City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 78, Art. II, §§ 78-36 through 78-39, of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 200.
Streets and sidewalks — See Ch. 290.
Subdivision of land — See Ch. 294.
Water and sewers — See Ch. 311.
Zoning — See Ch. 350.
A. 
It shall be the function and duty of the Planning Commission to make and approve a Master Plan for the physical development of the municipality, including any areas outside of the corporate limits and within the planning and platting jurisdiction of the City as determined by the laws of the state, which in the Commission's judgment bear relation to the planning of the municipality.
B. 
The Master Plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the Commission's recommendations to the City Council for such physical development, and may include, among other things, the general location, character, and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports, and other ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether privately or publicly owned, for water, light, power, heat, sanitation, transportation, communication and other purposes; the acceptance, widening, abandonment or change of use of any of such public ways, grounds, places, spaces, buildings, properties, utilities or terminals; the general location, character, layout and extent of community centers, and neighborhood units; and the general character, extent and layout of the replanning of blighted districts and slum areas.
C. 
The Commission may from time to time recommend an amendment, extension or addition to the Master Plan or may recommend that any part or subject matter be carried into greater detail.
In the preparation of the Master Plan the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity, character, or the general welfare, as well as the efficiency and economy in the process of development.
The Commission may approve the adoption of the Master Plan as a whole by a single resolution, or, as the work of making the Master Plan progresses, may from time to time adopt parts of the Master Plan, any such parts to correspond generally with one or more of the functional subdivisions of the subject matter of the plan; provided, however, that before the adoption of the Master Plan or part of the Master Plan, the Commission and the City Council shall hold at least one public hearing, notice of the time and place of which shall be given at least 15 days in advance by publication in a newspaper having general circulation in the community. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of the members of the Planning Commission, subject to the approval of the City Council. The resolution shall refer expressly to the maps, descriptive and other matters intended by the Commission to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part of the plan by the identifying signatures of the members of the Commission and by the Mayor and attested by the Municipal Clerk.
A. 
After a Master Plan or any part of the Master Plan has been approved, and within the area of the Master Plan or any part so approved, the approval of the Planning Commission is necessary to construct, authorize, accept, widen, narrow, remove, extend, relocate, vacate, abandon, acquire or change the use of any:
(1) 
Park, street or other public way, ground, place or space;
(2) 
Public building or structure; or
(3) 
Utility, whether publicly or privately owned.
B. 
The failure of the Planning Commission to act within 65 days after the submission of a proposal to it constitutes approval of the proposal unless the proponent agrees to an extension of time. If the Planning Commission disapproves a proposal, it must state its reasons to the City Council. The City Council may overrule the Planning Commission and approve the proposal by a two-thirds vote of all its members.
C. 
None of the provisions of NMSA 1978, Ch. 3, Art. 19 (NMSA 1978, § 3-19-1 et seq.), shall apply to any existing building, structure, plant or other equipment owned or used by any public utility or the right to its continued use or its reasonable repair or alteration for the purpose for which it was used at the time the Master Plan or any part of the Master Plan affecting the property takes effect. After the adoption of the Master Plan or any part of the Master Plan affecting the property, all extensions, betterments or additions to buildings, structures, plants or other equipment of any public utility shall be made in conformity with the Master Plan or any part of the Master Plan affecting the property and upon the approval of the Planning Commission. After a public hearing, the State Corporation Commission or the State Public Service Commission, or the regulatory agency having jurisdiction, or their successors having jurisdiction as the case may be, may order that the extensions, betterments or additions to buildings, structures, plants or other equipment are reasonable and that the extensions, betterments or additions may be made even though they conflict with the adopted Master Plan or any part of the Master Plan affecting the property.
D. 
Any public agency or official not under the jurisdiction of the City Council authorizing or financing a public way, ground, place, space, building, structure or utility shall submit the proposal to the Planning Commission. If the Planning Commission disapproves the proposal, the board of the public agency, by a two-thirds vote of all its members, or the official may overrule the Planning Commission and proceed with the proposal, subject to the provisions of Subsection C of this section.