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)(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 - EPC for a particular project, etc.).
5. Whether a public hearing will be required, and if so the date, time, and place of the public 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 specifying 176 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.
Where Table 6-1-1 requires email 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 are within 660 feet of the subject property, except as specified otherwise below.
6-4(K)(2)(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 email address on file with the ONC, mailed notice to those representatives is required pursuant to Subsection 14-16-6-4(K)(3)(b) below.
6-4(K)(2)(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)(2)(d) For applications related to a Wireless Telecommunications Facility (WTF), electronic mail notice is required to any Neighborhood Association within 1,320 feet (¼ mile) in any direction of the subject property. 178
6-4(K)(2)(f) For applications for an Archaeological Certificate, electronic mail notice is required to Indian Nations, Tribes, and Pueblos and to tribal representatives pursuant to Subsection 14-16-6-5(A)(2)(a). 179
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 required pursuant to Subsection 14-16-5-2(E)(2)(c) 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 hearing or at least 15 calendar days before a monthly public hearing.
Where Table 6-1-1 requires mailed notice in addition to email notice, mailed notice to Neighborhood Association representatives is only required if there is no email address on file for that representative.
Where Table 6-1-1 requires mailed notice for Administrative Decisions, Decisions Requiring a Public Hearing, Amendments to Zoning Map, Adoption or Amendment of Historic Designation, or Annexation of Land, the applicant shall mail a notice to all of the following:
1. Owner of any property listed in the application, if the property owner is not the applicant. 183
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. 184
Where Table 6-1-1 requires mailed notice for an application for an Amendment to IDO Text - Small Area, 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.
Where Table 6-1-1 requires mailed notice for an application for an Archaeological Certificate, the applicant shall send notice via certified mail to Indian Nations, Tribes, and Pueblos pursuant to Subsection 14-16-6-5(A)(2)(a).
Mailed notice is not required for appeals of those decisions where Table 6-1-1 requires mailed notice of the initial application.
Changes of use in or rezoning of subject property that will result in expiration or termination of resident occupancy require notice pursuant to Subsection 14-16-2-3(C)(3)(g) (R-MC Zone District Standards) for any of the following:
1. Changes of use in or rezoning of a subject property in the R-MC zone district.
2. Pursuant to Subsection 14-16-6-8(C)(7)(d), changes of use in or rezoning of a subject property that includes any mobile home dwelling in any zone district.
3. Pursuant to Subsection 14-16-4-3(B)(1)(b)4.d, changes of use in or rezoning of developments that include 2 or more manufactured homes in any zone district.
6-4(K)(4)(a) 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.
6-4(K)(4)(b) For administrative decisions in Table 6-1-1, the sign shall be posted for at least 5 calendar days after submitting the application and for the required appeal period after any final decision, pursuant to Subsection 14-16-6-4(V)(3)(a)1.
6-4(K)(4)(c) For decisions requiring a public hearing or policy decisions in Table 6-1-1, the sign shall be posted for at least 15 calendar days before a required the public hearing and for the required appeal period following any final decision, required pursuant to Subsection 14-16-6-4(U) and Subsection 14-16-6-4(V)(3)(a)1.
6-4(K)(4)(e) 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.
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 hearing. If initial notice of a public hearing has been provided, additional notice shall not be required if the public hearing is begun and then continued to a specific date, or for an appeal of the decision.
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 hearing agenda, list of applications, or a Notice of Decision.
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)(c) Failure to provide evidence of timely mailing or electronic notice of required notices to Neighborhood Associations shall result in postponement of the public 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 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 hearings, or for appeal of the resulting decision.
Notes
| 176 | 176 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. “Indicate” in legal settings can connote a suggestion or speculation. [Spreadsheet Item #60] |
| 177 | 177 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Conditions #1 and #16. [Spreadsheet Item #32] Revised editorially for consistency to move all required notice to Neighborhood Associations to this subsection. [Spreadsheet Item #60] |
| 178 | 178 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #43] |
| 179 | 179 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Conditions #1. [Spreadsheet Item #58 and Council Memo – Tribal Engagement] Revised editorially for consistency with the IDO. [Spreadsheet item #60] |
| 180 | 180 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for internal consistency and to remove redundancy. [Spreadsheet Item #60] |
| 181 | 181 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1 and Condition #16. [Spreadsheet Item #32] Revised editorially for clarity to keep requirements for notice to Neighborhood Associations with email notice in Subsection 14-16-6-4(J)(2). [Spreadsheet Item #60] |
| 182 | 182 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #43] |
| 183 | 183 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. [Spreadsheet Item #60] |
| 184 | 184 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #17. EPC considered but did not recommend approval of proposed changes to remove public right-of-way adjacency from required notice to property owners. [Spreadsheet Item #33] |
| 185 | 185 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #17. EPC considered but did not recommend approval of proposed changes to remove public right-of-way adjacency from required notice to property owners for small area text amendments. |
| 186 | 186 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Conditions #1. [Spreadsheet Item #58 and Council Memo – Tribal Engagement] Revised editorially for consistency with the IDO. [Spreadsheet item #60] |
| 187 | 187 IDO Annual Update 2023 – Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #35] Revised editorially for clarity. [Spreadsheet Item #60] |