MapLink™ | Procedures | Notice Applications

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Notice Applications
Notice of Hearing.
Notice of a public hearing to be conducted by the Hearing Officer, Planning Commission, or the Board, shall be provided as described in the resolution adopted by the Board pursuant to the Open Meetings Act. Public hearings shall be conducted according to the Board’s rules of order. The name of the applicant and agent if any shall be stated in the notice.

General Notice of Applications Requiring a Public Hearing.
All applications not requiring specific notice under subsequent sections shall provide the following notice:

Newspaper.
Notice of hearing shall be published by the applicant in a newspaper of general circulation at least fifteen days (15) prior to the date of the hearing. The Administrator shall provide the form of the notice to the applicant.

First Class Mail.
Notice of the public hearing shall be mailed by the applicant by first class mail at least fifteen days (15) prior to the date of the hearing to the owners, as shown by the records of the County Assessor, of lots or of land within 500 feet of the subject property, excluding public rights-of-way. The Administrator shall provide the form of the notice to the applicant.

Posting.
Notice of the public hearing shall be posted by the applicant on the parcel at least fifteen (15) days prior to the date of the hearing. The notice to be posted shall be provided by the Administrator and shall be prominently posted on the property in such a way as to give reasonable notice to persons interested in the application. The notice shall be visible from a public road. If no part of the property or structure is visible from a public road, the property shall be posted as required in this paragraph and a second notice shall be posted on a public road nearest the property. Posted notice shall be removed no later than seven (7) days after a final decision has been made on the application.

Supplemental Notice.
Reasonable effort shall be made by the applicant to give notice by first class mail or e-mail, to all persons, COs and ROs who have made a written request to the Board for advance notice of its hearings. Notice shall also be given to any public agency that issued an opinion or withheld an opinion on the basis of insufficient information.

Verification.
Written verification of the publication, a list of persons sent a mailing, and an affidavit of posting which includes a photograph of the posted notice taken from a public road, shall be provided to the Administrator prior to the public hearing.

Specific Notice of Zoning, Rezoning, Amendment, Repeal.
Newspaper.
Notice of the public hearing concerning an application to zone a parcel or parcels, or to amend, rezone, supplement or repeal zoning on a parcel or parcel, shall be provided by the Administrator and published by the applicant in a newspaper of general circulation at least fifteen days prior to the date of the hearing.

Certified Mail.
Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be mailed by the applicant by certified mail, return receipt requested, to the owners, as shown by the records of the County Assessor at least fifteen days prior to the date of the hearing, of lots within the area proposed to be changed by the zoning regulation and within 100 feet of subject property, excluding public right-of-way.

First Class Mail.
Whenever an application proposes to zone a parcel, or to amend, rezone, supplement or repeal zoning of a parcel or parcels for an area of more than one block, notice of the public hearing shall be mailed by the applicant by first class mail to the owners, as shown by the records of the County Assessor at least fifteen days prior to the date of the hearing, of lots or of land within the area proposed to be changed by a zoning regulation and within 100 feet from subject property or area, excluding public rights-of-way. If notice by first class mail to the owner is returned undelivered, the applicant shall attempt to discover the owner’s most recent address and shall remit the notice by certified mail, return receipt requested, to that address.

Posting.
Whenever an application proposes to zone a parcel, or to amend, rezone, supplement or repeal zoning on a parcel or parcels for an area of more than one block, notice of the public hearing shall be posted on the parcel by the Applicant at least fifteen days prior to the date of the hearing. The notice to be posted shall be provided by the Administrator and shall be prominently posted on the property in such a way as to give reasonable notice to persons interested in the application. The notice shall be visible from a public road. If no part of the property or structure is visible from a public road, the property shall be posted as required in this paragraph and a second notice shall be posted on a public road nearest the property. A posted notice shall be removed by the Applicant no later than seven (7) days after a final decision has been made on the application.

Supplemental Notice.
Reasonable effort shall be made by the Applicant to give notice to all persons, COs and ROs who have made a written request to the Board for advance notice of its hearings. Notice shall also be given to any public agency that either issued an opinion or withheld an opinion on the basis of insufficient information.

Verification.
Written verification of the publication, list of persons sent a mailing, certificates of mailing with return receipts and affidavit of posting which includes a photograph of the posted notice shall be provided to the Administrator prior to the public hearing.
 
Specific Notice Applicable to Subdivisions.
Newspaper.
Notice of the hearing on an application for approval of a preliminary plat pursuant to NMSA 1978, section 47-6-14(A) shall be provided by the Administrator and shall be published by the applicant at least twenty-one (21) days prior to the hearing date. The notice of hearing shall include the subject of the hearing, the time and place of the hearing, the manner for interested persons to present their views, and the place and manner for interested persons to secure copies of any favorable or adverse opinion and of the developer’s proposal. The notice shall be published in a newspaper of general circulation in the county.

Posting.
Notice of the hearing on an application for approval of a preliminary plat pursuant to NMSA 1978, section 47-6-14(A), shall in addition to newspaper publication, be posted on the property at least fifteen (15) days prior to the date of the hearing. The notice to be posted shall be provided by the Administrator and shall be prominently posted on the property in such a way as to give reasonable notice to persons interested in the application. The notice shall be visible from a public road. If no part of the property or structure is visible from a public road, the notice on property shall be posted as required in this paragraph and a second notice shall be posted on a public road nearest the property. Posted Notice shall be removed no later than seven (7) days after a final decision has been made on the application.

Supplemental Notice.
Reasonable effort shall be made by applicant to give notice to all persons, COs and ROs who have made a written request to the Board for advance notice of its hearings. Notice shall also be given to any public agency that issued an opinion or withheld an opinion on the basis of insufficient information.

Verification.
Written verification of the publication, list of persons sent a mailing, and affidavit of posting which includes a photograph of the posted notice shall be provided to the Administrator prior to the public hearing.

Notice of Administrative Action.
Notice of a proposed land division, subdivision, multifamily or nonresidential use that is to be approved administratively shall provide the following notice:
 
Posting.
Notice of the pending application shall be posted on the parcel at least fifteen (15) days prior to the date of the approval of the application. The notice to be posted shall be provided by the Administrator and shall be prominently posted on the property in such a way as to give reasonable notice to persons interested in the application. The notice shall be visible from a public road. If no part of the property or structure is visible from a public road, the property notice shall be posted as required in this paragraph and a second notice shall be posted on a public road nearest the property. Posted notice shall be removed no later than seven (7) days after a final decision has been made on the application.

Notice of Issuance of a Development Permit.
Notice of issuance of a development permit shall be posted on the property for at least fifteen (15) days subsequent to the issuance of the permit except that a development permit for construction of a building shall remain posted during construction.

See § 4.6.8 Contents of Notice.

Constructive Notice.
Minor defects in public notice shall not invalidate proceedings so long as a bona fide attempt has been made to provide notice and that notice was constructively received. In all cases, however, the requirements for the timing of the notice and for specifying the date, time and place of a hearing and the location of the subject property shall be strictly construed. If questions arise regarding the adequacy of notice, the body conducting the hearing shall make a finding concerning compliance with the notice requirements of this Ordinance.

Action to Be Consistent with Notice.
The Administrator, Hearing Officer, Planning Commission or Board shall only take action, including approval, conditional approval or denial of the application that is consistent with and relates to the notice given.

See § 4.6.11 Minor Amendments Not Requiring Re-notification.

See § 4.6: NOTICE for complete, detailed information.