate of occupancy is incomplete. The code administrator
shall assure compliance with the International Building Code standards,
and passage of electrical and mechanical/plumbing inspections, before
a temporary certificate of occupancy may be issued. Temporary certificates
of occupancy shall be issued for not more than one hundred eighty
(180) days, after which time, the applicant shall obtain a certificate
of occupancy or shall be fined five hundred dollars ($500.00) a day
thereafter for noncompliance.
2.
Partial certificates of occupancy may be issued by the code administrator
for any part or parts of a building for which the code administrator
has assured compliance with the International Building Code standards
and passage of electrical and mechanical/plumbing inspections.
C.
The
certificate of occupancy shall be issued only after the building or
part of a building, or any alterations or repairs thereof, have been
completed and finally inspected by authorized representatives of the
fire department and the building inspector, and has been found by
them to comply with all the requirements of all applicable codes,
town ordinances and regulations, and with the laws of the State of
New Mexico, for the occupancy and use as specified in the certificate
of occupancy. All inspectors who make code inspections shall first
have been certified or licensed as required by state law.
D.
One
copy of the certificate of occupancy shall remain on file in the office
of the code administrator. The certificate of occupancy shall contain
the following information:
(Ordinance 04-15 adopted 2005)
In addition to any other provision of this title, final approval
for any activity or development governed or regulated by this title
shall be deemed automatically withdrawn if a building permit is not
obtained, or substantial activity or development is not commenced
within one year after final approval was granted, and if construction
or other activity or development is not thereafter reasonably and
continually carried through to completion.
(Ordinance 99-05 adopted 1999)
A.
Applicability.
No building permit shall be issued unless
a construction mitigation checklist, as provided for herein, has been
submitted and approved by the code administrator. These requirements,
where applicable, set minimum standards for the operation of the project
site to eliminate or minimize impacts to the site and to the neighborhood
to include containment of sediment, surface water discharge, erosion
of soil, vehicle parking and loading area, traffic control, fencing,
placement of materials, safety, neatness and cleanliness.
B.
Approval; modifications.
The code administrator shall
review and approve the construction mitigation checklist plan. The
code administrator is hereby authorized to grant modifications to
the checklist and its applicable requirements and corresponding standards
should the following issues arise:
1.
If the approved checklist with its applicable requirements for the
proposed project have changed due to unforeseen circumstances which
have occurred during the course of working on the project, and/or
2.
Any member of the town development review committee (DRC) determines
modifications to the approved checklist with its applicable requirements
are warranted.
C.
Summary of construction mitigation checklist requirements.
The contractor shall submit a construction mitigation checklist
with a building permit application which includes, where applicable,
the following requirements:
1.
2.
Fencing plan.
Fencing plan, when required, showing location,
height and type of fence with screening or evidence that proposed
construction does not warrant a construction fence.
3.
Location of construction trailers.
Location of construction
trailer(s), loading/unloading area and material storage area.
4.
Location of chemical toilets.
Location of chemical toilet(s).
5.
Location of dumpster.
Location of dumpster used for
construction materials.
6.
Traffic control plan.
Traffic control plan, in accordance
with the Manual for Uniform Traffic Control, showing:
a.
Access on adjacent public right-of-way shall be eighteen feet (18')
wide, or twelve feet (12') with restrictions upon approval of the
code administrator;
b.
Delivery of materials plan. Contractor shall make every effort to
avoid receiving deliveries during the peak traffic hours around eight
o’clock (8:00) a.m. and three o’clock (3:00) p.m.;
c.
Any project that creates an obstruction of the right-of-way or takes
place in the right-of-way shall have appropriate public works department
permits.
7.
Other activities.
Other activities, where special conditions
are identified by the DRC.
D.
Definitions.
1.
Parking during development of project.
a.
Parking on site.
Contractor shall provide for parking
on the project site to the greatest degree possible. Alternative parking
sites may include adjacent vacant lot or off-site parking upon approval
of the property owner.
b.
Access.
Use of the public right-of-way for access to
and from the project site shall be strictly managed by the contractor.
Contractor shall maintain the public street adjacent to the project
site free of dirt, sand or any other debris resulting from construction
activities.
c.
Off-site parking.
If the construction site management
plan illustrates proposed parking in the right-of-way, the building
permit application shall be accompanied by written permission from
the public works and police departments. The code administrator may
temporarily permit off-site parking on vacant lots other than the
project site with the written permission of the owner of the lot where
the vehicles are to be parked and in compliance with the following
standards:
(1)
The lot shall be used for parking only.
(2)
There shall be no storage of materials, trailers or construction
equipment.
(3)
There shall be no loading and unloading of materials or machinery.
(4)
Parking within the right-of-way abutting the off-site parking
lot may be approved by the code administrator if written permission
from the public works and police departments are obtained and sufficient
ingress and egress to the vacant lot is maintained. The lot shall
remain free of debris or trash.
(5)
The off-site parking shall occur no earlier than seven o’clock
(7:00) a.m. and no later than six-thirty o’clock (6:30) p.m.
Loitering is prohibited.
2.
Material storage.
Material associated with the project
site including equipment shall be neatly stored on the site (within
the fenced area when applicable). The storage of material shall not
obstruct access to the structure under construction or create a public
safety hazard. All loading or unloading of materials and/or equipment
is limited to the construction site.
3.
Construction fencing.
Where applicable for commercial
construction, or when applicable in residential construction, the
following requirements apply. A project site is required to install
a construction fence which means a temporary six foot (6') chainlink
fence during all phases of construction.
a.
Alternative to fence.
An existing hedge or visual barrier
of at least six feet (6') in height along any lot line may be considered
an equivalent of the construction fence. The contractor shall make
this request in writing to the code administrator.
b.
Installation.
Installation of a construction fence shall
occur prior to any construction activity or material deliveries. The
fence shall not be placed so as to create a public safety hazard.
Where the project site is enclosed by a fence, the fence gate shall
be locked during nonworking hours.
4.
Signs.
A twenty-four by thirty-six inch (24" x 36") sign shall be posted by the contractor on the project site which is readable from the street. The sign shall contain the street address of the property, phone number for the town and the name and phone number of the general contractor. The sign is exempt from the sign regulations in section 16.20.010.5 of this title. This sign shall be maintained in a readable condition until completion of construction.
5.
Construction trailer.
When a construction trailer is
proposed and a construction fence is required, it shall be located
on the project site within the fence at the location shown on the
construction site management plan.
6.
Chemical toilets.
Chemical toilets shall be located
inside the project fence and accessible for servicing. Where a fence
is not required, the contractor shall locate the chemical toilet facing
toward the rear of the project site and no farther than fifteen feet
(15') from the structure under construction except where another location
has been authorized by the code administrator due to the size of the
lot and ease of access to the chemical toilet.
7.
Dumpster.
Construction site dumpster shall be located
inside the fence. Where a fence is not required, it shall be located
on the project site. The dumpster shall be emptied in a timely fashion
so there is no overflow of debris or litter. Prior to a certificate
of occupancy being issued, the dumpster shall be removed from the
site.
8.
Site cleanliness.
Contractor shall maintain a clean
and orderly project site. “Maintenance” for purposes of
this section means, without limitation, removal and placement into
a dumpster of all scrap building materials from the project site.
The project site shall be free of all loose debris such as cans, metal,
plastic and paper.
9.
Construction related traffic control.
A contractor,
owner, vehicle operator or any persons associated with the project
site who impede or obstruct the public right-of-way shall be in violation
of this code. Parking, loading, unloading or any related activity
on the public right-of-way is prohibited unless authorized and coordinated
with the public works department and the town police department.
E.
Construction mitigation checklist.
No building permit shall be issued unless a construction mitigation
checklist has been submitted to the code administrator of the town.
Please answer yes or no to
the following questions and sign & initial:
(1)
Will you provide on-site parking for the proposed project?
|
_____Yes
|
_____No
|
|
If you answered “No” please refer to the
attached requirements for off-site parking.
| |
(2)
Will there be parking in a public right-of-way during the course
of constructing the proposed project?
|
_____Yes
|
_____No
|
|
If you answered “Yes,” a letter of approval
from the Town of Taos Public Works and Police Departments will be
required.
| |
(3)
Will this project require the storage of construction materials on-site?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for material storage.
| |
(4)
Will this project require fencing? (NOTE TO APPLICANT: Fencing may
be required for commercial projects which involve new construction.)
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for fencing signs [sic].
| |
(5)
Will this project require temporary construction signs advertising
the work being done?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for signs.
| |
(6)
Will this project require a construction trailer(s) on-site?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for construction trailers.
| |
(7)
Will this project provide chemical toilets for workers?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for chemical toilets.
| |
(8)
Will this project require the use of dumpsters for construction debris?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for dumpsters.
| |
|
If you answered “No” please refer to the
attached requirements for site cleanliness.
| |
(9)
Will this project disrupt traffic at any time during the course of
the project?
|
_____Yes
|
_____No
|
|
If you answered “Yes” please refer to the
attached requirements for construction related traffic control.
| |
|
Construction activity: Construction activity
shall only occur between the following hours, unless otherwise authorized
by the town development review committee (DRC):
| |
|
-
|
Residential projects: 8 a.m. - 5 p.m., Monday through Saturday
|
|
-
|
Commercial projects: 7 a.m. - 6 p.m., Monday through Saturday
|
|
|
(Commercial projects in residential zones: 8 a.m. - 5 p.m. Monday
through Saturday)
|
|
By initialing here _____I understand that my project will comply
with the applicable time frame requirements as they are stated above
unless I receive written permission from the DRC to deviate from them.
| |
|
This checklist has been answered to the best of my knowledge.
Should circumstances change during the course of my project work that
conflict with the answers given in this checklist, it is my responsibility
to inform the Town of Taos Planning and Zoning Department. I understand
that I shall abide by the applicable regulations that are attached
to this checklist. I understand that if I fail to follow the applicable
regulations stated in the attachments herein I may be subject to a
Stop Order on my project.
| |
|
___________________________
Applicant Signature
| |
|
Requirements for the Construction Mitigation Checklist are outlined in Section 16.12.070.6 of the Land Use Development Code, and are available at the Town of Taos Planning and Zoning Department offices.
| |
(Ordinance 07-12 adopted 2007)
Any final decision of the code administrator, commission, or historic preservation commission may be appealed as provided in this section 16.12.080.
(Ordinance 11-04 adopted 2011)
A.
Any person or public entity aggrieved by the decision of the code administrator, commission or historic preservation commission in the enforcement of these ordinances, resolutions, rules or regulations adopted pursuant to this section 16.12.080 [this title] may appeal to the commission or zoning authority. An appeal shall stay all the proceedings and furtherance of the action appealed unless the code administrator, commission, or historic preservation commission from whom the appeal is taken certifies that, by reason of fact stated in the certificate, the stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of the district court after notice to the code administrator, commission, or historic preservation commission from whom the appeal is taken and due cause shown.
B.
When an appeal alleges that there is an error in any order, requirement, decision or determination by the code administrator, the commission or historic preservation commission in the enforcement of this title or any other ordinance, resolution, rule or regulation adopted pursuant to this section 16.12.080 [this title], the commission, historic preservation commission or zoning authority by a majority vote of all its members may:
1.
Authorize, in appropriate cases and subject to appropriate conditions
and safeguards, variances from the terms of this title not inconsistent
with this title:
2.
In conformity with sections 3-21-1 through 3-21-14 New Mexico Statutes
Annotated, 1978:
a.
Reverse any order, requirement, decision or determination of the
code administrator, the commission or historic preservation commission;
b.
Decide in favor of the appellant; or
c.
Make any change in any order, requirement, decision or determination
of the code administrator, the commission or historic preservation
commission.
(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
A.
Only
final decisions of the code administrator, commission or historic
preservation commission may be appealed. A final decision is a written
decision or action filed with the code administrator which effectively
disposes of a matter pending before the code administrator, commission
or historic preservation commission.
B.
Notwithstanding the provisions of subsection A of this section, an applicant may appeal: a refusal to take action; a refusal to make a decision favorable to the applicant; the denial of any application; or the imposition of unacceptable conditions or modifications, if the decision to be appealed would, as a practical matter, effectively dispose of the application in a manner which is adverse to the interests of the applicant, even if other aspects of the application have not been finally acted upon. This subsection is intended to authorize appeals when further action by the commission, the historic preservation commission, or the code administrator would be futile because a decision essential to ultimate approval of the application has been rendered in a manner which is adverse to the interests of the applicant. However, nothing herein shall be construed to prevent an applicant from proceeding through all administrative proceedings and waiting until all actions or decisions on the merits of the application have been issued or rendered before filing an appeal.
C.
In
the event that an application requires multiple approvals, then a
person or party aggrieved by an action or decision in favor of the
applicant may not appeal until all actions or decisions regarding
the merits of the application have been rendered or issued.
D.
No
decision or action regarding the admissibility of evidence or the
conduct of a hearing shall be deemed a final decision.
E.
No
decision regarding a procedural matter shall be considered a final
decision, unless such procedural action effectively disposes of a
pending matter.
F.
Recommendations
of a hearing officer, findings of fact and/or conclusions of law may
not be appealed. Nothing herein shall prevent an aggrieved person
or party from appealing a final decision accepting such recommendations,
findings of fact or conclusions of law.
(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
A.
All appeals shall be initiated by filing a written notice of appeal with the code administrator on a form, the contents of which shall have been approved by the code administrator, and accompanied by the fee established pursuant to appendix A attached to Ordinance 99-05 and available to the public at the office of the code administrator, in good funds.
B.
The
written notice of appeal shall state specifically each and every decision
from which an appeal is taken.
(Ordinance 99-05 adopted 1999)
A notice of appeal shall be filed with the code administrator
within ten (10) working days of effective date of the decision as
set forth in subsection 16.12.040.9.F of this chapter.
(Ordinance 99-05 adopted 1999)
A.
Upon
the filing of a notice of appeal, the code administrator shall, within
seven (7) working days:
B.
The
commission, historic preservation commission, or zoning authority
shall, upon receipt of a notice of appeal, schedule a public hearing
on the appeal. The public hearing shall be held not less than thirty
(30) days nor more than sixty (60) days after the date upon which
the notice of appeal was filed.
C.
At the appellant’s expense, notice of the public hearing on the appeal shall be given to all persons or parties who signed in at any of the prior public hearings, if any, and notice of the public hearing on the appeal shall be published in a newspaper of general circulation in the county. Notice shall be given and proven as provided in section 16.12.040.5 of this chapter with the appellant performing the duties assigned to the applicant, as follows:
1.
Notice by publication shall be given per section 16.12.040.5 of this chapter;
2.
Notice by certified mail, return receipt requested shall be given
to persons or parties who signed in at the public hearing;
3.
Proof of notice shall be filed with the code administrator pursuant to section 16.12.040.5 of this chapter; and
4.
The failure to give proper notice, or file proper proof thereof,
shall cause the appeal to be withdrawn, per subsection 16.12.040.5.K
[16.12.040.5.L] of this chapter.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009; Ordinance
11-04 adopted 2011)
A.
The
following persons or parties may participate in the public hearing
on an appeal:
1.
The appellant;
2.
The code administrator and any other interested town employee or
member of any town board, agency or commission;
3.
Any aggrieved person or party who appeared and signed in at any of
the prior public hearings, if any, in opposition to the appellant;
4.
Any person or party who did not appear at any prior public hearing,
whose interests are adverse to the appellant, who would be aggrieved
by a decision in favor of the appellant, who can demonstrate good
cause for failing to appear at a prior public hearing, and who should
be allowed to participate in the interests of justice; and
5.
If there were no prior public hearings regarding the matter raised
on appeal, then any person or party who would be aggrieved by a decision
in favor of the appellant.
B.
The
appeal hearing shall be de novo. All evidence, hearing transcripts,
findings of fact, conclusions of law, and other records and documents
shall be delivered by the code administrator to the commission, historic
preservation commission, or zoning authority prior to the commencement
of the appeal hearing.
C.
The
commission, historic preservation commission, or zoning authority
may designate a hearing officer to conduct the appeal hearing.
D.
Additional
evidence may be allowed at the discretion of the person presiding
at the appeal hearing.
E.
Subsections
16.12.040.7.A through C of this chapter shall apply to the appeal
hearing, with the mayor performing the duties of the chairperson if
the appeal is to the town council.
(Ordinance 99-05 adopted 1999; Ordinance 11-04 adopted 2011)
A.
Decisions
on appeal shall be in writing. Any finding of fact or conclusion of
law issued previously may be accepted by the commission, historic
preservation commission, or zoning authority in its decision on the
appeal. Any finding of fact or conclusion of law which is rejected
or modified shall be accompanied by a written explanation of the rejection
or modification. On appeal, the commission, historic preservation
commission, or zoning authority shall have full and complete authority
to accept, modify or reject any and all prior actions and determinations
rendered in connection with the matter on appeal.
B.
Except to the extent superseded by subsection A of this section, section 16.12.040.9 of this chapter shall govern appeals, with the town council performing the duties of the commission or historic preservation commission, if the appeal is before the town council.
(Ordinance 11-04 adopted 2011)
An appeal from a final decision of the code administrator as authorized in this section 16.12.080 shall be to the commission. All final decisions of the commission, including appeals from actions of the code administrator, may be appealed to the town council if in the town municipal limits or otherwise within the town’s jurisdiction.
(Ordinance 09-19 adopted 2009)
If more than one appeal is filed on a matter, then appeals on
the same matter may be consolidated by the commission, historic preservation
commission, or zoning authority. Costs and other duties required of
appellants hereunder shall be apportioned equitably among the appellants
when appeals are consolidated.
(Ordinance 11-04 adopted 2011)
Any final decision of the zoning authority may be appealed to
a court of competent jurisdiction as allowed by law. A person aggrieved
by a decision of the zoning authority may appeal the decision pursuant
to section 39-3-1.1 New Mexico Statutes Annotated, 1978, as follows:
A.
This provision applies to all zoning appeals from final authorities
as required by section 39-3-1.1 New Mexico Statutes Annotated, 1978,
zoning appeals;
B.
C.
Unless standing is further limited by a specific statute, a person
aggrieved by a final decision may appeal the decision to district
court by filing in district court a notice of appeal within thirty
(30) days of the final decision.
D.
In a proceeding of judicial review of a final decision by the zoning
authority, the district court may set aside, reverse or remand the
final decision if it determines:
(Ordinance 99-05 adopted 1999)
