A. Generally: The city planning and zoning commission shall make and adopt a master plan for the physical development of the city, including any areas outside of the boundary and within its planning jurisdiction which, in the judgment of the commission, bear relation to the planning of the city. The master plan, with accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations to the city council for physical development of the city; and may include, but is not limited to, the general location, character and extent of streets, bridges, viaducts, parks, parkways, playgrounds, airports, and other ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities or terminals; the general location, character, layout, and extent of community centers and neighborhood units; and the general character, extent and layout of the replanning of blighted districts and slum areas. The commission may from time to time amend, extend, or add to the plan or carry any part of the subject matter into greater detail. The commission shall make careful and comprehensive surveys and studies of existing conditions and probable future growth of the city and its environs, and the master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city which will best promote health, safety, morals, order, convenience, prosperity, or the general welfare, as well as efficiency and economy in the process of development of the city. (1996 Code § 2.20.050; amd. 2002 Code)
B. Adoption Procedures: The city planning and zoning commission may adopt the whole master plan by single resolution, or, during progress of the work on the plan, may from time to time, adopt a part or parts thereof; but in either case, the commission shall not take action before holding at least one public hearing, upon at least fifteen (15) days' advance notice of the time and place by publication in a legal newspaper of general circulation in the city. The adoption of the plan, in whole or in part, shall be by resolution carried by affirmative votes of not less than a majority of all the commission, and the resolution or resolutions shall refer expressly to the maps and other materials intended as the subject matter thereof. The action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the chairman and secretary of the city planning and zoning commission, and such plan or part thereof shall be certified to the city council. (1996 Code § 2.20.060; amd. 2002 Code)
C. Legal Status: Whenever the city planning and zoning commission shall have adopted the master plan, in whole or in part or parts, then and thenceforth no street, park or other public way, ground, place, or space, no public building or structure, no public utility, whether publicly or privately owned, the authorization or financing of which shall be within the province of the city council by law or charter provisions, if covered by the master plan or any adopted part thereof, shall be constructed or authorized in the city or within its planning jurisdiction until and unless the location and extent thereof shall have been submitted to and approved by the city planning and zoning commission; provided, that in case of either approval or disapproval by the city planning and zoning commission of the construction of such public way, ground, place, space, building, structure, or utility, the city council shall have power, by vote of not less than two-thirds (2/3) of its entire membership, to overrule the decision of the city planning and zoning commission, and upon such overruling, there shall be power for such construction to proceed. Such review of a decision or decisions of the city planning and zoning commission by the city council may be taken either upon the city council's own recognizance or upon the request of any aggrieved person in interest making timely appearance before the city council at a regular meeting of such body; provided further, that in either the case of the city council calling the city planning and zoning commission's decision up for review upon the council's own motion or the case of the city council reviewing a decision upon the request or motion of an aggrieved person, the city planning and zoning commission shall be given notice of the time and place when and where such review action will be taken and a reasonable opportunity to present the basis for the decision to be reviewed; provided further, that none of the provisions of this chapter shall apply to any existing building, structure, plant or other equipment owned or used by any public utility, or the right to its continued use, or the reasonable repair or alteration thereof for the purpose for which it was used at the time the master plan, or any part thereof, affecting such property, takes effect; and after the adoption of the plan, or part or parts thereof, as provided in this chapter, all extensions, betterments or additions to buildings, structures, plants, or other equipment of any such utility shall only be made in conformity with such plan and upon approval by the planning and zoning commission, subject to the review by the city council provided hereinabove, unless after public hearing first had, the New Mexico state corporation commission orders that such extensions, betterments, or additions may be made even though they conflict with the adopted master plan, or part or parts thereof. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for any street or other public way, ground, place, property, or structure shall be subject to similar submission and approval by the city planning and zoning commission, and the decision of approval or disapproval by the city planning and zoning commission may be similarly overruled by the city council. Failure of the city planning and zoning commission to act within sixty five (65) days from and after the date of official submission to it shall be deemed approval, unless a longer period is granted by the city council or other submitting official. (1996 Code § 2.20.070; amd. 2002 Code)