(A) PURPOSE AND INTENT. The purpose of this Section is to delineate the processing procedures in order for a request to be considered by the Village.
(B) APPLICATION.
(1) Applications may be made by the Board/Commission or by any person with record ownership interest in the affected property or by a tenant or agent with the owner’s written authorization.
(C) PROCEDURE.
(1) The following steps shall be followed to process permit applications:
(D) PLANNING DIRECTOR ISSUED PERMITS. The following permits may be issued by the Planning Director. Any decision of the Planning Director may be appealed to the Board/Commission.
(1) Amendments To Conditions Of Approval, or Amendments to Conditions Of Approval associated with a permit or exemption, (Public Notice Required) may be granted when the
(a) Condition is no longer necessary,
(b) Condition impedes the ability to effectively utilize the real property,
(c) Circumstances necessitating the condition have changed since the conditions were imposed.
(2) Conditional Uses. Conditional uses, which have been publicly noticed with no adverse comments received by the deadline, may be approved by the designated Planning and Zoning Director.
(a) A conditional use shall be approved only if, in the circumstances of the particular case and under conditions imposed, the proposed use will be in conformance with the Master Plan and will not be injurious to adjacent property, the neighborhood or the community.
(b) Approval of a conditional use shall be made subject to specific conditions that are deemed necessary to protect the public safety, health, morals or general welfare of the Village.
(c) Any application for a conditional use for the same property cannot be filed within six (6) months from the date of the final action on a prior application.
(d) The public notice shall be in accordance with § 9.2.25(F) Public Notice Regulations.
(3) Declaratory Ruling. Upon request, the Planning Director shall issue declaratory rulings as to the applicability of the Zoning Code to a proposed development, use, or activity. In determining whether or not a use is permitted by the Zoning Code, the similarity to, and compatibility with, other permissive or conditional uses in that zone shall be the determining factors.
(4) Home Occupation Permit. A home occupation is any use or activity clearly incidental and secondary to the use of a premise as a dwelling.
(a) Permit Required. It shall be unlawful for any person, either directly or indirectly to conduct any home occupation without a permit approved by the Planning Director or Commission.
(b) Procedure for issuance of permit.
1. Every person required to procure a permit under the provisions of this paragraph shall submit an original permit application to the Village. The application shall be in such form and require such information as the Planning Director shall determine.
2. Public Notice shall follow § 9.2.25(F), except for permits issued in the C-1, VC or GD Zones, which do not require notice.
3. The permit application shall be accompanied by the first permit and business license fee
4. The Planning Director shall review all applications for permits.
5. If the application is for use of 500 square feet or less of the home and there is no adverse public comment, the Planning Director may approve the application.
6. If adverse public comment is received or the business utilizes an accessory building, the home occupation permit application shall be heard at a regularly scheduled public meeting of the Planning and Zoning Commission.
7. Whenever the Planning Director determines, in his or her discretion, that an application for permit is contrary to Village law, detrimental to the health, safety, or welfare of the Village or its inhabitants, or that the applicant is not acting in good faith, then the Planning Director shall recommend denial of the home occupation permit application to the Planning and Zoning Commission.
(c) Conditions of approval. If approved a permit for home occupation shall be subject to the following conditions:
1. It shall be conducted entirely within the residence or accessory buildings, by persons living at the residence as the primary business operator. Up to two additional employees may be employed by the business.
2. No more than five hundred (500) square feet of a residence and/or 1,000 square feet of an accessory building shall be used to conduct a home occupation.
a. § 9.2.25(D)(4)(c)(2) shall take effect on January 8, 2014 for all new applications.
3. It shall not generate significant vehicular traffic or parking around the residence in addition to that normally associated with the use of the residence as a dwelling. Up to ten (10) business related trips per day shall be considered negligible.
4. Any heavy equipment, trucks or vehicles not normally associated with residential use which may be used directly or indirectly in the home occupation shall not be stored or parked on public streets or residential property.
a. With specific approval of the Planning and Zoning Commission, there shall be permitted no more than two (2) service vehicles, used in the conduct of the business, upon the premises at any one time. A service vehicle is a car, SUV, pick-up truck or panel van.
b. There shall be no idling vehicles, nor diesel trucks greater than one (1) ton permitted on the premises.
5. There shall be no change in the outside appearance of the residence or accessory building or other visible evidence of the conduct of the home occupation except that a small non-illuminated sign of not more than four (4) square feet that blends with the aesthetic quality of the neighborhood may be approved by permit.
6. Any sales shall be limited to products or services generated or provided by the residents and must not disrupt the residential nature of the neighborhood.
7. There shall be no storage of materials or displays of merchandise visible from outside the lot lines of the residence.
8. There shall be no storage of materials or products which are explosive, flammable, toxic or otherwise hazardous to persons living within the residence or to the public.
9. No activity shall be performed outside of the dwelling or accessory building which is not normally associated with the use of the residence as a dwelling.
10. The conduct of the business must not produce offensive noise, vibration, fumes, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare electrical interference or other objectionable effects beyond the exterior walls of the dwelling or accessory building.
11. The Planning and Zoning Commission may impose such other conditions as it deems reasonable under the circumstances and those conditions shall be recorded on the approved home occupation permit.
12. Upon request by the Planning Director, the permittee shall completely and fully cooperate with any investigation of any complaint or suspected Code violation, including allowing a complete on premises inspection by Village designated personnel.
(d) Duration and Renewal. A home occupation permit shall remain in effect and an Annual Renewal License form must be submitted by December 31 of each year.
1. The Home Occupations permit fee may not be prorated for home occupations conducted for a portion of the year.
2. An Annual Renewal License form shall be filed on or before December 31 of each year. The Form shall be in such format as the Planning Director shall determine and shall be accompanied by the annual fees.
3. Renewal of each existing license is subject to approval of the Planning Director when no complaints or violations have been documented. Annual license renewals do not require public notice.
4. Permits which have received complaints or violations at any time during the year shall follow § 9.2.25(E)(3) Home Occupation Revocation procedures.
(e) License Renewal Fee. The annual license renewal fee shall be fifteen dollars ($15.00). The fee shall be in addition to the Business Registration required by State Law.
1. Any person who fails to make a timely renewal shall be subject to a late fee of ten dollars ($10.00) per year. The late fee is in addition to any penalties which may be imposed for violation of this Section
(f) Duties of Permittee. Every home occupation permittee shall comply with all federal, state, county and municipal laws and regulations applicable to such permitted occupation and the failure to do so shall constitute grounds for revocation. Each permittee shall post a current license on the premises where it is visible at all times.
(5) Home Occupation Permit – De Minimis
(a) The Planning Director may administratively approve such home occupation permit applications that meet the requirements of a De Minimis Home Occupation, a classification of home occupation activity that produces no visible or invisible effect at the property such as providing an internet service.
1. Public Notice is not required.
(b) A De Minimis home occupation permit may be approved to allow business activities within a residential property that comply with the following conditions.
1. It shall be conducted entirely within the residence or accessory buildings on the residential property and only by persons living at the residence.
2. No more than five hundred (500) square feet of a residence, and no more than one thousand (1,000) square feet of an accessory building shall be used to conduct a De Minimis home occupation.
a. § 9.2.25(D)(5)(b)(2) shall take effect on January 8, 2014 for all new applications.
3. It shall not generate vehicular traffic or parking around the residence in addition to that normally associated with the use of the residence as a dwelling.
4. Any heavy equipment, trucks, or vehicles not normally associated with residential use that shall be used directly or indirectly in the home occupation shall not be stored or parked on public streets or residential property.
5. There shall be no change in the outside appearance of the residence or accessory building or other visible evidence of the conduct of the home occupation.
6. Any sales shall be limited to products or services generated or provided by the residents of the property and must not disrupt the residential nature of the neighborhood.
7. There shall be no storage of materials or displays of merchandise visible from outside the lot lines of the residence.
8. There shall be no storage of materials or products that are explosive, flammable, toxic, or otherwise hazardous to persons living within the residence or to the public.
9. No activity shall be performed outside of the dwelling or accessory buildings which is not normally associated with the use of the residence as a dwelling.
10. The conduct of the business shall not produce offensive noise, vibration, fumes, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, electrical interference or other objectionable effects beyond the exterior walls of the dwelling or accessory building.
11. Other conditions shall be imposed as deemed reasonable and necessary.
12. Every home occupation permittee shall comply with all federal, state, county, and municipal laws and regulations applicable to permitted occupations and the failure to do so shall constitute grounds for revocation. Each license shall be posted on the premises where it is visible at all times.
13. De Minimis home occupations shall not employ individuals other than the permittee and permittee family members who live and work on the premises.
14. All home occupations must abide by the regulations of the zone in which the home is located.
15. No signage shall be permitted.
16. Upon request by the Planning Director, the permittee shall completely and fully cooperate with any investigation of any complaint or suspected code violation, including allowing a complete on premises inspection by Village designated personnel.
(c) Duration and Renewal:
1. The De Minimis Home Occupations permit shall remain in effect and the fee may not be prorated for home occupations conducted for a portion of the year.
2. An Annual Renewal License form shall be filed on or before December 31 of each year. The Form shall be in such format as the Planning Director shall determine and shall be accompanied by the annual fees.
3. Renewal of each existing license is subject to approval of the Planning Director when no complaints or violations have been documented. Annual license renewals do not require public notice.
4. Permits which have received complaints or violations at any time during the year shall follow § 9.2.25(E)(3) Home Occupation Revocation procedures.
(d) License renewal fee. The annual license renewal fee shall be fifteen dollars ($15.00). The fee shall be in addition to the Business Registration required by State Law.
1. Any person who fails to make a timely renewal shall be subject to a late fee of ten dollars ($10.00) per year. The late fee is in addition to any penalties which may be imposed for violation of this Section.
(6) Minor Site Plan Amendments. Physical modifications to commercial buildings or structures of less than twenty percent (20%) of the total floor area may be approved by the Planning Director. If the Planning Director determines the requested modification is significant, the request will be referred to the Commission/Board. Minor Site Plan Amendments shall be considered only one time in a calendar year.
(7) Reconstruction Permits. A Reconstruction Permit may be approved to allow for the reconstruction of a nonconforming building to the building’s original configuration in the event that such building has been damaged or destroyed. The Planning Director may approve a reconstruction permit if the following findings can be made:
(a) The building’s nonconformity was not the result of any deliberate action taken by the building’s owner after the zoning regulation to which the building does not conform has become effective.
(b) The building was conforming to all applicable Codified Ordinances, regulations and statutes immediately prior to the enactment of the zoning Ordinance that rendered the building nonconforming.
(8) Shared Parking Agreement. A shared parking agreement shall be approved as to form and content by the Village Attorney, and approved by the Director/Commission/Board to allow businesses to share parking stalls when such uses individually, can not meet the off street parking regulations as set forth in § 9.2.18, or when one or more businesses use the same building. The shared parking agreement shall be placed on file with the Village and recorded on the subject properties with the Bernalillo County Clerk.
(9) Sidewalk Café Permits. Public Notice Required. A Sidewalk Café Permit may be approved in the C-1, GD and VC zones if the project conforms with the following regulations, policies, guidelines, and design standards. The Planning Director shall consider the following in the determination:
(a) The width of the sidewalk where the café will be located.
(b) The design and relationship of the café to other existing or planned uses on a particular street.
(c) The amount of pedestrian use on the sidewalk and the impact of the café’s location on potential pedestrian activity and the public health, safety, and welfare.
(d) In order to approve the Sidewalk Café Permit, after considering the criteria in § 9.2.25(D)(9) above, the Planning Director may make the following findings:
1. The location of a sidewalk café in a particular area will not adversely effect the neighborhood, and will implement the goals of the Master Plan.
2. The proposed use will not be detrimental to persons residing, visiting, or working in the area.
3. The proposed use will comply with all relevant regulations in the Village 2013 Codified Ordinances and all applicable building laws including state laws and regulations.
(e) A public liability insurance policy of at least one million dollars ($1,000,000) shall be required before approval of a sidewalk café permit. Such liability insurance shall be provided in a form and an amount acceptable to the Village Attorney. The policy shall name the Village of Los Ranchos de Albuquerque as an additional insured and shall be maintained.
(f) The sidewalk café shall be permitted only in conjunction with an eating or drinking establishment that is operating on the contiguous adjacent private property.
(g) A sidewalk café must be accessible to the physically handicapped. The Building Official shall review sidewalk café permit applications in order to ensure compliance with the UBC for making buildings accessible to the physically handicapped and any other state or local regulations which the Building Official enforces.
(h) All Sidewalk Café permits shall be for the duration of the continuous use of the eating or drinking establishment but shall be subject to revocation or modification by the Planning Director if it is determined that one or more of the findings and/or conditions of the permit have been violated or that a change of circumstances has occurred that warrants or requires such revocation or modification.
(10) Temporary Construction Permits. A Temporary Construction Permit may be approved in any zone for the construction of storage yards or temporary construction project offices. The temporary use may be allowed for a period not to exceed one (1) year.
(a) All debris, storage of materials or equipment must be confined to an area that is fenced and locked after normal business hours.
(b) The Planning Director may impose such conditions as deemed necessary to mitigate the effects of the temporary use.
(11) Tract Real Estate Office Permits. A Tract Real Estate Office Permit may be approved for real estate offices, model homes and signs in connection therewith. The permit shall be approved for a period not to exceed one (1) year.
(12) Zoning Certification. Zoning Certification may be requested for a Zone history of a specific piece of property. If the subdivision of land impacts the property rights on a specific piece of property, the subdivision shall be so noted in the verification.
(13) Zoning Clearance. All business permit applications must receive a zoning clearance from the Planning Director prior to approval and commencement of business activities in the Village.
E. COMMISSION/BOARD ISSUED PERMITS. The following permits and any appeal of the Planning Director’s decision may be approved by the Commission according to the Matrix, or considered by the Commission for approval and forwarded to the Board with a recommendation for approval.
(1) Bed and Breakfast Establishments
(a) Bed and Breakfast establishments are allowable in all zones of the Village with approved permit and annual business license, providing the premise has access to city water and sewer or obtains a wastewater permit from the NMED stating the maximum flow rate on the parcel. There is a cap on the number of Bed and Breakfast permits issued in the Village at a given time, determined by Board of Trustees resolution. Permits are non-transferable.
(b) Approval is by the Planning and Zoning Commission at a regularly scheduled hearing with public notice as per § 9.2.25(F) subject to the following conditions:
1. Bed and Breakfast establishments must be operated by the property owner or otherwise authorized resident, living on site. Operator must provide proof of primary residency or lease Up to two additional employees may be employed by the business.
a. Proof of primary residence includes two of the following:
i. Driver’s license
ii. Motor vehicle registration
iii. Tax documents (i.e. income tax return, property tax bill)
iv. Two consecutive utility bills, no older than 6 months
v. Voter registration
vi. State issued identification card
vii. Copy of rental lease (if applicable)
viii. Other form or combinations of forms that demonstrate verifiable identification and authority to reside and operate a Bed and Breakfast establishment determined acceptable by the Village.
2. It shall be conducted entirely within the residence or accessory buildings on the residential property. While conforming activities may take place outdoors or in accessory buildings, lodging outside of a dwelling unit is prohibited.
3. Not more than four guestrooms may be utilized to provide lodging in the A-1, A-2, A-3, R-2, and R-3 zones.
4. Parking for guests must be off street and the number of spaces must meet the Off-Street Parking provisions of § 9.2.18(B)(9).
5. Meals may or may not be served.
6. Unauthorized guests are prohibited.
7. Noise must be mitigated according to § 7.4.2. Nuisances, Misconduct and Common Offenses.
8. One lighted sign not to exceed four (4) square feet is permitted on premises and must meet the Dark Skies provisions of § 9.2.20.
9. Bed and Breakfast establishments must have published rules of operation, approved by the Planning Director, posted in the rental that include at least the following:
a. Fire evacuation route map and all other information the Fire Department requests to be posted;
b. Instructions on trash disposal and location of waste containers;
c. Emergency services and operator’s 24/7 emergency contact phone numbers;
d. Hours between 10:00 P.M. and 6:00 A.M. designated as quiet hours per the Village’s noise regulations, § 7.4.2;
e. Occupancy is limited to two (2) adults per guestroom, not including children twelve (12) or under;
f. Unauthorized guests are prohibited;
g. Events are prohibited.
10. A site plan must be submitted showing the entire property, on-site parking, and outdoor areas subject to short-term rental.
11. Floor plan(s) must be submitted that show all rooms in dwelling unit(s), including those not included in rental. Rooms for rental must be identified and note occupancy limit.
12. If operator advertises or lists bed and breakfast establishment, advertisement must include license number.
13. Short-term rental insurance coverage for the short-term rental unit(s) is recommended.
14. Every permittee shall comply with all federal, state, county, and municipal laws and regulations applicable and the failure to do so shall constitute grounds for revocation. Each license shall be posted on the premises where it is visible at all times.
15. Upon request by the Planning Director, the permittee shall completely and fully cooperate with any investigation of any complaint or suspected code violation, including allowing a complete on premises inspection by Village designated personnel.
16. Bed and Breakfast permits shall be subject to such different and additional conditions as the Planning and Zoning Commission deems reasonable.
17. Bed and Breakfast establishments shall be inspected annually by the Fire Department for fire safety.
18. An application for a Bed and Breakfast for the same property has not been filed within six (6) months from the date of the final action on a prior application.
(c) Revocation:
1. Complaints of suspected violations may be made in writing by any Village resident. Complaints must fully and completely state the nature of the violation.
2. The Zoning Enforcement Officer is hereby authorized to initiate investigations and issue notices of violations of § 9.2.25(E)(1).
a. If the Zoning Enforcement Officer determines that a violation of § 9.2.25(E)(1) has occurred, the Zoning Enforcement officer shall issue a notice of violation to the owner, tenant, agent, occupant, or person in charge of the premises, indicating the nature of the violation. The operator shall be responsible for violations caused by renters.
b. Upon three notices of violation in a three hundred sixty-five (365) day period, a bed and breakfast permit is deemed revoked. The Operator may file a Notice of Appeal of Revocation with the Village Clerk with the appropriate filing fee, within fifteen (15) calendar days after that date of mailing of the third notice of violation.
c. Appeals of a Planning and Zoning Commission shall be governed by § 9.2.25(G).
3. Upon revocation of a bed and breakfast permit, all activity associated with the establishment must cease and desist within seventy-two (72) hours.
4. If revoked, a permit shall not be reissued for either an operator or a property for one (1) calendar year from date of revocation.
(d) Bed and Breakfast establishments currently licensed under home occupation licenses shall receive a Bed and Breakfast license upon annual renewal.
(e) Short-term rentals operating prior to June 9, 2021 shall be required to obtain a Bed and Breakfast permit but will be considered legally non-conforming for the following requirements: Maximum number of rooms and on-premises operator. Legally non-conforming status may be revoked if the operation violates any other requirement or has complaints leading to revocation. Operators will have until October 6, 2021 to apply for a Bed and Breakfast permit with their legally non-conforming status. No applications for existing operations received after that date will be considered legally non-conforming.
(f) Duration and Renewal:
1. The Bed and Breakfast permit remains in effect and may not be prorated for business conducted for a portion of the year.
2. An Annual Renewal Permit form shall be filed on or before December 31 of each year. The Form shall be in such format as the Planning Director shall determine and shall be accompanied by the annual fees.
3. Renewal of each existing permit is subject to approval of the Planning Director when no complaints or violations have been documented. Annual permit renewals do not require public notice.
4. Permit renewal fee. The annual permit renewal fee shall be sixty-five dollars ($65.00). The fee shall be in addition to the Business Registration required by State Law.
5. Any person who fails to make a timely renewal shall be subject to a late fee of ten dollars ($10.00) per year. The late fee is in addition to any penalties, which may be imposed for violation of this ordinance.
6. If a permit holder has not renewed their annual permit within forty-five (45) days after January 1 of that year, their permit is expired.
(g) This section is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, or restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short term rental purposes as defined in this section.
(2) Conditional Use. When referred for action by recommendation of the Planning and Zoning Director, a conditional use shall be approved to allow conditional uses delineated in a zone if the following findings are made:
(a) A conditional use shall be approved only if, in the circumstances of the particular case and under conditions imposed, the proposed use will be in conformance with the Master Plan and will not be injurious to adjacent property, the neighborhood, or the community.
(b) Approval of a conditional use shall be made subject to specific conditions that are deemed necessary to protect the public safety, health, morals, or general welfare of the Village.
(c) An application for a conditional use for the same property cannot be filed within six (6) months from the date of the final action on a prior application.
(3) Home Occupation Revocation.
(a) Complaints of suspected violations may be made in writing at any time. Complaints must fully and completely state the nature of the violation.
(b) Upon receipt of written complain concerning a home occupation license, or any code violation, the Planning Director shall initiate a full investigation.
(c) If the investigation substantiates the complaint, the Planning Director shall schedule a hearing before the Planning and Zoning Commission at the next regularly scheduled meeting following Public Notice § 9.2.25(F).
(d) The Planning and Zoning Commission will consider all presented testimony and evidence and make the decision to revoke the home occupation license or not according to adopted Rules for the Transaction of Business.
(e) Upon revocation of a home occupation permit, all activity associated with the occupation will cease and desist within seventy-two (72) hours of such decision.
(f) Appeals may be filed according to § 9.2.25(H).
(4) Site Development Plan
(a) Approval. Approval of a Site Development Plan by the Commission and the Board of Trustees is required for major subdivisions; commercial subdivisions where all lots will be developed by one developer, new commercial construction and for commercial projects that modify an existing structure by twenty percent (20%) or more, except Tenant Improvement internal remodels, or add square footage to the total floor area; schools; museums; arenas; convention centers; and/or when required as a condition of approval for Conditional or Special Use Permits.
1. Public Notice and Hearing requirements as set forth in § 9.2.25(F) Public Notice Regulations, below shall be followed.
(b) Applications. An applicant requesting use of a building, structure, or land requiring Site Development Plan approval must obtain and return a completed application for a Site Development Plan and all required components. The application shall be returned to the Planning Director, accompanied by the appropriate application fee.
1. The application for Site Development Plan shall include a document package with the following:
a. The application form as designed by the Planning and Zoning Department, which includes but is not limited to a Zone Classification and Permissive Uses, Character Area and proposed land use.
b. Grant/Warranty Deed or Letter of Agent. Verification of proof of ownership – Legal description.
c. Current property tax record from Bernalillo County Assessor.
d. Required Site Development elements of § 9.2.25(E)(3) below.
(c) Review Process.
1. The applicant shall request and have scheduled a Sketch Plat review at which time the Commission will discuss the proposal and provide direction in the form of comments without formal action.
a. Amendments to previously approved Site Development Plans do not need a Sketch Plat Review.
2. After the Sketch Plat Review, the Planning Director shall schedule a hearing for preliminary approval before the Commission.
3. The Commission may set conditions and forward a recommendation to the Board of Trustees for final approval; or
4. Applications which do not receive a recommendation of approval from the Commission may submit a revised plan to the Commission for review; or
5. Applicants may appeal the Commission denial to the Board of Trustees according to § 9.2.25(H)(2).
6. The final approval application for Site Development Plan shall be heard by the Board of Trustees when all requirements have been met.
(d) Grading and Drainage Plan – NPDES Stormwater Management Plan approval.
1. Initial submittal for Commission preliminary approval of Site Development Plan.
2. After Commission approval, a review of the Grading and Drainage Plan by the Village Designated Engineer is required.
a. If the Village Designated Engineer requires substantial changes (changes which would require reconfiguration of buildings or parking lot) the Site Development Plan shall be brought back before the Planning and Zoning Commission for preliminary approval of revised plan.
b. Comments from the Village Designated Engineer are addressed and the plan is corrected and resubmitted for final review.
c. Final review and approval by the Village Designated Engineer required for final Site Plan approval by the Board of Trustees.
(e) Requirements. The Commission and Board shall not approve any Site Development Plan unless all the requirements of this Section are met and satisfactory provisions have been made concerning all components.
1. Site Development Plan submittals shall be prepared and signed by a New Mexico professional engineer, architect or a land surveyor licensed in New Mexico.
2. Two (2) copies submitted for initial review by Planning Director.
a. Planning and Zoning Director shall inform applicant as to size and number of plans required for hearings after staff review and approval for content.
(f) Site Development Plans shall include the following: (data sheets may be combined)
1. Existing Conditions Plan requirements
a. Address of Property (Los Ranchos de Albuquerque);
b. Site Map;
c. Existing buildings and disposition;
d. Existing contour elevations and spot elevations at access points;
e. Existing trees, landscaping, outcroppings, etc.;
f. Existing utilities, power poles, transformers, right-of-ways and easements;
g. Adjacent street names;
h. Other appurtenances that exist which impact the development (wells, walls, ditches etc.); and
i. Archeological or historical data and clearance if required from State Historic Preservation Office;
2. Site Plan
a. Vicinity map with north arrow;
b. Lot dimensions, setbacks, and easements;
c. Data for total site area, disturbed area, and total impervious area;
d. Ingress/egress to the property and access to proposed structures thereon, with particular reference to automobile and pedestrian safety;
e. Pedestrian walkways.
3. Sign Requirements;
a. Placement of all signs.
b. Size and type of signs (must be permitted separately and follow § 9.2.22 for Signs)
4. Exterior lighting locations, type of lighting
5. Mailbox locations;
6. Bike rack locations;
7. Building plans/elevations;
a. Total proposed square footage for all structures;
i. Individual square footage per structure marked on plans. (Heated and unheated, covered patios and walkways).
b. Proposed use of space;
i. Restaurants must meet State Environmental Health requirements.
c. Four direction exterior elevation plans;
d. Height from final grade – marked on plans;
e. Exterior materials and colors; and
f. Exterior equipment (including roof mounted).
(g) Grading and Drainage Plan – NPDES Stormwater Management Plan
1. Vicinity map and north arrow;
2. FEMA Floodplain data, benchmark data and legend;
3. A complete Grading and Drainage Plan (EPA NPDES Stormwater Management Plan) which will be forwarded to the building permitting process as follows:
a. A topographic survey and grading plan with final elevation contours to be achieved by grading.
i. All grade and spot elevations at access points.
b. Stormwater management measures;
i. Selected to best accommodate the specific geologic, hydrologic, and topographic features of the land to be developed.
c. Stormwater runoff peak flow rate;
i. Determined by the one hundred (100) year, six (6) hour storm event.
ii. Calculation of the runoff peak flow rate may approximate the event from available data.
d. On-site control measures;
i. These may include, but are not limited to, the use of detention or retention basins and active and passive water harvesting techniques including swales, berms, cisterns, check dams, vegetative ground cover, and other techniques appropriate for retaining and infiltrating water on-site.
e. All water containment in structures that have water open to the air;
i. Shall empty within twenty four (24) hours through approved outlet structures designed to ensure a controlled release of water that will not cause flooding or erosion or shall empty within ninety-six (96) hours through percolation or natural infiltration.
ii. Percolation tests or other means of demonstrating that containment structures will empty within ninety-six (96) hours may be required.
f. Infiltration, detention, and retention basins;
i. Shall provide a means of controlling and removing sediment.
ii. Methods may include sedimentation settling ponds, sediment traps, filters on drop inlets, or other methods.
iii. All basins shall be designed to empty within no more than 24 hours with approved outlet, or within 96 hours as per § 9.2.25(E)(3)(g)(3)(e)(1). Vector control for mosquitoes, other insects and rodents shall be maintained.
g. Wherever possible, retention water shall be used for the irrigation of vegetation for landscaping;
h. No stormwater runoff shall be routed into public irrigation ditches, canals, acequias or private ditches;
i. No stormwater runoff shall be permitted to enter streets, public or private or public or private adjacent property.
i. A roof run-off drainage plan;
j. In-flow of runoff from adjacent properties; and
k. A post construction maintenance plan.
(h) Roadway Standards
1. Traffic control mechanisms;
a. Traffic Impact Study may be required.
2. The Village retains the right to limit access to major arterials from private drive ways and proposed developments when:
a. The house does not front on a major arterial (Rio Grand Blvd., Fourth Street, Montano, Osuna, Guadalupe Trail, etc.) as designated by the Village.
b. The house is part of a subdivision with internal streets used for ingress and egress by the subdivision.
c. Right of way can be obtained via a subsidiary street.
d. Granting right-of-way constitutes a safety hazard, would contribute to congestion and is contrary to the public welfare.
3. Roadway Specifications
a. Standard curbs and gutters are not allowed, in order to maintain the rural, agricultural nature of the Village, except when:
i. The Grading and Drainage Stormwater Management plan requires curb and gutter as a necessary part of the plan; or
ii. The streets are part of a state, federal or local infrastructure improvement.
b. Public roadways shall meet Urban Residential Street specifications per Attachment § 9.2.25(E)(4)(h)(3)(b).
c. Private paved roadways shall meet Paved Private Way specifications per Attachment § 9.2.25(E)(4)(h)(3)(b); or approved alternative.
d. Private graveled roadways shall meet Graveled Private Way specification per Attachment § 9.2.25(E)(4)(h)(3)(d).
e. Rolled curb and gutter may be approved on a case by case basis.
(i) Parking Requirements and parking lot design
1. Required number of parking spaces and dimensions;
2. Required number of handicapped parking spaces and dimensions;
(j) Loading and docking areas;
(k) Paved parking lots meeting the Paved Private Way specifications of Attachment 1; and
(l) Unpaved parking lots meeting the Graveled Private Way specification of Attachment 2.
(m) Trash receptacles
1. Dumpsters must be placed on a concrete pad and be enclosed and gated, away from abutting neighborhoods or special considerations for the neighborhood, such as screening, must be employed.
(n) Landscaping Plan
1. Must meet Section 19Landscaping.
(o) Utilities Plan.
1. Sewer and water availability statement from ABCWUA; and
2. Location of existing and proposed fire hydrants approved by the Fire Department.
(p) Lighting Plan
1. Must meet current provisions in Section 20 for Dark Skies.
(q) Signage Plan (separate permit required)
1. Must meet current provisions in Section 22 for Signs.
(r) Site Development Plan must meet all Fire Department requirements.
(s) Additional Requirements. Any change in use which would require additional parking and/or any alteration or addition to the site of any structure upon the site, shall require the re-submittal of an application and approval as required by this Section.
1. The Planning Director/Commission/Board may require additional information on the economic, noise, glare or odor effects of the proposed use on adjoining properties and the overall health and safety of the community.
(t) Variance from Site Development Plan Requirements
1. Where the Board of Trustees finds that extraordinary hardships or practical difficulties may result from strict compliance with this Site Development and/or the purposes of this Section may be served to a greater extent by an alternative proposal, it may approve variances of conditions to this Section so that substantial justice may be done and the public interest secured, provided that the variance shall not have the effect of nullifying the intent and purpose of this Section; and further, the Board of Trustees shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case.
2. Conditions. In approving variances to Site Development Plans, the Board of Trustees may require such conditions as it will, in its judgment, secure substantially the purposes described herein.
3. Procedures. The applicant shall submit an application for a variance from Site Development Plan requirements in writing at the time the Site Development Plan is filed for the consideration of the Planning and Zoning Commission. The applicant shall state fully the grounds for the application and all of the facts relied upon by the applicant.
4. Findings. Such findings of the Planning and Zoning Commission, together with the specific facts upon which such findings are based, shall be forwarded to the Board of Trustees with a recommendation. Variances may be granted only when in harmony with the general purpose and intent of this Article so that the public health, safety or welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute undue hardship.
(5) Special Use Permits. Review and approval by the Board of Trustees is required for all Special Use Permits.
(6) Text Amendments to the Zoning Code. Text Amendments to the Zoning Code may be considered by the Commission/Board upon receipt of a completed application, or upon request of the Planning Director, Planning and Zoning Commission or a member of the Board of Trustees.
(7) Variance. This provision applies to applications for variances from the terms of this Chapter 9.
(a) A variance may be granted if:
1. The variance is in conformance with the goals and policies of the Village Master Plan; and
2. It is not contrary to the public interest in protecting and fostering the character of the vicinity and the Village, and will not cause material adverse impacts on adjacent property, the neighborhood, or the community; and
3. Owing to special conditions, a literal enforcement of this Chapter 9 will result in unnecessary hardship.
(b) Unnecessary Hardship Criteria. Enforcement of this Chapter 9 may be deemed to cause unnecessary hardship if:
1. When compared with other land in the vicinity and located in the Village, subject to the same provisions, the parcel is exceptional by reason of physical characteristics of the land that existed when the provisions were adopted or which were created by natural forces or by government action for which no compensation was paid; or
2. When compared to other land in the vicinity and located in the Village, subject to the same provisions, the parcel is exceptional by reason of the condition or use of the parcel or of other land in the vicinity which condition or use existed when the provisions were adopted; or
3. The parcel is irregular or unusually narrow in shape, and the condition existed when provisions were adopted or was created by natural force or government action for which no compensation was paid; or
4. Circumstances have created a condition under which no reasonable use can be made of the land without the requested variance, provided however, that the fact that the affected parcel might have a greater value with the variance is not sufficient or justification in itself to authorize a variance; or
5. Other relevant factors exist that when taken into account indicate that granting of the variance is substantially justifiable giving proper weight to the interests of the property owner, the public interest in protecting and fostering the character of the vicinity and the Village, and the intent and purpose of the Master Plan and Zone Code.
(c) General principles applicable to all variances:
1. The requested variance shall not effectuate or be deemed to have authorized a zone change or in any manner affect the zoning of any property; and
2. Financial gain or loss shall never be the deciding factor in granting a variance unless the property owner would be deprived of all economically feasible use of the property; and
3. The requested variance differs from that allowed in this Chapter 9 only enough to relieve the alleged hardship; and
4. The alleged hardship was not self-imposed by the property owner; and
5. An application for a variance for the same property will not be considered if another application has been filed within six (6) months from the date of the final action on a prior application; and
6. Each and every variance is unique to the circumstances of the property for which it was granted; the granting of one variance does not set precedence for later variances.
(8) Zone Map Amendments. Amendments to the official Zoning Map may be considered by the Board upon recommendation of the Commission, if an application to amend zoning for the same property has not been filed within twelve (12) months from the date of final action by the Board on a prior application.
F. PUBLIC NOTICE REGULATIONS. Upon receipt of a completed application the Planning Director shall process the application and grant administrative approval as a routine matter and follow the public notice requirements for the appropriate permit. Any incomplete application or plat may be refused hearing by the Village until said document complies with all requirements of this Section or the Subdivision Code. Refusal to accept a zoning application may be appealed to the Planning and Zoning Commission/Board.
(1) Planning Director Approval
(a) The Village shall mail individual notice of the application request by first class mail, to the applicant and property owners, as shown by the records of the County Assessor, within a three hundred (300) foot radius of the subject site for lots less than two acres, and a four hundred (400) foot radius for sites over two acres, and,
(b) For Home Occupation Permits and Bed and Breakfast permits, the Village shall mail individual notice of the application request by first class mail to adjoining neighbors stating the nature of the proposed home occupation or that it is a Bed and Breakfast.
(c) The applicant shall post and maintain one or more signs describing the proposed request on the subject property at a location designated by the Planning Director. The applicant shall remove the sign(s) within five (5) days after the decision
(d) The public notice period shall be fifteen (15) calendar days from the date of mailing, after which the Director shall make a decision.
(e) The public may comment on the application and the Director shall consider the issues raised by the public.
(2) Commission Approvals
(a) Upon receipt of an application that requires Commission approval or review, the Planning Director shall designate a meeting of the Commission to consider the application. Consideration of the application shall be at a public hearing at the time and place designated by the Planning Director and contained in a public notice in a daily newspaper of general circulation within the Village at least fifteen (15) days before the date of the hearing. The notice shall state the address and/or legal description of the property and describe the request.
(b) Upon receipt of an appeal from a Planning Director decision, the Village Clerk and Planning Director shall jointly designate a meeting of the Commission to consider the appeal. Consideration of the appeal shall be at a public hearing at the time and place designated by the Village and contained in a public notice in a daily newspaper of general circulation within the Village at least fifteen (15) days before the date of the hearing. The notice shall state the address and/or legal description of the property and describe the decision being appealed.
(c) The Village shall mail individual notice of the application request or appeal by first class mail, to the applicant and property owners, as shown by the records of the County Assessor, within a three hundred (300) foot radius of the subject site for lots less than two acres, and a four hundred (400) foot radius for sites over two acres, and,
(d) The applicant shall post and maintain one or more signs describing the proposed request on the subject property at a location designated by the Director. The applicant shall remove the sign(s) within five (5) days after the decision.
(e) The public notice period shall be fifteen (15) calendar days prior to the date of the hearing in which the Commission shall make a decision.
(f) The public may comment on the application and the Commission shall consider the issues raised by the public.
(3) Board Approvals
(a) Upon receipt of an application that requires Board of Trustee review or an appeal from a Planning Director or Commission decision, the Village Clerk shall designate a meeting of the Board to consider the application. Consideration of the application shall be at a public hearing at the time and place designated by the Clerk and contained in a public notice in a daily newspaper of general circulation within the Village at least fifteen (15) days before the date of the hearing. The notice shall state the address and/or legal description of the property and describe the request.
(b) The Village shall mail an individual notice of the public hearing at least fifteen (15) days before the hearing by first class mail to the applicant and property owners, as shown by the records of the County Assessor, within a three hundred (300) foot radius of the subject site for lots less than two (2) acres, and a four hundred (400) foot radius for sites over two (2) acres.
(c) The applicant shall post and maintain one or more signs describing the proposed request on the subject property at a location designated by the Planning Director. The applicant shall remove the sign(s) within five (5) days after the Board issues its decision.
(d) For an application to amend the text of the ordinance, the public notice shall summarize the proposed amendment. The notice shall be published as provided by law and in all cases shall advise that interested parties may examine the application at the Village Hall during normal business hours.
G. HEARINGS AND DECISIONS
(1) Applications, pursuant to this code, may be heard by the Board/Commission at a meeting designated by the Village Clerk or Planning Director, as applicable.
(2) The advertised hearing may be continued to a subsequent regularly scheduled meeting or to a special meeting. The time and place of the continued hearing shall be announced at the originally designated meeting without advertising, re-posting of signs or providing additional notice pursuant to § 9.2.25 et seq.
(3) All persons wishing to testify at a hearing shall identify themselves and be sworn in by the Village Attorney, Village Clerk or a Notary Public prior to giving testimony. Testimony shall be limited to the matter that is relevant to the hearing. The Mayor or Commission Chairperson may impose reasonable limitations on the number of witnesses heard, and on the length and nature of their testimony. Parties to a hearing shall include all persons sworn in by the Village Attorney, Village Clerk or Notary Public plus the Board and any Village Staff or paid consultants who are present at the hearing, but shall not include the Village Attorney.
(a) The Applicant must provide all required and relevant material at least one month prior to the scheduled hearing.
(4) Village Clerk shall make and maintain for sixty (60) days a full record of the Planning and Zoning Commission hearing by sound recording. Any party may listen to or obtain a copy of the recording at any reasonable time and cost at Village offices. Summary minutes of the Planning and Zoning Commission hearings shall be kept in the Planning and Zoning Department and be available for public inspection.
(5) The Village Clerk shall make and maintain for sixty (60) days a full record of the Board of Trustees hearing by sound recording. Any party may listen to or obtain a copy of the recording at any reasonable time and cost at the office of the Village Clerk. Summary minutes of the Board of Trustees hearing(s) shall be kept by the Village Clerk and be available for public inspection.
(6) The Village shall act on any application at the conclusion of the hearing. The Village shall state the grounds for the decision pursuant to this Section and State law.
(7) The Village may impose conditions in granting a request.
(8) Written notice of any approval, approval with conditions, or denial of any application for variance, conditional use, or any other permit, zone map amendment, or text amendment shall be mailed or delivered to the applicant within fifteen (15) working days of the date of decision.
H. APPEALS.
(1) Director Decision Appeals. Appeals of Director decisions under § 9.2.25(D) must be made in writing to the Village Clerk and filed within fifteen (15) calendar days to the Planning and Zoning Commission. The Village Clerk and Planning Director will jointly schedule the project for review and consideration by the Commission at a public hearing.
(a) The appeal must include specific and relevant reasons for the appeal, citing the appropriate Village Master Plan sections and the applicable Sections of the Code.
(b) The Planning and Zoning Commission will consider all presented testimony and evidence and make the decision to deny the appeal or not according to adopted Rules for the Transaction of Business.
(c) Appeals shall follow the Village of Los Ranchos Resolution for Rules for Appeals. All persons giving verbal testimony shall be placed under oath. The appellant must present the entire case at the meeting. All written material shall be submitted thirty (30) days prior to the hearing date in a number of copies determined by the Village Clerk.
(d) Public Notice required per § 9.2.25(F) The Appellant shall be responsible for all Public Notice fees of the Appeal.
(2) Commission Decision Appeals. Appeals of Commission decisions must be made in writing to the Village Clerk and filed within fifteen (15) calendar days to the Board of Trustees. The Village Clerk will schedule the project for review and consideration by the Board at a public hearing.
(a) The appeal must include specific and relevant reasons for the appeal, citing the appropriate Village Master Plan sections and the applicable Sections of the Code.
(b) Public Notice required per § 9.2.25(F) The Appellant is responsible for all Public Notice fees of the Appeal.
(3) Board of Trustee Appeals will follow the current Village of Los Ranchos Resolution for Rules for Appeals. All persons giving verbal testimony shall be placed under oath. The appellant must present the entire case at the meeting. All written material shall be submitted thirty (30) days prior to the hearing date in a number of copies determined by the Village Clerk.
(4) Board Decision Appeals. Appeals of the Board decisions may be made to the appropriate district court, pursuant to New Mexico State Statutes.
I. VOID PERMITS.
(1) If a permit is granted and the subject activity of the permit has not commenced at the property within one (1) year of the approval date, the permit is void. The Planning Director or Commission may extend the permit upon submission of reasonable cause, such as, but not limited to, a lawsuit preventing development, severe financial hardship caused by injury or accident, etc.
(2) If a zone review is issued for a construction project and construction on the building is stopped for a consecutive period of six months (180 days), the zone review is void and a new permit must be obtained which meets current ordinances at the time of commencement of building.