Chapter 18.20 ZONING COMMISSION

Chapter 18.20
ZONING COMMISSION

Sections:

18.20.010 Zoning commission provided for.

The mayor and council of the Village of Cimarron, New Mexico, may appoint a zoning commission to consist of not more than five members who are residents of said Village and property owners therein, for terms of two years, said terms to coincide with the term of the said mayor, and whose duties shall be to study the needs of the inhabitants of said Village as the said zoning plan applied to them and to recommend, from time to time, that the mayor and council make such changes in the said zoning plan as may seem appropriate. Also, the mayor, with the consent of the village council, may delegate to the said zoning commission the duty of supervising any construction or alteration being done under a permit from said village council, as well as to report to said mayor and council any misuse or improper use being made of any premises or lands within the said Village, and may undertake such other duties as may be assigned to said zoning commission by the mayor and council in the furtherance of the provisions of this title. [Ord. 70 § 21, 1957].

18.20.020 Appeal.

The mayor and council shall have the power to sit for the hearing and decision of appeals, where it is alleged there is error in an order, requirement, decision or determination by any administrative official of said Village of Cimarron, in the enforcement of this title, or any ordinance, resolution, rule or regulation adopted pursuant to the same; said mayor and council shall have power to authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of the ordinance such as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done; and in exercising the above-mentioned powers, said governing body may reverse or affirm, wholly or partly, the order, requirement, decision or determination appealed from, and may make the order, requirement, decision or determination sought to be made, and to that end shall have all the powers of the officer, commission or committee from which the appeal was taken, providing the concurring vote of two-thirds of all the members of said village council shall be required to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass, under this title, or to effect any variation or special exception to the terms hereof. The appeals provided for in this section may be taken by any person aggrieved, or by any officer, department, board or bureau of the municipality affected by any decision by any administrative officer, commission or committee in the enforcement of this title or any rule or regulation adopted pursuant to the same. Such an appeal, when taken, shall stay all proceedings in furtherance of the action appealed from, unless the officer, commission or committee from whom the appeal is taken shall certify that by reason of the facts stated in his/her, or its, certificate, a stay would cause imminent peril of life or property. In such cases the proceedings shall not be stayed except by an order of a court of competent jurisdiction, after notice to the official, commission or committee from whom the appeal is taken and on due cause shown. [Amended during 2014 codification; Ord. 70 § 22, 1957].

18.20.030 Provision for amendment.

Such regulations, restrictions, and zone boundaries as are provided for by this title may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, modification or repeal, signed by the owners of 20 percent or more, either of the area of the lots and lands included in such proposed change or those immediately adjacent in the rear thereof extending 100 feet therefrom, or those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the village council and then only after 15 days’ public notice, published in a legal paper of Colfax County, of a public hearing to be held for the purpose of hearing and considering the protests of all interested persons. [Ord. 70 § 23, 1957].