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6-6   DECISIONS REQUIRING A PUBLIC MEETING OR HEARING
   6-6(A)   CONDITIONAL USE APPROVAL
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(A) or the DPM.
   6-6(A)(1)   Applicability
   6-6(A)(1)(a)   This Subsection 14-16-6-6(A) applies to all applications for a use listed as conditional (i.e. Conditional Primary, Conditional Accessory, or Conditional Vacant if the application is submitted after the primary building on the property has been vacant for 5 years or more) in Table 4-2-1. Conditional uses are only allowed if approved pursuant to this Subsection 14-16-6-6(A).
   6-6(A)(1)(b)   A Conditional Use Approval is only valid for the location stated in the application and cannot be transferred to a new location.
   6-6(A)(1)(c)   If an approved conditional use is discontinued for a period of 1 year, it may not be reestablished without a new Conditional Use Approval.
   6-6(A)(2)   Procedure
   6-6(A)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.
   6-6(A)(2)(b)   The ZHE shall conduct a public hearing on the application and make a written decision on the application.
   6-6(A)(2)(c)   Applications for a Variance or Waiver may be submitted concurrently with an application for a Conditional Use Approval. An application for a Conditional Use Approval must be decided before any Variance or Waiver for the subject property may be decided.
      1.   If a Variance or Waiver is needed to comply with this IDO, the DPM, or other adopted City regulations, the decision on the Conditional Use Approval shall be conditioned on approval of any such necessary Variances or Waivers. If the Conditional Use Approval is denied, any necessary Variances or Waivers shall also be denied.
      2.   If any Variance or Waiver is required in order to make an approved conditional use comply with this IDO, the DPM, or other adopted City regulations and such Variance or Waiver is not approved, the Conditional Use Approval is invalidated.
   6-6(A)(3)   Review and Decision Criteria
   An application for a Conditional Use Approval shall be approved if it meets all of the following criteria:
   6-6(A)(3)(a)   It is consistent with the adopted ABC Comp Plan, as amended.
   6-6(A)(3)(b)   It complies with all applicable provisions of this IDO, including but not limited to any Use-specific Standards applicable to the use in Section 14-16-4-3; 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, or there is a condition of approval that any Variances or Waivers needed to comply with any of these provisions must be approved or the Conditional Use Approval will be invalidated pursuant to Subsection (2)(c)2 above.
   6-6(A)(3)(c)   It will not create significant adverse impacts on adjacent properties, the surrounding neighborhood, or the larger community.
   6-6(A)(3)(d)   It will not create material adverse impacts on other land in the surrounding area through increases in traffic congestion, parking congestion, noise, or vibration without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts.
   6-6(A)(3)(e)   On a project site with existing uses, it will not increase non-residential activity within 300 feet in any direction of a lot in any Residential zone district between the hours of 10:00 P.M. and 6:00 A.M.
   6-6(A)(3)(f)   It will not negatively impact pedestrian or transit connectivity without appropriate mitigation.
   6-6(B)   DEMOLITION OUTSIDE OF AN HPO
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(B) or the DPM.
   6-6(B)(1)   Applicability 1
   This Subsection 14-16-6-6(B) applies to demolition of structures that are at least 50 years old located within the following small areas, regardless of whether they are registered on a State or national historic register or are eligible for listing. If a structure is of unknown age, it shall be presumed that it is over 50 years old for the purposes of this Subsection 14-16-6-6(B).
   6-6(B)(1)(a)   Neon signs along Central Avenue in locations pursuant to Subsection 14-16-5-12(F)(4)(a) (Neon Signs along Central Avenue).
   6-6(B)(1)(b)   Downtown Small Area
 
   6-6(B)(1)(c)   Downtown Neighborhood Area – CPO-3
   6-6(B)(1)(d)   East Downtown – CPO-4
   6-6(B)(1)(e)   Nob Hill/Highland Small Area
   6-6(B)(2)   Procedure
   6-6(B)(2)(a)   The Historic Preservation Planner shall review the demolition permit application within 15 days after receipt of the application in order to determine whether to recommend review and decision by the Landmarks Commission (LC).
   6-6(B)(2)(b)   If the Historic Preservation Planner recommends demolition review by the LC, the LC shall notify the applicant and the Chief Building Official in writing within 15 days and conduct a public hearing within 60 days of receipt of the application to decide whether a 120-day review period shall be invoked.
   6-6(B)(2)(c)   After receiving notice of demolition review from the LC, the applicant shall provide public notice and schedule any meetings required by Table 6-1-1.
   6-6(B)(2)(d)   No demolition permit may be issued prior to an LC hearing following a staff determination that the structure is subject to demolition review. If the Historic Preservation Planner does not notify the Chief Building Official within 15 calendar days of receipt of the application that the structure is subject to demolition review, the City may proceed to issue the demolition permit.
   6-6(B)(2)(e)   The purpose of the public hearing is for the LC to decide whether a 120-day demolition review period shall be invoked. In order to foster discussion and possible resolution of issues between the City and the applicant, the LC may postpone the issuance of its decision if agreed to in writing by the applicant.
      1.   Upon a determination by the LC that the 120-day review period is to be invoked, the LC shall notify the Chief Building Official and applicant in writing. No permit for demolition, new construction, or alterations on the premises shall be issued during the review period. If the LC does not notify the Chief Building Official in writing within 21 calendar days of the public hearing that the review period is to be invoked, the Chief Building Official may issue the demolition permit.
      2.   A "Determination of No Feasible Alternative" may be issued during the public hearing if the LC finds that, for a structure that otherwise meets the requirements for the 120-day demolition review period, there is no feasible alternative to demolition.
      3.   If the LC determines that the 120-day review period is not to be invoked, the LC shall so notify the Chief Building Official and applicant in writing. The Chief Building Official may then issue the demolition permit.
   6-6(B)(2)(f)   The Chief Building Official may issue a demolition permit or a building permit upon expiration of the 120-day review period if a City landmark designation has not been initiated or some other means of preserving the structure intact has not been agreed to in writing by the LC and the applicant; however, no permit for demolition of a structure subject to the 120-day review period shall be granted, even after expiration of the review period, until all plans for future use and development of the site have been submitted to the Chief Building Official and have been found to comply with all laws pertaining to the issuance of a building permit, or, if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy, including but not limited to any necessary Variances, Waivers, or permits, must be granted, and all appeals from the granting of such approvals must be concluded prior to the issuance of a demolition permit under this Subsection 14-16-6-6(B).
   6-6(B)(2)(g)   During the demolition review period, the City may take any action that it deems necessary and consistent with this Subsection to preserve the structure. During the review period, the LC shall provide for the documentation of the structure.
   6-6(B)(2)(h)   If after an inspection, the Chief Building Official finds that a structure subject to the 120-day review period poses an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the structure, then the Chief Building Official may issue an emergency demolition permit to the owner of the structure. The Chief Building Official shall then prepare a report explaining the condition of the structure and the basis for his decision, which shall be forwarded to the LC.
   6-6(B)(3)   Review and Decision Criteria
   6-6(B)(3)(a)   The Historic Preservation Planner shall review the demolition permit application based on the following criteria:
      1.   The structure's historic, architectural, engineering, or cultural significance.
      2.   The structure's potential to contribute to the city's economic development or tourism industry.
      3.   The structure's potential to enhance the city's heritage and historical identity.
      4.   Whether the structure is unique or one of the last remaining examples of its kind in the neighborhood, the city, or the region.
      5.   The structure's condition.
   6-6(B)(3)(b)   To invoke the 120-day review period, the LC must find that, in considering the public interest, it is preferable that the structure be preserved or rehabilitated rather than demolished and use the criteria in Subsection (a) above and Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation) in its evaluation.
   6-6(B)(3)(c)   In determining whether the structure should be designated as a landmark, the LC shall apply the criteria Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).
   6-6(C)   EXPANSION OF NONCONFORMING USE OR STRUCTURE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(C) or the DPM.
   6-6(C)(1)   Applicability
   This Subsection 14-16-6-6(C) applies to all applications to expand a nonconforming use or structure, as defined in Sections 14-16-6-8 (Nonconformities) and 14-16-7-1 (Definitions). Nonconforming site features may not be expanded. No nonconforming use or structure may be expanded unless an approval under this Subsection 14-16-6-6(C) is obtained by the property owner or applicant.
   6-6(C)(2)   Procedure
   6-6(C)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.
   6-6(C)(2)(b)   The ZHE shall conduct a public hearing on the application and shall make a decision on the application.
   6-6(C)(3)   Review and Decision Criteria
   An application for an Expansion of Nonconforming Use or Structure shall be approved if it meets all of the following criteria, as applicable:
   6-6(C)(3)(a)   The expansion will not create material negative impacts on other land in the surrounding area through increases in traffic congestion, parking congestion, noise, or vibration without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts.
   6-6(C)(3)(b)   The expansion will not increase non-residential activity within 300 feet in any direction of a lot in any Residential zone district between the hours of 8:00 P.M. and 6:00 A.M.
   6-6(C)(3)(c)   The expansion will not negatively impact pedestrian or transit connectivity without appropriate mitigation.
   6-6(C)(3)(d)   The expansion will not exceed 25 percent of the gross floor area of the structure occupied by the nonconforming use, or 25 percent of the area occupied by the nonconforming use at the time it became nonconforming.
   6-6(C)(3)(e)   The expansion will not expand the gross floor area of a nonconforming structure by more than 25 percent of the gross floor area existing at the time the structure became nonconforming.
   6-6(C)(3)(f)   The expansion will not increase an existing nonconformity or create a new nonconformity.
   6-6(D)   HISTORIC CERTIFICATE OF APPROPRIATENESS – MAJOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Section 14-16-6-6(D) or DPM.
   6-6(D)(1)   Applicability
   This Subsection 14-16-6-6(D) applies to all development and modification of structures in any HPO zone and to all development or modification of a landmark site that does not meet the applicability standards for a Historic Certificate of Appropriateness – Minor in Subsection 14-16-6-5(B).
   6-6(D)(2)   Procedure
   6-6(D)(2)(a)   Applicants shall review their proposed projects with the Historic Preservation Planner before preparing final plans and submitting an application. The purpose of this discussion is to determine the approval procedure and create a project drawing checklist for the specific request.
   6-6(D)(2)(b)   The Historic Preservation Planner shall review the application and forward a recommendation to the LC.
   6-6(D)(2)(c)   The LC shall conduct a public hearing on the application and shall make a decision on the application.
   6-6(D)(2)(d)   If the LC denies an application for a Historic Certificate of Appropriateness – Major for demolition, there shall be a moratorium on demolition for a period of 1 year, during which time the City shall make every effort to find a means of preserving the structure. By the end of the 1-year moratorium, if the City Council determines that the subject property is incapable of producing a reasonable economic return as presently controlled and that no means of preserving the structure has been found, pursuant to the criteria in Subsection 14-16-6-6(D)(3)(g), the City Council shall issue a demolition permit.
   6-6(D)(3)   Review and Decision Criteria
   An application for a Historic Certificate of Appropriateness – Major shall be approved if it complies with all of the following criteria:
   6-6(D)(3)(a)   The change is consistent with Section 14-16-3-5 (Historic Protection Overlay Zones), the ordinance designating the specific HPO zone where the property is located, and any specific development guidelines for the landmark or the specific HPO zone where the property is located.
   6-6(D)(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.
   6-6(D)(3)(c)   The change qualifies as a "certified rehabilitation" pursuant to the Tax Reform Act of 1976, if applicable.
   6-6(D)(3)(d)   The structure or site's distinguished original qualities or character will not be altered. For the purposes of Section 14-16-3-5 (Historic Protection Overlay Zones) and this Subsection 14-16-6-6(D), “original” shall mean as it was at the time of initial construction or as it has developed over the course of the history of the structure.
   6-6(D)(3)(e)   Deteriorated architectural features shall be repaired rather than replaced, if possible. If replacement is necessary, the new material shall match the original as closely as possible in material and design.
   6-6(D)(3)(f)   Additions to existing structures and new construction may be of contemporary design if such design is compatible with its landmark status (if any) or the HPO zone in which it is to be located.
   6-6(D)(3)(g)   If the application is for a Historic Certificate of Appropriateness – Major for demolition of a landmark or a contributing structure in an HPO zone, demolition shall only be allowed if it is determined that the property is incapable of producing a reasonable economic return as presently controlled and that no means of preserving the structure has been found. In making a determination regarding reasonable economic return, the LC or City Council may consider the estimated market value of the building, land, and any proposed replacement structures; financial details of the property, including but not limited to income and expense statements, current mortgage balances, and appraisals; the length of time that the property has been on the market for sale or lease; potential return based on projected future market conditions; the building's structural condition; and other items determined to be relevant to the application.
   6-6(E)   HISTORIC DESIGN STANDARDS AND GUIDELINES
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(E).
   6-6(E)(1)   Applicability
   This Subsection 14-16-6-6(E) applies to all applications to adopt or amend Design Standards and Guidelines for an HPO zone or a City landmark.
 
   6-6(E)(1)(a)   Applications to establish an HPO zone or to designate a City landmark shall be processed pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).
   6-6(E)(1)(b)   Applications for alterations, construction, or demolition involving historic designations or structures shall be processed pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness – Minor), 14-16-6-6(B) (Demolition Outside of an HPO), or 14-16-6-6(D) (Historic Certificate of Appropriateness – Major).
   6-6(E)(2)   Procedure
   6-6(E)(2)(a)   The Historic Preservation Planner shall review the application to adopt or amend Historic Design Standards and Guidelines and make a recommendation to the LC.
   6-6(E)(2)(b)   The LC shall conduct a public hearing and make a decision on the application.
   6-6(E)(3)   Review and Decision Criteria
   An application to adopt or amend Design Standards and Guidelines shall be approved if it complies with all of the following criteria:
   6-6(E)(3)(a)   The Design Standards and Guidelines are consistent with the criteria and findings for establishment of the HPO zone or designation of the City landmark.
   6-6(E)(3)(b)   The Design Standards and Guidelines are consistent with the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties.
   6-6(E)(3)(c)   The Design Standards and Guidelines are consistent with the relevant criteria for registration on the New Mexico Register of Cultural Properties or the National Register of Historic Places, as applicable.
   6-6(E)(3)(d)   The Design Standards and Guidelines help distinguish and establish the historic qualities, architectural character, or archaeological value to be protected.
   6-6(E)(3)(e)   The Design Standards and Guidelines will provide adequate and appropriate guidance and protections to assess applications for alterations, construction, and demolitions for the HPO zone or City landmark.
   6-6(F)   MASTER DEVELOPMENT PLAN
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(F) or the DPM.
   6-6(F)(1)   Applicability
 
   6-6(F)(1)(a)   A Master Development Plan may only be approved for a site 20 acres or greater in the NR-BP zone district.
   6-6(F)(1)(b)   An application for a Master Development Plan may be for legally platted lots, nonconforming lots, or unsubdivided land.
   6-6(F)(2)   Procedure
   6-6(F)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.
   6-6(F)(2)(b)   The EPC shall conduct a public hearing on the application and shall make a decision on the application.
   6-6(F)(2)(c)   The EPC may delegate authority to the DRB to determine technical review of compliance with conditions of approval and DPM standards.
   6-6(F)(2)(d)   The EPC may grant a Variance to IDO standards as part of this approval pursuant to Subsection 14-16-6-6(N) (Variance – EPC).
   6-6(F)(2)(e)   If the Master Development Plan is associated with a zone change to NR-BP, approval of the Master Development Plan is contingent on approval of the zone change pursuant to Subsection 14-16-6-7(H) (Zoning Map Amendment – Council).
   6-6(F)(3)   Review and Decision Criteria
   An application for a Master Development Plan shall be approved if it meets all of the following criteria:
   6-6(F)(3)(a)   The Master Development Plan is consistent with the ABC Comp Plan, as amended.
   6-6(F)(3)(b)   The Master Development Plan complies with all applicable provisions of the IDO, in particular those of the NR-BP zone district; the DPM; and other adopted City regulations.
   6-6(F)(3)(c)   The City's existing infrastructure and public improvements, including but not limited to its street, trail, drainage, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the maximum extent practicable.
   6-6(F)(3)(d)   The Master Development Plan mitigates any significant adverse impacts on the surrounding area.
   6-6(G)   PERMIT – CARPORT
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(G).
   6-6(G)(1)   Applicability
   This Subsection 14-16-6-6(G) applies to all applications for a carport in a required front or side setback.
 
   6-6(G)(2)   Procedure
   6-6(G)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE pursuant to all applicable provisions of Section 14-16-6-4 (General Procedures).
   6-6(G)(2)(b)   The ZHE shall conduct a public hearing on the application and make a written decision on the application pursuant to all applicable provisions of Section 14-16-6-4 (General Procedures).
   6-6(G)(3)   Review and Decision Criteria
   An application for a Permit – Carport shall be approved if all of the following criteria are met:
   6-6(G)(3)(a)   The carport would strengthen or reinforce the architectural character of the surrounding area.
   6-6(G)(3)(b)   The carport would not be injurious to adjacent properties, the surrounding neighborhood, or the larger community.
   6-6(G)(3)(c)   The design of the carport complies with the provisions in Subsection 14-16-5-5(F)(2)(a)3 (Carports).
   6-6(G)(3)(d)   No carport wall is a hazard to traffic visibility, as determined by the Traffic Engineer.
   6-6(G)(3)(e)   The carport is not taller than the primary building on the lot.
   6-6(H)   PERMIT – WALL OR FENCE – MAJOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(H).
   6-6(H)(1)   Applicability
   This Subsection 14-16-6-6(H) applies to all applications for walls or fences that that require a Permit – Wall or Fence – Major pursuant to Subsection 14-16-5-7(D)(3)(g) (Exceptions to Maximum Wall Height).
 
   6-6(H)(2)   Procedure
   6-6(H)(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 ZHE. 293
   6-6(H)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.
   6-6(H)(2)(c)   The ZHE shall conduct a public hearing on the application and make a written decision on the application.
   6-6(H)(3)   Review and Decision Criteria
   An application for a Permit – Wall or Fence – Major for a wall in the front or street side yard of a lot with low-density residential development in or abutting any Residential zone district that meets the requirements in Subsection 14-16-5-7(D)(3)(g) (Exceptions to Maximum Wall Height) and Table 5-7-2 shall be approved if the following criteria are met:
   6-6(H)(3)(a)   The wall is proposed on a lot that meets any of the following criteria:
      1.   The lot is at least ½ acre.
      2.   The lot fronts a street designated as a collector, arterial, or interstate highway.
      3.   For a front yard wall taller than allowed in Table 5-7-1, at least 20 percent of the properties with low-density residential development with a front yard abutting the same street as the subject property and within 330 feet of the subject property along the length of the street the lot faces have a front yard wall or fence over 3 feet. This distance shall be measured along the street from each corner of the subject property's lot line, and the analysis shall include properties on both sides of the street. (See figure below for an illustration of this measurement.)
 
      4.   For a street side yard wall taller than allowed in Table 5-7-1, at least 20 percent of the properties with low-density residential development with a side yard abutting the same street as the subject property and within 330 feet of the subject property along the length of the street the lot faces have a street side yard wall or fence over 3 feet. Thi distance shall be measured along the street from each corner of the subject property's lot line, and the analysis shall include properties on both sides of the street. (See figure below for an illustration of this measurement.)
   6-6(H)(3)(b)   The proposed wall would strengthen or reinforce the architectural character of the surrounding area.
   6-6(H)(3)(c)   The proposed wall would not be injurious to adjacent properties, the surrounding neighborhood, or the larger community.
   6-6(H)(3)(d)   The design of the wall complies with any applicable standards in Section 14-16-5-7 (Walls and Fences), including but not limited to Subsection 14-16-5-7(E)(2) (Articulation and Alignment), Subsection 14-16-5-7(E)(3) (Wall Design), and all of the following:
      1.   The wall or fence shall not block the view of any portion of any window on the front façade of the primary building when viewed from 5 feet above ground level at the centerline of the street in front of the house.
      2.   The design and materials proposed for the wall or fence shall reflect the architectural character of the surrounding area.
   6-6(I)   SITE PLAN – DRB
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(I) or the DPM.
 
   6-6(I)(1)   Applicability 294 4
   A Site Plan – DRB may only be approved for legally platted or nonconforming lots, and may not be approved for unsubdivided property. This Subsection 14-16-6-6(I) applies to:
   6-6(I)(1)(a)   Any application that does not qualify for consideration as a Site Plan – Administrative under Subsection 14-16-6-5(G), including any application that requires major public infrastructure or an Infrastructure Improvements Agreement (IIA) in order to comply with standards in this IDO or the DPM, with the following exceptions:
      1.   If the project is located in the NR-SU or PD zone districts, a Site Plan – EPC pursuant to Subsection 14-16-6-6(J) is required.
      2.   Any application for a site 5 acres or greater that is adjacent to Major Public Open Space requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J).
      3.   Any application for a project in the Railroad and Spur Small Area that requires a cumulative impact analysis pursuant to Subsections 14-16-5-2(F) and 14-16-6-4(H) requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J). 296
      4.   Any application that does not avoid sensitive lands identified in a sensitive lands analysis as required pursuant to Subsection 14-16-5-2(C) requires a Site Plan – EPC pursuant to Subsection 14-16-6-6(J).
   6-6(I)(1)(b)   Any application for a cluster development for which the applicant requests DRB review, provided that the Planning Director concurs with that request.
   6-6(I)(1)(c)   Any application for an electric utility for which the applicant requests DRB review, provided that the Planning Director concurs with that request.
   6-6(I)(1)(d)   Any application for a new electric generation facility, as defined by the Facility Plan for Electric System Transmission and Generation, as amended.
   6-6(I)(1)(e)   Any application for any other major utility within any zone district where approval by the DRB is required by an adopted Facility Plan.
   6-6(I)(2)   Procedure
   6-6(I)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the DRB.
   6-6(I)(2)(b)   The DRB shall conduct a public meeting on the application and shall make a decision on the application.
   6-6(I)(2)(c)   A Site Plan – DRB may not be approved until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-6(I)(2)(d)   The DRB may grant deviations to IDO standards as part of this approval within the thresholds established in Subsection 14-16-6-4(P) (Deviations).
   6-6(I)(2)(e)   The DRB may grant a Waiver to 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) as part of this approval pursuant to Subsection 14-16-6-6(P) (Waiver – DRB).
   6-6(I)(2)(f)   The DRB may delegate authority to relevant City staff to determine technical review of compliance with conditions of approval, zoning standards, and technical standards. 297
   6-6(I)(2)(g)   Site Plans shall be reviewed administratively for compliance with conditions of approval and zoning standards prior to the issuance of a building permit.
   6-6(I)(3)   Review and Decision Criteria
   An application for a Site Plan – DRB shall be approved if it meets all of the following criteria:
   6-6(I)(3)(a)   The Site Plan complies with all applicable provisions of 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.
   6-6(I)(3)(b)   The City's existing infrastructure and public improvements, including but not limited to its street, trail, drainage, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the maximum extent practicable.
   6-6(I)(3)(c)   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.
   6-6(J)   SITE PLAN – EPC
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(J) or the DPM.
 
   6-6(J)(1)   Applicability
   6-6(J)(1)(a)   A Site Plan – EPC may only be approved for legally platted or nonconforming lots, and may not be approved on unsubdivided property, except for development in the PD or NR-SU zone districts and any development on a site 5 acres or greater adjacent to Major Public Open Space, in which case a Site Plan approval is required prior to any platting action.
   6-6(J)(1)(b)   This Subsection 14-16-6-6(J) applies to the following:
      1.   Any application within an NR-PO zone district that does not qualify for consideration as a Site Plan – Administrative pursuant to Subsection 14-16-6-5(G).
      2.   Any application for development associated with a Zoning Map Amendment application in a zone district that requires a Site Plan – EPC to be reviewed and decided simultaneously, including but not limited to MX-FB, NR-SU, and PD.
      3.   Any application for development on a lot 5 acres or greater adjacent to Major Public Open Space.
      4.   Any Subdivision or Site Plan application for development that has not avoided sensitive lands identified in the sensitive lands analysis required pursuant to Subsection 14-16-5-2(C).
      5.   Any application for development in the Railroad and Spur Small Area requiring a cumulative impact analysis pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements). 298
      6.   Any application for development for which the applicant requests EPC review, provided that the Planning Director concurs with that request.
      7.   Any application for an electric utility within any zone district where EPC approval is required by the Facility Plan for Electric Transmission.
      8.   Any application involving a major utility as a primary use of the site unless specified otherwise in an adopted Facility Plan.
   6-6(J)(2)   Procedure
   6-6(J)(2)(a)   For Extraordinary Facilities in the NR-PO-B sub-zone, the Open Space Advisory Board shall review the application and make a recommendation to the EPC.
   6-6(J)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.
   6-6(J)(2)(c)   The EPC shall conduct a public hearing on the application and shall make a decision on the application.
   6-6(J)(2)(d)   The EPC may delegate authority to the DRB to determine technical review of compliance with conditions of approval and DPM standards.
   6-6(J)(2)(e)   A Site Plan – EPC may not be approved until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-6(J)(2)(f)   The EPC may grant a Variance to IDO standards as part of this approval per Section 14-16-6-6(N) (Variance – EPC).
   6-6(J)(2)(g)   Site Plans shall be reviewed administratively for compliance with conditions of approval and zoning standards prior to the issuance of a building permit.
   6-6(J)(3)   Review and Decision Criteria
   Any application for a Site Plan – EPC shall be approved if it meets all of the following criteria:
   6-6(J)(3)(a)   The Site Plan is consistent with the ABC Comp Plan, as amended.
   6-6(J)(3)(b)   The Site Plan is consistent with any applicable terms and conditions in any previously approved NR-SU or PD zoning covering the subject property and any related development agreements and/or regulations.
   6-6(J)(3)(c)   The Site Plan complies with all applicable provisions of this IDO, 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.
   6-6(J)(3)(d)   The City's existing infrastructure and public improvements, including but not limited to its street, trail, drainage, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the maximum extent practicable.
   6-6(J)(3)(e)   The application mitigates any significant adverse impacts on the project site and the surrounding area to the maximum extent practicable.
   6-6(J)(3)(f)   If the subject property is within an approved Master Development Plan, the Site Plan meets any relevant standards in the Master Development Plan in addition to any standards applicable in the zone district the subject property is in.
   6-6(J)(3)(g)   If a cumulative impact analysis is required in the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(F) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements), the Site Plan incorporates mitigation for all identified cumulative impacts. The proposed development will not create material adverse impacts on water quality or other land in the surrounding area through increases in traffic congestion, parking congestion, noise, vibration, light spillover, or other nuisances without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts. 299
   6-6(K)   SUBDIVISION OF LAND – MINOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(K) or the DPM.
 
   6-6(K)(1)   Applicability
   This Subsection 14-16-6-6(K) applies to the review of an application for any of the following:
   6-6(K)(1)(a)   Approval of a subdivision of land within the City that:
      1.   Creates 10 or fewer lots on any single lot that has been recorded as a single lot for at least 3 years previously.
      2.   Does not require any new streets.
      3.   Does not require major public infrastructure.
      4.   Does not create any lots that do not front on a public or private street previously approved by the City.
      5.   Does not require installation of any infrastructure, other than service connections between permitted structures on the lot and existing infrastructure and other systems located in or on an adjacent street or lot.
      6.   Does not require the installation of any off-site infrastructure of a size, type, or location that may create significant adverse impacts on adjacent or nearby property owners.
      7.   Is on land 5 acres or greater adjacent to Major Public Open Space with a Site Plan – EPC.
      8.   Is on land zoned NR-SU or PD with a Site Plan – EPC.
      9.   Is on land zoned NR-BP with a Master Development Plan.
      10.   Is on land zoned PC with a Framework Plan.
   6-6(K)(1)(b)   Approval of a combination of previously platted subdivision lots and termination of some or all of the related easements, where all benefitted and burdened parties agree to the lot combination and easement termination.
   6-6(K)(2)   Procedure
   6-6(K)(2)(a)   The DRB shall review the application and shall conduct a public meeting and make a decision on the application.
   6-6(K)(2)(b)   If the subdivision is associated with a Vacation Public Right-of-Way pursuant to Subsection 14-16-6-6(M), the zone district boundary shall be extended to the new property line created by platting the vacated public right-of-way into abutting properties.
   6-6(K)(2)(c)   The DRB may grant a Waiver to a DPM standard as part of this approval pursuant to Subsection 14-16-6-6(P) (Waiver – DRB).
   6-6(K)(2)(d)   The DRB may grant a deviation to a Development Standard in the IDO as part of this approval per the thresholds in Section 14-16-6-4(P) (Deviations).
   6-6(K)(2)(e)   Final Plats shall include a list of any Variances, Waivers, and deviations granted as an exhibit or note.
   6-6(K)(2)(f)   When all conditions of approval are satisfied, the final plat is approved; approval shall be recorded on the original drawing of the final plat and shall be dated and verified by the signatures of members of the DRB.
   6-6(K)(2)(g)   The applicant shall record the plat with the Bernalillo County Clerk within 6 months after DRB signatures. A plat that is not recorded in a timely manner is not valid, may not be used as the basis for legal transfer of property where a subdivision is required, and is subject to withdrawal of the DRB approval through the same process used to approve the Subdivision of Land – Minor.
   6-6(K)(3)   Review and Decision Criteria
   An application for a Subdivision of Land – Minor shall be approved if it meets all of the following criteria:
   6-6(K)(3)(a)   The application complies with all applicable provisions of 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.
   6-6(K)(3)(b)   Any Waivers granted to Development Standards applicable to the subdivision in Section 14-16-5-3 (Access and Connectivity) or Section 14-16-5-4 (Subdivision of Land) and any deviations to other IDO standards granted within the thresholds established by Section 14-16-6-4(P) (Deviations) are documented in the application.
   6-6(L)   SUBDIVISION OF LAND – MAJOR
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(L) or the DPM.
 
   6-6(L)(1)   Applicability
   6-6(L)(1)(a)   This Subsection 14-16-6-6(L) applies to any application for a subdivision of land or combination of previously subdivided lots that is not eligible to be processed as a Subdivision of Land – Minor pursuant to Subsection 14-16-6-6(K).
   6-6(L)(1)(b)   The following applications for a subdivision of land require a prior approval and can then be processed as a Subdivision of Land – Minor pursuant to Subsection 14-16-6-6(K); an application for Subdivision of Land – Major is not a substitute for the required prior approval.
      1.   Subdivision of land 5 acres or greater adjacent to Major Public Open Space that does not have a Site Plan – EPC.
      2.   Subdivision of land that is zoned NR-SU or PD that does not have a Site Plan – EPC.
      3.   Subdivision of land that is zoned NR-BP that does not have a Master Development Plan.
      4.   Subdivision of land that is zoned PC that does not have a Framework Plan.
   6-6(L)(1)(c)   This Subsection 14-16-6-6(L) applies to any application for a bulk land subdivision for either of the following:
      1.   Property that is at least 5 acres; in an R-A, R-1, R-MC, R-T, or PC zone district; and designated for residential development.
      2.   Property that is at least 20 acres; in an R-ML, R-MH, or PC zone district or any Mixed-use or Non-residential zone district; and designated for mixed-use or non-residential development.
   6-6(L)(2)   Procedure
   6-6(L)(2)(a)   Deviations and Waivers
      1.   The DRB may grant a deviation to a Development Standard in the IDO as part of this approval pursuant to the thresholds in Subsection 14-16-6-4(P) (Deviations).
      2.   The DRB may grant a Waiver to 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) pursuant to Subsection 14-16-6-6(P) (Waiver – DRB).
   6-6(L)(2)(b)   Pre-application Meeting
   In addition to those provisions in Section 14-16-6-4(B) (Pre-application Meeting), the following provisions apply to Subdivisions of Land – Major:
      1.   The applicant shall submit a sketch plat that indicates the basic layout of the proposed subdivision, including general layouts of streets, drainage areas, open spaces, and buildable lots within the subdivision, and other technical standards specified in the DPM.
      2.   If the subdivision is associated with a Vacation Public Right-of-Way pursuant to Subsection 14-16-6-6(M), the zone district boundary shall be extended to the new property line created by platting the vacated public right-of-way into abutting properties.
      3.   The DRB shall review the sketch plat, conduct a public meeting, and provide a letter of advice outlining the requirements and recommendations of the meeting, which will address the suitability of the proposal for development and for infrastructure improvements based on the intent of this IDO and the DPM.
      4.   The approved sketch plat shall not be recorded but shall be retained by the City Planning Department, and the Preliminary and Final Plat are required to be generally consistent with the sketch plat letter of advice.
   6-6(L)(2)(c)   Bulk Land Subdivision
      1.   In addition to the procedures above, the Bulk Land Subdivision will require further review during the Subdivision or Site Plan approval process in order to use the land for development and/or building purposes. Approval of a Bulk Land Subdivision does not indicate that land within that subdivision complies with applicable IDO Subdivision or Site Plan standards.
      2.   The plat shall reflect the applicant’s agreement that building permits shall not be issued for any area within the Bulk Land Subdivision before a Preliminary Plat and Final Plat have been approved and the Final Plat for the subject area has been recorded.
   6-6(L)(2)(d)   Preliminary Plat
      1.   The sketch plat letter of advice expires after 1 year. If a Preliminary Plat that meets all standards and requirements of this IDO and the DPM is not filed within 1 year of the letter of advice, the applicant must re-submit an application for sketch plat.
      2.   Any request for a Waiver from the Development Standards applicable to the subdivision in Sections 14-16-5-3 (Access and Connectivity), 14-16-5-4 (Subdivision of Land), or 14-16-5-5 (Parking and Loading) shall be reviewed and decided pursuant to Subsection 14-16-6-6(P) (Waiver – DRB), shown on the Preliminary Plat, and considered simultaneously with the review and approval of the Preliminary Plat.
      3.   The City Planning Department staff shall review the application and forward a recommendation to the DRB.
      4.   The DRB shall conduct a public meeting and make a decision on the application.
   6-6(L)(2)(e)   Construction Plans
   After approval of the Preliminary Plat, the applicant shall present construction plans and specifications for all improvements (which shall conform to the approved Preliminary Plat) to the City Engineer for approval, together with a proposed IIA between the subdivider and the City specifying all infrastructure proposed for construction. Construction plans and specifications shall meet all applicable requirements of the DPM or other technical standards adopted by the City.
   6-6(L)(2)(f)   Infrastructure Improvements Agreement
   After approval of the Preliminary Plat, the applicant shall provide to the City an IIA that complies with the following standards and all applicable standards in the DPM.
      1.   The IIA shall specify the time period within which the improvements necessary to provide required access, public services, and public amenities required of the applicant are to be completed, which time period will end not later than 2 years after execution of the IIA.
      2.   An IIA for sidewalks that have received an adjustment for temporary deferral of installation shall have a time period that will end 4 years after execution of the IIA, unless extended by the DRB for good cause, as described in the DPM.
      3.   The DRB may extend the time periods listed in Subsections 1 and 2 above for a period of less than 1 year for good cause shown.
      4.   If a Preliminary Plat approval should expire under the terms of this IDO without a Final Plat having been approved, the IIA automatically lapses, and no further improvements are required or approved.
      5.   After execution of an IIA approved by the City, the applicant may proceed with the construction of all required improvements.
   6-6(L)(2)(g)   Final Plat
      1.   Within 1 year after DRB approval, or approval with conditions, of a Preliminary Plat, the applicant shall submit a Final Plat that meets all standards and requirements in the DPM.
      2.   The City Planning Department staff shall review the application and forward a recommendation to the DRB.
      3.   The DRB shall conduct a public meeting and make a decision on the application.
      4.   When all conditions of approval are satisfied, the DRB shall accept the revised Final Plat. The applicant may then record it with the Bernalillo County Clerk as soon as possible, but in no case more than 5 business days from date of DRB signature. 300
   6-6(L)(2)(h)   Dedications
      1.   Dedication of public areas, as required by Subsection 14-16-5-4(K), or by other City policy requirements shall be free and clear of any liens or encumbrances and be in fee simple unless one of the following applies:
         a.   The applicant demonstrates that fee simple dedication is legally infeasible.
         b.   The DRB and the City Attorney find that a different type of dedication better accomplishes City policy or is provided for by specific ordinance.
      2.   If dedication in other than fee simple is approved, the nature of the property interest dedicated shall be clearly indicated on the plat.
      3.   When parks are dedicated, a deed to the land shall be delivered to the governmental body with jurisdiction over that type of park, as determined by the City.
   6-6(L)(3)   Review and Decision Criteria
   6-6(L)(3)(a)   An application for a Bulk Land Subdivision shall be approved if it complies with all applicable provisions of 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.
   6-6(L)(3)(b)   An application for a Preliminary Plat shall be approved if it complies with all applicable provisions of 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.
   6-6(L)(3)(c)   An application for a Final Plat shall be approved if it includes all changes, conditions, and requirements contained in the Preliminary Plat approval.
   6-6(M)   VACATION OF EASEMENT, PRIVATE WAY, OR PUBLIC RIGHT-OF-WAY
All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(M) or the DPM.
 
   6-6(M)(1)   Applicability
   This Subsection 14-16-6-6(M) applies to all applications for any of the following Vacations:
   6-6(M)(1)(a)   Vacation of Public or Private Easement or Private Way
   Any public or private easement or private way shown on a recorded plat.
   6-6(M)(1)(b)   Vacation of Public Right-of-way – Council
   Any public right-of-way that meets any of the following thresholds:
      1.   More than 500 square feet or the entire width of a platted alley.
      2.   More than 5,000 square feet or the entire width of a street, including any or all of the right-of-way.
   6-6(M)(1)(c)   Vacation of Public Right-of-way – DRB
   Any public right-of-way that does not meet the thresholds in Subsection (b) above.
   6-6(M)(2)   Procedure
   6-6(M)(2)(a)   The City may retain, use, or dispose of any vacated public right-of-way in any manner that the City, in its discretion, deems appropriate.
   6-6(M)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the DRB.
   6-6(M)(2)(c)   The DRB shall conduct a public meeting on the application.
   6-6(M)(2)(d)   For a Vacation of Public or Private Easement or Private Way or for a Vacation of Public Right-of-way – DRB, the DRB shall make a decision on the application.
   6-6(M)(2)(e)   For a Vacation of Public Right-of-way – Council, the DRB shall make a recommendation and forward the application to City Council for inclusion on the consent agenda for approval without first going to any City Council committee.
   6-6(M)(2)(f)   If an application for a Vacation of Public Right-of-way is approved, all of the following requirements shall apply:
      1.   Within 7 days of the approval, the applicant shall coordinate with the Real Property Division of the City Department of Municipal Development and send notice of the approved vacation by First Class Mail to all abutting property owners. The letter shall include the contact information for the Real Property Division of the City Department of Municipal Development, as well as any other information as directed by the Real Property Division of the City Department of Municipal Development:
         a.   Abutting property owners have 30 days from the receipt of the notice to notify the Real Property Division of the City Department of Municipal Development of the intent to purchase the vacated right-of-way, or any portion thereof, or possibly forfeit their right to do so.
         b.   Within 7 days of receipt of the notice of intent to purchase, the Real Property Division of the City Department of Municipal Development will provide the interested property owner with a purchase price for the desired portion of the vacated public right-of-way.
      2.   Any property owner that purchases vacated public right-of-way shall obtain a Subdivision of Land – Minor or a Subdivision of Land – Major, as applicable, to combine the vacated right-of-way with their property within 1 year of the approval of the Vacation or the Vacation is voided. The zone district boundary will be extended to the new lot lines established by the subdivision.
   6-6(M)(3)   Review and Decision Criteria
   An application for a Vacation of Easement, Private Way, or Public Right-of-way shall be approved if it meets any of the following criteria:
   6-6(M)(3)(a)   The public welfare does not require that the easement, private way, or public right-of-way be retained.
   6-6(M)(3)(b)   There is a net benefit to the public welfare because the development made possible by the Vacation is clearly more beneficial to the public welfare than the minor detriment resulting from the Vacation, and there is no convincing evidence that any substantial property right is being abridged against the will of the owner of the right.
   6-6(N)   VARIANCE – EPC
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(N) or the DPM.
 
   6-6(N)(1)   Applicability
   6-6(N)(1)(a)   This Subsection 14-16-6-6(N) applies to all requests for Variances from any Development Standard in this IDO requested as part of a Site Plan – EPC application.
   6-6(N)(1)(b)   This Subsection 14-16-6-6(N) applies to requests for Variances to standards in Subsections 14-16-3-6(D)(4) (Setback Standards) or 14-16-3-6(D)(5) (Building and Structure Height) in the Coors Boulevard – VPO-1.
   6-6(N)(1)(c)   This Subsection 14-16-6-6(N) applies to requests for Variances to standards in Subsection 14-16-3-6(E)(3) (Building and Structure Height) of the Northwest Mesa Escarpment – VPO-2 for one of the following exceptions to structure height:
      1.   A Variance to allow up to 4 feet of additional height for non-residential structures to screen rooftop equipment.
      2.   A Variance to allow up to 19 feet above finished grade where grading requirements necessitate a minimum amount of fill for proper drainage.
   6-6(N)(2)   Procedure
   6-6(N)(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. 301
   6-6(N)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.
   6-6(N)(2)(c)   The EPC shall conduct a public hearing and make a decision on the application as part of the associated Site Plan – EPC review and decision.
   6-6(N)(2)(d)   A Variance – EPC may not be granted until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-6(N)(2)(e)   Any Variances granted associated with a Site Plan shall be noted on the approved Site Plan.
   6-6(N)(2)(f)   Requests for a Variance to structure height in Subsection 14-16-3-6(E) (Northwest Mesa Escarpment – VPO-2) shall at a minimum include all of the following:
      1.   Site plans, site elevations, and site sections showing the location of the major public views (i.e. views from the site perimeter or nearest public road to the east, west, south, and north property lines and views to the escarpment),
      2.   View analysis that illustrate the expected impact of structure height on major public views given the relationship of slopes, building heights, setbacks, escarpment height, and view corridors.
      3.   Analysis and demonstration of at least 1 of the techniques required by Subsection 14-16-3-6(E)(3) (i.e. height/slope, view corridors, or height/slope/setback) to minimize the impact of additional structure height on views to and from the escarpment.
      4.   A Grading and Drainage Plan that has been approved by the City Engineer.
   6-6(N)(3)   Review and Decision Criteria
   6-6(N)(3)(a)   General
   An application for a Variance – EPC shall be approved if it meets all of the following criteria:
      1.   There are special circumstances applicable to a single lot that are not self-imposed and that do not apply generally to other property in the same zone district and vicinity, including but not limited to size, shape, topography, location, surroundings, physical characteristics, natural forces, or by government actions for which no compensation was paid. Such special circumstances of the lot either create an extraordinary hardship in the form of a substantial and unjustified limitation on the reasonable use or economic return on the property, or practical difficulties result from strict compliance with the minimum standards.
      2.   The Variance will not be materially contrary to the public safety, health, or welfare.
      3.   The Variance does not cause significant material adverse impacts on surrounding properties or infrastructure improvements in the vicinity.
      4.   The Variance will not materially undermine the intent and purpose of this IDO or the applicable zone district.
      5.   The Variance approved is the minimum necessary to avoid extraordinary hardship or practical difficulties.
   6-6(N)(3)(b)   Coors Boulevard – VPO-1
   An application for a Variance from the standards for setback, structure height, or structure bulk and massing in Subsection 14-16-3-6(D) (Coors Boulevard – VPO-1) shall be approved if it meets the criteria in Subsection (a) above and all of the following criteria:
      1.   The Variance will not materially undermine the protected views described in Subsection 14-16-3-6(D)(2).
      2.   The intent of the view regulations in Subsection 14-16-3-6(D)(5) is met.
   6-6(N)(3)(c)   Northwest Mesa Escarpment – VPO-2 11
   An application for a Variance from the 15-foot structure height limit in the Height Restriction Sub-area in Subsection 14-16-3-6(E)(3) (Northwest Mesa Escarpment – VPO-2) shall be approved if it meets the criteria in Subsection (a) above and all of the following criteria:
      1.   Hardship
      The intent of the view regulations in Section 14-16-3-6(E) (Northwest Mesa Escarpment – VPO-2) must be met. The burden is on the applicant to demonstrate that strict adherence to VPO-2 building height regulations would render the lot undevelopable because of physical and/or engineering constraints (e.g. rock outcroppings, street grades, drainage requirements, ADA compliance, utility design, etc.).
      2.   Visual Impact
      The impact of the proposed development on views to and from the escarpment will be the same as, or less than, the impact if the 15-foot height limit were met.
   6-6(O)   VARIANCE – ZHE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(O) or the DPM.
 
   6-6(O)(1)   Applicability
   This Subsection 14-16-6-6(O) applies to all requests for Variances from an IDO standard except the following:
   6-6(O)(1)(a)   Variances to IDO standards requested in applications for a Site Plan – EPC, which require a Variance – EPC pursuant to Subsection 14-16-6-6(N).
   6-6(O)(1)(b)   Variances to standards in Subsections 14-16-3-6(D)(4) (Setback Standards) or 14-16-3-6(D)(5) (Building and Structure Height) in the Coors Boulevard – VPO-1, which require a Variance – EPC pursuant to Subsection 14-16-6-6(N).
   6-6(O)(1)(c)   Variances to standards in Subsection 14-16-3-6(E)(3) (Building and Structure Height) in the Northwest Mesa Escarpment – VPO-2, which require a Variance – EPC pursuant to Subsection 14-16-6-6(N).
   6-6(O)(2)   Procedure
   6-6(O)(2)(a)   A Variance – ZHE may not be granted until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-6(O)(2)(b)   All applications in an HPO zone or on a property or in a district 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. 303
   6-6(O)(2)(c)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.
   6-6(O)(2)(d)   The ZHE shall conduct a public hearing and make a decision on the application.
   6-6(O)(3)   Review and Decision Criteria
   6-6(O)(3)(a)   General
   An application for a Variance – ZHE shall be approved if it meets all of the following criteria:
      1.   There are special circumstances applicable to a single lot that are not self-imposed and that do not apply generally to other property in the same zone district and vicinity, including but not limited to size, shape, topography, location, surroundings, physical characteristics, natural forces, or by government actions for which no compensation was paid. Such special circumstances of the lot either create an extraordinary hardship in the form of a substantial and unjustified limitation on the reasonable use or economic return on the property, or practical difficulties result from strict compliance with the minimum standards.
      2.   The Variance will not be materially contrary to the public safety, health, or welfare.
      3.   The Variance does not cause significant material adverse impacts on surrounding properties or infrastructure improvements in the vicinity.
      4.   The Variance will not materially undermine the intent and purpose of this IDO or the applicable zone district.
      5.   The Variance approved is the minimum necessary to avoid extraordinary hardship or practical difficulties.
   6-6(O)(3)(b)   Variance in the APO Zone
   An application for a Variance – ZHE from a standard in Section 14-16-3-3 (Airport Protection Overlay Zone) shall be approved for a structure or vegetation within the Air Space Protection Sub-area, excluding the Runway Protection Sub-area, if it meets the criteria in Subsection (a) above and all of the following criteria:
         a.   The request meets the requirements of this Subsection 14-16-6-6(O).
         b.   The ZHE determines that the request will not cause an increase of minimum requirements for instrument or night flying, or will not otherwise cause or create a greater hazard to air navigation.
      2.   A Variance may be conditioned to require hazard marking and lighting per Subsection 14-16-3-3(F).
   6-6(O)(3)(c)   Variance for Front Yard Parking
   A Variance – ZHE to the maximum front yard parking area requirements in Subsection 14-16-5-5(F)(2)(a)2 shall be granted if it meets all of the criteria in Subsection (a) above and if each lot with low-density residential development within 330 feet of the subject property along the length of the street that property faces has no more than 1 on-street parking space. (See figure below for an illustration of this measurement.)
 
   6-6(P)   WAIVER – DRB
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(P).
 
   6-6(P)(1)   Applicability
   This Subsection 14-16-6-6(P) applies to any application for a deviation from 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) beyond the thresholds established by Table 6-4-1, except the following:
   6-6(P)(1)(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).
   6-6(P)(1)(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).
   6-6(P)(2)   Procedure
   6-6(P)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the DRB.
   6-6(P)(2)(b)   The DRB shall conduct a public meeting and make a decision on the application.
   6-6(P)(2)(c)   A Waiver – DRB may not be granted until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
   6-6(P)(2)(d)   A notice of any Variances, Waivers, or deviations granted associated with a subdivision shall be placed on the final plat and on a separately recorded document, and any Variances, Waivers, or deviations granted associated with a Site Plan shall be noted on the approved Site Plan.
   6-6(P)(3)   Review and Decision Criteria
   An application for a Waiver – DRB shall be approved if it complies with the following criteria:
   6-6(P)(3)(a)   Any of the following applies:
      1.   There are pre-existing obstructions that cannot be easily or economically relocated or should not be altered, such as grades, fills, water courses, natural topographic features, man-made obstructions, or utility lines.
      2.   The area or site has been recognized as having historical, archeological, and/or architectural significance by the City, State, or federal government, and a Waiver is needed and appropriate to maintain such historical, archeological, and/or architectural significance.
      3.   The established neighborhood character or landscaping on the site would be damaged to a degree that outweighs the public interest in the City’s normal technical standards in that location.
      4.   Varying from the normal requirements and standards will encourage flexibility, economy, effective use of open space, or ingenuity in design of a subdivision, in accordance with accepted principles of site planning.
   6-6(P)(3)(b)   The Waiver will not be materially contrary to the public safety, health, or welfare.
   6-6(P)(3)(c)   The Waiver does not cause significant material adverse impacts on surrounding properties.
   6-6(P)(3)(d)   The Waiver will not hinder future planning, public right-of-way acquisition, or the financing or building of public infrastructure improvements.
   6-6(P)(3)(e)   The Waiver will not conflict significantly with the goals and provisions of any City, County, or AMAFCA adopted plan or policy, this IDO, or any other City code or ordinance.
   6-6(P)(3)(f)   The Waiver will not allow, encourage, or make possible undesired development in the 100-year Floodplain.
   6-6(P)(3)(g)   The Waiver will not materially undermine the intent and purpose of this IDO or the applicable zone district.
   6-6(P)(3)(h)   The Waiver does not allow a lot or type of development that does not meet the applicable Development Standards for the zone district where the lot is located, unless a deviation to such standards is within the thresholds established by Subsection 14-16-6-4(P) (Deviations) and is granted by the DRB as part of this approval.
   6-6(P)(3)(i)   The Waiver approved is the minimum necessary to provide redress without being inconsistent with the provisions of this Subsection 14-16-6-6(P).
   6-6(P)(3)(j)   If the request is a for a Waiver to IDO sidewalk requirements, the area is of low-intensity land use to an extent that the normal installation of sidewalks will not contribute to the public welfare, and the absence of a sidewalk will not create a gap in an existing sidewalk system extended to 1 or more sides of the subject property.
   6-6(Q)   WAIVER – WIRELESS TELECOMMUNICATIONS FACILITY
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(P).
 
   6-6(Q)(1)   Applicability
   This Subsection 14-16-6-6(P) applies to all applications to deviate from the wireless telecommunications regulations otherwise applicable to the erection or installation of a Wireless Telecommunications Facility (WTF) under this IDO.
   6-6(Q)(2)   Procedure
   6-6(Q)(2)(a)   The City Planning Department staff shall review the application for a Waiver and forward a recommendation to the EPC.
   6-6(Q)(2)(b)   The EPC shall conduct a public hearing and make a decision on the application for a Waiver and may grant a Waiver of those requirements over which the EPC has review authority except for allowed maximum height, which does not qualify for a Waiver.
   6-6(Q)(3)   Review and Decision Criteria
   6-6(Q)(3)(a)   An application for a WTF Waiver shall be approved if it meets all of the following criteria:
      1.   It is in the best interest of the community as a whole.
      2.   It will expedite the approval of an antenna, tower, or tower alternative.
      3.   It will not jeopardize public health, safety, and welfare.
      4.   It will ameliorate either the adverse impact of antenna and tower proliferation or the adverse impact of requiring new construction of towers or antennas.
      5.   It will better serve the stated purposes of the City’s telecommunications regulations.
      6.   It will not allow the WTF to be taller or higher from the ground than would otherwise be allowed by this IDO.
   6-6(Q)(3)(b)   The facts to be considered by the EPC in reaching its decision include:
      1.   The height of the proposed tower.
      2.   The proximity of the tower antenna to any Residential zone district or a dwelling in any other zone district.
      3.   The nature of uses on adjacent and nearby properties.
      4.   The surrounding topography.
      5.   The surrounding vegetation and foliage.
      6.   The design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating any visual obtrusiveness.
      7.   The proposed ingress and egress.
      8.   The availability of suitable existing towers or other structures.

 

Notes

1
292   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
293
293   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
294
294   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. See EPC Recommended Condition #2.E.ii.b. Revised editorially to avoid conflict with 6-6(I)(A)(1)(a)
4
295   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A13 – PNM.
296
296   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
297
297   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
298
298   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
299
299   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1. Revised editorially to use defined term “small area” for consistency.
300
300   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
301
301   020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
11
302   2020 IDO Annual Update – Small Area Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
303
303   2020 IDO Annual Update – Citywide Text Amendments. Revised editorially for consistency with similar language in other subsections.