(A) Determination. The provisions of this chapter shall be determined by the Extraterritorial Zoning Commission and adopted by the Extraterritorial Zoning Authority.
(B) Establishment. This chapter is enacted to establish and carry into effect the several powers, duties and privileges conferred upon the City of Raton and Colfax County, in, under, and by Act of the New Mexico State Legislature, known as NMSA §§ 3-21-1 through 3-21-14, both inclusive.
(C) Official zoning map.
(1) The official Raton-Colfax County extraterritorial zoning map, together with all explanatory matter thereon, are hereby adopted by reference and declared to be an official record and a part of these zoning regulations.
(2) Said maps shall be identified as such by the signature of the Chairman of the Raton-Colfax County Extraterritorial Zoning Authority and attested by the Secretary of the Extraterritorial Zoning Authority.
(3) Whenever amendments or changes are made in zoning district boundaries, such amendments or changes shall be made promptly on the official zoning map.
(4) The official zoning map shall be maintained on file in the offices of the City Clerk and County Clerk.
(D) Enforcement authority.
(1) This chapter shall be enforced by the Raton-Colfax County Extraterritorial Zoning Authority.
(2) In addition, if any building or structure is erected, constructed, reconstructed, altered, converted, or maintained; or any building, structure or land is used in violation of NMSA §§ 3-21-1 through 3-21-14 or this chapter, the Extraterritorial Zoning Authority may institute any appropriate action or proceedings to:
(a) Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
(b) Restrain, correct or abate the violation;
(c) Prevent the occupancy of such building, structure, or land; or
(d) Prevent any illegal act, conduct, business, or use in or about such premises.
(E) Enforcement jurisdiction. This chapter may be enforced by prosecution for violation in any court of competent jurisdiction of Colfax County.
(F) Violations. Any person, firm or corporation violating any of the provision of this chapter, after 10 days’ written notice of violation mailed to the last known address of the property owner, shall upon conviction be punishable by a fine not exceeding $300 or imprisonment in the county jail not to exceed 90 days, or both such fine and imprisonment. Each day’s violation shall be considered a separate offense.
(G) Amendments and changes. In amending the number, shape, boundary or area of any district or any regulations pertaining to any district, or any article or section of this chapter, the procedure shall be as follows:
(1) A zoning amendment may be proposed by the Raton-Colfax County Zoning Authority, the Raton-Colfax County Extraterritorial Zoning Commission, or by a real property owner in the area to be included in the proposed amendment.
(2) Application for a requested amendment, including applications for variances and special use permits, shall be made in writing to the Extraterritorial Zoning Enforcement Officer upon the prescribed forms at least 7 calendar days before a regular Extraterritorial Zoning Commission meeting at which time plans for a public hearing will be made.
(3) An amendment may become effective only after a public hearing at which all parties and citizens shall have an opportunity to be heard. In scheduling a public hearing, the Extraterritorial Zoning Commission shall cause to be published 1 notice in a newspaper of general circulation within the jurisdiction of the Zoning Authority at least 15 days prior thereto, which notice shall state the time, date and place of hearing. Whenever a change in zoning is proposed for an area of 1 block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the County Treasurer, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulations. Whenever a change in zoning is proposed for an area of more than 1 block, notice of the public hearing shall be mailed by first class mail to the owners, as shown by the records of the County Treasurer, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. If the notice by first class mail to the owner is returned undelivered, the Zoning Authority shall attempt to discover the owner’s most recent address and shall re-mail the notice by certified mail, return receipt requested, to that address.
(4) If the owners of 20% or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a two-thirds vote of all the members of the Extraterritorial Zoning Authority.
(5) Where applicable, the application to amend shall include an accurate site plan showing location and dimensions of all existing and proposed improvements to the property, and any related information required by the Extraterritorial Zoning Enforcement Officer. Following the date established for public hearing on any proposed amendment, the Extraterritorial Zoning Commission may refuse to accept another application for the same amendment for a period of 1 year.
(6) The Extraterritorial Zoning Authority shall establish a schedule of fees, charges and a collection procedure for amendments, special use permits, variances, use permits, and other matters pertaining to these regulations. This schedule of fees shall be posted in the offices of the County Clerk and the City Clerk and may be altered or amended only by the Extraterritorial Zoning Authority.
(Ord. 81-1, passed 7-10-1981)