Chapter 18.90
AMENDMENTS, SUPPLEMENTS OR REPEALS
Sections:
18.90.010 Ordinance may be amended, supplemented or repealed.
18.90.020 Initiation of amendments, supplements or repeals.
18.90.030 Application for amendment, supplement or repeal, filing fee.
18.90.040 Commission to hold hearings.
18.90.080 Commission establishes own rules.
18.90.090 Hearings may be continued.
18.90.100 Commission shall announce findings.
18.90.110 Adoption of resolution requires minimum affirmative vote.
18.90.120 Notice of commission’s decision when approving.
18.90.130 Notice of decision of commission when denying application.
18.90.140 Commission action shall be final, when denying application.
18.90.150 Transmission of commission’s record to board of trustees.
18.90.170 Decision of board of trustees.
18.90.010 Ordinance may be amended, supplemented or repealed.
Any section of this title, including the zoning map which defines the zoning classification of all property within Mesilla, may be amended, supplemented or repealed in part or in its entirety, whenever public necessity, convenience, and general welfare require. [Ord. 94-06 § 1; prior code § 11-2-10.1]
18.90.020 Initiation of amendments, supplements or repeals.
Amendments, supplements or repeals of any portion or all of this title may be initiated by:
A. Application of one or more owners of property/properties.
B. The planning and zoning commission.
C. The board of trustees or its staff. [Ord. 94-06 § 1; prior code § 11-2-10.2]
18.90.030 Application for amendment, supplement or repeal, filing fee.
A. Whenever the property owner(s) desires an amendment or supplement or desires a repeal of any portion of this ordinance affecting his/her property, he/she shall file with the Mesilla town clerk-treasurer an application directed to the planning and zoning commission requesting amendment, supplement or repeal. The application shall be in duplicate and shall be accompanied by a filing fee of $350.00 or $25.00 an acre, whichever is greater, with a maximum of $800.00, payable to the town of Mesilla. Payment of the filing fee shall not be construed in any way to be approval of the change. The filing fee is nonrefundable.
B. Additional Fees for Unusual Circumstances. Where additional review by the town of Mesilla is required due to complex, unforeseen and unique circumstances relating to the proposed amendment, supplement, or repeal, such as consultant fees for engineering or legal services, then the town may charge an additional review fee to defray the cost of such review. Review fees shall be only for professional services rendered to the town. When an additional fee is deemed necessary, the fee shall be arrived at between the town clerk-treasurer and the applicant.
C. Whenever an amendment, supplement, or repeal of any portion of this ordinance is proposed by the planning, zoning, and historical appropriateness commission or board of trustees, a public hearing shall be scheduled and advertised. [Ord. 2004-03 § 7; Ord. 94-06 § 1; prior code § 11-2-10.3]
18.90.040 Commission to hold hearings.
Upon initiation of an application for amendment, supplement, or repeal the planning and zoning commission shall hold a public hearing. [Ord. 94-06 § 1; prior code § 11-2-10.4]
18.90.050 Setting hearings.
The date of the hearing shall be not less than 15 days, nor more than 40 days from the time of the filing of the application. [Ord. 94-06 § 1; prior code § 11-2-10.5]
18.90.060 Notices.
Notices of time and place of public hearings shall be given in the following manner:
A. By posting one sign in front of the property, and the posting of additional signs at 300-foot intervals for large properties of more than 600 feet frontage. Signs shall be posted at least 15 days prior to the first public hearing before the planning commission and shall contain the following information:
1. “Notice of Hearing Petition to Rezone Property,” or “Notice of Hearing Petition to Supplement Zoning Ordinance,” or “Notice of Hearing Petition to Repeal Zoning Ordinance or a Portion Thereof,” whichever heading is appropriate, and shall be in letters two inches or more in height.
2. The sign shall also contain a brief description of the property involved, a sketch showing the general location of the property, the zone changes which are requested, of the supplement or repeal requested, and the time and place at which a public hearing before the planning and zoning commission will be held.
B. Whenever a change in zoning is proposed, 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 assessor, of lots or land within 100 feet of the area proposed to be changed by the zoning regulation excluding public right-of-way. [Ord. 94-06 § 1; prior code § 11-2-10.6]
18.90.070 Investigation.
The planning and zoning commission shall require by its own members or staff investigation of facts about an application set for hearing, including an analysis of possible precedent cases to provide all necessary information consistent with the purpose of this title and with previous amendments, supplements, variances, or repeals. [Ord. 94-06 § 1; prior code § 11-2-10.7]
18.90.080 Commission establishes own rules.
The planning commission may establish rules for the conduct of public hearings. The chairman of the planning commission is empowered to administer oaths to all persons testifying at a hearing. [Ord. 94-06 § 1; prior code § 11-2-10.8]
18.90.090 Hearings may be continued.
If testimony at a public hearing cannot be completed on the day set for the hearing, the chair shall, before recessing, announce the time and place for the continued hearing and no further notice shall be required. [Ord. 94-06 § 1; prior code § 11-2-10.9]
18.90.100 Commission shall announce findings.
The planning commission shall announce its findings by resolution within 40 days following the final hearing on any application. The resolution shall state the facts and reasons which make the approval or denial of the application necessary to carry out the general purposes of this title, and shall recommend to the board of trustees that an amendment, supplement, or repeal, in whole or in part, to this title be adopted, or that the application be denied. [Ord. 94-06 § 1; prior code § 11-2-10.10]
18.90.110 Adoption of resolution requires minimum affirmative vote.
If the planning commission adopts a resolution recommending to the board of trustees that a proposed change of zone be approved, the resolution shall be adopted by a two-thirds vote of the total commission. [Ord. 94-06 § 1; prior code § 11-2-10.11]
18.90.120 Notice of commission’s decision when approving.
When the commission recommends the adoption of an amendment, supplement, or repeal to this title, the commission shall, within seven days forward a copy of the resolution to the applicant at the address shown on the application, and shall forward to the board of trustees a copy of the resolution, with the complete file in the case. [Ord. 94-06 § 1; prior code § 11-2-10.12]
18.90.130 Notice of decision of commission when denying application.
When the action of the commission is to deny an application, the commission shall, within seven days, notify the applicant at the address shown upon the application. [Ord. 94-06 § 1; prior code § 11-2-10.13]
18.90.140 Commission action shall be final, when denying application.
The action of the planning commission in denying an application for amendment, supplement, or repeal shall be final unless, within 20 days following the date of decision by the planning commission, an appeal in writing is filed with the town clerk-treasurer. [Ord. 94-06 § 1; prior code § 11-2-10.14]
18.90.150 Transmission of commission’s record to board of trustees.
Upon receipt of a written appeal the town clerk-treasurer shall transmit the planning commission’s complete record of the case to the board of trustees. [Ord. 94-06 § 1; prior code § 11-2-10.15]
18.90.160 Board of trustees to hold public hearing on commission’s recommendations on proposed amendment, supplement or repeal.
Within 40 days following the filing of a written appeal from an order of the commission denying an application for the amendment of this title the board of trustees shall conduct a public hearing with public notice at least 15 days prior to the hearing. [Ord. 94-06 § 1; prior code § 11-2-10.16]
18.90.170 Decision of board of trustees.
Any amendment, supplement or repeal of any portion of this title must be approved, after all hearings, by the affirmative vote of at least three trustees. [Ord. 94-06 § 1; prior code § 11-2-10.17]