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 Alamogordo
 Code of Ordinances
 Chapter 29. ZONING
 Article 29-01. PROVISIONS

  § 29-01-020. Amendments and changes.  

Latest version.

  • (a)

    Petition for amendment. From time to time, the city, after public notice and hearing, may amend the zoning regulations and established districts. Amendment may be initiated by motion of the city commission; by petition of the owner or owners of the property to be affected; or by petition of one (1) or more agents, designated in an acknowledged power of attorney, of the owner or owners of the property to be affected. Every such proposed amendment shall be considered by the planning and zoning commission before being considered by the city commission.

    (b)

    Notice and public hearing. A public hearing shall be held for each proposed amendment to the zoning districts. At least fifteen (15) days' notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the city. Notice of the public hearing shall also be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county treasurer, of land within the area to be rezoned and of land within two hundred (200) feet of the area to be rezoned. Streets, alleys and other public rights-of-way shall be excluded in calculating the protest area.

    (c)

    Extraordinary majority vote required. An affirmative vote by a majority of all the members of the city commission shall be required to pass an amendment to any zoning district under the following circumstances:

    (1)

    If the planning and zoning commission has voted to recommend the denial of the rezoning;

    (2)

    If written protest, signed by owners of twenty (20) percent of the land (exclusive of streets, alleys and other public rights-of-way) in the area to be rezoned, is filed against the proposal; or

    (3)

    If written protest, signed by owners of twenty (20) percent of the land (exclusive of streets, alleys and other public rights-of-way) within two hundred (200) feet of the area to be rezoned, is filed against the proposal.

(Code 1960, § 11-15-2; Ord. No. 548, 9-4-76; Ord. No. 781, 2-13-90; Ord. 864 § 1; Ord. No. 1234, § 1, 3-22-05)