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AN ACT

RELATING TO COUNTY OR MUNICIPAL ZONING; PROVIDING A ZONING

AUTHORITY WITH THE AUTHORITY TO APPROVE SPECIAL EXCEPTIONS

DURING THE APPEALS PROCESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-21-8 NMSA 1978 (being Laws 1965,

Chapter 300, Section 14-20-6, as amended) is amended to read:

"3-21-8. APPEALS TO ZONING AUTHORITY--GROUNDS--STAY OF

PROCEEDINGS.--

A. The zoning authority shall provide by

resolution the procedure to be followed in considering

appeals allowed by this section.

B. Any aggrieved person or any officer,

department, board or bureau of the zoning authority affected

by a decision of an administrative officer, commission or

committee in the enforcement of Sections 3-21-1 through

3-21-14 NMSA 1978 or ordinance, resolution, rule or

regulation adopted pursuant to these sections may appeal to

the zoning authority. An appeal shall stay all proceedings

in furtherance of the action appealed unless the officer,

commission or committee 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

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order of district court after notice to the official,

commission or committee from whom the appeal is taken and on

due cause shown.

C. When an appeal alleges that there is error in

any order, requirement, decision or determination by an

administrative official, commission or committee in the

enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or

any ordinance, resolution, rule or regulation adopted

pursuant to these sections, the zoning authority by a

majority vote of all its members may:

(1) authorize, in appropriate cases and

subject to appropriate conditions and safeguards, variances

or special exceptions from the terms of the zoning ordinance

or resolution:

(a) that 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;

(c) so that the spirit of the zoning

ordinance is observed and substantial justice done; and

(d) so that the goals and policies of

the comprehensive plan are implemented; or

(2) in conformity with Sections 3-21-1

through 3-21-14 NMSA 1978:

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(a) reverse any order, requirement,

decision or determination of an administrative official,

commission or committee;

(b) decide in favor of the appellant;

or

(c) make any change in any order,

requirement, decision or determination of an administrative

official, commission or committee."