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6-5   ADMINISTRATIVE DECISIONS
   6-5(A)   ARCHAEOLOGICAL CERTIFICATE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(A).
   6-5(A)(1)   Applicability
   This Subsection 14-16-6-5(A) requires an Archaeological Certificate of No Effect or Certificate of Approval to be duly approved prior to approval of any preliminary plat, Site Plan, or Master Development Plan for projects over 5 acres.
 
   6-5(A)(2)   Procedure
   6-5(A)(2)(a)   An application for an Archaeological Certificate shall be reviewed by the City Archaeologist to determine whether the proposed development will have an adverse impact on any significant archaeological site.
   6-5(A)(2)(b)   The City Archaeologist shall issue a Certificate of No Effect if there is no adverse impact.
   6-5(A)(2)(c)   If the application does not qualify for a Certificate of No Effect, an application for a Certificate of Approval shall be required. The applicant must submit a treatment plan prepared by a qualified archaeologist that adequately mitigates any archaeological impacts of the development.
   6-5(A)(2)(d)   The City Archaeologist shall review the treatment plan and shall approve or deny the proposed plan within 15 calendar days of its submission. If the plan is approved, a Certificate of Approval shall be issued by the City Archaeologist. If the plan is not approved as submitted, the City Archaeologist shall advise the applicant of the changes needed in the plan for its approval.
   6-5(A)(2)(e)   The Planning Department shall maintain records of project areas that received a Certificate of No Effect or Certificate of Approval.
   6-5(A)(2)(f)   The Planning Director shall require that the treatment plan is included on the applicable infrastructure lists of Preliminary Plats and Site Plans.
   6-5(A)(2)(g)   The Planning Director shall require that any necessary treatment plan is referenced on the first sheet of the Site Plan or Master Development Plan. Implementation of the necessary treatment plan shall be made a condition of approval.
   6-5(A)(3)   Review and Decision Criteria
   6-5(A)(3)(a)   Certificate of No Effect
   An application for a Certificate of No Effect shall be approved if it meets any of the following criteria:
      1.   An archaeological investigation has been conducted on the property, and based on a report prepared by a qualified archaeologist, it has been determined that no significant archaeological site exists on the property. The factual basis necessary to support this determination shall be met through the presentation of an archaeological investigation report prepared in compliance with federal or New Mexico State historic preservation laws and regulations that used a comparable definition for a significant archaeological site. Documentation indicating that the report was accepted by the relevant agency shall accompany the report.
      2.   The property has been disturbed through previous land use or development to such an extent that there is a substantial reduction in the probability of the continuing existence of any significant archaeological site. It shall be adequate evidence that the property was previously disturbed to such an extent so as to meet this requirement if the property has been graded, demolition has occurred on the property, or the project involves redevelopment or rehabilitation of existing improvements.
      3.   The informational value of any significant archaeological sites located on the property has been satisfactorily documented through previous archaeological investigation.
   6-5(A)(3)(b)   Certificate of Approval
      1.   A Certificate of Approval shall be issued if the proposed site-specific treatment plan accomplishes all of the following:
         a.   Details strategies for the management of the affected archaeological sites.
         b.   Includes standards for further testing, sampling, documentation, data recovery, preservation and protection, analysis, and report preparation.
         c.   Outlines an effective preservation plan or data recovery and documentation plan for those resources that the City Archaeologist has determined to have significant research or other value.
         d.   Provides a schedule for the implementation of the treatment plan.
         e.   Provides a cost estimate for mitigation strategies, including testing, data recovery, curation, and report preparation.
      2.   In making a decision on the plan, the City Archaeologist shall consider methods to avoid, reduce, or mitigate effects on archaeological resources, including the use of conservation easements, while taking into consideration the needs of the property owner.
   6-5(B)   HISTORIC CERTIFICATE OF APPROPRIATENESS – MINOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(B).
   6-5(B)(1)   Applicability
   6-5(B)(1)(a)   This Subsection 14-16-6-5(B) applies to any of the following activities within an HPO zone or a City landmark site:
      1.   All alterations to the exterior appearance of any structure, including any wall.
      2.   All alterations to any character-defining interior feature within a City landmark.
      3.   All construction of new accessory structures, including walls.
      4.   All demolition of existing non-contributing accessory structures, including walls.
      5.   Any alteration, construction, or demolition of a sign.
   6-5(B)(1)(b)   This Subsection 14-16-6-5(B) does not apply to any of the following activities within an HPO zone or a City landmark site:
      1.   Ordinary maintenance and repair where the purpose of the work is to correct deterioration to the structure and restore it to its condition prior to deterioration.
      2.   Any construction, alteration, or demolition that only affects the interior of the structure unless the interior features which will be affected were listed as worthy of preservation in the landmark's general preservation guidelines or specific development guidelines.
      3.   Any construction, alteration, or demolition that is exempted from this requirement by approved specific development guidelines.
      4.   Any alteration or demolition that is necessary to correct or abate a condition which has been declared unsafe or requiring an emergency measure by the appropriate City official after notification of the LC and consultation with the LC Chairperson.
   6-5(B)(1)(c)   This Subsection 14-16-6-5(B) requires a Historic Certificate of Appropriateness – Minor prior to a historic sign anywhere in the city being taken down and then reinstalled in the same location after being restored on-site or taken off-site for restoration, repair, or maintenance.
   6-5(B)(1)(d)   Any application deemed minor by the Historic Preservation Planner shall be reviewed and decided pursuant to this Subsection 14-16-6-5(B). Those applications that include major changes that warrant additional review by the LC at a public hearing shall be reviewed and decided per Subsection 14-16-6-6(D) (Historic Certificate of Appropriateness – Major).
   6-5(B)(2)   Procedure
   The Historic Preservation Planner shall review the application and make a decision on the Historic Certificate of Appropriateness – Minor.
   6-5(B)(3)   Review and Decision Criteria
   An application for a Historic Certificate of Appropriateness – Minor shall be approved if it complies with all of the following criteria:
   6-5(B)(3)(a)   The change is consistent with the designation ordinance and specific development guidelines for the landmark or HPO zone.
   6-5(B)(3)(b)   The architectural character, historical value, or archaeological value of the structure or site itself or of any HPO zone in which it is located will not be significantly impaired or diminished.
   6-5(B)(3)(c)   The change qualifies as a "certified rehabilitation" pursuant to the Tax Reform Act of 1976, if applicable.
   6-5(B)(3)(d)   The structure or site's distinguished original qualities or character will not be altered, where “original” means both those included at the time of initial construction and those developed over the history of the structure.
   6-5(B)(3)(e)   Deteriorated architectural features shall be repaired rather than replaced, to the maximum extent practicable. If replacement is necessary, the new material shall match the original as closely as possible in like material and design.
   6-5(C)   PERMIT – SIGN
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(C).
   6-5(C)(1)   Applicability
   6-5(C)(1)(a)   This Subsection 14-16-6-5(C) applies to any sign that requires a Sign Permit pursuant to Subsection 14-16-5-12(D)(1).
   6-5(C)(1)(b)   This Subsection 14-16-6-5(C) applies to an application for an Alternative Signage Plan pursuant to the provisions in Subsection 14-16-5-12(F)(5) (Alternative Signage Plan).
   6-5(C)(1)(c)   This Subsection 14-16-6-5(C) applies to approving a sign for compliance with standards in the IDO as part of an application for a Master Development Plan or Site Plan.
   6-5(C)(2)   Procedure
   6-5(C)(2)(a)   General
      1.   The ZEO shall review the application and make a decision on the Permit – Sign.
      2.   All applications on properties in an HPO zone shall first be reviewed by the Historic Preservation Planner pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness – Minor), and a recommendation sent to the ZEO.
      3.   All applications in an area with a City-approved architectural or design review body shall first be reviewed by that body and a recommendation sent to the ZEO.
      4.   Where owners of abutting premises create a Joint Sign Premises to apply for a sign that would not otherwise be allowed, the owners’ signed agreement shall be included in the application for the Sign Permit.
   6-5(C)(2)(b)   Electronic Signs
   In addition to the general requirements in this Subsection 14-16-6-5(C), all of the following requirements must be met for electronic signs:
      1.   A Permit – Sign for an electronic sign is required annually. A permit for a new electronic sign or the annual renewal of a permit for an existing electronic sign shall expire 1 year after the date of issuance.
      2.   In an application to renew a Permit – Sign for an electronic sign, the applicant shall state whether or not there have been changes to the sign in the preceding year and shall specify any changes.
      3.   The ZEO shall review and make a decision on each annual application for a Permit – Sign for an electronic sign.
   6-5(C)(2)(c)   Alternative Signage Plan
      1.   The ZEO shall review the application and make a decision on the Alternative Signage Plan.
      2.   If approved, the Alternative Signage Plan shall be binding on the property for which the plan is approved until the Alternative Signage Plan is amended or rescinded.
      3.   An approved Alternative Signage Plan may be amended or rescinded through the same procedure used to approve the plan.
   6-5(C)(3)   Review and Decision Criteria
   6-5(C)(3)(a)   An application for a Permit – Sign shall be approved if it complies with all applicable standards in this IDO, in particular Section 14-16-5-12 (Signs); the DPM; other adopted City regulations; and any terms and conditions specifically applied to development of the property in a prior permit or approval affecting the property.
   6-5(C)(3)(b)   An application for an Alternative Sign Plan shall be approved if it meets all of the requirements in Subsection 14-16-5-12(F)(5) (Alternative Signage Plan) and all of the following criteria:
      1.   It reflects a distribution of available sign area on the site that will promote equal or greater public safety both on-site and when viewed from any adjacent public rights-of-way, when compared to the location and distribution of signs and sign area allowed under Section 14-16-5-12 (Signs).
      2.   It does not create levels of glare or adverse impacts on surrounding properties greater than those that would occur from the location and distribution of signs and sign area allowed under Section 14-16-5-12 (Signs).
   6-5(D)   PERMIT – TEMPORARY USE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(D).
 
   6-5(D)(1)   Applicability
   This Subsection 14-16-6-5(D) applies to uses that require a Permit – Temporary Use per Table 4-2-1 and associated Use-specific Standards in Subsection 14-16-4-3(G) (Temporary Uses).
   6-5(D)(2)   Procedure
   The applicant shall have the following responsibilities:
   6-5(D)(2)(a)   Discuss the temporary use with the ZEO to determine the location, duration, and potential impacts of the temporary use. A sketch plan or Site Plan may be required for the purposes of understanding access, location of temporary lavatories or other temporary provisions, and the location of any structures or signage.
   6-5(D)(2)(b)   Provide written permission from the owner of the subject property (if different from the applicant) for the temporary use for the requested duration of the use (e.g. number of days and/or operating hours).
   6-5(D)(2)(c)   Supply proof of notification of abutting property owners of the use and intended duration of the use (e.g. number of days and/or operating hours).
   6-5(D)(2)(d)   Keep documentation of the Permit – Temporary Use available on-site for the duration of the temporary use.
   6-5(D)(3)   Review and Decision Criteria
   An application for a Permit – Temporary Use shall be approved for a specified duration if it complies with all applicable Use-specific Standards in Subsection 14-16-4-3(G) (Temporary Uses) and adequately mitigates negative impacts on surrounding properties for the duration of the use.
   6-5(E)   PERMIT – TEMPORARY WINDOW WRAP
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(E).
   6-5(E)(1)   Applicability
   This Subsection 14-16-6-5(E) applies to requests for a Permit – Temporary Window Wrap in the following areas:
   6-5(E)(1)(a)   Any MX-FB zone district in the Downtown Center (DT), pursuant to Subsection 14-16-2-4(E)(3)(f)3.a.vi.
   6-5(E)(1)(b)   Any Mixed-use or Non-residential zone district in any UC-AC-MS-PT area pursuant to Subsection 14-16-5-11(E)(2)(b)2.c.
   6-5(E)(2)   Procedure
   The applicant shall have the following responsibilities:
   6-5(E)(2)(a)   Obtain written agreement from the City Fire Marshal and Albuquerque Police Department that the temporary window wrap provides appropriate visibility for security and emergency response.
   6-5(E)(2)(b)   Provide documentation, as required by the ZEO, that includes, at a minimum, all of the following:
      1.   A dimensioned ground floor footprint with vacant tenant spaces indicated.
      2.   Calculations of the total gross floor area of the ground floor, total gross floor area of vacant tenant spaces, and the percentage of vacant tenant spaces.
      3.   A dimensioned elevation detail of the ground floor façade illustrating the proposed window wrap and open portions that provide visibility into the building for health and safety purposes.
      4.   Mitigation measures for the potential negative impacts of the temporary window wrap, as determined by the ZEO.
   6-5(E)(2)(c)   Obtain a Permit – Sign pursuant to Subsection 14-16-6-5(C) if any portion of the temporary window wrap meets the definition of sign in this IDO.
   6-5(E)(2)(d)   Provide written permission from the property owner of the subject property (if different than the applicant) for the Permit – Temporary Window Wrap.
   6-5(E)(2)(e)   If the permit is approved, complete mitigation measures no later than the installation of the temporary window wrap.
   6-5(E)(2)(f)   If the permit is approved, keep documentation of the Permit – Temporary Window Wrap available onsite for the duration of the temporary permit.
   6-5(E)(2)(g)   Remove within 5 business days the temporary window wrap on any portion of the ground floor where a vacant tenant space becomes occupied.
   6-5(E)(2)(h)   Remove the temporary window wrap within 5 business days after the ground floor becomes at least 50 percent occupied or the permit expires, whichever occurs first.
   6-5(E)(3)   Review and Decision Criteria
   An application for a Permit – Temporary Window Wrap shall be approved if it complies with all applicable standards in Subsections 14-16-2-4(E)(3)(f) and 14-16-5-11(E)(2)(b) (Urban Centers, Activity Centers, and Main Street and Premium Transit Areas).
   6-5(F)   PERMIT – WALL OR FENCE – MINOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(F).
   6-5(F)(1)   Applicability
   This Subsection 14-16-6-5(F) applies to all applications to build a wall or fence that meets the standards in Section 14-16-5-7 (Walls and Fences), except for the following:
   6-5(F)(1)(a)   Any wall that requires a Permit – Wall or Fence – Major pursuant to Subsection 14-16-5-7(D)(3)(g) (Exceptions to Maximum Wall Height).
   6-5(F)(1)(b)   Any wall that is taller than allowed by Subsection 14-16-5-7(D) and that does not require a Permit – Wall or Fence – Major pursuant to Subsection 14-16-5-7(D)(3)(g) (Exceptions to Maximum Wall Height) requires a Variance, pursuant to Subsection 14-16-6-6(N) (Variance – EPC) for walls or fences associated with a Site Plan – EPC or Subsection 14-16-6-6(O) (Variance – ZHE) for walls or fences associated with any other request.
   6-5(F)(2)   Procedure
   6-5(F)(2)(a)   All applications in an HPO zone or on properties or in districts listed on the State Register of Cultural Properties or the National Register of Historic Places shall first be reviewed by the Historic Preservation Planner pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness – Minor), and the Historic Preservation Planner shall send a recommendation to the ZEO. 287
   6-5(F)(2)(b)   The ZEO shall review the application and make a decision on the Permit – Wall or Fence – Minor.
   6-5(F)(3)   Review and Approval Criteria
   An application for a Wall or Fence Permit shall be approved if it complies with all applicable standards in this IDO, the DPM, other adopted City regulations, and any conditions specifically applied to development of the property in a prior permit or approval affecting the property.
   6-5(F)(3)(a)   The ZEO may approve a wall or fence that is taller than allowed by Subsection 14-16-5-7(D) if necessary for security reasons due to specific site conditions or the nature of the land use or related materials and facilities on the site.
   6-5(F)(3)(b)   A wall or fence shall not be approved unless the City Engineer finds that the wall or fence would not be a hazard to traffic visibility (i.e. if the wall or fence is in a clear sight triangle).
   6-5(F)(3)(c)   A wall or fence shall not be approved unless the City Engineer finds that the wall or fence does not block drainage and/or adversely affect adjoining, upstream or downstream properties.
   6-5(F)(3)(d)   If the subject property is within an approved Master Development Plan, the Site Plan shall meet any relevant standards in the Master Development Plan in addition to any standards applicable in the zone district the subject property is in.
   6-5(G)   SITE PLAN – ADMINISTRATIVE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(G).
   6-5(G)(1)   Applicability
   6-5(G)(1)(a)   A Site Plan – Administrative may only be approved for development on legally platted or nonconforming lots and may not be approved for unsubdivided property.
   6-5(G)(1)(b)   A Site Plan – Administrative may only be approved for development that does not require major public infrastructure or an Infrastructure Improvements Agreement (IIA) to comply with IDO or DPM standards, which require a Site Plan – DRB pursuant to Subsection 14-16-6-6(I).
   6-5(G)(1)(c)   A Site Plan – Administrative may only be approved for development that avoids sensitive lands identified in a sensitive lands analysis as required pursuant to Subsection 14-16-5-2(C).
   6-5(G)(1)(d)   In the Railroad and Spur Small Area, a Site Plan – Administrative may only be approved for development that does not require a cumulative impact analysis pursuant to Subsections 14-16-5-2(F) and 14-16-6-4(H), which requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J). 288
   6-5(G)(1)(e)   This Subsection 14-16-6-5(F) applies to any development that meets any of the thresholds in Subsections 1 or 2 below:
      1.   A single lot less than 5 acres or multiple contiguous lots that total less than 5 acres for any of the following types of development:
         a.   All new low-density residential development.
         b.   All new multi-family residential development containing no more than 50 dwelling units.
         c.   All conversions of existing non-residential development to a residential use containing no more than 100 dwelling units.
         d.   All new non-residential development with no more than 50,000 square feet of gross floor area, with the exception of development that includes a grocery store, which may be approved administratively with no more than a total of 70,000 square feet of gross floor area.
         e.   All new mixed-use development that contains no more than 75 dwelling units and no more than 50,000 square feet of non-residential gross floor area.
         f.   All expansions that increase the number of dwelling units by no more than 25 percent of the total originally approved number of units or that expand non-residential gross floor area by no more than 25 percent of the originally approved gross floor area.
      2.   Any of the following: 289 290
         a.   All development in the MX-FB zone district that is already mapped.
         b.   More than 5 mobile food trucks on 1 lot, pursuant to Subsection 14-16-4-3(F)(11)(d) (Mobile Food Truck), where mobile food trucks are accessory to a primary use, and any number of mobile food trucks on a premises with no other primary use, pursuant to Subsection 14-16-4-3(F)(11) (Mobile Food Truck). 291
         c.   A Permit – Temporary Use when a Site Plan is required pursuant to a Use-specific Standard in Section 14-16-4-3.
         d.   All electric utilities except Electric Generation Facilities, as defined by the Facility Plan for Electric System Transmission and Generation, as amended, which require a Site Plan – DRB pursuant to Subsection 14-16-6-6(I).
         e.   All other major utility facilities with administrative approval according to an approved Facility Plan.
         f.   All new, redeveloped, or renovated City-owned or managed parks less than 10 acres, regardless of the zone district they are in, where the all of the following apply:
            i.   Only allowable uses as specified in Table 4-2-1, except for any collocated City facility, are proposed.
            ii.   The project does not include lighting over 45 feet, illuminated signs, amplified outdoor sound, or over 150 parking spaces.
         g.   Any City-owned or managed Major Public Open Space facility that is not designated as an Extraordinary Facility per the Major Public Open Space Facility Plan or that is a renovation of a facility previously approved as an Extraordinary Facility.
         h.   Any property in the NR-PO-C zone district of any size that is not part of a proposed development that would meet the applicability standards to be processed as a Site Plan – DRB or as a Site Plan – EPC.
         i.   All City BioPark facilities, which are regulated by the BioPark Master Plan and managed by City Cultural Services.
   6-5(G)(1)(f)   Development on a lot in an NR-SU or PD zone district requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J).
   6-5(G)(1)(g)   Development on a project site over 5 acres and adjacent to Major Public Open Space requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J).
   6-5(G)(2)   Procedure
   6-5(G)(2)(a)   An application for a Site Plan – Administrative is typically submitted with an application for a building permit. The ZEO shall review the application and make a decision on the Site Plan – Administrative as part of the zone check during building permit review. An initial review with comments shall be completed within 10 business days of the receipt of a complete application.
   6-5(G)(2)(b)   Site Plans shall be reviewed administratively for compliance with conditions of approval and zoning standards prior to the issuance of a building permit.
   6-5(G)(2)(c)   The ZEO may grant deviations to IDO standards as part of this approval within the thresholds established in Section 14-16-6-4(P) (Deviations). Beyond these thresholds, a Variance to IDO standards (other than to standards in Sections 14-16-5-3, 14-16-5-4, or 14-16-5-5) requires review and approval by the ZHE per Subsection 14-16-6-6(O) (Variance – ZHE).
   6-5(G)(2)(d)   Any request for a Waiver to IDO standards in Sections 14-16-5-3 (Access and Connectivity), 14-16-5-4 (Subdivision of Land), or 14-16-5-5 (Parking and Loading) requires review and approval by the DRB pursuant to Subsection 14-16-6-6(P) (Waiver – DRB).
   6-5(G)(2)(e)   A Site Plan – Administrative may not be approved until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-5(G)(2)(f)   For properties in the NR-PO zone district, the ZEO shall coordinate the review with Parks and Recreation and/or Cultural Services staff, as applicable.
   6-5(G)(3)   Review and Decision Criteria
   An application for Site Plan – Administrative shall be approved if it complies with all applicable standards in this IDO, the DPM, other adopted City regulations, and any conditions specifically applied to development of the property in a prior permit or approval affecting the property.
   6-5(H)   WIRELESS TELECOMMUNICATIONS FACILITY APPROVAL
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(H) or the DPM.
 
   6-5(H)(1)   Applicability
   A Wireless Telecommunications Facility (WTF) Approval must be obtained for all new WTFs located within the City limits, whether on private or public lands and whether it is a primary or accessory use.
   6-5(H)(1)(a)   This Subsection 14-16-6-5(K) applies to any of the following:
      1.   All new WTFs.
      2.   All collocations on public utilities.
      3.   All collocations on concealed WTFs.
      4.   All antenna collocations on unconcealed WTFs, which became nonconforming upon adoption of the concealment requirement in 2008 (City Council Bill No. O-06-40).
      5.   Like-for-like antenna swap outs, back-up generators, and other minor site modifications to existing WTFs.
      6.   Upgrades to existing WTFs that would not result in a substantial change (a term defined by federal law) to an existing WTF.
   6-5(H)(1)(b)   Any unconcealed WTF erected prior to January 15, 1999 (City Council Bill O- 54; Enactment O-9-1999), provided that a building permit was issued for that antenna or tower, collocations of antennas on existing unconcealed towers and public utility collocation are exempted from the concealment provisions of Subsection 14-16-4-3(E)(12)(a) (Wireless Telecommunications Facility).
   6-5(H)(2)   Procedure
   6-5(H)(2)(a)   The Planning Director shall review the application and make a decision on the WTF Approval. An administrative review shall be completed within 60 calendar days of the receipt of a complete application. An incomplete application shall be deemed withdrawn if the deficiencies are not corrected within 60 calendar days of notice of the deficiencies.
   6-5(H)(2)(b)   Variances to the standards in Section 14-16-4-3(E)(12) (Wireless Telecommunications Facility) are not allowed. Any facility that cannot comply with these standards requires review and approval of a Waiver by the EPC under Subsection 14-16-6-6(Q) (Waiver – Wireless Telecommunications Facility) before a WTF Approval may be granted.
   6-5(H)(2)(c)   Applications for upgrades to an existing WTF that that would result in a substantial change (a term defined by federal law) to an existing WTF requires review and approval of a Waiver by the EPC under Subsection 14-16-6-6(Q) (Waiver – Wireless Telecommunications Facility), before a WTF approval may be granted.
   6-5(H)(3)   Review and Decision Criteria
   An application for a WTF Approval shall be approved if it meets the standards of Subsection 14-16-4-3(E)(12) (Wireless Telecommunications Facility) and all applicable standards in this IDO, the DPM, and federal law and regulations.

 

Notes

287
287   2020 IDO Annual Update – Citywide Text Amendments. Revised editorially for consistency with similar language in other subsections.
288
288   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
289
289   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #2.E.ii.a. Revised editorially to remove language about battery storage as a primary use for consistency with the IDO, since battery storage is not a separate use regulated by this IDO and therefore cannot be a primary use. See related proposed change to definition of Electric Utility in Section 14-16-7-1 to add battery storage as incidental to the use. Revised to replace “under” with “less than” for consistency with the IDO.
290
290   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A13 – PNM.
291
291   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A15 – Technical Edits.