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.
4.8.5
Family
Transfers.
For approval of a property transfer to a family
member in accordance with Section 5.4.3.2.
(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)
