§ 9.2.25 APPLICATION AND APPROVAL PROCESS

(1) SIGN means any device used for visual communication or display to public view of letters, words, numerals, figures, statutes, devices, emblems, pictures or any parts or combinations thereof designated to inform or advertise or promote merchandise, services, activities, or politically related information except for the following:

(a) Signs required by law or signs of a duly-constituted governmental body.

(b) Signs placed by a public utility for the safety, welfare, or convenience of the public.

(d) Any item of merchandise normally displayed within a show window of a business.

(e) Non-illuminated names of building, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal or any other permanent type construction and made an integral part of a permitted structure or made flush to the ground.

(f) Indoor signs not intended to be read from outside.

(2) BILLBOARD is a board, panel, or tablet used for the display of posters, painted or printed advertising matter, either illuminated or non-illuminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere other than the premises where the sign is located. A sign that directs attention to a business, commodity, services or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

(3) BUILDING-MOUNTED SIGN is a sign entirely supported by or through a building; this category shall include canopy, roof and wall signs.

(4) CLEAR SIGHT TRIANGLE is the area formed by a line measured from the corner of the property back twenty-five feet (25’) along each right-of-way, and connected by a line drawn between them to form a triangle.

(5) CODE ENFORCEMENT OFFICER is the officer and other designated authority charged with the administration and enforcement of this Section. A code enforcement official shall be a Village employee authorized by the Mayor.

(6) DIRECTOR is the Director of the Planning and Zoning Department of the Village of Los Ranchos.

(7) FREE-STANDING SIGN is a sign attached to or supported from the ground and not attached to a building; signs on walls or fences which are not an integral part of a building are FREE-STANDING SIGNS.

(8) GRAPHIC SHAPE SIGNS are signs which incorporate a logo.

(9) HOME OCCUPATION SIGNS are signs permitted to a business holding a valid home occupation permit (non-deminimis) granted by the Village of Los Ranchos.

(10) MULTI-TENANT SIGN is a single structure or composite sign containing information regarding multiple businesses on a single premise.

(11) MURAL is an artistic expression painted or similarly created on exterior wall surface which does not incorporate words or letters, and which does not advertise a business, product or service provided on or off the premises.

(12) NEON TUBING is electric discharge tubing manufactured in shapes that form letters, parts of letters, skeleton tubing, outline lighting, other decorative elements, or art forms, and filled with various inert gases.

(13) NONCOMMERCIAL MESSAGES are those messages not related to a commercial advertising sign. Whenever commercial speech would be permitted, noncommercial speech will be allowed.

(14) OFF-PREMISE SIGN is a sign whose content does not refer to a business or merchant doing business on the premises where the sign is displayed.

(15) ON-PREMISE SIGN is a sign whose contents relate to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease or construction of those premises.

(16) PAINTED WALL SIGN is any sign which is applied with paint or similar substance on the surface of a wall, which incorporates graphic devices including letters or words, and which advertises a business, product or service. A painted wall sign is a building mounted sign and must meet all regulatory requirements of a building mounted sign.

(17) PENNANT is any plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, often in a series, and designed to move in the wind.

(18) POLITICAL CAMPAIGN SIGN is a sign, which indicates an individual, party or issue that will be placed on the federal, state or local election ballot in the subject calendar year.

(19) PORTABLE SIGN is any sign designed to be moved easily and not permanently affixed to the ground, or to a structure or building.

(20) SANDWICH BOARD SIGN is an A-frame sign which is not permanently affixed to a structure or to the ground, and which does not exceed twelve (12) square feet in area on each of the two sign faces.

(21) SIGN FACE is the area of a sign made available by the sign structure for the purpose of displaying the advertising message.

(22) SIGNATURE SIGN is a sign built in the shape of an object or graphic and used to convey a message.

(23) SNIPE SIGN is a temporary sign affixed to trees, fences, utility poles, street furniture or any other device or structure in the public right-of-way.

(24) TEMPORARY SIGN is any sign, banner, pennant, valance or advertising display intended for display for a limited period of time only and not permanently mounted.

(B) PROHIBITED SIGNS. The following signs are prohibited and shall be removed or brought into conformance with § 9.2.22, Signs:

(1) Signs which contribute to confusion of traffic control or resemble traffic control lighting; unauthorized signs, signals, markings or devices which purport to be or are imitations of official traffic control devices or railroad signs or signals; or signs which obstruct the visibility of or interfere with the effectiveness of any official traffic control devices or any railroad signs or signals.

(2) Rotating, flashing or oscillating or still beacons of light and any lights that violate the Dark Skies provisions, § 9.2.20.

(3) Electronic message boards with moving messages.

(4) Portable metal frame signs, illuminated or non-illuminated, mounted on wheels or not, whether or not affixed by chains or otherwise made to appear to be permanent to a site.

(a) Portable signs existing at the time of May 19, 2008 are Grandfathered only as long as the sign remains on the original premises and is not relocated.

(b) Sandwich boards unless already permitted before May 19, 2008.

(5) Signs with Audible Devices.

(6) Signs on the public right-of-way; except for name and address signs on mailboxes.

(7) Any signs on the public right-of-way that impede pedestrian access.

(8) Off-premises signs.

(9) Signs in clear sight triangle at a roadway or driveway intersection.

(10) Abandoned signs, signs in disrepair and signs that advertise businesses or services that are no longer in operation or available.

(11) Billboards not already existing.

(12) Banner-type signs:

(a) Banners advertising alcoholic beverages;

(b) Real Estate banners;

(d) Any banner not meeting the criteria of § 9.2.22(I).

(13) Pendants on wires or ropes.

(14) Snipe signs for more than three (3) days, except those signs advertising lost pets.

(15) Advertisement signs for residential development other than one (1) sign for general contractor with parcel permit.

(1) All existing billboards and portable signs will be removed from the Village by March 31, 2011.

(2) No new billboards will be permitted under this Section.

(D) GENERAL REGULATIONS.

(1) All permanent and temporary signs require a sign permit from the Village.

(2) A sign shall not be erected, re-erected, constructed or altered except as provided for in this Section and after a permit for same has been issued by the Village.

(3) Application for sign permit shall be made in writing upon forms furnished by the Village.

(a) Plans or other pertinent information necessary to construction of the sign, including location by elevation drawing, dimensions, graphic reproduction must be submitted with the sign application.

(4) A separate permit shall be required for a sign or signs for each registered business entity.

(5) A permit shall be required by each tenant with signage on a single freestanding multi-tenant sign for multi-tenant buildings or structures.

(6) A sign permit shall lapse if the business license for the premises lapses or is revoked, or is not renewed.

(a) A sign permit shall lapse if the business activity on the premises is discontinued for a period of one hundred eighty (180) days or more.

(7) New tenants in a premises with an existing free standing sign are required to obtain sign permits per (1) through (5).

(8) All permanent free-standing signs require a building permit from the Village and must meet all applicable State electrical, and mechanical codes and the Village of Los Ranchos Municipal building codes.

(a) A new sign permit is not required for the maintenance or repair of an existing conforming sign. Maintenance and repair includes re-facing and repainting of existing signs provided neither the size nor structure of the sign is changed.

(b) Modifications, excluding repairs, to nonconforming signs are prohibited unless the signs are brought into conformance in accordance with this Section.

(9) Sign permits for signs that meet the requirements of the general regulations and do not require variance or other special approvals may be approved by the designated Planning and Zoning Official.

(10) Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

(E) COMMERCIAL SIGN SIZE AND SPECIFICATIONS.

(1) All individual commercial free-standing signs shall have a maximum of forty (40) square feet on each of a maximum of two (2) sides.

(a) For individual businesses with free-standing signs, a maximum of twenty (20) square feet is allowed for building mounted signage.

(2) Multi-tenant signs, identifying all businesses located on one (1) premise or in one (1) building or cluster of buildings are allowed a maximum of fifty (50) square feet of printed area. Maximum overall sign shall not exceed sixty five (65) square feet.

(a) The perimeter of measurable area includes all embellishments such as pole covers, framing, decorative roofing, support structures or decorative bases including planters. There shall be no written advertising copy on said area, except the name of the complex at the top.

(b) Each business, located within the complex, is allowed twenty (20) square feet of building mounted sign.

(3) Larger signs may be approved by the Planning and Zoning Commission for large buildings and large developments through a site development review and application approval process, if in scale with the size of the building, or distance from the roadway.

(a) For businesses facing directly on a major street and not in shopping centers or complexes, for every linear foot of distance that a buildingmounted sign is set back from the nearest street right-of-way line, an increase of one (1) square foot of sign area may be permitted, provided, no sign shall be increased to exceed five percent (5%) of the total area on the side of the building where it is mounted.

(4) For Shopping Centers or complexes where § 9.2.22(E)(3)(a) does not apply due to pre-existing buildings and the nearest street right-of-way is in excess of fifty (50) feet, the designated zoning official may approve appropriately scaled signage after taking into consideration the distance from the street and other, existing signage within the complex.

(5) The maximum area allowed for signs shall include any signs painted on windows or other surfaces of the property.

(6) Co-op businesses at a single premise, such as those selling antiques, are considered as one (1) business regarding sign regulations.

(7) If a property is bordered by more than one (1) roadway, it may have one (1) building-mounted sign on each side facing a roadway, but only one free-standing sign.

(8) Measurement of signs:

(a) The area of each sign face on a sign shall be measured as a rectilinear line of not more than eight (8) sides, drawn around and enclosing the perimeter of each printed advertising or information area.

(b) The area shall then be summed and totaled to determine the total area.

(9) Only those sandwich board signs with existing approved permits at the time of May 19, 2008 shall be allowed and shall be displayed only during the hours of operation of the business.

(10) Signs upon a vehicle are permitted, provided that any such vehicle with a sign is not conspicuously parked by a roadway so that it constitutes advertising in and of itself; such vehicles may be used for bona fide delivery and other vehicular purposes.

(F) HEIGHT.

(1) Maximum height placement of an attached sign shall not exceed the maximum building height for the zone area, nor shall it exceed a maximum of five (5) feet above the parapet of the building.

(2) A free-standing sign shall not exceed twenty (20) feet in height from the elevation of the edge of roadway closest to the base of the sign.

(3) Free-standing signs shall be placed a minimum of six (6) feet away from any driveway or side street.

(a) Free standing sign posts shall not exceed 6x6 (or larger if structurally required) wood square or metal round of equivalent size.

(4) The bottom of a free-standing sign located closer than fifteen (15) feet to the road right-of-way shall be no less than eight (8) feet above ground level to maintain the clear site triangle.

(G) DESIGN.

(1) Signs shall reflect and be compatible with the architecture and scale of the building or structure of the business.

(2) Permanent signs which are designed for the use of changeable letters or message boards as part of the overall design are allowed.

(3) Signs which use a shape design to indicate the type of merchandise or service provided in commercial establishment are allowed and will be given considerations regarding size. Examples include the Chase Hardware Store hammer, Dan’s Boots and Saddles black horse, and the Green Valley Meats pig.

(H) LIGHTING.

(1) Signs may be illuminated by ground or structure mounted fixtures that are shielded in such a manner that there is no illumination beyond the sign face.

(2) All signs must meet the Dark Skies provisions, § 9.2.20.

(3) There shall be no light fixture mounted in such a manner as to have the lens exposed to vehicular traffic or pedestrians.

(4) No portion of an illuminated sign shall exceed a luminance of two hundred (200) foot lamberts at night if such sign is located within fifty (50) feet of a residential zone.

(5) No sign nor part of a sign shall move, flash or rotate.

(6) No sign nor part of a sign shall change its illumination more than once an hour.

(7) Time and temperature signs may be permitted by the Village through the Site Plan Approval process.

(8) Such digital reader boards permitted by the Village may not contain any moving graphics, may not vary in intensity and may not change displayed information more than once every twenty (20) seconds.

(I) BANNERS.

(1) All banners must obtain a sign permit from the Village of Los Ranchos.

(2) Permissible banners:

(a) Apartment buildings with rental units are permitted one 20 square foot banner per building advertising for rent.

(b) Multi-unit commercial complexes are permitted one 20 square foot banner per building advertising for rent, to be removed immediately upon rental of unit.

(c) Grand opening (coming soon, etc.) banners, with permit, are permissible thirty (30) days prior to opening, but must then be replaced with permanent signage with permit.

(d) Seasonal banners are permitted for thirty (3o) days duration during the month of the holiday or event. (Christmas, Chili Season, Balloon Fiesta, etc.) with permit.

(e) An application for specialty banners may be made to the Planning and Zoning Commission, which will consider approval in view of lot size, distance from street, height, number and dimensions of banners requested, purpose, neighborhood congestion, and over all aesthetics.

(J) OTHER SIGNS.

(1) Signs, twelve (12) square feet or less in area, advertising agricultural products on the premises where grown, or agricultural services on the premises where provided, and limited to one (1) sign per premise are permitted.

(2) A residential premise may have one temporary sign advertising a garage, yard or estate sale of six (6) square feet, on each of two (2) sides, for a maximum of three (3) days per sale, no more than once per month, with no permit required.

(3) Subdivision signs shall be approved at the time of subdivision approval and shall be part of the Site Development Plan for the subdivision.

(K) POLITICAL CAMPAIGN SIGNS.

The purpose of this Ordinance is to promote the free flow of ideas and candidates related to political campaigns for the education and benefit of the residents of the Village and the candidates. The Village finds a compelling public interest of informed participation in the democratic political process justifies diverse treatment of political campaign signs which may not be available for other signage. Implementing this purpose justifies the allowing of signs in the public rights-of-way of major streets that may not be allowed under other provisions of the Codified Ordinances. The Village further finds that it is not in the best interest of the residents of the Village for any signage to be allowed which interferes with a clear sight triangle at all intersections including intersections with private streets, or blocks any pedestrian or bicycle path, or blocks any directional or traffic safety signs or signals and that it is unsightly, detrimental to the aesthetics of the community and a nuisance for political campaign signs to be left for an extended period of time after the event for which they were posted has occurred.

The following standards and provisions are hereby declared to be applicable to political campaign signs.

(1) All political campaign signs require a sign permit from the Village. Only one (1) permit will be required for each candidate, regardless of the number of signs placed. Permits will be issued at no cost. The application for the permit must include the contact information for the individual or organization responsible for the signs.

(2) Political campaign signs will be allowed on private residentially zoned property under the following conditions:

(a) All signage must observe the clear sight triangle for traffic safety and shall not block any traffic lane, pedestrian or bicycle path or lane, and shall not block or interfere with any directional or traffic safety signs or signals.

(b) All signs meet the standards and requirements for signs other than political campaign signs on residentially zoned property.

(c) The person or committee listed in the application for the sign shall be responsible for removal of the sign after the election. If the sign(s) is (are) not removed within fifteen (15) days after the election is held the Village may remove the sign(s) and the party listed in the application or the candidate will be responsible for the cost associated with removal.

(3) Political campaign signs will be allowed on the public rights-of-way only on Rio Grande Boulevard, El Pueblo Road, Ranchitos Road, Chavez Road, Osuna and Fourth Street. Signs permitted pursuant to this section shall at no time impair line of sight for vehicular traffic or be placed so as to impair travel on any traffic lane or block any pedestrian or bicycle lane and shall not block or interfere with any directional or traffic safety signs or signals. Signs in the public rights-of-way must be removed in accordance with the provisions of paragraph (2) (c) above.

(4) Political campaign signs on commercially zoned property must comply with the size standards and other requirements for nonpolitical campaign signs in the location at which the sign will be placed.

(5) All political campaign signs must comply with all statutes and regulations adopted by the state of New Mexico.

(L) REAL ESTATE SIGNS.

(1) All realtors listing property for sale in the Village must obtain a Parcel Permit in accordance with § 9.3.3, Application for Permit to Sell, Construct and/or Remodel Real Estate in the Village Limits.

(2) A commercial lot or building may have one temporary sign of twelve (12) square feet on each of two sides indicating availability of such lot or building for sale or lease.

(3) A family dwelling, non-commercial lot or building, or a residential lot or building may have one (1) temporary sign of eight (8) square feet indicating availability for sale or lease on the property.

(a) One off-premise real estate sale sign may be placed on property not offered for sale, with the permission of the property owner, or in the public right-of-way, for any sale properties which have frontage only on dead end streets.

(b) Real estate “Open House” signs may be placed by real estate agents or homeowners at the intersections of public rights-of-way one hour before opening and may remain in place until one hour following the closing.

(M) CONSTRUCTION SIGNS.

(1) On premises under construction on commercially zoned property, one (1) single faced sign shall be permitted for the prime licensed building contractor. Parcel Permits are required per § 9.3.3, Application for Permit to Sell, Construct and/or Remodel Real Estate in the Village Limits.

(2) On premises under construction on commercially zoned property, one (1) single faced sign, in addition to prime contractor’s sign, may list sub-contractors, lending institutions, etc.

(a) Each sign’s area not to exceed twelve (12) square feet.

(b) Such sign shall be confined to the site of the construction, and shall be removed within fourteen (14) days after the beginning of the intended use of the project or the issuance of the certificate of occupancy, whichever is earlier.

(3) Construction projects on residentially zoned property may display one (1) single faced sign with a maximum area of eight (8) square feet per legally defined parcel for primary contractor.

(N) EXEMPTIONS.

(1) Notwithstanding any part of this Section, all free-standing permitted signs as they existed on May 19, 2008 are exempt from restrictions contained herein until such signs change.

(a) Legal signs include those otherwise nonconforming signs that have been previously permitted by the Village.

(O) CONFORMANCE.

(1) Except as provided herein, the owner of any lot or premise on which exists a sign that does not conform with the requirements of this Section and for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this Section and obtain a valid sign permit.

(a) For any sign on property annexed, applications for sign permits shall be submitted within six (6) months of the effective date of the annexation or within such period as may be established in an annexation agreement between the Village and the landowners.

(b) Signs that are the subject of applications received after May 19, 2008 shall be subject to all of the terms and conditions of § 9.2.22(D).

(P) GENERAL PROVISION FOR UPKEEP AND MAINTENANCE OF SIGNS.

(1) Any sign which has fallen into disrepair or is in a deteriorated state must be repaired, repainted, re-surfaced or otherwise brought out of its deteriorated and unsightly condition.

(2) The business and property owner will be notified in writing stating that the sign is deteriorated or in disrepair and given thirty (30) days in which to address the problem.

(3) Should the situation not be remedied within the thirty (30) day period, the Village designated official shall proceed with a Code Enforcement Case according to § 9.2.24 Implementation, Enforcement and Penalties.

(Q) VARIANCE. Variances from the terms of this Section may be considered by the Planning and Zoning Commission.

(R) APPROVAL. Sign permits for signs that meet the requirements of the general regulations and do not require variance or other special approvals may be approved by the designated Planning and Zoning Official.

(S) FEES. Fees for applications and permitting of signs shall be as established by resolution of the Board of Trustees of the Village of Los Ranchos de Albuquerque.

(T) ENFORCEMENT.

(1) The provisions of this Section shall be enforced by such persons who are appointed by the Mayor as zoning enforcement officers. Such persons shall be employees of the Village and shall have the power to issue citations for the violation of this Section. Such citations shall be heard by the Village of Los Ranchos municipal court.

(2) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done contrary to or in violation of the provisions of this Section.

(3) Any person, firm or corporation violating any provision of this Section shall be fined not less than fifty dollars ($50), nor more than five hundred dollars ($500) for each offense.

(4) A separate offense shall be deemed committed on each day during on or which a violation occurs or continues after ten (10) days of notice of violation from the Village.

(5) Erection or placement of a sign without a sign permit from the Village will be charged double fee for the permit when applied for or one hundred dollars ($100.00), whichever is less, if applied for within ten (10) days of notification by the Village. If no sign permit has been obtained within ten (10) days, then provisions 1-4 apply.

(6) The Planning and Zoning Director or his/her designee may revoke a sign permit if:

(a) an error was made by staff in issuing the sign permit;

(b) the information provided by the applicant was misleading or untrue; or

(U) AUTHORITY. The Planning Director or designee is hereby given the authority to interpret and implement the zoning code for the Village.

(V) SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase, or part hereof is for reason declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be affected since it is the expressed intent of the Board to pass each section, subsection, paragraph, clause, phrase and every part thereof separately and independently of every other part.

(W) EFFECTIVE DATE, REPEAL, AND PUBLICATION. This Section shall take effect and be in full force May 19, 2008.

§ 9.2.23 NON-CONFORMING USES AND STRUCTURES

(A) PURPOSE AND INTENT. The purpose of this Section is to provide interpretation and relief to land use issues that were created and maintained legally prior to October 27, 2003.

(B) LAND USE. The lawful use of land existing at the time the applicable Zoning Code became effective, and such use did not conform, may be continued provided no physical enlargement or addition to such use is made.

(C) BUILDINGS. The lawful use of buildings existing at the time the applicable Zoning Code became effective, and such building did not conform with respect to the development regulations, may be continued provided any enlargements, additions or alterations to such building will not increase its degree of nonconformity and will conform in every respect with the development regulations of the zone in which the building is located, except as hereinafter provided by zone variance.

(D) GENERAL REGULATIONS.

(1) A discontinuance of a non-conforming use for a continuous period of one hundred eighty (180) days shall be deemed to constitute abandonment of any nonconforming rights existing at the time of the enactment of the Ordinance. Suspension of business operations on a non-conforming use for the purpose of performing required repairs or maintenance shall not constitute abandonment provided such operations resume within three hundred sixty (360) days.

(2) Any change from a non-conforming use of land or buildings to a more restrictive or conforming use shall constitute abandonment of such non-conforming rights.

(3) Repairs, maintenance, and alterations which do not increase the degree of nonconformity of a non-conforming building, structure or improvement, nor increase the size or degree of nonconformity of a use, shall be made.

(4) If any non-conforming building or use be destroyed to the extent of fifty percent (50%) or more of the fair market value, according to the assessment thereof by the County Assessor, for the fiscal year during which the destruction occurs, then and without further action by the Village, the said building and use of the land on which said building was located or maintained shall from and after the date of such destruction shall cease the non-conforming use and the property shall be subject to all the regulations specified by the Zoning Code for the district in which the said building was located.

(5) If a property, that has a non-conforming use which abuts Fourth Street, adds landscaping, signs, lighting, or other types of accessory uses in conformance with Village regulations and this Section, those improvements shall not be deemed an expansion of the use.

(6) If an investigation by the Village reveals that a particular property contains a legal, non-conforming use or structure, a “Notice of Non-conforming Rights,” may be recorded with the County of Bernalillo. This notice is designed to provide constructive notice to any successors in interest that non-conforming rights as to the property or structure existed at the time of the recordation of the notice. Nothing in this notice shall permit the continuation of a non-conforming use or structure that was subsequently expanded, enlarged, abandoned or destroyed which extinguishes the previous non-conforming right.

(7) If a subsequent investigation reveals that a previous non-conforming right as to the property’s use or structure has been vacated or abandoned, a cancellation of the Notice of Non-conforming Rights shall be recorded by the Village with the County of Bernalillo.

(E) NON-CONFORMING USES AND STRUCTURES EXEMPTION.

(1) The following are prohibited:

(a) Changes of non-conforming uses to other non-conforming uses, except where the Planning and Zoning Commission finds the new nonconforming use will have no greater adverse impact on surrounding property or resources;

(b) Extension or enlargement of non-conforming uses or nonconforming structures and the construction of new non-conforming accessory structures, unless the Planning and Zoning Commission finds that such extension, enlargement or new accessory structures will not adversely affect surrounding properties and resources. New non-conforming accessory structures shall be allowed provided there is no alternative which is 1) suitable for the construction of such accessory structure and 2) reasonably available to the applicant such that the accessory structure may be constructed so as to conform to applicable regulations;

(c) Resumption of non-conforming uses if such use is discontinued or abandoned for a period of a maximum of one hundred eighty (180) days;

(d) Changes of conforming uses to other similar, conforming uses which involve the utilization of principal structures which have been in existence for five (5) years or more, and which are or will be non-conforming, except where the Planning and Zoning Commission finds the new conforming use will not adversely impact surrounding uses and resources. The Planning and Zoning Commission shall not approve such proposed changes in use where it finds that the intent of such proposals is to avoid the objectives of the statutes or regulations administered by the Village;

(e) Extension or enlargement of conforming uses which involve the utilization of non-conforming structures and the construction of new nonconforming accessory structures, unless the Planning and Zoning Commission finds that such extension, enlargement or new accessory structures will not adversely affect surrounding property and resources. New non-conforming accessory structures shall only be allowed provided there is no alternative site, which is 1) suitable for the construction of such accessory structure and 2) reasonably available to the applicant such that the accessory structure may be constructed so as to conform to applicable regulations.

(2) Any use that was granted after the adoption of this Code shall not be deemed a non-conforming use, but shall be deemed a conforming use in such a district.

(3) Any legally existing non-conforming dwelling unit may be reconstructed if damaged or destroyed, regardless of cause, if reconstructed within a period of two (2) years from the date of such damage or destruction.

(4) Expansions of legally existing non-conforming dwelling units, including but not limited to additional stories, rooms, porches and garages unless the height, setback, lot coverage and parking regulations are met.

(5) Reconstruction and expansion of legally existing non-conforming dwelling units shall comply with the provisions of the governing zone.

§ 9.2.24 IMPLEMENTATION, ENFORCEMENT, AND PENALTIES

(A) PURPOSE AND INTENT. The purpose of this Section is to provide the Village the mechanisms to enforce the Zoning Code and penalize those violating such provisions.

(B) ENFORCEMENT OFFICER. The Planning Director and designees are the enforcement officers and have the authority and duty to enforce this Article.

(1) If the Planning Director finds that any of the conditions of an approved use are being violated, he shall notify in writing, the owner, tenant, agent, occupant, or person in charge of the premises, indicating the nature of the violation and ordering its correction by a date certain, to be determined by the Enforcement Officer but not to exceed sixty (60) days duration from the date notification is sent.

(2) Upon failure by responsible parties to abate the violation, the Planning Director shall initiate the process to abate the violation from the subject premise.

(3) Any costs incurred by the Village of Los Ranchos may be secured by a lien on the property or through Court action in the sole discretion of the Village.

(4) The Zoning Enforcement Officer is hereby authorized to issue citations for violations of this Article. Such citations shall order the alleged violator to appear on a date certain in Village Municipal Court at the next regularly scheduled Court session or any special setting the Judge may designate. If the alleged violation is abated before the Court appearance, the charge will be dismissed upon payment of court costs and no fine shall be assessed. Failure to abate the violation will result in prosecution in Municipal Court.

(5) The Board of Trustees may hold a public hearing and require the owner to show cause why a Special Use Permit should not be revoked, when the owner has demonstrated the inability or unwillingness to cure violations on the property. Following such public hearing the Board may revoke such Special Use Permit.

(D) INFORMATION AND RECORDS. The Planning Director shall make available to the public the information contained in this Article, as well as maintain the Zone Map. The Planning Director shall make available to the public the appropriate forms necessary for compliance with the requirements of this Article. The Planning Director shall report to the Board annually on the status of compliance with Special Use conditions of approval.

(E) INSPECTIONS.

(1) The Planning Director may conduct inspections from the rights-of-way and may determine if the zoning violation exists on the subject property. Consent of the property owner is not required.

(2) The Planning Director may conduct an inspection within property with voluntary consent of an occupant or custodian of the premises or vehicles to be inspected to determine the existence or nonexistence of violations.

(a) Before inspection occurs, the Planning Director shall send a request by first class mail to the property owner and schedule a time for the inspection.

(b) Inspections shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants, the nature of the possible violation, or other circumstances, there is a reasonable basis for carrying out the inspection at night.

(c) Unless advance notice would be likely to cause the suspected violation to be temporarily eliminated to frustrate enforcement, notice of the purpose and approximate time of an inspection of an area not open to the general public shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than ten (10) days before inspection is made.

(3) The Director may conduct an inspection within property without voluntary consent.

(a) When consent to an inspection is refused or is otherwise unobtainable within thirty (30) days, the Director shall make application for an inspection order or search warrant to a court having jurisdiction over the premises or vehicle to be searched. The application shall set forth or describe:

1. the location of the particular vehicle or premises to be inspected and the name of the owner or occupant;

2. that the owner or occupant of the premises or vehicle refused consent to inspection;

3. that inspection of the premises or vehicle is necessary to determine whether they comply with the requirements of this Article;

4. any other reason requiring the inspection, including knowledge or belief that a particular condition exists in the premises or vehicle which constitutes a violation of this Article; and

5. that the Planning Director is authorized by the Board to make the inspection.

(b) The application shall be granted and the inspection order or search warrant issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The court shall make and keep a record of the proceedings on the application, and enter thereon its findings in accordance with requirements of this Article.

(F) PENALTIES. Any person, firm, or corporation violating any provision of this Article shall, upon conviction, be punished by fines or imprisonment up to the maximum allowed by New Mexico law for each offense and a separate offense shall be deemed committed each day during or on which violation occurs or continues. Any such penalties shall not affect the right of the Village to pursue such other remedies as are authorized by law.

§ 9.2.25 APPLICATION AND APPROVAL PROCESS

(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.

(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,

(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.

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.

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.

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.

(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.

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:

(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.

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.

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.

(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.

§ 9.2.26 FEES

Fees shall be as set by Resolution of the Board of Trustees from time to time.

§ 9.2.27 CONSERVATION DEVELOPMENT STANDARDS PERMIT (CDP)

(A) PURPOSE AND INTENT. The purpose of this section is to encourage residential development that provides an alternative means to preserve village character with particular emphasis on agricultural land and open space, while maintaining Village style, scale, and character in conformance with the Master Plan. It is the intent of this section to allow a modest density bonus in addition to the designation of a Conservation Area that provides for agriculture, recreation preservation of habit, and/or other features important to the Village. Conservation development standards may be applied to any property or properties in the A-1, A-2, A-3, R-2, or R-3 zones that meet the minimum lot size. Where the provisions of these development standards conflict with the provisions of another section of this Zoning Code, the provisions of these development standards shall prevail.

(B) PERMISSIVE USES. A building or premises shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses may be allowed when approval has been obtained as set forth in § 9.2.25(D)(2), § 9.2.25(E)(2):

(1) Any conditional use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to the primary use of the lot that is in conformance with the zone.

(E) AREA REGULATIONS. These regulations apply to all conservation development properties in the Village.

(1) The minimum conservation development size shall be the minimum lot size for the property’s zone.

(2) Structures shall not cross property lines unless an easement for maintenance and ownership is identified on the plat.

(3) Setback requirements shall apply to the conservation development as a whole, but not to dwellings or lots within the site. Setback limits apply to all buildings and structures, including swimming pools.

(a) The minimum setbacks from the property line to the nearest structure shall be the setbacks of the property’s zone.

(4) Permeable surfaces shall be a minimum of sixty percent (60%) of the conservation development exclusive of access easements.

(F) DEVELOPABLE AREA. The Developable Area is the property intended for residential development and does not include the Conservation Area. To determine the number of total dwelling units and lots allowed in a Conservation Development, use the following steps.

(1) Base Density. Establish the base density by applying the density allowed by the property's zone to the original parcel.

(2) Developable Area Density. Divide the Developable Area's square footage by the square footage of the minimum lot size required by the property's zone.

(3) Density Bonus. The density bonus is derived by multiplying the developable area density by 0.5. Round this number down to the nearest whole number for numbers less than 0.5 and up for numbers 0.5 or more.

(4) Total Density. The Total Density is determined by adding the number of dwelling units of the Density Bonus and the Base Density. The Total Density provides the number of total dwelling units and lots for the Conservation Development.

(5) Floor Area Ratio (FAR). The floor area ratio of structures shall be determined by the allowable floor area listed in the adopted 20% All Village FAR TABLE for net lot area, as applied to the Developable Area. The FAR is a running total to be divided among the lots as proposed by the developer. Variation in home and/or lot size is encouraged.

(a) Barns and agricultural related buildings in the Conservation Area are excluded from FAR calculations.

(G) HEIGHT REGULATIONS.

(1) Buildings and structures. As regulated in the A-1 Zone.

(2) Fences and walls. As regulated in the A-1 Zone, with the following modifications: Conservation Area may not be divided by fences or walls, unless fences or walls are related to the implementation of the use of the Conservation Area and are approved by the Village. Fences and walls between the Conservation Area and the Developable Area may be up to six feet (6') solid. Fences and walls between the Conservation Area and abutting properties not within the Conservation Development are limited to four feet (4') solid and an additional two feet (2') open as defined in § 9.2.3.

(H) EXISTING BUILDING.

(1) If an existing structure(s) is to be demolished, upon completion of a new dwelling on the same lot, the demolition must take place within one (1) year.

(I) ACEQUIA IRRIGATION.

(1) Continuation of any existing ditch or acequia irrigation is a requirement of the conservation development standards. Subject to Middle Rio Grande Conservancy District approval as may be necessary, existing ditch or acequia irrigation may be relocated within any Conservation Development provided that the water allocated to the Conservation Area shall not be reduced.

(2) Abandonment of irrigation rights by the landowner(s) is prohibited as a condition of approval.

(J) CONSERVATION AREA.

(1) Amount. Thirty-five percent (35%) of the gross Conservation Development area shall be designated as Conservation Area for the purposes of agriculture, recreation, habitat, and other conservation uses as defined in this section.

(2) Configuration. The Conservation Area may consist of one or more areas within the Conservation Development provided that at least one area is not interior to the conservation development.

(a) For properties abutting Rio Grande Boulevard, the setback areas as defined in § 9.2.7(E)(3) may be used as Conservation Area.

(b) The Conservation Area may be publicly accessible or limited to private access subject to the approval of the Village.

(3) Uses, Allowed. Conservation Area shall be used for the following or some combination thereof:

(a) Agriculture. Agricultural uses shall be those identified in A-1 Permissive Uses § 9.2.7(B)(2), (3), (4), and (9). Outdoor storage of materials must be screened, and landscaping may provide screening. Storage of materials or equipment not specifically related to the Conservation Area uses shall not be allowed in the Conservation Area.

(b) Habitat. Including habitat for migratory wildlife and wildlife from the river area.

(d) Existing or new structures for the purpose of maintaining the Conservation Area or for support of the uses in the Conservation Area. Permissible structures the Conservation Area do not count towards the FAR.

(e) Unenclosed structures for shade or picnic areas. Trees are encouraged in general and as an alternative to shade structures.

(f) Preservation of existing natural landscapes and features, such as cottonwood trees, native vegetation, acequias, and existing grades and slopes is encouraged.

(g) Parks with customary playground equipment are an allowable use in the R- 2 and R-3 Zones only.

(4) Uses, Prohibited.

(a) Golf driving ranges.

(b) Paved sports courts.

(d) Bleachers or similar structures to provide seating for guests or invitees.

(e) Other recreational uses that do not further the goals of agriculture, habitat, or natural features or preserving the natural landscapes.

(K) CONSERVATION AREA MANAGEMENT PLAN. A Conservation Area Management Plan is mandatory and shall include the following:

(1) Current ownership information and a plan to be updated as needed and to be kept on file at the Village Planning and Zoning Department.

(2) Identify the type of ownership of the Conservation Area, including, but not limited to, a homeowners' association, conservation association, individual(s) or entity. In compliance with the regulations of this section and any applicable requirement of NMSA 1978 §§ 47-12-1 to 47-12-6 all of which must agree to comply with regulations of the Village.

(3) Identify the parties responsible for maintenance of the Conservation Area, and their contact information along with a detailed maintenance plan, including a performance bond or letter of credit in the amount of the estimated annual cost of maintaining the Conservation Area. Maintenance costs must be updated annually.

(4) Homeowners' association or other recorded documents shall require that the sale of individual dwelling units must also include any associated interest in dedicated land, shared or common lands, structures, or facilities and shall require the buyer's continued responsibility for its share of those responsibilities.

(5) Plan shall include a detailed explanation of the proposed uses of the Conservation Area, including existing structures and an explanation of how it complies with the Village Master Plan and uses allowed in this section.

(6) Provide proof of water availability.

(L) SEWER SYSTEMS.

(1) All conservation development under this § 9.2.27 shall connect to the public sanitary sewer, regardless of distance from the nearest public sanitary sewer connection point.

(M) OTHER REGULATIONS. The regulations below apply to:

(1) Off-street parking regulations. As set forth in § 9.2.18 Off-Street Parking.

(2) Dark skies regulations. As set forth in § 9.2.20 Dark Skies.

(3) Sign regulations. As set forth in § 9.2.22 Signs.

(N) APPLICATION AND APPROVAL PROCESS. All applications for Conservation Developments must apply for and follow the approval process of major subdivisions and site development plans, as set forth in § 9.1 and § 9.2.25(E)(4) regardless of number of lots created or acreage involved.

(1) In addition to the requirements of § 9.1, the following are required:

(a) The Conservation Area Management Plan shall be reviewed by the Planning Director, reviewed by the Planning and Zoning Commission, and approved by the Board of Trustees as part of the Site Development Plan.

(b) Perpetual covenants (i) for purposes of preserving the Conservation Area for agricultural, recreational, or conservation open space; (ii) requiring future use and development of the Conservation Development to comply with the Site Plan as approved by the Village; (iii) stating that the covenants were required as a condition of approval of the Conservation Development; and (iv) giving the Village the right (but not the obligation) to enforce the covenants must be recorded in the Bernalillo County Clerk's Office.

1. Note that vacation or alteration of the easement or restrictive covenant as identified in § 9.2.27(J) is prohibited unless through approval by the Board of Trustees.

2. Note that further subdivision of lots which create additional lots, not to include lot line adjustments, shall require approval by the Board of Trustees.

3. Note indicating the location of the Conservation Area(s) shall be required on the final plat.

4. Conservation Area must be identified on a plat as a separate lot(s) or easement(s).

(2) The requirements of § 9.2.25(E)(4) shall be met except as otherwise specified in this section:

(a) § 9.2.25(E)(4)(n)(l): Compliance with Section 19 Landscaping shall be voluntary.

(3) Requests for deviations from area regulations, FAR, Conservation Area, or other requested authorization or approval, shall obtain approval from the Board of Trustees, prior to site development plan and subdivision review. The applicant shall submit a preliminary site plan and identify each deviation with written justification for each requested deviation. The Variance fee shall apply.

(4) The Village shall provide calculations and examples of sample developments with the applications.

(5) Approval by the Board of Trustees shall be required for any significant change to the Conservation Area.

(6) The Board of Trustees shall establish reasonable and appropriate financial assurances for the performance of this Ordinance.

(O) IMPLEMENTATION, ENFORCEMENT AND PENALTIES. This section may be enforced in accordance with § 9.2.24. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this section, the Village may institute any appropriate action or proceedings to:

(1) Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2) Restrain, correct, or abate the violation;

(3) Prevent the occupancy of such building, structure, or land; or

(4) Prevent any illegal act, conduct, business or use in or about such premises.

(5) Conditions of Approval. Conservation Development conditions of approval shall include but are not limited to the following:

(a) Construction must commence within one (1) calendar year from date of filing of the subdivision plat.

(b) Abandonment or vacation of designated/dedicated Conservation Area 1s pr

Ordinance and State Law References regarding Chapter 9, Article 2 (f/k/a Chpt 31):

Ordinance #2, May 27, 1959. Repealed 8/6/72 by Ordinance No. 25;

Ordinance #16, January 22, 1964. Repealed 1/5/71 by Ordinance No. 20;

Ordinance #20, January 5, 1972. Repeals Ordinance No. 16

Ordinance #25, August 6, 1972. Repeals Ordinance No. 2; Amended by Ordinances 26, 38 and 48;

Ordinance #26, November 1, 1972. Amends Ordinance No. 25;

Ordinance #38, July 11, 1979. Amends Ordinance No. 25;

Ordinance #45, December 9, 1981. This Ordinance did not have proper advance notice published and is NULL & VOID;

Ordinance #48, July 14, 1982. Amends Ordinance No. 25;

Ordinance #58, December 12, 1984. Repeals Ordinances 25, 26, 28 & 48; Amended by Ordinances 82, 100; Repealed 6/9/94 by Ordinance No. 120;

Ordinance #71, May 11, 1988 changed the definition of height (Section 5) & Section 7(D)(1) (maximum allowed height). Repealed 6/9/94 by Ordinance #120;

Ordinance #82, February 8, 1989 added to the definition of height (Section 5) that a chimney is not part of a structure for height restriction & added the definition of chimney to Section 5.

Amends Ordinance No. 58 (which was Repealed);

Ordinance #83, March 22, 1989 created the AR-2 Zone (Section 8). Amends Ordinance No. 58 (which was Repealed);

Ordinance #92, March 14, 1990. Amends Ordinance No. 83;

Ordinance #120, June 9, 1994. Repeals Ordinances 36, 58, 71, 82, 83 & 92, Repealed 12/14/94 by Ordinance #125;

Ordinance #125, December 14, 1994. Repeals Ordinance No. 120, Amended by Ordinances 127, 128, 129, 130 & 140;

Ordinance #127, March 8, 1995. Amends Ordinance No. 125, Amended by Ordinance No. 130;

Ordinance #128, March 8, 1995. Amends Ordinance No. 125;

Ordinance #129, May 31, 1995. Amends Ordinance No. 125;

Ordinance #130, July 12, 1995. Amends Ordinance No. 125 & 127;

Ordinance #131, August 31, 1995. Annexation of Territory;

Ordinance #134, enacted Feb 14, 1996, codified Ordinance #125, as amended, with modifications;

Ordinance #140, June 27, 1996. Amends Ordinance No. 125;

Ordinance #147, May 14, 1997. Amends Chapter 31 of the Codified Ordinance of 2/14/1996 Section 6(B)(8) – Guest House or additional dwellings;

Ordinance #152, October 28, 1998. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11(A) and Section 12(B);

Ordinance #160, November 8, 2000. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11, C-1 Retail Commercial Zone, Paragraph A, Permissive Uses on Adult Entertainment, Adult Bookstores;

Ordinance #161, November 15, 2000. Amended 12/10/03 by Ordinance No. 186;

Ordinance #163, December 13, 2000. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 15, Paragraph E adding a Section to Regulate Fees for Zoning Applications;

Ordinance #164, January 10, 2001. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11(A) and (B) Permissive and Conditional Uses;

Ordinance #172, December 11, 2002. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Sections 3 & 5, Adding a new Section 12 and amending the Zone Map to Delineate the Village Center District;

Ordinance dated May 28, 2003 (no ORD #) replaces current Zoning Ordinance, Chapter 31 of the Codified Ordinance dated 2/14/1996 and Repealed 10/22/03 by Ordinance No. 183;

Ordinance #181, September 10, 2003. Amends Ordinance No. 162;

Ordinance #183, October 22, 2003. REPLACES Chapter 31 of Codified Ordinance No. 134 (2/14/1996), Amended 2/10/10 by Ordinance No. 226 and Repeals Ordinance dated 5/28/2003 with No Ordinance No.;

Ordinance #186, December 10, 2003. Amends Ordinance No 161, Repealed 2/11/09 by Ordinance No. 222;

Ordinance #191, August 25, 2004. Amends Chapter 31, Zoning and Zone Map of the Codified Ordinance;

Ordinance #192, August 25, 2004. Amending Chapter 31, Zoning and Zone Map, adding definitions;

Ordinance #193, December 8, 2004. Amends Chapter 31, Zoning and Zone Map of the Codified Ordinance, Amended by Ordinance No. 195, Amends ORD #192 of the Guadalupe Character Area;

Ordinance #195, June 8, 2005. Amends Ordinance No. 193;

Ordinance #201, July 12, 2006. Amends Chapter 31, Section 15 (Special Use Zone) of the Comprehensive Zoning Ordinance;

Ordinance #202, July 12, 2006. Amending the Official Zone Map;

Ordinance #203, July 12, 2006. Amends Chapter 31, Section 2(B) Definition of Grade of the Codified Ordinances of the Comprehensive Zoning Ordinance;

Ordinance #208, April 11, 2007. Amends Chapter 31, Section 2, 4 & 11 of the Codified Ordinance, Zoning Ordinance and Zone Map;

Ordinance #209, May 9, 2007. Amending the Text to the Zoning Ordinance and Zone Map;

Ordinance #213, September 12, 2007. Amends the Comprehensive Zoning Code, Chapter 31, Zoning and Zone Map, Section 24, Application and Approval Process, subsection D, Planning Director Issued Permits, adding paragraph 13, Floor Area Variances;

Ordinance #216, May 14, 2008. Amends Ordinance No’s 209, 191, 183 & 201 and Chapter 31 of Codified Ordinance;

Ordinance #217, May 14, 2008. Amends Ordinance No. 191 and Chapter 31 of Codified Ordinance;

Ordinance #218, May 14, 2008. Amends Chapter 31 of the Codified Ordinance, The Zoning Ordinance and Zone Map, Section 24, Application and Approval Process;

Ordinance #221, November 12, 2008. Amends Chapter 31, Section 2 Definitions and Section 24, Application and Approval Process, E(1) Site Development Plan, Amended 5/13/09 by Ordinance No. 223;

Ordinance #222, February 11, 2009. Repeals Ordinance No. 186;

Ordinance #223, May 13, 2009. Amends Ordinance No. 221 and Chapter 31 of the Codified Ordinance;

Ordinance #226, February 10, 2010. Amends Ordinance No. 183 and the text to Chapter 31, Section 12 concerning the Agricultural Commercial Zone.

Ordinance #243, January 8, 2014. Amends Ordinance No.183 and the text to Chapter 31, Section 25 concerning Application and Approval.

Ordinance #246, February 12, 2014. Amends Ordinance No. 186 and the text to Chapter 31 concerning the Planning and Zoning Commission.

Ordinance #248, March 12, 2014. Amends Ordinance No. 186 Section 2 concerning Definitions, Section 3 concerning General Regulations, Section 4 concerning the Establishment and Interpretation of Zones, Section 6 A-1 Agricultural/Residential Zone, A-2 Agricultural/Residential Zone, Section 7 A-3 Agricultural/Residential, R-2 Residential Zone, Section 9 R-3 Agricultural/Residential Zone, Section 10 Retail/Commercial Zone, Section Gateway District Zone, Section 14 Village Center Zone;

Ordinance #249, January 14, 2015. Amends Ordinance No.201 and the text to Chapter 9, Article 2 Section 16 Special Use Zones of the 2013 Codified Ordinances.

Ordinance #258, August 9, 2017. Amends Chapter 9, Article 2, Section 25 Application and Approval Process, (H) Appeals;

Ordinance #260, September 13, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 12, C-1 Commercial Zone;

Ordinance #263, October 11, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 3, Definitions, and Section 4 General Regulations, Clarification of the two hundred and eighty (280) foot setback in Chapter 9, Article 2, Section 7, A-1 Agricultural/ Residential Zone, Section 8, A-2 Agricultural/ Residential Zone, and Section 9, A-3, Agricultural/ Residential Zone;

Ordinance #264, November 8, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 22 Signs, (K) Political Campaign Signs;

Ordinance #265, January 10, 2018. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 14, Village Center Zone (VC Zone);

Ordinance #279, July 14, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 25, Application and Approval Process.

Ordinance #280, September 8, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 15, AC - Agricultural-Commercial Zone;

Ordinance #282, November 10, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 3, Definitions, Section 7, A-1 Agricultural/Residential Zone, Section 12, C-1 Retail Commercial Zone, Section 14, VC - Village Center Zone and Section 15, AC - Agricultural-Commercial Zone;

Ordinance #284, March 9, 2022. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 2, Planning and Zoning Commission, Section 3, Definitions and establishes Section 27, Conservation Development Standards Permit (CDP).

Ordinance #289, August 10, 2022. Amends Chapter 9, Article 2, Zone and Zoning Map, Section 13, GD–Gateway District Zone; Section 14, VC–Village Center Zone; and Section 18, Off Street Parking.

Ordinance #294, April 12, 2023. Amends Chapter 9, Article 2, Zone and Zoning Map, Section 12, C-1 Commercial Zone; Repealing Ordinance #260.

Ordinance #299, August 20, 2024. Amends Chapter 9, Article 2, Zoning and Zone Map, Sections 2, 3, and 27

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