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Part 14-16-4   Use Regulations
4-1   GENERAL
4-1(A)   LISTED USES
Table 4-2-1 indicates allowable land uses in individual zone districts, with abbreviations as described in Subsection 14-16-4-1(C). Use-specific standards in Section 14-16-4-3 establish restrictions, requirements, additional allowances, or review procedures.
4-1(A)(1)   Table 4-2-1 may indicate that a use is allowed in a particular zone district, while the Use-specific Standard may restrict that use in particular contexts or in specified areas. For example, a use may be allowed citywide but not next to residential uses, or a use may be allowed in a small area but not citywide in the same zone district.
4-1(A)(2)   A blank cell in Table 4-2-1 indicates that the use is not allowed in that zone district.
4-1(A)(3)   Definitions of each land use may allow another land use listed in the table as incidental to the defined use.
4-1(A)(4)   Additional land uses or restrictions on the use of land in a particular zone district may be contained in Sections 14-16-2-3 through 14-16-2-6 (Zone Districts) or in an Overlay zone applicable to the subject property in Part 14-16-3.
4-1(A)(4)(a)   Allowable uses in the MX-FB Zone District are pursuant to Subsection 14-16-2-4(E)(3)(c) (Use Regulations).
4-1(A)(4)(b)   The NR-SU zone district allows primary uses not allowed in any other zone district as indicated in Subsection 14-16-2-5(E)(2) (Use and Development Standards).
   1.   Accessory uses listed as allowable in the NR-SU zone district in Table 4-2-1 may be approved in conjunction with a primary NR-SU use if they are found to be compatible with or complementary to the proposed primary use.
   2.   Additional uses not listed as allowable in the NR-SU zone district in Table 4-2-1 may be approved as accessory to the proposed primary use if they are found to be compatible with or complementary to the proposed primary uses.
   3.   Accessory uses approved in an NR-SU zone district shall be subject to the relevant Use-specific Standards or any other standards deemed appropriate and necessary by the relevant decision-making body.
   4.   Uses approved for each property and any related standards are documented in the approved Site Plan for that property on file with the City Planning Department.
4-1(A)(4)(c)   Uses are regulated in the NR-PO sub-zones as follows:
   1.   NR-PO-A: Uses may be specified in Master Plans or Site Plans beyond those listed by Table 4-2-1, as approved by the City Parks and Recreation Department pursuant to Subsection 14-16-2-5(F)(3)(a) (Sub-zone A: City-owned or Managed Parks).
   2.   NR-PO-B: Uses may be specified in Master Plans, Resource Management Plans, or Site Plans beyond those listed by Table 4-2-1, as approved by the Open Space Division of the City Parks and Recreation Department pursuant to Subsection 14-16-2-5(F)(3)(b) (Sub-zone B: Major Public Open Space).
   3.   NR-PO-C: Allowable uses are listed in Table 4-2-1.
   4.   NR-PO-D: The BioPark is regulated by a Master Plan, which specifies allowable uses associated with the ABQ BioPark Zoo, Aquarium, Botanic Gardens, and Tingley Beach facilities, as approved by the City Cultural Services Department.
4-1(A)(4)(d)   Allowable uses in the PD zone district are pursuant to Subsection 14-16-2-6(A)(4) (Allowable Uses). Uses approved for each property and any related standards are documented in the approved Site Plan for that property on file with the City Planning Department.
4-1(A)(4)(e)   Allowable uses in the PC zone district are pursuant to Subsection 14-16-2-6(B)(4) (Allowable Uses). Allowable uses and any related standards are documented in the approved Framework Plan for the PC zone district on file with the City Planning Department.
4-1(B)   UNLISTED USES
When a proposed land use is not explicitly listed in Table 4-2-1, the Zoning Enforcement Officer (ZEO) shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics, and external impacts of a listed use that it should be treated as the same use. In making this determination, the ZEO shall consider the scale, character, traffic impacts, storm drainage impacts, utility demands, and potential impacts of the proposed use on surrounding properties. The ZEO’s interpretation shall be made available to the public on the City Planning Department website and shall be binding on future decisions of the City until the ZEO makes a different interpretation or this IDO is amended to treat the use differently.
4-1(C)   ABBREVIATIONS
4-1(C)(1)   A “P” in a cell of Table 4-2-1 indicates that the use is Permissive Primary (i.e. a primary use allowed by right in that zone district), subject to compliance with any Use-specific Standards referenced in the right-hand column of that line of the table.
4-1(C)(2)   A “C” in a cell of Table 4-2-1 indicates that the use is Conditional Primary (i.e. a primary use allowed only after the applicant obtains a Conditional Use Approval pursuant to Subsection 14-16-6-6(A)) and subject to any Use-specific Standards referenced in the right-hand column of that line of the table.
4-1(C)(3)   An “A” in a cell of Table 4-2-1 indicates that the use is Permissive Accessory (i.e. allowed as an accessory use compatible with a Permissive Primary or Conditional Primary use on the lot), and is subject to any Use-specific Standards referenced in the right-hand column of that line of the table.
4-1(C)(4)   A “CA” in a cell of Table 4-2-1 indicates that the use is Conditional Accessory (i.e. an accessory use allowed only after the applicant obtains a Conditional Use Approval pursuant to Subsection 14-16-6-6(A)) and subject to any Use-specific Standards referenced in the right-hand column of that line the table.
4-1(C)(5)   A “CV” in a cell of Table 4-2-1 indicates that the use is allowed in a structure that has been vacant for a period of 5 or more years, only after the applicant obtains a Conditional Use Approval pursuant to Subsection 14-16-6-6(A) and subject to any Use-specific Standards referenced in the right-hand column of that line of the table.
4-1(C)(6)   A “T” in a cell of Table 4-2-1 indicates that the use is allowed as a temporary use, subject to any Use-specific Standards referenced in the right-hand column of the table and as permitted pursuant to Section 14-16-6-5(D) (Permit – Temporary Use).
4-1(D)   MULTIPLE USES
4-1(D)(1)   A development may include multiple primary uses, including a combination of residential and non-residential uses, provided that each use is listed as an allowable Permissive Primary use or a Conditional Primary use in that zone district, that a Conditional Use Approval pursuant to Subsection 14-16-6-6(A)) is obtained for any Conditional Primary use, all Use-specific Standards applicable to each use are met, and the development complies with all applicable density, dimensional, impervious surface, development, and performance standards in Part 14-16-5 (Development Standards).
4-1(D)(2)   In Mixed-use and Non-residential zone districts, accessory uses may be on a lot abutting the primary use.
4-1(E)   PREVIOUSLY ALLOWED USES
4-1(E)(1)   Each use that exists on the effective date of this IDO that is required by this IDO to obtain a Conditional Use Approval, but that was a permissive use or an approved conditional use prior to the effective date of this IDO is deemed to have a Conditional Use Approval to continue operation in structures and on land areas where the operation was conducted prior to the effective date of this IDO and to expand operations without the need to obtain a Conditional Use Approval, provided that the expansion complies with all Use-specific Standards and other requirements of this IDO (other than the requirement for a Conditional Use Approval).
4-1(E)(2)   Each use that exists on the effective date of this IDO that was a permissive use or an approved conditional use prior to the effective date of this IDO and that is not allowed in the IDO zone district where it is located is a nonconforming use. See Section 14-16-6-8 (Nonconformities).
4-1(F)   REQUIRED LICENSES OR PERMITS 1
All uses required by the State of New Mexico or by another public or quasi-public or regulatory agency to have an approval, license, or permit to operate are required by the City of Albuquerque to have that approval, license, or permit in effect at all times, and failure to do so constitutes a violation of this IDO.
4-1(G)   SEPARATION OF USES
here a specific use is required to be separated from a protected use by a minimum distance, and the specific use complies with those standards, the later arrival of a protected use located within the minimum spacing distance does not make the specific use subject to the spacing requirement nonconforming, subject to the discontinuance provisions of Subsection 14-16-6-8(C)(3) (Discontinuance of Nonconforming Use), and does not limit the ability of the specific use to expand if such expansion would have been allowed before the arrival of the protected use.

 

Notes

1
51   2020 IDO Annual Update – Citywide Text Amendment – COUNCIL REVIEW. Revised editorially for consistency with existing text, which references licenses or permits from regulatory agencies other than the State.