No new building or land use shall be used or occupied, nor may a use of a building or land be converted or changed, in whole or in part, until a certificate of zoning compliance is issued therefor by the Zoning Administrator/Code Enforcement Officer. A certificate of zoning compliance shall be issued only if the proposed use of a building or property is permitted by right within the zone wherein the use is proposed to occur.
A. 
Fee. A nonrefundable application fee of $10 must accompany each application.
B. 
Submission requirements. The application for a certificate of zoning compliance shall be on the form supplied by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer as well as the information required elsewhere in this chapter.
C. 
Expiration by limitation. A certificate under which no use is commenced or work preparatory to use is commenced within one year after issuance shall expire by limitation.
D. 
Revocation. The Commission may revoke a certificate issued under this chapter if it is determined that a false statement or misrepresentation of material fact was provided by the applicant as a part of the application or testimony on which the certificate of approval was based.
E. 
Transfer. Certificates of zoning compliance shall not be transferable from location to location but shall be transferable from one applicant to another applicant for the same use of a building or property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A permit may be authorized by the Commission for uses stipulated as conditional within specific zones as presented in Article VIII of this chapter.
A. 
Requirements.
(1) 
The subject use must be compatible with the existing uses in that zone.
(2) 
Conditional use permits shall not be granted if projected traffic flows impact the transportation system beyond its safe capacity.
(3) 
Conditional use permits shall not be granted if existing infrastructure capacities are inadequate to accommodate the new development, unless infrastructure expansion is provided as part of the proposed development.
(4) 
Conditional use permits shall not be granted if the proposed development significantly affects environmentally sensitive issues such as areas of historical significance, groundwater and surface water, and air quality.
(5) 
Conditional use permits shall not be granted in such cases where it would adversely affect adjoining property values or endanger public safety.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a conditional use permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determine property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed permit before the Commission prior to any decision being made by the Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Review. A conditional use permit shall be subject to review by staff on each annual anniversary following its approval. If it is determined from the review that the current use is significantly different or larger in scale than that originally approved, the conditional use permit may be revoked by the Commission.
F. 
Transfer. Conditional use permits shall not be transferable from location to location, building owner to building owner, or applicant to other party.
A home occupation permit is required for the conduct of trade, services, or manufacturing within a dwelling unit in a residential zone. Allowable uses and restrictions for home occupation permits are stated below. Home occupation permits may by authorized by the Commission.
A. 
Requirements. Home occupation permits shall not be granted in such cases where they would adversely affect adjoining properties, impair established property values, unreasonably increase vehicle traffic flow, or endanger public safety.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a home occupation permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determine property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed permit before the Commission prior to any decision being made by the Commission.
E. 
Annual review. A home occupation permit shall be subject to review by the Commission on each annual anniversary following its approval. If it is determined from review that the current use is significantly different or larger in scale than that originally approved, the home occupation permit may be revoked by the Commission. A home occupation shall be required to obtain a business registration from the City of Socorro.
F. 
Transfer. Home occupation permits shall not be transferable from location to location, building owner to building owner, or applicant to other party.
G. 
Home occupations may be permitted, provided that the following conditions are met:
(1) 
No commodity shall be sold upon the premises, except that which is prepared upon the premises.
(2) 
No person shall be employed other than a member of the immediate family residing on the premises.
(3) 
The use of the dwelling unit for the home occupation shall clearly be incidental and subordinate to its use for residential purposes, and not more than 15% of the floor area, not to exceed 500 square feet, shall be used in the conduct of the home business.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Ch. 128, Business Registration.
A variance may be authorized by the Commission for purposes which conform to the provisions of this chapter. The variance shall provide relief from the strict application of the dimensional, distance, parking or setback requirements of this chapter.
A. 
Requirements.
(1) 
The subject property must be irregular, narrow, shallow, or steep or otherwise have physical conditions where application of the requirements of this chapter would result in practical difficulty or unnecessary hardship to the owner in the use of his/her land or building.
(2) 
Variances shall not be granted in such cases where it would adversely affect adjoining properties, impair established property values, or endanger public safety.
(3) 
Variances shall not be granted to change the use of a structure or property which is not otherwise permitted by right or by conditional or special use within the zone where said structure or property is located.
B. 
Fee. An application fee of $50 must accompany each application.
C. 
Submission requirements. The application for a variance shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer and shall contain plans and other information as required by the Zoning Administrator/Code Enforcement Officer. After reviewing the application for completeness, the Zoning Administrator/Code Enforcement Officer shall place the completed application upon the agenda of the Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Notification. The Zoning Administrator/Code Enforcement Officer shall notify by certified mail all property owners within 100 feet, excluding public rights-of-way, of the request. The current records of the County Assessor's Office shall be used to determined property ownership. The adjoining property owners shall have the opportunity to comment upon the proposed variance before the Commission prior to any decision being made by the Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Revocation. A variance shall be automatically revoked in the event a building permit for the approved variance has not been obtained within 90 days, or construction has not been completed within one year after the building permit has been issued. The Commission may grant an extension of 90 days if deemed appropriate.
F. 
Reapplication for variance. In the event of a denial decision by the Commission, there shall be no reapplication for the same variance for a period of one year after the date of the decision.
A special use permit may be authorized by the City Council after hearing the recommendation of the Commission. A special use permit is required for a specific land use which is not permitted by right within the zone wherein it is requested.
A. 
Requirements.
(1) 
The subject use must be unusual and unique and may be incompatible with planned property uses within the general area and zone in which the special use is proposed.
(2) 
The applicant must assure that use regulations and specifications that are determined to be applicable by the City Council to the special use shall be observed.
(3) 
Special use permits shall not be granted in such cases where they would adversely affect adjoining property values or endanger public safety.
(4) 
Special use permits shall not be granted in such cases where the use is or will become detrimental to the character of the zone wherein it is located.
B. 
Fee. An application fee of $100 must accompany each application. All but $25 of the fee shall be refunded if the application is withdrawn 24 hours before a regularly scheduled hearing of the Commission. If a special hearing is requested by the applicant, which is not on the date of a regularly scheduled Commission meeting, no part of the application fee shall be refunded if the application is withdrawn prior to the special hearing.
C. 
Submission requirements.
(1) 
The application for a special use permit shall be in the format stipulated by the Zoning Administrator/Code Enforcement Officer. There shall be a comprehensive statement included with each application indicating in detail the reason for the request, the purpose and the use of the property, all improvements to be made, and a site plan including the following:[1]
(a) 
Location of existing and proposed structures, including the dimensions of setbacks.
(b) 
Existing and proposed vehicular circulation systems, including parking areas, storage areas, service areas, loading areas, and major points of access, including street pavement width and right-of-way.
(c) 
Location and treatment of open spaces, including landscaping plan and schedule.
(d) 
Lighting.
(e) 
Signage.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A drainage plan, site plan, landscaping plan, and grading plan shall be required for all special use developments.
D. 
Public hearing and notice procedure. A public hearing shall be held by the Commission for all special use permits. All property owners within 100 feet, excluding public rights-of-way, of the request shall be notified in accord with the provisions of Article VII of this chapter. The current records of the County Assessor's Office shall be used to determine property ownership.
E. 
Review and approval. The City Council may deny special use permits, or may grant final approval in accord with certain conditions, with rights of appeal in accordance with Article VII of this chapter. Approval may also be granted with additional conditions imposed which are deemed necessary to ensure that the purpose and intent of this chapter are met and to protect and provide safeguards for persons and property in the vicinity.
F. 
Time limitation and revocation. The City Council may impose a time limitation on a special use permit. If a special use is not initiated within one year following approval or if a special use is discontinued for a period of one year, said permit shall be automatically revoked. All improvements shall be in accord with the development standards of the zone except as otherwise authorized by the special use permit. Significant improvements shall result in the revocation of the special use permit.
G. 
Resubmittal of application. An application for a special use permit shall not be resubmitted or reconsidered for a period of six months after it has been acted upon by the City Council.
H. 
Zoning and special use. Special uses shall not be considered a zoning district change.