§ 2.44.040. Powers and duties—Generally.

There are delegated to the planning-zoning commission the following powers:

A.

The power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting, zoning and subdivision;

B.

All other power, authority, jurisdiction and duty incidental and necessary to carry out the purposes of Sections 3-19-1 through 3-19-12, and 3-21-1 through 3-21-26, New Mexico Statutes Annotated 1978;

C.

To hold public meetings and recommend changes, alterations or modifications of the areas of the zoning districts established or to be established under the provisions of the laws of the state of New Mexico or the ordinances of the city; and

D.

To recommend amendments, supplements, changes, modifications or repeals of regulations, restrictions or boundaries established or to be established under the provisions of this ordinance or the laws of the state of New Mexico;

E.

To vary or adjust the strict application of any of the requirements of the zoning ordinances enacted by the city, in any case in which such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or improvements involved. No variance from the strict application of any provision of the applicable zoning ordinances shall be granted by the planning-zoning commission unless it finds:

1.

That there are special circumstances or conditions fully described in the minutes and findings of the commission, applying to the land or improvement for which the variance is sought, which circumstances or conditions are peculiar to such land or improvement and do not apply generally to land or improvements in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of an ordinance by the city, whether in violation of the provisions hereof or not;

2.

That for reasons fully set forth in the minutes and findings of the commission, the aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of such land or improvement, and the granting of the variance would be necessary for the reasonable use of the land or improvement, and that the variance recommended by the commission is the minimum variance that will accomplish this purpose.

3.

That the granting of the variance would be in harmony with the general purpose and intent of the zoning ordinances of the city, will not be injurious to the neighborhood or the property owners in the neighborhood or otherwise detrimental to the public welfare.

(Ord. 1305-87 § 2 (part), 1987: Ord. 1268-85 § 4, 1985: Ord. 1086-77 § 1(part), 1977: prior code § 2-17(part)).