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- An appeal is a request to the Board of County Commission to review a decision that was made by the Zoning Administrator or County Planning Commission.
- An individual can file an appeal when:
-the individual disagrees with the ruling made;
-the individual opposes the scope of work being done; or
-the individual feels the scope of work would have adverse effects on the neighborhood/surrounding
- Bernalillo County’s ordinances, code, and policies mandate that proposed development follow a review and approval process. The Zoning Administrator and the County Planning Commission’s decision can be appealed to the Bernalillo County Board of Commissioners (BCC). Any person can appeal any staff or commission decision as long as the appeal deadlines are met and appropriate fees are paid. All decisions can be ultimately appealed to a judicial review (District Court).
- There are two major appeal bodies with the County’s process, the Board of Adjustment/County Planning Commission (BA/CPC), and the Board of County Commissioners (BCC).
- Extraordinary majority vote
APPEALS TO THE BOARD OF COUNTY COMMISSIONERS
- The Board of County Commissioners shall sustain the recommendation of the Board of Adjustment or the County Planning Commission without modification unless the recommendation is appealed.
- Written application for appeal (either approval or denial) must be submitted to the Board of County Commissioners by 12p.m., within fifteen (15) days of the written determination.
- The BCC shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to any interested party who has requested in writing to be so notified.
- Any such decision by the BCC shall, in all instances, be the final administrative decision and shall be subject to judicial review as may be provided by law.
- The "20-percent rule" is a written petition signed by owners of record of land that compromises at least:
-20% of the land proposed for the change in zone, or
-20% of the land not proposed for the change in zone but within 100 feet, excluding right-of-way, of the
land proposed for the change.
APPEAL APPLICATION PROCESS
- Written application must be submitted within fifteen days from the date of the written determination, commonly documented in the ‘Notification of Decision’.
- A written justification for the appeal must be provided.
- Petitions in support of the appeal. (refer to the 20% Rule)
- Appeals will have a fee of:
-$75 on lots of one acre or less
-$100 on all other appeals.