§ 29-01-070. Variances.

(a)

Definition. A variance is a dispensation permitted by the City of Alamogordo of the dimensional regulations of the "Code of Ordinances of the City of Alamogordo, New Mexico," where:

(1)

Such action will not be materially detrimental to the public interest; and

(2)

Such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and

(3)

Such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.

(b)

Authority. The city, after public notice and hearing, may approve variances to the provisions of the Code of Ordinances of the City of Alamogordo, New Mexico. Variances may be initiated by motion of the city commission; by petition of the owner or owners of the property to be affected; by petition of the owner or owners of the majority of the property to be affected; or by petition of one or more agents of the owner or owners of the property for which the variance is requested. Every such proposed variance should be considered by the city commission. In granting variances, the city commission may require such conditions as will, in its judgement, secure substantially the objectives of the regulations varied.

(c)

Notice and public hearing. A public hearing shall be held for each proposed variance. 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 first class mail to the owners, as shown by the records of the county treasurer, of land within the area for which the variance is requested and of land within two hundred (200) feet of the area for which the variance is requested exclusive of streets, alleys and other public rights-of-way.

(d)

Submission requirements. The applicant is required to submit to the city the following:

(1)

Completed application form together with support documentation; and

(2)

Applicable fees in accordance with section 2-01-030(h) of this Code.

(Ord. No. 838, § 1, 11-12-91; Ord. No. 953, § 1, 7-11-95; Ord. No. 1234, § 1, 3-22-05)