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Future street lines (building setback lines) are made and become effective upon any street, road or highway upon the date of approval by the City Council, following recommendations by the City Planning Commission of maps showing such lines.
('74 Code, § 8-8-3) (Ord. 728)
(A) If unnecessary hardships or results inconsistent with the general purpose of §§ 6-5-3-1 et seq. result through the strict and literal interpretations and enforcement hereof in relation to properties which, because of size, shape, location or other special circumstances might be unreasonably or inconsistently affected by the provisions of §§ 6-5-3-1 et seq., the City Planning Commission, upon a written application from the owner or owners of such property, shall have the authority, subject to the approval of the City Council, to grant a variance from the provisions of §§ 6-5-3-1 et seq. as may be in harmony with its general purpose and intent, so that the spirit of this ordinance shall be observed, public safety, convenience and welfare served and substantial justice done.
(B) If the granting of such a variance, in the opinion of the City Planning Commission could not assure full justice to such property and at the same time conserve the public safety, convenience and welfare, it shall be the duty of the City Planning Commission to recommend to the City Council, such alternative action as, in its opinion, is necessary to assure such ends.
(C) The granting of such variance or submitting such recommendation shall be subject to the following provisions:
(1) A public hearing shall be held for the purpose of considering any such application.
(2) Notice of such public hearing shall be given not less than ten days prior to the date of such public hearing. Notice shall be published one time in a newspaper of general circulation in Bernalillo County and such notice shall also be by postal card and addressed to the following:
(a) New Mexico State Highway Department, Santa Fe, New Mexico.
(b) City Engineer, City Hall, Albuquerque, New Mexico.
(c) Owners of all property within a radius of 200 feet of the site of the building, utility, or other installation involved in the application, using for the purpose the name and address of the last known owners as shown on the records of the County Assessor.
(3) Within, but not to exceed, 30 days following such public hearing, the City Planning Commission, shall, by resolution, recite in full its findings upon which it bases its approval or disapproval of such variance, or upon which it bases its alternative recommendation.
(4) A copy of such resolution containing the recommendations of the City Planning Commission shall be mailed to the applicant, using therefor, the address shown upon the written application. One copy of the resolution shall be delivered to the City Council. The City Council may approve or disapprove the recommendations of the City Planning Commission, or refer the recommendations back to the City Planning Commission for further consideration, the results of which shall be submitted to the City Council within ten days after the next regular meeting of the City Planning Commission.
('74 Code, § 8-8-4) (Ord. 728)
Cross-reference:
Environmental Planning Commission, see §§ 14-13-3-1 et seq.
Environmental Planning Commission, see §§ 14-13-3-1 et seq.
No zoning ordinance of the city [i.e., the Zoning regulations set forth in Chapter 14, Article 16 and any other applicable amendment thereof] now in effect, or subsequently passed, is to be construed as permitting future street lines (building setback lines) less than that provided herein; nor are §§ 6-5-3-1 et seq. to be construed as permitting a front yard setback line, or side yard setback line, less than may be provided in the said zoning ordinance.
('74 Code, § 8-8-5) (Ord. 728)
All officers and employees of the city authorized or required by law to issue permits, licenses, or other evidences of authority for the erection or locating of any building, structure or installation within the meaning of §§ 6-5-3-1 et seq. shall issue no such permit, license or other evidence contrary to the provisions of §§ 6-5-3-1 et seq. Any such permit, license, or evidence issued in conflict with the provisions of §§ 6-5-3-1 et seq. shall be null and void.
('74 Code, § 8-8-6) (Ord. 728)
(A) Except as herein otherwise provided, no water line or sewer line or water or sewer service shall be by the city extended to any piece or parcel of land upon which a building or structure is about to be erected or has been erected, except upon a proper showing by the applicant for such service of compliance with the provisions of §§ 6-5-3-1 et seq.
(B) Except as herein otherwise provided, no public utility company or public service company, person, firm or corporation shall, subsequent to the enactment of §§ 6-5-3-1 et seq., serve or service any parcel of land within the jurisdiction of the City Planning Commission with telephone service, electric service, gas service or other public utility service by extension of any line or facility to such parcel of land from any public street, alley or thoroughfare used by such public utility company, public service company, person, firm or corporation, except upon a proper showing by the applicant for service of compliance with the provisions of §§ 6-5-3-1 et seq.
(C) As used in the divisions (A) and (B) of this section, the term
PROPER SHOWING shall be construed to mean either of the following:
(1) A written statement signed by the Chairperson or the Planning Director of the City Planning Commission, to the effect that §§ 6-5-3-1 et seq. have been complied with as to the parcel of land for which service or building permit is sought, or else that §§ 6-5-3-1 et seq. are not applicable to said parcel; or
(2) The affidavit of the applicant for service, stating in unqualified terms either that §§ 6-5-3-1 et seq. have been properly complied with or else that §§ 6-5-3-1 et seq. are not applicable to the real estate for which service or building permit is sought and the reasons why §§ 6-5-3-1 et seq. are not applicable.
('74 Code, § 8-8-7) (Ord. 728)
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