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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
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17.08.060   Planning and zoning commission-Appeals hearing.
   A.   The city planning and zoning commission shall act in an advisory capacity to the board of appeals in any appeal taken under the provisions of this title, but shall exercise no judicial or legislative authority in so doing. For that purpose it shall be the duty of the commission to hold an open hearing on all matters appealed to the board of appeals in advance of the hearing by the board. Each party to the appeal shall be given three days' notice in writing of such hearing.
   B.   It shall be the duty of the building inspector to present a statement of the controversy being appealed to the commission.
   C.   Any person who is a party to the appeal and any officer, department, board or bureau of the city affected by the decision appealed shall have the right to be heard before the planning and zoning commission.
   D.   The city planning and zoning commission shall have the power to promulgate rules and regulations governing hearings held by it under this chapter. At the conclusion of the hearing the planning and zoning commission shall, by a majority vote, recommend to the board of appeals that the action appealed from either be sustained, reversed or reversed in part. Such recommendation shall be advisory only and may be considered by the board of appeals in considering the appeal, but shall not be binding upon it.
   E.   Nothing contained in this section shall prevent the board of appeals from hearing and determining any appeal taken under this title without having received the recommendation of the city planning and zoning commission, if a report by the commission has not been submitted to the board within fifteen days from filing of the notice of appeal as provided in subsection A of this section. (Prior code § 11-3-9 (e)(2-5))
17.08.070   Permit-Required.
   It is unlawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a formal permit. (Prior code § 11-3-10 (a))
17.08.080   Permit-Application.
   A.   An application for a permit shall be submitted in such form as the building inspector may prescribe.
   B.   Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application.
   C.   Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers.
   D.   Such application shall describe briefly the proposed work and shall give such additional information as may be required by the building inspector for an intelligent understanding of the proposed work.
   E.   Application for permit shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structure details, as the building inspector may require.
   F.   There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale with all dimensions figured, showing accurately the size and exact location of all proposed new construction, or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings and structures that are to remain.
   G.   Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendment, after approval, shall be filed with and be deemed a part of the original application.
   H.   Nothing in this section shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun on or before May 12, 1971 and which entire building shall be completed, as authorized, within two years thereafter. (Prior code § 11-3-10 (b-f))
17.08.090   Application-Timely action on.
   It shall be the duty of the building inspector, to examine applications for permits, within a reasonable time after filing. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his findings in a report to be attached to the application and delivering a copy to the applicant. (Prior code § 11-3-10 (g))
17.08.100   Application-Approval in part.
   Nothing in this chapter shall be construed to prevent the building inspector from issuing a permit for the construction of a part of a building or structure before the entire plans and detailed statements of the building or structure have been submitted or approved, if adequate plans and detailed statements have been found to comply with this title. (Prior code § 11-3-10 (h))
17.08.110   Permit-Conditions.
   A.   All work performed under a permit issued by the building inspector shall conform to the approved application and plans, and approved amendments thereof.
   B.   The location of all new construction as shown on the approved plot diagram or an approved amendment thereof, shall be strictly adhered to.
   C.   It is unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. (Prior code § 11-3-10 (i))
17.08.120   Permit-Building inspector's signature required.
   Every permit issued by the building inspector under the provisions of this chapter shall have his signature affixed thereto; but, this shall not prevent him from authorizing a subordinate to affix such signature. (Prior code § 11-3-10 (j))
17.08.130   Permit-Expiration by limitation.
   A permit under which no work is commenced within one year after issuance shall expire by limitation. (Prior code § 11-3-10 (k))
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