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6-4   GENERAL PROCEDURES
   6-4(A)   INTERPRETATION
   The ZEO has authority to interpret this IDO, including the authority to determine its applicability to specific properties or situations and the authority to interpret the boundaries of zone districts and Overlay zones on the Official Zoning Map.
   6-4(B)   PRE-APPLICATION MEETING
   6-4(B)(1)   The purpose of a pre-application meeting is to provide an opportunity for an applicant and City staff to discuss applicable submittal requirements and procedures; the scope, features, and potential impacts of the proposed development on surrounding neighborhoods and infrastructure systems; the consistency or inconsistency of the proposed application with the ABC Comp Plan, as amended; applicable requirements and standards in this IDO; and applicable requirements and standards in the DPM and to identify primary contacts for the applicant and staff. A sketch plat review by the DRB meets the requirement of a pre-application meeting.
   6-4(B)(2)   A pre-application meeting with City staff is required for those types of applications indicated in Table 6-1-1, and those types of applications will not be accepted until a pre-application meeting is held.
   6-4(B)(3)   In addition, the Planning Director may require a meeting before City acceptance of any other type of application listed in Table 6-1-1 if the Director determines that the application is of unusual size or complexity or has the potential to create significant impacts on surrounding areas.
   6-4(C)   PRE-SUBMITTAL NEIGHBORHOOD MEETING
   6-4(C)(1)   For those types of applications where Table 6-1-1 requires a meeting with a neighborhood to be offered, the applicant shall offer at least 1 meeting to all Neighborhood Associations whose boundaries include or are adjacent to the subject property no more than 90 days before filing the application. In such cases, project applications will not be accepted until a pre-submittal neighborhood meeting has been held, or the requirements for a reasonable attempt in Subsection (3) below have been met. 274
   6-4(C)(2)   If the project is not located within or adjacent to the boundaries of any Neighborhood Association, the applicant shall offer at least 1 meeting to all Neighborhood Associations whose boundaries include land within 1,320 feet (¼ mile) of the subject property. If no Neighborhood Association has land within that distance of the subject property, no pre-submittal neighborhood meeting shall be required.
   6-4(C)(3)   A meeting request shall be sent to the 2 representatives on file at the ONC for all applicable Neighborhood Associations via Certified Mail, return receipt requested, or via email. Either method constitutes a reasonable attempt to notify a Neighborhood Association of a meeting request. The requirements of Subsection 14-16-6-4(K)(7) (Documentation of Good Faith Effort Required) also apply.
   6-4(C)(3)(a)   Each meeting request shall include all information required by the City for that type of application, as set forth in the DPM, applicable Facility Plan, or on the City’s website.
   6-4(C)(3)(b)   At a minimum, the meeting request shall include required items in Subsection 14-16-6-4(K)(1) (Content of the Notice), with the exception that information provided in the meeting request is conceptual and constitutes a draft intended to provide sufficient information for discussion of concerns and opportunities.
   6-4(C)(4)   If the Neighborhood Association chooses to meet, the Neighborhood Association must respond within 15 calendar days of the request (Certified Mail or email) being sent. The meeting must be scheduled for a date within 30 calendar days but no fewer than 15 calendar days after the Neighborhood Association accepts the meeting request, unless an earlier date is agreed upon. If the Neighborhood Association declines the meeting, the applicant may proceed pursuant to Subsection (9) below.
   6-4(C)(5)   The pre-submittal neighborhood meeting shall be facilitated by the City's Alternative Dispute Resolution (ADR) Office. If an ADR facilitator is not available within the required timeframe, the applicant can facilitate the meeting or arrange for another facilitator. All other requirements in this Subsection 14-16-6-4(C) shall be met.
   6-4(C)(6)   At the pre-submittal neighborhood meeting, the applicant shall provide information about the proposed project, including but not limited to the scope of uses, approximate square footages for different uses, general site layout, design guidelines, architectural style, conceptual elevations, and conceptual landscaping plans.
   6-4(C)(7)   A summary of the meeting shall be prepared and emailed to the representatives of the Neighborhood Association(s) that requested the meeting and any other meeting participants who signed in and provided an email address.
   6-4(C)(8)   Where Table 6-1-1 requires that a pre-submittal neighborhood meeting be offered, and a meeting was held, the applicant shall provide, as part of the project application, proof that a meeting was offered; proof that the meeting occurred, including a sign-in sheet of attendance; meeting location, date, and time; summary of discussion, including concerns raised, areas of agreement and disagreement, and next steps identified, if any; and identification of any design accommodations that may have been made as a result of the meeting. If the concerns raised at the meeting have not been accommodated, the applicant must identify the site or project constraints that limit the ability to address those concerns.
   6-4(C)(9)   Where Table 6-1-1 requires that a pre-submittal neighborhood meeting be held, and a meeting was not held, the requirement for a pre-submittal neighborhood meeting shall be waived if the applicant can demonstrate that reasonable attempts were made to notify a Neighborhood Association as required by Subsections (1) through (4) above, and either no response was received within 15 calendar days of the notice being sent, or the notified Neighborhood Association declined the meeting.
   6-4(D)   WHO CAN SUBMIT AN APPLICATION
   6-4(D)(1)   Unless specified otherwise in this IDO, an application under this IDO related to a specific property or multiple properties may be submitted by:
      6-4(D)(1)(a)   The owner of that property or an agent of the property owner with the written consent of the property owner.
      Where a property has more than one owner, all owners must consent in writing to the filing of the application or show proof of legal authority to act on behalf of the other owners. When the ownership status of some parties is unclear (as shown on a title abstract or title insurance commitment), the owner shall attest in writing that all of the property owners shown on a title abstract or title insurance commitment have been notified of the application in writing at their last known address as shown on the property tax records of Bernalillo County.
      6-4(D)(1)(b)   The City.
      When the City initiates action, it does so without predetermining the approval or denial of the application.
      6-4(D)(1)(c)   An entity with the authority to exercise the power of eminent domain, provided that the approval of the application shall not be effective until the entity has acquired an interest in the real property that is the subject of the application.
      6-4(D)(1)(d)   At least 51 percent of the property owners in a proposed small area who agree in writing to the request to create a new small area with area-specific regulation(s). This process does not apply to a new APO or HPO zone.
      6-4(D)(1)(e)   The property owners in a proposed HPO zone.
   6-4(D)(2)   An application to adopt or amend the ABC Comp Plan may be submitted by the City or by any resident or property owner in the city.
   6-4(D)(3)   An application to amend the text of this IDO may be submitted by the City or any resident or property owner in the city.
   6-4(D)(4)   The Planning Department shall submit amendments to the text of this IDO pursuant to Subsection 14-16-6-3(D) (Annual Updates to the IDO).
   6-4(D)(5)   Annexation to the City may be accomplished by petition from 1 or more property owners.
      6-4(D)(5)(a)   A petition to annex land into the City must be signed by the owners of a majority of the number of acres proposed to be annexed.
      6-4(D)(5)(b)   If the land is located in the Middle Rio Grande Conservancy District, the application must be signed by a majority of the owners of all lands that are included in the territory to be annexed.
      6-4(D)(5)(c)   Annexation may also be accomplished in any other manner provided by New Mexico State law. If the provisions of this Subsection (5) conflict with State law, the provisions of State law shall prevail.
   6-4(E)   APPLICATION MATERIALS
   6-4(E)(1)   Unless specified otherwise in this IDO, all applications shall be submitted to the City Planning Department.
   6-4(E)(2)   Each application shall include all forms and related information required by the City for that type of application, as set forth in this IDO, the DPM, any applicable Facility Plan, or on the City’s website.
   6-4(E)(3)   The applicant bears the burden of providing a sound justification for the requested decision, based on substantial evidence.
   6-4(E)(4)   The applicant bears the burden of showing compliance with required standards through analysis, illustrations, or other exhibits as necessary.
   6-4(F)   APPLICATION FEES
   Each applicant shall pay any required application fee(s) established by the City for the type of application(s) being submitted.
   6-4(F)(1)   The City Planning Department shall maintain a fee schedule on the City Planning Department website.
   6-4(F)(2)   The Planning Director establishes application fees for all applications listed in this IDO, as well as additional fees for research, investigation, analysis, public notice, facilitated meetings, inspection, enforcement, and issuance of official documents.
   6-4(F)(3)   All fees shall be based on the estimated City time required to review and process the application, as well as any other relevant costs, including but not limited to required public notice.
   6-4(F)(4)   No fee shall be required for an application submitted by the City.
   6-4(G)   APPLICATION COMPLETENESS
   6-4(G)(1)   On receiving a development application, the Planning Director shall determine whether the application is complete. A complete application is one that contains all information and application materials required by this IDO, the DPM, and any administrative checklist for that type of development, in sufficient detail and readability to evaluate the application for compliance with applicable review standards in this IDO.
   6-4(G)(2)   Incomplete applications shall be rejected.
   6-4(G)(3)   If the Planning Director determines that an application is incomplete, the Planning Director shall notify the applicant in writing of the missing, incomplete, or unreadable materials within 5 business days after receiving the application. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Planning Director determines the application is complete. If the applicant fails to resubmit an application with any additional or corrected materials necessary to make the application complete within 60 calendar days after being notified of submittal deficiencies, the application shall be considered abandoned, and any application fees that have been paid and have not been expended during initial review shall be refunded.
   6-4(G)(4)   No development application shall be reviewed for compliance with this IDO or scheduled for a public meeting or hearing by any decision-making body until it is determined to be complete.
   6-4(G)(5)   On determining that the application is complete, the Planning Director shall accept the application for review in accordance with the procedures and standards of this IDO.
   6-4(H)   CUMULATIVE IMPACTS ANALYSIS REQUIREMENTS 2
   6-4(H)(1)   A cumulative impacts analysis is required prior to approval of a Site Plan – EPC for any development in the Railroad and Spur Small Area that meets the criteria in Subsection 14-16-5-2(F)(1). The cumulative impacts analysis shall be submitted as part of the application materials and is subject to the application completeness requirements of Subsection 14-16-6-4(G). 276
   6-4(H)(2)   The cumulative impacts analysis shall include all of the following:
      6-4(H)(2)(a)   A list of other uses listed in Subsection 14-16-5-2(F)(1)(c) that are within 660 feet in any direction of the subject property.
      6-4(H)(2)(b)   A Traffic Impact Study, pursuant to Subsection 14-16-5-2(F)(2)(c).
      6-4(H)(2)(c)   A list, estimated amount, and storage location of hazardous materials, as defined by federal regulation, to be used for operations, including but not limited to fuels.
      6-4(H)(2)(d)   A summary of sewer and storm water discharge, including volumes.
      6-4(H)(2)(e)   A Letter of Availability from the ABCWUA, including estimate of volume of water to be used annually for operations.
      6-4(H)(2)(f)   The operating hours of the facility, including but not limited to times when there may be delivery or movement of freight vehicles to and from the property and activities that generate noise and occur outdoors.
      6-4(H)(2)(g)   A list of and copies of all permits required for the use.
   6-4(H)(3)   The cumulative impacts analysis shall identify any efforts to avoid, minimize, or mitigate any impacts as outlined in Subsections 14-16-5-2(F)(2) and 14-16-6-4(H)(2) and/or propose civic or environmental benefits that outweigh the expected impacts.
   6-4(I)   TRAFFIC IMPACT STUDY REQUIREMENTS
   6-4(I)(1)   A traffic impact study may be required pursuant to standards in the DPM or Subsection 14-16-5-2(F)(2)(c). The extent of the study or report will depend on the location of the project, the amount of traffic generated from the development, and the existing conditions in the project area.
   6-4(I)(2)   A scoping meeting with the City Engineer may be scheduled to determine whether a traffic impact study is required.
   6-4(I)(3)   If a traffic impact study is required, it shall be submitted as part of the application materials and is subject to the application completeness requirements of Section 14-16-6-4(G).
   6-4(J)   REFERRALS TO COMMENTING AGENCIES
   Following a determination that the application is complete, the Planning Director, ZEO, or any City staff designated to review applications in Table 6-1-1 shall refer applications for comment to the following departments or agencies, as noted below. Any comments received within 15 calendar days after such a referral shall be considered with the application materials in any further review and decision-making procedures.
   6-4(J)(1)   City departments or agencies or other governmental or quasi-governmental agencies whose services, properties, facilities, interests, or operations may be affected.
   6-4(J)(2)   Albuquerque Public Schools (APS) for applications that include residential development. The City shall not approve any Subdivision application that contains any residential component without providing APS an opportunity to review and comment.
   6-4(J)(3)   Kirtland Air Force Base and City Aviation Department staff for applications that include development in the Kirtland Air Force Base Military Influence Area shown in the following mapped area.
 
   6-4(J)(4)   City Aviation Department for applications that include development in the Airport Protection Overlay Zone.
   6-4(J)(5)   National Park Service and Open Space Division of the City Parks and Recreation Department for applications that include development within 660 feet of the Petroglyph National Monument. 277
   6-4(K)   PUBLIC NOTICE
   Notice that is published, mailed, electronically mailed, posted by sign, or posted on the City’s website shall be required as shown in Table 6-1-1 for different types of applications under this IDO, and shall comply with the standards below. Notice shall also be provided pursuant to ONC administrative instructions and the requirements of Part 14-8-2 of ROA 1994 (Neighborhood Association Recognition).
   6-4(K)(1)   Content of the Notice
   6-4(K)(1)(a)   All notice required by Table 6-1-1 shall include, at a minimum, all of the following information:
      1.   The address of the property listed in the application.
      2.   The name of the property owner.
      3.   The name of the applicant (if different from the property owner).
      4.   A short summary of the approval being requested (e.g. Conditional Use Approval to allow a particular use, Zoning Map Amendment from an existing zone district to a specified district, a Site Plan – DRB for a particular project, etc.).
      5.   Whether a public meeting or hearing will be required, and if so the date, time, and place of the public meeting or hearing.
      6.   An address, telephone number, or website where additional information about the application can be obtained.
   6-4(K)(1)(b)   For mailed or electronic mail notice, the following additional information, at a minimum, shall be included using the relevant notification form provided by the Planning Department. Information included as an attachment or as a link to a website where such information is available is acceptable.
      1.   A Zone Atlas page indicating the subject property.
      2.   Architectural drawings, elevations of the proposed building(s), or other illustrations of the proposed application, as relevant.
      3.   An explanation of any deviations, Variances, or Waivers being requested, if any.
      4.   The summary of the pre-submittal neighborhood meeting, if one occurred.
      5.   For notice associated with a Site Plan application, a site plan that shows, at a minimum, the following information shall be included:
         a.   The location of proposed buildings and landscape areas.
         b.   Access and circulation for vehicles and pedestrians.
         c.   The maximum height of any proposed structures, with building elevations.
         d.   For residential development: The maximum number of proposed dwelling units.
         e.   For non-residential development: The total gross floor area of the proposed project and the gross floor area for each proposed use.
   6-4(K)(2)   Published
   Where Table 6-1-1 requires published notice, the City shall publish a notice in a newspaper of general circulation within the city at least 15 calendar days before the public meeting or hearing. If initial notice of a public meeting or hearing has been provided, additional notice shall not be required if the public meeting or hearing is begun and then continued to a specific date, or for an appeal of the decision.
   6-4(K)(3)   Mailed
   6-4(K)(3)(a)   General Requirements
      1.   For the purposes of providing mailed notice, First-class Mail shall constitute reasonable attempt to notify, with the following exceptions:
         a.   In the case of an application for a subject property less than 10 acres to request an Annexation of Land or Zoning Map Amendment, the letters to property owners within 100 feet in any direction of the subject property must be sent by Certified Mail.
         b.   In the case of an application for a subject property 10 acres or more to request an Annexation of Land or Zoning Map Amendment, if the notice by First-class Mail to a property owner is returned undelivered, the City shall attempt to discover that owner's most recent address, and the applicant shall remit the notice by Certified Mail, return receipt requested, to that address.
      2.   Mailed notice shall be provided at the applicant's expense.
      3.   The applicant shall be required to provide evidence that required notices have been mailed at least 3 calendar days before a weekly public meeting or hearing or at least 15 calendar days before a monthly public meeting or hearing.
   6-4(K)(3)(b)   Notice to Neighborhood Associations
   Where Table 6-1-1 requires mailed notice, the applicant shall mail a notice to the 2 contact addresses on file with the ONC for Neighborhood Associations as follows:
      1.   For applications related to a citywide Policy Decision: all Neighborhood Associations.
      2.   For applications related to a Wireless Telecommunications Facility (WTF): any Neighborhood Association within 1,320 feet (¼ mile) in any direction of the subject property.
      3.   For all other applications: any Neighborhood Association whose boundaries include or are adjacent to the subject property or small area.
      4.   For applications where Table 6-1-1 requires electronic mail notice, mailed notice to Neighborhood Association representatives is only required if there is no e-mail address on file for that representative.
   6-4(K)(3)(c)   Notice to Property Owners
   For Administrative Decisions, Decisions Requiring a Public Meeting or Hearing, Amendments to Zoning Map, Adoption or Amendment of Historic Designation, or Annexation of Land as shown in Table 6-1-1, the applicant shall mail a notice to all of the following:
      1.   The owner of the property listed in the application.
      2.   All owners, as listed in the records of the Bernalillo County Assessor, of property located partially or completely within 100 feet in any direction of the subject property. Where the edge of that 100-foot buffer area falls within any public right-of-way, adjacent properties shall be included.
   6-4(K)(3)(d)   Notice for Amendment to IDO Text – Small Area
   For an application for an Amendment to IDO Text – Small Area as shown in Table 6-1-1, the applicant shall mail a notice to all of the following, in addition to Neighborhood Associations pursuant to Subsection 6-4(K)(3)(b)3:
      1.   The owners of the properties within the small area.
      2.   All owners, as listed in the records of the Bernalillo County Assessor, of property located partially or completely within 100 feet in any direction of the proposed small area. Where the edge of that 100-foot buffer area falls within any public right-of-way, adjacent properties shall be included.
   6-4(K)(3)(e)   Notice for Appeals
   Mailed notice is not required for appeals of those decisions where Table 6-1-1 requires mailed notice of the initial application.
   6-4(K)(3)(f)   Notice for Change of Use of a Manufactured Home Community
   For changes of use or rezoning of manufactured home communities that will result in expiration or termination of resident occupancy, see Subsection 14-16-2-3(C)(3)(g) (R-MC Zone District Standards).
   6-4(K)(4)   Posted Sign
   Where Table 6-1-1 requires posted sign notice, the applicant shall post at least 1 sign on each street abutting the property that is the subject of the application, at a point clearly visible from that street, for at least 15 calendar days before the public meeting or hearing, as applicable, and for the appeal period of 15 calendar days following any decision, required pursuant to Subsection 14-16-6-4(V)(3)(a)1.
   6-4(K)(4)(a)   Signs shall be furnished by the City.
   6-4(K)(4)(b)   For a period of 2 years after a Subdivision of Land – Major is approved, required posted signs for any Site Plan – Administrative for low-density residential development within that subdivision may be provided on kiosks with weather protection, constructed at the applicant’s expense, where signs can be posted for as long as construction is active, in lieu of posting individual signs on each lot.
      1.   The kiosks must be located on private property at all entrances to the subdivision.
      2.   The sign content required pursuant to Subsection 14-16-6-4(K)(1)(a) must be shown but can be consolidated if applicable to multiple lots.
      3.   A map that clearly identifies the lots with applications for Site Plan – Administrative must be included.
   6-4(K)(4)(c)   Posted sign notice is not required for appeals of those decisions where Table 6-1-1 requires a posted sign for the initial application.
   6-4(K)(5)   Electronic Mail
   Where Table 6-1-1 requires electronic mail notice, the applicant shall send an electronic mail notice to the e-mail addresses on file with the ONC for each Neighborhood Association whose boundaries include or are adjacent to the subject property.
   6-4(K)(5)(a)   For applications where mailed notice to Neighborhood Associations is also required pursuant to Subsection 14-16-6-4(K)(3)(b), electronic mail notice fulfills the mailed notice requirement in that Subsection. If any Neighborhood Association representatives do not have an e-mail address on file with the ONC, mailed notice to those representatives is required.
   6-4(K)(5)(b)   For a period of 2 years after a Subdivision of Land – Major is approved, a Site Plan – Administrative for low-density residential development within that subdivision is exempt from the electronic mail notice requirement. After that time, electronic mail notice is required.
   6-4(K)(5)(c)   Electronic mail notice is not required for appeals of those decisions where Table 6-1-1 requires electronic mail notice of the initial application.
   6-4(K)(6)   Web Posting
   Where Table 6-1-1 requires web posting notice, the City shall post a notice on the City’s website. The notice shall generally be in the form of a meeting or hearing agenda or a Notice of Decision.
   6-4(K)(7)   Documentation of Good Faith Effort Required
   6-4(K)(7)(a)   In any case where an applicant is required to provide mailed, posted, or electronic notice, the applicant shall be required to submit evidence that timely notice has been made, including the dates on which notice was provided, a copy of the text of the notice provided, and a list of those addresses and e-mail addresses to which mailed and electronic notice has been sent.
   6-4(K)(7)(b)   In any case where mailed notice is returned to sender or email notice is returned as undeliverable, the applicant shall request updated information from the City and re-send any required notice to the updated address, if different.
   6-4(K)(7)(c)   Failure to provide evidence of timely mailing or electronic notice of required notices to Neighborhood Associations shall result in postponement of the public meeting or hearing unless the City receives written notice from each Neighborhood Association required to receive mailed notice that it has received notice and has no objection to the hearing proceeding as scheduled, or unless Subsection (d) below applies.
   6-4(K)(7)(d)   Failure to provide evidence of required mailed notice to any individual other than a Neighborhood Association representative may result in the postponement of further review of the application unless the City determines that those parties required to receive mailed notice have received notice of the public meeting or hearing or unless Subsection (e) below applies.
   6-4(K)(7)(e)   If the applicant provides evidence that the required notices were timely provided, then failure of a property owner or Neighborhood Association to receive actual notice due to changes of address since the latest update to the City or County real estate records, or due to changes of e-mail addresses since those were last provided to the City, or due to errors in postal delivery or newspaper publishing, or for other reasons beyond the control of applicant or City, shall not be grounds for a delay of application review or public meetings or hearings, or for appeal of the resulting decision.
   6-4(L)   POST-SUBMITTAL FACILITATED MEETING
   6-4(L)(1)   Requesting a Post-submittal Facilitated Meeting
   6-4(L)(1)(a)   Once an application for a decision listed in Table 6-1-1 is accepted as complete by the City Planning Department, property owners within 330 feet and Neighborhood Associations within 660 feet in any direction of the subject property may request a post-submittal facilitated meeting, except for Site Plan – Administrative applications for new low-density residential development as identified by Subsection 14-16-6-5(G)(1)(e)1.a, which are not subject to this provision. 278
   6-4(L)(1)(b)   Requests for a post-submittal facilitated meeting shall be submitted to the Planning Director in writing and must include, at a minimum, the following:
      1.   Why a post-submittal facilitated meeting is being requested.
      2.   What specific items are requested to be discussed.
      3.   What outcomes are wanted from the discussion.
   6-4(L)(1)(c)   The Planning Director shall notify the applicant of a request for a post-submittal facilitated meeting, if requested by a party other than the applicant, within 2 business days.
   6-4(L)(2)   Criteria for Delaying a Decision
   The City will delay the decision on the application to allow a post-submittal facilitated meeting as follows:
   6-4(L)(2)(a)   Administrative Decisions
   The following apply to all requests for a post-submittal facilitated meeting associated with an Administrative Decision as shown in Table 6-1-1.
      1.   One facilitated meeting can be requested and required.
      2.   A facilitated meeting shall be requested no more than 10 days after any public notice has been provided as required pursuant to Table 6-1-1. 279
      3.   A final decision by City staff will not be made until after the post-submittal facilitated meeting has taken place and the meeting summary has been received and reviewed by City staff.
   6-4(L)(2)(b)   Decision Requiring a Public Meeting or Hearing and Zoning Map Amendment – EPC
   The following apply to all requests for a post-submittal facilitated meeting associated with a Decision Requiring a Public Meeting or Hearing as shown in Table 6-1-1 and for a Zoning Map Amendment – EPC.
      1.   One post-submittal facilitated meeting can be requested and required. If a development involves applications for decisions by multiple decision-making bodies, one facilitated meeting can be requested and required per decision-making body.
      2.   If the request is made at least 15 calendar days prior to the scheduled meeting or hearing, the post-submittal facilitated meeting shall be required and completed before the application can be heard by the decision-making body. The decision-making body shall defer the case at the public meeting or hearing until the post-submittal facilitated meeting has taken place and the meeting summary has been received and reviewed by the decision-making body. No deferral fee is required.
      3.   If the request is made fewer than 15 calendar days before the scheduled meeting or hearing, or at such a meeting or hearing, or if an additional post-submittal meeting is requested, the applicant can agree to a post-submittal facilitated meeting and ask for a deferral or continuance of the case at any time. A deferral fee will be charged.
   6-4(L)(3)   Timing of a Post-submittal Facilitated Meeting
   6-4(L)(3)(a)   Once notified by the Planning Director about the request for a post-submittal facilitated meeting, the applicant shall contact the City’s Alternative Dispute Resolution (ADR) office to request the post-submittal facilitated meeting within 2 business days. The City shall assign a facilitator, who shall schedule the post-submittal facilitated meeting to take place within 15 calendar days of the request to ADR. The facilitator shall attempt to contact all Neighborhood Associations whose boundaries include or are adjacent to the subject property.
   6-4(L)(3)(b)   If reasonable attempts have been made to accommodate the schedules of the applicant, the Neighborhood Associations, and the requester (if different), and no post-submittal facilitated meeting has occurred, the application shall proceed in the relevant review/decision process. If no post-submittal facilitated meeting occurs, the facilitator shall provide documentation of the attempt to schedule the post-submittal facilitated meeting and that no post-submittal facilitated meeting was scheduled within the time allotted.
   6-4(L)(3)(c)   If a post-submittal facilitated meeting occurs, the facilitator shall submit a post-submittal facilitated meeting report, including but not limited to the meeting location, date, and time; attendees; and a summary of the discussion to the Planning Department within 7 calendar days of the post-submittal facilitated meeting.
   6-4(M)   PUBLIC MEETINGS
   A public meeting is less formal than a public hearing and is not quasi-judicial. Where Table 6-1-1 indicates that a public meeting is required, the review or decision-making body shall discuss the application in a public meeting, but it shall be up to the discretion of the reviewing body whether public questions, statements, or discussion on the application shall be allowed.
   6-4(N)   PUBLIC HEARINGS
   6-4(N)(1)   Requirement
   The ZHE, LC, EPC, LUHO, and City Council shall conduct public hearings as necessary on those types of applications where Table 6-1-1 requires a public hearing.
   6-4(N)(2)   Procedures Governed by Administrative Rules
   Each entity listed in Section 14-16-6-2 (Review and Decision-making Bodies) is authorized to create rules, procedures, or practices governing its conduct of public hearings, but each public hearing (other than appeal hearings) shall include an opportunity for all parties to the hearing to be heard regarding the application. A record shall be kept of each person asking questions or offering testimony about the application.
   6-4(N)(3)   Quasi-judicial Hearings
   For decisions that would result in changes to property rights or entitlements on a particular property or affecting a small area, or are otherwise not considered legislative decisions involving policy or regulatory changes that would apply citywide or to a large area, the decision-making body shall conduct a quasi-judicial hearing to make a discretionary decision. Quasi-judicial hearings shall be subject to the additional provisions in this Subsection 14-16-6-4(N)(3).
   6-4(N)(3)(a)   Appearance of Record
      An appearance of record in a hearing is made through a written statement of the person’s name and address, signed by the person or by his/her agent, and submitted to the relevant decision-making body prior to the termination of public comment on the case.
   6-4(N)(3)(b)   Conduct
      1.   A party to the hearing shall be afforded an opportunity to present evidence and argument and to question witnesses on all relevant issues, but the decision-making body may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony and questioning.
      2.   The decision-making body may call witnesses and introduce papers of its own volition during the public hearing.
      3.   All testimony at the hearing shall be under oath or affirmation.
      4.   Nothing in this IDO shall prohibit interested members of the public from testifying at public hearings other than appeal hearings before the decision-making body.
      5.   A full record of the hearing will be made by sound recording or transcription; any person shall have the opportunity to listen to, copy, or transcribe the recording during business hours.
      6.   A summary of actions taken shall be kept of all ZHE hearings, and they shall be kept available for public inspection.
   6-4(N)(3)(c)   Ex Parte Communications
   Prior to making a decision at a quasi-judicial public hearing and until the expiration of any applicable appeal period, the decision-making body shall not do any of the following:
      1.   Communicate, directly or indirectly, with any party or party representative in connection with the merits of any issue involved, except upon advanced prior notice and opportunity for all parties to participate.
      2.   Use nor rely upon any communication, reports, staff memoranda, or other materials prepared in connection with the particular case unless made a part of the record.
      3.   Inspect the site with any party or his/her representative unless all parties are given opportunity to be present.
   6-4(N)(4)   Decisions
   6-4(N)(4)(a)   The decision-making body, other than the City Council or the LUHO, shall take any 1 of the following actions:
      1.   Approve or recommend approval of the application as presented.
      2.   Approve or recommend approval of the application with conditions.
      3.   Deny or recommend denial of the application.
      4.   Defer the matter to a date no more than 60 calendar days following its first appearance on the agenda, unless a longer deferral is accepted by the applicant.
      5.   Continue the matter to a date no more than 60 calendar days following the opening of the public hearing, unless a longer continuance is requested by the applicant.
   6-4(N)(4)(b)   The City Council or LUHO shall affirm the decision on appeal, reverse the lower decision-making body, or remand the application for additional review by an entity. (See Subsection 14-16-6-4(V) for additional information on LUHO actions on appeals).
   6-4(N)(5)   Written Decisions
   6-4(N)(5)(a)   For decisions to continue or defer a public hearing, written findings in support of the decision are not required.
   6-4(N)(5)(b)   For final decisions, the decision-making body identified in Table 6-1-1 shall provide a written decision with findings based on the review criteria for that type of application that shall be made part of the record.
   6-4(N)(5)(c)   Each finding shall be supported by substantial evidence.
   6-4(N)(5)(d)   The ZHE and the LUHO shall make a decision and present findings and recommendations about each application within 15 calendar days after the close of the public hearing.
   6-4(N)(5)(e)   The LC and EPC shall make a decision at the public hearing and shall issue a written decision with findings necessary to the decision within 15 calendar days after the close of the public hearing.
   6-4(N)(5)(f)   The City Council shall make a decision about each application at a public hearing and shall adopt findings no later than its next scheduled meeting.
   6-4(N)(6)   Public Notice of Decision
   6-4(N)(6)(a)   For Decisions Requiring a Public Meeting or Hearing and Policy Decisions (per Table 6-1-1), a Notice of Decision, including a list of any conditions attached to any permit or approval, shall be sent to each party to the matter and to any other person who has entered an appearance and requested a copy of the decision. The Notice of Decision shall be posted on the City website as soon as practicable and not more than 3 business days after the final action on the matter by any decision making officer or body other than the City Council. Notices of decision by the City Council must be posted within 10 days of the final action.
   6-4(N)(6)(b)   For decisions to continue or defer a hearing, the time and place shall be announced at the hearing without the need for the applicant or the City to provide additional notice.
   6-4(O)   GENERAL CRITERIA FOR REVIEW AND DECISION
   6-4(O)(1)   For all applications, the decision-making body identified in Table 6-1-1 shall review the applicant’s justification for the request and only approve the request if it finds that the justification is sound based on substantial evidence.
   6-4(O)(2)   Where Sections 14-16-6-5 (Administrative Decisions), 14-16-6-6 (Decisions Requiring a Public Meeting or Hearing), or 14-16-6-7 (Policy Decisions) list specific review and decision criteria for the approval of an application, the decision-making body identified in Table 6-1-1 shall only approve the application if it finds that those criteria have been met.
   6-4(O)(3)   Where this IDO does not list additional or more specific criteria for the review and decision on applications, the application shall be recommended for approval (or approval with conditions) or shall be approved (or approved with conditions) if the review or decision-making body determines that the application complies with all applicable standards in this IDO, other adopted City regulations or policies that may be applicable, and any conditions specifically applied to development of the property in a prior permit or approval affecting the property.
   6-4(O)(4)   Any application identified in Table 6-1-1 may be denied to an applicant who meets any of the following criteria:
   6-4(O)(4)(a)   Has not complied with all applicable statutes of the State of New Mexico, provisions of the Charter of the City of Albuquerque, or City ordinance.
   6-4(O)(4)(b)   Is in default or has defaulted on a written agreement with the City.
   6-4(O)(4)(c)   Has failed to pay fees, charges, taxes, special assessments, and other debts or obligations that are due from the applicant and payable to the City regarding any matter.
   6-4(P)   DEVIATIONS
   When an application is submitted, the applicant may request a deviation to IDO Standards, up to the limits listed in Table 6-4-1. 280
Table 6-4-1: Allowable Deviations
Standard
Maximum Allowable Deviation (Cumulative of Earlier Approved Deviations)
General
Lot =10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change
Table 6-4-1: Allowable Deviations
Standard
Maximum Allowable Deviation (Cumulative of Earlier Approved Deviations)
General
Lot =10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change
Lot size, minimum
10%
Lot width, minimum
10%
Front setback, minimum
15%
Side setback, minimum
15%
50%
Rear setback, minimum
10%
50%
Building height, maximum
10%
Off-street parking spaces, minimum
5%
15%
Wall and fence height
6 in.
Any other numerical standard
10%
Any standard cited in an application for “reasonable accommodation” or “reasonable modification” under the federal Fair Housing Act Amendments of 1998 (or as amended)
The minimum deviation necessary to comply with the federal Fair Housing Act
 
   6-4(P)(1)   For standards in the following subsections, requests for deviations beyond these thresholds or to standards not included in Table 6-4-1 will be reviewed and decided as Waivers pursuant to the following:
   6-4(P)(1)(a)   Subsection 14-16-6-6(P) (Waiver – DRB) for deviations from standards Section 14-16-5-3 (Access and Connectivity), Section 14-16-5-4 (Subdivision of Land), Section 14-16-5-5 (Parking and Loading), except for the following standards:
      1.   Subsection 14-16-5-5(F)(2)(a)3, which requires a Permit – Carport for carports in any front or side setback pursuant to Subsection 14-16-6-6(G).
      2.   Standards related to front yard parking in Subsection 14-16-5-5(F)(1)(a)6, Subsection 14-16-5-5(F)(2)(a)2, or Table 5-5-6, which require a Variance – ZHE pursuant to Subsection 14-16-6-6(O).
   6-4(P)(1)(b)   Subsection 14-16-6-6(Q) (Waiver – Wireless Telecommunications Facility) for deviations from IDO standards applicable to the erection or installation of a WTF.
   6-4(P)(2)   For all other IDO standards, requests for exceptions beyond these thresholds will be reviewed and decided as Variances pursuant to the following:
   6-4(P)(2)(a)   Subsection 14-16-6-6(N) (Variance – EPC) for exceptions to all other IDO standards associated with a Site Plan – EPC.
   6-4(P)(2)(b)   Subsection 14-16-6-6(O) (Variance – ZHE) for exceptions to all other IDO standards associated with a Site Plan – Administrative or Site Plan – DRB.
   6-4(P)(3)   The relevant decision-making body identified in Table 6-1-1 may approve a requested deviation that is within the limits listed in Table 6-4-1 if that decision-making body determines that all of the following requirements are met:
   6-4(P)(3)(a)   The applicant’s site is subject to site constraints not generally shared by surrounding properties or the site was platted or developed in an unusual pattern when compared to abutting properties (e.g. the property was developed with orientation or access facing a different street than abutting lots) that would prevent the development of a permissive land use in a type of structure generally found on sites of a similar size in the surrounding area.
   6-4(P)(3)(b)   The site constraints were not created by the actions of the property owner or another interested party.
   6-4(P)(3)(c)   The request is for a single site and is not part of a pattern of similar requests for adjacent properties or for nearby sites by the same property owner or within the same subdivision, Framework Plan area, or Master Development Plan area.
   6-4(P)(3)(d)   The approval of the requested deviations will not cause material adverse impacts on surrounding properties.
   6-4(P)(3)(e)   The requested deviation is not for an Overlay zone standard, and the approval of any requested deviation will not result in a violation of any Overlay zone standard.
   6-4(P)(4)   In the case of a request for “reasonable accommodation” or “reasonable modification” under the federal Fair Housing Act Amendments of 1998 (or as amended), the criteria in Subsections (a), (b), (c), (d), and (e) above do not need to be met, and the relevant decision-making body shall approve any deviation necessary to comply with the requirements of the federal Fair Housing Act Amendments.
   6-4(P)(5)   Any deviations granted associated with a Site Plan shall be noted on the approved Site Plan.
   6-4(Q)   CONDITIONS ON APPROVALS
   6-4(Q)(1)   If Table 6-1-1 or IDO Subsections 14-16-6-4(Y) (Amendments of Approvals) or 14-16-6-4(Z) (Amendments of Pre-IDO Approvals) authorize City staff to make a decision on an application, City staff may impose conditions necessary to bring the application into compliance with the requirements of this IDO or other adopted City regulations.
   6-4(Q)(2)   If Table 6-1-1 or IDO Subsections 14-16-6-4(Y) (Amendments of Approvals) or 14-16-6-4(Z) (Amendments of Pre-IDO Approvals) authorizes the ZHE, EPC, DRB, LC, or City Council to make a decision on an application, the decision-making body may impose conditions on the approval necessary to bring the application into compliance with the requirements of this IDO, other adopted City regulations, or the specific review criteria for that type of application, provided that the following criteria are met:
   6-4(Q)(2)(a)   All conditions are reasonably related to the purposes of this IDO or mitigating the negative impacts of the proposed development or land use as determined by the reviewing entity.
   6-4(Q)(2)(b)   Where mitigation of the impacts of a proposed plan or development requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants, any conditions imposed are roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
   6-4(Q)(3)   Any conditions shall be listed in or attached to the permit or approval document, and violation of any condition on a permit or approval shall be a violation of this IDO.
   6-4(Q)(4)   Any conditions shall be met within 1 year of the approval, unless stated otherwise in the approval. If any conditions are not met within that time, the approval is void. The Planning Director may extend the time limit up to an additional 1 year.
   6-4(R)   REQUIRED IMPROVEMENTS AND FINANCIAL ASSURANCE
   6-4(R)(1)   Unless specified otherwise in this IDO, the DPM, or an IIA approved by the City, or otherwise approved by the City, all applicants for permits and approvals under this IDO are required to pay for and install all public and private improvements necessary to address the impacts of their proposed development or land use on surrounding neighborhoods and on the City’s infrastructure, transportation, drainage, or other systems and services, as provided in the DPM.
   6-4(R)(2)   Notwithstanding Subsection A above, the City shall not require an applicant to pay for or install that portion (if any) of a public or private improvement that is being funded through the City’s impact fee requirements and for which the applicant has or will be required to pay an impact fee.
   6-4(R)(3)   Unless specified otherwise in this IDO or the DPM, if the applicant has not completed the installation of those public and private improvements required by this IDO, the DPM, or any City-approved IIA or Development Agreement by the time the first certificate of occupancy for the property is issued, or by the time the first use of the property for a new approved land use begins, the applicant may be required to provide financial security to the City to ensure that the City will have adequate funds on hand to complete the required public or private improvements prior to initial occupancy or use of the property pursuant to an approval under this IDO. Financial security will only be used by the City to complete required public and private improvements if the applicant fails to provide those improvements in a timely manner as required by this IDO, the DPM, or any City-approved IIA or Development Agreement.
   6-4(R)(4)   The DPM contains specific requirements for the types of public and private improvements required for different types of development applications; the timing and phasing of those improvements; documents required to be submitted for approval of those improvements; inspection of improvements; financial security for completion of the improvements; required warranties on the performance of the improvements; dedication and City acceptance of improvements; provisions for release of financial security or performance warranties; and other matters related to required public and private improvements.
   6-4(S)   BUILDING AND CONSTRUCTION AND RELATED APPROVALS
   6-4(S)(1)   Declaratory Ruling
   6-4(S)(1)(a)   Upon request, the ZEO shall issue a written declaratory ruling as to the applicability of the IDO to a proposed development or activity. In determining whether a use not specifically allowed by this IDO can be considered as allowable in a particular zone, the similarity to and compatibility with other allowable uses in that zone shall be determining factors.
   6-4(S)(1)(b)   If the ZEO determines that the request for a declaratory ruling is not applicable to a proposed development or activity, the ZEO is not required to issue a declaratory ruling.
   6-4(S)(1)(c)   Declaratory rulings may be appealed to City Council, with a recommendation by the LUHO, pursuant to Subsection 14-16-6-4(V) (Appeals).
   6-4(S)(2)   Impact Fees
   6-4(S)(2)(a)   Each applicant shall comply with Article 14-19 of ROA 1994 (Impact Fees) and the DPM regarding the payment of impact fees for a proposed development or land use.
   6-4(S)(2)(b)   Impact fee assessments may be appealed pursuant to Subsection 14-16-6-4(V)(3)(c) (Environmental Planning Commission – Appeal of an Impact Fee Assessment).
   6-4(S)(3)   Fugitive Dust Control Construction Permit
   6-4(S)(3)(a)   All development that will involve surface disturbance of an area equal to or greater than 32,670 square feet (¾-acre) requires review by the City Environmental Health Department pursuant to the Air Quality Regulations adopted by the Albuquerque-Bernalillo County Air Quality Control Board and found in Part 20.11.20 of the NMAC (Fugitive Dust Control) and the DPM. In case of a conflict with any standards in this IDO, those requirements prevail.
   6-4(S)(3)(b)   In order to obtain a fugitive dust control construction permit, the applicant must to do all of the following:
      1.   Discuss the project with a representative of the City Environmental Health Department Air Quality Program to determine the need for a fugitive dust control construction permit and appropriate site-specific dust control measures.
      2.   Obtain required signatures from the permittee, owner, operator, and/or responsible person. For surface disturbance equal to or less than 25 acres, allow up to 10 business days for application review. For surface disturbance greater than 25 acres, allow up to 20 business days for application review.
   6-4(S)(4)   Grading, Drainage, and Paving Approvals
   6-4(S)(4)(a)   All development that will involve site grading or paving shall comply with Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control), the DPM, and any other relevant provisions of this IDO in order to address potential soil erosion, storm drainage, and air quality impacts that may occur from those activities. In case of a conflict with any standard in this IDO, the standards and procedures in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control) or the DPM shall prevail.
   6-4(S)(4)(b)   The type of permit required for these activities depends on the thresholds in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control) related to size, extent, and location, summarized below.
      1.   Grading activities that involve disturbance of less than 1 acre of land and/or relocation of less than 500 cubic yards and are not located adjacent to a watercourse or within a Special Flood Hazard Area do not require a permit, but may be reviewed by the City Engineer.
      2.   Grading activities that involve disturbance of one acre or more, relocation of 500 cubic yards or more, and/or are located adjacent to a watercourse or within a Special Flood Hazard Area require a sediment control permit and a grading permit.
      3.   Paving of 10,000 square feet or more require a paving permit.
      4.   Resurfacing of previously paved areas that does not involve land disturbance does not require a paving permit or review.
   6-4(S)(4)(c)   Regardless of the size of a project, grading, paving, or staging activities within a Special Flood Hazard Area requires a floodplain development permit.
   6-4(S)(4)(d)   Any building over 1,000 square feet requires a grading plan as part of the application for building permit.
   6-4(S)(5)   Landfill Gas Mitigation Approval
   6-4(S)(5)(a)   Standards and procedures for obtaining a landfill gas mitigation approval are generally governed by the City Environmental Health Department, whose applicable standards and procedures, including any applicable federal, State, and local laws, regulations, and policies, including but not limited to Subsection 20.6.2.4103.A of the New Mexico Administrative Code (NMAC), prevail over the IDO or DPM. In case of a conflict between the provisions of this Subsection 14-16-6-4(S)(5) and the standards and procedures of the DPM, the DPM shall prevail.
   6-4(S)(5)(b)   This Subsection 14-16-6-4(S)(5) is not intended to affect planning or administrative processes that are not associated with physical changes to the lot other than to raise awareness of procedures related to landfill gases that must be undertaken prior to development.
   6-4(S)(5)(c)   A landfill gas mitigation approval is required for all of the following types of permits or applications on any property within a landfill gas buffer area pursuant to Subsection 14-16-5-2(I) (Landfill Buffers) in addition to any other applicable review and approval requirements:
      1.   Grading, Drainage, and Paving Approvals or Fugitive Dust Control Construction Permit.
      2.   Permit – Sign for new freestanding sign.
      3.   Permit – Wall or Fence – Minor.
      4.   Site Plan – Administrative.
      5.   Wireless Telecommunications Facility Approval for a new freestanding facility.
      6.   Master Development Plan.
      7.   Site Plan – DRB.
      8.   Site Plan – EPC.
      9.   Subdivision of Land – Minor.
      10.   Subdivision of Land – Major.
   6-4(S)(5)(d)   In order to obtain a landfill gas mitigation approval, the applicant must to do all of the following:
      1.   The applicant shall provide an assessment and report performed and certified by a professional engineer with expertise in landfills and landfill gas to determine if landfill gases exist on the lot and whether there is a potential for the migration of landfill gases to impact the lot or other lots in the future.
      2.   If the assessment determines that landfill gases exist on the lot or there is a potential for the migration of landfill gases to impact the lot or other lots in the future, the report shall identify landfill gas mitigation measures that are adequate to address any existing or future risk in a landfill gas mitigation plan that meets the following requirements:
         a.   The applicant shall submit copies of the assessment, report, and landfill gas mitigation plan, approved by the City Environmental Health Department, with any application(s) listed in Subsection 14-16-6-4(S)(5)(c) related to the property.
         b.   The applicant shall commit in writing to the landfill gas mitigation plan as a condition of approval on all official documents, including but not limited to plats, plans, and permits, filed at the City Planning Department in relation to development of the property. In the case of a large corporation, this letter of commitment shall be signed by a representative with the authority to commit the corporation to implementing the landfill gas mitigation plan.
         c.   The City Environmental Health Department shall acknowledge receipt of the letter of commitment to the applicant and provide a copy to the City Planning Department for filing.
         d.   The applicant shall include the following disclosure statement on any official documents filed at the Planning Department in relation to development of the property such as plats, plans, or permits:
“The subject property is located (near / on) a (closed / operating) landfill. Due to the subject property being (near / on) a (closed / operating) landfill, certain precautionary measures may need to be taken to ensure the health and safety of the public. Recommendations made by a professional engineer with expertise in landfills and landfill gas issues (as required by the most current version of the Interim Guidelines for Development within City Designated Landfill Buffer Zones of the City Environmental Health Department) shall be consulted prior to development of the site.”
         e.   The City Environmental Health Department shall refer any development that appears to require regulation by the State due to removal of landfill materials, such as for grading or required off-site infrastructure, to the New Mexico Environment Department – Solid Waste Bureau.
      3.   If the assessment and report indicate that there is no landfill gas at the property and there is no future risk from the migration of landfill gases, the assessment and report shall state how such a determination was made and the applicant shall do all of the following:
         a.   Submit copies of the assessment and report approved by the Environmental Health Department with any application(s) listed in Subsection 14-16-6-4(S)(5)(c) related to the property.
         b.   Include the disclosure statement in Subsection 2.d above on any official documents filed at the Planning Department in relation to the development such as plats, plans, or permits.
      4.   The Environmental Services Division of the City Environmental Health Department or its consultant shall review the assessment and report, and landfill gas mitigation plan if applicable, and shall approve or reject them in writing within 20 business days of its submission. If the documents are not acceptable, the City Environment Health Department shall advise the applicant of the changes needed and the applicant shall submit revised documents for review and approval.
   6-4(S)(5)(e)   Landfill gas mitigation approvals are on file at the City Planning Department.
   6-4(T)   TIMING OF DECISIONS
   6-4(T)(1)   The City shall review and make decisions on applications under this IDO as promptly as reasonably possible while complying with the requirements of this IDO, any other requirements that may be provided by law, and as set forth in more detail in the DPM.
   6-4(T)(2)   In the case of an application for a permit or approval or an amendment to a permit or approval for any land use involving rights protected by the First Amendment to the U.S. Constitution or similar provisions in the New Mexico Constitution, the City will make a final decision on a complete application (and if the decision is subject to an appeal to the City Council, will make a decision on the appeal) within any specific timeframes established in this IDO or as necessary to avoid a chilling effect on the exercise of those constitutional rights, as interpreted by applicable federal or State court decisions.
   6-4(T)(3)   In the case of an application where the City Council is the decision-making body, except for Annexations, once the relevant decision-making body has made a recommendation on the application, the Planning Director shall prepare and transmit the full record of the application to the Clerk of the City Council within 60 calendar days of the recommendation. The Clerk of the City Council shall place the application on the Letter of Introduction for the next regularly scheduled City Council meeting, provided that there is a sponsoring City Councilor and provided that there are at least 3 business days between when it was received and the next regular meeting.
   6-4(T)(4)   In the case of an application for an approval or an amendment to an approval for a WTF, the City shall make a decision on a complete application (and if the decision is subject to appeal to the City Council, will make a decision on the appeal) in accordance with timing established by federal regulations.
   6-4(T)(5)   In the case of an application for demolition of a City landmark, the City shall make a decision within the timeframe established in Subsection 14-16-6-6(D) (Historic Certificate of Appropriateness – Major).
   6-4(T)(6)   If a case is not heard by the relevant decision-making body within 6 months after the application is accepted as complete because of continued requests for deferral by the applicant or because the applicant fails to appear at the scheduled hearing date, the application is considered withdrawn, and a new application that meets all requirements of this IDO must be submitted.
   6-4(T)(7)   If any application has not been reviewed and decided within 3 years after the application is accepted as complete, a new application must be submitted and processed in compliance with all requirements of this IDO, unless an extension is granted by the relevant decision-making body.
   6-4(U)   FINALITY OF DECISIONS
   6-4(U)(1)   A decision on any application type other than Preliminary Plat by any decision-making body shown in Table 6-1-1 is final unless appealed, in which case it is not final until the appeal has been decided by the last appeal body. As a preliminary approval, a Preliminary Plat is not considered a final decision that can be appealed.
   6-4(U)(2)   A recommendation, deferral, continuance, or remand by any entity shown in Table 6-1-1 is not a final decision and cannot be appealed.
   6-4(U)(3)   City Council decisions on quasi-judicial matters are final decisions not subject to veto by the Mayor and are appealable only to a court of competent jurisdiction as provided by law.
   6-4(U)(4)   Any actions taken by an applicant or property owner after a final decision has been made by the relevant decision-making body in Table 6-1-1, but before the time for appeal of that decision has expired or before any appeal has been decided by the last appeal body, are at the risk of the applicant or property owner, and the City shall not be liable for any damages incurred for actions taken during those times.
   6-4(V)   APPEALS
   6-4(V)(1)   Appeal Bodies
   6-4(V)(1)(a)   Any decision by the Historic Preservation Planner on a Historic Certificate of Appropriateness – Minor may be appealed to the LC.
   6-4(V)(1)(b)   Any decision by City Planning Department staff on an Impact Fee Assessment may be appealed to the EPC.
   6-4(V)(1)(c)   The following approvals and decisions may be appealed to the City Council through the LUHO:
      1.   All decisions for which the City Council has final decision-making authority for appeals pursuant to Table 6-1-1, including the LC’s decision on an appeal of a Historic Certificate of Appropriateness – Minor pursuant to Subsection (a) above.
      2.   The EPC’s decision on an appeal of an impact fee assessment, pursuant to Subsection (b) above.
      3.   The ZEO’s decision on a declaratory ruling.
      4.   In an appeal to the City Council through the LUHO, the LUHO shall do 1 of the following:
         a.   Recommend a proposed disposition of the appeal to the City Council with supporting analysis and findings. The LUHO may recommend that an appeal be affirmed in whole or in part, reversed in whole or in part, and/or remanded in whole or in part.
         b.   Directly remand an appeal for reconsideration or further review by the lower decision-making body if a remand is necessary to clarify or supplement the record or if remand would more expeditiously dispose of the matter.
   6-4(V)(1)(d)   Any decision related to compliance with Articles 14-1, 14-3, and 14-5 of ROA 1994 (Uniform Administrative Code and Technical Codes, Uniform Housing Code, and Flood Hazard and Drainage Control) by City Planning Department staff for a building permit or other construction approval may be appealed pursuant to the applicable sections of those codes.
   6-4(V)(2)   Who May Appeal
   6-4(V)(2)(a)   Standing
   Standing to appeal a final decision may be granted to any of the following parties.
      1.   The owner of the property listed in the application.
      2.   A representative of any City department, City agency, or other governmental or quasi-governmental agency whose services, properties, facilities, interest, or operations may be affected by the application.
      3.   Any party appealing the following decisions:
         a.   Declaratory Ruling
         b.   Adoption or Amendment of Albuquerque/Bernalillo County Comprehensive Plan
      4.   Any other person or organization that can demonstrate that his/her/its property rights or other legal rights have been specially and adversely affected by the decision.
         a.   Such showing must be presented by the appellant as part of the appeal, and the LUHO or City Council shall enter a finding or findings as to whether this requirement has been met.
         b.   If it is found that the appellant cannot satisfy this standard, the appeal shall be denied.
      5.   Property owners (other than the applicant) and Neighborhood Associations on the basis of proximity for decisions as specified in Table 6-4-2.
         a.   Distances noted in feet in Table 6-4-2 are measured from the nearest lot line of the subject property. Where the edge of that area falls within a public right-of-way, adjacent properties shall be included.
         b.   Distances for Neighborhood Associations are based on the boundary on file with the ONC at the time the application for decision related to the subject property was accepted as complete.
         c.   Where proximity is noted as “Includes or Is Adjacent,” the Neighborhood Association boundary includes or is adjacent to the subject property.
         d.   For application types with no distance specified, the final decision may be appealed pursuant to the Subsection indicated in Table 6-4-2.
Table 6-4-2: Standing for Appeals Based on Proximity to Subject Property
Application Type
Property Owners within Distance Specified
Neighborhood Associations within Distance Specified
Table 6-4-2: Standing for Appeals Based on Proximity to Subject Property
Application Type
Property Owners within Distance Specified
Neighborhood Associations within Distance Specified
Administrative Decisions
Archaeological Certificate
100 ft.
Includes or Is Adjacent
Declaratory Ruling
14-16-6-4(V)(2)(a)3
Historic Certificate of Appropriateness – Minor
100 ft.
Includes or Is Adjacent
Impact Fee Assessment
14-16-6-4(V)(2)(a)4
Permit – Sign
Permit
100 ft.
Includes or Is Adjacent
Alternative Signage Plan
330 ft.
660 ft.
Permit – Temporary Use
100 ft.
Includes or Is Adjacent
Permit – Wall or Fence – Minor
100 ft.
Includes or Is Adjacent
Site Plan – Administrative
100 ft.
Includes or Is Adjacent
Wireless Telecommunications Facility Approval
330 ft.
660 ft.
Decisions Requiring a Public Meeting or Hearing
Conditional Use Approval
330 ft.
660 ft.
Demolition Outside of an HPO
330 ft.
660 ft.
Expansion of Nonconforming Use or Structure
100 ft.
Includes or Is Adjacent
Historic Certificate of Appropriateness – Major
330 ft.
660 ft.
Historic Design Standards and Guidelines
330 ft.
660 ft.
Master Development Plan
330 ft.
660 ft.
Permit – Carport
100 ft.
Includes or Is Adjacent
Permit – Wall or Fence – Major
100 ft.
Includes or Is Adjacent
Site Plan – DRB
330 ft.
660 ft.
Site Plan – EPC
330 ft.
660 ft.
Subdivision of Land – Minor
100 ft.
Includes or Is Adjacent
Subdivision of Land – Major
Preliminary Plat[1]
N/A
N/A
Bulk Land Subdivision
100 ft.
Includes or Is Adjacent
Final Plat
330 ft.
660 ft.
Vacation of Easement, Private Way, or Public Right-of-way
Vacation of Public or Private Easement
100 ft.
Includes or Is Adjacent
Vacation of Public Right-of-way –
City Council
330 ft.
660 ft.
Vacation of Public Right-of-way – DRB
100 ft.
Includes or Is Adjacent
Variance – EPC
330 ft.
660 ft.
Variance – ZHE
100 ft.
Includes or Is Adjacent
Waiver – DRB
100 ft.
Includes or Is Adjacent
Waiver – Wireless Telecommunications Facility
330 ft.
660 ft.
Policy Decisions
Adoption or Amendment of Comprehensive Plan
14-16-6-4(V)(2)(a)3
Adoption or Amendment of Facility Plan
14-16-6-4(V)(2)(a)4
Adoption or Amendment of Historic Designation
330 ft.
660 ft.
Amendment to IDO Text – Citywide
14-16-6-4(V)(2)(a)4
Amendment to IDO Text – Small Area
330 ft.
660 ft.
Annexation of Land
330 ft.
660 ft.
Zoning Map Amendment – EPC
330 ft.
660 ft.
Zoning Map Amendment – Council
330 ft.
660 ft.
[1] This decision is not appealable because it is not a final decision.
 
   6-4(V)(2)(b)   Appearance of Record Required
      1.   For Decisions Requiring a Public Meeting or Hearing and Policy Decisions (per Table 6-1-1), the appellant must have made an appearance of record to have standing to appeal, except in cases where an appellant is alleging improper notice.
      2.   An appearance of record can be made through any of the following:
         a.   The initial submittal of an application for a decision listed in Table 6-1-1.
         b.   The submittal of written comments that include the eventual appellant’s name and contact information about the subject case submitted to the relevant decision-making body during the review process within the deadline for written comments prior to the decision.
         c.   Verbal comments made by the eventual appellant or appellant’s agent provided at a public meeting or hearing about the subject case during the review process before the relevant decision-making body.
   6-4(V)(3)   Procedure
   6-4(V)(3)(a)   Filing an Appeal
      1.   An appeal must be filed with the Planning Director within 15 calendar days, excluding holidays listed in Part 3-1-12 of ROA 1994 (Legal Holidays), after the decision.
         a.   The date that the decision was made is not included in the 15-day period for filing an appeal.
         b.   The Planning Director shall not accept appeals filed after the 15-day deadline in Subsection a above has passed.
      2.   For Declaratory Rulings, there is no deadline for appealing the decision.
      3.   The appeal shall specifically state the section of this IDO, City regulation, or condition attached to a decision that has not been interpreted or applied correctly.
   6-4(V)(3)(b)   Landmarks Commission – Appeal of Historic Certificate of Appropriateness – Minor
      1.   Once an appeal has been accepted by the Planning Director, the City Planning Department staff (Historic Preservation planner) shall prepare and transmit a record of the appeal together with all appeal material received from the appellant the property owner and appellant(s) and to the LC. The LC shall schedule a hearing on the matter within 45 calendar days of receipt. The Historic Preservation Planner shall notify the parties. Appellants and parties to the appeal may submit written arguments to the LC so long as the written argument is received by LC staff at least 10 calendar days prior to the hearing.
      2.   The LC may accept new evidence into the record if it appears that such additional evidence is necessary for the proper disposition of the matter and could not have been placed into the record during the previous decision-making process. New evidence that clarifies evidence already in the record, that is offered to contradict evidence in the record, or that is offered on a key factual issue, may be allowed or may justify remand.
      3.   The LC may impose reasonable limitations on the number of witnesses heard and on the nature and length of their testimony and cross-examination.
      4.   The LC shall make findings exclusively on the record of the decision appealed, supplemented by any evidence allowed at the hearing.
      5.   The LC may affirm, reverse, or otherwise modify the lower decision to bring it into compliance with the standards and criteria of this IDO, applicable City regulations, and any prior approvals related to the subject property.
      6.   If the LC determines that the matter should be remanded, the LC shall set forth the reason(s) for the remand and the matters to be reconsidered and may order such remand. The matter must be heard and decided by the original decision-making body prior to any further appeal of the matter.
   6-4(V)(3)(c)   Environmental Planning Commission – Appeal of an Impact Fee Assessment
      1.   Once an appeal has been accepted by the Planning Director, the City Planning Department staff shall prepare and transmit a record of the appeal together with all appeal material received from the appellant to the property owner and appellant(s) and to the EPC. The EPC shall schedule a hearing on the matter within 45 calendar days of receipt. City Planning Department staff shall notify the parties. Appellants and parties to the appeal may submit written arguments to the EPC so long as the written argument is received by EPC staff at least 10 calendar days prior to the hearing.
      2.   The EPC may accept new evidence into the record if it appears that such additional evidence is necessary for the proper disposition of the matter and could not have been placed into the record during the previous decision-making process. New evidence that clarifies evidence already in the record, that is offered to contradict evidence in the record, or that is offered on a key factual issue, may be allowed or may justify remand.
      3.   The EPC may impose reasonable limitations on the number of witnesses heard and on the nature and length of their testimony and cross-examination.
      4.   The EPC shall make findings exclusively on the record of the decision appealed, supplemented by any evidence allowed at the hearing.
      5.   The EPC may affirm, reverse, or otherwise modify the lower decision to bring it into compliance with the standards and criteria of this IDO, applicable City regulations, and any prior approvals related to the subject property.
      6.   If the EPC determines that the matter should be remanded, the EPC shall set forth the reason(s) for the remand and the matters to be reconsidered and may order such remand. The matter must be heard and decided by the original decision-making body prior to any further appeal of the matter.
   6-4(V)(3)(d)   Land Use Hearing Officer (LUHO)
      1.   Once an appeal has been accepted by the Planning Director, the Planning Director shall prepare and transmit a record of the appeal together with all appeal material received from the appellant to impacted parties and to the LUHO through the Clerk of the City Council. The LUHO shall schedule a hearing on the matter within 30 calendar days of receipt and notify the parties. Appellants and parties to the appeal may submit written arguments to the LUHO through the Clerk of the City Council so long as the written argument is received by the Clerk of the City Council at least 10 calendar days prior to the hearing.
      2.   The LUHO may accept new evidence into the record if it appears that such additional evidence is necessary for the proper disposition of the matter and could not have been placed into the record during the previous decision-making process. New evidence that clarifies evidence already in the record, that is offered to contradict evidence in the record, or that is offered on a key factual issue, may be allowed or may justify remand.
      3.   The LUHO may impose reasonable limitations on the number of witnesses heard and on the nature and length of their testimony and cross-examination.
      4.   The LUHO shall make findings exclusively on the record of the decision appealed, supplemented by any evidence allowed at the hearing.
      5.   The LUHO may recommend that the City Council affirm, reverse, or otherwise modify the lower decision to bring it into compliance with the standards and criteria of this IDO, applicable City regulations, and any prior approvals related to the subject property.
      6.   If the LUHO determines that the matter should be remanded, the LUHO shall set forth the reason(s) for the remand and the matters to be reconsidered and may order such remand without approval by the City Council.
   6-4(V)(3)(e)   City Council
      1.   If the appeal is not directly remanded, the LUHO shall forward the recommendation and findings and a transcription of the LUHO’s public hearing to City Council within 15 calendar days after the close of the hearing.
      2.   The City Council shall place the matter on the agenda of the next regular City Council meeting at which land use, planning, and zoning matters are heard following its receipt of the LUHO’s recommendation, provided that there is a period of at least 10 calendar days between the receipt of the recommendation and the City Council meeting. The parties may submit written comments to the City Council regarding the LUHO’s recommendation and findings provided that such comments are received by the Clerk of the City Council and all other parties of record no later than 4 calendar days prior to the City Council meeting.
      3.   At that meeting, the City Council shall vote whether to accept or reject LUHO’s recommendation and findings. A motion to accept or reject the LUHO’s recommendation and findings must be approved by a majority vote of the entire membership of the City Council.
      4.   The City Council may accept a portion of the LUHO’s recommendation and findings and reject the remainder. If the LUHO’s recommendation is rejected in whole or in part, or if the City Council fails to either accept or reject the recommendation, the City Council may take 1 of the following actions:
         a.   Remand the matter for reconsideration or further review by a lower decision-making body if necessary to clarify or supplement the record, or if remand would more expeditiously dispose of the matter.
         b.   Make a final determination on the appeal and adopt findings in support of its determination based only on the record without any additional hearings.
         c.   If the City Council determines that it cannot properly dispose of the appeal without additional hearings on the matter, schedule a full hearing on the matter no earlier than the next regular meeting at which land use matters are heard.
      5.   If the City Council fails to accept or reject the LUHO’s recommendation and no other motions are made or approved, the appeal will be scheduled for a full hearing on the matter at the next regular meeting of the City Council.
      6.   If the matter is scheduled for a hearing before the City Council, the Clerk of the City Council shall notify the parties to the appeal. The parties may present oral argument at the hearing pursuant to hearing procedures as established by rule of the City Council. However, the City Council shall not accept new evidence and shall make its final decision based solely on the evidence in the record at the close of the LUHO’s hearing and the oral arguments of the parties. A vote of the City Council to reverse a lower decision must be approved by a majority of the entire membership of the City Council.
      7.   If the City Council conducts a public hearing on the appeal, the City Council shall adopt written findings at the conclusion of that hearing or at the next scheduled meeting of the City Council; however, a City Councilor who did not participate in the action taken on the appeal may not participate in the action to adopt the findings at a subsequent meeting.
   6-4(V)(4)   Criteria for Decision
   The criteria for review of an appeal shall be whether the decision-making body or the prior appeal body made 1 of the following mistakes:
   6-4(V)(4)(a)   The decision-making body or the prior appeal body acted fraudulently, arbitrarily, or capriciously.
   6-4(V)(4)(b)   The decision being appealed is not supported by substantial evidence.
   6-4(V)(4)(c)   The decision-making body or the prior appeal body erred in applying the requirements of this IDO (or a plan, policy, or regulation referenced in the review and decision-making criteria for the type of decision being appealed).
   6-4(W)   JUDICIAL REVIEW
   A decision of the City Council is final but is subject to judicial review pursuant to New Mexico law.
   6-4(X)   EXPIRATION OF APPROVALS
   6-4(X)(1)   Permits and Approvals Run with the Land
   Unless specified otherwise on the permit or approval document for a specific type of development approval, permits and approvals run with the land and are not affected by changes in ownership or the form of ownership of the property.
   6-4(X)(2)   Expiration or Repeal of Approvals 8
   Unless specified otherwise in this IDO, the DPM, an IIA, a Development Agreement approved by the City, or the terms attached to a permit or approval, each permit or approval shall be valid for the period of time shown in Table 6-4-3 and shall be of no force or effect after that time has passed, unless any of the following applies:
   6-4(X)(2)(a)   The period of validity is extended pursuant to Subsection 14-16-6-4(X)(4) (Extensions of Period of Validity) or another provision of this IDO or the DPM.
   6-4(X)(2)(b)   The applicant, property owner, or an agent of the applicant or property owner has begun construction, use, or occupancy of the property within the time shown in Table 6-4-3 for the relevant type of permit or approval. For the purposes of this Subsection 14-16-6-4(X)(2), construction does not include site grading, but does include the installation of required infrastructure. For additional provisions specific to Site Plans and Master Development Plans, see Subsection 14-16-6-4(X)(3)(a).
   6-4(X)(2)(c)   On properties that have not been developed pursuant to thresholds established in Subsection 14-16-6-4(X)(3)(a), the applicant, property owner, or an agent of the applicant or property owner has applied to the decision-making body that originally approved the site plan to accelerate the expiration and the decision-making body has agreed to set an accelerated expiration date. The decision-making body that approved the original site plan shall be the decision-making body to repeal the site plan. The decision-making body may specify an expiration date for the site plan as part of the repeal decision; otherwise, the hearing date at which the decision to repeal was made is to be considered the expiration date. For the purposes of this IDO, the repeal shall be pursuant to the Major Amendment procedures in Subsection 14-16-6-4(Y)(3). 282
Table 6-4-3: Permit and Approval Expirations
Type of Approval
Period of Validity
Table 6-4-3: Permit and Approval Expirations
Type of Approval
Period of Validity
Administrative Decisions
Archaeological Certificate
Expires with associated development approval
Building Permit
1 year
Declaratory Ruling
Does not expire, unless the section(s) of the IDO to which the ruling relates is amended
Development Agreement
As stated in Development Agreement
Grading, Drainage, or Paving Approval
1 year
Historic Certificate of Appropriateness – Minor
1 year
Impact Fee Assessment
4 years
Permit – Sign / Alternative Signage Plan
1 year
Permit – Temporary Use
As stated in the Temporary Use Permit
Permit – Temporary Window Wrap
6 months, or until 50% or more of the gross floor area of the ground floor is leased, whichever occurs sooner
Permit – Wall or Fence – Minor
1 year
Site Plan – Administrative
5 years
Wireless Telecommunications Facility Approval
5 years
Decisions Requiring a Public Meeting or Hearing
Conditional Use Approval
1 year after issuance if use is not begun, or 1 year after use is discontinued or fails to operate
Demolition Outside of an HPO
N/A
Expansion of Nonconforming Use or Structure
1 year
Historic Certificate of Appropriateness – Major
1 year
Historic Design Standards and Guidelines
Does not expire
Master Development Plan
7 years
Permit – Carport
1 year
Permit – Wall or Fence – Minor
1 year
Site Plan – DRB
7 years
Site Plan – EPC
7 years
Subdivision of Land – Minor
Does not expire once timely recorded
Subdivision of Land – Major
Preliminary Plat
1 year
Bulk Land Subdivision
1 year or until a Preliminary Plat is approved
Final Plat
Does not expire once timely recorded
Vacation of Easement, Private Way, or Public Right-of-way
1 year, if not platted
Variance – EPC
Expires with associated Site Plan
Variance – ZHE
1 year
Waiver – DRB
1 year, if not platted /
Expires with associated Site Plan
Waiver – Wireless Telecommunications Facility
Does not expire
Policy Decisions
Adoption or Amendment of Comprehensive Plan
Does not expire
Adoption or Amendment of Facility Plan
Does not expire
Adoption or Amendment of Historic Designation
Does not expire
Amendment to IDO Text – Citywide
Does not expire
Amendment to IDO Text – Small Area
Does not expire
Annexation of Land
Does not expire
Zoning Map Amendment – EPC
Does not expire
Zoning Map Amendment – Council
Does not expire
 
   6-4(X)(3)   Exceptions to Period of Validity
   6-4(X)(3)(a)   If the type and amount of development on the subject property meets the following thresholds, as applicable for the type of Site Plan or Master Development Plan approved, the approved plan will not expire.
      1.   Site Plan – Administrative
      If the Site Plan was approved for land on which on-site infrastructure did not exist at the time of approval, then at least 50 percent of the site area or 50 percent of the approved gross floor area has been developed.
      2.   Site Plan – DRB, Site Plan – EPC, or Master Development Plan
         a.   If the Site Plan or Master Development Plan was approved for land on which on-site infrastructure did not exist at the time of approval, then at least 75 percent of the required on-site drainage infrastructure for the property, or if the Plan defines more than one phase of development, then for the first defined phase, has been installed.
         b.   If the Site Plan or Master Development Plan was approved for land on which at least 75 percent of required on-site drainage infrastructure was in place at the time of approval, then at least 25 percent of the approved gross floor area for primary buildings on the property, or if the Plan defines more than one phase of development, then for the first defined phase, has been constructed.
   6-4(X)(3)(b)   Any permit or approval of a type listed in Table 6-4-3 that was approved by the City before the effective date of this IDO, shall expire on one of the following dates, whichever occurs sooner:
      1.   The date listed in that permit or approval or in any regulation of the City establishing an expiration of the permit or approval that was applicable before the effective date of this IDO.
      2.   The date on which that type of permit or approval would expire if it were approved by the City on the effective date of this IDO.
   6-4(X)(4)   Extensions of Period of Validity
   6-4(X)(4)(a)   General Provisions
      1.   For each permit or approval for which Table 6-4-3 shows an expiration period, except an impact fee assessment or a Site Plan, the original decision-making body may approve 1 extension of validity for good cause shown for a time not to exceed the original period of validity for that permit or approval, provided that all of the following requirements are met:
         a.   The applicant or property owner submits a written request for the time extension before the expiration of the original permit or approval with the Planning Director.
         b.   The extension is considered and a decision made by the same decision-making body as the initial approval, except that no public meeting or hearing shall be required, if one would have been required under the IDO for the initial approval.
      2.   If an application to extend the validity of a permit or approval listed in Table 6-4-3 is received before the permit or approval expires, but the decision-making body authorized to grant an extension does not meet between the date of the application and the date on which the permit or approval expires, the period of validity shall automatically be extended until the next meeting date of the body authorized to grant an extension.
      3.   Impact fee assessments and any Permit – Sign for an electronic sign may not be extended.
   6-4(X)(4)(b)   Additional Provisions for Extensions of Approved Site Plans
      1.   The decision-making body that originally approved the Site Plan may grant 1 extension of validity for a time not to exceed the original period of validity if it determines that at least 1 of the following provisions applies:
         a.   The Site Plan is still consistent with current or desired conditions on the property and surrounding areas and the owner intends to fully develop the site according to the Site Plan.
         b.   There is little flexibility in how the site can be developed.
         c.   There is a strong architectural or landscaping character on the site that should be preserved and that development according to the Site Plan will preserve that architectural or landscaping character.
      2.   An extension of an approved Site Plan – DRB or Site Plan – EPC for phased development of the site may be approved if the decision-making body determines that all of the following provisions apply:
         a.   At last 50 percent of the first phase has been developed.
         b.   The extension of the Site Plan is for later phases of the Site Plan.
         c.   The Site Plan as previously approved is likely to be built in the future.
      3.   Any extension of a Site Plan – DRB or Site Plan – EPC shall require a new meeting with the DRB or EPC, as applicable, and may require an update of any Traffic Impact Study (TIS) prepared for that Site Plan if the prior TIS is more than 5 years old and the City Engineer determines that background or anticipated traffic volumes or patterns in the surrounding area have changed since the TIS was prepared.
   6-4(X)(4)(c)   Additional Provisions for Extensions of Preliminary Plats
   In addition to the general provisions in Subsection (a) above, additional extensions for Preliminary Plats may be granted by the DRB for good cause, but the Preliminary Plat may be required to come into compliance with any applicable standards adopted since the application was submitted.
   6-4(Y)   AMENDMENTS OF APPROVALS
   After the City issues an approval under this IDO, the approval may be amended as described in this Subsection 14-16-6-4(Y).
   6-4(Y)(1)   Applicability
   6-4(Y)(1)(a)   This Subsection 14-16-6-4(Y) addresses applications for amendments to permits, approvals, or plans that comply with all Use-specific Standards in Section 14-16-4-3, all Development Standards in Part 14-16-5 (Development Standards), and all DPM standards applicable to the development. If the applicant is requesting an amendment that would require a Waiver or Variance from any of these standards, a separate request must be submitted pursuant to the relevant procedure, as follows:
      1.   Subsection 14-16-6-6(P) (Waiver – DRB) for exceptions to any standards in Section 14-16-5-4 (Subdivision of Land), Section 14-16-5-3 (Access and Connectivity), Section 14-16-5-5 (Parking and Loading), except the following:
         a.   Standards in Subsection 14-16-5-5(F)(2)(a)3, which require a Permit – Carport for carports in any front or side setback pursuant to Subsection 14-16-6-6(G).
         b.   Standards related to front yard parking in Subsection 14-16-5-5(F)(1)(a)6, Subsection 14-16-5-5(F)(2)(a)2, or Table 5-5-6, which require a Variance – ZHE pursuant to Subsection 14-16-6-6(O).
      2.   Subsection 14-16-6-6(Q) (Waiver – Wireless Telecommunications Facility) for deviations from IDO standards applicable to the erection or installation of a WTF.
      3.   Subsection 14-16-6-6(N) (Variance – EPC) for exceptions to any IDO standard other than those listed in Subsections 1 and 2 above for approvals associated with a Site Plan – EPC.
      4.   Subsection 14-16 6-6(O) (Variance – ZHE) for exceptions to any IDO standard other than those listed in Subsection 1 and 2 above for any approval other than a Site Plan – EPC.
   6-4(Y)(1)(b)   Amendments to Policy Decisions (as listed in Table 6-1-1) shall be reviewed pursuant to the relevant requirements in Section 14-16-6-7.
   6-4(Y)(1)(c)   Approvals granted prior to the effective date of this IDO may be amended by the procedures in Subsection 14-16-6-4(Z). 283
   6-4(Y)(2)   Minor Amendments
   6-4(Y)(2)(a)   A minor amendment must meet all of the following criteria:
      1.   The amendment is necessary because of site conditions or user requirements that were not known, and could not reasonably have been known, at the time the City approved the approval that is proposed to be amended, and that were not created by the actions of the owner of the property.
      2.   The amendment does not increase or decrease the dimension of any standard beyond the thresholds allowed as minor amendments pursuant to Table 6-4-4 (cumulative of any earlier deviations or amendments).
      3.   The amendment does not decrease the total amount of open space in the development and does not reduce the size of any open space abutting a lot containing a residential use.
      4.   The amendment does not reduce any building setback adjacent to development containing residential uses by any amount.
      5.   The amendment does not increase the maximum number of residential dwelling units in the development from that shown in the existing permit, approval, or plan. If the property is located in a DT-UC-MS-PT area, the amendment does not decrease the required number of residential dwelling units in the development from that shown in the existing permit, approval, or plan.
      6.   The amendment does not adjust a building design standard unless doing so improves the perception of building quality, variety, durability, and articulation when viewed from adjacent streets and abutting properties.
      7.   The amendment does not reduce the amount of total landscaping installed on the subject property or the amount of screening or buffering required on portions of the site abutting any property containing residential dwelling units and does not waive or weaken any other landscaping or buffering requirement unless the ZEO determines that alternative building design elements included in the amendment improve the visual quality and screening and buffering effect of landscaping as viewed from adjacent streets and public areas.
      8.   The amendment does not increase the traffic accessing the subject property from local streets and does not increase or decrease the number of through streets, sidewalks, trails, or trail connections passing through the property or connecting to or designed to connect to abutting properties.
      9.   The amendment does not require major public infrastructure or significant changes to access or circulation patterns on the subject property.
      10.   The amendment does not change a specific condition attached by a decision-making body listed in Table 6-1-1 to a prior development permit, approval, or plan for or including the subject property. For example, a specific condition attached to a prior approval requiring additional buffering to mitigate development impacts shall not be removed through a minor amendment process.
      11.   The amendment does not affect a property in an Overlay zone as regulated pursuant to 0, in which case amendments may be granted per the original approval process for the Site Plan governing the site.
      12.   The amendment does not approve any land use that was not authorized by the permit or approval or that is not allowed by right on the subject property.
      13.   The amendment does not expand a nonconformity as regulated per Section 14-16-6-8 (Nonconformities).
   6-4(Y)(2)(b)   If the Planning Director determines that an amendment warrants review by the decision-making body that issued the permit or approval being amended, the amendment shall be reviewed and approved pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments).
   6-4(Y)(2)(c)   Requests to amend approvals shall be reviewed according to 1 of the following procedures:
      1.   Applications to amend an Administrative Decision (as listed in Table 6-1-1) may be approved by the same administrative body that made the decision being modified, provided that the administrative body determines that all of the criteria in Subsection 14-16-6-4(X)(2)(a) have been met.
      2.   Applications to amend a Decision Requiring a Public Meeting or Hearing (as listed in Table 6-1-1) may be approved by the ZEO provided that the ZEO determines that all of the criteria in Subsection 14-16-6-4(X)(2)(a) have been met.
Table 6-4-4: Allowable Minor Amendments 284
Standard
Maximum Threshold (Cumulative of Earlier Approved Deviations and/or Amendments)
General
Lot =10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change
Table 6-4-4: Allowable Minor Amendments 284
Standard
Maximum Threshold (Cumulative of Earlier Approved Deviations and/or Amendments)
General
Lot =10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change
Building gross floor area
10%
Front setback, minimum
15%
Side setback, minimum
15%
50%
Rear setback, minimum
10%
50%
Building height, maximum
Increase: 10%
Decrease: any amount
Wall and fence height
6 in.
Any other numerical standard
10%
Any other addition or revision that would otherwise be decided as a Permit – Sign, Permit – Wall or Fence – Minor, or Site Plan – Administrative
Any amount that meets requirements specified in the approved Permit or Site Plan or, if the Permit or Site Plan is silent, the IDO
All rooftop installations and ground-mounted installations of solar or wind energy generation on premises less than 5 acres
Any amount to accommodate the installation that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO
All additions or modifications of battery storage on premises less than 5 acres
Any amount to accommodate the addition that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO
Changing the site layout of an electric facility other than an electric generation facility
Any amount to accommodate the change that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO
Any standard cited in an application for “reasonable accommodation” or “reasonable modification” under the federal Fair Housing Act Amendments of 1998 (or as amended)
The minimum deviation necessary to comply with the federal Fair Housing Act Amendments
 
   6-4(Y)(3)   Major Amendments 285
   All amendments to permits or approvals that do not qualify as minor amendments under Subsection (2) above may only be approved by the decision-making body that issued the permit or approval being amended, following the same procedure (including the payment of a new application fee, new process of staff referral, and any required public notice or public meeting or hearing) used to issue the original permit or approval. Repeals are processed as major amendments for the purpose of this IDO.
   6-4(Z)   AMENDMENTS OF PRE-IDO APPROVALS
   Approvals granted prior to the effective date of this IDO may be amended as described in this Subsection 14-16-6-4(Z).
   6-4(Z)(1)   Site Development Plans
   This Subsection 14-16-6-4(Z) addresses applications for amendments to site development plans approved prior to the effective date of this IDO.
   6-4(Z)(1)(a)   Minor Amendments
   The Planning Director may grant minor amendments that meet the following requirements:
      1.   The existing site development plan specifies the requirements in place at the time of approval, and the requested change still meets the original requirements.
      2.   The requested change is within the thresholds for minor amendments established in Table 6-4-4, cumulative of prior deviations or minor amendments.
      3.   The requested change does not require major public infrastructure or significant changes to access or circulation patterns on the site, which would warrant additional review by the original decision-making body.
      4.   No deviations, Variances, or Waivers shall be granted for minor amendments.
   6-4(Z)(1)(b)   Major Amendments
   All requested amendments that do not qualify as minor amendments pursuant to Subsection (a) above shall be subject to relevant IDO standards, unless a different procedure described below applies.
      1.   Except as noted in Subsection 2 below, major amendments shall be reviewed and decided by the decision-making body that issued the permit or approval being amended, following the procedures for the most closely equivalent decision in Part 14-16-6 (Administration and Enforcement), including any required application fee, public notice, referral to commenting agencies, and public meeting or hearing.
      2.   For major amendments that involve any of the following, the relevant IDO procedures shall be followed, including any required application fee, public notice, referral to commenting agencies, and public meeting or hearing.
         a.   Any standard in the Site Development Plan that is covered by an IDO standard in Section 14-16-5-3 (Access and Connectivity), Section 14-16-5-4 (Subdivision of Land), Section 14-16-5-5 (Parking and Loading), or any DPM standard.
         b.   Any change affecting an easement.
         c.   Any expansion of a nonconforming use or structure.
         d.   Any change affecting a nonconforming campground and RV park use. 286
   6-4(Z)(2)   Facility Plans
   Facility Plans may be amended per the procedure described in Subsection 14-16-6-7(B) (Adoption or Amendment of Facility Plan).
   6-4(Z)(3)   Master Plans or Resource Management Plans
   6-4(Z)(3)(a)   Master Plans or Resource Management Plans for City facilities may be amended per the procedures specified in the relevant plan or by the relevant implementing City department. The implementing departments may request review by the EPC and/or City Council where more input is desired.
   6-4(Z)(3)(b)   Master Plans for private property shall be amended as site development plans pursuant to Subsection 14-16-6-4(Z)(1) above.

 

Notes

274
274   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
2
275   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to correct Subsection references for consistency.
276
276   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
277
277   2020 IDO Annual Update – Small Area Text Amendments – EPC REVIEW. EPC Recommened Condition #1.
278
278   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A14 – Post-submittal Facilitated Meeting.
279
279   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A14 – Post-submittal Facilitated Meeting.
280
280   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for consistency with term used for standards throughout the IDO, not just Part 5.
8
281   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
282
282   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
283
283   2020 IDO Annual Update - Citywide Text Amendments – COUNCIL REVIEW. Revised editorially for consistency with the IDO.
284
284   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A13 – PNM.
284
284   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A13 – PNM.
285
285   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Added editorially based on language added in Subsection 14-16-6-4(X).
286
286   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A2 – Campground and RV Park.