The purpose of this chapter is to designate the procedures for
filing and processing applications. It is formatted to allow users
to quickly and efficiently ascertain the various steps involved in
processing applications, from the initiation and filing of an application,
review for completeness and compliance with SLDC standards, through
public hearings, determination and appeal. The first part of this
chapter describes the standards and procedures common to processing
most application requests. Procedural requirements for specific types
of applications are set out in Table 4-1. Chapter [14] provides specific
review and approval requirements for conditional use permits, variances
and beneficial use and value determinations.
(Ordinance 2016-9 adopted 12/13/16)
No change in use shall be made, no land division, subdivision,
construction, land alteration, land use or development activity and
no building or structure shall be erected, added to, or structurally
altered or occupied unless all applicable development approvals and
the appropriate development order are obtained in accordance with
this chapter. Development orders are required for land division, subdivision,
construction, land alteration, land use or development activity to
ensure compliance with the SLDC, other County ordinances and regulations
and applicable state and federal laws and regulations.
(Ordinance 2016-9 adopted 12/13/16)
There are three basic types or categories of proceedings authorized
in the SLDC, which are Legislative, Quasi-Judicial and Ministerial:
4.3.1
Legislative.
Legislative proceedings involve a change
in land-use policy by the Board that does not concern a single tract,
parcel, or lot under common ownership or land predominantly owned
by a single person or entity under common ownership, including adoption
of any change in the SGMP or adoption of any change to an Area, District
or Community Plan; adoption of or any amendment to the text of the
SLDC, the CIP or the Official Map; and approval of any voluntary development
agreements. A public hearing is required but the procedural requirements
of a quasi-judicial hearing do not apply.
4.3.2
Quasi-Judicial Proceedings.
A quasi-judicial proceeding involves the use of a discretionary standard, as specified in the SLDC, to an application for discretionary development approval that is applicable to specific land in common ownership or to an area of land in which the predominant ownership is in a single ownership. Quasi-judicial discretionary proceedings require a public hearing consistent with the standards of procedural due process as established in Section 4.7.2. In making quasi-judicial decisions, the Board, Planning Commission or Hearing Officer shall investigate facts or ascertain the existence of facts, hold hearings, weigh evidence, make written findings of fact, conclusions of law and recommendations and exercise discretion of a judicial nature. In the land-use context, these quasi-judicial decisions generally involve the application of land-use policies to individual properties in common ownership as opposed to the creation of policy. These decisions require an exercise of discretion in applying the requirements and standards of the SLDC, state and federal law.
4.3.3
Ministerial Development Proceedings.
Ministerial development
proceedings involve nondiscretionary application of the standards
of the SLDC to an application. A public hearing is not required for
action on an application for ministerial development approval.
(Ordinance 2016-9 adopted 12/13/16)
4.4.1
In General.
This Section describes the procedural elements
applicable to the various types of applications. Generally, the procedures
for all applications have the following common elements, although
individual procedures may not apply to every application type. A more
detailed explanation of the procedural elements follows.
4.4.1.1
Pre-application meeting with the County Technical Advisory Committee
(TAC) and pre-application neighborhood meeting;
4.4.1.2
Submittal of a complete application, including required fees, appropriate
affidavits, plats, site development plans, variances requested, and
Studies, Reports and Assessments specified in Chapter 6;
4.4.1.3
Review of the application by the Administrator and a determination
that the application is complete or incomplete;
4.4.1.4
As appropriate, referral of application to State and Tribal review
agencies for review and response;
4.4.1.5
Staff review, take final action or make recommendation to the Hearing
Officer, Planning Commission or the Board;
4.4.1.6
Notice and publication for applications requiring a public hearing;
4.4.1.7
As appropriate, public hearing before the Hearing Officer, Planning
Commission, or Board;
4.4.1.8
Issuance of a development order approving, approving with conditions,
or denying the application, together with written findings describing
and supporting the action adopted;
4.4.1.9
Any appeal of the development order; and
4.4.1.10
Any application for beneficial use or value determination (BUD).
4.4.2
Procedures Required for Each Application Type.
The specific
procedural requirements for each type of application are set forth
in Table 4-1.
4.4.3
Pre-Application TAC Meeting.
Applicants required to
conduct a pre-application meeting with the Technical Advisory Committee
shall do so prior to filing an application. During the meeting, the
applicant will discuss the application in general but in enough detail
so that a reasonable assessment can be made of its compliance with
the SLDC. The meeting should include a discussion of requirements
of the SLDC that are applicable to the application, the procedure
to be followed, notice to be provided, schedule for review and hearing,
the studies, reports and assessments to be undertaken, and other relevant
subjects. Technical requirements may also be discussed. After the
meeting, County staff will provide the applicant with a written summary
of the relevant issues to be covered by the applicant in its submittal
materials.
|
Table 4-1: Procedural Requirements by Application Type
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Application Type
|
Discretionary review?
|
Application Requirements
|
Review/Approval Process
| ||||||
|
Pre-application TAC meeting
|
Pre-application neighborhood meeting
|
Studies, reports, assessments
|
Agency review
|
Approval by Administrator
|
Hearing required?
| ||||
|
Hearing Officer
|
Planning Commission
|
BCC
| |||||||
|
Development permit: residential
|
no
|
no
|
no
|
no
|
as needed
|
yes
|
no
|
no
|
no
|
|
Development permit: nonresidential, mixed use & multifamily
|
no
|
yes
|
as needed
|
see Table 6-1
|
as needed
|
yes
|
no
|
no
|
no
|
|
Land divisions, subdivision exemptions and other plat reviews
|
no
|
no
|
no
|
no
|
as needed
|
yes
|
no
|
no
|
no
|
|
Family transfer
|
no
|
no
|
no
|
no
|
as needed
|
yes
|
no
|
no
|
no
|
|
Temporary use permit
|
no
|
no
|
no
|
no
|
as needed
|
yes
|
no
|
no
|
no
|
|
Minor subdivision - final plat, 5 or fewer lots
|
no
|
yes
|
no
|
see Table 6-1
|
as needed
|
yes
|
no
|
no
|
no
|
|
Minor subdivision - final plat, more than 5 lots
|
yes
|
yes
|
no
|
see Table6-1
|
as needed
|
no
|
no
|
no
|
yes
|
|
Major subdivision - preliminary plat
|
yes
|
yes
|
yes
|
see Table6-1
|
yes
|
no
|
no
|
no
|
yes
|
|
Major subdivision final plat
|
yes
|
yes
|
no
|
no
|
no
|
no
|
no
|
no
|
yes
|
|
Conceptual plan for subdivision - phased or over 24 lots, phased
MU, I, IL, CG, CN
|
yes
|
yes
|
Subdivision - yes Others - no
|
see Table 6-1
|
as needed
|
no
|
no
|
no
|
yes
|
|
Conceptual plan PDD, CCD
|
yes
|
yes
|
yes
|
see Table 6-1
|
yes
|
no
|
yes
|
yes
|
yes
|
|
Vacation of subdivision plat
|
yes
|
no
|
no
|
no
|
as needed
|
no
|
no
|
no
|
yes
|
|
Conditional use permit
|
yes
|
yes
|
as needed
|
see Table 6-1
|
as needed
|
no
|
yes
|
yes
|
no
|
|
DCI Conditional use permit
|
yes
|
yes
|
yes
|
yes
|
yes
|
no
|
yes
|
yes
|
no
|
|
Variance
|
yes
|
yes
|
as needed
|
no
|
as needed
|
no
|
yes
|
yes
|
no
|
|
Time extension
|
yes
|
no
|
no
|
as needed
|
as needed
|
no
|
no
|
no
|
yes
|
|
Planned development district
|
yes
|
yes
|
yes
|
see Table 6-1
|
yes
|
no
|
yes
|
yes
|
yes
|
|
Overlay zones
|
yes
|
yes
|
yes
|
no
|
as needed
|
no
|
yes
|
yes
|
yes
|
|
DCI overlay zones
|
yes
|
yes
|
yes
|
yes
|
yes
|
no
|
yes
|
yes
|
yes
|
|
Zoning map amendment (rezoning)
|
yes
|
yes
|
yes
|
see Table 6-1
|
as needed
|
no
|
yes
|
yes
|
yes
|
|
Text amendment
|
yes
|
yes
|
no
|
no
|
as needed
|
no
|
no
|
yes
|
yes
|
|
Area, district community plan, or plan amendment
|
yes
|
yes
|
yes
|
no
|
as needed
|
no
|
no
|
yes
|
yes
|
|
Beneficial use determination
|
yes
|
yes
|
no
|
no
|
no
|
no
|
yes
|
no
|
yes
|
|
Appeals
|
see section 4.5
|
no
|
no
|
no
|
no
|
no
|
no
|
see section 4.5
|
see section 4.5
|
4.4.4
Pre-Application Neighborhood Meeting.
A pre-application
neighborhood meeting shall be conducted as specified in Table 4-1.
4.4.4.1
Notice of Pre-Application Meeting.
The following entities
and persons shall be invited by a letter sent first class mail 15
days prior to the pre-application meeting:
4.4.4.2
Where Held.
The meeting shall be held at a convenient
meeting space near the land that is the subject of the application.
4.4.4.3
When Conducted.
The pre-application neighborhood meeting
shall take place after the pre-application TAC meeting and prior to
filing of the application.
4.4.4.4
Materials for the Pre-Application Neighborhood Meeting.
The applicant shall prepare an adequate number of the plans described
below of the proposed development in rough format to present during
the meeting. Plans should include: the boundary lines of the development;
the approximate location of any significant features, such as roadways,
utilities, wetlands, floodways, hillsides, trails and open space and
existing buildings or structures; the proposed uses for the property;
the number of dwelling units and approximate square footage for nonresidential
uses; and the proposed layout including open space, location of buildings,
roadways, schools and other community facilities, if applicable.
4.4.4.5
Report on Pre-Application Neighborhood Meeting.
At the
time of application, the applicant shall furnish a written report
to the Administrator on the pre-application neighborhood meeting.
At a minimum, the report shall include:
1.
date
and location of the neighborhood meeting or meetings;
2.
a
list of persons and organizations invited to the meeting;
3.
a
copy of the notice of pre-application meeting issued together with
return receipts from letters mailed;
4.
a
list of persons and organizations who attended the pre-application
meeting;
5.
a
copy of all materials distributed at the neighborhood meeting;
6.
a
summary of all concerns, issues and problems identified at the meeting,
including how the applicant has addressed or intends to address the
concerns and whether the applicant is unable to address them. Specific
attention should be paid to any conditions or mitigating measures
agreed to at the meeting.
4.4.4.6
Applicant shall bring to any public hearing determining that applicant’s
application at least three sets of documents handed out or displayed
during the Neighborhood Meeting which shall be put on display for
members of the public attending such hearings.
4.4.4.7
Any CO, RO or person entitled to notice of the application shall
also have the right to furnish a written report to the Administrator.
4.4.4.8
County staff shall not be expected to attend any pre-application
neighborhood meetings.
4.4.5
Application.
4.4.5.1
Application Form.
A completed application form, on a
form provided by the Administrator, shall be submitted to the Administrator
before an application will be considered.
4.4.5.2
Submittals.
Before an application will be considered
or processed it shall contain all required submittals.
4.4.5.3
Fees.
Before an application will be deemed complete
for consideration, all required application fees shall be paid to
the Administrator.
4.4.5.4
Public Access.
All complete applications submitted to
the Administrator shall be placed on file and made available to the
public; except for information concerning the location of archeological
resources, which shall be removed from the application packet pursuant
to NMSA, 1978 Section 18-6-11.1 of the Cultural Properties Act.
4.4.6
Completeness Review.
4.4.6.1
Scope.
All applications shall be reviewed by the Administrator
for completeness.
4.4.6.2
Completeness Review Determination.
The Administrator
shall issue a written determination on completeness after review of
an application and attachments within fourteen (14) days, which may
be extended an additional ten (10) days if determined to be necessary
by the Administrator due to the complexity of the application.
4.4.6.3
Determination that an Application is Incomplete.
If
the Administrator determines that the materials submitted to the review
agency or department in support of the application are not complete,
any completeness determination may be revised by the Administrator
and the applicant shall be notified in writing of the information
required. The owner/applicant may resubmit the application with the
information required by the Administrator. The owner/applicant shall
not be required to pay any additional fees if the application is resubmitted
or the Administrator’s decision is appealed within six months.
4.4.6.4
Determination Constitutes a Final Development Order.
The final determination of the Administrator on completeness of an
application constitutes a final development order and is appealable
to the Planning Commission.
4.4.6.5
Review by the Planning Commission.
The Planning Commission
shall issue a final development order on any appeal of a completeness
determination of the Administrator at its next available meeting.
The development order on completeness, issued by the Planning Commission
upon any appeal, shall be final and not be appealable to the Board.
4.4.6.6
Further Information Requests.
After the Administrator
or the Planning Commission accepts a development application as complete,
the Administrator, the Hearing Officer, the Planning Commission or
the Board may, in the course of processing the application, request
the owner/applicant to clarify, amplify, correct, or otherwise supplement
the information required for the application, if such is required
to render a final development order on the merits.
4.4.7
Agency Review and Opinions.
Except as otherwise provided in Section 5.7.5 (agency review of major subdivisions), the Administrator shall refer applications, as appropriate, to the following federal, State or County agencies for completeness review, substantive review and opinions:
4.4.7.1
the Office of the New Mexico State Engineer (OSE);
4.4.7.2
the New Mexico Environment Department (NMED);
4.4.7.3
the New Mexico Department of Transportation (NMDOT);
4.4.7.4
the applicable Soil and Water Conservation District;
4.4.7.5
the State Historic Preservation Office (SHPO);
4.4.7.6
a Tribal Government within Santa Fe County;
4.4.7.7
Any County Departments and other public agencies that the Administrator
deems necessary to assist the Administrator and staff to determine
compliance with this and other relevant Ordinances; and
4.4.7.8
The County may hire qualified technical experts to review any application
submitted at the expense of the applicant in accordance with the approved
fee schedule.
4.4.7.9
These agencies shall have thirty (30) days from the date the request
is received to submit their reviews.
4.4.8
Land Use Facilitation.
4.4.8.1
Purpose.
Land use facilitation is intended to provide
a means of communication between an applicant proposing a development,
and persons that would be impacted by the proposed development. Land
use facilitation provides an opportunity for the applicant and residents
to exchange information, ask questions, and discuss concerns about
the proposed development.
4.4.8.2
In General.
Land use facilitation uses a professional
facilitator to assist the applicant and residents to discuss issues
related to the proposed development, identify and achieve goals and
complete tasks in a mutually satisfactory manner. The process uses
a facilitator, who will focus on the process and assist and guide
the participants in principles of dispute resolution and decision-making.
The facilitator is impartial to the issues being discussed, has no
advisory role in the content of the meeting, and has no interest in
the outcome of the meeting.
4.4.8.3
Types of Cases Referred.
In general, any application
which presents controversy, in which residents have questions or concerns,
or that the applicant feels is appropriate for facilitation, may be
referred to facilitation.
4.4.8.4
General Process.
1.
Referral.
An application may be referred to a land use facilitation by
the Administrator or the applicant coincidentally with a determination
of completeness.
2.
Assignment
of a Land Use Facilitator.
The Administrator shall assign
a case referred to facilitation to a land use facilitator contracted
by the County. Any facilitator selected for a given case shall have
no interest in the case and shall not be an employee of Santa Fe County.
3.
Initiation
of Process.
The facilitator shall contact the applicant,
Community Organizations, Registered Organizations, and persons affected
by the proposed development to determine the level of interest in
a facilitated meeting. If there is no interest in a land use facilitation
by persons and/or entities affected by the application or if there
is no person affected by the proposed development, the facilitator
shall generate a “no facilitation held” report and refer
the matter back to the Administrator, but an applicant may not opt
out of a facilitation required by the Administrator.
4.
Facilitation.
If interest exists, the facilitator shall schedule a facilitation.
During the facilitation, the applicant shall present the proposed
project, followed by a presentation (if any) of residents or homeowners’
associations, followed by a discussion among the participants. The
facilitator shall record comments, questions, concerns and areas of
agreement among the parties.
5.
Report
and Completion of Process.
Following the facilitation,
the facilitator shall generate a complete and neutral report on the
facilitation. All areas of agreement shall be highlighted, and areas
of severe disagreement also noted. The report shall be distributed
to the Administrator and all participants in the facilitation. Areas
in which agreement was reached during the facilitation shall be reported
as resolved in the staff report to the decision maker and the application
shall be amended by the applicant to include the conditions of agreement.
6.
Timeline.
The facilitation described in this Subsection shall be completed
no later than thirty (30) days from the date of referral, unless waived
by the applicant.
7.
Costs
of Facilitation.
All the costs of facilitation shall
be paid by the applicant. Following completion of the facilitation,
the Administrator shall present a invoice to the applicant.
4.4.9
Review and Final Action by the Administrator.
Within ten (10) days of the receipt of all necessary agency review opinions, or as soon thereafter as possible, the Administrator shall complete the review. If an application has been referred for agency or department review under Section 4.4.7 and referral comments have not been received by the Administrator within thirty (30) days, then the Administrator shall complete the application review absent the comments. Provided however, that if a referral agency indicates in writing to the Administrator that more time is needed to complete its review, the Administrator may extend time for completing his/her application review by an additional fifteen (15) days. Following completion of the review, the Administrator may take final action, make the appropriate recommendation to the Planning Commission or the Board, or may take other appropriate action. The Administrator may, in the Administrator’s discretion, refer an Application that is committed to the Administrator’s authority for review and final action to the Planning Commission or the Board. Consistent with Chapter 12 herein, all final actions on applications for approval shall contain a finding as to whether the application addresses the adequacy of public facilities and services associated with the proposed development. Failure to meet the adequate public facilities and services requirements in Chapter 12, either because both the proposed development is located in a sustainable development area other than SDA-1 and adequate public facilities are not available, or because a level of service is not met, may result in an application being denied.
4.4.10
Review and Final Action by the Planning Commission or the Board.
Upon receipt of a complete application and appropriate recommendation
of the Administrator or the Hearing Officer, the Planning Commission
or the Board shall review the application for compliance with the
SLDC and other applicable law. Following completion of the review
and following a public hearing on the application, the Planning Commission
or the Board, as applicable may take final action, make the appropriate
recommendation or take other appropriate action.
4.4.11
Conditions.
In acting upon an application, the decision-making
body shall be authorized to impose such conditions upon the application
as allowed by law and as may be necessary to reduce or minimize any
potential adverse impact upon other property in the area or to carry
out the general purpose and intent of the SLDC, so long as the condition
relates to a situation created or aggravated by the proposed use and
is roughly proportional to its impact.
4.4.12
Notice of Decision by the Administrator.
Written notice
of a final decision of the Administrator to approve an application
or approve an application with conditions shall constitute the issuance
of the permit. Written notice of a final decision of the Administrator
to deny an application shall be provided to the Applicant and a copy
shall be filed in the office of the Administrator. If an Application
has not been approved, the specific reasons for disapproval shall
be indicated in the written notice.
4.4.13
Notice of Decision by the Planning Commission of the Board; Findings
of Fact, Conclusions of Law.
Written notice of a final
decision of the Planning Commission or the Board to approve, or approve
with conditions, an application which can be in the form of a development
order, shall constitute the issuance of the permit. Staff or the Hearing
Officer, where one is used, shall prepare findings of fact and conclusions
of law as required by NMSA 1978, section 39-3-1.1 to document final
action taken on each application. Such findings and conclusions shall
be approved by the decision-making body and filed with the County
Clerk.
4.4.14
Reapplication.
After final action by the Administrator,
or abandonment of an application, another application shall not be
filed within two years of the date of final action, or abandonment
unless the new application is materially different from the prior
application (e.g., a new use, a substantial decrease in proposed density
and/or intensity) or unless there has been a material change to either
the facts or law governing the application. After final action denying
an application by the Planning Commission or the Board, another application
shall only be filed if there is a material change to either the facts
or law governing the application.
4.4.15
Withdrawal; Subsequent Applications.
An application
may be withdrawn by the applicant at any time. However, if an applicant
withdraws the application after a public hearing has been noticed
in compliance with the SLDC and state law, an application requesting
substantially the same use on all or part of the same described land
shall not be considered or reconsidered within twelve (12) months
of withdrawal.
(Ordinance 2016-9 adopted 12/13/16)
4.5.1
Applicability.
Any aggrieved person with standing may
appeal a development order to the Planning Commission or Board, as
designated in this chapter.
4.5.2
Appeals of an Administrative Decision of the Administrator.
An aggrieved person with standing may appeal the decision of
the Administrator to approve, deny or approve with conditions an application
to the Planning Commission. An appeal from a decision of the Administrator
shall be filed in writing with the Administrator within five (5) working
days of the date of the decision. If no appeal is filed within five
(5) days, the decision of the Administrator shall be final and not
subject to further appeal, review or reconsideration. The timely filing
of an appeal shall stay further processing of the application unless
the Administrator certifies to the Planning Commission that special
circumstances exist.
4.5.3
Appeals of Subdivision Decisions Under Summary Review.
Any person with standing who is or may be adversely affected by a
decision approving or disapproving a final plat under summary review
must appeal the decision to the Board within five (5) working days
of the decision. The Board shall hear the appeal and shall render
a final decision.
4.5.4
Appeal of a Final Decision of the Planning Commission.
Any party with standing may appeal a final decision of the Planning
Commission to the Board. The application seeking an appeal of a decision
of the Planning Commission must be filed with the Administrator. An
appeal from a decision of the Planning Commission must be filed within
thirty (30) working days of the date of the decision and recordation
of the final development order by the Planning Commission. The application
shall be forwarded by the Administrator to the Board. The Administrator
shall provide to the Board a copy of the record of the proceedings
below of the decision appealed. The appeal shall be placed on the
docket of the Board for consideration on the next available agenda.
An appeal of the decision of the Planning Commission shall be reviewed
de novo by the Board. The timely filing of an appeal shall stay further
processing of the application unless the Board determines that special
circumstances exist.
4.5.5
Appeals of Board Decisions.
Any person aggrieved by
a final decision of the Board pursuant to this section may appeal
to District Court in accordance with NMSA 1978, section 39-3-1.1 (as
amended) and Rule 1-074 NMRA.
(Ordinance 2016-9 adopted 12/13/16)
4.6.1
Generally.
The notice requirements for each application
are prescribed in the Subsections of this chapter and by state law.
4.6.2
Notice of Hearing.
Notice of a public hearing to be
conducted by the Hearing Officer, Planning Commission, or the Board,
shall be provided as described in the resolution adopted by the Board
pursuant to the Open Meetings Act. Public hearings shall be conducted
according to the Board’s rules of order. The name of the applicant
and agent if any shall be stated in the notice.
4.6.3
General Notice of Applications Requiring a Public Hearing.
All applications not requiring specific notice under subsequent
sections shall provide the following notice:
4.6.3.1
Newspaper.
Notice of hearing shall be published by the
applicant in a newspaper of general circulation at least fifteen days
(15) prior to the date of the hearing. The Administrator shall provide
the form of the notice to the applicant.
4.6.3.2
First Class Mail.
Notice of the public hearing shall
be mailed by the applicant by first class mail at least fifteen days
(15) prior to the date of the hearing to the owners, as shown by the
records of the County Assessor, of lots or of land within 500 feet
of the subject property, excluding public rights-of-way. The Administrator
shall provide the form of the notice to the applicant.
4.6.3.3
Posting.
Notice of the public hearing shall be posted
by the applicant on the parcel at least fifteen (15) days prior to
the date of the hearing. The notice to be posted shall be provided
by the Administrator and shall be prominently posted on the property
in such a way as to give reasonable notice to persons interested in
the application. The notice shall be visible from a public road. If
no part of the property or structure is visible from a public road,
the property shall be posted as required in this paragraph and a second
notice shall be posted on a public road nearest the property. Posted
notice shall be removed no later than seven (7) days after a final
decision has been made on the application.
4.6.3.4
Supplemental Notice.
Reasonable effort shall be made
by the applicant to give notice by first class mail or e-mail, to
all persons, COs and ROs who have made a written request to the Board
for advance notice of its hearings. Notice shall also be given to
any public agency that issued an opinion or withheld an opinion on
the basis of insufficient information.
4.6.3.5
Verification.
Written verification of the publication,
a list of persons sent a mailing, and an affidavit of posting which
includes a photograph of the posted notice taken from a public road,
shall be provided to the Administrator prior to the public hearing.
4.6.4
Specific Notice of Zoning, Rezoning, Amendment, Repeal.
4.6.4.1
Newspaper.
Notice of the public hearing concerning an
application to zone a parcel or parcels, or to amend, rezone, supplement
or repeal zoning on a parcel or parcel, shall be provided by the Administrator
and published by the applicant in a newspaper of general circulation
at least fifteen days prior to the date of the hearing.
4.6.4.2
Certified Mail.
Whenever a change in zoning is proposed
for an area of one block or less, notice of the public hearing shall
be mailed by the applicant by certified mail, return receipt requested,
to the owners, as shown by the records of the County Assessor at least
fifteen days prior to the date of the hearing, of lots within the
area proposed to be changed by the zoning regulation and within 100
feet of subject property, excluding public right-of-way.
4.6.4.3
First Class Mail.
Whenever an application proposes to
zone a parcel, or to amend, rezone, supplement or repeal zoning of
a parcel or parcels for an area of more than one block, notice of
the public hearing shall be mailed by the applicant by first class
mail to the owners, as shown by the records of the County Assessor
at least fifteen days prior to the date of the hearing, of lots or
of land within the area proposed to be changed by a zoning regulation
and within 100 feet from subject property or area, excluding public
rights-of-way. If notice by first class mail to the owner is returned
undelivered, the applicant shall attempt to discover the owner’s
most recent address and shall remit the notice by certified mail,
return receipt requested, to that address.
4.6.4.4
Posting.
Whenever an application proposes to zone a
parcel, or to amend, rezone, supplement or repeal zoning on a parcel
or parcels for an area of more than one block, notice of the public
hearing shall be posted on the parcel by the Applicant at least fifteen
days prior to the date of the hearing. The notice to be posted shall
be provided by the Administrator and shall be prominently posted on
the property in such a way as to give reasonable notice to persons
interested in the application. The notice shall be visible from a
public road. If no part of the property or structure is visible from
a public road, the property shall be posted as required in this paragraph
and a second notice shall be posted on a public road nearest the property.
A posted notice shall be removed by the Applicant no later than seven
(7) days after a final decision has been made on the application.
4.6.4.5
Supplemental Notice.
Reasonable effort shall be made
by the Applicant to give notice to all persons, COs and ROs who have
made a written request to the Board for advance notice of its hearings.
Notice shall also be given to any public agency that either issued
an opinion or withheld an opinion on the basis of insufficient information.
4.6.4.6
Verification.
Written verification of the publication,
list of persons sent a mailing, certificates of mailing with return
receipts and affidavit of posting which includes a photograph of the
posted notice shall be provided to the Administrator prior to the
public hearing.
4.6.5
Specific Notice Applicable to Subdivisions.
4.6.5.1
Newspaper.
Notice of the hearing on an application for
approval of a preliminary plat pursuant to NMSA 1978, section 47-6-14(A)
shall be provided by the Administrator and shall be published by the
applicant at least twenty-one (21) days prior to the hearing date.
The notice of hearing shall include the subject of the hearing, the
time and place of the hearing, the manner for interested persons to
present their views, and the place and manner for interested persons
to secure copies of any favorable or adverse opinion and of the developer’s
proposal. The notice shall be published in a newspaper of general
circulation in the county.
4.6.5.2
Posting.
Notice of the hearing on an application for
approval of a preliminary plat pursuant to NMSA 1978, section 47-6-14(A),
shall in addition to newspaper publication, be posted on the property
at least fifteen (15) days prior to the date of the hearing. The notice
to be posted shall be provided by the Administrator and shall be prominently
posted on the property in such a way as to give reasonable notice
to persons interested in the application. The notice shall be visible
from a public road. If no part of the property or structure is visible
from a public road, the notice on property shall be posted as required
in this paragraph and a second notice shall be posted on a public
road nearest the property. Posted Notice shall be removed no later
than seven (7) days after a final decision has been made on the application.
4.6.5.3
Supplemental Notice.
Reasonable effort shall be made
by applicant to give notice to all persons, COs and ROs who have made
a written request to the Board for advance notice of its hearings.
Notice shall also be given to any public agency that issued an opinion
or withheld an opinion on the basis of insufficient information.
4.6.5.4
Verification.
Written verification of the publication,
list of persons sent a mailing, and affidavit of posting which includes
a photograph of the posted notice shall be provided to the Administrator
prior to the public hearing.
4.6.6
Notice of Administrative Action.
Notice of a proposed
land division, subdivision, multifamily or nonresidential use that
is to be approved administratively shall provide the following notice:
4.6.6.1
Posting.
Notice of the pending application shall be
posted on the parcel at least fifteen (15) days prior to the date
of the approval of the application. The notice to be posted shall
be provided by the Administrator and shall be prominently posted on
the property in such a way as to give reasonable notice to persons
interested in the application. The notice shall be visible from a
public road. If no part of the property or structure is visible from
a public road, the property notice shall be posted as required in
this paragraph and a second notice shall be posted on a public road
nearest the property. Posted notice shall be removed no later than
seven (7) days after a final decision has been made on the application.
4.6.7
Notice of Issuance of a Development Permit.
Notice of
issuance of a development permit shall be posted on the property for
at least fifteen (15) days subsequent to the issuance of the permit
except that a development permit for construction of a building shall
remain posted during construction.
4.6.8
Contents of Notice.
Published, posted and mailed notice
shall include a minimum of the following:
4.6.8.1
The name of the applicant and the name of the person(s) who the applicant
is agent for or otherwise representing in the application;
4.6.8.2
The general location of the parcel that is the subject of the application;
4.6.8.3
The road address of the property subject to the application or, if
the road address is unavailable, a legal description by metes and
bounds;
4.6.8.4
The current zoning classification(s) and zoning district in which
the property is located, and the present use of the property;
4.6.8.5
The nature and type of approval requested and a brief description
of the proposed development, including proposed density or building
intensity, zoning classifications and uses requested;
4.6.8.6
The time, date and location where a decision on the application is
expected;
4.6.8.7
A phone number to contact the County; and
4.6.8.8
A statement that interested parties may appear at a public hearing.
4.6.9
Constructive Notice.
Minor defects in public notice
shall not invalidate proceedings so long as a bona fide attempt has
been made to provide notice and that notice was constructively received.
In all cases, however, the requirements for the timing of the notice
and for specifying the date, time and place of a hearing and the location
of the subject property shall be strictly construed. If questions
arise regarding the adequacy of notice, the body conducting the hearing
shall make a finding concerning compliance with the notice requirements
of this Ordinance.
4.6.10
Action to Be Consistent with Notice.
The Administrator,
Hearing Officer, Planning Commission or Board shall only take action,
including approval, conditional approval or denial of the application
that is consistent with and relates to the notice given.
4.6.11
Minor Amendments Not Requiring Re-notification.
The
Administrator, Hearing Officer, Planning Commission or Board may allow
minor amendments to the application without resubmittal and re-notification
of the entire application. For purposes of this Section, “minor
amendments” are amendments that do not:
4.6.11.1
Increase the number of dwelling units, floor area, height, impervious
surface development, or require any additional land-use disturbance;
4.6.11.2
Introduce different land uses than that requested in the application;
4.6.11.3
Request consideration of a larger land area than indicated in the
original application;
4.6.11.4
Request a greater variance than that requested in the application;
4.6.11.5
Request any diminution in buffer or transition area dimensions, reduction
in required yards, setbacks or landscaping, increase of maximum allowed
height, or any change in the design characteristics or materials used
in construction of the structures; or
4.6.11.6
Reduce or eliminate conditions attached to a legislative or quasi-judicial
development order unless a new application is filed.
(Ordinance 2016-9 adopted 12/13/16)
4.7.1
Legislative Hearings.
4.7.1.1
Conduct of Hearing.
Testimony may be presented by the
owner/applicant, any member of the public, and by the County or other
affected governmental entities. Testimony need not be submitted under
oath or affirmation. The Hearing Officer, Planning Commission or Board
may establish a time limit for testimony and may limit testimony where
it is repetitive.
4.7.1.2
Special Rules: Contested Zoning Matters.
If the owners
of twenty percent or more of the area of the land or representing
more than twenty percent (20%) of the lots included in an area proposed
to be changed by a zoning regulation, or within one hundred feet,
excluding public right-of-way, of the area proposed to be changed
by a zoning regulation, protest in writing the proposed change in
the zoning regulation, the proposed change in zoning shall not become
effective unless the change is approved by a two-thirds vote of the
Board. NMSA 1978, section 3-21-6(C).
4.7.1.3
Planning Commission Recommendation.
The Planning Commission
shall make a written recommendation to the Board on any application
requiring final approval of the Board that an application be approved,
approved with conditions, or denied. If an application requiring final
approval of the Board has been duly submitted to the Planning Commission,
and the Planning Commission has failed to convene a quorum or to make
a recommendation approving, approving with conditions or denying such
development approval at two (2) meetings on the application, the application
shall move to the Board without a recommendation unless the Applicant
waives this requirement and agrees in writing to any additional Planning
Commission meetings.
4.7.1.4
Minutes.
Written verbatim minutes shall be prepared
and retained with the evidence submitted at the final hearing. Verbatim
or summary minutes shall be prepared and retained with the evidence
submitted at a preliminary hearing.
4.7.1.5
Board Action.
The Board shall hold a public hearing
to consider a legislative application. The Board shall duly consider
the recommendation of the Planning Commission.
4.7.2
Quasi-Judicial Public Hearings.
4.7.2.1
Conduct of Hearing.
Any person or persons may appear
at a quasi-judicial public hearing and submit evidence, either on
their own behalf or as a representative. Each person who appears at
a public hearing shall take a proper oath and state, for the record,
his/her name, address, and, if appearing on behalf of an association,
the name and mailing address of the association. The hearing shall
be conducted in accordance with the procedures set forth in the Board’s
Rules of Order. At any point, members of the Board, the Planning Commission
or the Hearing Officer conducting the hearing may ask questions of
the owner/applicant, staff, or public, or of any witness, or require
cross-examination by persons with standing in the proceeding to be
conducted through questions submitted to the chair of the Board, Planning
Commission or to the Hearing Officer, who will in turn direct questions
to the witness. The order of proceedings shall be as follows:
1.
The
Administrator, or other County staff member designated by the Administrator,
shall present a description of the proposed development, the relevant
sections of the SGMP, area, district or community plans, the SLDC,
and state and federal law that apply to the application, and describe
the legal or factual issues to be determined. The Administrator or
County consultant or staff member shall have the opportunity to present
a recommendation and respond to questions from the Board, Planning
Commission or Hearing Officer concerning any statements or evidence,
after the owner/applicant has had the opportunity to reply;
2.
The
owner/applicant may offer the testimony of experts, consultants or
lay witnesses and documentary evidence that the owner/applicant deems
appropriate, subject to cross-examination by adverse parties with
standing within reasonable time limits established by the Board, Planning
Commission or Hearing Officer;
3.
Testimony,
including expert, consultant or lay witnesses and relevant documentary
evidence for or against the application, from the public, governmental
agencies or entities and interested parties with standing, shall be
received, subject to reasonable time limits established by the Board,
Planning Commission or Hearing Officer, subject to cross-examination
by the owner/applicant, any adverse interested party with standing,
or by the County;
4.
The
owner/applicant may reply to any testimony or evidence presented,
subject to cross-examination;
5.
The
Board, Planning Commission or Hearing Officer may pose questions to
the owner/applicant, the County, any consultant or lay witness at
any time during the hearing concerning any statements, evidence, or
applicability of policies and regulations from the SGMP, the SLDC,
other County ordinances and regulations, any applicable area, or community
plan, or other governmental law or recommendations; and
6.
The
Board, Planning Commission or Hearing Officer conducting the hearing
shall close the public portion of the hearing and conduct deliberations.
The Board or Planning Commission may elect to deliberate in a closed
meeting pursuant to the Open Meetings Act, NMSA 1978, section 10-15-1
et seq.
4.7.2.2
When Conducted.
For an application for approval of a
preliminary plat, the first public hearing shall take place within
thirty (30) days from the receipt of all requested public agency opinions
where all such opinions are favorable, or within thirty (30) days
from the date that all public agencies complete their review of additional
information submitted by the subdivider pursuant to NMSA 1978, section
47-6-11. If a requested opinion is not received within either thirty-day
period, the public hearing shall be conducted notwithstanding.
4.7.2.3
Minutes.
Written verbatim minutes shall be prepared
and retained with the evidence submitted at the final hearing conducted
on an application.
(Ordinance 2016-9 adopted 12/13/16)
4.8.1
Generally.
Ministerial development approval, often referred
to as ‘administrative approval,’ involves the application
of the standards of the SLDC to an application by the Administrator.
A public hearing is not required. The types of applications eligible
for ministerial development approval are described below.
4.8.2
Development Permits.
A development permit is a written
document that authorizes development in accordance with the SLDC.
A development permit may require inspections and a certificate of
completion, and may authorize multiple forms of development or may
authorize a single development activity. A development permit may
include conditions which shall apply to the development. Commencement
of construction or work shall begin within one (1) year of the date
of the issuance of the development permit. Construction or work set
forth in the development permit shall be completed within two (2)
years of the issuance of the development permit unless an extension
of time has been obtained from the Administrator. A site development
plan is required to be submitted with a development permit application
for any nonresidential use, mixed use or multifamily use requesting
a development permit. For nonresidential permitted uses, an applicant
may request that staff review a site development plan prior to a complete
application for a development permit being submitted. A Site Development
Plan showing the site layout and conditions of approval shall be recorded
at the expense of the applicant in the office of the County Clerk.
A development permit shall be required for any of the following activities:
4.8.2.1
Construction.
For construction or renovation of, or
an addition to any structure;
4.8.2.2
Road/Driveway.
For construction or reconstruction of
a road or driveway pursuant to Chapter 7 (a separate permit is required
to access a County road);
4.8.2.3
Grading.
For grading of a site prior to issuance of
another development permit pursuant to Chapter 7;
4.8.2.4
Floodplain Development.
For development within a designated
Special Flood Hazard Area (SFHA) pursuant to Chapter 7;
4.8.2.5
Utilities.
For installation of utilities prior to issuance
of other development permits pursuant to the SLDC pursuant to Chapter
7; and
4.8.2.6
Swimming pool.
To authorize installation of a swimming
pool pursuant to Chapter 7.
4.8.2.7
Fences and walls.
1.
Residential
walls and fences higher than six feet;
2.
All
walls and opaque fences for nonresidential or multifamily use;
3.
All
retaining walls higher than four feet;
4.
Walls
or opaque fences built atop a retaining wall where the total height
of the wall and/or fence and retaining wall is greater than six feet;
5.
Walls
or opaque fences that cross a stream, existing trail, arroyo, acequia
or drainage channel; and
6.
Any
walls or fences built within a safe sight triangle.
4.8.3
Minor Subdivisions.
For creation of a minor subdivision
pursuant to Chapter 5.
4.8.4
Exemptions, Divisions and Other Plat Reviews.
4.8.4.4
Subdivision Amendment Plat.
To authorize an amendment to an approved final subdivision plat pursuant to Section 5.11.3.
4.8.4.5
Lot Consolidation Plats.
A development permit will be
issued to authorize a lot consolidation that has been approved pursuant
to the SLDC, together with any conditions.
(Ordinance 2016-9 adopted 12/13/16)
4.9.1
Plans and Plan Amendments.
For adoption or amendment
of certain plans (see Chapter 2) in accordance with the procedures
established in Chapter 1.
4.9.2
SLDC Text Amendments.
For an amendment to the text of
the SLDC pursuant to Chapter 1.
4.9.3
Map Amendments and Rezoning.
For an amendment to the
zoning map (rezoning) pursuant to Chapters 1, 4 and 8.
4.9.4
Developments of Countywide Impact.
A separate development permit will be issued to authorize each development of county-wide impact (DCI) following the creation of any necessary floating zone (as applicable) pursuant to Chapter 11.
4.9.5
Subdivisions.
For approval of major subdivision plans
in accordance with Chapter 5.
4.9.6
Conditional Use Permits (CUP).
For approval of certain
conditional uses as set forth in the Use Matrix and elsewhere in the
SLDC, pursuant to this Section.
4.9.6.1
Purpose and Findings.
This Section provides for certain
uses that, because of unique characteristics or potential impacts
on adjacent land uses, are not permitted in zoning districts as a
matter of right but which may, under appropriate standards and factors
set forth herein, be approved. These uses shall be permitted through
the issuance of a conditional use permit (CUP).
4.9.6.2
Applicability.
The provisions of this Section apply
to any application for approval of a CUP as required by the Use Matrix.
Conditional uses are those uses that are generally compatible with
the land uses permitted by right in a zoning district but that require
individual review of their location, design and configuration, and
the imposition of conditions or mitigations in order to ensure the
appropriateness of the use at a particular location within a given
zoning district. Only those uses that are enumerated as conditional
uses in a zoning district, as set forth in the use matrix, may be
authorized by the Planning Commission. No inherent right exists to
receive a CUP. Concurrent with approval of a CUP, additional standards,
conditions and mitigating requirements may be attached to the development
order. Additionally, every CUP application shall be required to comply
with all applicable requirements contained in the SLDC.
4.9.6.3
Application.
An applicant may apply for a CUP by filing
an application for discretionary development approval with the Administrator.
A site development plan is required to be submitted with any CUP application
and shall include any SRAs required pursuant to Table 6-1 in Chapter
6.
4.9.6.4
Review.
The application shall be referred to the Hearing
Officer and Planning Commission for the holding of a quasi-judicial
public hearing.
4.9.6.5
Approval Criteria.
CUPs may only be approved if it is
determined that the use for which the permit is requested will not:
1.
Be
detrimental to the health, safety and general welfare of the area;
2.
Tend
to create congestion in roads;
3.
Create
a potential hazard for fire, panic, or other danger;
4.
Tend
to overcrowd land and cause undue concentration of population;
5.
Interfere
with adequate provisions for schools, parks, water, sewerage, transportation
or other public requirements, conveniences or improvements;
6.
Interfere
with adequate light and air; and
7.
Be
inconsistent with the purposes of the property's zoning classification
or in any other way inconsistent with the spirit and intent of the
SLDC or SGMP.
4.9.6.6
Conditions.
In approving any CUP, the Planning Commission
may:
1.
Impose
such reasonable standards, conditions, or mitigation requirements,
in addition to any general standard specified in the SLDC or the SGMP,
as the Planning Commission may deem necessary. Such addition standards,
conditions, or mitigation requirements may include, but are not be
limited to:
a.
financing and availability of adequate public facilities or services;
b.
reservations and dedications;
c.
payment of development fees;
d.
establishment of assessment and public improvement districts;
e.
adoption of restrictive covenants or easements;
f.
special buffers or setbacks, yard requirements, increased screening
or landscaping requirements;
g.
development phasing;
h.
standards pertaining to traffic, circulation, noise, lighting, hours
of operation, protection of environmentally sensitive areas, or preservation
of archaeological, cultural and historic resources; and
i.
provision of sustainable design and improvement features, solar,
wind or other renewable energy source, rainwater capture, storage
and treatment or other sustainability requirements.
2.
Require
that a payment and performance guaranty be delivered by the owner/applicant
to the Administrator to ensure compliance with all conditions and
mitigation measures as are set forth in the development order; and
3.
Encourage
that a voluntary development agreement be entered into between the
owner/applicant and the County to carry out all requirements, conditions
and mitigation measures.
4.9.6.7
Scope of Approval.
The CUP approval applies only to the project as presented and approved at the hearing. If the project changes in any way it will be subject to the major/minor amendments provisions of Section 4.9.6.9.
4.9.6.8
Recording Procedures.
The CUP showing the site layout
and conditions of approval shall be recorded at the expense of the
applicant in the office of the County Clerk.
4.9.6.9
Amendments.
An amendment is a request for any enlargement,
expansion, greater density or intensity, relocation, decrease in a
project’s size or density, or modification of any condition
of a previously approved and currently valid CUP.
1.
Minor
Amendments.
Shifts in on-site location and changes in
size, shape, intensity, or configuration of less than five percent
(5%), or a five percent (5%) or less increase in either impervious
surface or floor area over what was originally approved, may be authorized
by the Administrator, provided that such changes comply with the following
criteria:
2.
Minor
Amendments Causing Detrimental Impact.
If the Administrator
determines that there may be any detrimental impact on adjacent property
caused by the minor amendment’s change in the appearance or
use of the property or other contributing factor, the owner/applicant
shall be required to file a major amendment.
3.
Major
Amendments.
Any proposed amendment, other than minor
amendments provided for in Section 4.9.6.9.1, shall be approved in
the same manner and under the same procedures as are applicable to
the issuance of the original CUP development approval.
4.9.6.10
Expiration of CUP.
Substantial construction or operation
of the building, structure or use authorized by the CUP must commence
within twenty-four (24) months of the development order granting the
CUP or the CUP shall expire; provided, however, that the deadline
may be extended by the Planning Commission for up to twelve (12) additional
months. No further extension shall be granted under any circumstances,
and any changes in the requirements of the SLDC, or federal or state
law shall apply to any new CUP development approval application.
4.9.7
Variances.
4.9.7.1
Purpose.
The purpose of this Section is to provide a
mechanism in the form of a variance that grants a landowner relief
from certain standards in this code where, due to extraordinary and
exceptional situations or conditions of the property, the strict application
of the code would result in peculiar and exceptional practical difficulties
or exceptional and undue hardship on the owner. The granting of an
area variance shall allow a deviation from the dimensional requirements
and standards of the Code, but in no way shall it authorize a use
of land that is otherwise prohibited in the relevant zoning district.
4.9.7.2
Process.
All applications for variances will be processed in accordance with this chapter of the Code. A letter addressing Section 4.9.7.4. review criteria must accompany the application explaining the need for a variance.
4.9.7.3
Applicability.
When consistent with the review criteria
listed below, the planning commission may grant a zoning variance
from any provision of the SLDC except that the planning commission
shall not grant a variance that authorizes a use of land that is otherwise
prohibited in the relevant zoning district.
4.9.7.4
Review criteria.
A variance may be granted only by a
majority of all the members of the Planning Commission (or the Board,
on appeal from the Planning Commission) based upon the following criteria:
1.
where
the request is not contrary to the public interest;
2.
where
due to extraordinary and exceptional situations or conditions of the
property, the strict application of the code would result in peculiar
and exceptional practical difficulties or exceptional and undue hardship
on the owner; and
3.
so
that the spirit of the SLDC is observed and substantial justice is
done.
4.9.7.5
Conditions of approval.
1.
The
Planning Commission may impose conditions on a variance request necessary
to accomplish the purposes and intent of the SLDC and the SGMP and
to prevent or minimize adverse impacts on the general health, safety
and welfare of property owners and area residents.
2.
All
approved variances run with the land, unless conditions of approval
imposed by the Planning Commission specify otherwise.
3.
All
approved variances automatically expire within one year of the date
of approval, unless the applicant files a plat implementing the variance
or substantial construction of the building or structure authorized
by the variance occurs within that time.
4.9.7.6
Administrative minor deviations.
The Administrator is
authorized to administratively approve minor deviations upon a finding
that the deviation is required, that the result is consistent with
the intent and purpose of this SLDC, and that the deviation is not
detrimental to adjacent or surrounding properties as follows:
1.
minor
deviations from the dimensional requirements of Chapters 7, 8 and
9 of the SLDC not to exceed ten percent (10%) of the required dimension;
and
2.
minor
deviations from the density dimensional standards of Chapter 8 of
the SLDC not to exceed five tenths of a percent (0.5%) of the gross
acreage allowed in the zoning district.
4.9.8
Beneficial Use and Value Determination (BUD).
4.9.8.1
Purpose.
The intent of the SLDC is to provide, through
this Section, a process to resolve any claims that the application
of the SLDC constitutes an unconstitutional regulatory taking of property.
This Section is not intended to provide relief related to regulations
or actions promulgated or undertaken by agencies other than the County.
The provisions of this Section are not intended to, and do not, create
a judicial cause of action.
4.9.8.2
Application.
In order to evaluate whether, and if so, the extent to which, application of the SLDC unconstitutionally creates a regulatory taking without just compensation, or other constitutional deprivation, an applicant, once denied development approval or granted conditional development approval, or as otherwise provided in Section 7.16.3.1, may apply to the Administrator for a beneficial use and value determination, the application for which shall describe:
1.
The
extent of diminution of use and value with respect to the entirety
of the owner’s, or lessee’s real property interests in
common ownership;
2.
The
distinct and reasonable investment backed expectations of the owner,
lessee, or predecessors in interest, in common ownership;
3.
The
availability of cluster development, phased development, tax incentives,
or transfers of development rights;
4.
Any
variance or relief necessary or available to relieve any unconstitutional
hardship or regulatory taking created;
5.
Any
perceived claim that the SLDC, on its face or as applied, results
in a failure to advance legitimate state interests, or otherwise deny
procedural or substantive due process, or equal protection of the
laws.
4.9.8.3
Timing.
Except for an application filed pursuant to Section 7.16.3.1, an application for a BUD shall be within twelve (12) months subsequent to a final development order denying or conditionally approving an application for development approval. The application shall be filed with the Administrator together with the application and administrative fees payment as established by the Board.
4.9.8.4
Actions by the Administrator on a BUD application.
The Administrator shall determine if the BUD Application is complete and includes all required materials and information. In determining completeness the Administrator shall follow the process set forth in Section 4.4.6.
1.
If
the Administrator determines the application is not complete, a written
notice shall be mailed to the owner/applicant specifying the application’s
deficiencies. No further action shall be taken on the application
until the deficiencies are remedied. If the owner/applicant fails
to correct the deficiencies within thirty (30) calendar days the application
shall be considered withdrawn.
2.
When the application is determined to be complete, the Administrator shall notify the owner/applicant in writing and, within thirty (30) calendar days, forward the application to the Hearing Officer and set a quasi-judicial public hearing date on the application. The Administrator shall provide notice of the Hearing Officer’s public hearing pursuant to the notice requirements in Section 4.6.
4.9.8.5
Actions by the Hearing Officer.
1.
Establishment
of date for hearing and notice.
The Hearing Officer shall
schedule and hold a hearing on a BUD application within sixty (60)
calendar days of receipt of the complete application from the Administrator.
2.
Hearing.
The public hearing shall be conducted as a quasi-judicial hearing as set forth in Section 4.7.2. At the hearing, the owner or lessee or the owner’s or lessee’s representative shall present the owner’s or lessee’s case and the County Attorney or County Attorney’s representative shall present the County’s case. The Hearing Officer may accept briefs, evidence, reports, or proposed recommendations from the parties.
3.
Intervention.
Any following parties shall be entitled to intervene in the
proceedings provided:
4.
Findings.
Within sixty (60) calendar days of the close of the hearing,
the Hearing Officer shall prepare and transmit in writing to the Administrator,
and parties, a recommended decision which shall include a summary
of all the evidence, testimonial or documentary, submitted, rulings
on objections to evidence, and a written recommendation to the Board
regarding the relief to be granted.
5.
Recommendations.
a.
If the Hearing Officer’s recommendation is that relief is not
appropriate, the recommendation shall specify the factual and legal
basis for the recommendation, including whether the development requested
for the site, taking into account all of the findings, constitutes
an as applied public nuisance or creates adverse public nuisance effects
or impacts, for which no relief can be recommended.
b.
If the Hearing Officer’s recommendation is that some form of
relief is appropriate, the recommendation shall recommend a form of
relief and indicate the basis for the recommendation, including, as
applicable:
c.
The Hearing Officer’s recommendation is not binding on the
Board[.]
4.9.8.6
Actions by the Board.
1.
The Board shall, within thirty (30) sixty (60) calendar days of receipt of the Hearing Officer’s recommendation, set the matter for a public hearing. The Administrator shall provide notice of the public hearing similar to the notice required by Section 4.6 of this Code.
2.
The
owner/applicant and any other interested party shall be provided an
opportunity to be heard during the public hearing and prior to the
decision of the Board.
3.
After
the public hearing, the Board shall issue a development order, approving,
modifying, or denying, the recommendations of the Hearing Officer,
based on the standards of this Section. The development order shall:
a.
State a date, if any, upon which a development order granting relief
will cease to be in effect;
b.
State that neither the Board’s development order nor any process
or evidence constitutes an admission of taking of property, or other
unconstitutional deprivation;
c.
Direct County staff to undertake any additional steps necessary to
implement the development order; and
d.
Address other matters as necessary to implement the purpose and intent
of this Section.
4.
Granting
Relief.
In order to avoid an unconstitutional result
and to provide an owner with an economically viable use and value
of property pursuant to this Section, the Hearing Officer may recommend
and the Board may allow for the minimum additional use(s), density,
or relief necessary to alleviate any unconstitutional taking or deprivation.
Such relief, to the extent practicable, be consistent with the SGMP,
SLDC, or applicable area, district or community plan.
4.9.9
Conceptual Plan.
For approval of certain large scale
and phased development as set forth below.
4.9.9.1
Purpose.
A Conceptual plan is comprehensive in establishing
the scope of a project, yet is less detailed than a site development
plan. It provides a means to review projects and obtain conceptual
approval for proposed development without the necessity of expending
large sums of money for the submittals required for a preliminary
and final plat approval. A conceptual plan submittal will consist
of both plans and written reports.
4.9.9.2
Applicability.
A conceptual plan is required for the
following developments:
4.9.9.3
Application.
An applicant may apply for a conceptual
plan by filing an application with the Administrator. A conceptual
plan shall include any SRAs required pursuant to Table 6-1 in Chapter
6. The minimum area which must be included in a conceptual plan application
is the entire property owned by the applicant or the portion of the
property within a the zoning district under which the application
is being made.
4.9.9.4
Review.
The application shall be referred to the Planning
Commission and/or Board for the holding of a quasi-judicial public
hearing in accordance with the procedures in Table 4-1.
4.9.9.5
Phasing.
The conceptual plan shall establish the phasing
of a development.
4.9.9.6
Approval Criteria.
The criteria for approval of a Conceptual
Plan are as follows:
1.
Conformance
to the Sustainable Growth Management Plan;
2.
Viability
of the proposed phases of the project to function as completed developments
in the case that subsequent phases of the project are not approved
or completed; and
3.
Conformance
to applicable law and County ordinances in effect at the time of consideration,
including required improvements and community facilities and design
and/or construction standards.
4.9.9.7
Conditions.
Conditions may be imposed in addition to
any general standard specified in the SLDC or the SGMP, as may be
deemed necessary.
4.9.9.8
Amendments.
An amendment is a request for any enlargement,
expansion, greater density or intensity, relocation, decrease in a
project’s size or density, or modification of any condition
of a previously approved and currently valid conceptual plan.
1.
Minor
Amendments.
Shifts in on-site location and changes in
size, shape, intensity, or configuration of less than five percent
(5%), or a five percent (5%) or less increase in either impervious
surface or floor area, over what was originally approved or a decrease
in intensity or decrease in lots, may be approved by the Administrator,
provided that such changes comply with the following criteria:
a.
No previous minor amendment has been previously granted pursuant
to this Section;
b.
Nothing in the currently valid conceptual plan precludes or otherwise
limits such decrease, expansion or enlargement;
c.
The proposal conforms to the SLDC and is consistent with the goals,
policies and strategies of the SGMP; and
d.
In the case of a decrease in intensity or decrease in lots, the overall
layout, design and services proposed must be in conformance with the
originally approved conceptual plan.
2.
Major
Amendments.
Any proposed amendment, other than minor
amendments, shall be approved in the same manner and under the same
procedures as are applicable to the issuance of the original conceptual
plan approval.
4.9.9.9
Recording Procedures.
The conceptual plan showing the
site layout and conditions of approval shall be recorded at the expense
of the applicant in the office of the County Clerk.
4.9.9.10
Expiration of a conceptual plan.
The development order
granting a conceptual plan shall expire after five (5) years, but
may be extended by the Board for up to two (2) additional years at
a time. If a phasing schedule is approved, the conceptual plan expiration
shall be in accordance with that phasing schedule.
(Ordinance 2016-9 adopted 12/13/16)
