[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.]
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:
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.
