TITLE 2
BOARDS AND COMMISSIONS
BOARDS AND COMMISSIONS
SECTION:
2-1-1: Membership; Appointment; Terms of Office; and Removal From Office
2-1-2: Powers and Duties
2-1-3: Organization and Meetings
2-1-4: Appeals
Notes
| 1 | 1. See Title 10, Chapter 3 of this Code, Zoning Board of Adjustment consists of Planning and Zoning Commission members. |
A. The Commission shall consist of seven (7) members who shall be appointed by the Mayor with the consent of the City Council. Members shall be residents of the planning and platting jurisdiction of the City. The two (2) members may be drawn from the City's urbanized territory or from business owners who have a business in the City but do not reside in the City.
B. On the first Commission, a majority of the members shall be appointed for one- (1) year terms and the balance of the members shall be appointed for two- (2) year terms. Each subsequent term of a member on the Commission shall be for two (2) years or less in order to maintain the original staggering of terms of membership. A vacancy in the membership of the Commission shall be filled for the remainder of the unexpired term.
C. After a public hearing and for cause stated in writing and made part of the public record, the Mayor with the approval of the City Council may remove a member of the Commission. (Ord. 2016-1, 4-19-2016)
The Commission shall have such powers and duties as are necessary to:
A. Fulfill and perform its functions, promote municipal planning, and carry out the purposes of NMSA 1978, §§ 3-19-1 through 3-19-12, as amended, which Sections are hereby incorporated by reference and made a part of this Chapter; and,
B. Promulgate and enforce regulations governing the subdivision of land within the planning and platting jurisdiction of the City as provided by NMSA § 3-196 and §§ 3-20-1 through 3-20-16, as amended, which Sections are hereby incorporated by reference and made a part of this Chapter; and,
C. To promulgate and enforce regulations governing zoning within the platting and planning jurisdiction of the City as provided in NMSA 1978 §§ 3-21-1 through 3-21-11, as amended, which Sections are hereby incorporated by reference and made a part of this Chapter; and,
D. Perform such other functions as the City Council may from time to time grant to the Commission for the purpose of promoting health, safety, moral or general welfare of the City. (Ord. 2016-1, 4-19-2016)
The following rules and regulations shall apply to:
A. Officers: The Commission shall elect one (1) of its members as chairman for a one (1) year term, and create and fill any other offices as it may deem appropriate.
B. Conduct of Business: The Commission shall adopt and publish such rules and regulations for the conduct of business as it deems appropriate.
C. Meetings: The Commission shall hold regularly scheduled meetings at least once a month. All meetings shall be held in accordance with the New Mexico Open Meetings Act.
D. Quorum: A quorum of the Commission shall be a majority of its members.
E. Records: A public record shall be kept of all transactions, findings, resolutions, determinations and actions of the Commission. All public records shall be open to inspection as provided by the Inspection of Public Records Act.
F. Reports: The Commission shall submit to the City Council at its regular monthly meeting a copy of the minutes of its monthly meetings.
G. Conflict of Interest: A Commission member having any potential conflict of interest on any policy, decision, or determination before the Commission shall disclose to each of the other members the nature of his potential conflict as provided by NMSA § 3-10-5, as amended, and by the New Mexico Government Conduct Act. The Disclosure shall be recorded in the Commission's minutes.
H. Penalty: Failure to disclose a conflict of interest shall be punishable by a fine not exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days or both a fine and imprisonment. (Ord. 2016-1, 4-19-2016)
A. A person aggrieved by any decision of the Planning and Zoning Commission shall have the right to appeal the decision of the Planning and Zoning Commission to the City Council no later than twenty (20) days after the decision. The notice shall be filed with the Chairperson of the Commission and the Mayor of the City of Sunland Park. The notice shall specify the grounds for the appeal and the relief requested. Upon receipt of the notice, the Commission shall submit the record of the proceedings being appealed to the City Clerk.
B. A person aggrieved by the determination of the City Council after its review of the Planning and Zoning Commission's decision may appeal the City Council's decision to the Third Judicial District Court as allowed by NMSA § 39-1-1.1.
C. The City Council may determine it is necessary to form a Board of Adjustment to hear appeals from the Planning and Zoning Commission. In the event of such a determination, the City Council shall adopt an ordinance delegating its authority to hear appeals from the Planning and Zoning Commission to the Board of Adjustment. (Ord. 2016-1, 4-19-2016)