A. 
This chapter may be cited as the “planning, zoning and historical appropriateness commission ordinance.”
B. 
This commission is created by authority granted municipalities under the New Mexico State Statutes 1978, Sections 3-19-1(A)(1) and (2).
C. 
There is established a planning, zoning and historical appropriateness commission which shall be the planning commission and the zoning commission for the town of Mesilla.
(Ord. 2009-05 § 2)
A. 
The planning, zoning and historical appropriateness commission shall consist of five members who shall be appointed by the mayor with the consent of the board of trustees. A member of the board of trustees may be appointed as ex officio, nonvoting member of the commission.
B. 
The mayor with the advice and consent of the board of trustees shall appoint residents of the town of Mesilla to membership on the planning, zoning and historical appropriateness commission.
C. 
On the first planning, zoning and historical appropriateness commission, a majority of the members shall be appointed for one-year terms and the balance of the members shall be appointed for two-year terms. Each subsequent term of a member on the planning, zoning and historical appropriateness commission shall be for two years or less in order to maintain the original staggering of terms of membership. A vacancy in the membership of the planning, zoning and historical appropriateness commission shall be filled for the remainder of the unexpired term.
D. 
Members may succeed themselves.
(Ord. 2009-05 § 2; Ord. 2010-02 § 4; Ord. 2010-04 § 1)
Each person appointed to the planning, zoning and historical appropriateness commission shall be given notice of her/his appointment by a certificate stating that he/she was appointed as a member of the commission. The certificate shall be signed by the mayor, be attested by the town clerk-treasurer, and bear the municipal seal.
(Ord. 2009-05 § 2)
A. 
After a public hearing and for cause stated in writing and made part of the public record, the mayor, with the approval of the board of trustees, may remove a member of the planning, zoning and historical appropriateness commission.
B. 
At least 10 days prior to a hearing by the board of trustees, the member in question shall be given a written notice of the specific grounds for which removal might be exercised and the time, date, and place of the public hearing.
(Ord. 2009-05 § 2)
If a vacancy occurs on the planning, zoning and historical appropriateness commission, the mayor with the advice and consent of the board of trustees shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term.
(Ord. 2009-05 § 2)
A. 
The planning, zoning and historical appropriateness commission shall elect from its membership a chairperson, vice-chairperson and secretary. Officers shall serve for a one-year term and may succeed themselves.
B. 
Any office vacated shall be filled by the election of a new officer who shall serve for the remainder of the unexpired term.
(Ord. 2009-05 § 2)
A. 
The planning, zoning and historical appropriateness commission shall meet the first and third Monday of each month or on days specified by the board of trustees. Regular and special meetings shall be called as required by MTC § 2.70.010.
B. 
All meetings shall be held in the Mesilla Town Hall unless proper public notice to the contrary is given.
C. 
A majority of the members of the planning, zoning and historical appropriateness commission shall constitute a quorum for the transaction of business.
D. 
A motion shall carry upon the affirmative vote of the majority of the members of the planning, zoning and historical appropriateness commission present at a meeting.
(Ord. 2009-05 § 2)
A. 
Duties. The planning, zoning and historical appropriateness commission shall:
1. 
Prepare, review, hold hearings and recommend to the board of trustees changes, amendments and updating as required to the master plan, comprehensive plan, zoning map, zoning ordinances, subdivision regulations, future land use plan, guidelines and criteria for preservation and development, and historical districts; provided, however, that:
a. 
No maps, plans or regulations shall be effective until approved by the board of trustees; and
b. 
The board of trustees may, after a proper public hearing and notice as required by law, adopt maps, plans and regulations without any recommendation from the planning, zoning and historical appropriateness commission;
2. 
Approve or disapprove applications for business registrations, building permits for non-historically zoned applications, and sign permits;
3. 
Review and recommend approval/disapproval of applications for building permits within the Historical zones and General Commercial zone, providing reasons for their recommendation to the board of trustees and the applicant;
4. 
Review and recommend approval/disapproval of applications for special use permits, zone changes, and subdivision applications, (after following proper procedure as defined in the appropriate section of the comprehensive land use ordinance) providing reasons for the recommendation to the board of trustees and the applicant; and
5. 
Enforce and carry out the provisions of law relating to planning, platting, zoning, and historical appropriateness; and
6. 
Exercise such power, authority, jurisdiction and duty not inconsistent with this code and incidental and necessary to carry out the purpose of Section 3-19-2 and Sections 3-21-1 through 3-21-26 NMSA 1978 which have not been reserved to the board of trustees.
B. 
Powers. The planning, zoning and historical appropriateness commission will also:
1. 
Recommend preparation, changing or updating as required, the comprehensive plan for the town of Mesilla;
2. 
Hold public hearings on special use permits, amendments, supplements, or repeals of the zoning ordinances;
3. 
Recommend changes and amendments to the comprehensive land use ordinance for adoption by the board of trustees;
4. 
Hold regularly scheduled meetings;
5. 
Carry out duties as defined in the comprehensive land use ordinance for the town of Mesilla;
6. 
Make proposed changes or amendments to the future land use plan;
7. 
Carry out the duties and responsibilities assigned to the commission in this title.
(Ord. 2009-05 § 2)
The planning, zoning and historical appropriateness commission shall adopt regulations for the transaction of business and keep a public record of its transactions, findings, resolutions, determinations and attendance of its members at its meetings.
(Ord. 2009-05 § 2)
The commission shall keep a permanent record of its resolutions, transactions and determinations, and may make such rules and regulations consistent with this title and prescribe such forms as needed. The commission shall file with the town clerk-treasurer a notice of all determinations made by it.
(Ord. 2009-05 § 2)
A. 
All applications for work in the Historical zones and Commercial zone (not subject to administrative approval) shall be reviewed by the planning, zoning and historical appropriateness commission. The commission shall determine whether the request involved will be appropriate for the purposes of this title. If the request shall be determined to be inappropriate, the board shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historical district generally, such application may be approved without substantial detriment to the public welfare and without substantial derogation of the intent and purposes of this title.
B. 
In reviewing an application, the planning, zoning and historical appropriateness commission shall consider in addition to this chapter:
1. 
The historical and literary value and significance of the site, building, or structure;
2. 
The general design, arrangement, texture, material and color of the features, sign or billboard involved;
3. 
The relation of such factors to similar factors or sites, buildings and structures in the immediate surroundings; and
4. 
The appropriateness of the size and shape of the building or structure in relation to:
a. 
The land area upon which the building or structure is situated;
b. 
The landscaping and planting features proposed by the applicant; and
c. 
The neighboring sites, buildings or structures within the historical district.
5. 
The commission shall also consider the applicable zoning and other laws of the town.
C. 
In recommending approval of an application the commission may impose conditions which shall be binding upon the property. Prior to approving an application subject to conditions, the commission may notify the applicant of its proposed action to solicit his opinion. The concurring vote of three members of the board shall be necessary to make a determination in favor of the applicant on any application.
(Ord. 2009-05 § 2)
A. 
The planning, zoning and historical appropriateness commission shall review all applications in the Historical zones or Commercial zone for historical appropriateness, following the standards and processes outlined in Chapter 18.33 MTC (Historic Preservation). Upon the approval of an application by the planning, zoning and historical appropriateness commission, a certificate of appropriateness or permit for demolition or removal, as appropriate, shall be issued to the applicant. The certificate or permit shall state the nature of the approval and the date given. Following the certificate of appropriateness process, the case shall be reviewed for a building permit by the planning commission for recommendation to the board of trustees. The board of trustees will be the final decision for building permits in the Historical zones and Commercial zone.
B. 
In approving an application for historical appropriateness, the planning, zoning and historical appropriateness commission may impose conditions which, if the certificate of appropriateness is acted upon, shall be binding upon the applicant, the owner of the property and the owner’s successors in title. Prior to approving an application for historical appropriateness subject to conditions, the commission may notify the applicant of its proposed action and permit the applicant to express her/his opinion thereon. The conditions will be part of the subsequent building permit process.
C. 
Demolition Permit. If the commission recommends approval of an application for a permit for demolition, the commission shall forward its recommendation to the board of trustees.
(Ord. 2009-05 § 2)
A. 
Disapproval. In the case of disapproval of an application for a permit for demolition or removal, the commission shall issue a notice of its determination, dated and signed by its chairman to the applicant, detailing the reasons for its determination.
B. 
The commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color and similar factors before disapproving the application.
(Ord. 2009-05 § 2)
A. 
Any person or persons, or any board, tax-payer, or the town government aggrieved by any decision of the planning, zoning and historical appropriateness commission may appeal the commission decision. Appeals from a decision of the planning, zoning and historical appropriateness commission shall be made to the board of trustees by a written notice of appeal which shall be filed and dated in the town clerk-treasurer’s office within 20 days of the date of the decision of the planning, zoning and historical appropriateness commission. The town clerk-treasurer shall forth-with forward the notice of appeal to the mayor.
B. 
The board of trustees shall act to either confirm commission action or to overcome such action in conformance with the submitted appeal within 40 days after a notice of appeal is filed.
C. 
Action by the board of trustees shall be final and conclusive.
(Ord. 2009-05 § 2)
A. 
The board of trustees shall provide by resolution the procedure to be followed in considering appeals from planning, zoning and historical appropriateness commission action on planning and platting matters.
B. 
Any person, in interest, dissatisfied with any planning and platting order or determination by the planning, zoning and historical appropriateness commission may appeal to the board of trustees. An appeal shall be filed within 20 days of the decision of the planning commission and dated in the town clerk-treasurer’s office. The town clerk-treasurer shall forthwith forward the appeal to the board of trustees.
C. 
If the board of trustees determines that the order or determination or any part thereof of the planning, zoning and historical appropriateness commission is unlawful or unreasonable, the board of trustees may make any appropriate change in any such order or determination. The board of trustees shall act upon the appeal within 40 days after the notice of appeal was filed.
D. 
An appeal from the decision of the board of trustees may be appealed to the district court as provided by Section 3-19-8 NMSA 1978.
(Ord. 2009-05 § 2)
A. 
The board of trustees shall provide by resolution the procedure to be followed in considering appeals from planning, zoning and historical appropriateness commission action on zoning matters.
B. 
Any aggrieved person or any officer, department or board or bureau of the municipality affected by a zoning decision of the planning, zoning and historical appropriateness commission, or official or committee thereof, in the exercise of its zoning duties and powers may appeal to the board of trustees. An appeal shall be filed within 20 days of the decision of the planning commission and dated in the town clerk-treasurer’s office. The town clerk-treasurer shall forthwith forward the appeal to the board of trustees. An appeal shall stay all proceedings in furtherance of the action appealed unless the planning, zoning and historical appropriateness commission, or official or committee thereof, from whom the appeal is taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of district court after notice to the planning, zoning and historical appropriateness commission, or official or committee thereof, from whom the appeal is taken and on due cause shown.
C. 
If the board of trustees determines that the order or determination or any part thereof of the planning, zoning and historical appropriateness commission is unlawful or unreasonable, the board of trustees may make any appropriate change in any such order or determination. The board of trustees shall act upon the appeal within 40 days after the notice of appeal was filed.
D. 
When an appeal alleges that there is error in any order, requirement, decision or determination by the planning, zoning and historical appropriateness commission, or an official or committee thereof, in the exercise of its powers and duties, the board of trustees by a two-thirds vote of all of its members may:
1. 
Authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of the zoning ordinance or resolution:
a. 
Which are not contrary to the public interest;
b. 
Where, owing to special conditions, a literal enforcement of the zoning ordinance will result in unnecessary hardship; and
c. 
So that the spirit of the zoning ordinance is observed and substantial justice done; or
2. 
In conformity with Sections 3-21-1 through 3-21-14 NMSA 1978:
a. 
Reverse any order, requirement, decision or determination of the planning, zoning and historical appropriateness commission, or official or committee thereof;
b. 
Decide in favor of the appellant; or
c. 
Make any change in any order, requirement, decision, or determination of the planning, zoning and historical appropriateness commission, or official or committee thereof.
(Ord. 2009-05 § 2)