(A) Establishment and organization.
(1) Pursuant to NMSA § 3-21-2, the City of Raton and the County of Colfax did enter into an agreement dated 2-2-1981, establishing extraterritorial zoning, an Extraterritorial Zoning Commission, and a Joint Municipal-County Zoning Authority which shall hereafter also be known as the Extraterritorial Zoning Authority.
(2) The Extraterritorial Zoning Authority shall consist of 2 Commissioners from the Board of Colfax County Commissioners and 1 member of the Raton City Commission.
(3) The members of the Extraterritorial Zoning Authority shall serve at the pleasure of the body appointing them.
(4) Members of the Extraterritorial Zoning Authority shall disqualify themselves from participation or voting on any matter which would result in substantial change in the value of their real estate interest, or the real estate interest of any person related to them, or would, in any other way, be a conflict of interest.
(B) Powers and duties. Pursuant to NMSA §§ 3-21-1 through 3-31-11, the Extraterritorial Zoning Authority receives certain powers and duties, including that to:
(1) Adopt and enforce this chapter;
(2) Hear and take appropriate action on variances and appeals; and
(3) Appoint a commission to administer this chapter and recommend action to the Extraterritorial Zoning Authority.
(C) Meetings.
(1) Meetings of the Extraterritorial Zoning Authority shall be held at the call of the Chairman, and at such other times as the Extraterritorial Zoning Authority may determine. The Extraterritorial Zoning Authority shall keep minutes of its proceedings showing the vote upon each question and shall keep records of its examination and other official actions, all of which shall be filed in the office of the Extraterritorial Zoning Enforcement Officer.
(2) Meetings of the Extraterritorial Zoning Authority shall be open to the public as required by state law, with the news media being properly notified.
(D) Appeals to the Extraterritorial Zoning Authority.
(1) The Extraterritorial Zoning Authority shall provide by resolution the procedure to be followed in considering appeals allowed by this section.
(2) Any aggrieved person or any officer, department, board or bureau of the Extraterritorial Zoning Authority affected by a decision of an administrative officer, commission or committee in the enforcement of NMSA §§ 3-21-1 through 3-21-14 or ordinance, resolution, rule or regulation adopted pursuant to these sections may appeal to the Extraterritorial Zoning Authority. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer, commission or committee from whom the appeal is taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of district court after notice to the official, commission or committee from whom the appeal is taken and a due cause shown.
(3) When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official, commission or committee in the enforcement of NMSA §§ 3-21-1 through 3-21-14 or any ordinance, resolution, rule or regulation adopted pursuant to these sections, the Extraterritorial Zoning Authority by a majority vote of all its members may:
(a) Authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of this chapter:
1. Which are not contrary to the public interest;
2. Where, owing to special conditions, a literal enforcement of this chapter will result in unnecessary hardships; and
3. So that the spirit of this chapter is observed and substantial justice done; or
(b) In conformity with NMSA §§ 3-21-1 through 3-21-14:
1. Reverse any order, requirement, decision or determination of an administrative official, commission or committee;
2. Decide in favor of the appellant; or
3. Make any change in any order, requirement, decision or determination of an administrative official, commission or committee.
(E) Variances.
(1) Every property owner within the extraterritorial zoning area shall have the right to apply to the Extraterritorial Zoning Authority for a variance from this chapter when the property owner can show an exceptional situation or condition relating to the property such that the strict enforcement of this chapter would constitute an unreasonable hardship upon the owner of such property.
(2) Prior to granting any variance from this chapter, the Extraterritorial Zoning Authority shall hold a public meeting and shall determine that:
(a) The granting of the variance will not be injurious to the public health, safety, morals, and general welfare of the community;
(b) The use or value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some conditions peculiar to the property involved and such condition is not due to the general conditions of the neighborhood;
(d) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; and
(e) The grant of the variance would be within the spirit, intent, purpose and general plan of this chapter. Absent a showing of extreme hardship or a complete loss of any financial benefit in the property, the Extraterritorial Zoning Authority shall not approve a request for a variance where the applicant purchased the property after the effective date of this chapter and the condition requiring the variance was in existence at the time of the purchase.
(3) The Extraterritorial Zoning Authority shall by resolution adopt and set forth the procedures to be followed on all variance applications.
(4) Following the denial of any application for a variance from this chapter, the applicant for the variance shall not reapply to the Extraterritorial Zoning Authority for the same variance on the same property for a period of 1 year. This restriction on reapplying for a variance from this chapter does not in any way limit or restrict the right of the applicant to appeal the denial by the Extraterritorial Zoning Authority of his or her request for a variance to the District Court, said procedure for appeal as hereinafter set forth.
(F) Appeals to district court. Any person aggrieved by a decision of the Extraterritorial Zoning Authority or any officer, department, board or bureau of the Extraterritorial Zoning Authority may present to the district court a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of illegality. The petition shall be presented to the court within 30 days after the decision is entered in the records of the Clerk of the Extraterritorial Zoning Authority.
(Ord. 81-1, passed 7-10-1981)