10.1.1 
This chapter establishes additional or alternative standards for particular uses. The purpose of this chapter is to establish standards for specific uses which require special design considerations in order to: protect surrounding property values and uses; protect the public health, safety, and general welfare; and implement the SGMP. These standards seek compatibility with the principal uses permitted in a zoning district. It is the intent of the County that supplemental uses comply with the standards that have been created to address the particular impacts and characteristics.
10.1.2 
This chapter provides supplemental standards for certain uses, structures, and facilities. These standards are in addition to the other applicable standards of the SGMP. In some cases, the establishment of these standards streamlines the permitting process by permitting the use as of right in certain districts subject to the supplemental regulations. In other instances, the unique development challenges of certain uses and structures require case-by-case consideration under the conditional use permit process.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
10.2.1 
Applicability.
These regulations shall apply to all zoning districts in which the particular use being regulated is permitted.
10.2.2 
Compliance Mandatory.
No supplemental use may be initiated, established, or maintained unless it complies with the standards set forth for such use in this chapter.
10.2.3 
Requirements Supplement.
The requirements of this chapter shall supplement the requirements of the applicable base and overlay zoning district regulations and the other applicable standards of this chapter. These standards are in addition to, and do not replace, the other standards for development set forth in other chapters of the SLDC unless otherwise provided. To the extent that there is a conflict between a standard in another chapter of the SLDC and a standard in this chapter, the standard in this chapter governs unless otherwise indicated.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
10.3.1 
Applicability.
Where a principal use or structure is permitted, the Use Matrix may permit certain accessory structures subject to this Section. Accessory structures shall be clearly incidental and subordinate to the principal use, customarily found in connection with the principal use, and located on the same tract or lot as the principal use.
10.3.2 
Requirements.
10.3.2.1 
Accessory structures shall not be constructed or established on a lot until construction of the principal structure is completed or the principal use is established; however, an accessory structure may be constructed before the principal structure when development approval has been granted for both the principal and accessory structures. An accessory structure may be approved on a lot adjacent to a lot containing a principal structure where the lots are in common ownership and there are terrain or locational constraints on the lot with the principal structure.
10.3.2.2 
The accessory structure shall share a driveway and utilities with the principal use or structure unless prohibited by terrain constraints.
10.3.2.3 
The accessory structure shall not contain a kitchen or cooking facilities, including kitchen appliances, unless approved as part of an approved home occupation or nonresidential use. If a kitchen is provided for such use, the accessory structure shall not also contain a half bathroom.
10.3.2.4 
Agricultural and grazing and/or ranching accessory structures shall be permitted on property where the principal use is agriculture, grazing and/or ranching, provided that a development permit is obtained in accordance with the siting and design standards of this SLDC.
10.3.2.5 
Residential accessory structures shall not be designed such that they can be used for dwelling purposes. Accessory dwelling units are governed by Section 10.4.
10.3.2.6 
Residential accessory structures shall not contain a full bathroom; a toilet and sink shall be permitted but no shower or bath shall be permitted.
10.3.2.7 
An accessory structure may be approved on a lot adjacent to a lot containing a principal structure where both lots are in common ownership, where the lot with the principal structure has terrain or locational constraints.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
10.4.1 
Purpose and Findings.
Accessory dwellings units are an important means by which persons can provide separate and affordable housing for elderly, single-parent, and multi-generational family situations. This Section permits the development of a small dwelling unit separate and accessory to a principal residence. Design standards are established to ensure that accessory dwelling units are located, designed and constructed in such a manner that, to the maximum extent feasible, the appearance of the property is consistent with the zoning district in which the structure is located.
10.4.2 
Applicability.
This Section applies to any accessory dwelling unit located in a building whether or not attached to the principal dwelling. Accessory dwelling units shall be clearly incidental and subordinate to the use of the principal dwelling. Accessory dwelling units are permissible only: (a) where permitted by the Use Matrix; and (b) where constructed and maintained in compliance with this Section 10.4.
10.4.2.1 
Number Permitted.
Only one accessory dwelling unit shall be permitted per legal lot of record. Platted major subdivisions shall only be permitted to have an accessory dwelling unit if their approval and reports and SRAs allowed and accounted for this.
10.4.2.2 
Size.
The heated area of the accessory dwelling unit shall not exceed the lesser of: (a) fifty percent (50%) of the heated floor area of the principal residence; or (b) 1,400 square feet.
10.4.2.3 
Building and Site Design.
1. 
In order to maintain the architectural design, style, appearance, and character of the main building as a single-family residence, the accessory dwelling unit shall be of the same architectural style and of the same exterior materials as the principal dwelling.
2. 
An accessory dwelling shall not exceed one story in height and may not exceed the height of the principal dwelling unit.
3. 
An accessory dwelling shall be accessed through the same driveway as the principal residence. There shall be no separate curb cut or driveway for the accessory dwelling.
10.4.2.4 
Utilities.
Water and electricity for the accessory dwelling unit shall be shared with the principal residence. Liquid waste disposal shall be in common with the principal residence; however, if the principal residence is on a septic system, then any modifications to the system to accommodate the accessory dwelling unit shall be approved by NMED.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
10.5.1 
Purpose and Findings.
This Section is designed to protect the rights of handicapped and disabled persons subject to the federal Fair Housing Act (FHA), 42 U.S.C. Section 3601 et seq. and the Developmental Disabilities Act (Sections 28-16A-1 to 28-16A-18 NMSA 1978), and to accommodate housing for persons protected by the FHA by establishing uniform and reasonable standards for the siting of group homes and criteria that protect the character of existing neighborhoods.
10.5.2 
Applicability.
This Section applies to all group homes. For purposes of this Section, a “group home” means a residential facility in which any handicapped or disabled persons unrelated by blood, marriage, adoption, or guardianship reside with one or more resident counselors or other staff persons.
10.5.3 
Location.
Group homes are permitted as of right in all residential zoning districts, all commercial zoning districts, and other zones as specified in the SLDC. Pursuant to the requirements of the federal FHA and applicable case law, the SLDC does not require a conditional use permit or any other form of discretionary development approval for a group home. A variance is required only to the extent that the group home seeks a variance from the standards that apply to other uses in the base zoning district.
10.5.4 
Standards.
The standards applicable to group homes are the same as for single-family dwelling units located within the base district. Evidence of any license, certification, or registration required for the group home by State or federal standards, or a copy of all materials submitted for an application for any such license, shall be provided.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)
10.6.1 
Purpose.
The Purpose of this Section is to stimulate economic development in the County and promote energy efficiency by promoting home occupations and home businesses while ensuring the compatibility of home-based businesses with other uses permitted in the community. Any home-based business that exceeds the standards of this Section, either at its commencement or through business growth, shall be located in or relocated to an appropriate nonresidential area.
10.6.2 
Permit Required.
Home occupations require a permit as specified in Table 10-1. A permit will not be issued for a home occupation where:
10.6.2.1 
Code violations are present on the property;
10.6.2.2 
Adequate access is not available;
10.6.2.3 
Adequate infrastructure is not in place;
10.6.2.4 
The proposed home occupation is a roofing or towing business, construction yard, port-a-potty leasing business, involves retail sales open to the public, vehicle leasing business, crematories, auto paint and body shop, heavy industrial uses, a cannabis establishment, cannabis consumption area, or cannabis courier.
10.6.3 
Requirements for all home occupations.
10.6.3.1 
Location.
A home business may be located in any residential district, subject to the provisions of this Section.
10.6.3.2 
Owner-occupied.
The operator of the home business shall reside in a dwelling unit on the property.
10.6.3.3 
Hours of Operation.
All employee ingress/egress activity and deliveries shall occur between the hours of 8 a.m. and 8 p.m. Monday through Saturday.
10.6.3.4 
Signage.
Signage is governed by Table 10-1 and Section 7.9.10.
10.6.3.5 
Exterior Storage.
Limited storage of business-related property is allowed outside of the residence, but the storage area shall count as part of the square footage allocation shown in Table 10-1 and shall be shielded from the view of nearby properties. Where additional storage is allowed in accessory buildings, no display of goods or merchandise shall be visible from outside the enclosed building space, and a partition wall at least six feet in height shall separate business storage from other residential storage space.
10.6.3.6 
Noise, Vibration, Glare, Fumes and Odors.
The home business shall not create noise, vibration, glare, fumes or odors detectable to reasonable sensory perception outside the boundaries of the property.
10.6.4 
Types of Home Occupations.
The three categories of home occupations are described below and the requirements for each are set forth in Table 10-1.
10.6.4.1 
No Impact Home Occupation.
A “no impact” home occupation includes business activity by the resident and up to one non-resident employee. All business activity shall occur within the home and any permitted accessory buildings. A “no impact” home occupation is one in which there is no exterior evidence that business is occurring on property.
10.6.4.2 
Low Impact Home Occupation.
A low impact home occupation includes business activity by the resident and up to three non-resident employees. A “low impact” home occupation is one in which the business is allowed a limited number of visitors/appointments and a small identification sign. The only exterior evidence of the home business is in the form of slightly increased visitation and/or traffic.
10.6.4.3 
Medium Impact Home Occupation.
A medium impact home occupation includes business activity by the resident and up to five non-resident employees. Because of the larger impacts from increased employees and visitors, a medium impact home occupation requires a Conditional Use Permit to determine whether the business is appropriate for the area and whether additional conditions are required to ensure the residential character of the area is maintained.
Table 10-1: Home Occupation Requirements
 
No Impact
Low Impact
Medium Impact
Permit type
Business Registration
Development Permit
Conditional Use Permit
Non-resident employees (max)
1
3
5
Area used for business (maximum)
25% of heated square footage
35% of heated square footage
50% of heated square footage
Accessory building storage
100 SF
600 SF
1,500 SF
Appointments/patron visits (max/day)
0
4
12
Business traffic
none
see Section 10.6.5
see Section 10.6.5
Signage
not permitted
see Section 7.9.10
see Section 7.9.10
Parking and access
Resident and employee only
see Section 10.6.5
see Section 10.6.5
Heavy Equipment
None
Up to 2
3-6
10.6.5 
Parking and Access Requirements for Low and Medium Impact Home Occupations.
10.6.5.1 
Parking.
Parking associated with the home occupation shall be regulated as follows:
1. 
Vehicles associated with the business shall not be stored, parked or repaired on public rights-of-way. On-site parking for all associated vehicles shall be provided.
2. 
The parking, storage, repair or use of any commercial scale vehicle or equipment shall not be allowed.
3. 
Parking spaces needed for employees or customers/clients shall be provided in defined areas of the subject property. Such areas shall be accessible, usable, designed and surfaced appropriately.
4. 
Vehicles to be repaired shall be located within an enclosed building or in an area not visible from public view.
10.6.5.2 
Traffic.
The maximum number of vehicles that are associated with the business and located on the subject property shall not exceed six at any time, including, but not limited to, employee vehicles, customer/client vehicles, and vehicles to be repaired. No more than two pieces of heavy equipment may be located on the property at any time for a low impact home occupation. A Conditional Use Permit is required for any more than two pieces of heavy equipment for a Medium Impact Home Occupation.
10.6.6 
Noticing Requirements for Home Occupations.
Low and Medium Impact Home Occupations shall comply with the noticing requirements of Section 4.4.6. Noticing is not required for No Impact Home Occupations.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/2021)
10.7.1 
Applicability.
This Section applies to all residential condominium declarations recorded on or after the date of the adoption of the SLDC that either create or amend an existing condominium declaration to create condominium units or change the number of condominium [units].
10.7.2 
Requirements.
A condominium shall comply with the requirements of Chapter 8 (Zoning) and Chapter 5 (Subdivisions). No condominium declaration may be recorded in the Office of the County Clerk in the absence of a written verification from the Administrator that the condominium complies with these Chapters.
10.7.3 
Written Confirmation of Compliance.
If the proposed or amended condominium declaration complies with Section 10.7.2, the Administrator shall issue a written confirmation to the condominium declarant for inclusion in the contents of the condominium declaration as required by 47-7B-5 NMSA 1978. The Administrator shall maintain copies of written confirmations issued pursuant to this Subsection.
10.7.4 
Existing Residential Condominiums.
10.7.4.1 
Conforming.
A condominium (including constructed condominium units and unconstructed condominium units) is in conformance with this Section when:
1. 
The condominium meets the zoning density requirements of Chapter 9 [8] of this SLDC; or
2. 
The condominium met the zoning density requirements in effect when the most recent condominium declaration was recorded; and
3. 
The condominium meets the requirements set forth in the New Mexico Subdivision Act as set forth in Chapter 5.
10.7.4.2 
Nonconforming.
A condominium (including constructed condominium units and unconstructed condominium units) existing at the adoption of this Section that is not in conformance with Section 10.7.4.1 above is a nonconforming condominium. Nonconforming condominiums are subject to the following:
1. 
Constructed Units.
Constructed condominium units are legal nonconforming uses and structures with regard to the density requirements of Chapter 9 [8]. A constructed condominium unit that is destroyed by any means may be reconstructed only if the reconstructed unit at the time of reconstruction is made to comply with all other applicable sections of the SLDC in effect.
2. 
Unconstructed Units.
Unconstructed condominium units in excess of the zoning density requirements of Chapter 9 [8] are not legal and may not be developed.
3. 
Units Constructed without Required Approvals.
Units that were constructed without required development approvals are not legal. Such units shall be brought into compliance with the SLDC.
(Ordinance 2016-9 adopted 12/13/16)
No on-site borrow may be removed from a site except removals associated with a grading permit granted by the Administrator, without a conditional use permit; provided, however, that building materials such as adobes and rammed dirt may be excavated as a part of construction on the property without a permit.
(Ordinance 2016-9 adopted 12/13/16)
10.9.1 
Applicability.
Authorized temporary commercial uses are authorized so long as all requirements of this Section are complied with. Table 10-2 provides the rules under which the temporary uses may be accommodated. Additional requirements for certain uses are included in Sections 10.9.210.9.6.
Table 10-2: Temporary Uses
Activity
Permitted district
Duration
Maximum times/year per lot/parcel
Permit required?
Auctions
any
3 days
1
no
Christmas tree sales
CG, CN, I, IL, P/I, MU, PD, A/R, RUR, TC
60 days
1
no
Office in a model home
any
24 months, renewable for additional (up to) 12-month periods
n/a
yes
Fireworks stand
CG, I
30 days
1
yes
Temporary outdoor retail sales
CG, CN
10 days
4
yes (unless shown on approved site development plan)
Produce stand or farmers’ market
any
90 days renewable for additional (up to) 6-month periods
n/a
no
Public assembly (carnival, fair, circus, festival, show, exhibit, concert, or similar)
CG, CN, I, IL, P/I, MU, PD, A/R, RUR, RUR-F
up to 2 weeks
n/a
yes
Yard/garage sales
any residential
2 consecutive days, limited to daylight hours
n/a
no
Film production
any
As needed
n/a
yes
10.9.2 
Constructed Temporary Uses.
Temporary buildings and structures are permitted in any zoning district while approved building, land development or redevelopment is occurring. Such buildings or structures may include offices, construction trailers or construction dumpsters and storage buildings.
10.9.3 
Dumpsters.
Construction dumpsters are subject to the following:
10.9.3.1 
No construction dumpster may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic;
10.9.3.2 
Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and
10.9.3.3 
Every construction dumpster shall be routinely emptied so it does not create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials and stagnant water.
10.9.4 
Public Assembly.
Temporary buildings, structures, or tents for public assembly (including carnivals, circuses, and similar events) are permitted as specified in Table 10-2, provided that:
10.9.4.1 
No such building, structure, or tent shall be permitted to remain on the site for a consecutive period exceeding two weeks;
10.9.4.2 
Sufficient space for parking shall be provided on the site to meet the anticipated needs;
10.9.4.3 
Adequate provision shall be made for utility services; and
10.9.4.4 
No exterior amplifiers, speakers, or other similar equipment shall be permitted outside of the temporary building, structure, or tent.
10.9.5 
Yard/Garage Sales.
Outdoor yard/garage sales are permitted in all residential zoning districts without a permit. Items purchased elsewhere expressly for resale at a yard/garage sale are prohibited. Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day or days of the sale. Commercial outdoor sales activities are prohibited. For purposes of this Subsection, a “yard/garage sale” means a public sale at a dwelling at which personal items belonging to the residents of the dwelling are sold.
10.9.6 
Film Production and Related Activity.
See County Ordinance 2010-6.
10.9.7 
Removal of Temporary Structures.
Structures related to a temporary use shall be completely removed within 60 days of the expiration of the permit for the temporary use.
(Ordinance 2016-9 adopted 12/13/16)
10.10.1 
Applicability; Exceptions.
10.10.1.1 
This Section shall apply to the activities of itinerant vendors operating within the County.
10.10.1.2 
The provisions of this Section shall not apply to persons, business entities or their agents selling only fruits, vegetables, berries, eggs, or any farm produce in accordance with the locations and durations identified in Table 10-2.
10.10.2 
License/Permit.
An itinerant vendor shall operate at all times under an approved business license issued by the County. An itinerant vendor operating in a Traditional Community, shall obtain a conditional use permit and a business license.
10.10.3 
Standards.
Itinerant vendors shall conform to the following standards:
10.10.3.1 
An itinerant vendor may only operate in nonresidential, mixed-use and traditional community zones as defined in Chapter 8.
10.10.3.2 
An itinerant vendor shall not obstruct, or cause or permit the obstruction of, the passage of any sidewalk, road, avenue, alley or any other public place, by reason of people congregating at or near the place where goods, wares, food, or merchandise of the vendor is being sold or offered for sale.
10.10.3.3 
An itinerant vendor shall locate outside of any public right-of-way and shall not locate a vehicle, other conveyance, temporary stand, or merchandise within twenty feet (20') of any public road or within twenty feet (20') of the intersection of any public road and private driveway. Access to the itinerant vendor’s vehicle, conveyance or stand from a public right-of-way shall be clear and unobstructed and shall not impede the ordinary flow of traffic on said right-of-way.
10.10.3.4 
Permits for signs or signage shall be in accordance with Section 7.9.12.
10.10.3.5 
No vehicle, other conveyance or temporary stand of an itinerant vendor shall be located closer than twenty feet (20') from any building or structure on the licensed property or adjoining property.
10.10.3.6 
No vehicle, other conveyance or temporary stand of an itinerant vendor shall locate closer than fifty feet (50') from flammable combustible liquid or gas storage and dispensing structures.
10.10.3.7 
All itinerant vendors shall place at least one (1) thirty (30) gallon garbage receptacle upon the site.
10.10.3.8 
Itinerant vendor sites shall be cleaned of all debris, trash, and litter at the conclusion of daily business activities. Additionally, all vehicles, trailers, displays, pushcarts or other conveyances containing the wares of itinerant vendors shall be removed from the vendor site at the conclusion of each daily business activity.
10.10.3.9 
An itinerant vendor shall not sell or vend from his or her vehicle or conveyance:
1. 
Within three hundred feet (300') of any public or private school grounds during the hours of regular school session, classes, or school related events of said public or private school, except when authorized by said school.
2. 
Within three hundred feet (300') of the entrance to any business establishment while open for business that offers for sale as a main featured item or items similar to those of the itinerant vendor, unless authorized by said business owner.
3. 
Within three hundred feet (300') of any public park where any county authorized concession stand is located during times other than during the course of a public celebration or unless approved by the Administrator.
10.10.3.10 
An itinerant vendor that operates continuously at the same location, may only operate at that location for a total of 60 days in any calendar year and shall relocate to a new location or cease to operate.
10.10.4 
Health Regulations.
All itinerant food vendors shall comply with all laws, rules, and regulations regarding food handling, and all vehicles used for the sale of food shall comply with all the laws, rules, and regulations respecting such vehicles as established by the New Mexico Environment Department and the County.
(Ordinance 2016-9 adopted 12/13/16)
10.11.1 
Applicability.
This Section applies to the regular sales and display of retail goods in parking areas, sidewalks, and other locations outside of an enclosed building. This Section does not apply to farmers’ markets or produce stands where permitted by the applicable zoning district. Temporary outdoor retail sales are governed by Section 10.9.
10.11.2 
Permitted.
10.11.2.1 
Outdoor sales and display of retail goods, wares, and merchandise are permitted accessory uses in the Commercial General (CG) and Mixed Use (MU) districts if shown on the approved site development plan.
10.11.2.2 
An outdoor sales and display shall be customarily incidental to a principal use in the district in which the outdoor sales and display is permitted. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas, except as provided in Section 10.10 (Itinerant Vendors).
10.11.2.3 
An outdoor display is subject to a minimum setback of 20 feet from an adjoining property line.
10.11.2.4 
Outdoor display shall be screened from view along any property line abutting a residential zoning district. To the extent that buildings on the premises are located in order to screen views from adjacent roads and properties, such buildings may be considered to be part of the required screening in lieu of landscaping, fences, walls, and enclosures.
10.11.2.5 
All outdoor displays shall be located on the same lot as the principal use.
10.11.2.6 
Areas used for such display shall be furnished with a hard surface material.
10.11.2.7 
Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress.
10.11.2.8 
Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios Chapter 7. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required.
(Ordinance 2016-9 adopted 12/13/16)
10.12.1 
Purpose and Findings.
This Section establishes regulations for permanent storage areas in the “I” (Industrial) zoning district.
10.12.2 
Applicability.
This Section applies to industrial outdoor storage (with the exception of salvage operations and yards as defined and regulated by the SLDC), including contractors’ yards, building supply sales, coal sales and storage and scrap metal storage.
10.12.3 
Standards.
Storage yards shall be:
10.12.3.1 
Enclosed by a non-climbable fence or wall at least six feet in height; and
10.12.3.2 
Screened from view along any property line abutting a residential zoning district.
(Ordinance 2016-9 adopted 12/13/16)
10.13.1 
Purpose and Findings.
This Section establishes standards to permit the establishment of self-storage facilities, along with standards designed to protect surrounding neighborhoods and to implement the SGMP.
10.13.2 
Applicability.
This Section applies to any self-storage facility.
10.13.3 
Standards.
10.13.3.1 
The total area covered by building shall not exceed 50 percent of the site.
10.13.3.2 
No outside storage is permitted except outdoor storage of recreational vehicles and boats in areas so designated on an approved site development plan.
10.13.3.3 
The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited.
10.13.3.4 
The facility shall be enclosed by a non-climbable fence or wall at least six feet in height; and
10.13.3.5 
The facility shall be screened from view along any property line abutting a residential zoning district.
10.13.3.6 
No business activity other than the rental of storage units shall be conducted on the premises.
10.13.3.7 
One dwelling unit is permitted on the same lot for use as a caretaker dwelling.
(Ordinance 2016-9 adopted 12/13/16)
10.14.1 
Applicability.
Regardless of whether a mobile home park is a subdivision, condominium, or site-lease facility, the provisions of this Section shall apply in addition to the other applicable provisions of the SLDC, including the density provisions of the zoning district in which the park is located.
10.14.2 
Design Standards.
All mobile home parks shall comply with the following design standards. For mobile home parks that are subdivisions, the design standards of this Section shall supersede any conflicting standards of Chapter 5 (Subdivisions and Land Divisions).
10.14.2.1 
Home sites/lots shall have a minimum lot size of thirty-five hundred (3,500) square feet. Note that the zoning requirements of the district in which the park is located (see Chapter 8) may dictate a larger minimum lot size.
10.14.2.2 
Mobile homes shall be located on each lot so as to provide:
1. 
Not less than twenty (20) feet of clearance between mobile homes;
2. 
Not less than ten (10) feet between a mobile home and any other structure within the park, including storage units, porches or portals;
3. 
Not less than ten (10) feet between a mobile home and any property line of the park which does not abut upon a public road or highway;
4. 
Not less than twenty-five (25) feet between a mobile home and any property line of the park abutting upon a public road or highway, unless the zoning standards of the district require a greater setback; and
5. 
For the purpose of this Section, the distance from a mobile home shall be calculated to include any porch, attached room or deck, or any similar addition or improvement.
10.14.2.3 
Two (2) off-road parking spaces shall be provided for each mobile home space, which shall be gravel or paved in concrete or asphalt.
10.14.2.4 
Walkways from all mobile home spaces to all common areas within the mobile home park shall be provided, and such walkways shall not be less than thirty-six (36) inches wide and constructed of a hard surface material (e.g., concrete, asphalt, brick or flagstone).
10.14.2.5 
Lighting shall be provided for all roads and walkways.
10.14.2.6 
Roads within the park shall comply with Chapter 7.
10.14.2.7 
The perimeter of the park shall be landscaped to blend with the surrounding land contours and vegetation.
10.14.2.8 
A step pad shall be located adjacent to each mobile home stand and constructed of hard surface material (e.g., concrete, asphalt, brick or flagstone), with a minimum area of seventy-two (72) square feet and a minimum thickness of four (4) inches.
10.14.2.9 
All service buildings and grounds of the mobile home park shall be maintained in a clean condition and kept free of any conditions that will menace the health or safety of any occupant and the public and shall not constitute a nuisance.
(Ordinance 2016-9 adopted 12/13/16)
10.15.1 
Applicability.
This Section shall apply to all trade contractor businesses.
10.15.2 
Standards.
Trade contractor businesses located within a Residential Base Zoning District shall meet design standards within this SLDC in addition to the following standards:
10.15.2.1 
No more than five (5) large commercial vehicles shall be permitted in a trade contractor business;
10.15.2.2 
Outside storage shall not exceed 1500 square feet, including vehicle storage, and shall be screened by a six-foot-high solid wall or fence. All other storage shall be within a building.
(Ordinance 2016-9 adopted 12/13/16)
10.16.1 
Purpose.
The purpose of this Section is to promote environmental sustainability, economic development, public safety and general welfare by fostering the development of the County’s wind power resources and by providing standards for the safe, sustainable design and aesthetic provision of wind energy facilities.
10.16.2 
Conflict.
If any provision of this Section imposes restrictions in conflict with those of any Chapter of the SLDC, or any other ordinance, rule, regulation, statute or other provision of law, the provision that is more restrictive or imposes higher standards shall control, unless preempted by federal or state law.
10.16.3 
General Requirements.
10.16.3.1 
Appearance.
1. 
No wind energy facility shall be used for signage, promotional or advertising purposes, including but not limited to company names, phone numbers, flags, banners, streamers, or balloons except for equipment manufacturer’s name or logo on the equipment itself.
2. 
Wind energy facilities shall be painted or finished with a non-reflective, unobtrusive color and shall incorporate non-reflective surfaces to minimize visual disruption.
3. 
No wind energy facility shall be artificially lighted except to the extent required by the Federal Aviation Administration or other applicable authority.
10.16.3.2 
Safety Standards.
1. 
Towers shall be constructed to provide one of the following means of access:
a. 
Tower climbing apparatus located no closer than twelve (12) feet from the ground;
b. 
A locked anti-climb device installed on the tower; or
c. 
A locked protective fence at least six feet in height that encloses the tower.
2. 
All wiring shall be underground, except for:
a. 
Wiring that runs from the turbine to the base of the wind energy facility; and
b. 
“Tie-ins” to a public utility transmission poles, towers and lines.
3. 
At least two signs shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery.
4. 
Anchor points for any guy wires for a system tower shall be located within the site and not on or across any above-ground electrical transmission lines. The point of attachment for the guy wires shall be enclosed by a fence or sheathed in bright orange or yellow covering from three to eight feet above the ground.
5. 
The wind energy facility shall be equipped with an automatic and redundant braking or governing system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and other wind energy components and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
6. 
The wind energy facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems. If it is demonstrated that a facility is causing disruptive interference beyond the site, the operator or owner shall promptly eliminate the disruptive interference or cease operation of the facility and remove it pursuant to Section 10.16.4.3.
7. 
The wind energy facility shall meet all applicable federal, State and County Fire Prevention and Building Code requirements.
8. 
If connected to a public utility system for net-metering purposes, the facility shall meet the requirements for interconnection and operation as set forth in the public utility’s current service regulations applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
9. 
If more than one wind energy facility is installed, a distance equal to 1 times the height of the tallest small-scale wind energy facility shall be maintained between the bases of each wind energy facility.
10. 
For building-mounted wind systems, a letter or certificate bearing the signature of a duly registered New Mexico professional engineer shall be submitted to the Administrator, indicating that the existing structure onto which the wind energy facility [is attached] is capable of withstanding the additional load, force, torque, and vibration imposed by the wind energy facility for the foreseeable future; will comply with seismic and structure provisions set out in County and State building codes; and if constructed in accordance with the plans, the entire facility, including the building onto which the facility will be attached, will be safe, will be in accordance with all applicable governmental building codes, laws, and regulations, and in accordance with generally accepted engineering practices and industry standards, including, without limitation, acceptable standards for stability, wind and ice loads.
10.16.4 
Small-Scale Wind Energy Facilities.
Small-scale wind facilities are designed for single parcel use and not for selling power to other entities, and are equal to or less than ninety (90) feet in total height above ground level including the highest extension of the turbine blade.
10.16.4.1 
Development Standards.
1. 
No exposed moving part of any small-scale wind energy facility shall, at the lowest point of its extension, be less than twenty (20) feet above the ground. Notwithstanding the foregoing, the lowest extension of any blade or other exposed moving component of the facility shall be at least fifteen (15) feet above the ground (at grade level) and in addition at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as swimming pools, recreational facilities, back yards, balconies or roof gardens, that are located directly below the facility. All building-mounted facilities shall be attached to a building, garage or separate structure.
2. 
For parcels up to ten acres in size, only one turbine shall be permitted. The maximum height of the tower and turbine blade shall not exceed 55 feet.
3. 
For parcels equal to or greater than 10 acres, the maximum height of the tower and turbine shall not exceed 90 ft.
10.16.4.2 
Noise.
Small-scale wind energy facilities shall not exceed 55 dBA or 5 dBA above ambient noise levels, whichever is less as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages or severe wind storms.
10.16.4.3 
Removal.
1. 
If any small-scale wind energy facility ceases to perform its originally intended function for more than twelve (12) consecutive months, or the facility is required to be dismantled, the property owner shall so notify the Administrator in writing within thirty (30) days after the end of such twelve-month period, and the property owner shall remove the tower, rotor, guy wires, and associated equipment and facilities by no later than ninety (90) days after the end of the twelve (12) month period.
2. 
If the property owner fails to remove the small-scale wind energy facility within the timeframe described above, the small-scale wind energy facility shall be deemed a public nuisance subject to the provisions of Chapter 14.
10.16.5 
Large Wind Energy Facilities.
A large wind energy facility is any wind-based electric generating facility that generates power for sale or profit, in excess of 90 feet in height as measured from the lowest level or portion of the wind energy facility (slab or base) in contact with the ground surface to the highest point of any part of the facility, with moving parts measured at the highest points of their extension.
10.16.5.1 
Procedural Requirements.
1. 
Development approval.
A large wind energy facility shall obtain a conditional use permit.
2. 
Modification to Existing Facility.
Any substantial physical modification to an existing and permitted large wind energy facility that materially alters the size or type of turbines by more or other equipment shall require a conditional use permit amendment. Like-kind replacements, repairs or maintenance made within ninety (90) days of the large wind energy facility part needing replacement shall not require a permit modification. For the purposes of this Section, “substantial physical modification” means an alteration visible by a person of normal vision from a property line or a public road or an alteration having a cost greater than or equal to five percent (5%) of the assessed value of the facility.
10.16.5.2 
Design and Installation.
1. 
Design Safety Certification.
The design of the facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters’ Laboratories, Det Norske Veritas, Germanishcer LloydSE, or other similar certifying organizations.
2. 
Setbacks.
a. 
Buildings and accessory structures shall be at least one hundred (100) feet distant from the property boundary.
b. 
Wind turbines shall be set back from the nearest on-site building or structure a distance of not less than two times the height of the tower and turbine total height of the tower and turbine shall be required from all property lines.
c. 
Wind Turbines shall be set back from the nearest occupied building or structure located on an adjacent landowner’s property a distance of not less than five (5) times the total height of the turbine tower and blade, as measured from the center of the turbine base to the nearest point on the foundation of the occupied building.
d. 
Large-scale wind energy facilities are prohibited within 500 feet of public parkland, areas of historical or cultural significance, natural areas and nature preserves.
e. 
Wind turbines shall be set back from the nearest public right-of-way a distance of not less than two times the total turbine height, as measured from the right-of-way line of the public road to the center of the turbine base.
f. 
Large-scale wind energy facilities shall be set back a distance of not less than eight times the total turbine height from public parkland, areas of historical or cultural significance, a natural area, or nature preserves.
3. 
Use of public roads.
a. 
The applicant shall identify all state and local public roads to be used within the County to transport equipment and parts for construction, operation or maintenance of the large wind energy facility.
b. 
The County Department of Public Works or a qualified third party engineer hired by the County and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again thirty (30) days after construction is complete or as weather permits.
c. 
The County may require that the applicant provide a permanent bond against any damage to the road from the transportation of the large wind turbine to and from the site.
d. 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant’s expense.
e. 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
10.16.5.3 
Local emergency services.
1. 
The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire departments; and
2. 
Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the facility.
10.16.5.4 
Noise.
Audible sound from a large energy facility shall not exceed fifty-five (55) dBA or 5 dBA above ambient whichever is less as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages or severe windstorms. Methods for measuring and reporting acoustic emissions from wind turbines and the large wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
10.16.5.5 
Signal interference.
The facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems. If it is demonstrated that a facility is causing disruptive interference beyond the site, the applicant shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, or television signals, including any public agency radio or microwave systems, caused by the facility.
10.16.5.6 
Liability insurance.
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence. Certificates shall be made available to the County upon request.
10.16.5.7 
Development agreement.
A development agreement can be entered into between the property owner, the County and the facility owner, carrying out all conditions of the development order approving or conditionally approving the large wind energy facility, and all other requirements of this Section and the requirements of other applicable County, state or federal ordinances, regulations or laws.
10.16.5.8 
Decommissioning.
1. 
The owner/operator shall, at its expense, complete decommissioning of the facility or of any individual turbine, within twelve (12) months after the end of the useful life of the facility or of any individual turbine. The facility or individual turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
2. 
Decommissioning shall include removal of turbines, buildings, structures, cabling, electrical components, roads, and foundations to a depth of thirty-six (36) inches, as well as any other associated facilities/equipment. Disturbed earth shall be graded and reseeded with native flora.
3. 
An independent and New Mexico state certified professional engineer shall be retained to estimate the total cost of decommissioning (“Decommissioning Costs”) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (“Net Decommissioning Costs”). Said estimates shall be submitted to the County after the first year of operation and every fifth year thereafter.
4. 
The large wind energy facility owner/operator shall post and maintain funds (“Decommissioning Funds”) in an amount equal to Net Decommissioning Costs; provided that at no point shall the Decommissioning Funds be less than twenty-five percent (25%) of Decommissioning Costs.
5. 
The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner/operator posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the State and is approved by the County.
6. 
Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guaranty or other form of financial assurance as may be acceptable to the County.
a. 
If the facility owner/operator fails to complete decommissioning within six (6) months after the end of the twelve-month period, then the County may take such measures as necessary to complete decommissioning, at the expense of the facility owner/operator.
b. 
The escrow agent shall release the Decommissioning Funds when the facility owner/operator has demonstrated and the County concurs that decommissioning has been satisfactorily completed, or upon written approval of the County in order to implement the decommissioning plan.
(Ordinance 2016-9 adopted 12/13/16)
10.17.1 
Applicability; Exceptions.
Section 10.17 shall apply to the installation, construction, modification or operation of any wireless communication facility located within the unincorporated areas of the County, with the following exceptions:
10.17.1.1 
Satellite earth stations, satellite dishes and TV antennas; and
10.17.1.2 
Routine maintenance of any existing wireless communication facility that does not include the placement of a new wireless communication facility, modification of an existing wireless communication facility, or installation of a collocation.
10.17.2 
Purpose; Intent.
The purpose and intent of this Section is to ensure that the placement, construction, and modification of wireless communications facilities are conducted with due regard for: the County’s health, safety, public welfare; environmental features of the County; the nature and character of the communities and neighborhoods and other aspects of the quality of life specifically listed elsewhere in this Section; compliance with generally applicable building, structural, electrical and safety codes; and compliance with laws and county ordinances codifying objective standards reasonably related to health and safety. Accordingly, the County hereby adopts this Section to achieve the following goals of:
10.17.2.1 
Requiring a wireless communication permit or CUP permit for the placement, construction of any new wireless communication facility, or for the collocation or modification of an existing wireless communication facility;
10.17.2.2 
Implementing an application process for a person(s) or entity(ies) seeking a wireless communication permit or CUP permit;
10.17.2.3 
Minimizing the impact of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility;
10.17.2.4 
Encouraging whenever possible the location and collocation of wireless communication equipment on existing structures, thereby minimizing adverse visual, aesthetic, and public safety impacts and effects upon the natural environment and wildlife, and reducing the need for additional antenna supporting structures;
10.17.2.5 
Accommodating the growing need and demand for wireless communication services;
10.17.2.6 
Encouraging coordination between providers of wireless communication services;
10.17.2.7 
Protecting the character, scale, stability, and aesthetic quality of the County’s residential districts by imposing reasonable restrictions on the placement of certain amateur radio facilities;
10.17.2.8 
Establishing review procedures to ensure that applications for wireless communication facilities are reviewed and acted upon within a reasonable period of time;
10.17.2.9 
Providing for the removal of discontinued antenna supporting structures;
10.17.2.10 
Providing for the replacement or removal of nonconforming antenna supporting structures;
10.17.2.11 
Complying with the policies embodied in the federal Telecommunications Act of 1996 (47 U.S.C. 332(c)) in such a manner as to:
1. 
Not unreasonably discriminate among providers of functionally equivalent services, and not prohibiting or have the effect of prohibiting the provision of personal wireless services;
2. 
Provide for the County to act on any request for authorization to place, construct, or modify a personal wireless service facility within a reasonable period of time after the request is duly filed, and payment is made of the applicable application fee;
3. 
Provide that any development order issued on an application for development approval which denies or conditionally approves a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record; and
4. 
Provide that no County development order shall regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions beyond such facilities complying with the Federal Communication Commission’s regulations concerning such emissions.
10.17.2.12 
Complying with the policies embodied in § 6409(a) of the federal Spectrum Act (47 U.S.C. 1455), adopted by Congress in Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. No. 112-96, Feb. 22, 2012), relative to the processing of any application for an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station. Acknowledging that according to the FCC, the clear intent of Congress in adopting this Act was to advance wireless broadband deployment, which it is believed will promote billions of dollars in private investment and create tens of thousands of jobs.
10.17.2.13 
Determining when an eligible facilities request is specifically made under the Spectrum Act and herein, which imposes mandatory approval and establishes a 60-day timeline for processing a request to modify an existing wireless tower or base station where the modification does not substantially change the physical dimensions of an existing tower or base station.
10.17.2.14 
Determining when a requested modification of an existing wireless tower or base station does or does not constitute a substantial change under the Spectrum Act.
10.17.3 
Structural and Other Standards Applicable to Antenna Supporting Structures.
10.17.3.1 
Height.
The height limitations of wireless communication facilities shall be governed by Table 10-3. Except for stealth facilities, amateur radio antennas as covered in Section 10.17.14 below, or height restrictions as otherwise provided in this Section below, the overall height of any antenna supporting structure shall not exceed 150 feet:
1. 
AM and FM broadcast antenna supporting structures may not exceed 200 feet in overall height;
2. 
Television broadcast antenna supporting structures may not exceed 250 feet; and
3. 
Antenna supporting structures proposed of a height of more than 200 feet or within proximity of an airport as set forth in 47 CFR section 17.7 (Antenna Structures Requiring Notification to the FAA) and Title 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) both as most recently amended, shall comply with the provisions of those regulations and provide the Administrator with a copy of either the Determination of Hazard to Navigation or the No Determination of Hazard to Navigation, whichever has been issued pursuant to 14 CFR section 77.9.
Table 10-3: Wireless Communications Facility Height Limitations by Zoning District
Zoning District
New tower and substantial modification
(ft)
No substantial modification
(ft)
Roof-Mounted
Surface-Mounted
Stealth
A/R
150
75
See section 10.17.6.1
See section 10.17.7.1
See section 10.17.8.1
RUR
120
75
"
"
"
RUR-F
90
50
"
"
"
RUR-R
75
50
"
"
"
RES-F
n/a
40
"
"
"
RES-E
n/a
36
"
"
"
RES-C
n/a
30
"
"
"
TC
n/a
24
"
"
"
CG
75
50
"
"
"
CN
n/a
40
"
"
"
I/IL
90
50
"
"
"
P/I
60
40
"
"
"
MU
60
40
"
"
"
PD
60
40
"
"
"
10.17.3.2 
Setbacks.
1. 
Antenna supporting structures, equipment enclosures, and ancillary appurtenances shall meet the minimum setback requirements for the zoning district in which they are proposed.
2. 
To provide for public safety in the event of an antenna catching fire or becoming structurally unstable and falling to the ground, all new antenna supporting structures shall be set back from the property line a distance equal to at least its potential fall radius, as certified in writing by a New Mexico professional engineer duly licensed by the State of New Mexico Board of Licensure for Professional Engineers and Professional Surveyors. When computing the potential fall radius of a new antenna supporting structure, the following additional conditions shall apply:
a. 
an applicant shall take future modifications to its structure into consideration that could add height and thus increase the fall radius;
b. 
except for an antenna supporting structure sited in a residential zone, the potential fall radius shall, at a minimum, be at least the height of a tower and, in the event of its fall, cannot fall outside of the boundaries of the property on which it is sited;
c. 
no new antenna supporting structure shall be placed adjacent an existing tower such that if it fell to the ground, it would not fall against any existing antenna supporting structure; and
d. 
no new antenna supporting structure shall be placed adjacent an existing electrical power line, including its supporting tower(s), such that if it fell to the ground, it would not fall against the power line or its supporting tower(s).
3. 
In addition to any minimum setback requirements described in paragraph 1 above, antenna supporting structures with a tower height of at least 20 feet sited adjacent to residential property shall be set back a minimum of 100 feet, or a distance equal to twice the tower height, whichever is greater, measured from the property line of any property on which a residence is located. An antenna supporting structure shall be sited such that if it falls, it will not fall outside of the boundaries of the property on which it is sited nor will it fall onto any residence or accessory structure of an abutting property. It shall be certified in writing by a New Mexico professional engineer duly licensed by the State of New Mexico Board of Licensure for Professional Engineers and Professional Surveyors that an antenna supporting structure satisfies these setback and fall restrictions. This Section shall not apply in a P/I district for emergency communication facilities.
10.17.3.3 
Construction.
Antenna supporting structures shall be of a monopole-type construction only, guyed or unguyed, except as follows:
1. 
Broadcast structures with an overall height of greater than 200 feet may have a lattice-type construction;
2. 
Amateur radio antennas may have a monopole-, lattice-, or guyed-type construction; and
3. 
AM broadcast antenna supporting structures may have a monopole- or guyed-lattice-type construction.
10.17.3.4 
Lighting.
1. 
Except for motion sensing security lighting to deter intruders, no lights, signals, or other illumination shall be permitted on any antenna supporting structure or ancillary appurtenances unless that lighting is required by the FAA or the FCC. The installation and use of any security lighting shall comply with Section 7.8.5.3 of this Code.
2. 
Site lighting may be placed in association with an approved equipment enclosure but shall be shielded to prevent light trespass. Site lighting shall remain unlit except when authorized personnel are present.
10.17.3.5 
Intensity Requirements.
The floor area for a wireless communication facility shall be calculated based on the total square footage of all equipment enclosures associated with the facility.
10.17.3.6 
Color.
Antenna supporting structures and ancillary appurtenances, including transmission lines, shall maintain a tan adobe finish or other contextual or compatible color as determined by the Administrator, except as otherwise required by the FAA or the FCC.
10.17.3.7 
Fencing.
A fence of at least six (6) feet but no more than eight (8) feet in height from finished grade shall be installed in order to completely enclose the base of the antenna supporting structure and associated equipment. Access to the antenna supporting structure shall be controlled by a locked gate. The fence shall be constructed in accordance with Chapter 7 of this Code. Any access gate(s) shall be secure and kept locked except for access by Applicant’s personnel including any maintenance individuals.
10.17.3.8 
Signage.
1. 
No signs may be placed on antenna supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall except as required by this Section.
2. 
If high voltage is necessary for the operation of a proposed wireless antenna structure, bold-lettered “High Voltage–Danger” and “No Trespass” warning signs not greater than one square foot in area shall be permanently attached to the fence or wall at a height of at least five (5) feet and spaced at intervals of at least 40 feet and also upon the access gate. Such signs shall be maintained so they are clearly visible and not obstructed by landscaping.
3. 
A sign not greater than one square foot in area shall be attached to the access gate that indicates the following information: FCC Registration Number, if applicable, name of owner or contact person; and emergency contact number which shall be kept current.
10.17.3.9 
Safety; ANSI/TIA-222-G Compliance.
All antenna supporting structures shall comply with the safety standards contained in the American National Standards Institute/Telecommunications Industries Association (ANSI/TIA) document 222-G, “Structural Standard for Steel Antenna Towers and Supporting Structures,” as amended, revised or supplemented by addenda. ANSI/TIA-222-G addresses such factors that include, but are not limited to, default design parameters, wind speed resistance based on a three-second-gust wind speed, ice formation, climber safety, structure load details, mounting frames, classification of structures, earthquake design, topographic categories, ground surface exposure categories and soil parameters.
10.17.3.10 
Accommodation of Future Collocations.
1. 
Antenna supporting structures shall be designed to accommodate future collocations. The estimated amount of additional equipment to be accommodated by applicant shall be disclosed during the pre-application conference.
2. 
As a condition of approval under this chapter, the applicant shall submit a shared use plan that commits the owner of the proposed antenna supporting structure to accommodate future collocations where reasonable and feasible in light of the criteria set forth in this Section.
3. 
Except for amateur radio or stealth facility structures, all new or modified antenna supporting structures up to eighty (80) feet shall be engineered and constructed to accommodate no less than two (2) antenna arrays; all antenna supporting structures between eighty-one (81) feet and one hundred (100) feet, shall be engineered and constructed to accommodate no less than three (3) antenna arrays; all antenna supporting structures between one hundred one (101) feet and one hundred fifty (150) feet, shall be engineered and constructed to accommodate no less than four (4) antenna arrays.
10.17.3.11 
Proliferation Minimized.
1. 
Generally.
New antenna supporting structures will not be permitted unless the applicant indicates that the proposed antenna(s) cannot be accommodated on an existing building or structure or by construction of a stealth facility.
2. 
Letters of coordination.
At the pre-application conference, the applicant of a new antenna supporting structure shall provide documentation that the following notice was mailed, via certified mail, return receipt requested, or delivered by courier service to all providers or, where applicable, to owners of existing antenna supporting structures, and that the applicant was unable to secure a lease agreement with a provider to allow the placement of the proposed antenna(s) on an existing structure or building within the geographic search area, as follows:
Pursuant to the requirements of the Santa Fe County Sustainable Land Development Code, (NAME OF APPLICANT) is providing you with this notice of intent to meet with the Administrator in a pre-application conference to discuss the location of a freestanding wireless communication facility to be located at (LOCATION).
(APPLICANT) plans to construct an antenna supporting structure of (NUMBER OF) feet in height for the purpose of providing (TYPE OF WIRELESS SERVICE).
Please inform the County Administrator and (APPLICANT) if you intend to own/operate any other wireless communication facility/ies within two miles of the proposed facility, or if you have knowledge of an existing building or antenna supporting structure that might accommodate the antenna(s) associated with our proposed facility.
Please provide us with this information within 10 days following the receipt of this letter.
Sincerely,
(APPLICANT, WIRELESS PROVIDER)
The Administrator shall maintain a list of known wireless service providers and owners, including their contact information. Letters of coordination shall be mailed not less than 10 business days prior to the pre-application conference required by this Section and shall request a response from the recipient within 10 days of receipt.
3. 
Siting priorities.
In order to justify the construction of an antenna supporting structure, the applicant shall demonstrate that higher-ranking alternatives in the following order do not constitute feasible alternatives: (a) collocated or combined antennas; (b) surface-mounted antennas; (c) roof-mounted antenna supporting facility; and (d) stealth wireless communication facility. Such demonstration shall be made by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer.
4. 
Additional evidence.
As appropriate, the following evidence may also be submitted to demonstrate compliance with this Section: (a) that no existing wireless communication facility within the geographic search area meets the applicant’s radio frequency engineering or height requirements; (b) that no building or structure within the geographic search area has sufficient structural strength to support the applicant’s proposed antennas; or (c) that there are other limiting factors that render collocated, surface-mounted, roof-mounted, or stealth facilities unsuitable or unreasonable.
10.17.3.12 
Visual Impacts Minimized.
1. 
Generally.
Antennas shall be configured on antenna supporting structures in a manner that is consistent with the character of the surrounding community and that minimizes adverse visual impacts on adjacent properties.
2. 
Antenna type priorities.
In order to justify the use of an antenna type lower in the hierarchy, the applicant shall adequately demonstrate that higher-ranked alternatives in the following order cannot be used: flush-mounted, panel, whip or dish. Such demonstration shall be made by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer familiar with said alternatives.
10.17.3.13 
District Impacts Minimized.
In order to justify locating a proposed antenna supporting structure within a zoning district lower in the hierarchy, the applicant shall adequately demonstrate that siting alternatives within higher-ranked districts in the following order are not reasonable or feasible: developments of countywide impact; industrial; commercial; agricultural/ranching; planned districts; residential and rural residential; flood hazard areas, habitat areas and corridors, mountains and hillsides, rivers and streams, wetlands, scenic byways and trails; or airport overlay. Such demonstration shall be made by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer.
10.17.3.14 
Unpermitted Wireless Transmission Equipment.
Any tower or base station that exists upon the effective date of this Code that was constructed or deployed without proper review by the County, was not required to undergo siting review, or supports transmission equipment that did not receive any State or County regulatory approval shall not be subject to the granting of a collocation application. The restrictions in this Section do not apply to femtocells, satellite dish antennas or personal TV antennas, when each is installed for personal use. It shall also not apply to a stealth facility.
10.17.3.15 
Restricted and sensitive sites.
In addition to any potential sites for constructing antenna supporting structures that are restricted or subject to compliance requirements under the National Environmental Policy Act of 1969 (NEPA), the National Historic Preservation Act of 1966 (NHPA) or related rules of the FCC, no antenna supporting structure shall be constructed on any property, dwelling or structure in the County listed as an archeological, historic, scientific, architectural or cultural property or resource on the “New Mexico Register of Cultural Properties” pursuant to rules of the Cultural Properties Review Committee and Historic Preservation Division of the New Mexico Department of Cultural Affairs. Nor shall an antenna supporting structure be constructed on any land that is the subject of a conservation easement or that has been designated as open space.
10.17.3.16 
Licensure of Installation Contractor.
Any New Mexico business entity contracted to construct a broadcast tower or wireless communication tower under this Section shall be a licensed GF-7 contractor pursuant to state rule 14.6.6 NMAC (“Classifications and Scopes”) as most recently amended, which rule was adopted by the Construction Industries Division of the Regulation and Licensing Department.
10.17.4 
Standards for Modifications.
10.17.4.1 
The short processing time and mandatory approval for a modification under the Spectrum Act applies to an eligible facilities request for modification of an existing wireless tower or base station that substantially changes the physical dimensions of an eligible support structure, and involves:
1. 
Collocation of new transmission equipment;
2. 
Removal of transmission equipment; or
3. 
Replacement of transmission of equipment.
10.17.4.2 
Substantial Modifications.
In determining whether a modification substantially changes the physical dimensions of an eligible support structure, changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally such as on a building’s rooftop. In other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (February 22, 2012). A substantial change occurs, if it meets any of the following criteria:
1. 
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten (10) feet, whichever is greater;
2. 
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
3. 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
4. 
It entails any excavation or deployment outside the current site;
5. 
It would defeat the concealment elements of the eligible support structure; or
6. 
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in paragraphs 1 through 4 above.
10.17.4.3 
Nonsubstantial Modifications.
A modification that does not substantially change the physical dimensions of an eligible support structure would consist of proposed dimensions or increases that are less than any of the dimensions or increases described in paragraphs 1 through 4 of Section 10.17.4.2 above. Additionally, a modification that does not substantially change the physical dimensions of an eligible support structure is one that does not entail any excavation or deployment outside the current site of an existing facility, or its modification would defeat the concealment elements of a stealth facility.
10.17.4.4 
Color.
All collocated antennas and ancillary appurtenances shall maintain a sandstone finish or other contextual color that is compatible with the environment or the building to which they are attached.
10.17.4.5 
Visual impact minimized.
The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of collocations.
10.17.5 
Standards for Water Tower-Mounted Antenna Supporting Structure.
Even though a water tower may be considered an accessory structure or its use an accessory use, antennas may be placed on water towers in zoning districts where antennas for wireless communication facilities are designated as conditional uses in the use matrix. No portion of any water tower-mounted antenna or its base station shall extend above the height of the water tower walls unless specifically permitted as part of a conditional use for good reason demonstrated.
10.17.6 
Standards for Roof-Mounted Antenna Supporting Structure.
10.17.6.1 
Height.
1. 
For purposes of public safety in order to prevent or reduce the potential for damage and bodily injury from such an antenna supporting structure or modification thereto, any roof-mounted antenna supporting structure, attachment device, equipment enclosure, and/or any ancillary appurtenance may not extend above the roof line of the building upon which it is attached by more than twenty (20) feet.
2. 
Roof-mounted antenna supporting structures proposed within proximity of an airport as set forth in 47 CFR section 17.7 (Antenna Structures Requiring Notification to the FAA) and Title 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) both as most recently amended, shall comply with the provisions of those regulations and provide the Administrator with a copy of either the Determination of Hazard to Navigation or the No Determination of Hazard to Navigation notice, whichever is issued pursuant to 14 CFR section 77.9.
3. 
An antenna located on a building roof shall, in addition to the requirements of paragraphs 1 to 3 above, be governed by the regulations for the maximum height of structures of the applicable district.
10.17.6.2 
Location and placement.
Roof-mounted antennas may be placed only on commercial nonresidential, institutional, industrial, and multifamily buildings.
10.17.6.3 
Screening and placement.
1. 
If practicable by reason of the roof design, roof-mounted wireless communication facilities should be mounted as near to the center of the roof as possible. Whenever practicable, roof-mounted structures should be screened by a parapet or other device such as a camouflage application in order to minimize their visual impact as viewed from the lot line of the subject property.
2. 
Transmission lines placed on the exterior of a building shall be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached.
10.17.6.4 
Construction.
Roof-mounted antennas shall be of a monopole-type construction.
10.17.6.5 
Color.
Roof-mounted structures, ancillary appurtenances, and equipment enclosures shall maintain a color to match as closely as possible the color and texture of the wall of the building on which they are mounted.
10.17.6.6 
Signage.
No signs may be placed on any roof-mounted structure, ancillary appurtenances, or equipment enclosures.
10.17.6.7 
Visual impact minimized.
The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of roof-mounted structures.
10.17.7 
Standards for Surface-Mounted Antennas.
10.17.7.1 
Height and placement.
Surface-mounted antennas shall be placed not less than 15 feet from the ground and, where proposed for placement on a building, shall be placed so that the antenna shall be at least three feet below the roof line.
10.17.7.2 
Color.
Surface-mounted antennas and associate ancillary appurtenances shall maintain a color that is the same as the surface to which they are attached, unless another color is more compatible within the context of the proposed facility and the surrounding environment. Transmission lines shall be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building or structure to which they are attached.
10.17.7.3 
Visual impact minimized.
The visual impact requirements and hierarchy set forth at Section 10.17.3.12 shall apply to the approval of surface-mounted structures.
10.17.8 
Standards for Stealth Facilities.
10.17.8.1 
Height.
The overall height of a proposed stealth wireless communication facility shall be limited to that which is allowed within the zoning district in which the facility is to be located, and which is consistent with the surrounding community. However, in no case may the overall height of any stealth facility exceed 50 feet. Stealth wireless communication facilities proposed within a O-AN district and within proximity of an airport, as set forth in 47 CFR section 17.7 (Antenna Structures Requiring Notification to the FAA) and Title 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) both as most recently amended, shall comply with the provisions of those regulations and provide the Administrator with a copy of either the Determination of Hazard to Navigation or the No Determination of Hazard to Navigation notice, whichever is issued pursuant to 14 CFR section 77.9.
10.17.8.2 
Setbacks.
1. 
Stealth wireless communication facilities, ancillary appurtenances, and equipment enclosures shall meet the minimum setback requirements for the zoning district in which they are proposed. However, the minimum separation from any existing residential structure shall be 150% of the tower’s height.
2. 
Setback requirements for stealth facilities may be reduced if it is determined that such a reduction is necessary to reduce the visual impact or enhance the compatibility of the proposed facility.
10.17.8.3 
Aesthetics.
No stealth facility may have antennas or ancillary equipment that is readily identifiable from the public domain as wireless communication equipment. Stealth facilities shall be designed to be reasonably consistent with the surrounding built or natural environment. In order to determine compliance with this requirement, the following criteria shall be considered:
1. 
Overall height;
2. 
The compatibility of the proposed facility with surrounding built and natural features;
3. 
Scale;
4. 
Color;
5. 
The extent to which the proposed facility has been designed to reasonably replicate a non-wireless facility (e.g., a silo, flagpole, or tree); and
6. 
The extent to which the proposed facility is not readily identifiable as a wireless communication facility.
10.17.9 
Permitting of Temporary Towers.
Temporary towers shall require permitting but under an expedited review process that shall be completed, after payment of a permitting fee, which shall be within five (5) working days.
10.17.9.1 
The need for temporary towers arises when there is insufficient time to complete an environmental notification process before a temporary tower must be deployed to meet short-term wireless communication demands. Such need for deployment includes:
1. 
newsworthy events that occur without any prior notice and require immediate deployments, such as natural disasters and other natural or local emergency or urgent events;
2. 
other events that occur with less than thirty (30) days’ advance notice, such as political events and parades for sport teams;
3. 
events for temporary towers are unknown until days before the event, such as fairs and major sporting events; and
4. 
situations in which unexpected difficulties with permanent structures require the deployment of temporary towers to restore lost communications while permanent facilities are repaired or replaced.
10.17.9.2 
Temporary towers are authorized subject to the following restrictions:
1. 
they shall be in place for no more than sixty (60) days subject to one 60-day extension due to changed circumstance or information that emerged after the exempted temporary tower was deployed;
2. 
they shall comply with any notice of construction requirements of the FAA;
3. 
they do not require any marking or lighting under FAA or state regulations;
4. 
they shall be greater than thirty (30) but less than two hundred (200) feet in height; and
5. 
they either will involve no excavation or excavation only where the depth of previous disturbance exceeds the proposed construction depth excluding footings and other anchoring mechanisms by at least two (2) feet.
10.17.9.3 
Thirty (30) days shall elapse following the removal of one temporary tower before the same applicant may rely on the authority for another temporary tower covering substantially the same service area.
10.17.10 
Application and Development Review Process.
10.17.10.1 
Generally.
Unless excepted by Section 10.17.1, all wireless telecommunication facilities are subject to zoning approval in accordance with Chapter 8 of the SLDC and this Section. The use matrix sets forth the process required based on the applicable location and facility type.
10.17.10.2 
General Application Requirements.
1. 
In addition to the application form for a wireless communication development permit and conditional use permit (if applicable), the applicable submittal requirements as indicated in Table 10-4, the SRAs required by Chapter 6, and the sustainable design standards of Chapter 7, shall be furnished with the application and satisfied prior to review of an application for any new wireless communication facility. This requirement is not applicable to replacement of an existing wireless communication facility or to nonsubstantial modifications of existing antenna supporting structures including the installation of collocations. (For provisions governing replacement, see Sections 10.17.4.1, 10.17.10.6 and 10.17.14.)
2. 
All applications must be signed by the property owner, the applicant, and the provider who will be placing antennas on the proposed facility. If the property owner is not the provider, the application shall include a copy of an executed lease agreement between the applicant or property owner and a provider, or, where no lease agreement has been executed, an affidavit signed by a carrier attesting to an intent to place antennas on the wireless communication facility if the application is approved.
3. 
If the application is for a new antenna supporting structure, the applicant shall also comply with the pre-application meeting requirements of the SLDC. This provision is not applicable to replacement antenna supporting structures unless they exceed the height of the existing structure. Prior to the pre-application meeting, the applicant shall provide the following information regarding the proposed facility:
a. 
A detailed site plan that shows:
(i) 
location and dimensions of the proposed facility;
(ii) 
maximum height above ground of the proposed facility;
(iii) 
The elevation of the proposed facility including the benchmarks and data used to compute;
(iv) 
Any and all existing setbacks on the proposed site; and
(v) 
The location of all existing access ways to the proposed location and design of any proposed access ways.
b. 
Number of antennas proposed, including those of other providers;
c. 
Type or types of wireless communication to be provided;
d. 
The full name and address of the owner of the parcel;
e. 
Applicant’s certification that they have the legal authority to collocate/modify support structure which may include obtaining approvals from the Administrator authoring the initial placement of transmission equipment on the tower or other structure; and
f. 
Proof that the letters of coordination were mailed as required by Section 10.17.3.11 regarding accommodation of future collocations.
Table 10-4: Submittal Requirements for Wireless Telecommunication Facilities
Antenna Supporting
Collocations
Roof-Mounted
Surface-Mounted
Stealth Facilities
Required Submissions:
*
*
*
*
*
A complete application on a form provided by the Administrator.
*
*
*
*
*
A signed assurance from the facility’s owner, owner’s agent or operator stating that the radio frequency emissions for the proposed facility or device shall not exceed the FCC’s maximum permissible exposure limits for the general population set forth in 47 CFR section 1.1310.
*
*
*
*
*
The maximum tower height and maximum power output in megahertz and watts of any proposed wireless communication facility including any proposed modifications or collocations of an existing facility.
*
*
*
*
*
Proof that the proposed facility meets or exceeds the standards for wind resistance, mount loads and mounting frames covered by ANSI/TIA 222-G as amended, revised or supplemented by addenda.
*
 
*
 
*
Proof that the proposed antenna supporting structure has been designed so that, in the event of structural failure, the facility will collapse within the boundaries of the lot on which it is located.
*
 
 
 
*
A license (and for broadcast structures, a construction development approval) issued by the FCC to transmit radio signals in the County.
*
*
*
*
*
The contact information for the owner of any proposed or existing antenna supporting structure, and a statement that such information will be updated annually or upon a change of ownership.
*
*
*
*
*
A statement of the height above sea level of the highest point of the proposed facility, including any modifications or collocations.
*
*
*
 
*
A stamped or sealed structural analysis of the facility prepared by a professional engineer, certified by the State of New Mexico indicating the proposed and future loading capacity of the facility and its compliance with ANSI/TIA 222-G as amended, revised or supplemented by addenda.
*
 
 
 
*
One original and two copies of a survey of the lot completed by a registered land surveyor indicating all existing uses, structures, and improvements.
*
 
 
 
*
Photo-simulated post-construction renderings of the proposed facility, equipment enclosures, and ancillary appurtenances as they would look after construction from locations to be determined by the participants during the pre-application conference.
*
 
*
*
*
Proof of FAA compliance with Subpart C of the Federal Aviation Regulations Part 77 by providing a copy of either a “Determination” or “No Determination” “of Hazard to Navigation” notice pursuant to 14 CFR Section 77.9.
*
*
*
*
*
A letter of consent from the airport authority if within any noise or safety zone.
*
 
*
*
*
Shared use plan.
*
 
 
 
*
If required by the U.S. Fish and Wildlife Service, a letter indicating that the proposed antenna supporting structure and appurtenances are in compliance with all applicable federal rules and regulations.
*
*
*
*
*
A graphical representation with statement of the coverage area planned for the cell to be served by the proposed facility.
*
*
*
*
*
Antenna heights and power levels of the proposed facility and all other facilities on the subject property.
*
 
 
*
 
A geotechnical report addressing the soil type and soil properties at the proposed site to avoid having a tower anchor corrode and fail to support the tower. (ANSI/TIA 222-G, annex of values representative of soil types)
10.17.10.3 
Application Review Standards.
Application review standards are indicated by facility type below in Sections 10.17.10.5 through 10.17.10.7 and are in addition to the applicable standards of Chapters 7 and 8 herein.
10.17.10.4 
Expert Review of Application.
1. 
Due to the complexity of the methodology or analysis required to review an application for a wireless communication facility including modification/ collocation to an existing facility, the Administrator or the Planning Commission may require a technical review by a third-party expert, the cost in an amount specified in the fee ordinance, which shall be borne by the applicant. The expert review may address the following:
a. 
The accuracy and completeness of submissions;
b. 
The applicability of analysis techniques and methodologies;
c. 
The validity of conclusions reached;
d. 
Whether the proposed wireless communication facility complies with the applicable approval criteria set forth in this chapter, other sections of the SLDC, federal and state laws and regulations; and
e. 
Any other matters deemed by the Administrator to be relevant in determining whether a proposed wireless communication facility complies with the provisions of this Chapter, the SGMP, other sections of the SLDC, federal and state laws and regulations.
2. 
Based on the findings and conclusions of the expert review, the Administrator may require changes to the applicant’s application or required submissions. However, any such required changes or submissions shall be treated as an incomplete submission and governed by Sections 10.17.10.5 through 10.17.10.7 respectively, depending on the type and size of the facility.
3. 
The applicant shall reimburse the County for the engineering review required in Section 10.17.10.4 by depositing funds or a letter of credit with the Administrator in an amount specified in the fee ordinance. Any refund or requirement for additional amounts will be determined within 10 working days of the date of receipt of an invoice for expenses associated with the third-party expert’s review of the application. Failure by the applicant to make reimbursement pursuant to this Section will suspend the pending application until payment in full is received.
10.17.10.5 
Application for a new wireless communication facility.
Notwithstanding any other review/approval timeframes for development permits or CUP permits under this SLDC, an application for the siting of a new wireless communication facility shall be reviewed and a final decision issued by the Administrator or Planning Commission within 150 days from the date of submittal of the application.
1. 
If an application is determined to be incomplete, the Administrator or Planning Commission must notify the applicant in writing of the incompleteness within 30 days of receipt of the application, which notification shall toll the 150-day timeline for processing an application only until the applicant submits the additionally requested documents or information.
2. 
Any notice of incompleteness shall inform the applicant what specific documents or information are missing from the application, and what Code provision, ordinance or application procedure requires the documentation or information to be submitted.
3. 
Upon receipt of the applicant’s supplemental submission, if the Administrator or Planning Commission still considers the application to be incomplete, a notice of incompleteness must be submitted to the applicant within 10 days of receipt detailing what specific documents or information are still missing.
4. 
If the Administrator or Planning Commission issues a second or subsequent notices of incompleteness in response to subsequent supplemental submissions, such notices may not seek missing documents or information that were not previously delineated in the original notice of incompleteness.
5. 
If the Administrator or Planning Commission does not render a decision on the application within 150 days, even factoring in any additional days due to tolling, such indecision shall constitute “failure to act” and authorize the applicant to commence an action in court under § 332(c)(7)(B)(v) of the Telecommunications Act of 1996. The applicant need not appeal to the Board prior to taking the matter to court for failure to act.
6. 
If the Administrator renders a decision denying the application, the applicant may appeal pursuant to Section 4.5 of this Code.
10.17.10.6 
Application for modification of a wireless tower or base station that does not substantially change the physical dimensions of the tower or base station.
Notwithstanding any other review/approval timeframes for development permits or CUP permits under this SLDC, an application for modification of an existing wireless communication facility that does not substantially change the physical dimensions of an eligible support structure shall be reviewed and a final decision issued by the Administrator within 60 days from the date of submittal of the application to the Administrator. “Modification” of a wireless tower or base includes collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission of equipment.
1. 
Processing covered and non-covered requests.
a. 
An application for development permit for modification of a wireless communication facility that does not substantially change the physical dimensions of a tower or base station must specifically assert in its application that the requested modification constitutes a “covered request” under § 6409(a) of the Spectrum Act.
b. 
If the Administrator determines that a request is not a covered request, then the application is not entitled to consideration for mandatory approval under the Spectrum Act. Instead, such modification application shall still be considered for approval but under the 150-day Telecommunications Act timeline, which timeframe commences upon issuance of the Administrator’s decision that § 6409(a) of the Spectrum Act does not apply.
c. 
An application for a collocation which is determined by the Administrator to be non-covered shall be considered for approval within 90 days from the date that determination is made.
2. 
Addressing incomplete applications.
a. 
If an application is determined to be incomplete, the Administrator must notify the applicant in writing of the incompleteness within 30 days of receipt of the application, which notification shall toll the 60-day timeline for processing an application only until the applicant submits the additionally requested documents or information.
b. 
Any notice of incompleteness shall inform the applicant what specific documents or information are missing from the application and what Code provision, ordinance or application procedure requires that documentation or information to be submitted.
c. 
Upon receipt of the applicant’s supplemental submission, if the Administrator still considers the application to be incomplete, a notice of incompleteness must be submitted to the applicant within 10 days of receipt detailing what specific documents or information are still missing.
d. 
If the Administrator issues second or subsequent notices of incompleteness in response to subsequent supplemental submissions, such notices may not seek missing documents or information that were not previously delineated in the original notice of incompleteness.
e. 
All subsequent notices of incompleteness shall further toll the 60-day timeline for processing an application only until the applicant submits the additionally requested documents or information.
f. 
The 60-day timeline may be tolled at any time by mutual agreement in a document signed by the Administrator and the applicant.
3. 
If the Administrator does not render a decision on the application within 60 days, even factoring in any additional days due to tolling, such indecision shall constitute “failure to act” and the applicant’s request shall be deemed granted. That an applicant’s request is deemed granted shall not become effective until the applicant notifies the Administrator in writing after the review period has expired, including any tolling, that the application has been deemed granted.
4. 
If the Administrator renders a decision denying the application, the applicant may, pursuant to Section 4.5 of the Code, appeal that decision within 5 days to the Planning Commission, and if still aggrieved, appeal that decision within 30 days to the Board.
5. 
Availability of court review.
Either the Applicant or the Administrator may, within 30 days of the relevant event, bring claims related to the Spectrum Act to any court of competent jurisdiction. By way of example:
a. 
the Administrator could invoke litigation to challenge an applicant’s written assertion of a deemed grant when the Administrator believes the underlying application did not meet the criteria in the Spectrum Act for mandatory approval, would not comply with applicable building codes, or would not comply with other non-discretionary structural and safety codes.
b. 
the applicant could invoke litigation to challenge the Administrator’s denial of application approval, the Administrator’s determination of incompleteness, or to obtain a declaratory judgment or other order confirming that its application is deemed granted.
10.17.10.7 
Application for modification of a wireless tower or base station that substantially changes the physical dimensions of the tower or base station.
Notwithstanding any other review/approval timeframes for development permits under this SLDC, an application for modification of an existing wireless communication facility that substantially changes the physical dimensions of an eligible support structure shall be reviewed and a final decision issued by the Planning Commission within 150 days from the date of submittal of the application to the Administrator; or within 90 days from the date of submittal of the application to the Administrator if the modification application is for collocation of new transmission equipment. The procedures in paragraphs 1 through 6 of Section 10.17.10.5 above shall apply.
10.17.11 
Discontinuance and removal of facilities.
10.17.11.1 
Action by Administrator upon discontinued use.
In the event that all legally approved use of an antenna supporting structure or antenna has been discontinued for a period of at least 180 consecutive days, the Administrator shall make a preliminary determination of discontinuance and revocation of the development permit or CUP permit. In making such a determination, the Administrator may request documentation and/or affidavits from the property owner and/or the owner of the wireless facility as to the continued use of the facility.
10.17.11.2 
Annual continued use report.
The property owner and owner/operator of the wireless facility shall file a consolidated annual report with the Administrator as to the continued use of the facility and provide updated contact information. Such report shall be due every 12 months on the anniversary of the granting of the wireless communication facility development permit or CUP permit. Failure on the part of a property owner or owner of the wireless facility to provide the annual report shall be presumptive evidence of discontinuance.
10.17.11.3 
Notice of discontinuance and revocation.
At such time as the Administrator reasonably determines that an antenna supporting structure or antenna has been discontinued, the Administrator shall provide the property owner and owner/operator of the wireless facility with a written notice of discontinuance and revocation of the CUP by certified mail or hand-delivered, at the last and usual place of business or residence, and set the matter for a public hearing with the Planning Commission for the first available date no sooner than 30 days after the notice of discontinuation and revocation of the CUP was mailed.
10.17.11.4 
Planning Commission hearing.
The Administrator shall establish at a public hearing by a preponderance of evidence that the subject facility has discontinued its operation by at least 180 consecutive days. Failure on the part of the property owner or owner/operator of the wireless facility to respond to the notice of discontinuance and revocation of the CUP, or to dispute discontinuance of its operation, will be evidence of discontinuance.
10.17.11.5 
Planning Commission final determination; written decision.
Based on the foregoing, or on any other relevant evidence submitted, or on testimony presented during the hearing including failure to respond, the Planning Commission shall make a final written determination on the issue of whether discontinuance of the operation by at least 180 consecutive days has occurred.
1. 
Such determination the Planning Commission shall be supported by written findings and conclusions and shall be based on a preponderance of the evidence.
2. 
If the Planning Commission determines that the use of the wireless communication facility has been discontinued, it shall issue a development order revoking the development order or CUP upon such reasonable terms as the Planning Commission in its quasi-judicial capacity shall determine.
3. 
The development order shall be served upon the property owner and the owner/operator of the wireless facility by certified mail return receipt requested, or by hand-delivery at the last and usual place of business or residence.
4. 
If the Planning Commission determines after hearing that the use of the wireless communication facility has not been discontinued, it shall issue and serve a written decision to that effect pursuant to the procedures described herein.
5. 
In the event of a finding of non-discontinuance, the wireless communication facility can continue to operate and shall file appropriate papers with the Administrator that provides contact information, the scope of its intended operation and such other information necessary to its operation and permitting by the County required by the Administrator.
10.17.11.6 
Removal of facility.
Unless the written decision of the Planning Commission is timely appealed pursuant to Section 4.5.4 of this Code, within 120 days of a determination of discontinuance, the property owner or facility owner/operator shall either:
1. 
Reactivate the use of the structure as a wireless communication facility under a timetable and conditions set by the Planning Commission;
2. 
Transfer ownership of the structure to a successor owner who will make appropriate use of the facility pursuant to the terms of the CUP or applicable development order; or
3. 
If neither paragraphs 1 or 2 of this subsection has occurred, the Administrator may, upon 10 days’ written notice to the property owner and the owner/operator of the wireless facility, enter upon the property and dismantle and remove the facility, with all costs subject to reimbursement jointly and severally by the property owner and the owner/operator.
10.17.12 
Nonconforming Antenna Supporting Structures.
Where any existing antenna supporting structure is made nonconforming by implementation of this Section and its owners or operators seek to make a modification that substantially changes the physical dimensions of the tower or base station, any such modification shall require both the existing supporting structure and the modification to be in compliance with Section 10.17 of this Code. The owner or operator of the facility may apply for a variance and further demonstrate that the requirements of this Section impose an unreasonable burden on the ability of a provider to provide personal wireless services pursuant to a license from the FCC or by reason of federal law.
10.17.13 
Variance Criteria.
No variance shall be granted under the provisions of this Section unless the Planning Commission makes at least one of the following written findings of fact and conclusions:
10.17.13.1 
That failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal wireless services in violation of a license issued by the FCC or federal law;
10.17.13.2 
That failure to grant the variance would unreasonably discriminate among providers of functional equivalent personal wireless services;
10.17.13.3 
That the variance will obviate the need for additional antenna supporting structures;
10.17.13.4 
That the variance is necessary to ensure adequate public safety and emergency management communications; or
10.17.13.5 
That the variance is the minimum necessary in order for the applicant to provide broadcast services pursuant to an FCC-issued construction development approval.
10.17.14 
Amateur radio antennas and radio facilities.
Amateur radio antennas and radio facilities may be allowed as an accessory use to other permitted uses subject to a permit issued by the Administrator pursuant to the procedures in this Code. Operators of such facilities shall comply with the following standards:
10.17.14.1 
Amateur radio antennas and radio facilities shall be owned and operated by a person holding either a valid Technician License, General License or Amateur Extra License issued by the FCC, or an unexpired grandfathered Novice, Technician Plus or Advanced license that was previously issued by the FCC, which licensee shall also hold a valid Station License, all as issued by the FCC pursuant to 47 CFR Part 97.
10.17.14.2 
A minimum setback of a distance equal to the height of the radio antenna or tower shall be required and no antenna or its supporting structure shall be located in the front setback.
10.17.14.3 
Guyed structure’s anchors of any radio antenna shall be set back at least five feet from the property line.
10.17.14.4 
All lattice towers shall be within the licensed operator’s property where it shall either be enclosed by a six-foot perimeter fence of solid construction or protected by a climb guard device at least six feet in height.
10.17.14.5 
Maintenance or replacement of existing facilities that does not increase the height and otherwise complies with the restrictions herein shall be allowed without a permit.
10.17.14.6 
Fixed amateur radio antennas and radio facilities shall not exceed 45 feet in height from ground level.
10.17.14.7 
Crank-up amateur radio antennas may extend to a maximum height of 75 feet from ground level, provided the lowered height does not exceed 45 feet and the crank-up tower is retracted when not in use.
10.17.14.8 
Heights greater than those described above may be approved by application for a Conditional Use Permit, provided that the structure is reasonably necessary for the principal use, the proposed height is the minimum necessary for proper functioning, and the proposed accessory structure will not adversely affect neighboring properties.
10.17.14.9 
No amateur radio station antenna or tower shall be sited such that, in the event of its fall, it could fall outside of the boundaries of the property on which it is sited.
10.17.14.10 
Antenna support structures shall be located on property so as to provide adequate setbacks from above-ground utility power lines.
10.17.14.11 
Before placing an amateur radio station on land of environmental importance or that is significant in American history, architecture or culture, the amateur radio station applicant may be required to take certain actions prescribed by 37 CFR sections 1.1305 to 1.1319 of FCC regulations.
10.17.15 
Violation of Standards.
The property owner(s), as well as the tower owners or operators, shall be co-responsible for any violations of applicable standards in this Code which may be enforced pursuant to any of the remedies contained in Chapter 14 of this Code or otherwise provided by law.
(Ordinance 2016-9 adopted 12/13/16)
10.18.1 
Applicability.
This Section applies to any satellite dish antenna use except:
10.18.1.1 
An antenna that is one meter (3.28 feet) or less in diameter and is used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;
10.18.1.2 
An antenna that is one meter (3.28 feet) or less in diameter or diagonal measurement and is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite;
10.18.1.3 
An antenna of any size that is used for residential purposes to receive television broadcast signals and high speed internet; and
10.18.1.4 
A mast no higher than 24 feet in height supporting an antenna described in Subsections 1 through 3 above.
10.18.2 
Location.
A satellite dish antenna shall not be located or mounted:
10.18.2.1 
In the required front or side yards in any residential or commercial district; or
10.18.2.2 
On the roof or wall of a building that faces a public right-of-way.
10.18.3 
Development Permit.
A satellite dish antenna in excess of the dimensions described above requires a development permit with site development plan approval.
10.18.4 
Screening.
Without restricting its operation, a satellite dish antenna located on the ground shall be screened from view from public roads and from adjacent properties.
10.18.5 
Height.
A satellite dish antenna located on the building roof shall be governed by the regulations for the maximum height of structures of the applicable district.
(Ordinance 2016-9 adopted 12/13/16)
10.19.1 
Applicability.
This Section applies to any mineral extraction activity for construction materials, including but not limited to, stone, sand, gravel, aggregate, or similar naturally occurring construction materials that affects less than 10 acres of land and extracts less than 20,000 tons of construction material and does not use blasting. Such activity shall be allowed where permitted by the Use Table, Exhibit B [Appendix B], subject to approval of a conditional use permit (Section 14.9.6) and the additional requirements of this section. If the extraction activity requires blasting, then this Section shall not apply and the operation will be treated as a Development of Countywide Impact under Chapter 11. The extraction activity includes all areas for removal, stockpiling, processing, and all ancillary uses, such as office, parking, vehicle storage and loading, and is limited to a total of 10 acres under this Section.
10.19.2 
Related Uses.
Related office and material processing activity may be permitted at the sand and gravel extraction sites where approved as part of the conditional use permit and constructed and operated in compliance with the SLDC and so long as the use is consistent.
10.19.3 
Application.
In addition to the submittal requirements for a conditional use permit (Section 4.9.6 [14.9.6]), including any studies, reports and assessments required by Table 6-1, an application for approval of a small-scale sand and gravel extraction activity shall include the following:
10.19.3.1 
Operations Plan.
An operations plan for the small-scale sand and gravel activity consisting of the following:
1. 
Maps, plans, graphics, descriptions, timetables, and reports which correlate and specify:
a. 
a detailed description of the method(s) or technique(s) to be employed in each stage of the activity where any surface disturbance will occur;
b. 
the size and location of area(s) to be disturbed, which includes excavations, overburden spoils, topsoil stockpiles, driveways and roads;
c. 
pursuant to the standards of Section 7.17 (Terrain Management), a description of all earthmoving activities, including backfilling of cuts and leveling or compaction of overburden;
d. 
if applicable, the location and size of all water diversions and impoundments or discharge of water used in extraction activity;
e. 
areas to be used for storage of equipment and vehicles;
f. 
location and size of any structures;
g. 
areas designated to be reclaimed;
h. 
hours of operation and, if applicable, a description of outdoor lighting;
i. 
fire protection plans; and
j. 
environmentally sensitive land, floodplains, and wild life corridors.
2. 
A description of how construction materials will be processed on and/or removed from the site.
3. 
A description of how each phase of exploration or extraction correlates to the reclamation plan.
4. 
A timetable for each phase of extraction operations and reclamation.
5. 
A description of the steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards.
6. 
A drainage control plan showing methods which will be utilized to avoid erosion on and adjacent to the site.
7. 
A description of all hazardous materials to be used and transported in connection with the small-scale sand and gravel extraction activity and a description of steps that will be taken to insure that the use of such materials will have no adverse impact on the residents or environment of Santa Fe County.
8. 
A description of the projected noise to be generated and an explanation of how the operator will comply with the requirements of Section 7.21.4 (Noise).
9. 
A statement concerning compliance, as applicable, with regulations of the Federal Aviation Administration (FAA).
10.19.3.2 
Operational Standards and Requirements.
1. 
State Permits.
All small-scale sand and gravel extraction activities shall submit all required state permits, FEMA and/or Army Corps of Engineers permits with the conditional use permit application.
2. 
Duration and Hours of Operation.
Extraction activity for a small scale sand and gravel operation shall be limited to a two (2) year duration. This two year limit shall not include initial set up of the operation and reclamation. Additional two year extensions may be granted by the Board. Hours of operation are limited to the period between sunrise or 7:00 a.m. whichever is latest, and sunset or 6:00 p.m., whichever is earliest, Monday through Saturday.
3. 
Water Supply.
Extraction and filling of a reservoir shall not infringe on a downstream appropriator’s rights.
4. 
Project Traffic Impacts:
a. 
All roads carrying small-scale sand and gravel extraction related traffic shall conform to the requirements of Section 7.11 (Road Design Standards) of the SLDC.
b. 
Transportation Facility Improvements.
An analysis of all roads accessing the site shall be submitted to the County with detailed information concerning the ability of the roads to adequately support the projected traffic, including projected weight of vehicles for 20 years or the life of the small-scale sand and gravel extraction activity. Cost of all improvements required, on- and off-site, shall be borne entirely by the applicant.
c. 
Trip Generation.
The Planning Commission may establish a maximum number of truck trips allowed to enter and exit a processing location.
d. 
Traffic Counts.
Traffic counts at the entrance of the operation may be required.
e. 
Designation of construction and haul routes.
The application shall designate proposed truck haul and traffic routes that shall be subject to limitation by the Planning Commission, which proposal shall:
i. 
identify the primary haul route including existing road conditions;
ii. 
identify residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings along the haul route,
iii. 
identify alternative routes;
iv. 
identify the timing of truck haul traffic; and
v. 
include a fugitive dust plan for designated routes to prevent loss of loads and fugitive dust during transportation.
5. 
Project Description.
The applicant shall provide a detailed statement describing the proposed small-scale sand and gravel extraction activity including:
a. 
The amount and type of materials to be excavated;
b. 
Duration of the excavation activity and reclamation activity;
c. 
The proposed method of excavation;
d. 
The amount of fill to remain on site; and
e. 
A statement from a New Mexico professional engineer indicating the type of material(s) to be excavated and their suitability for road and structural fill construction.
6. 
Access.
Adequate and available access required per Section 7.4 (Access and Easements) of the SLDC.
7. 
Visual Screening Measures.
Visual screening, which shall include all phases, is required per Section 7.6 (Landscaping and Buffering) of the SLDC plus the following standards:
a. 
General.
The view from all public roads, rivers, parks, open space and adjoining residential areas shall be screened.
b. 
Buildings.
All buildings’ design, scale, and location shall be minimized.
c. 
Surrounding Vegetation.
Any vegetation on site that can act as screening of the extraction area shall be preserved, including vegetation existing in the required setbacks.
8. 
Lighting.
All small-scale sand and gravel extraction activity must comply with Section 7.8 (Lighting) of the SLDC.
9. 
Signs.
All small-scale sand and gravel extraction activity must comply with Section 7.9 (Signs) of the SLDC, but are limited to two signs of 4 square feet each.
10. 
Parking and Loading.
All small-scale sand and gravel extraction activity must comply with Section 7.10 (Parking and Loading) of the SLDC.
11. 
Hazardous Materials.
Any fuel, explosives, or other hazardous materials stored on the site shall be contained within an impoundment structure.
12. 
Wildlife.
Protection is required for critical environmental resources including wetlands, riparian areas, and important wildlife habitats.
a. 
Any modification of the terrain within a floodplain area shall be environmentally sound and not result in net loss of wildlife habitat.
b. 
All small-scale sand and gravel extraction activity shall be limited to locations and times of year that ensure no significant negative impacts to federally listed endangered species.
c. 
No small-scale sand and gravel extraction activity shall interrupt a wildlife corridor.
13. 
Protection of Historic and Archaeological Resources.
Any application for small-scale sand and gravel extraction activity shall submit an archaeological report conforming to the requirements of Section 7.16.3 (Protection of Historic and Archaeological Resources) of the SLDC.
14. 
Terrain Management.
Requirements of Section 7.17 (Terrain Management) of the SLDC shall be met.
a. 
Removal of Organic Materials.
Fill areas shall be properly prepared by removing organic materials, such as vegetation and rubbish, and any other material which is detrimental to the proper compaction of the site or not otherwise conducive to the stability of the site.
b. 
Site Vegetation Removal and Revegetation.
The removal of existing vegetation shall not occur more than 30 days prior to the commencement of grading; however, permanent revegetation shall be commenced as soon as practical after the completion of grading. Site specific native seed mixtures shall be used to revegetate all disturbed areas with the exception of lawn and landscaped areas if any. Mulching shall be used in order to assure vegetation growth.
c. 
Topsoil, Stripping, Stockpiling, and Redistribution.
The existing topsoil shall be stripped and stockpiled on-site for redistribution over the completed final grade.
d. 
Cut and Fill Slopes.
Cut and fill slopes shall be graded to a slope no steeper than 2:1, or 50%, to allow for permanent revegetation or landscaping unless a retaining wall is used or a steeper slope is approved by the County. The County may require the submission of a detailed engineering report and analysis prepared by a professional engineer or landscape architect relative to the safety of such cuts and fills, if necessary considering soil type, soil stability, and any proposed structures.
15. 
Sediment and Erosion Control.
Practices for sediment and erosion control shall be designed, constructed and maintained to mitigate further entry of sediment to streams, lakes, ponds, or any land outside the permit area. Where applicable, sediment and erosion control measures to prevent degradation of the environment shall be instituted and consist of utilization of proper reclamation methods and sediment control practices including, but not limited to:
a. 
grading material to reduce the rate and volume of runoff;
b. 
retaining sediment within the pit and disturbed area; and,
c. 
establishing temporary vegetation or mulch on short-term erosion, sedimentation or windblown dust.
16. 
Air Quality and Noise.
a. 
The requirements of Section 7.21 (Air Quality and Noise) of the SLDC shall be met; however, only a preliminary air quality report is required for submittal with the application. Once approved, a final air quality permit is required prior to commencement of any activity on the site.
b. 
Noise Study.
A noise study showing the projected noise from the specific equipment to be used is required to be submitted with the application. Such noise study shall provide a baseline of three consecutive weekdays representative of existing conditions.
c. 
Fugitive Dust Control.
Dust control is required for all active small-scale sand and gravel extraction activity.
i. 
The presence of fugitive dust at a small-scale sand and gravel extraction activity is attributable to earth moving, soil or surface disturbance, construction or demolition; movement of motorized vehicles on any paved or unpaved roadway or surface, right-of-way, lot or parking area; and the tracking out or transport of bulk material (i.e., sand, gravel, soil, aggregate, or any other inorganic or organic material capable of creating fugitive dust related to extraction activities) onto any paved or unpaved roadway in Santa Fe County.
ii. 
Fugitive dust consists of airborne particulate matter from a source, resulting in particulate matter emissions that can be detected by the human eye.
iii. 
Dust control measures include but are not limited to the use of wet suppression through manual or mechanical application; the use of fabric fencing material or equivalent that shall be a minimum of 24 inches in height and anchored 6 inches below the surface on the bottom edge installed around the perimeter of the disturbed surface area; the use of dump truck tarps; and the use of chemical dust suppressant applied in amounts, frequency, and rates recommended by the manufacturer.
iv. 
In no circumstances shall a small-scale sand and gravel extraction operator continue extraction activity during a high wind event.
v. 
All small-scale sand and gravel extraction activity shall incorporate an entry/exit apron, steel grates, or other equivalent devices capable of removing bulk material from the tires of vehicle traffic.
vi. 
An applicant for a small-scale sand and gravel extraction activity conditional use permit shall submit a fugitive dust control plan as part of the application. The fugitive dust plan must detail the control measures the operator intends to use to reduce the quantity of visible fugitive dust, transported material, temporary cessation of activity during a high wind event and track-out leaving the property or area under the control of the operator.
17. 
Setbacks.
The extraction activity shall comply with the following setbacks:
a. 
200 feet from all property lines;
b. 
200 feet from all public road rights-of-way, public recreational easements, and environmentally sensitive lands;
c. 
1,000 feet from any existing residential structure; and
d. 
Vegetation within the setbacks from the property boundary shall be preserved and supplemented, as necessary, for mitigation of negative impacts. Existing native vegetation on the entire operation site shall be preserved to the maximum extent possible
18. 
Protection From Trespassing.
The proposed use shall be fenced in accordance with the standards in Section 7.7 (Fences and walls) of the SLDC, for health and safety protection.
19. 
Height.
Any equipment used for small-scale sand and gravel extraction activity must meet the height standards for the zoning district in which it is located. Height shall be measured from existing grade prior to commencement of any grading activity on the site, and shall also conform to the height measurement requirements of Section 7.17.9.3.
20. 
Activities In or Near Water Bodies.
a. 
Uncontrolled/Natural Watercourses.
When working near uncontrolled, or naturally flowing, watercourses, the proposed activity shall be conducted in a manner that improves fisheries and waterfowl habitat. This requirement shall apply to any water body, which shall include: naturally occurring rivers, streams, ponds, lakes, seasonal streams and seasonal lakes.
b. 
Minimum Buffer.
A minimum 100-foot buffer of natural vegetation between the water’s edge and any small-scale sand and gravel extraction activity site is required.
c. 
No Negative Impact.
No extraction activity shall be permitted that is deemed by the County to have a negative impact on the water body or neighbors.
21. 
Solid Waste.
All small-scale sand and gravel extraction activity must comply with Section 7.20 (Solid Waste) of the SLDC.
22. 
Water Supply and Liquid Waste.
All small-scale sand and gravel extraction activity must comply with the requirements of Section 7.13 (Water Supply, Wastewater and Water Conservation) of the SLDC.
23. 
Phasing.
All phases shall be clearly staked prior to commencement of any activity on the property. The applicant must GPS all stakes and make them digitally available to the County upon request in GIS format based on the standard Santa Fe County GIS spatial reference.
a. 
Only one phase of the development shall be excavated at a time.
10.19.3.3 
Reclamation Plan, Bonding and Financial Guarantee.
A reclamation plan shall be provided that is designed and certified by a New Mexico registered professional engineer or landscape architect, and meets the reclamation standards specified below in Section 10.19.3.4. The plan shall restrict extraction activity to areas of workable size so that no area is left inactive and unreclaimed for more than 60 days, unless approved by the conditional use permit. The plan shall specify any phasing of reclamation and estimate the cost of the entire reclamation project. A financial guarantee shall be posted to implement the reclamation plan at 125% of expected cost of the reclamation. The reclamation plan does not replace a landscape plan that may be required for any subsequent development of the gravel processing and extraction site.
10.19.3.4 
Reclamation Standards.
The reclamation plan shall comply with the following standards:
1. 
General.
Reclamation shall restore land areas to a condition suitable for new land uses. Wildlife habitat shall be restored in a manner comparable or better, to the habitat conditions that existed prior to the small-scale sand and gravel activity. In general, all slopes shall be graded to 3:1 or flatter to promote revegetation.
2. 
Grading.
Disturbed areas shall be re-graded to blend into and conform to the general natural form and contours of the adjacent areas. In general, all slopes (cut or fill) shall be graded to 3:1 or flatter. Such methods must be approved as part of the reclamation plan.
3. 
Revegetation of all disturbed areas is required.
The reclamation plan shall describe the vegetation prior to any grading of the site and shall demonstrate how the site will be returned to its original, or better vegetated condition.
4. 
Small-scale sand and gravel extraction activity shall be allowed to progress so long as the disturbed areas within previous phases have been reclaimed within 6 months after the commencement of the new phase; provided that, the County will consider extensions due to weather conditions and taking into account seasonal changes. Reclamation shall commence within 30 days of the commencement of a new phase of extraction.
5. 
Prior to Approval of Reclamation Study.
In no case shall a location and time of excavation be approved that may have negative impacts on any state or federally designated endangered or threatened species, or critical habitat.
10.19.3.5 
Annual Operating Plan and Monitoring Report.
An annual operating plan and monitoring report, capable of audit, shall be prepared and submitted to the Land Use Administrator by January 31st each year. The report shall summarize the operations of the previous year including number of truck trips and sizes of trucks, the area mined, quantities mined in tonnage and cubic yards, the amount of area undergoing reclamation, and the success of reclamation including any notices of violation issued and their outcome.
10.19.3.6 
Existing small-scale sand and gravel extraction uses.
Any small-scale sand and gravel extraction activity existing prior to January 1, 1981 and having been in continuous operation, may continue operations and may expand up to 25% beyond the area currently and formerly mined on that parcel. Any small-scale sand and gravel extraction activity approved by the County prior to the adoption of this SLDC may continue operations in accordance with their final County approvals. Any new phase or further expansion proposed, not previously approved, shall comply with this SLDC.
(Ordinance 2016-9 adopted 12/13/16)
10.20.1 
Purpose and Intent.
It is the purpose of this Section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the negative secondary effects of sexually oriented businesses within the County, which include increased crime, neighborhood blight and reduced property values. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the U.S. Constitution or Article II, Section 17 of the New Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material. The provisions of this Section are intended to address the following issues:
10.20.1.1 
Sexually oriented businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the County;
10.20.1.2 
The concern over sexually transmitted diseases is a legitimate health concern of the County which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;
10.20.1.3 
Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation;
10.20.1.4 
There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a negative effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, potential for excessive noise, disorderly conduct, and the downgrading of property values;
10.20.1.5 
It is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to blight and downgrading the quality of life in the adjacent area;
10.20.1.6 
It is desirable to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; preserve the quality of life; preserve property values and the character of surrounding neighborhoods and deter the creation of blight;
10.20.1.7 
It is not the intent of this Section to suppress any speech activities protected by the First Amendment of the U.S. Constitution or Section 17 of the New Mexico Constitution, but to enact content neutral requirements in a Code which address the negative secondary effects of sexually oriented businesses; and
10.20.1.8 
Evidence exists concerning the adverse secondary effects of adult uses on the community presented to the Board, which relies on the authority established in cases such as City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S. Ct. 1382 (2000), City of Littleton v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004), Fantasyland, Video Inc., v. County of San Diego, 505 F.3d 996 (9th Cir. 2007), SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), Zibtluda LLC v. Gwinnett County Georgia Bd. of Commissioners, 411 F.3d 1278 (11th Cir. 2005), Abilene Retail #30, Inc. v. Bd. of Comm’rs of Dickinson County, 492 F.3d 1164 (10th cir. 2007), and further relies on studies commissioned by other communities including, but not limited to, Phoenix, Arizona (1979 & 1995-1998); Minneapolis, Minnesota (1980); St. Cloud, Minnesota (1994); Houston, Texas (1983 & 1997); Indianapolis, Indiana (1984), Amarillo, Texas (1977); Garden Grove, California (2001); Los Angeles, California (1977); Whittier, California (1978); Spokane, Washington (2001); Oklahoma County, Oklahoma (1986); Greensboro, North Carolina (2003); Beaumont, Texas (1994); Dallas, Texas (1997); Newport News Virginia (1996); Bellevue, Washington (1998); Seattle, Washington (1989); New York, New York (1994); and St. Croix County, Wisconsin (1993); and also the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota). This evidence justifies the limited and targeted regulation described in succeeding paragraphs.
10.20.2 
Classification.
Sexually oriented businesses consist of one or more of the following:
10.20.2.1 
Adult arcades;
10.20.2.2 
Adult bookstores, adult novelty stores, or adult video stores;
10.20.2.3 
Adult cabarets;
10.20.2.4 
Adult motels;
10.20.2.5 
Adult motion picture theaters;
10.20.2.6 
Adult theaters; and
10.20.2.7 
Semi-nude model studios.
10.20.3 
License Required.
10.20.3.1 
It is unlawful for any person to operate a sexually oriented business without holding a valid sexually oriented business license issued by the County pursuant to this Section.
10.20.3.2 
An application for a license shall be made on a form provided by the County. If made by an individual, it shall be signed by that person; if made by a corporation, it shall be signed by the president or vice-president; if made by a general or limited partnership, it shall be signed by a general partner; if made by a limited liability company, it shall be signed by the manager.
10.20.3.3 
The application shall be signed and notarized and shall include all information required in this Section, including the following:
1. 
The full true name and any other names used in the preceding five (5) years, current street address, and date of birth;
2. 
The current business address of the applicant, which shall be a street address and not a post office or other commercial mailbox address;
3. 
An original set of fingerprints of the signing applicant for conducting a criminal history background check pursuant to this Section;
4. 
The name, business location, business mailing address and phone number of the proposed sexually oriented business;
5. 
Written proof of age of the applicant, in the form of a copy of a birth certificate, a valid picture driver’s license, which will be photocopied by the Administrator, a valid passport or other picture identification issued by a governmental agency which will be photocopied by the Administrator;
6. 
A disclosure and listing of all prior and [sic] licenses or permits held by the applicant relating to a sexually oriented business, including their effective dates, the name and address of the government entity that issued them, and whether any such license or permit has been denied, revoked or suspended, or their business determined to be a public nuisance, and if so, the reason or reasons given.
7. 
If the application for a sexually oriented business license is by a domestic or foreign business entity, the name and address of the registered agent or other agent, if any, authorized to receive service of process.
10.20.3.4 
Information provided pursuant to licensing shall be supplemented in writing by certified mail, return receipt requested, or in-hand delivery to the Administrator within (30) thirty working days of any change of circumstances that would render the information previously submitted false, incomplete or misleading. This shall be a continuing duty and failure to timely supplement the information provided shall be grounds for suspension or revocation of this license. An applicant whose fingerprint-based background check discloses any history of Specified Criminal Activity listed in the definition section of Appendix A, shall be responsible for providing documentary proof to the Administrator of the disposition of those cases disclosed.
10.20.3.5 
If an omission or error is discovered by the Administrator or the applicant has improperly completed the application, the application will be returned to the applicant who shall be afforded (21) twenty-one calendar days to correct it. During the period in which the applicant is given to correct the application, the time period for granting or denying the license shall be stayed until a corrected application is submitted. No additional fee will imposed upon the applicant.
10.20.3.6 
The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
10.20.3.7 
A person who possesses a valid business license from the County is not exempt from the requirement of obtaining a sexually oriented business license if seeking to operate such a business.
10.20.3.8 
If the applicant discloses the holding, suspension or revocation of a sexually oriented business license from a government entity other than the County, the Administrator shall have the right to request true and complete copies of any such licenses or rejections thereto together with any related documents. Applicant shall provide copies of the requested document within (10) ten calendar days of the request.
10.20.4 
Approval or Denial of a License.
10.20.4.1 
Within twenty (20) business days of the filing of a completed application for a sexually oriented business license, the Administrator shall issue the license to the applicant unless one or more of the following is determined to be true:
1. 
The applicant is less than eighteen (18) years of age.
2. 
The applicant is delinquent in the payment to the County of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
3. 
The applicant has failed to provide any of the information or documents required by this Section for the issuance of the license.
4. 
The applicant has been convicted of a Specified Criminal Activity. The fact that an appeal is pending on a conviction for a Specified Criminal Activity at the time of application shall not negate the effect of that conviction in disqualifying the applicant. A person whose conviction for Specified Criminal Activity has been reversed on appeal by the time of application, or while the application is being considered is brought to the attention of the Administrator, shall not be considered to be someone with a conviction. A conviction shall include a finding of guilty after a trial, a guilty plea, a plea of nolo contendere, or any disposition entered by a trial court recognized as a conviction by the laws and appellate court decisions of New Mexico.
5. 
The required license application fee has not been paid.
6. 
The applicant has made a false or misleading statement on the application or provided false or misleading information or documentation in connection with the application.
7. 
The proposed sexually oriented business is in a zoning district other than a district in which sexually oriented businesses are allowed to operate, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).
8. 
The applicant has had a sexually oriented business license revoked or suspended anywhere in the country within one year prior to the application, or has had a sexually oriented business license determined to be a public nuisance under any state law or county or municipal ordinance within one year prior to the application.
10.20.4.2 
An applicant that is ineligible for a license due to a Section 10.20.4.1.4 conviction may qualify for a sexually oriented business license only after five (5) years have elapsed since the date of the conviction or since the date of completion of the terms and conditions of parole or probation, whichever is later. An applicant with a conviction or claiming completion of the terms and conditions of parole or probation shall provide documentary proof of same to the Administrator as part of his/her application.
10.20.4.3 
The license, if granted, shall state on its face the name of the person or business entity to whom it is granted, the number of the license issued to that applicant, the expiration date, and that the license is for a sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
10.20.5 
Fees.
The initial application fee and annual renewal fee for a sexually oriented business license shall be set by the Board and due at the time of filing of the initial or renewal application. Either fee is nonrefundable.
10.20.6 
Expiration of License.
10.20.6.1 
Each license shall expire one (1) year from the date of issuance and may be renewed by paying the required renewal fee and filing a renewal application not less than forty-five (45) calendar days before the expiration date, and when made less than forty-five (45) calendar days before the expiration date, the expiration of the license will not be affected so long as the application is filed prior to its expiration. Because a sexually oriented business shall be prohibited from operating if its license expires while awaiting a determination on it renewal application, early filing is encouraged. The Administrator shall approve, approve with conditions or deny renewal of the license within twenty (20) business days.
10.20.6.2 
When the County denies renewal of a license, the applicant shall not be permitted to reapply for one (1) year from the date of denial. If, subsequent to the denial, the Administrator finds that the basis for denial of the license has been corrected, abated or was minor, the applicant shall be granted a renewal license. Any denial of renewal of a license is, in any event, appealable pursuant to Section 10.20.12 herein.
10.20.7 
Manager and Employee Requirements.
10.20.7.1 
Unless operated by the licensee who shall be at least 21 years of age, a sexually oriented business shall be operated by one or more registered managers who is at least 21 years of age and who shall be on the premises of the business at all times when open to the public. At all times while on duty on the premises of the business, a manager shall wear a badge indicating his/her status as a manager. No person other than a licensee of at least 21 years of age shall operate a sexually oriented business without first submitting a completed registration form with the Administrator. The registration form shall require the applicant to provide his/her legal name including any aliases, home address (other than a post office box), telephone number, date of birth after showing proof of age with a government-issued picture identification card, and signed certification that he/she has not been convicted of a Specified Criminal Activity listed in Appendix A within a five (5) year period prior to the date of filing the registration.
10.20.7.2 
A manager of a sexually oriented business shall possess a copy of his/her registration at all times while on duty. While it need not be on his/her person at all times, it shall be physically available on the premises if requested during inspections.
10.20.7.3 
The Administrator can deny or revoke a manager registration by written letter if an applicant for registration fails or refuses to provide a completed registration form, refuses to sign the form, provides false or misleading information on the form, discloses a conviction for a Specified Criminal Activity, or is convicted of a Specified Criminal Activity after issuance of the manager registration.
10.20.7.4 
Licensee shall not employ or permit the employment of any person under the age of 18 at the licensed establishment; nor shall any person convicted of a Specified Criminal Activity listed in Appendix A within a five (5) year period prior to the date of hiring be employed. It shall be the responsibility of the licensee to verify the age and criminal history of each potential and active employee, including any performer on the premises.
10.20.8 
Transfer/Change and Display of License.
10.20.8.1 
A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
10.20.8.2 
Licensee shall report to the Administrator within ten (10) business days any formal change in name of the sexually oriented business or any change in name of the business entity. Once reported, an amended license will be issued which issuance shall not change the duration of the license.
10.20.8.3 
A sexually oriented business license shall be prominently displayed in a common area on the premises and visible to the public at all times it is open to the public.
10.20.9 
Location of Sexually Oriented Businesses.
No sexually oriented business shall be located:
10.20.9.1 
Within one thousand (1,000) feet of a church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
10.20.9.2 
Within one thousand (1,000) feet of a public or private educational facility including, but not limited to, child day care facilities, preschools, state-approved pre-kindergarten facility, kindergartens, elementary schools, public or private schools of any grade or specialty, vocational schools, charter schools, continuation schools, colleges and universities; school includes school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
10.20.9.3 
Within one thousand (1,000) feet of a boundary of a residential zoning district;
10.20.9.4 
Within one thousand (1,000) feet of a public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, or other similar public land within the County which is under the control operation, or management of the County park and recreation authorities;
10.20.9.5 
Within one thousand (1,000) feet of the property line of a residential use lot;
10.20.9.6 
Within one thousand (1,000) feet of an entertainment business which is oriented primarily towards children or family entertainment; or
10.20.9.7 
Within one thousand (1,000) feet of any business selling alcoholic beverages.
10.20.9.8 
Within one hundred (100) feet of another sexually oriented business.
10.20.10 
Performance and Operational Standards.
The following performance and operational standards shall apply to those who operate, are performers at or employees of a sexually oriented business:
10.20.10.1 
No sexually oriented business shall open for business or permit patrons on its premises from one o’clock a.m. (1:00 a.m.) until eight o’clock a.m. (8:00 a.m.) Mondays through Saturdays, and from one o’clock a.m. (1:00 a.m.) until twelve o’clock noon (12:00 p.m.) on Sundays.
10.20.10.2 
No employee or performer mingling with patrons or serving food or beverages shall be unclothed or in such attire, costume or clothing as to expose to view the male or female genitals, pubic hair, anus, or female breast with less than a fully opaque covering of any part of the nipple.
10.20.10.3 
No employee or performer shall encourage or knowingly permit any person while inside or outside of the premises of a sexually oriented business [to] touch, caress or fondle the breasts, buttocks, anus or genitals of any patron or employee.
10.20.10.4 
No employee or performer shall wear or use any device or clothing that simulates a nude female breast, male or female genitals, an anus or pubic hair.
10.20.10.5 
No nude or semi-nude performer shall perform, simulate or use any objects to simulate or perform any obscene acts such as acts of sexual intercourse, masturbation, oral sex or sodomy.
10.20.10.6 
A list of food, beverages and their prices shall be conspicuously displayed at least once in every area of the premises where they are permitted by the business to be consumed.
10.20.10.7 
No alcoholic beverages may be sold or consumed on the premises of a sexually oriented business.
10.20.10.8 
Any tips for performers shall be placed by a patron in a tip box and no tip may be handed directly to a performer or inserted into the clothing of a performer.
10.20.10.9 
A sexually oriented business that permits tipping shall use a tip box or tip boxes and shall have a sign conspicuously placed in at least two common areas inside of the premises that provides in at least one inch (1") high capital letters: SANTA FE COUNTY ORDINANCE REQUIRES THAT ANY TIPS MUST BE PLACED IN A TIP BOX AND NOT HANDED DIRECTLY TO A PERFORMER OR STUCK IN THE PERFORMER’S CLOTHING. ANY PHYSICAL CONTACT BETWEEN A CUSTOMER AND A PERFORMER IS PROHIBITED.
10.20.10.10 
No employee or performer who dances or provides any other form of expressive performance for view by patrons shall be totally nude, semi-nude or clothed in such attire, costume or clothing so as to expose any portion of the male or female genitals, pubic hair, the anus, or the female nipple. All dances or performances for patrons shall take place only on a stage at least eighteen inches (18") above the immediate floor level.
10.20.10.11 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain visual surveillance or reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which a patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this Section shall be by direct line of sight from the manager’s station. It shall be the duty of the licensee to ensure that the required view area remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks, or other materials.
10.20.10.12 
No viewing room or booth may be occupied by more than one (1) person at any time.
10.20.10.13 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than two (2) footcandles as measured at the floor level, and except for an adult motion picture theater, illumination shall be turned on and left on at all times that any patron is present.
10.20.10.14 
To prevent patrons, performers and employees from having physical contact, no licensee shall allow openings of any kind to exist or be made in the walls between viewing rooms or booths. The licensee shall at least daily inspect the walls or partitions between viewing booths and promptly correct any openings or holes.
10.20.10.15 
The licensee shall cause all wall surfaces, floor coverings and viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
10.20.10.16 
No adult entertainment occurring inside the premises of a sexually oriented business shall be visible at any time from outside of the premises.
10.20.11 
Suspension or Revocation of License.
The Administrator may suspend a sexually oriented business license for a definite period not to exceed twelve (12) months, or revoke that license permanently, if he/she determines that:
10.20.11.1 
Licensee or an employee of a licensee has violated or is not in compliance with any portion of Section 10.20.
10.20.11.2 
Licensee or an employee of a licensee has permitted or been unable to prevent repeated instances of disorderly conduct anywhere on the premises of the Sexually Oriented Business which tend to disturb the peace.
10.20.11.3 
Licensee or an employee of a licensee has offered for sale, permitted the offering for sale, or sold or permitted the sale or use, of any liquor or controlled substances anywhere on the premises of the sexually oriented business.
10.20.11.4 
Neither licensee nor a registered manager is physically present at the licensed premises at all times the sexually oriented business is open to the public.
10.20.11.5 
Adult entertainment permitted by the license was offered at the licensed establishment during hours prohibited by section 10.20.10.1 of the Code.
10.20.11.6 
The licensee, manager or an employee has permitted or failed to prevent patrons from engaging in public displays of indecency in violation of state law or Section 10.20.13 of this Code; or has permitted or failed to prevent patrons or employees from engaging in acts of prostitution or negotiations for acts of prostitution whether inside or outside of the licensed establishment.
10.20.11.7 
The licensee made a false or misleading statement or provided false or misleading information in connection with licensee’s application for an initial or renewed license.
10.20.11.8 
The licensee or manager is discovered to be under the age of 21, an employee is discovered to be under the age of 18, or a licensee or manager hired or permitted someone under the age of 18 to work or perform at the licensed premises.
10.20.11.9 
The business entity of a licensee is no longer in good standing or authorized to do business in this state.
10.20.11.10 
The licensee is delinquent in the payment to the County or state of any taxes or tax penalties.
10.20.11.11 
The licensee or manager has knowingly permitted or failed to prevent any act of sexual intercourse, sodomy, oral sex or masturbation to occur whether inside or outside of the licensed establishment's premises.
10.20.11.12 
The licensee, manager or an employee is convicted of a Specified Criminal Act. The fact that a conviction is being appealed shall have no effect on the suspension or revocation of the license. However, if such conviction has been reversed on appeal by the time of the application or while the application is being considered which is brought to the attention of the Administrator or Hearing Officer, the license will be reinstated, the appeal dismissed, and both sides will be responsible for only their own legal fees including any costs. As used herein, “conviction” shall include a finding of guilty after a trial, a guilty plea, a plea of nolo contendere, or any disposition entered by a trial court recognized as a conviction by the laws and appellate court decisions of New Mexico.
10.20.11.13 
The licensee, manager or an employee refused to allow an inspection of the sexually oriented business premises as authorized by this Code.
10.20.12 
Appeal; Hearing; License/Application Denial, Suspension, Revocation.
10.20.12.1 
If the Administrator determines that facts exist for denial, suspension, revocation or nonrenewal of a license under this Code, the Administrator shall notify the applicant/licensee in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. Such notice of intent shall be issued within twenty (20) business days of the Administrator’s receipt of a completed application for an initial or renewed license or within one (1) year of discovery of the grounds of revocation or suspension. The notification shall be directed to the most recent business address appearing on the application.
10.20.12.2 
Within ten (10) working days of receipt of such notice, the applicant/licensee may file a written appeal with the Administrator on the denial, suspension, revocation or nonrenewal of the application/license; applicant/licensee may include a statement of reasons why the application/license should not be denied, suspended, revoked or nonrenewed. Within five (5) working days of receipt of applicant’s/licensee’s written appeal, the Administrator or a Hearing Officer shall notify the appealing party in writing of the place, date and time of hearing, which shall be held within thirty (30) calendar days. This and all other timelines in Section 10.20.12 can be waived if agreed to by the appellant and the Administrator in writing. Prior to the hearing, both sides shall provide copies of all documents they relied on and intend to introduce as evidence at the hearing as well as a list of witnesses they intend to call during the hearing. Such evidence and witness list shall be shared by the parties no later than seven (7) calendar days before the hearing. No other discovery shall be permitted. Upon request, the Hearing Officer may consider appropriate sanctions if either side fails or refuses to timely provide the other side with copies of documents or a witness list as required by this Section.
10.20.12.3 
At the hearing, both the appellant and the Administrator shall have the right to present documentary evidence and witnesses. The Administrator shall proceed first and has the burden of proof which shall be by a preponderance of the evidence. Both sides may cross-examine the witnesses called by the other side. After the Administrator has rested and appellant has provided its defense and rested, both sides shall be given an opportunity to present a closing argument with the Administrator going first, followed by the appellant, and a rebuttal permitted by the Administrator.
10.20.12.4 
The technical rules of evidence shall not apply, but in ruling on the admissibility of evidence, the Hearing Officer may require reasonable substantiation of statements or records tendered where the accuracy or truth of which is in reasonable doubt.
10.20.12.5 
Irrelevant, immaterial, unreliable, unduly repetitious or cumulative evidence, and evidence protected by the rules of privilege (such as attorney-client, physician-patient or special privilege) shall be excluded by the Hearing Officer upon timely objection.
10.20.12.6 
Witnesses shall be sworn and the hearing recorded, and either party may, at their own expense, make arrangements to have the hearing transcribed by a certified court reporter.
10.20.12.7 
The Hearing Officer shall issue a written recommended decision to the parties and the Board of County Commissioners within ten (10) business days of the hearing on the issues raised by the appeal. The recommended decision shall include written findings of fact, conclusions of law and a proposed decision. The Administrator and applicant/licensee can settle a matter at any time prior to the Hearing Officer’s issuance of a recommended decision. The Administrator shall cause the recommended decision to be placed on the agenda of the Board at its next available meeting so long as its placement complies with the notice requirements of the Open Meetings Act.
10.20.12.8 
The Board shall issue a final decision that accepts or rejects the findings, conclusions or recommended decision of the Hearing Officer. If the Board rejects or deviates from the recommended decision of the Hearing Officer, its final decision shall be supported by a preponderance of the evidence after conducting an independent review of the recording or transcript of the hearing together with all documents introduced. No further testimony or evidence shall be presented to the Board by anyone during this proceeding. Any final decision by the Board shall include a statement advising the applicant/licensee of the right to appeal a final decision to a court of competent jurisdiction. If the Board determines that no grounds exist for denial, suspension or revocation of a license/application, then the Administrator shall promptly issue the initial or renewed license as the case may be.
10.20.12.9 
Upon a licensee’s/applicant’s filing of any court action to appeal, challenge, restrain, or otherwise enjoin the County’s enforcement of the denial, suspension, or revocation, the Administrator shall immediately issue the aggrieved party a Provisional License. The Provisional License shall allow the aggrieved party to continue operation of the sexually oriented business and will expire upon the court’s entry of a judgment on the aggrieved party’s court action.
10.20.12.10 
Only a final written determination of the Administrator to deny, suspend, revoke or non-renew a license or application may be appealed for hearing before a Hearing Officer.
10.20.13 
Criminal Penalties Related to Nudity and the Presence of Minors.
It shall be a misdemeanor subject to imposition of a fine of up to three hundred dollars ($300.00) against a person for each separate violation of the following:
10.20.13.1 
Knowingly and intentionally appearing in a state of nudity or engaging in Specified Sexual Activities at a sexually oriented business; or for an employee or licensee to knowingly and intentionally permitting [permit] such conduct from a patron.
10.20.13.2 
Knowingly and intentionally appearing in a semi-nude condition in a sexually oriented business, unless the person is an employee who, while semi-nude, shall be at least six (6) feet from any patron or customer and on a stage at least two (2) feet from the floor.
10.20.13.3 
For an employee, while semi-nude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is semi-nude in a sexually oriented business.
10.20.13.4 
For an employee on the premises of a sexually oriented business, while semi-nude, to knowingly and intentionally touching [touch] a customer or the clothing of a customer.
10.20.13.5 
Knowingly and intentionally allowing a person under the age of eighteen (18) years on the premises of a sexually oriented business whether as an employee or a patron.
10.20.14 
Exemptions.
It is a defense to prosecution under Section 10.20.13 that a person appearing in a state of nudity did so in a modeling class operated:
10.20.14.1 
By a proprietary school licensed by the State of New Mexico Higher Education Department (“HED”); or
10.20.14.2 
By any post-secondary educational institution or regionally accredited college or university within the oversight of, or requiring registration by, the HED.
(Ordinance 2016-9 adopted 12/13/16)
10.21.1 
Parking.
Multifamily development shall provide the following minimum off-street parking spaces:
10.21.1.1 
One (1) space for units with one-bedroom or efficiency apartments,
10.21.1.2 
One and a half (1-1/2) spaces for units with two bedrooms,
10.21.1.3 
Two (2) spaces for units with 3 or more bedrooms.
10.21.2 
Units.
There shall be no more than 12 units per building.
10.21.3 
Egress.
Units shall have a means of egress separate from the commercial use. No access to the units shall be through a commercial establishment.
(Ordinance 2016-9 adopted 12/13/16)
10.22.1 
In addition to the applicable authority set forth elsewhere in the SLDC and State law, the zoning and other regulations in this section are enacted pursuant to the County's authority in Section 12 of the Cannabis Regulation Act, Laws 2021 (1st S.S.), Chapter 4, and NMSA 1978, §§ 24-16-2 (1985) and 24-16-20 (2007).
10.22.2 
The Board makes the following findings with regard to cannabis:
10.22.2.1 
Cannabis establishments and cannabis consumption areas are uses not specifically enumerated in the Use Tables and Use Matrix in Appendix B[1] of the SLDC.
[1]
Editor's note—Appendix B is included as an attachment to this exhibit.
10.22.2.2 
The SLDC, however, previously established comprehensive zoning for certain cannabis-related uses authorized by the Lynn and Erin Compassionate Use Act, NMSA 1978, Chapter 26, Article 2B.
10.22.2.3 
The Cannabis Regulation Act has authorized a variety of uses related to the legalization of commercial cannabis activities, which legalization has the potential to greatly expand the legal cannabis market.
10.22.2.4 
Cannabis cultivation, production, and manufacturing creates strong odors, can involve the use of significant amounts of energy and water, and requires security and other measures to reduce the risk of theft or other diversion to the illegal cannabis market, including possession and use by persons under the age of twenty-one.
10.22.2.5 
Cannabis is an intoxicating drug, making it appropriate to regulate the hours during which cannabis products may be sold and the areas in which cannabis products may be consumed.
10.22.2.6 
The smoking of cannabis products may create health risks due to exposure to secondhand smoke and vaporized cannabis concentrates.
10.22.2.7 
Density limits are necessary to ensure that cannabis retailers and consumption areas are not unduly concentrated and do not crowd out other nonresidential uses.
10.22.2.8 
The Board has determined that cannabis establishments and cannabis consumption areas should be allowed in those Zoning Districts where similar uses are allowed, such similarity determined by the Board in an exercise of legislative discretion based upon, among other factors, off-site impacts, compatibility, and the need for services.
10.22.3 
For purposes of any Use Table in the SLDC and the Use Matrix in Appendix B[2] and subject to the density and setback requirements in Sections 10.22.4 and 10.22.5:
10.22.3.1 
Cannabis testing laboratories and cannabis research laboratories shall be treated the same as the following uses: Research and Development Services (scientific, medical, and technology).
10.22.3.2 
Cannabis manufacturers shall be treated the same as the following uses: Food, Textiles, and Related Products.
10.22.3.3 
A cannabis producer or cannabis producer microbusiness that cultivates cannabis plants indoors shall be treated the same as the following use: Commercial Greenhouse.
10.22.3.4 
A cannabis producer or cannabis producer microbusiness that cultivates cannabis plants outdoors shall be:
1. 
A permitted use in all Agriculture/Ranching and Rural zoning districts; and
2. 
A conditional use in all Rural Fringe, Rural Residential, Residential Fringe, and Traditional Community zoning districts.
10.22.3.5 
A cannabis retailer shall be treated the same as the following use: Store or Shop.
10.22.3.6 
Cannabis consumption areas are subject to the following:
1. 
A cannabis consumption area in which consumption is limited to consumption by qualified patients or reciprocal participants may be located inside any cannabis retailer; provided, however, that smoking of cannabis products in such consumption areas is only allowed if the cannabis consumption area occupies a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16.
2. 
Cannabis consumption areas that allow consumption by consumers shall be treated the same as the following uses: Bars, taverns and nightclubs. Cannabis consumption areas that are open to consumers are also subject to the following:
a. 
The smoking of cannabis products is not allowed outdoors;
b. 
The smoking of cannabis products is only allowed within a licensed cannabis consumption area that occupies a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16; and
c. 
Access to cannabis consumption areas open to consumers is restricted to persons twenty-one years of age and older.
10.22.3.7 
Cannabis couriers fall within the following use: Courier and messenger service facilities.
10.22.3.8 
Vertically integrated cannabis establishments and integrated cannabis microbusinesses may only be located in a Zoning District in which each of the authorized activities proposed for the licensed premises is an allowed use, whether as a permitted use or pursuant to an approved Conditional Use Permit. For example:
1. 
A vertically integrated cannabis establishment that is a cannabis manufacturer, cannabis producer that cultivates cannabis plants outdoors, and a cannabis retailer could not be located at a single licensed premises within an Industrial Light Zoning District, since the outdoor cultivation of cannabis plants is not allowed in the Industrial Light Zoning District.
2. 
An integrated cannabis microbusiness that is a cannabis manufacturer and a cannabis producer that cultivates cannabis plants outdoors would require conditional use permits for those uses to be located at a single licensed premises within the Rural Fringe Zoning District.
[2]
Editor's note—Appendix B is included as an attachment to this exhibit.
10.22.4 
No cannabis establishment, cannabis consumption area, or cannabis courier may be located within 300 feet of a school or daycare center in existence at the time a license was sought for the cannabis establishment, cannabis consumption area, or cannabis courier. For purpose of this section, all measurements for the purpose of determining the location of a cannabis establishment, cannabis consumption area, or cannabis courier in relation to schools or daycare centers shall be the shortest direct line measurement between the actual limits of the real property of the school or daycare center and the actual limits of the real property of the proposed cannabis establishment, cannabis consumption area, or cannabis courier.
10.22.5 
Cannabis retailers and cannabis consumption areas may not be located within 200 feet of another cannabis retailer or cannabis consumption area. For purpose of this section, all measurements taken in order to determine the location of a cannabis retailer or cannabis consumption area in relation to another cannabis retailer or cannabis consumption area shall be the shortest direct line measurement between the actual limits of the licensed premises of the existing cannabis retailer or cannabis consumption area and the actual limits of the proposed licensed premises of the proposed cannabis retailer or cannabis consumption area.
10.22.6 
Unless further restricted in a Conditional Use Permit, cannabis retailers and cannabis consumption areas may only operate during the following hours:
10.22.6.1 
Cannabis products may only be served and consumed in cannabis consumption areas between the hours of 7:00 a.m. and 2:00 a.m. the following day.
10.22.6.2 
Cannabis retailers may only sell cannabis products for off-site consumption between the hours of 7:00 a.m. and midnight.
10.22.7 
Cannabis producers that cultivate cannabis plants indoors and cannabis manufacturers must use industry standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.
10.22.8 
Cannabis cultivation and production for personal use in quantities and as permitted by the Cannabis Regulation Act and Lynn and Erin Compassionate Use Act is allowed anywhere in the County.
10.22.9 
Applicability of Other Laws.
10.22.9.1 
All cannabis uses are subject to all other applicable sections of the SLDC and other County ordinances.
10.22.9.2 
Any person engaged in commercial cannabis activities and activities under the medical cannabis program other than personal production and use must obtain a County business license.
10.22.10 
Nothing in this Section shall preclude different cannabis regulations from being adopted for Community District Overlays in ordinances adopted after the effective date of Ordinance No. 2021-03.
(Ordinance 2021-03 adopted 7/30/2021)
10.23.1 
Applicability.
This Section shall apply to all automotive paint and body businesses.
10.23.2 
Standards.
Automotive paint and body businesses shall meet design standards within this SLDC in addition to the following standards:
10.23.2.1 
All automotive paint and body work shall be conducted within an insulated building with appropriate air filters to minimize both noise and odors;
10.23.2.2 
Stored vehicles shall be located behind a six-foot-high solid wall or fence;
10.23.2.3 
Structures related to a paint and body business shall be set back a minimum of 75 feet from residential property boundaries.
(Ordinance 2016-9 adopted 12/13/16)
10.24.1 
Applicability.
This Section shall apply to all tap rooms or tasting rooms.
10.24.2 
Standards.
Tap rooms or tasting rooms shall meet design standards within this SLDC in addition to the following standards:
10.24.2.1 
Tap rooms and tasting rooms may conduct tastings of and sell (i) wine and beer or (ii) spirituous liquors for onsite consumption and in unbroken packages for consumption off premises, but not for resale.
10.24.2.2 
Hours of operation shall be between the hours of 10:00 a.m. and 9:00 p.m. within a residential zone.
10.24.2.3 
The operator of the tap room and tasting room must hold a valid Craft Distiller’s License, Winegrower’s License, or Small Brewer’s License issued by the State of New Mexico pursuant to NMSA 1978, §§ 60-6A-6.1, 60-6A-11, or 60-6A-26.1, respectively, as such may be amended or recompiled from time to time.
10.24.2.4 
Sales at and operations of the tap room or tasting room shall otherwise be in accordance with applicable law, including but not limited to, NMSA 1978, §§ 60-6A-6.1, 60-6A-11, or 60-6A-26.1, as such may be amended or recompiled from time to time.
(Ordinance 2016-9 adopted 12/13/16)
10.25.1 
Purpose and Findings.
The purpose of regulating community solar is to facilitate the development of renewable resources to serve the County's constituents and to meet the goals of the Sustainable Growth Management Plan. The County aims to accommodate the needs of community solar development and to only require the minimum standards to attempt to minimize the adverse effects on neighboring properties.
10.25.2 
Applicability.
Community solar projects are considered a permitted use in all zoning Districts.
10.25.3 
Standards.
1. 
Buffering and screening is not required for ground mounted facilities. If fencing is proposed for security purposes, agricultural fencing with six (6) inch knots for wildlife is recommended.
2. 
External access roads for ground mounted facilities may reduce the road easement width for off-site and on-site driveways to no less than twenty (20) feet if adequate drainage control is provided and may allow the surface to be hardpacked dirt with compaction of 95% of the maximum density. If the access road adjoins a paved road, an asphalt or concrete apron of ten (10) feet in width will be required to protect the pavement.
3. 
On-site driveways for ground-mounted facilities may reduce standards as identified in Section 7.11.12.2 (additional standards for residential driveways), as access will be minimal for this type of development.
4. 
Disturbed area shall be reseeded with drought tolerant native plant species for pollinator friendly habitat. Weeds and plant materials shall be properly managed to reduce fire risks.
5. 
Utility lines shall comply with Section 7.12 of the SLDC. The connection between the community solar facility and the electric utility infrastructure shall be considered a local distribution facility.
6. 
A five (5) foot setback is required on all sides of a community solar facility that is twenty (20) feet in height or less. A community solar facility that is over twenty (20) feet in height shall meet the setback requirements of the zoning district in which the facility is located.
7. 
Community solar facilities located on a non-residential or multifamily rooftop shall be allowed to be eight (8) feet higher than the building on the rooftop of which the community solar facilities are located but in no event more than eight feet (8') above the height limit otherwise imposed on structures in that zoning district. Rooftop community solar facilities shall be set back five (5) feet from the sides of the building.
8. 
State approval shall be submitted prior to development permit issuance.
9. 
Community solar facilities shall be set back three hundred (300) feet from rivers, streams, wetlands and all riparian areas.
10. 
Decommissioning:
a. 
The owner/operator shall, at its expense, complete decommissioning of the community solar facility within twelve (12) months after the end of the useful life of the facility. Decommissioning must occur in the event the facility is not generating electricity for twelve (12) consecutive months.
b. 
Decommissioning shall include removal of all solar panels, structures, cabling, electrical components, roads, and foundations to a depth of thirty-six (36) inches, as well as any other associated facilities/equipment with satisfactory disposal and recycling of equipment. Disturbed earth shall be graded and reseeded with drought-tolerant native plant species.
c. 
An independent and New Mexico state certified professional engineer shall be retained to estimate the total cost of decommissioning ("Decommissioning Costs") without regard to salvage value of the equipment, and the cost of decommissioning net of salvage value of the equipment ("Net Decommissioning Costs"). Said estimates shall be submitted to the County after the first year of operation and every fifth year thereafter.
d. 
The owner/operator shall provide assurances that financial resources will be available to fully decommission the site.
e. 
The owner/operator is required to post a bond, letter of credit, or the establishment of an escrow account to ensure proper decommissioning.
(Ordinance 2022-05 adopted 7/12/2022)