13. SECTION SPECIAL USE ZONING CLASSIFICATION CLASSIFICATION
13.1.The Special Use Amendment shall hold the regulations, restrictions, and requirements of this Ordinance's minimum standards necessary to carry out the purpose. This Ordinance does not interfere with, abrogate, or annul an easement, covenant, or other agreement. The provisions imposing more significant restrictions and controls shall prevail in case of a conflict between provisions of this Ordinance or other applicable County, State, or Federal Codes. When the Ordinance imposes a more significant restriction upon the use of land or building, or upon the height of building, or requires larger open space than imposed by other rules, regulations, easements, covenants, agreements, or ordinances, the provisions of this Ordinance shall control. 13.2. ADMINISTRATIVE AMENDMENTS BY SPECIAL USE PERMIT 13.2.1. The Commission alone is authorized to issue zoning permits on all zoning issues within the Zoning District's authority. No building or structure may be constructed, altered, or occupied, no materials or equipment stored, or mining, excavation, or landfill performed except upon issuing a certificate of zoning approval (permit) by the District Zoning Commission. 13.2.2. By Special Use Permit, the District Zoning Commission may authorize the location of uses in any zone where other sections of this Ordinance do not permit them or nonconforming elements not meeting the Ordinance criteria. 13.2.3.The District Commission shall only grant Special Use Permits for a specific use and development intensity. Where so used, the provision of Special Use Permits (or intent to permit) generally increases building and development intensities and limitations. Still, the District Zoning Commission will encourage development performance (intent) to support the existing underlying Zone character and regulation, and guide subsequent Site Plan preparations. 13.2.4.The District Commission shall require Special Use Permits reviews for any significant expansion or intensification of Development or changes in use within a Special Use Area. The District Commission must review any revision to an existing Special Use permit before any change of use to a new or different use category requiring a Special Use Permit. 13.2.5.Amendments to existing Special Use Areas apply only to Special Use Permits previously approved by the PHSZD Commissioners and are limited to site layout, building placement, or a decrease in the overall area of the Special use zoning permit. 13.3. It is the burden of the Applicant to prove: 13.3.1.The proposed amendment will result in an equal or less intense use of the land than that first approved by the Board of County Commissioners; and 13.3.2.Paradise Hills Special Zoning District Commissioners will not modify minimum or additional requirements imposed on the development plan unless supported by new and compelling data supporting the request as beneficial to the larger community. 13.3.3.The District Commission will not approve Special Use Permits to replace other Ordinance methods or regulations, such as Ordinance criteria for Variance or Conditional Use Permit. 13.4.VARIANCE 13.4.1.A variance is a discretionary waiver from the zoning requirements that allows property owners to modify some of the standards listed in the Zoning Ordinance. These include requests for variance to the height, area, parking, or density regulations of the Ordinance. Page 1 of 6
Applicants must meet all criteria to apply for a Zoning variance, and the Applicant's request has the burden to prove: 13.4.2.There are unusual circumstances in connection with their land; 13.4.3.These circumstances are unique within the locality or neighborhood concerned; and 13.4.4.The variance is to the extent necessary to allow the owner reasonable use of the land. 13.4.5.The variance, if permitted, will not adversely affect the surrounding properties within the area and will have no adverse effect on the neighborhood nor seriously conflict with the area's character. 13.5. CONDITIONAL USE 13.5.1.Property owners shall only apply for a specifically referenced activity if listed as permitted by conditional use in the zoning classification. If approved, the conditional use does not change the underlying zoning of a property or authorize other services outside the scope of the request. An example of a conditional use may be a nursery school operating in an R-1 Zone (residential zone) or a church in an R-1 Zone. Applicants must meet all criteria to apply for conditional use. It is the burden of the Applicant to prove: 13.5.2.The site for the proposed use is adequate in size and shape to accommodate the proposed use, including all yards, open space, walls and fences, parking areas, loading and unloading areas, landscaping, site lighting, traffic engineering (ingress and egress), stormwater drainage or retention, and other features required by the Ordinance. 13.5.3.The Applicant can develop the site for the proposed use in such a manner that the conditional use will not create traffic congestion or similar hazards, and the proposed use will have no adverse effect on the neighborhood nor seriously conflict with the area's character. 13.6.NONCONFORMING 13.6.1.Nonconforming uses are often referred to as "grandfathered" uses. An example of a nonconforming use would be a small neighborhood convenience store having parking spaces for ten cars while current regulations require areas for 25. A nonconforming use is a legal violation of the current zoning Ordinance because the use of the land (or structure) existed before the approval of the Paradise Hills Special Zoning District Comprehensive Ordinance in 1982. The Ordinance contains criteria for permitting specific existing nonconforming uses. 13.6.2.The District Commission must evaluate an application against those criteria before the District Commission permits a nonconforming use employing a Special Use Permit. 13.7.SPECIAL USE APPROVAL CRITERIA 13.7.1. The District Commission shall consider existing and potential property uses within the Zone and the general area and location proposed for the use. 13.7.2. The District Commission may impose specific standards to preserve the utility, integrity, and character of the Zone, general area, and specific location of the proposed use without adversely affecting adjacent zones, the District Commission may provide specific standards, allowances, or limitations in Special Use Areas, including within some areas designated Planned Development (Section 14). 13.7.3.Performance standards are appropriate when conditions reasonably may become obnoxious, dangerous, offensive, or detrimental to the health, safety, or welfare of the public, or a portion thereof, because of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances or protect the character of established neighborhoods, community amenities, and protected public spaces and resources. Page 2 of 6
13.8.The Special Use Amendment and Planned Development Map will protect persons and property from periodic flooding and preserve natural drainage courses' location, character, and extent. All Properties within 125 feet of the centerline of the major arroyos shown on the Master Plan of Drainage of the City of Albuquerque & Environs, on the Zone Map of Bernalillo County, or on the Zone Map of Paradise Hills Special Zoning District will address the following requirements: 13.9.A drainage element requires the same submittals as provided in this Section unless permission for a Special Use Permit (Section 13) or Planned Development District (Section 14) preceding such construction is approved. 13.10.The District Commission may require buffering noise generation or attenuation; dedication of rights of way or easements or access rights; the arrangement of buildings and use areas on the site; special hazard reduction measures, such as slope planting; minimum site area; other conditions necessary to address unusual site conditions; limitations on the type, extent, and intensity of uses and Development allowed; maximum numbers of employees or occupants permitted; hours of operation 13.11.The District Commission will not permit any project violating applicable state or federal regulations. 13.12.The District Commission shall not impose use conditions restricted to a specific person or group. 13.13.SPECIAL USE REGULATIONS 13.13.1. The District Commission may: 13.13.2. Establish an expiration date, after which the use must cease at that site; 13.13.3. Establish a date for annual or periodic review at a public hearing; 13.13.4. Require plans for sustainable use of energy and recycling and solid waste disposal; and any other appropriate conditions or safeguards in conformity to this or other Sections of the Paradise Hills Special Zoning District Comprehensive Ordinance. 13.13.5. Should the Planned Development be abandoned or Special Use revoked, the underlying Zone reverts to the prior more restrictive zoning regulations. 13.13.6.To assure that the proposed use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare, the District Zoning Commission will review the application and progress of Development three (3) years from the date of approval of the application. And each year after that until the completion of the plan. The District Zoning Commission may continue or revoke the Special Use Permit if appropriate. 13.13.7.The District Commission must receive a completed application from the parties in interest for such zoning permits or uses. The application shall be in writing on forms or digital applications prescribed by the District Zoning Commission. With such zoning permits, the District Zoning Commission may impose such conditions and restrictions as it deems necessary and may include the following criteria: 13.13.7.1.An application for a certificate of approval (permit) must include a contour map referenced to the appropriate datum plan, prepared by a registered New Mexico civil engineer, which indicates the extent and elevations of all proposed construction, alterations, mining, excavation, and filling or contouring of land. 13.13.7.2.An application must contain other studies that may be required to determine the effect of flooding on the proposed structure or activity and the impact of the proposed construction or activity on the arroyo or flood drainage channel. Page 3 of 6
13.13.7.3.The District Zoning Commission must examine the Applicant's plans and land before issuing a certificate of approval. The District Zoning Commission must find that the building, structure, or activity will not constitute a hazard to persons or properties. The proposed action will not divert water from or obstruct the natural flow of water in the arroyo or flood drainage channel, will not cause flooding of land outside the natural drainage course, and will not reduce or endanger the water-carrying capacity of the arroyo or flood drainage. 13.13.7.4.The Applicant may be required to erect dikes, barriers, or other structures or improvements necessary to guarantee protection to the public as a condition of issuing a certificate of approval (Zoning permit). 13.13.7.5.The issuance of a certificate of approval will not constitute a representation, guarantee, or warranty of any kind or the practicability or safety of any structure or activity and will create no liability upon or cause of action against any public body, officer, or employee for damage that may thereby result, by the District Zoning Commission, County of Bernalillo or by any political subdivision, or by an officer or employee of any of them, 13.13.7.6.The centerline of an arroyo or drainage area controls in the event of a conflict between the location of a significant arroyo or drainage area as shown on a Zone Map or County Hydrology Plan. The actual site of the arroyo or drainage area on the ground is its current location, and when differing from the Zone Map or County Hydrology Plans shall be controlled within the design drawings. 13.13.8.The District Zoning Commission may authorize the location of uses in any zone even when other sections of this Ordinance do not permit them, and issue a Special Use Permit. The District Zoning Commission may likewise authorize the increase in the height of buildings and any density, intensity, area, yard, lot, and sign size limitations beyond the limits set by previous sections of this Ordinance. With such permits, the District Zoning Commission may impose such conditions and limitations as it deems necessary: following Special Use Permit criteria. 13.13.9.If approved by the District Zoning Commission, the following uses under the procedures and the conditions set out in this Ordinance, with additional requirements to safeguard the adjoining property and neighborhood's best interest and the interest of the larger community may be permitted. The PHSZD Application Review for Special Use Amendments and Planned Development Map Use changes require additional information meeting Ordinance requirements: 13.13.10.No structure shall be constructed, erected, placed, or maintained, and no land use commenced or continued within the jurisdiction of the District Commission except as specified, or by necessary implication, authorized by this Ordinance. Special or conditional uses are allowed only on a permit granted by the District Zoning Commission upon finding that the specified conditions exist. The District Commission will review and authorize Accessory uses and structures meeting Special Use Amendment criteria except as explicitly prohibited within the Ordinance. 13.13.11.The District Zoning Commission shall hold public hearings on all applications for Special Use Permits following the procedures for hearings on changes and amendments to this Ordinance as prescribed in the Administration and Special Use Sections of this Ordinance and mandates on public meeting procedures and compliance as approved by the Page 4 of 6
State of New Mexico. No building or occupancy permits shall be issued for any building or use not following the approved development plan. 13.13.12.Special Use designations shown within a Planned Development District Master Plan do not replace the requirements outlined in this Section (Public Hearings and Site Development Plan submittals). When so designated, such Master Plan approval also approves the intent to apply for a Special Use Permit. Applicants for such Special Use permits, when in conformance with the purpose and specifications of the approved Master Plan, will not be denied based on use, height, intensity, or other specific provision recited on the Master Plan. 13.13.13.In approving any application, the District Zoning Commission shall impose minimum requirements as required by this Section and such additional requirements as the District Zoning Commission deems necessary to safeguard the public welfare, safety, health, morals, the convenience of the neighborhood, and the community. Unless the permit specifies to the contrary, the Special Use so granted will continue for the life of the use. 13.13.14.Violation of any requirement imposed by the District Zoning Commission in approving an application filed under this Section shall violate this Ordinance. It shall be subject to the same penalties as any other violation of this Ordinance. Any requirement imposed by the District Zoning Commission shall become effective and shall be strictly complied with immediately upon execution or utilization of any portion of the rights and privileges authorized by approval of an application. 13.13.15.The PHSZD Commission may cancel the discontinued Special Use Permit and remove the classification from the official zone maps if the use authorized by a Special Use Permit is discontinued. The District Zoning Commission may revoke the permit sixty days after notification by certified mail to the property owner shown on the records of the Bernalillo County Assessor. The District Zoning Commission will act if the property owner does not declare their intent to continue said permit in writing within the sixty days. 13.13.16.Notwithstanding any provision of this Ordinance to the contrary, the District Zoning Commission may grant a Special Use Permit for those uses for which plans are on file in the office of the Bernalillo County Clerk and approved by the Bernalillo County Zoning Administrator within one year from the date of adoption of this Ordinance (1982), but not initiated after that date, without completing the Special Use review by the District Commission or at the discretion of the District Commission. Such approval may be before November 13, 1978, on whatever terms of the conditions the District Zoning Commission deems necessary and without requiring an application. The Special Use Permit so granted will continue for the life of the use unless specified to the contrary in the permit. 13.14.THE DISTRICT COMMISSION WILL COMPILE, APPROVE AND PUBLISH APPLICATION AND SUPPORTING DOCUMENT STANDARDS ON A YEARLY BASIS 13.14.1.Private properties shall include the notarized consent by Property Owners to allow others to act as their authorized agents for the project. 13.14.2.The District Zoning Commission shall charge a fee for a Zoning Permit or Amendment at the time of application. The District Commission may determine that a review of the application requires additional professional services; in that case, the price to the Applicant shall be the hourly rate of project review adopted by the District Zoning Commission plus the cost of those professional services. The District Zoning Commission shall withdraw the Page 5 of 6
application, and the fee refunded to the Applicant if the Applicant does not agree to the prices for professional assistance. 13.14.3.The District Commission shall not refund the filing fee to the Applicant should the application be withdrawn after scheduling and advertising for a public hearing by the District Commission. Page 6 of 6