Title 2 ADMINISTRATION AND PERSONNEL*
Chapter 2.44 PLANNING-ZONING COMMISSION*
2.44.040 Powers and duties--Generally.
There are delegated to the planning-zoning commission the following
powers:
A. The power, authority, jurisdiction and duty to enforce and carry
out the provisions of law relating to planning, platting, zoning and
subdivision;
B. All other power, authority, jurisdiction and duty incidental
and necessary to carry out the purposes of Sections 3-19-1 through 3-19-12, and
3-21-1 through 3-21-26, New Mexico Statutes Annotated 1978;
C. To hold
public meetings and recommend changes, alterations or modifications of the areas
of the zoning districts established or to be established under the provisions of
the laws of the state of New Mexico or the ordinances of the city; and
D. To
recommend amendments, supplements, changes, modifications or repeals of
regulations, restrictions or boundaries established or to be established under
the provisions of this ordinance or the laws of the state of New
Mexico;
E. To vary or adjust the strict application of any of the
requirements of the zoning ordinances enacted by the city, in any case in which
such strict application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use of the land or
improvements involved. No variance from the strict application of any provision
of the applicable zoning ordinances shall be granted by the planning-zoning
commission unless it finds:
1. That there are special circumstances or
conditions fully described in the minutes and findings of the commission,
applying to the land or improvement for which the variance is sought, which
circumstances or conditions are peculiar to such land or improvement and do not
apply generally to land or improvements in the neighborhood and have not
resulted from any act of the applicant subsequent to the adoption of an
ordinance by the city, whether in violation of the provisions hereof or
not;
2. That for reasons fully set forth in the minutes and findings of the
commission, the aforesaid circumstances or conditions are such that the strict
application of the provisions of this title would deprive the applicant of the
reasonable use of such land or improvement, and the granting of the variance
would be necessary for the reasonable use of the land or improvement, and that
the variance recommended by the commission is the minimum variance that will
accomplish this purpose.
3. That the granting of the variance would be in
harmony with the general purpose and intent of the zoning ordinances of the
city, will not be injurious to the neighborhood or the property owners in the
neighborhood or otherwise detrimental to the public welfare. (Ord. 1305-87
§ 2 (part), 1987: Ord. 1268-85 § 4, 1985: Ord. 1086-77 § 1(part),
1977: prior code § 2-17(part)).
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