New Mexico § 67-13-11 - Appeals; grounds; stay of proceedings

§ 67-13-11. Appeals; grounds; stay of proceedings

A. The board shall provide, by resolution, the procedure to be followed in considering

appeals allowed by this section. A record shall be made of all proceedings. B. Any aggrieved person or any public body affected by a decision of an administrative

officer, in the enforcement of the Scenic Highway Zoning Act, or any ordinance, resolution,

rule or regulation adopted pursuant to these sections may appeal to the board. An appeal shall stay all proceedings in furtherance of the action appealed unless

the officer from whom the appeal is taken certifies that by reason of facts stated

in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of the board. C. When an appeal alleges that there is an error in any order, requirement, decision

or determination by an administrative official or any board in the enforcement of

the Scenic Highway Zoning Act or any ordinance, resolution, rule or regulation adopted

pursuant to these sections, the board, by a majority vote of the quorum present, may: (1) authorize, in appropriate cases and subject to appropriate conditions and safeguards,

special exceptions to the terms of the zoning ordinance or resolution: (a) which are not contrary to the public interest; (b) where, owing to special conditions, a literal enforcement of the zoning ordinance

will result in unnecessary hardship; and (c) so that the spirit of the zoning ordinance is observed and substantial justice

done; or (2) in conformity with the Scenic Highway Zoning Act: (a) reverse any order, requirement, decision or determination of an administrative

official; (b) decide in favor of the appellant; or (c) make any change in any order, requirement, decision or determination of an administrative

official.