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PROPOSED PHSZD ORDINANCE AMENDMENT

Paradise Hills Special Zoning District Comprehensive Zoning Ordinance amendments are required from time to time due to changes in state or federal laws, Bernalillo County regulations, changes in the Bernalillo County Comprehensive Plan, or changes in other public policy. The Paradise Hills Special Zoning District Commission proposes updates to the Paradise Hills Special Zoning District Comprehensive Zoning Ordinance, edited in 2009.
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Some proposed amendments originate from multiple requests from our neighbors because our areas of our current Ordinance are confusing or too general for swift enforcement (District Court or law enforcement) . Some Ordinance regulations are not preserving property values, community safety, or quality of life.
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All proposed amendments will be open for public comments and decided by a Commission vote at an advertised public meeting with a quorum of commissioners present in the next thirty days. Please give the Commission your input and comments by sending them to contact@paradisehillsspecialzoning.org

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The Paradise Hills Special Zoning District Commission will publish Zoom Meeting Links for all Public Meetings and Agenda on the Paradise Hills Special Zoning District website. The Commissioners welcome comments and our neighbors to attend all scheduled meetings via Zoom Links or an in-person meeting on September 26, 2023.

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The updates will publish on September 20, 2023 through September 24, 2023. Neighbors can view the annotated changes (Sections 1 through 22) and leave comments or questions for the record through Tuesday, October 3, 2023. The Commission will hear public comments on the Ordinance at the regular Second Tuesday Public Meeting via Zoom on October 3, 2023. The Final Version of the Paradise Hills Special Zoning District Comprehensive Ordinance 2023 will publish on Tuesday, October 10, 2023. The PHSZD Commission Legislative Hearing to vote on the proposed amendments is currently scheduled for October 24, 2023. Agendas, dates, and automatic comment links are on Paradise Hills Special Zoning. Website. https://www.paradisehillsspecialzoning.org/

 

OPT IN The Commission is collecting signatures to opt into notifications by email for zoning issues.

MAILING ADDRESS: P.O. Box 66791Albuquerque, NM 87193, PHONE (505) 407 4381 (Voicemail to Email) EMAIL: contact@paradisehillsspecialzoning.org

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Ask to speak at the public meeting by pushing the button below.

PROPOSED ORDINANCE AMENDMENT SUMMARY

THE COMMISSION REVISED ORDINANCE NUMBERS  IN AN OUTLINE NUMBER SYSTEM FOR QUICKER REFERENCE. EDITORIAL AND GRAMMATICAL CORRECTIONS ARE NOT INCLUDED AS SEPARATE AMENDMENTS BECAUSE THE ORDINANCE REQUIREMENTS ARE UNCHANGED. NEW SECTIONS ARE GIVEN NEW NUMBERS. 

 

SECTION 16 IN THE 2009 VERSION CONTAINED ADDITIONAL HEIGHT AND AREA REGULATIONS NOW INTEGRATED INTO THE VARIOUS ZONE SECTIONS. SECTION 16 NOW DESCRIBES SPECIAL ZONING BASED ON PREVIOUSLY UNDEFINED USES WITHIN EXISTING ZONES, SUCH AS SHORT-TERM RENTAL UNITS AND SWIMMING POOLS AND SPAS.
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PORTIONS OF THE APPROVED ADMINISTRATIVE SECTION MOVED TO THE APPENDIX, COMMISSION POLICIES.

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THE COMMISSION REVISED ORDINANCE NUMBERS  IN AN OUTLINE NUMBER SYSTEM FOR QUICKER REFERENCE.

 

EDITORIAL AND GRAMMATICAL CORRECTIONS ARE NOT INCLUDED AS SEPARATE AMENDMENTS BECAUSE THE ORDINANCE REQUIREMENTS ARE UNCHANGED. ADDED SECTIONS ARE GIVEN NEW NUMBERS.

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BELOW IS A SUMMARY OF THE NEW CANNABIS ORDINANCES. STATE LAW REQUIRED A CANNABIS ORDINANCE BE ADOPTED AND APPROVED IN 2022 BY EVERY ZONING JURISDICTION. STATE LAW ALSO LIMITED THE RESTRICTIONS ALLOWED BY ORDINANCE. THE NEW PHSZD CANNABIS ORDINANCE IS SIMILAR TO THE BERNALILLO COUNTY ORDINANCE. IT WAS APPROVED IN 2022 AS WAS THE ADMINISTRATIVE SECTION. 

 

 

SECTION C1 CANNABIS ORDINANCE SUMMARY

 

State Law approves cannabis uses and businesses and requires local jurisdictions to adopt conforming ordinances. Because Bernalillo County issues business licenses and conducted a comprehensive review, the PHSZD Commission proposes to adopt Bernalillo County-approved Ordinance.

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Bernalillo County – Bernalillo County commissioners approved regulations for the commercial production, processing, sale, and consumption of cannabis within the unincorporated areas of the county – outside the city limits of Albuquerque.

The new regulations work in tandem with state regulations allowing businesses to legally grow and produce marijuana products while also protecting the property and personal space of county residents.

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Highlights of the regulations include: 

  • Personal production and consumption is permitted in all county zones

  • All growers, producers, dispensary, or lounge owners shall be licensed

  • All licensed facilities must be at least 300 feet from a school or day care

  • Outdoor production is allowed, subject to area limitations tied to the size of the property

  • Production and processing facilities must be properly ventilated to include a carbon filtration system

  • Lounges, or businesses that sell consumables, including cannabis flowers, must also have a carbon filtration system

  • Lounges cannot allow smoking of cannabis flowers outdoors; however, smoking is allowed inside a building, meeting county requirements

  • Access to cannabis consumption areas open to consumers is restricted to persons 21 years of age and older.

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The cannabis regulations, when completed and posted, can be found here: https://library.municode.com/nm/bernalillo_county/codes/code_of_ordinances?nodeId=BECOCO_APXAZO_ZOBUPLDE.

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