This ordinance shall be known as the "Comprehensive Zoning Ordinance of Bernalillo County."

The regulations and restrictions of this ordinance are designed to lessen congestion in the streets and public ways; to secure safety from fire, panic, flooding and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements; to conserve the value of buildings and lands; and to encourage the most appropriate use of land throughout the unincorporated areas of Bernalillo County in accordance with the Albuquerque/Bernalillo County Comprehensive Plan.

(Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04)

A.

Interpretation. The Zoning Administrator shall interpret the regulations and restrictions of this ordinance in accordance with the purposes and intent of this ordinance. Disagreement with the Zoning Administrator's interpretation may be appealed to the County Planning Commission and then to the Bernalillo County Commission pursuant to the Administration Section of this ordinance.

B.

Conflict. The regulations, restrictions, and requirements of this ordinance shall be held to be the minimum standards to carry out the purpose of this ordinance. This ordinance is not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties, or other valid ordinances. Where this ordinance imposes a greater restriction upon the use of land or building, or upon the height of building, or requires larger open space than is imposed by other rules, regulations, easements, covenants, agreements, or ordinances, the provisions of this ordinance shall control.

C.

All actions, approvals, decisions of the Extraterritorial Land Use Authority are to be interpreted and considered as if made by the Board of County Commissioners unless specifically excluded by ordinance or resolution.

(Ord. No. 04-1, § 1, 1-13-04)

Except as herein otherwise provided:

A.

The use and height of buildings hereafter erected, converted, enlarged or structurally altered, and the use of any land shall be in compliance with the regulations established herein for the zone in which such land or building is located.

B.

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the zone in which a building or premises is located.

C.

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required for another building.

D.

Every building hereafter erected, converted, enlarged, or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, except as regulated in Subsection 22.D.(1) of the Supplementary Height and Area Regulations and in the Special Use Permit Regulations.

E.

Any person or entity engaging in a business or occupation in Bernalillo County must maintain a valid, current business registration as required in Chapter 14, Article II of the Bernalillo County Code.

F.

Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-Street Parking, Loading and Unloading Regulations of this ordinance.

G.

Unobstructed vision clearance for traffic safety shall be maintained by the property owner or occupant on all corner lots regardless of the zone classification with reference to any building, sign, fence, ornament, hedge, shrub, tree, display, or other obstruction, but not including existing buildings.

H.

In order to protect persons and property from periodic flooding and to preserve the location, character, and extent of natural drainage courses, all property within 125 feet of the centerline of the major arroyos shown on the Master Plan of Drainage of the City of Albuquerque and Environs or on the Zone Map of Bernalillo County is subject to the following requirements.

1.

No building or structure may be constructed, altered, or occupied, no materials or equipment may be stored, and no mining, excavation, or land filling may be performed, except upon issuance of a certificate of approval by the Zoning Administrator.

2.

Procedures:

a.

An application for a certificate of approval must include a contour map referenced to the appropriate datum plane, prepared by a registered New Mexico civil engineer, which indicates the extent and elevations of all proposed construction, alterations, mining, excavation, and land filling.

b.

An application must contain other studies as may be required to determine the effect of flooding on the proposed structure or activity and the effect of the proposed structure or activity on the arroyo or flood drainage channel.

c.

Prior to the issuance of a certificate of approval, the Zoning Administrator must examine the plans and land of the applicant. The Zoning Administrator must find that the building, structure, or activity will not constitute a hazard to persons or property, 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.

d.

The applicant may be required to erect dikes, barriers, or other structures or improvements necessary to guarantee protection to the public as a condition to the issuance of a certificate of approval.

3.

The issuance of a certificate of approval will not constitute a representation, guarantee or warranty of any kind or nature by the County of Bernalillo or by any political subdivision, or by an officer or employee of any of them, of 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.

4.

In the event of a conflict between the location of a major arroyo as shown on the Zone Map and the actual location of the arroyo on the ground, the centerline of the actual location of the arroyo controls for the purposes of these regulations.

(Ord. No. 92-18, 12-15-92; Ord. No. 2006-3, § 1, 2-14-06)

Words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory, and the word "may" is permissive.

Abutting. Touching.

Access. A way of approaching or entering a property primarily devoted to vehicular use from a public street, highway or to a private street or access easement. Access includes ingress and egress.

Accessory Building or Use. A subordinate building or use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Adult Amusement Establishment. Reference Section 17.5 of this ordinance.

Adult Bookstore. Reference Section 17.5 of this ordinance.

Adult Photo Studio. Reference Section 17.5 of this ordinance.

Adult Theater. Reference Section 17.5 of this ordinance.

Agricultural Assistant. A person engaged in agricultural activities and occupying a mobile home in accordance with the regulations of the A-1 and A-2 Rural Agricultural Zones.

Alley. A public way permanently reserved as a secondary means of access to abutting property.

Amateur Radio Antenna/Tower. A free-standing, guyed or building-mounted lattice construction or tubular metal tower or similar type construction, including antennas and appurtenances intended for radiowave communication purposes by a person holding a valid amateur radio ("ham") license issued by the Federal Communications Commission.

Animal Clinic. An establishment where animals are admitted for examination and treatment and may be kept overnight.

Apartment. One or more structures containing two or more dwelling units each.

Architecturally Integrated Wireless Telecommunications Facility. A wireless telecommunications facility which is camouflaged into the structure on which it is located by means of color, texturing, architectural treatment, massing, size, design, and/or shape.

Automobile Dismantling Yard. A premises on which is conducted the dismantling of automobiles; there may be the selling of automobile parts and the storage of inoperative automobiles awaiting dismantling or removal.

Bathroom. A room containing a wash basin and water closet. Rooms referred to locally as one-half or three-quarter baths are one bath for the purpose of this ordinance.

Bed and Breakfast House. Means a dwelling unit containing at least one but not more than two guest rooms where lodging is provided, with or without meals, for compensation.

Billboard. Sign, off-premises. A sign which advertises a product, place, activity, person, institution or business not located on the site where the sign is located and which is supported by structural steel uprights and conforms to all physical requirements prescribed by the Outdoor Advertising Association of America and/or the Eight Sheet Outdoor Advertising Association.

Board of Adjustment. The Board of Adjustment of Bernalillo County, New Mexico, also serves as the County Planning Commission.

Boardinghouse or Lodginghouse. A dwelling other than a hotel or apartment, where, for compensation and by prearrangement for definite periods, lodging with or without meals is provided for five or more persons, not members of the family, but not exceeding 20 persons.

Building. Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kinds, but not including any vehicle, trailer, (with or without wheels), not any movable devise, such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.

Building, Height of. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deckline of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs.

Building, Main. The building occupied by the principal use of the property.

Building or Use Permit. The certificate issued by the Zoning Administrator, required by Subsection C of the Administrative Section hereof.

Business. A legal entity operating an enterprise in a space separate from any other enterprise. All related uses shall be accommodated on site with the building or use served.

Carport. A permanent roof structure attached to a dwelling unit for parking or storage of private vehicles.

Central Urban Area. An area designated "Central Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Church. A building for public or private worship; or a body or organization of religious believers.

Clinic. See Medical Clinic or Animal Clinic.

Club. Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Cluster Housing Development. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, unless otherwise permitted by a policy adopted as part of an Area Plan, Sector Development Plan, or Master Plan and the remaining land area is devoted to open space, active recreation, or preservation of environmentally sensitive areas or agriculture.

Collocation. The location of more than one wireless telecommunications facility on the same structure by more than one wireless telecommunications facility owner, or the location of one or more wireless telecommunications facility on a public utility structure.

Commercial Animal Establishment. Any establishment or premises, operating for profit, where six or more dogs and/or cats or aggregate thereof, over four months of age are boarded, kept, or maintained for any purpose whatsoever; it includes kennels, grooming parlors, pet shops, animal hospitals and breeders.

Commercial Vehicle. Any vehicle designed or used primarily for commercial activity, including but not limited to vehicle towing, food service, and passenger or merchandise transfer.

Community Garden. A private or public facility or open area for cultivation of fruits, flowers, vegetables, or other plants by more than one person or family.

Concealed Wireless Telecommunications Facility. A wireless telecommunications facility that is architecturally integrated with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape, and which does not stand out as a wireless telecommunications facility.

Conditional Use. A use permitted in a zone with approval of the Zoning Administrator.

Contiguous. Abutting or separated only by an alley.

Contractor. One that contracts or is a party to a contract, one that contracts to perform work or provide services or supplies on a large scale including but not limited to general contractor, road contractor, lath and plaster contractor, plumbing contractor and truck hauling.

Contractor's Yard. A premises where equipment, materials and supplies are stored, kept, and/or maintained in connection with a contracting operation.

Courtyard. An open space more than one-half surrounded by buildings.

Customarily Incidental Use. An incidental use customarily found within the zone and not listed as a permissive, conditional or special use in this ordinance.

Day Care Center. A facility which provides care, services, and supervision to seven or more children for a period of less than 24 hours of any day. A Day Care Center may be located in any building which meets the applicable state and local building and safety codes.

Day spa. A commercial establishment, other than an adult amusement establishment, that offers beauty, health or therapeutic treatments that can be started and completed in a single session, either by the hour or by the day. Overnight accommodations are not provided.

Developing Urban Area. An area designated "Developing Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Drainage Plan. A detailed drainage plan, prepared by a New Mexico registered engineer competent in the area of surface hydrology and hydraulics to properly address how drainage will be handled on a specific site.

Drive-In Restaurant. A restaurant or refreshment stand which has one or more of the following:

1.

No inside tables or counters for customer eating.

2.

Carhop service for parked vehicles in specially equipped stalls for this purpose.

3.

Outside tables which are not completely surrounded by a building or fence at least six feet high.

Dwelling Unit. A room or suite of rooms with kitchen and bath facilities designed as a unit for occupancy by one family.

Dwelling Unit, Primary. A separate, complete dwelling unit, including a modular home on a permanent foundation, but not a mobile home, manufactured home, park model travel trailer, or recreational vehicle, that is the larger of the dwelling units when a single-family residential lot development plan proposes or contains a secondary dwelling unit or accessory living quarters.

Dwelling Unit, Secondary. A dwelling unit, including a modular home on a permanent foundation, but not a mobile home, manufactured home, park model travel trailer, or recreational vehicle, constructed to building code or HUD standards and located on the same lot as a primary dwelling unit in a detached building.

Electromagnetic Interference. Disturbance caused by intruding signals or electrical current.

Established Urban Area. An area designated "Established Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Existing Vertical Structure. Any structure for which a building permit has been issued, including a tower or antenna for which a building permit has been issued by the county but which has not been constructed provided approval by the county has not expired, including a tower and antenna that has been given an approval prior to the effective date of this ordinance and which is not found by the county to be contrary to the purposes of this ordinance, or any other vertical structure.

Face-Mounted Wireless Telecommunications Antenna. An antenna attached to and covering a small portion of the surface of a building, which is architecturally integrated into the building and supporting structure.

Family. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house or hotel, not exceeding 12 people.

Family Day Care Home. An occupied dwelling in which a person provides care, services, and supervision for at least three but not more than six children for a period less than 24 hours of any day. The residents providers children who are age six or older shall not be counted for this definition.

Farmers Market. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and craft items, and food and non-alcoholic beverages (but not to include second-hand goods).

Feedlot. A place of confinement for cattle, sheep or swine, corralled, penned, or otherwise caused to remain in pens or corrals where feeding is other than grazing and which is operated as a commercial enterprise as the primary use.

Floor Area. The gross horizontal areas of the several floors including basement, cellars, and penthouses (but excluding such areas within a building which are used for parking), measured from the exterior faces of the exterior walls of a building.

Floor Area Ratio. The total amount of floor area within the structure(s) divided by the area of the site.

Freestanding Wireless Telecommunications Facility. A wireless telecommunications facility that consists of a stand-alone support structure, antennas, and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure. This does not include a wireless telecommunication antenna that is mounted on a public utility structure or light standard.

Frontage. The distance along a street line from one intersecting street to another, or from one intersecting street to the dead end of a dead-end street.

Future Street Line. A line running more or less parallel to the center line of certain existing or proposed streets as established by the county for the purpose of delineating the future widths of street rights-of-way.

Garage. A building or portion thereof, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include the dismantling, or storage of wrecked or junked vehicles.

Grade. The average of the finished ground level at the center of all walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk or at the center of such wall nearest the sidewalk.

Greenhouse. A type of accessory or primary building or structure used for the growing of plants.

Group Home. A residence providing full-time supervision and training in daily living activities to up to ten residents; no infant care is provided.

Guest Ranch. A resort providing recreation and entertainment to vacationers.

Home Occupation. Any occupation or activity clearly incidental and secondary to use of the premises for a dwelling. There shall be no exterior display, no exterior storage of materials, no nuisances emitted from the premises and no other exterior indication of the home occupation or variation from the residential character of the main building. The home occupation shall not be open to the public (clients, customers, patients, patrons, or similar individuals or groups) unless specifically approved as a Conditional Use. Only members of the residing family are employed, unless approved as a Conditional Use for a single, additional employee. Not more than 25 percent of the floor area is devoted to the home occupation, nor more than 600 square feet of accessory building.

Hospital for Human Beings. An establishment that provides through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous licensed professional nursing services, diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions, including mental illness. A facility licensed by the State of New Mexico as a general, limited, or special hospital is presumed to be a hospital for human beings.

Hotel. A building in which lodging, or boarding and lodging, are [is] provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boardinghouse, a lodginghouse, or an apartment house, which are herein separately defined.

Incidental Use. A use which is appropriate, subordinate, and customarily incidental to the main use of the lot.

Indoor Shooting Range. A facility designed or used for safe discharge and use of rifles, shotguns, pistols, silhouettes, trap, black powder, or any similar firearm for the purpose of sport shooting, firearms safety education or military/ law enforcement training, including shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure and meets all applicable local, state and federal requirements. May be public or private.

Inoperative Vehicle. A vehicle which is not parked inside a building, is inoperative, and is wholly or partially dismantled.

Institution. A nonprofit establishment for public use.

Kitchen. Any room or portion thereof principally used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.

Landscape Buffer. A strip of landscaped land established by the Landscaping and Buffer Landscaping Regulations to protect one type of land use from another with which it is incompatible.

Landscape Plan. An accurate plan, drawn to scale, which outlines all proposed areas to be covered with impervious materials, proposed planting beds and vegetative ground cover area; specifies the location, size and species of all proposed trees and shrubs.

Landscaped Setback. The planting of at least one tree, 1½-inch minimum caliper measured at two feet above ground, per 30 linear feet of frontage and at least 75 percent of the area must be planted and maintained with live planting material.

Landscaping. The planting and maintenance of live plants and inorganic and manufactured materials including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of Bernalillo County. In addition, the landscape design may include limited inorganic and manufactured materials such as rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches and other types of street furniture.

Ldn. Ldn means day/night equivalent sound level measured over a 24-hour period; it is equivalent in terms of sound energy to the level of a continuous A-weighted sound level with ten dB added to the nighttime levels. Ldn is computed pursuant to United States Environmental Protection Agency Standards and Procedures.

Living Quarters, Accessory. Living quarters within an accessory building containing one bedroom, one living room, one bathroom, one closet, one mechanical room, no kitchen facilities and to be occupied by no more than two persons, shall not be rented or otherwise used as a dwelling unit and does not exceed 500 square feet in area.

Lot.

a.

A tract or parcel of land platted and placed on the County Clerk's record in accordance with laws and ordinances; or

b.

A tract or parcel of land held in separate ownership as shown on the records of the County Clerk, prior to April 17, 1973, date of passage of the Bernalillo County Commission Ordinance No. 213.

Lot Area. The area of a lot exclusive of easement(s) for a private way or thoroughfare.

Lot, Corner. A lot abutting two or more streets at their intersection.

Lot, Double Frontage. Any lot with frontage on two parallel or approximately parallel streets.

Lot, Front Line of. The boundary of a lot bordering on a street. For the purpose of determining yard requirements on a corner lot, the narrower side bordering on a street is the front yard except that if the lot is square or nearly so (dimensions with a ratio of between 3:2 and 3:3), the owner may choose which of the two is to be considered the front yard.

Lot, Rear Line of. That boundary which is opposite and more or less parallel to the front lot line. In the case of an L-shaped or other irregularly-shaped lot where two or more lines are so located, all shall be considered to be rear lines, except such as may be within 50 feet of the front lot line, or which may be 20 feet or less in length. In the case of a lot which comes to a point at the rear, the rear lot line shall be that imaginary line parallel to the front lot line, not less than ten feet long, lying wholly within the lot farthest from the front lot line.

Lot, Width. The width of a lot at the front yard setback line.

Manufactured Home. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, § 60-14-1 et seq.) and with the regulations made pursuant thereto relating to ground level installation and ground anchors.

Medical Clinic. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

Mental Health Facility. A facility or institution for diagnosing, treating, caring for, or counseling people requiring mental health services. The facility or institution may include a public or private facility and residential facility, but does not include a dwelling unit.

Mobile food establishment. A food establishment that is designed to be readily movable; completely retains its mobility; and is equipped to serve food. Mobile food establishments includes self-contained mobile units, non-self-contained mobile units, pushcarts, and mobile support units.

Mobile Food Establishment (Food Truck) Court. A gathering of multiple mobile food establishments on a single lot which operate simultaneously.

Mobile Home. A vehicle without motive power, designed to be drawn by a motor vehicle and to be used as a temporary or permanent human habitation, including trailer coach, trailer home, and house trailer but not including Manufactured Home or Recreational Vehicle, whether the same be with or without wheels, and whether or not attached to or incorporated in a building and that part of any self-propelled vehicle, whether the same be with or without wheels, and whether or not attached to or incorporated in a building. Skirting is required in addition to a storage building of sufficient size to accommodate all outside storage.

Mobile Home Park. Any lot(s) issued a special use permit for a Mobile Home Park in accordance with Section 18 of this ordinance.

Mobile Home Space. An improved area within an approved mobile home park designated for the placement of a mobile home.

Motel. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with a garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients. The term "motel" includes motor court, motor lodge, and tourist court, but not mobile home park.

Nonconforming. Any building or structure or portion thereof, or use of a building or land which does not conform to the zoning regulations and which lawfully existed on the effective date of those regulations with which it does not conform.

Nonprofit Animal Facility. Any facility or premises, not operating for profit, where six or more dogs and/or cats or aggregate thereof, over four months of age are kept or maintained; it includes shelters and refuges, with the exception of state inspected veterinary hospitals, federally inspected laboratory facilities and zoos.

Nursing or Rest Home. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office. A place where consulting, record keeping, the work of a professional person such as a physician or lawyer or a headquarters of an enterprise or organization; with incidental sales of goods or services.

Open Storage. Storage of any material, equipment or item outside an enclosed building.

Outdoor Live Entertainment. Any musical act, theatrical act, play, revue, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons, with or without compensation, whether recorded or live, with amplified sound, whether or not admission is charged.

Outdoor Shooting Range. An area specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar firearm for the purpose of sport shooting, firearms safety education, or military/law enforcement training and meets all applicable local, state and federal requirements. May be public or private.

Park. An area reserved for recreational, educational, or scenic purposes and designated as a park by the County.

Parking Lot. An area or structure used for temporary parking of automobiles and pickup-sized trucks, providing four or more parking spaces, not within the public right-of-way, none of which are required off-street parking.

Park Model Travel Trailer. A type of recreational vehicle designed as a dwelling unit intended for long term permanent placement built on a single chassis, mounted with or without wheels meant to remain in one location for extended periods of time.

Parking Space, Off-Street. An area at least eight feet, six inches in width and 20 feet in length, not permanently reserved, for the intermittent parking of one vehicle and connected to a street or alley by a driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved.

Permissive Use. A use permitted in a zone.

Person. Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, political subdivision, or other group or combination, acting as a unit.

Planning commission. The Bernalillo County Planning Commission.

Premises. A lot, together with all buildings and structures thereon.

Public Right-of-Way. The area of land deeded, reserved by plat, or otherwise acquired by the City, the County, or the State of New Mexico, primarily for the use of the public, for utilities, and the movement of people, goods, and vehicles.

Public Utility Structure. A structure, owned by a unit of government or by a public utility company, which is an electric switching station; electric substation operating at voltages greater than 50 kilovolts; gas transfer station; city or county-owned lift station, odor control (or chlorine) station, water well or pump station or water reservoir; or any other similar public utility structure controlled by a rank two facility plan.

Readily Visible Wireless Telecommunications Facility. An object that stands out visually against its surroundings as a wireless telecommunications facility.

Recreational Camp. An institution devoted primarily to outdoor activities.

Recreational Vehicle. A vehicular unit not exceeding 40 feet in body length, eight feet in width, or 11 feet in overall height, primarily designed as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, and camping trailer.

Residential Zone. A-1, A-2, R-1, R-2, M-H zones and those portions of a Sector Development Plan designated as residential.

Restaurant. An establishment that prepares food in a kitchen and serves food and beverages which are consumed on its premises by customers seated at tables and/or counters either inside or outside the building thereon, and which may be engaged in providing customers with take-out service of food and/or non-alcoholic beverages for off-site consumption. A snack bar is not considered to be a restaurant. Sale of alcoholic drink is controlled by other provisions in this code and the New Mexico State statutes regarding alcoholic drink sales.

Roof-Mounted Wireless Telecommunications Facility. A wireless telecommunications facility placed on a rooftop through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney, or parapet.

School. A place utilized by an organized body to educate, cultivate, or advance mentally or culturally, i.e.: private or public school, academies, universities, day care centers, instructions in crafts, fine art, dance, music, etc.

Sector Development Plan. A plan covering a specific portion of the unincorporated area of Bernalillo County that specifies standards for that area's development. A sector development plan may establish zoning regulations for an area that differ from those normally allowed, based on unique neighborhood conditions, including allowable uses, densities, building heights, landscaping requirements, signs, parking or other items as determined by the Board of County Commissioners. A sector development plan must be consistent with the policies of the Albuquerque/Bernalillo County Comprehensive Plan and any applicable area plan adopted for the portion of the County affected by the sector development plan.

Semi-Urban Area. An area designated "Semi-Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Service Station. Any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oil or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles, or painting motor vehicles.

Setback. The shortest distance between a structure and the present or future street line or property line, or right-of-way line of private access road.

Shared Solar Facility. A small-scale, private solar installation, that multiple individuals lease or co-own, that provides electrical power to no more than five lots, which are owned by the beneficiaries of the electricity generated.

Shopping Center. A premises containing a group of commercial retail and service establishments located in a complex containing five or more acres.

Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business. A back to back sign or V-shaped sign or a billboard constitutes one sign if it employs a common set of supports and if the signs are at some point within ten feet of each other.

Sign, Off-Premises. A sign which directs attention to a product, place, activity, person, institution or business not located on the site where the sign is located, including portable signs.

Sign, On-Premises. A sign which directs attention to a product, place, activity, person, institution or business on the site where the sign is located, including portable signs.

Single-Family Dwelling. A building designed to be occupied by one family and containing one kitchen, unless otherwise approved as a conditional use, including manufactured homes and/or prefabricated, modular or sectional units meeting the requirements of the Bernalillo County Building Code, designed to be permanent structures, placed upon permanent foundations, and taxed as real property.

Site Development Plan. A plan, to scale, showing all existing and proposed development for a parcel of land (e.g. buildings, landscaping, parking, storm drainage facilities, signs) and schedule of development.

Snack Bar. An establishment that provides a snack where no food is prepared or cooked on the premises within a kitchen.

Solid Wall or Fence. A wall, fence or similar enclosure which is visually solid and is kept in good repair. It may include evergreen hedges, trees planted six feet or less apart depending on the type of trees, decorative walls which may have openings and provided the total area of all the openings in such walls does not exceed 25 percent of the total area of the surface of these walls and further provided these openings are evenly distributed over the entire surface of such walls.

Stand. A structure for display and sale of products with no space for customers within the structure itself.

Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between such floor and the ceiling next above it.

Street. That portion of a public right-of-way or private way or thoroughfare which is primarily devoted to vehicular use. Such right-of-way or thoroughfare normally shall provide access to abutting property.

Structural Alterations. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas, but not including tents or vehicles.

Townhouse. One of a group of two to eight attached dwelling units divided from each other by common walls, each having a separate entrance leading directly to the outdoors at ground level, and each located on its own, individual lot.

Truck Plaza. A site in excess of two acres providing specialized facilities for retail fueling services for large trucks; the site may include related facilities including, but not limited to, restaurants and overnight parking.

Truck Terminal. A property or building used primarily for the temporary parking of trucks of common or contract carriers during loading or unloading, including necessary warehouse space for storage of transitory freight.

Usable Open Space. An area on the same lot with a dwelling, in relation to which it serves to permanently provide light and air, as well as visual, psychological, and recreational needs for open space. Usable open space may include, but is not limited to, lawns, decorative plantings, native plants, open balconies, covered patios open on at least two sides, walkways, active and passive recreational areas, fountains, swimming pools, wooded areas, and water courses. Usable open space does not include public right-of-way, parking lots, off-street parking, driveways, other private vehicular surfaces, or buildings other than swimming pool rooms. Such space shall be available for entry and use by the residents involved.

Variance. A discretionary waiver from the zoning requirements to grant the property owner reasonable use of his land.

Vision Clearance. A triangular space at the street corner of a corner lot, which is bounded by the street right-of-way lines and a line connecting points located 25 feet distant from the intersection, or projected intersection, of the street right-of-way lines, within which no obstruction to view between three feet and eight feet above the street level shall be placed or maintained.

Watchman or Caretaker Residence. A mobile home, or manufactured home not placed on a permanent foundation, used as a temporary dwelling for security purposes on sites occupied by an active permitted non-residential use. No other residence may be located on the same lot or parcel and the watchman caretaker unit may not be used for commercial or office purposes.

Wireless Telecommunications Antenna. Any exterior transmitting or receiving device which may be mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other commercial signals. It includes, but is not limited to, a directional antenna (e.g. a panel, a microwave dish and satellite dish), and an omni-directional antenna (e.g. a whip), but does not include a non-commercial or amateur antenna.

Wireless Telecommunications Equipment Building or Cabinet. A building or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Wireless Telecommunications Facility. A facility that transmits or receives signals or waves radiated or captured by a wireless telecommunications antenna. It may include: antennas of all kinds including microwave dishes and other types of equipment for the transmission or reception of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings or cabinets, parking area, and other accessory development.

Wireless Telecommunication Services. The provision or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points excluding only cable services.

Wireless Telecommunications Tower. A structure intended to support wireless telecommunications antennas. Examples of such structures include, but are not limited to, freestanding poles (e.g. monopoles, masts, poles, or guyed towers) and lattice construction steel towers.

Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.

Yard, Front. An open area, extending across the full width of a lot, the depth of which is the shortest distance between the front lot line and the front wall of the main building.

Yard, Rear. An open area, extending across the full width of a lot, the depth of which is the shortest distance between the rear wall of the main building and the rear lot line.

Yard, Side. An open area between the side lot line and the side of the main building, extending from the front yard to the rear yard.

Zone Map. A map delineating the zone boundaries.

Zoning Administrator. The official designated to enforce this ordinance as provided in the Administrative Section of this ordinance.

Zoning Certificate. The certificate required in Paragraph 3 of the Administrative Section, Subsection C hereof.

Zoning Commission. The County Planning Commission is the County Zoning Commission.

(Ord. No. 271, 8-20-74; Ord. No. 280, 10-15-74; Ord. No. 344, 5-18-76; Ord. No. 5-77, 5-17-77; Ord. No. 78-49, 7-18-78; Ord. No. 78-66, 10-3-78; Ord. No. 79-60, 10-16-79; Ord. No. 80-45, 11-18-80; Ord. No. 83-26, 7-19-83; Ord. No. 83-39, 10-18-83; Ord. No. 84-11, 2-21-84; Ord. No. 86-18, 6-24-86; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 03-4, § 1, 6-24-03; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-15, 6-11-13; Ord. No. 2013-20, 10-22-13; Ord. No. 2014-11, 6-10-14; Ord. No. 2016-13, 4-12-16; Ord. No. 2017-22, 11-28-17; Ord. No. 2021-29, 12-14-21; Ord. No. 2022-14, 8-9-22; Ord. No. 2022-16, 8-9-22; Ord. No. 2024-7, 1-23-24; Ord. No. 2025-7, 1-14-2025; Ord. No. 2025-8, 1-14-2025)

A.

In order to carry out the provisions of this ordinance, the unincorporated area of Bernalillo County is hereby divided into 14 zones, which shall be known as:

A-1 Rural Agricultural Zone

A-2 Rural Agricultural Zone

R-1 Single-Family Residential Zone

R-2 Apartment Zone

M-H Mobile Home and Single-Family Residential Zone

O-1 Office and Institutional Zone

C-N Neighborhood Commercial Zone

C-1 Neighborhood Commercial Zone

C-2 Community Commercial Zone

C-LI Commercial/Light Industrial Zone

M-1 Light Industrial Zone

M-2 Heavy Manufacturing Zone

Overlay Zone

SD Sector Development Zone

B.

The zones and boundaries of zones are shown on the maps attached hereto and made a part of this ordinance. The maps shall be designated as the "Zone Maps." All notations and reference shown on the "Zone Maps" are as much a part of this ordinance as though specifically described herein.

1.

The zone boundaries are either streets or alleys unless otherwise shown, and where the designation on the "Zone Map" indicates that the various zones are approximately bounded by a street or alley line, such street or alley line shall be construed to be the zone boundary line. In case of any uncertainty, the matter shall be referred to the Planning Commission.

2.

Where the zone boundaries are not otherwise indicated and where the property has been divided into blocks and lots, the zone boundaries shall be construed to be lot lines and where the designations on the "Zone Maps" are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the zone. In case of any uncertainty, the matter shall be referred to the Planning Commission.

3.

In subdivided property, the zone boundary lines shown on the "Zone Maps" shall be determined by use of the scale shown on such map.

4.

In the event any street, alley, drainageway, or other public way forming the boundary of a zone is vacated, the new zone boundary shall be the former centerline of said vacated street, alley, drainageway, or other public way.

C.

All territory which may hereafter become a part of the unincorporated area of Bernalillo County by disincorporation of any village, town, or city, or which for other reasons may fall within the jurisdiction of Bernalillo County, shall automatically be classified in the A-1 Zone until appropriately reclassified in accordance with the provisions of the Amendments Section of this ordinance.

D.

In the event the Zone Maps do not show the zoning of any area within Bernalillo County, such area automatically shall be classified in the A-1 zone.

E.

All property is governed according to the zone in which it is located. Any use not designated a permissive or conditional use in a zone is specifically prohibited from that zone, except as otherwise provided herein.

(Ord. No. 79-60, 10-16-79; Ord. No. 86-19, 6-24-86; Ord. No. 92-18, 12-15-92; Ord. No. 03-4, § 1, 6-24-03; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2012-12, § 1, 6-26-12)

A.

The regulations set forth in this section or set forth in this ordinance, when referred to in this section, are the regulations in the A-1 Rural Agricultural Zone. The purposes of this zone are to preserve the scenic and recreational values in the National Forests and similar adjoining land, to safeguard the future water supply, to provide open and spacious development in areas remote from available public services, and to recognize the desirability of carrying on compatible agricultural operations and spacious home developments in areas near the fringes of urban development. The regulations provide for the protection of these important land uses, and are not intended to unduly restrict or regulate dairying, farming, or ranching operations.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.

1.

Prohibited Uses. The following uses are prohibited in this zone:

a.

The open storage of inoperative vehicles or auto parts;

b.

The open storage of trash or junk;

c.

The open storage of large appliances;

d.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

e.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Ranch, farm, dairy, and rural residential activities.

b.

Display and sale of agricultural products including poultry or rabbits raised on the premises, and products incidental to the sales activity.

c.

One single-family dwelling or H.U.D. Zone Code II manufactured home per lot of record.

d.

Accessory building or structure customarily incidental to the above uses.

e.

Recreational vehicle or boat storage in the rear yard when such recreational vehicle or boat is not to be used as accessory living quarters, and is not connected to utilities, other than temporarily to a source of electricity. Such units cannot be used for storage of goods, materials, or equipment other than those items considered to be a part of the unit or essential for its immediate use. Recreation vehicle used for dwelling purposes served only by electricity for lighting purposes, the use of such recreational vehicle shall be limited to a maximum of two weeks in any calendar year.

(1)

In the event where rear yard access is not available, outside parking in the front yard is allowed, provided:

(a)

The body of the recreational vehicle or boat is at least 11 feet from the front property line.

(b)

No part of the unit extends onto the public right-of-way.

(c)

A corner lot is always deemed to have reasonable access to the rear yard; a fence or wall is not necessarily deemed to prevent reasonable access.

f.

Signs not exceeding 16 square feet in area per sign pertaining to the lease, hire or sale of a premises or sale of home-raised products, provided there shall be no more than one such sign per acre of lot area, and provided further that, if illuminated, the source of such illumination shall be nonoscillating and nonflashing.

g.

Parking incidental to uses permitted in this zone, provided all vehicles parked are in operative condition.

h.

Home occupation.

i.

Concealed wireless telecommunications facility, provided that it satisfies the requirements of section 22.5 of this ordinance.

j.

Wireless telecommunications antenna located on a public utility structure, provided that it satisfies the requirements of section 22.5 of this ordinance.

k.

Amateur Radio Antenna/Tower up to 65 feet as measured from grade.

l.

Garage or yard sale, provided:

1.

No more than four events are allowed at a given dwelling in any calendar year. The duration of the garage or yard sale shall not exceed three consecutive days.

2.

No items shall be purchased for a garage or yard sale for the purpose of resale; items shall be of the type normally accumulated by a household.

3.

One non-illuminated, on-premises sign, not exceeding four square feet in area shall be permitted. The sign shall pertain to the garage or yard sale only and shall be permitted only for the three-day period of the sale.

m.

Farmers market, provided the event is issued a Special Event's permit by Bernalillo County.

n.

Community garden.

o.

Shared solar facility.

p.

Secondary dwelling unit, provided that the use meets the following requirements:

1.

The lot must meet the area regulations of the underlying zone.

2.

The primary dwelling unit and secondary dwelling unit must be connected to a wastewater disposal system meeting the requirements of the Environmental Health Code.

3.

The secondary dwelling unit shall:

a.

Meet the setbacks of the underlying zone; and

b.

Be located at least ten feet from any other dwelling unit or structure on the lot; and

c.

Be located a maximum of 35 feet from the primary dwelling unit, or 40 feet for properties ½ acre or greater, or 50 feet for properties one acre or greater; and

d.

Not exceed 1,000 square feet or 50 percent of the size of the primary dwelling unit, whichever is less.

e.

Be designed to be architecturally harmonious with the existing primary dwelling.

4.

The lot must meet the useable open space requirement, but not the landscaping and buffer landscaping section, of the R-2 zone.

5.

In addition to the parking required for the primary dwelling unit, there shall be provided a minimum of one space for the secondary dwelling unit.

6.

A secondary dwelling unit is not permitted on a lot with an accessory living quarters, mobile home, existing secondary dwelling unit or second kitchen within a primary dwelling unit.

3.

Conditional Uses. The following uses may be permitted, if approved by the Zoning Administrator, in accordance with the procedures and under the conditions set out in the Administrative Section of this ordinance, with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community.

a.

Church and incidental facilities.

b.

Day Care Center.

c.

Family Day Care Home.

d.

School.

e.

Temporary festivals, circuses, carnivals or activities in a tent, provided that the use or activity meets the following requirements:

(1)

The minimum lot size per use or activity shall be five acres.

(2)

All required parking shall be located on the same site with the activity or use.

(3)

The use or activity shall be at least two miles from the nearest conforming residential use.

(4)

Prior approval of the proposed use or activity must be obtained from the County Sheriff, County Fire Department, County Environmental Health, County Public Works, City of Albuquerque Air Pollution Control, and Albuquerque Metropolitan Arroyo Flood Control Authority or their authorized representative.

(5)

The hours of operation, shall be between 6:00 a.m. and 8:00 p.m. This includes the time of erection and dismantling.

(6)

The use or activity shall be limited to three days in one calendar year.

(7)

No permanent structures shall be erected.

(8)

Temporary fencing may be erected, and shall be removed within 24 hours after the activity.

f.

Commercial stables, rodeo arenas, polo grounds, and riding academies.

g.

Privately or commercially operated recreational camps, lakes, swimming pools, and tennis courts.

h.

Guest ranch and incidental facilities, including stables, corrals, swimming pools, restaurants, incidental retail sales and services and personal services provided such ranches are located on sites containing not less than 20 acres.

i.

Hunting, fishing, ski resorts, and incidental facilities, provided they are located on sites containing not less than 20 acres.

j.

Kennels, animal hospitals, or the breeding, boarding or sale of dogs, cats, and birds.

k.

Commercial animal establishment and nonprofit animal facility.

l.

Real estate sales office in connection with a specific development for a period of not more than two years.

m.

Temporary sawmill and logging camp, when located not less than 1,000 feet from any public highway, dwelling, or public recreational area.

n.

Temporary storage building or yard for equipment, material, or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.

o.

One mobile home per lot of record used as a one-family dwelling, provided that where two or more mobile homes are located on one lot, they must be clearly incidental to a use listed under Section 7.B.2.a. or as provided in Section 7.B.3.p.

p.

One mobile home for a three-year period in addition to an existing single-family dwelling or mobile home on a lot provided it complies with the following requirements:

(1)

The mobile home may be used only by members of the immediate family for the purpose of providing assistance to those members of the family who are elderly, ill, or mentally or physically disabled as attested by a licensed physician.

(2)

The mobile home shall be connected to water and sewage disposal facilities approved by the Department of Environmental Health.

(3)

The mobile home must be placed on the property in conformance with the setback requirements and located at least 15 feet from any structures on the same or on adjoining property.

(4)

Placement of a mobile home on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties.

q.

Mobile home or recreational vehicle used as a dwelling (with connections to any utilities) during construction of a dwelling on the same premises provided such use shall be limited to a maximum period of 24 months.

r.

Amateur Radio Antenna/Tower 65 to 100 feet as measured from grade.

s.

Bed and Breakfast House.

t.

Park.

u.

Home Occupation where the business includes visits to the site from clients, customers, patients, patrons or similar individuals. Such home occupations may allow for employment of one non-family member and may be approved for a period of time not to exceed three years.

v.

Carport in the required front or side yard, provided:

1.

No part is within three feet of a property line.

2.

No building wall is ever built within a required setback area. The distance between support columns that are located within a required setback area must remain open and free of obstructions.

3.

Water run-off from the carport must not adversely affect adjacent property or the public right-of-way.

w.

Second kitchen within a single-family dwelling, provided:

1.

The kitchen is incidental to occupancy of the entire dwelling in common by members of one family.

2.

Approval will not result in two separate and distinct dwelling units, each exclusively occupied by only certain family members and separated by a solid wall without a doorway.

3.

If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the county action shall run with the land.

x.

Secondary dwelling unit, provided that the use meets the following requirements:

The lot must meet the area regulations of the underlying zone.

1.

The primary dwelling unit and secondary dwelling unit must be connected to a wastewater disposal system meeting the requirements of the Environmental Health Code.

2.

The secondary dwelling unit shall:

a)

Meet the setbacks of the underlying zone except where the Zoning Administrator determines the applicant has provided adequate justification to vary the distance; and

b)

Be located at least ten feet from any other dwelling unit or structure on the lot; and

c)

Be located a maximum of 35 feet from the primary dwelling unit except where the Zoning Administrator determines the applicant has provided adequate justification to increase the separation distance; and

d)

Not exceed 1,000 square feet or 50 percent of the size of the primary dwelling unit, whichever is less.

e)

Be designed to be architecturally harmonious with the existing primary dwelling.

3.

The lot must meet the useable open space requirement, but not the landscaping and buffer landscaping section, of the R-2 zone.

4.

In addition to the parking required for the primary dwelling unit, there shall be provided a minimum of one space for the secondary dwelling unit.

5.

A secondary dwelling unit is not permitted on a lot with an accessory living quarters, mobile home, existing secondary dwelling unit or second kitchen within a primary dwelling unit.

6.

If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the County action shall run with the land.

C.

Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

D.

Area Regulations:

1.

Minimum Lot Area and Lot Width. Every lot shall have an average width of not less than 150 feet. The minimum lot area for this zone shall be one acre, however, if the lot is in Residential Area Two as designated in the Bernalillo County Southwest Area Plan the minimum acceptable lot size of each lot is as follows:

a.

One acre if both municipal water and sewer services are available.

b.

One and one-fourth acres if municipal water and sewer services are not available.

2.

Setbacks. Minimum front yard setback shall be 25 feet, minimum side yard shall be ten feet, and the minimum rear yard shall be 25 feet, except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

3.

On any lot occupied by a mobile home, there shall be a side yard on each side of the mobile home of 15 feet in width and in no instance shall a mobile home be located nearer than 15 feet to an accessory building.

E.

Parking Requirements. Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.

(Ord. No. 319, 2-3-76; Ord. No. 78-29, 4-18-78; Ord. No. 78-31, 4-18-78; Ord. No. 78-66, 10-3-78; Ord. No. 80-45, 11-18-80; Ord. No. 83-26, 7-19-83; Ord. No. 84-11, 2-21-84; Ord. No. 90-32, 11-27-90; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-20, 10-22-13; Ord. No. 2014-11, 6-10-14; Ord. No. 2022-14, 8-9-22; Ord. No. 2022-16, 8-9-22; Ord. No. 2025-7, 1-14-2025)

A.

The regulations set forth in this section or set forth in this ordinance, when referred to in this section, are the regulations in the A-2 Rural Agricultural Zone. The purposes of this zone are to preserve the scenic and recreational values in the National Forests and similar adjoining land, to safeguard the future water supply, to provide open and spacious development in areas remote from available public services and to recognize the desirability of carrying on compatible agricultural operations and spacious home developments in areas near the fringes of urban development.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site:

1.

Prohibited Uses. The following uses are prohibited in this zone:

a.

The open storage of inoperative vehicles or auto parts;

b.

The open storage of trash or junk;

c.

The open storage of large appliances;

d.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

e.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Uses permissive in the A-1 zone except that one mobile home is allowed as a dwelling unit.

3.

Conditional Uses:

a.

Uses conditional in the A-1 zone as listed under Section 7.B.3., a. through x.

b.

One mobile home for a three-year period in addition to an existing single-family dwelling or mobile home on a lot of less than four acres, provided it complies with the following requirements:

(1)

The mobile home may be used only by members of the immediate family for the purpose of providing assistance to those members of the family who are elderly, ill, or mentally or physically disabled as attested by a licensed physician.

(2)

The mobile home shall be connected to water and sewage disposal facilities approved by the Department of Environmental Health.

(3)

The mobile home must be placed on the property in conformance with the setback requirements and located at least 15 feet from any structures on the same or on adjoining property.

(4)

Placement of a mobile home on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties.

c.

One park model travel trailer, provided it complies with the following requirements:

1.

The park model shall have a source of potable water and be connected to a liquid waste disposal system approved by Bernalillo County;

2.

The park model shall meet all requirements of the A-2 zone;

3.

The park model shall be the only dwelling unit on the property;

4.

Placement of the park model on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties;

5.

If approved, the park model travel trailer shall be maintained and kept in good repair as determined by the Zoning Administrator; and

6.

Is limited to a five-year period unless the time is extended by a new conditional use.

C.

Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

D.

Area Regulations:

1.

Minimum Lot Area and Lot Width. Every lot shall have an area of not less than two acres and an average width of not less than 150 feet.

2.

Setbacks. Minimum front yard setback shall be 25 feet, minimum side yard shall be ten feet, and the minimum rear yard shall be 25 feet, except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

3.

On any lot occupied by a mobile home, there shall be a side yard on each side of the mobile home of 15 feet in width and in no instance shall a mobile home be located nearer than 15 feet to an accessory building.

E.

Parking Requirements. Off-street parking for all uses must be provided in accordance with the regulation set forth in the Off-street Parking, Loading and Unloading Regulations Section of this ordinance.

(Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-20, 10-22-13; Ord. No. 2022-16, 8-9-22; Ord. No. 2025-7, 1-14-2025)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the R-1 Residential Zone. The purpose of this zone is to provide for the development of single-family homes on lots not less than ¾ [of an] acre in area, except that where community water and sewer facilities are made available, the lot size may be reduced consistent with development densities in the Albuquerque/Bernalillo County Comprehensive Plan. The regulations provide for the health, safety and welfare of the residents.

B.

Use Regulations. A building or premises shall be used only for the following purposes, all uses customarily incidental to the building or premises shall be maintained on site:

1.

Prohibited Uses. The following uses are prohibited in this zone:

a.

The open storage of inoperative vehicles or auto parts;

b.

The open storage of trash or junk;

c.

The open storage of large appliances;

d.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

e.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Agricultural activity, including truck gardening and nurseries, fur bearing animal farm, the raising of poultry or rabbits, dairy farming, livestock grazing, feeding, and the raising of livestock on lots containing three acres or more. On lots of less than three acres, there shall be at least 10,000 square feet of lot area for each cow or horse, and/or at least 4,000 square feet of lot area for each sheep, pig, or goat, provided that any structure/building, pen, or corral where such animal is located is at least 20 feet from any existing dwelling unit. In addition, lots one-half acre or less shall maintain a 20' setback from any property line for any structure/building where such animal is located. (This amendment shall apply to existing buildings/structures one year from the effective date, July 10, 2014.) Stands for the display or sale of home-raised agricultural products, including poultry or rabbits raised on the premises.

b.

One single-family dwelling or H.U.D. Zone Code II manufactured home per lot.

c.

Accessory building, structure, or use customarily incidental to the above uses, such building or structure shall be limited to an area of 600 square feet or less. However, greenhouses are limited to 25 percent of the rear plus side yard areas in addition to other types of accessory structures.

d.

Noncommercial library, museum, and art gallery.

e.

Recreational vehicle or boat storage in the rear yard when such recreational vehicle or boat is not to be used as accessory living quarters, and is not connected to utilities, other than temporarily to a source of electricity. Recreational vehicle used for dwelling purposes served only by electricity for lighting purposes, the use of such recreational vehicle shall be limited to a maximum of two weeks in any calendar year.

1.

In the event where rear yard access is not available, outside parking in the front yard is allowed, provided:

(a)

The body of the recreational vehicle or boat is at least 11 feet from the front property line.

(b)

No part of the unit extends onto the public right-of-way.

(c)

A corner lot is always deemed to have reasonable access to the rear yard; a fence or wall is not necessarily deemed to prevent reasonable access.

f.

Signs not exceeding eight square feet in area pertaining to the lease, hire, or sale of a premises or sale of home-raised products, provided there shall be no more than one such sign on each lot and provided further that, if illuminated, the source of such illumination shall be nonoscillating and nonflashing.

g.

Parking incidental to uses permitted in this zone, provided all vehicles which are not parked inside a building are operative and are not wholly or partially dismantled.

h.

Home occupation.

i.

Concealed Wireless Telecommunications Facility, provided that it satisfies the requirements of section 22.5 of this ordinance.

j.

Wireless Telecommunications Antenna located on a public utility structure, provided that it satisfies the requirements of section 22.5 of this ordinance.

k.

Amateur Radio Antenna/Tower up to 65 feet as measured from grade.

l.

Garage and yard sale, provided:

1.

No more than four events are allowed at a given dwelling in any calendar year. The duration of the garage or yard sale shall not exceed three consecutive days.

2.

No items shall be purchased for a garage or yard sale for the purpose of resale; items shall be of the type normally accumulated by a household.

3.

One non-illuminated, on-premises sign, not exceeding four square feet in area shall be permitted. The sign shall pertain to the garage or yard sale only and shall be permitted only for the three-day period of the sale.

m.

Shared solar facility.

n.

Secondary dwelling unit, provided that the use meets the following requirements:

1.

The lot must meet the area regulations of the underlying zone.

2.

The primary dwelling unit and secondary dwelling unit must be connected to a wastewater disposal system meeting the requirements of the Environmental Health Code.

3.

The secondary dwelling unit shall:

a)

Meet the setbacks of the underlying zone; and

b)

Be located at least ten feet from any other dwelling unit or structure on the lot; and

c)

Be located a maximum of 35 feet from the primary dwelling unit, or 40 feet for properties ½ acre or greater, or 50 feet for properties 1 acre or greater; and

d)

Not exceed 1,000 square feet or 50 percent of the size of the primary dwelling unit, whichever is less.

e)

Be designed to be architecturally harmonious with the existing primary dwelling.

4.

The lot must meet the useable open space requirement, but not the landscaping and buffer landscaping section, of the R-2 zone.

5.

In addition to the parking required for the primary dwelling unit, there shall be provided a minimum of one space for the secondary dwelling unit.

6.

A secondary dwelling unit is not permitted on a lot with an accessory living quarters, mobile home, existing secondary dwelling unit or second kitchen within a primary dwelling unit.

3.

Conditional Uses. The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set out in the administrative section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community:

a.

Accessory building or structure in excess of 600 square feet in area and incidental to the uses listed under Sections 7.B.2 and 7.B.3.

b.

Amateur Radio Antenna/Tower 65 to 100 feet as measured from grade.

c.

Church and incidental facilities.

d.

School.

e.

Day Care Center.

f.

Family Day Care Home.

g.

Temporary festivals, circuses, carnivals or activities in a tent, provided that the use or activity meets the following requirements:

(1)

The minimum lot size per use or activity shall be five acres.

(2)

All required parking shall be located on the same site with the activity or use.

(3)

The use or activity shall be at least two miles from the nearest conforming residential use.

(4)

Prior approval of the proposed use or activity must be obtained from the County Sheriff, County Fire Department, County Environmental Health, County Public Works, City of Albuquerque Air Pollution Control, and Albuquerque Metropolitan Arroyo Flood Control Authority or their authorized representative.

(5)

The hours of operation, shall be between 6:00 a.m. and 8:00 p.m. This includes the time of erection and dismantling.

(6)

The use or activity shall be limited to three days in one calendar year.

(7)

No permanent structures shall be erected.

(8)

Temporary fencing may be erected, and shall be removed within 24 hours after the activity.

h.

Real estate sales office in connection with a specific development for a period of not more than two years.

i.

Recreational facility (nonprofit) such as swimming pools or tennis clubs on sites containing not less than one acre.

j.

Temporary storage building or yard for equipment, material or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.

k.

Mobile home or recreational vehicle used as a dwelling (with connections to any utilities) during construction of a dwelling on the same premises provided such use shall be limited to a maximum period of 24 months.

l.

One mobile home for a three-year period in addition to an existing single-family dwelling or mobile home on a lot provided it complies with the following requirements:

(1)

The mobile home may be used only by members of the immediate family for the purpose of providing assistance to those members of the family who are elderly, ill, mentally or physically disabled as attested by a licensed physician.

(2)

The mobile home shall be connected to water and sewage disposal facilities approved by the Department of Environmental Health.

(3)

The mobile home must be placed on the property in conformance with the setback requirements and located at least 15 feet from any structures on the same or on adjoining property.

(4)

Placement of a mobile home on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties.

m.

Nonprofit animal facility.

n.

Park.

o.

Home Occupation where the business includes visits to the site from clients, customers, patients, patrons or similar individuals. Such home occupations may allow for employment of one non-family member and may be approved for a period of time not to exceed three years.

p.

Carport in the required front or side yard, provided:

1.

No part is within three feet of a property line.

2.

No building wall is ever built within a required setback area. The distance between support columns that are located within a required setback area must remain open and free of obstructions.

3.

Water run-off from the carport must not adversely affect adjacent property or the public right-of-way.

q.

Second kitchen within a single-family dwelling, provided:

1.

The kitchen is incidental to occupancy of the entire dwelling in common by members of one family.

2.

Approval will not result in two separate and distinct dwelling units, each exclusively occupied by only certain family members and separated by a solid wall without a doorway.

3.

If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the county action shall run with the land.

r.

Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.

s.

Community Garden.

t.

Secondary dwelling unit, provided that the use meets the following requirements:

The lot must meet the area regulations of the underlying zone.

1.

The primary dwelling unit and secondary dwelling unit must be connected to a wastewater disposal system meeting the requirements of the Environmental Health Code.

2.

The secondary dwelling unit shall:

a)

Meet the setbacks of the underlying zone except where the Zoning Administrator determines the applicant has provided adequate justification to increase the setback distance; and

b)

Be located at least ten feet from any other dwelling unit or structure on the lot; and

c)

Be located a maximum of 35 feet from the primary dwelling unit except where the Zoning Administrator determines the applicant has provided adequate justification to increase the separation distance; and

d)

Not exceed 1,000 square feet or 50 percent of the size of the primary dwelling unit, whichever is less.

e)

Be designed to be architecturally harmonious with the existing primary dwelling.

3.

The lot must meet the useable open space requirement, but not the landscaping and buffer landscaping section, of the R-2 zone.

4.

In addition to the parking required for the primary dwelling unit, there shall be provided a minimum of one space for the secondary dwelling unit.

5.

A secondary dwelling unit is not permitted on a lot with an accessory living quarters, mobile home, existing secondary dwelling unit or second kitchen within a primary dwelling unit.

6.

If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the County action shall run with the land.

C.

Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in The Supplementary Height and Area Regulations Section of this ordinance.

D.

Area Regulations:

1.

Minimum Lot Area and Lot Width. Every lot shall have a minimum area of not less than ¾ [of an] acre and a minimum lot width of 60 feet, except that where community water and sewer facilities are available, the lot area may be decreased to 8,000 square feet if located in the Developing, Established or Central Urban Areas, or 14,520 square feet if located in the Semi-Urban Area of the Albuquerque/Bernalillo County Comprehensive Plan.

2.

Front Yard:

a.

There shall be a front yard having a depth of not less than 20 feet except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

b.

Where lots have double frontage, the required front yard shall be provided on both streets.

3.

Side Yard:

a.

Except as hereinafter provided in the following paragraph and in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a side yard on both sides of a building the aggregate width of which shall be not less than 14 feet, provided, however, that neither such yard shall be less than six feet in width.

b.

Wherever a lot of record, at the effective date of this ordinance [May 17, 1973], has a width of less than 60 feet, each side yard may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet.

4.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.

E.

Parking Requirements. Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-street Parking, Loading and Unloading Regulations Section of this ordinance.

(Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-20, 10-22-13; Ord. No. 2014-11, 6-10-14; Ord. No. 2022-14, 8-9-22; Ord. No. 2022-16, 8-9-22; Ord. No. 2025-7, 1-14-2025)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the R-2 Apartment Zone. The purpose of this zone is to permit in appropriate areas a higher density of population than in one-family zones and still maintain a residential environment.

B.

Use Regulations. A building or premises shall be used only for the following purposes, all uses customarily incidental to the building or premises shall be maintained on site:

1.

Prohibited Uses. The following uses are prohibited in this zone:

a.

The open storage of inoperative vehicles or auto parts;

b.

The open storage of trash or junk;

c.

The open storage of large appliances;

d.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

e.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any Permissive Use permitted in the R-1 Residential Zone.

b.

Apartments.

c.

Multiple single family dwellings.

d.

Townhouses.

3.

Conditional Uses. The following uses may be permitted if approved by the Zoning Administrator, in accordance with the procedures and under the conditions set out in the Administrative Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood, and the community.

a.

Any Conditional Use permitted in the R-1 Residential Zone.

b.

Fraternity or sorority house.

c.

Boardinghouse.

C.

Height Regulations. Structures may exceed 26 feet in height, but any portion of a structure which exceeds 26 feet in height may not exceed a plane drawn at a 45 degree angle from the horizontal from the ground level of land zoned A-1, A-2, R-1, or M-H, which is unimproved or is improved with a conforming Permissive Use.

D.

Area Regulations:

1.

Minimum Lot Area and Lot Width. For developments of other than townhouses the minimum lot area shall be 8,000 square feet and the minimum lot width shall be 60 feet, provided community water and sewer facilities are made available. For townhouses, the minimum lot area shall be 4,000 square feet and the minimum lot width shall be 24 feet, provided community water and sewer facilities are available. If community utilities are not avail-able, then the minimum lot size shall be three-quarters [of an] acre per dwelling unit.

2.

Front Yard:

(a)

There shall be a front yard having a depth of not less than 20 feet, except as provided in the supplementary height and area regulations section of this ordinance, or for townhouses, which shall have a minimum front yard depth of ten feet, provided that the length of any driveway shall not be less than 20 feet.

(b)

Where lots have double frontage, the required front yard shall be provided on both streets.

3.

Side Yard:

(a)

Except as hereinafter provided in the following paragraphs and in the supplementary height and area regulation section of this ordinance, there shall be a side yard on both sides of a building the aggregate width of which shall be not less than 14 feet; provided, however, that neither side yard shall be less than six feet in width.

(b)

Wherever a lot of record, at the effective date of this ordinance, has a width of less than 60 feet, each side yard may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet.

(c)

There is no required side-yard setback from internal lot lines for townhouses; there shall be a five-foot setback from external lot lines of corner townhouse lots.

4.

Rear Yard. Except as hereinafter provided in the supplementary height and area regulations section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.

5.

Density. Every building hereafter erected or structurally altered for dwelling purposes shall comply with the following density requirements:

a.

A floor area ratio of 0.5 is permitted provided community water and sewer facilities are made available.

b.

If community utilities are not available, then the minimum lot area shall be three-quarters [of an] acre per dwelling unit.

E.

Parking Requirements. Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-street Parking, Loading and Unloading Section of this ordinance.

F.

Usable Open Space:

1.

Usable open space shall be provided on-site in an amount equal to 200 square feet for each efficiency or one bedroom dwelling unit, 250 square feet for each two bedroom dwelling unit, and 300 square feet for each dwelling unit containing three or more bedrooms.

2.

Where an aggregate of two or more dwelling units is constructed on any given lot, the development shall plant and maintain according to the Landscaping and Buffer Landscaping Section of this ordinance.

(Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-22, § 1, 9-26-06)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the M-H Mobile Home and Single-Family Residential Zone. The purpose of this zone is to provide for development of subdivisions or groups of contiguous parcels of land having a minimum total area of five acres or more, with a mixture of mobile homes and single-family residences on individual lots.

B.

Use Regulations. A building or premises shall be used only for the following purposes:

1.

Prohibited Uses. The following uses are prohibited in this zone:

a.

The open storage of inoperative vehicles or auto parts;

b.

The open storage of trash or junk;

c.

The open storage of large appliances;

d.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

e.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any Permissive Use permitted in the R-1 Residential Zone.

b.

One mobile home having a length of 40 feet or more per lot provided no other residence is located on the same lot.

3.

Conditional Uses. The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set out in the Administrative Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community.

a.

Any Conditional Use permitted in the R-1 Residential Zone.

b.

One mobile home for a three-year period in addition to an existing single-family dwelling or mobile home on a lot, provided it complies with the following requirements:

(1)

The mobile home may be used only by members of the immediate family for the purpose of providing assistance to those members of the family who are elderly, ill, or mentally or physically disabled as attested by a licensed physician.

(2)

The mobile home shall be connected to water and sewage disposal facilities approved by the Department of Environmental Health.

(3)

The mobile home must be placed on the property in conformance with the setback requirements and located at least 15 feet from any structures on the same or on adjoining property.

(4)

Placement of a mobile home on the property will not seriously conflict with the character of the area or be detrimental to the values of surrounding properties.

C.

Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in The Supplementary Height and Area Regulation Section of this ordinance.

D.

Area Regulations:

1.

Minimum Lot Area and Lot Width. Every lot shall have a minimum area of not less than three-quarters [of an] acre and a minimum lot width of 60 feet, except that where community water and sewer facilities are available, the lot area may be decreased to 8,000 square feet if located in the Developing, Established or Central Urban Areas, or 14,520 square feet if located in the Semi-Urban Area of the Albuquerque/Bernalillo County Comprehensive Plan.

2.

Front Yard:

a.

There shall be a front yard having a depth of not less than 20 feet, except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

b.

Where lots have double frontage, the required front yard shall be provided on both streets.

3.

Side Yard:

a.

Except as hereinafter provided in the following paragraph and in the Supplementary Height and Area Regulation Section of this ordinance, there shall be a side yard on both sides of a building the aggregate width of which shall be not less than 14 feet; provided, however, that neither such yard shall be less than six feet in width.

b.

Wherever a lot of record, at the effective date of this ordinance [May 17, 1973], has a width of less than 60 feet, each side yard may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than three feet.

c.

On any lot occupied by a mobile home there shall be a side yard on each side of the mobile home of 15 feet in width, and in no instance shall a mobile home be located nearer than 15 feet to an accessory building.

4.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulation Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.

E.

Parking Requirements. Off-street parking for all uses must be provided in accordance with the regulations set forth in the Off-street Parking, Loading and Unloading Regulations Section of this ordinance.

(Ord. No. 319, 2-3-76; Ord. No. 78-49, 7-18-78; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the regulations in the O-1 Office and Institutional Zone. The purpose of this zone is to provide sites suitable for office, service, and institutional uses.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site:

1.

Prohibited Uses:

a.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any permissive use as allowed and as regulated in the R-1 Single-Family Residential Zone and the following:

(1)

Beauty shop, barber shop.

(2)

Bed and Breakfast House.

(3)

Boarding[house] and Lodging- house.

(4)

Church, or other place of worship, including the usual incidental facilities.

(5)

Club, provided there is no liquor license.

(6)

Day spa.

(7)

Group Home.

(8)

Incidental uses within a building, most of which is occupied by offices and/or dwelling units, such as news, cigar or candy stand, restaurant, personal service shop, and the like, provided the incidental uses comply with the following:

(a)

The use is intended primarily for the use of the occupants of the structure.

(b)

At least 10,000 square feet of floor area are contained in the structure.

(c)

The use is limited to a maximum of ten percent of the total floor area.

(d)

The use is so situated within the structure that it is not directly accessible from a public right-of-way.

(9)

Institution, including library, museum, nursing or rest home, day care center, and family day care center.

(10)

Medical supplies and services, such as drug prescription and supply shop, physical therapy office, or shop for fabricating and fitting prosthetic or correction devices, or medical or dental laboratory.

(11)

Office.

(12)

Parking lot, providing it complies with the following:

(a)

If street curbs and gutters exist adjacent to the parking lot property on a side where lot egress is allowed, the surfacing shall be blacktop for the width of the egress drive(s) and shall extend inward from the property line a minimum of 25 feet along all normal lines of egress traffic flow from the lot.

(b)

The lot shall have barriers which prevent vehicles from extending over the sidewalk or abutting lots, or beyond the sides of a parking structure.

(c)

A solid wall or fence at least six feet high shall be erected on sides which abut or face land in a R-1, R-2, A-1, A-2, or M-H residential zone. However:

1.

Such wall or fence shall be three feet high in the area within 11 feet of a public sidewalk or planned public sidewalk location.

2.

If the wall or fence plus retaining wall would have an effective height of over eight feet on the residential side, the Zoning Administrator shall decide the required height; such decision shall be made by the same process and criteria required for a conditional use.

(d)

In a parking structure there shall be a six-foot solid wall on every parking level where the structure is within 19 feet of privately owned land in a residential zone.

(e)

Ingress and egress shall be designed to discourage parking lot traffic from using local residential streets for more than 150 feet, unless no reasonable alternative is available.

(f)

A parking lot hereafter developed shall include landscaping planted and maintained according to a Landscaping Plan approved by the Zoning Administrator; however, the Planning Commission may waive this requirement where it is found not useful to achieving the intent of this ordinance.

(13)

Photocopy, photography studio, (except adult photo studio).

(14)

Public utility structure (such as a transformer, switching, pumping, or similar technical installation) essential to the operation of a public utility.

(15)

Radio or television studio.

(16)

Sign provided:

(a)

Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:

1.

One freestanding, two-sided sign no higher than 16 feet.

2.

The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.

(b)

Number of Signs. Not more than one sign is permitted for any one premises with street frontage of 50 feet or less. A composite group of small signs integrated into one framed unit shall constitute one sign.

(c)

Size of Signs:

1.

The total area of any one sign face shall not exceed 32 square feet.

2.

The total aggregate of all faces of signs or combination of signs allowed for the property on which the use is located shall not exceed 130 square feet of sign area.

3.

Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for their main street frontage.

(d)

Exceptions:

1.

Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to Subsection (17)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.

2.

On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and sign face square footage limitations in Subsection (17)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business location.

(e)

Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.

(f)

Blinking and Revolving Signs. No flashing, oscillating, osculating, revolving or blinking signs shall be allowed.

(g)

Audible Devices. No sign shall have audible devices.

(h)

Amortization. See Nonconforming Uses.

(i)

Determination of Sign Size. The sign area shall be measured as follows:

1.

Square or Rectangular Sign. Length times the height of the face of the sign.

2.

Irregularly Shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.

3.

Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.

(17)

Wireless Telecommunications Facility, provided that it satisfies the requirements of section 22.5 of this ordinance, and as specifically allowed below:

(a)

Freestanding wireless telecommunications facility, up to 65 feet in height.

(b)

Collocated freestanding wireless telecommunications facility, up to 75 feet in height.

(c)

Face-mounted wireless telecommunications facility.

(d)

Roof-mounted wireless telecommunications facility, up to 6 feet above the parapet of the building on which it is placed.

(e)

Concealed wireless telecommunications facility.

(f)

Wireless telecommunications facility for which all antennas are mounted on an existing vertical structure.

(18)

Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.

(19)

Community Garden.

3.

Conditional Uses:

a.

The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and community.

(1)

Amateur Radio Antenna/Tower 65 to 100 feet as measured from grade.

(2)

Dwelling units constituting more than 25 percent of the gross floor area of a premises.

(3)

Hospital for human beings or sanatorium, provided traffic and ambulance noise will not have an adverse effect on residences in the neighborhood.

(4)

Temporary storage building or yard for equipment, material or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.

(5)

Medical clinic.

(6)

Roof-Mounted Wireless Telecommunications Facility, up to 20 feet above the parapet of the building on which it is placed, provided that it satisfies the requirements of section 22.5 of this ordinance.

(7)

School and related facilities.

C.

Height Regulations. The same regulations apply as in the R-2 Zone except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard setback having a depth of not less than 30 feet.

2.

Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, R-1, R-2, or M-H zone, in which case there shall be a side yard of not less than six feet.

3.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard setback having a depth of not less than 15 feet.

4.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.

E.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

(Ord. No. 86-19, 6-24-86; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-11, 6-10-14)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the C-N Neighborhood Commercial Zone. The purpose of this zone is to provide for retail business and services serving primarily the residents of the neighborhood and to minimize any adverse effects on nearby residential development.

B.

Use Regulations. A building or premises shall be used only for the following purposes:

1.

Prohibited Uses:

a.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any permissive use as allowed and as regulated in the R-1 Single-Family Residential Zone and the following:

(1)

Art, antique or gift shop.

(2)

Bakery goods shop or confectionery store wherein a majority of the products are sold on the premises and at retail.

(3)

Bank.

(4)

Beauty and barber shop.

(5)

Book or stationery store.

(6)

Church, including the usual incidental facilities, mission (rescue), or revival meeting place.

(7)

Medical Clinic.

(8)

Drugstore.

(9)

Feed Store (retail) provided all outside storage is enclosed by a solid wall or fence six feet high on all sides.

(10)

Hardware Store.

(11)

Grocery, fruit, vegetable or delicatessen store, meat market.

(12)

Laundry, washateria,

laundromat.

(13)

Newsstand.

(14)

Nursery or greenhouse provided all outside storage other than plant material is enclosed by a six-foot solid wall or fence on all sides.

(15)

Office.

(16)

Restaurant.

(17)

Service Station, including the sale of liquefied petroleum gas for consumption but not for resale, provided it complies with the following requirements:

(a)

Limited to two pump islands containing not more than three pumps each.

(b)

Any tube or tire repairing, minor auto repair or battery charging shall be conducted within a completely enclosed building.

(c)

If any lubricating, storage or washing is done outside a building, a solid wall or fence six feet high shall be maintained between such activity and any abutting property.

(18)

Sign provided:

(a)

Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:

1.

One freestanding, two-sided sign no higher than 16 feet.

2.

The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.

(b)

Number of Signs. Not more than one sign is permitted for any one business with street frontage of 50 feet or less. Not more than two signs are permitted for any one business with more than 50 feet of street frontage. A composite group of small signs integrated into one framed unit shall constitute one sign.

(c)

Size of Signs:

1.

The total area of any one sign face shall not exceed 32 square feet.

2.

The total aggregate of all faces of signs or combination of signs allowed for the property on which the use is located shall not exceed 130 square feet of sign area.

3.

Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for their main street frontage.

(d)

Exceptions:

1.

Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to Subsection (18)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.

2.

On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and square footage limitations in Subsection (18)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business location.

(e)

Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.

(f)

Blinking and Revolving Signs. No flashing, oscillating, osculating, revolving or blinking signs shall be allowed.

(g)

Audible Devices. The sign shall have no audible devices.

(h)

Amortization. See Nonconforming uses, Section 23.A.(1)c.

(i)

Determination of Sign Size. The sign area shall be measured as follows:

1.

Square or Rectangular Sign. Length times the height of the face of the sign.

2.

Irregularly-shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.

3.

Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.

(19)

Stand for the sale of fruit, vegetables, or nursery stock.

(20)

Firewood sales yard, provided it complies with the following:

(a)

No wood may be stored closer than ten feet to any property line or within ten feet of any structure.

(21)

Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.

(22)

Community Garden.

3.

Conditional Uses:

a.

The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in Section 24 of this Ordinance.

(1)

Amateur radio antenna/tower 65 to 100 feet as measured from grade.

(2)

Cleaning (clothes) agency or clothes pressing establishment provided that:

(a)

All activities are conducted within an enclosed building.

(b)

Not more than three persons are engaged, exclusive of pressers and office, clerical or delivery personnel.

(c)

The establishment is operated principally as a retail business, and

(d)

That portion of the building in which any cleaning process is done shall be at least 50 feet from any A-1, R-1, A-2, M-H or R-2 zone.

(3)

Clothing or shoe store, dry goods store, tailor, custom dressmaking or millinery shop.

(4)

Drive-in/Drive-thru establishment such as a bank, drugstore, restaurant, food store, refreshment stand provided that a solid wall or fence at least six feet high is erected along the side of all areas abutting or contiguous to any A-1, A-2, R-1, R-2, or M-H zone or any conforming residential use and further provided that there is adequate on-site space for vehicle queuing and the vehicle movement plan is approved by the County.

(5)

Florist.

(6)

Garage for automotive repair provided it complies with the following:

(a)

Any automotive repair shall be conducted within a completely enclosed building located at least 20 feet from any A-1, R-1, R-2, M-H, or A-2 property.

(b)

Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

(7)

Commercial animal establishment and nonprofit animal facility.

(8)

Hospital for animals, kennels, provided there is no outside kennel or pen. Outside exercise runs may be provided and must comply with the following:

(a)

A run must be enclosed with a solid wall or fence at least six feet high.

(b)

Only one animal permitted in the run at any one time.

(c)

No small animals permitted to remain in the run overnight.

(9)

Interior decorating shop.

(10)

Jewelry store.

(11)

Notions store.

(12)

Paint store.

(13)

Pet shop, bird store, taxidermist.

(14)

Photography studio.

(15)

Shoe repair shop, shoeshine stand.

(16)

One mobile home for a watchman or caretaker on the same lot or parcel of land with a commercial building or use, provided such mobile home is not used as a commercial unit.

(17)

Studio for instruction in music or dance.

(18)

Mixed use development with residential and nonresidential uses combined in the same building or buildings. The nonresidential uses are limited to those allowed as permissive or conditional in the C-1 zone, plus incidental activities such as the creation of arts and craft items for resale or similar activities.

(19)

Secondary dwelling unit, provided that the use meets the following requirements:

(a)

The lot must meet the minimum area regulations enumerated in the R-1 zone.

(b)

The primary dwelling unit and secondary dwelling unit must be connected to a wastewater disposal system meeting the requirements of the Environmental Health Code.

(c)

The secondary dwelling unit shall:

i.

Meet the setbacks of the underlying zone; and

ii.

Be located at least ten feet from any other dwelling unit or structure on the lot; and

iii.

Be located a maximum of 35 feet from the primary dwelling unit; and

iv.

Not exceed 1,000 square feet or 50 percent of the size of the primary dwelling unit, whichever is less.

(d)

The lot must meet the Useable Open Space Requirement, but not the Landscaping and Buffer Landscaping Section, of the R-2 zone.

(e)

In addition to the parking required for the primary dwelling unit, there shall be provided a minimum of one space for the secondary dwelling unit.

(f)

A secondary dwelling unit is not permitted on a lot with an accessory living quarters, mobile home, secondary dwelling unit or second kitchen within a primary dwelling unit.

(g)

If authorized, the Zoning Administrator shall record the terms of the action with the County Clerk, together with a signed acceptance of such terms by the owners. The terms of the County action shall run with the land.

C.

Height Regulations. The same regulations apply as in the R-2 zone, except as provided in Section 22 of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

2.

Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, M-H, R-1, or R-2 zone, in which case there shall be a side yard of not less than six feet.

3.

Rear Yard. Except as hereinafter provided in Section 22, there shall be a rear yard having a depth of not less than 15 feet.

4.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 21 of this ordinance.

5.

Floor Area. The gross building floor area occupied by any one business shall not exceed 4,000 square feet.

(Ord. No. 227, 8-7-73; Ord. No. 3-77, 2-25-77; Ord. No. 84-11, 2-21-84; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-11, 6-10-14; Ord. No. 2022-16, 8-9-22)

A.

The regulations set forth in this section, or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the C-1 Neighborhood Commercial Zone. The purpose of this zone is to provide suitable sites for office, service, institutional, and limited commercial uses to satisfy the day-to-day needs of nearby residential areas and to minimize any adverse effect on nearby residential development.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.

1.

Prohibited Uses.

a.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Any permissive use allowed and as regulated in the O-1 Office and Institutional Zone and the following:

(1)

Automobile, motorcycle, bicycle, motorized bicycle (moped), all terrain vehicle, and small engine repairing, including emissions testing, but no bodywork. Repairing shall be done within a completely enclosed building at least 20 feet from any residential zone. Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

(2)

Banking and loaning money.

(3)

Car wash.

(4)

Commercial animal establishments and nonprofit animal facility.

(5)

Delivery service.

(6)

Drive-thru facilities such as banks, drugstores, dry cleaners, restaurants and similar uses provided there is adequate on-site space for vehicle queuing and the vehicle movement plan is approved by the county.

(7)

Drugstore.

(8)

Dry cleaning, laundry, clothes pressing, provided:

(a)

Only nonflammable or noncombustible materials are used in the cleaning process.

(b)

The number of persons employed in the establishment is limited to three, excluding pressers, office, clerical, or delivery personnel.

(c)

That portion of the structure in which any cleaning process is done is at least 50 feet from A-1, A-2, R-1, R-2, or M-H zone.

(9)

Health gymnasiums.

(10)

Interior decorating.

(11)

Laundromat.

(12)

Medical clinic.

(13)

Retail sales of the following goods, plus incidental retailing of related goods and incidental service or repair, provided it is not listed as a conditional use in this zone, and with the following limitations:

(a)

Arts and crafts objects retail sales, supplies plus their incidental creation, provided there is little or no reproduction of substantially identical objects.

(b)

Auto parts and supply retail sales.

(c)

Bakery goods shop or confectionery store wherein a majority of the products are sold on the premises and at retail costs.

(d)

Bicycle and motorized bicycle (moped) sales and rental, provided that outdoor display is permitted only 50 feet or more from any residential zone.

(e)

Books, magazines, newspapers, stationery for retail sales, but not an adult bookstore.

(f)

Clothing, shoes, drygoods for retail sales.

(g)

Cosmetics, notions, hobby supplies for retail sales.

(h)

Feed store (retail) provided all outside storage is enclosed by a solid wall or fence six feet high on all sides abutting A-1, A-2, R-1, R-2, or M-H property.

(i)

Flowers and plants, including minor and incidental outdoor sales.

(j)

Grocery store.

(k)

Hardware store.

(l)

Jewelry.

(m)

Musical instruments and supplies.

(n)

Nursery or greenhouse provided all outside storage other than plant material is enclosed by a six-foot high solid wall or fence on all sides.

(o)

Package Liquor Store.

(p)

Paint store.

(q)

Pet shop and/or pet grooming, provided there are no outside pens.

(r)

Photographic equipment.

(s)

Sporting goods.

(t)

Service station, including the sale of liquefied petroleum gas, but not for resale, provided any tube or tire repairing, minor auto repair or battery charging shall be conducted within a completely enclosed building.

(u)

Tailoring, dressmaking.

(14)

Restaurant provided:

(a)

There shall be no drive-in restaurant; and

(b)

The sale of beer, wine, and/or spirits may be sold under a Restaurant Liquor License, Small Brewers Liquor License, Winegrowers Liquor License (Without a vineyard), and/or Craft Distiller Liquor License, including manufacturing of beer, wine, and/or spirts for on-site consumption or package sale.

(15)

Shoe repair shop, shoeshine stand.

(16)

Small animal clinic.

(17)

Sign, on-premises provided:

(a)

Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:

1.

One freestanding, two-sided sign no higher than 16 feet.

2.

The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way, provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.

(b)

Number of Signs. Not more than one sign is permitted for any one premises with street frontage of 50 feet or less. A composite group of small signs integrated into one framed unit shall constitute one sign.

(c)

Size of Signs:

1.

The total area of any one sign face shall not exceed 32 square feet.

2.

The total aggregate of all faces of signs or combination of signs allowed for the property on which the use is located shall not exceed 130 square feet of sign area.

3.

Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for its main street frontage.

(d)

Exceptions:

1.

Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to subsection (17)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.

2.

On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and sign face square footage limitations in Subsection (17)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business.

(e)

Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.

(f)

Blinking and Revolving Signs. No flashing or blinking signs except time and temperature signs shall be allowed within 200 feet of any residential zone. Revolving signs shall not revolve at speeds exceeding eight RPM. No power pack units shall be allowed.

(g)

Audible devices. No sign shall have audible devices.

(h)

Amortization. See Nonconforming Uses.

(i)

Determination of Sign Size. The sign area shall be measured as follows:

1.

Square or Rectangular Sign. Length times the height of the face of the sign.

2.

Irregularly-shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.

3.

Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.

(18)

Sign, Off-premises Provided:

(a)

It is located on private property outside the established public right-of-way as it may apply to properties along freeways or the Interstate system. When located on private property other than as described above, the following setback measurement from the property line along the abutting street or highway shall be as follows:

(b)

The maximum height of the top of the sign shall not exceed 30 feet from grade level at the base of the sign. Allowable cutouts or extensions shall not constitute the top of the sign providing they do not extend more than five feet above the top of the sign surface, and total square footage of such cutouts extending beyond the sign facing shall not result in total square area exceeding 400 feet for the entire sign and cutouts. Advertising structures which are oriented toward freeway traffic and are located within 200 feet of [a] freeway right-of-way may not exceed 30 feet above the ground level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the advertising structure, whichever is higher. (No sign shall have its lowest point less than 12 feet above ground over public right-of-way. No sign except a wall sign, shall be between three and eight feet above the grade line within ten feet of a street public right-of-way line.)

(c)

No flashing, blinking or intermittent lights shall be permitted, and no sign shall be illuminated by red, green, or amber lights which interfere with a traffic control signal or device. No power pack units shall be allowed.

(d)

The total area of all signs on the property does not exceed the combined total area permitted for on-premises signs, plus the area permitted for one off-premises sign in that zone, and in no event shall any one sign exceed 400 square feet. Sign area shall not include an ornamental base or skirt area provided it does not display advertising copy or exceed 36 inches in its vertical dimension; however, the sign owner's name may be displayed thereon in accordance with State Law.

(e)

No billboard within 660 feet of the nearest public right-of-way of a major street or highway shall be nearer than 500 feet to any other off-premises sign or billboard if both signs are designed to be read by traffic moving in the same direction. But this spacing requirement shall not apply to the distance between two off-premises signs which are separated by a building or other obstruction in such a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. This provision shall not prevent the installation of double-faced, back-to-back or V-type advertising displays, providing the maximum separation of sign faces does not exceed ten feet.

(f)

No freestanding billboard or advertising sign shall be nearer than 100 feet to any occupied residential zone.

(g)

Signs installed contrary to zoning regulations in force at the time of installation are subject to immediate removal under the terms of the Administrative Subsection A.2.g. of this ordinance.

(19)

School and related facilities.

(20)

Farmers Market, provided the event is issued a Special Event's permit by Bernalillo County.

(21)

Community Garden.

(22)

Mobile food establishment provided:

(a)

The mobile food establishment has written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept and maintained in the mobile food establishment and made available for review by any County inspector at all times during the operation of the mobile food establishment at the site.

(b)

The mobile food establishment must provide trash receptacles and remove them after use.

(c)

The mobile food establishment does not obstruct any designated ingress or egress from the property, or any designated drive aisle.

(d)

The mobile food establishment does not occupy more than ten percent of required off-street parking spaces for other uses on the property.

(e)

No more than two mobile food establishments can operate on any lot and cannot cumulatively occupy more than ten percent of required off-street parking spaces for other uses on the property.

(f)

The mobile food establishment is located on an improved surface.

3.

Conditional Uses:

a.

The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community.

(1)

Amateur radio antenna/tower 65 to 100 feet as measured from grade.

(2)

Hospital for animals, and kennel, provided it is in a completely enclosed building.

(3)

Hospital for human beings or sanatorium nursing home, provided traffic and ambulance noise will not have an adverse effect on residences in the neighborhood.

(4)

Mortuary.

(5)

One mobile home for a watchman or caretaker on the same lot or parcel of land with a conforming or nonconforming use, provided such mobile home is not used as a commercial or industrial unit, and, further, provided that no other residential dwelling unit is located on the same lot or parcel.

(6)

Stand for the sale of fruit, vegetables, or nursery stock.

(7)

Temporary storage building or yard for equipment, material or activity incidental to a specific construction project but not to exceed one year, unless the time is extended by the Zoning Administrator.

(8)

Roof-mounted wireless telecommunications facility, up to 20 feet above the parapet of the building on which it is placed, provided that it satisfies the requirements of section 22.5 of this ordinance.

(9)

Mixed-use development with residential and nonresidential uses combined in the same building or buildings. The nonresidential uses are limited to those allowed as permissive or conditional in the C-1 zone, plus incidental activities such as the creation of arts and craft items for resale or similar activities.

(10)

Apartments and townhouses as regulated in the R-2 zone.

(11)

Multiple single-family dwellings, as regulated in the R-2 zone.

(12)

Restaurant serving liquor.

(13)

The retail sale of beer, wine, and/or spirits without a restaurant, with a small brewers liquor license, including manufacturing of beer for on-site consumption or sale, a winegrowers liquor license, including manufacturing (excluding vineyard) of wine on site for on-site consumption or sale, and/or craft distiller liquor license, including manufacturing of spirits for on-site consumption or sale.

(14)

Drive-in restaurant or refreshment stand provided the site is enclosed by a solid wall or fence six feet high on all sides abutting or contiguous to A-1, A-2, R-1, R-2, or M-H property, provided there are no audible devices.

(15)

Mobile food establishment court, provided that:

(a)

A restroom which meets the requirements of health protection codes is available to the public within 200' during all hours of operation;

(b)

All mobile food establishments are separated by at least 5';

(c)

Mobile food establishments and any associated tables, chairs, displays, umbrellas, or the like, must be appropriately secured and cannot obstruct any designated ingress or egress from the property, or designated drive aisle;

(d)

Mobile food establishments and any assorted tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food establishment is operating outside of the business hours of the on-premise uses;

(e)

Surfacing and parking is provided at the discretion of the Zoning Code;

(f)

A site plan is provided to and approved by the Zoning Administrator;

(g)

Signage is restricted to those permissive within the C-1 Zone.

(h)

Any mobile food establishment continuously parked on the site and operating operated during that time, it must meet health protection requirements for self-contained mobile food establishments or return to an approved commissary as required by Health Protection.

(16)

Indoor Shooting Range, provided:

(a)

Provide noise attenuation study certified by a licensed professional engineer. Noise attenuation shall meet the requirements of the Bernalillo County Noise Ordinance.

(b)

Follow best management practices for lead, as outlined by the Environmental Protection Agency (EPA-902-B-01-001) or as updated.

(c)

All site features are as listed in the underlying zone.

C.

Height Regulations. The same regulations apply as in the R-2 zone except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

2.

Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, R-1, R-2 or M-H zone, in which case there shall be a side yard of not less than six feet.

3.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.

4.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.

E.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

(Ord. No. 3-77, 2-25-77; Ord. No. 80-45, 11-18-80; Ord. No. 84-11, 2-21-84; Ord. No. 87-13, 5-19-87; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 05-2, § 1, 2-8-05; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2007-13, § 1, 8-28-07; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-11, 6-10-14; Ord. No. 2016-13, 4-12-16; Ord. No. 2021-29, 12-14-21; Ord. No. 2021-30, 12-14-21; Ord. No. 2024-6, 1-23-24; Ord. No. 2024-7, 1-23-24; Ord. No. 2025-8, 1-14-2025)

A.

The regulations set forth in this section, or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the C-2 Community Commercial Zone. The purpose of this zone is to provide for commercial uses and to regulate such uses in such a manner as to provide for appropriate community commercial uses.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building and premises shall be maintained on site.

1.

Prohibited Uses.

a.

Any use not designated a permissive use or conditional use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2

Permissive Uses:

a.

Any permissive and conditional use allowed and as regulated in the C-1 Neighborhood Commercial Zone, with the exception of apartments and multiple single family dwellings, and the following permissive uses:

(1)

Bus or rail passenger terminal.

(2)

Garage for automotive repair, provided it complies with the following:

(a)

Any automotive repair, including paint and body work, shall be conducted within a completely enclosed building located at least 20 feet from any A-1, A-2, R-1, R-2, or M-H property.

(b)

Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

(3)

Hotel or motel.

(4)

Indoor amusement enterprise including auditorium, billiard or pool hall, bowling alley, boxing arena, dancehall, game of skill, theater, penny arcade, shooting gallery, skating rink, swimming pool.

(5)

Retail store business, or shop in which products may be manufactured, compounded, processed, assembled, or treated, incidental to the retail operation including carpentry, ceramics, fabric cutting and sewing, furniture making, upholstering, sign painting, making of rubber or metal stamps, interior decorating, catering, baking, confectionery making, weaving, or jewelry or curio making, provided it complies with the following requirements:

(a)

All activities shall be conducted within a completely enclosed building, and any outside storage shall be enclosed by a six-foot solid wall or fence.

(b)

The number of persons engaged in the manufacturing, processing, assembling, or treating of products shall be limited to ten, excluding office, clerical, or delivery personnel.

(c)

Any such store shall be operated principally as a retail business.

(d)

Activities or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other cause.

(6)

Retailing of any consumer product and provision of any customer, personal, or business service, provided it is not listed as a conditional use in this zone, and with the following limitations:

(a)

Automobile, truck, trailer, recreational vehicle, motorcycle, and all terrain vehicle sales, provided that any such area be surfaced with higher-type paving, and a solid wall or fence six feet high shall be maintained along any side of such are abutting or contiguous to any A-1, A-2, R-1, R-2, or M-H zone.

(b)

Auto, trailer, recreational vehicle, motorcycle, and all terrain vehicle, and truck rental, service, or storage, provided the lot is graded and surfaced as follows:

1.

Blacktop or equal. Two inches of asphaltic concrete on a prime coat and a four inch compacted subgrade, or a surface of equal or superior performance characteristics.

2.

Such paving shall be maintained level and serviceable.

3.

Such vehicles shall not exceed 35 feet in length, 12 feet in height, or have a registered gross vehicle weight capacity of 26,000 pounds. The body if trailers shall not be over 14 feet long unless it is a recreational vehicle.

4.

No such vehicles shall be truck tractors or road tractors.

5.

Parked or stored vehicles shall not cover more than 25 percent of the premises.

6.

A fence or wall which prevents vehicles from extending beyond the property line shall be erected. However, if the wall or fence plus retaining wall would have an effective height of over eight feet on the residential side, the Zoning Administrator shall decide the required height; such decision shall be made by the same process and criteria required for a conditional use.

(c)

Trucks and trailers parked outdoors for rental or storage, provided:

1.

Such vehicles shall not exceed 35 feet in length, 12 feet in height, or have a registered gross vehicle weight capacity of 26,000 pounds. The body of trailers shall not be over 14 feet long unless it is a recreational vehicle.

2.

No such vehicles shall be truck tractors or road tractors.

3.

Parked or stored vehicles shall not cover more than 25 percent of the premises.

4.

A fence or wall which prevents vehicles from extending beyond the property line shall be erected. However, if the wall or fence plus retaining wall would have an effective height of over eight feet on the residential side, the Zoning Director shall decide the required height; such decision shall be made by the same process and criteria required for a conditional use.

(d)

Drive-in restaurant or refreshment stand, provided the site is enclosed by a solid wall or fence six feet high on all sides abutting or contiguous to A-1, A-2, R-1, R-2, or M-H property, provided there are no audible devices.

(e)

Furniture, hardware, or home appliance store.

(f)

Hospital for animals, kennels.

(g)

Lumberyard and building material sales (retail) provided all storage is within a building or enclosed by a six-foot solid wall or fence on all sides, and provided further that products, items or materials stored on the site are not stacked to a height above the height of the required wall or fence.

(h)

Printing, publishing, lithographing, blueprinting or photostating establishment.

(7)

Rental or sale of household, yard, and garden equipment, provided all storage is contained within an enclosed building or enclosed by a six-foot high solid wall or fence on all sides abutting A-1, A-2, R-1, R-2, or M-H property.

(8)

Reserved.

(9)

Sign provided:

(a)

Location Criteria. It is located on private property and advertises, identifies, or directs to a use currently conducted on the same premises. The location of such signs must comply with the following requirements:

1.

A freestanding sign may not overhang into the public right-of-way.

2.

The outer edge of a wall sign may protrude up to one foot over the property line into the public right-of-way, provided the bottom edge of the sign is eight feet or more above the curb or sidewalk grade.

(b)

Number of signs. One freestanding or projecting sign shall be permitted for each street frontage of each premises or joint sign premises which has at least 100 feet of street frontage, or one per 300 feet of total street frontage (e.g., up to two signs allowed if 630 feet of frontage), whichever is more permissive.

(c)

Size of Signs:

1.

The total aggregate of all faces of signs or combinations of signs allowed for the property on which the use is located shall not exceed 150 square feet of sign area for the first 50 feet of street frontage and one square foot of sign area for each additional foot of street frontage.

2.

Business fronting on more than one street will be allowed additional square footage of sign area to the extent of 50 percent of that allowed for their main street frontage.

3.

For every linear foot of distance that a sign is set back from the nearest street right-of-way line, an increase of one square foot of sign area is permitted. However, this additional allowance will not be permitted if the sign is located within 75 feet of any residential zone.

(d)

Height. The height of a sign is measured from grade level at the base of the sign to the top of the highest part of the sign surface. The maximum height of any freestanding sign shall not exceed 26 feet. A sign mounted on or attached to a building may extend up to but not more than five feet above the height of the building, provided no direct illumination shall be visible from the rear of the sign.

(e)

Exceptions:

1.

Signs having less than four square feet in area per sign face and manufacturer's product display racks are considered as exceptions to Subsection (10)(b) and (c) supra, provided no customer service area shall extend closer than ten feet to the nearest right-of-way line of a public street.

2.

On-premises signs without advertising, directing on-premises customer traffic or directing to specific customer service areas, shall be allowed in excess of the number and square footage limitations in Subsection (10)(b) and (c) supra, provided the aggregate area of such signs shall not exceed 20 square feet per business location.

3.

Businesses oriented toward freeway traffic and which are located within 300 feet of the termination of a freeway access control line at any on-ramp or off-ramp of a freeway shall be permitted one freestanding on-premises sign consisting of one name and/or emblem which shall not be included in the computation of total allowable sign area specified in Subsection (10)(c) supra, but shall be included as one of the maximum number of signs allowed per business provided.

(f)

Illuminated Signs. Illuminated signs, except illuminated clocks, thermometers, and illuminated signs within a building, shall be turned off at 11:00 p.m. or closing, whichever is later. No illuminated signs shall be so located as to shine directly into adjacent conforming residential property.

1.

Such sign shall not exceed a total of 480 square feet in area.

2.

The height of such sign shall not exceed 26 feet above the grade level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the site, whichever is higher.

(g)

Blinking and Revolving Signs. No flashing or blinking signs except time and temperature signs shall be allowed within 200 feet of any residential zone. Revolving signs shall not revolve at speeds exceeding 8 RPM. No power pack units shall be allowed.

(h)

Audible Devices. No sign shall have audible devices.

(i)

Amortization. See Nonconforming Uses.

(j)

Determination of Sign Size. The sign area shall be measured as follows:

1.

Square or Rectangular Sign. Length times the height of the face of the sign.

2.

Irregularly-shaped Sign. Area of rectangles, circles, ovals, triangles, or a combination thereof, necessary to enclose the face of the sign.

3.

Sign Made of Individual Cutout Letters. Sum of the area of the rectangles or triangles necessary to enclose each letter.

(10)

Billboard provided:

(a)

It is located on undeveloped property outside the established public right-of-way as it may apply to properties along freeways or the interstate system. When located on private property other than as described above, the following setback measurement from the property line along the abutting street or highway shall be as follows:

(b)

The maximum height of the top of the sign shall not exceed 30 feet from grade level at the base of the sign. Allowable cutouts or extensions shall not constitute the top of the sign, providing they do not extend more than five feet above the top of the sign surface, and total square footage of such cutouts extending beyond the sign facing shall not result in total square area exceeding 400 feet for the entire sign and cutouts. Advertising structures which are oriented toward freeway traffic and are located within 200 feet of freeway right-of-way may not exceed 30 feet above the grade level at the base of the sign or 26 feet above the elevation of the freeway at its closest point to the advertising structure, whichever is higher.

(c)

No flashing, blinking or intermittent lights shall be permitted, and no billboard shall be illuminated by red, green, or amber lights which interfere with a traffic control signal or device. No power pack units shall be allowed.

(d)

The total area of all signs on the property does not exceed the combined total area permitted for on-premises signs, plus the area permitted for one off-premises sign in that zone, and in no event shall any one sign face exceed 400 square feet. Sign area shall not include an ornamental base or skirt area, provided it does not display advertising copy or exceed 36 inches in its vertical dimension; however, the sign owner's name may be displayed thereon in accordance with State Law.

(e)

No billboard within 660 feet of the nearest public right-of-way of a major street or highway shall be nearer than 500 feet to any other off-premises sign or billboard if both signs are designed to be read by traffic moving in the same direction. But this spacing requirement shall not apply to the distance between two off-premises signs which are separated by a building or other obstruction in such a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. This provision shall not prevent the erection of double-faced, back-to-back or V-type advertising displays, providing the maximum separation of signs are ten feet.

(f)

No freestanding billboard or advertising sign shall be nearer than 100 feet to any occupied residential zone.

(11)

Taxidermist.

(12)

Transfer of storage of household goods including self-storage miniwarehouses, provided:

(a)

Ingress and egress is available form an arterial or collector street shown on the adopted Long Range Major Street Plan.

(b)

Parking and maneuvering of vehicles is permitted only off the street in a parking area approved by the Zoning Administrator.

(c)

Outside lighting is so located, screened, or shaded so as not to reflect off the premises.

(d)

All storage is within completely enclosed one-story structures not to exceed 12 feet in height.

(e)

The site must be enclosed by a solid wall or fence on all sides facing or abutting A-1, A-2, R-1, R-2 or M-H zoning.

(13)

Mobile food establishment court, provided that:

(i)

A restroom which meets the requirements of health protection codes is available to the members of the public within 200 during all hours of operation

(ii)

All mobile food establishments are separated by at least 5';

(iii)

Mobile food establishments and any associated tables, chairs, displays, umbrellas, or the like, must be appropriately secured and cannot obstruct any designated ingress or egress from the property, or designated drive aisle;

(iv)

Mobile food establishments and any assorted tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food establishment is operating outside of the business hours of the on-premise uses;

(v)

Surfacing and parking is provided at the discretion of the Zoning Code;

(vi)

A site plan is provided to and approved by the Zoning Administrator;

(vii)

Signage is restricted to those permissive within the C-1 Zone.

(viii)

Any mobile food establishment continuously parked on the site and operating operated during that time, it must meet health protection requirement for self-contained mobile food establishments or return to an approved commissary as required by Health Protection.

(14)

Indoor Shooting Range, provided:

(a)

Applicant must provide noise attenuation study certified by a licensed professional engineer. Noise attenuation shall meet the requirements of the Bernalillo County Noise Ordinance.

(b)

Site operations must follow best management practices for lead, as outlined by the Environmental Protection Agency (EPA-902-B-01-001) or as updated.

(c)

All site features are as listed in the underlying zone.

3.

Conditional Uses:

a.

The following uses may be permitted if approved by the Zoning Administrator in accordance with the procedures and under the conditions set forth in the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and community.

(1)

Adult amusement establishment, as regulated by Section 17.5 of this ordinance.

(2)

Amusement enterprise, provided any lighting shall be so located, screened or shaded so as not to reflect off the premises as follows:

(a)

Baseball batting or archery range, provided the area shall be fenced or otherwise designed to prevent any balls or arrows from going off the premises.

(b)

Circus, carnival, or enterprise of similar type, provided it be located at least 300 feet from any dwelling which is a conforming use, shall be permitted at one location for a period of not more than seven days. The hours of operation, including the time of erection and dismantling of equipment, shall be between 6:00 a.m. and 12:30 a.m.

(c)

Golf driving range, including commercial activities specifically related to the operation of the use, such as pro shop for the sale or rental of golf equipment, and the usual concession stands, provided the site contains at least six acres and that fencing shall be provided, or the use so designed as to prevent balls from being driven off the premises.

(d)

Kart track, including "go-cart" track and similar facility, provided that the site contains at least three acres; the track shall be located at least 1,000 feet from any dwelling and at least 100 feet from any public way; the spectator area shall be protected from the vehicular area by suitable fencing, bumpers or other protective devices; any off-street parking area shall be subject to regulations as defined for a parking lot; and hours of operation shall be between 9:00 a.m. and 10:00 p.m.

(e)

Children's amusement park, provided that amusement devices shall be located at least 300 feet from any dwelling; hours of operation shall be between 9:00 a.m. and 10:00 p.m.; any public address system shall be modulated; any off-street parking area shall be subject to regulations as defined for a parking lot; ponies shall be permitted on the premises only during the hours of operation; and the site shall be enclosed by a wall or fence at least six feet high.

(f)

Jump net center.

(g)

Miniature golf course.

(h)

Pony riding, rodeo grounds, polo field without stables, provided any such use shall be located at least 300 feet from any dwelling.

(i)

Swimming pool operated as a commercial enterprise including commercial activities specifically related to such use, such as the sale or rental of swimming equipment and the usual concession stands, provided any such use shall be enclosed by a wall or fence at least eight feet high. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m.

(3)

Auction yard or structure or flea market, provided:

(a)

Off-street parking area is clearly separated from the sales area.

(b)

Ingress and egress to the parking areas is directly to arterial or collector streets.

(c)

Where sales activities are conducted out of doors, the area must be enclosed by a solid wall or fence at least six feet high on all sides facing or abutting A-1, A-2, R-1, R-2 and M-H property.

(4)

Firewood sales yard, provided it complies with the following:

(a)

All outside storage is enclosed by a solid wall or fence at least six feet high on all sides abutting any A-1, A-2, R-1, R-2 or M-H zone, and further provided that wood may not be stacked above the plane established by the top of the surrounding wall when a wall is required.

(b)

No wood may be stored closer than ten feet to any property line or within ten feet of any structure.

(c)

Any driveway or area accessible to motor vehicles shall be surfaced with gravel, oil, or other higher-type paving.

(5)

Blood Bank, Plasma Center.

(6)

Bar and Lounge.

(7)

Apartments as regulated in the R-2 Zone.

(8)

Multiple single-family dwellings.

(9)

Outdoor live entertainment. (From the date the ordinance became effective, July 11, 2013.)

C.

Height Regulations. The same regulations apply as in the R-2 zone except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

2.

Side Yard. No side yard is required except for buildings or parts of buildings hereafter erected or structurally altered for residential use, in which case, the side yard regulations of the R-1 zone shall apply. In all other cases, a side yard is required only on the side of a lot abutting an A-1, A-2, R-1, R-2, or M-H zone, in which case there shall be a side yard of not less than six feet.

3.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulations Section of this ordinance, there shall be a rear yard having a depth of not less than 15 feet.

4.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces and loading and unloading spaces shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance.

E.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

(Ord. No. 86-19, 6-24-86; Ord. No. 87-28, 10-20-87; Ord. No. 92-18, 12-15-92; Ord. No. 97-15, 10-8-97; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 05-2, § 1, 2-8-05; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-15, 6-11-13; Ord. No. 2016-13, 4-12-16; Ord. No. 2024-7, 1-23-24; Ord. No. 2025-8, 1-14-2025)

A.

The regulations set forth in this section, or set forth elsewhere in this ordinance, when referred to in this section are the regulations in the Commercial/Light Industrial Zone. The purpose of this zone is primarily for community commercial uses, light manufacturing, light fabricating, warehousing, and wholesale distribution with off-street loading and off-street parking for employees, and with ready access to arterial highways or railroads. The regulations in this zone provide for the health, safety and welfare of the residents. The Commercial/Light Industrial Zone is suitable for mapping in areas adjacent to the M-1 or M-2 zones or in areas defined as commercial, industrial or primary employment centers in adopted Sector Development or Area Plans.

B.

Use Regulations:

1.

Prohibited Uses. The following uses are prohibited in this zone: Church and any residential use, except that each individual use may provide accommodations for one security resident employed on the premises, provided that such accommodations are not used as rental property. However, mixed use development may be permitted as noted under conditional uses in this section.

2.

Permissive Uses. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.

a.

Amateur Radio Antenna/Tower up to 65 feet as measured from grade.

b.

Arts and crafts objects retail sales, supplies plus their incidental creation.

c.

Automobile, motorcycle, bicycle, motorized bicycle (moped), all terrain vehicle, and small engine repairing, but no bodywork. Repairing shall be done within a completely enclosed building at least 20 feet from any residential zone. Storage of not more than five automobiles awaiting repair shall be permitted provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

d.

Auto parts and supply retail sales.

e.

Bakery goods shop or confectionery store wherein a majority of the products are sold on the premises and at retail costs.

f.

Banking and loaning money.

g.

Bicycle and motorized bicycle (moped) sales and rental, provided that outdoor display is permitted only 50 feet or more from any residential zone.

h.

Bottling plant.

i.

Books, magazines, newspapers, stationery for retail sales, but not an adult bookstore.

j.

Car wash.

k.

Clothing, shoes, dry goods for retail sales.

l.

Cold storage plant.

m.

Cosmetics, notions, hobby supplies for retail sales.

n.

Delivery service.

o.

Drive-thru facilities such as banks, drugstores, dry cleaners, restaurants and similar uses provided there is adequate on-site space for vehicle queuing and the vehicle movement plan is approved by the County.

p.

Drug store.

q.

Dry cleaning, laundry, clothes pressing, provided: Only nonflammable or noncombustible materials are used in the cleaning process.

r.

Feed or fruit storage or sales (wholesale), provided all outside storage is enclosed by a solid wall or fence six feet high on all sides abutting A-1, A-2, R-1, R-2, or M-H property.

s.

Foundry, casting of nonferrous metal, provided there shall be no fumes or odors discernible beyond the premises.

t.

Grocery Store.

u.

Health gymnasium.

v.

Ice plant (wholesale).

w.

Institution, including library, museum, school, day care center, but not disciplinary institutions or hospitals for human beings.

x.

Jewelry sales and supplies.

y.

Laboratory (experimental or testing).

z.

Laundry, cleaning, or dyeing works, including rug works and rug and carpet cleaning.

aa.

Nursery or greenhouse provided all outside storage other than plant material is enclosed by a six-foot high solid wall or fence on all sides.

bb.

Office.

cc.

Paint store.

dd.

Pet shop and/or pet grooming, provided there are no outside pens.

ee.

Photographic equipment sales and/or service.

ff.

Public utility structure and public building including fire and police stations.

gg.

Radio and/or television station, and/or motion picture industry activities.

hh.

Restaurant, provided there shall be no drive-in restaurant; and alcoholic drink may be sold as regulated under permissive uses within the C-1 zone. Sale of beer and wine is not limited to retail sales only.

ii.

Sales and display rooms or buildings for wholesalers, distributors.

jj.

Service station, including the sale of liquefied petroleum gas, but not for resale, provided any tube or tire repairing, minor auto repair or battery charging shall be conducted within a completely enclosed building.

kk.

Sign, on premises, as regulated in the C-1 zone, provided that freestanding signs are limited to 10 feet in height and must be designed as monument signs with an enclosed base.

ll.

Tailoring, dressmaking.

mm.

The following uses must be conducted within a completely enclosed building or within an area enclosed on all sides by a wall or fence at least six feet high, which must be solid along the sides of the site facing or abutting land zoned A-1, A-2, R-1, R-2 or M-H, and provided further that products, items or materials stored on the site are not stacked to a height above the height of the required wall or fence:

(1)

Building material storage and sales.

(2)

Contractor's equipment storage, rental, or sale.

(3)

Machine shop, blacksmith shop, ornamental iron shop, welding shop.

(4)

Manufacturing, compounding, assembling, or treatment of articles made from the following materials: Bone, shell, cellophane, cork, fibre, fur, glass, horn, leather, precious or semiprecious metals or gems, paint (not involving a boiling process), paper, plastics, textiles, yarn, tobacco, or wood.

(5)

Manufacturing, compounding, processing, packaging, treat-ing, assembling, maintaining, repairing, overhauling, or rebuilding of the following products: bakery goods, candy, cosmetic goods, toiletries, dairy products, drugs, pharmaceutical goods, electrical appliances, mechanical devices, electronic instruments and devices, radios or phonographs, musical instruments, pottery, figurines, ceramics provided only previously pulverized clay and kilns fired by electricity or gas shall be used, signs, including electric or neon, billboards, commercial advertising structures, toys, and novelties.

(6)

Sheet metal working (light), including the making of heating or ventilating products or equipment, cornices, and eaves.

(7)

Warehouse.

(8)

Food processing.

nn.

One residence per business for a security resident employed on the premises provided that such accommodations are not used as rental property.

oo.

Wireless Telecommunications Facility, provided that it satisfies the requirements of section 22.5 of this ordinance, and as specifically allowed below:

(1)

Face-mounted wireless telecommunications facility.

(2)

Roof-mounted wireless telecommunications facility, up to 6 feet above the parapet of the building on which it is placed.

(3)

Concealed wireless telecommunications facility.

(4)

Wireless telecommunications facility for which all antennas are mounted on an existing vertical structure.

pp.

Shared solar facility.

qq.

Mobile Food Establishment Court, provided that:

(1)

A restroom which meets the requirements of health protection codes is available to the public within 200 feet during all hours of operation;

(2)

All mobile food establishments are separated by at least 5 feet;

(3)

Mobile food establishments and any associated tables, chairs, displays, umbrellas, or the like, must be appropriately secured and cannot obstruct any designated ingress or egress from the property, or designated drive aisle;

(4)

Mobile food establishments and any assorted tables, chairs, displays, umbrellas, or the like, do not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the mobile food establishment is operating outside of the business hours of the on-premises uses;

(5)

Surfacing and parking is provided at the discretion of the Zoning Code;

(6)

A site plan is provided to and approved by the Zoning Administrator;

(7)

Signage is restricted to those permissive within the C-1 Zone.

(8)

Any mobile food establishment continuously parked on the site and operating operated during that time, it must meet health protection requirements for self- contained mobile food establishments or return to an approved commissary as required by Health Protection.

rr.

Indoor Shooting Range, provided:

(1)

Applicant must provide noise attenuation study certified by a licensed professional engineer. Noise attenuation shall meet the requirements of the Bernalillo County Noise Ordinance.

(2)

Site operations must follow best management practices for lead, as outlined by the Environmental Protection Agency (EPA-902-B-01-001) or as updated.

(3)

All site features are as listed in the underlying zone.

3.

Conditional Uses. The following uses may be permitted, if approved by the Zoning Administrator, in accordance with the procedures and under the conditions set out in the Administration Section of this ordinance with additional requirements

deemed necessary to safeguard the best interest of the adjoining property, neighborhood and community.

a.

Amateur Radio Antenna/Tower 65 to 100 feet as measured from grade.

b.

Mixed use development with residential and nonresidential uses combined in the same building or buildings. The nonresidential uses are limited to those allowed as permissive or conditional in the C-LI zone, plus incidental activities.

C.

Height Regulations. The same regulations apply as in the C-2 Zone except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

D.

Area Regulations:

a.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

b.

Side Yard. None required except on the side of a lot abutting an A-1, A-2, R-1, R-2 or M-H zone, in which case there shall be a side yard of not less than five feet in width.

c.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulation Section, there shall be a rear yard having a depth of 15 feet.

d.

Off-Street Parking and Loading and Unloading Spaces. Off-street parking spaces, and loading and unloading spaces, shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulation Section of this ordinance.

E.

Landscape and Buffer Landscaping. Nonresidential uses facing or abutting on a principal or minor arterial, as identified in the Long Range Major Street Plan, shall provide landscaping as provided and regulated in the Landscaping and Buffer Landscaping Regulations Section of this ordinance.

(Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2016-13, 4-12-16; Ord. No. 2022-14, 8-9-22; Ord. No. 2025-6, 1-14-2025; Ord. No. 2025-8, 1-14-2025)

A.

The regulations set forth in this section, or set forth elsewhere in this ordinance, when referred to in this section are the regulations in the M-1 Light Industrial Zone. The purpose of this zone is primarily for light manufacturing, light fabricating, warehousing, and wholesale distribution with off-street loading and off-street parking for employees, and with access to arterial highways or railroads.

B.

Use Regulations:

1.

Prohibited Uses. The following uses are prohibited in this zone: Church, library, school, hospital, or any residential use, except that each individual industrial use may provide accommodations for one resident watchman or caretaker employed on the premises, provided that such accommodations are not used for commercial, industrial or office purposes.

2.

Permissive Uses. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site:

a.

Any permissive or conditional use listed and as regulated in the C-2 and C-LI zones except as qualified above.

b.

Bottling plant.

c.

Cold storage plant.

d.

Feed or fruit storage or sales (wholesale), provided all outside storage is enclosed by a solid wall or fence six feet high on all sides abutting A-1, A-2, R-1, R-2, or M-H property.

e.

Foundry, casting of lightweight, nonferrous metal, provided there shall be no fumes or odors discernible beyond the premises.

f.

Ice plant (wholesale).

g.

Laboratory (experimental or testing).

h.

Laundry, cleaning, or dyeing works, including rug works, including rug and carpet cleaning.

i.

Uses which must be conducted within a completely enclosed building or within an area enclosed on all sides by a wall or fence at least six feet high, and which must be solid along the sides of the site facing or abutting land zoned A-1, A-2, R-1, R-2 or M-H, and provided further that products, items or materials stored on the site are not stacked to a height above the height of the required wall or fence:

(1)

Building material storage and sales.

(2)

Concrete or cement products manufacturing, batching plant, gravel or sand removal activity, stockpiling, processing or distribution provided it complies with the following requirements:

(a)

Any gravel removal activities shall be conducted in accordance with sound engineering practices.

(b)

Depleted land shall be rehabilitated by grading or backfilling with nonnoxious, nonflammable, noncombustible solids.

(c)

Depleted land shall be graded or backfilled so as not to collect or permit stagnant water to remain therein.

(d)

Depleted land shall be so graded or backfilled that it will result in topography in substantial conformity to the land immediately surrounding it and which will minimize erosion caused by rainfall and runoff.

(e)

Concrete or cement products manufacturing, batching plant, or processing of stone shall be conducted in accordance with current environmental pollution controls.

(3)

Contractor's equipment storage, rental, or sale; contractor's yard.

(4)

Fuel storage or sales (wholesale).

(5)

Machine shop, blacksmith shop, ornamental iron shop, welding shop.

(6)

Manufacturing, compounding, assembling, or treatment of articles made from the following materials: Bone, shell, cellophane, cork, fibre, fur, glass, horn, leather, precious or semiprecious metals or gems, paint (not involving a boiling process), paper, plastics, textiles, yarn, tobacco, or wood.

(7)

Manufacturing, compounding, processing, packaging, treating, assembling, maintaining, repairing, overhauling, or rebuilding of the following products: Bakery goods, batteries, candy, cosmetic goods, toiletries, dairy products, drugs, pharmaceutical goods, electrical appliances, electronic instruments and devices, radios or phonographs, musical instruments, pottery, figurines, ceramics provided only previously pulverized clay and kilns fired by electricity or gas shall be used, signs, including electric or neon, billboards, commercial advertising structures, toys, and novelties.

(8)

Sheet metal working (light), including the making of heating or ventilating products or equipment, cornices, and eaves.

(9)

Truck terminal, tractor, trailer, or truck storage, including maintenance facilities.

(10)

Warehouse.

(11)

Food processing.

j.

Auction of livestock.

k.

Auto dismantling yards, junkyards, storage and salvage yards and yards used for the open storage of materials, provided they are enclosed on all sides by a wall or fence at least six feet high, which must be solid along the sides of the site facing or abutting land zoned A-1, A-2, R-1, R-2 or M-H, and provided further that inoperative automobile bodies, or parts thereof, are not stacked to a height above the height of the required wall or fence.

l.

Accessory uses to any of the foregoing.

m.

Off-premises sign or advertising structure as regulated in the C-2 zone except that maximum area of any one sign face shall not exceed 672 square feet, plus an additional add-on sign area for cutouts or extensions which may not exceed 34 square feet.

n.

Tire recapping.

o.

Manufactured or Mobile Homes Sales.

3.

Conditional Uses. The following uses may be permitted, if approved by the Zoning Administrator, in accordance with the procedures and under the conditions set out in the Administration Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and community:

a.

Asphalt batching plant provided the site is enclosed by a solid wall or fence six feet high on all sides abutting A-1, A-2, R-1, R-2, or M-H property.

b.

Poultry or rabbit live storage or killing and dressing.

C.

Height Regulations. The same regulations apply as in the C-2 zone except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

D.

Area Regulations:

1.

Front Yard. There shall be a front yard having a depth of not less than 30 feet.

2.

Side Yard. None required except on the side of a lot abutting an A-1, A-2, R-1, R-2 or M-H zone, in which case there shall be a side yard of not less than five feet in width.

3.

Rear Yard. Except as hereinafter provided in the Supplementary Height and Area Regulation Section, there shall be a rear yard having a depth of 15 feet.

4.

Off-Street Parking and Loading and Unloading Spaces. Off-street parking spaces, and loading and unloading spaces, shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulation Section of this ordinance.

E.

Landscape and Buffer Landscaping. Nonresidential uses facing or abutting on a principal or minor arterial, as identified in the Long Range Major Street Plan, shall provide landscaping as provided and regulated in the Landscaping and Buffer Landscaping Regulations Section of this ordinance.

(Ord. No. 78-66, 7-18-78; Ord. No. 81-13, 5-21-81; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2022-15, 8-9-22)

A.

The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the M-2 Heavy Manufacturing Zone. The purpose of this zone is to provide for industrial operations of all types except that certain potentially hazardous or nuisance-type industries as specified in Subsection B.3. below are permitted only after public hearing and review to ensure protection of the public interest and surrounding property and persons.

B.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.

1.

Prohibited Uses. The following uses are prohibited in this zone: Church, library, school, hospital, or any residential use, except that each individual industrial use may provide accommodations for one resident watchman or caretaker employed on the premises, provided that such accommodations are not used for commercial, industrial or office purposes.

2.

Permissive Uses:

a.

Any permissive or conditional use listed in the M-1 zone.

b.

Boiler works.

c.

Iron or steel foundry or fabrication plant, forging, rolling, or heavy weight casting.

d.

Manufacture of the following:

(1)

Acetylene gas.

(2)

Alcohol.

(3)

Asphalt.

(4)

Brick, tile, terra cotta.

(5)

Chemicals.

(6)

Paint, oil (including linseed), shellac, turpentine, lacquer, varnish.

(7)

Petroleum byproducts.

(8)

Plastics.

(9)

Soap.

(10)

Sodium compounds.

(11)

Tar products.

e.

Milling, manufacturing, and related processing of cement.

f.

Railroad repair shops.

g.

Salvage yard for storage and sale of used materials such as metal, rope, paper, glass, leather, rags, lumber, plastic, and equipment made of these materials, provided the yard is enclosed by a solid fence or wall at least six feet high on all sides facing or abutting land zoned A-1, A-2, R-1, R-2 or M-H.

3.

Conditional Uses. The following uses may be permitted only if approved by the Zoning Administrator in accordance with the procedures and under the conditions set out in the Administrative Section of this ordinance with additional requirements deemed necessary to safeguard the best interest of the adjoining property, neighborhood and the community.

a.

Distillation of bones.

b.

Fat rendering.

c.

Manufacture or industrial storage of the following:

(1)

Fertilizer.

(2)

Glue.

(3)

Lime, gypsum, plaster of Paris.

(4)

Ammonia, bleaching powder, chlorine.

(5)

Oilcloth, linoleum.

(6)

Pyroxylin.

(7)

Stove or shoe polish.

d.

Stockyard, feeding pen.

e.

Slaughter of animals.

f.

Tannery, curing of raw hides.

g.

Wool pulling or scouring.

h.

Manufacture or storage of explosives.

i.

Blast furnace, coke oven.

C.

Height Regulations. None.

D.

Area Regulations:

1.

The front, side and rear yard regulations are the same as those in the M-1 Light Industrial Zone.

2.

Off-Street Parking Spaces, Loading and Unloading Spaces. Off-street parking spaces, and loading and unloading spaces shall be provided in accordance with requirements for specific uses set forth in the Off-Street Parking, Loading and Unloading Regulation Section of this ordinance.

E.

Landscape and Buffer Landscaping. Nonresidential uses facing or abutting on a principal or minor arterial, as identified in the Long Range Major Street Plan, shall provide landscaping as provided and regulated in the Landscaping and Buffer Landscaping Regulations Section of this ordinance.

(Ord. No. 92-18, 12-15-92; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12)

A.

Purpose. The purpose of this ordinance's provisions regulating adult amusement establishments is to control, through zoning regulations, certain land uses that have a direct and detrimental effect on the health, safety, and general welfare of the citizens residing in the unincorporated areas of Bernalillo County.

B.

Studies. In adopting this ordinance regulating adult amusement establishments, the Board of County Commissioners has reviewed and considered the following studies addressing secondary effects of adult amusement establishments in other jurisdictions:

1.

Police Memorandum, Tucson, Arizona (1990);

2.

Staff Report, Amendment to Zoning Regulations, Adult Business in C-2 Zone with Conditional Use Permit, Whittier, California (1978);

3.

Adams County (Colorado) Nude Entertainment Study (1987);

4.

Adult Entertainment Business Study for Manatee County Florida (1987)

5.

Regulation of Adult Amusement Establishments in New Hanover County, North Carolina (1989);

6.

Adult Business Study, Town and Village of Ellicottville, Cattaraugus County, New York (1998);

7.

Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area (New York, NY) (1994);

8.

A Report on Zoning and Other Methods of Regulating Adult Businesses in Amarillo (Texas) (1977);

9.

Sexually Oriented Business Ordinance Revision Committee Legislative Report (Houston, Texas) (1997);

10.

Regulation of Adult Entertainment Establishments in St. Croix County, Wisconsin (1993);

11.

Do "Off-Site" Adult Businesses have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence, Richard McCleary & Alan C. Weinstein (2007);

12.

Rural Hot Spots: The Case of Adult Businesses, Richard McCleary (To Be Published 2007-08);

13.

Survey of Appraisers, Fort Worth & Dallas, Effects of Land Uses on Surrounding Property Values, Duncan Associates (2004).

14.

Final Report to the City of Garden Grove (California): The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, Richard McCleary & James W. Meeker (1991).

15.

Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles (California) (1977).

C.

Published Court Decisions. The Board of County Commissioners has also reviewed and considered the following appellate cases addressing secondary effects of adult amusement establishments in other jurisdictions:

City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2002); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. Am. Mini Theatres, 427 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); Williams v. Attorney Gen. of Ala., 378 F.3d 1232 (11th Cir. 2004); World Wide Video of Wash., Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Heideman v. S. Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Ctr. for Fair Pub. Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Z.J. Gifts D-4, L.L.C. v. City of Littleton, 311 F.3d 1220 (10th Cir. 2002); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002); Am. Target Adver., Inc. v. Giani, 199 F.3d 1241 (10th Cir. 2000); Connection Distrib. Co. v. Reno, 139 F.3d 804 (10th Cir. 1998); Sundance Assocs., Inc. v. Reno, 139 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-2, L.L.C. v. City of Aurora 136 F.3d 683 (10th Cir. 1998); Dodger's Bar & Grill, Inc. v. Johnson County Bd. Of County Comm'rs, 32 F.3d 1436 (10th Cir. 1994); Cortese v. Black, 7 F.3d 1327 (10th Cir. 1996 (table); Dodger's Bar & Grill, Inc. v. Johnson County Bd. Of County Comm'rs, 32 F.3d 1436 (10th Cir. 1994); ILQ Invs., Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); O'Connor v. City & County of Denver, 894 F.2d 1210 (10th Cir. 1990); M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983); Hart Book Stores, Inc. v. Edmisten, 612 F2d 821 (4th Cir. 1979); Bigg Wolf Disc. Video Movie Sales, Inc. v. Montgomery County, 256 F.Supp.2d 385 (D. Md. 2003); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977).

D.

Findings. The Board of County Commissioners makes the following findings regarding the effect of adult amusement establishments on the character of the unincorporated areas of Bernalillo County. In making these findings, the Board of County Commissioners has considered the recommendations of its Building, Zoning, and Planning Department, which, along with the Bernalillo County Planning Commission, has reviewed and considered the experiences of other local governments—in urban, suburban, and rural areas—in the United States where adult amusement establishments have located

Based upon the Board of County Commissioners' review, consideration, and study - which includes its consideration of the recommendations of its Building, Zoning, and Planning Department and the County Planning Commission - the Board of County Commissioners makes and adopts the following FINDINGS:

1.

The above cited reports and cases are considered evidence from studies conducted in varied locations across the United States relating to adult amusement establishments.

2.

Adult amusement establishments are associated with high crime rates and depression of property values.

3.

The character of a neighborhood can dramatically change when there is a concentration of adult amusement establishments adjacent to residential property.

4.

Adult amusement establishments have an impact on neighborhoods surrounding them that is distinct from the impact caused by other commercial uses.

5.

Residential neighborhoods located within close proximity to adult amusement establishments experience increased crime rates, lowered property values, increased transciency, and decreased stability of ownership.

6.

Adult amusement establishments can have negative effects on persons attending places of worship as well as children attending school.

7.

Adult amusement establishment uses can contribute to an increase in criminal activity in areas where such businesses are located, thereby taxing Bernalillo County crime prevention programs and law enforcement resources.

8.

Many members of the public perceive areas within which adult uses are located as less safe than areas that do not have such uses.

9.

Values of both commercial and residential properties are either diminished or fail to appreciate at the rate of comparable properties when located in proximity to adult amusement establishment uses.

10.

Adult amusement establishment uses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the areas where such uses are located, thereby exacerbating the dearth of affordable, habitable housing for residents of the unincorporated areas of Bernalillo County.

11.

The concentration of adult amusement establishment uses in one area can have a substantial detrimental effect on the area where such uses are located and on the overall quality of life in that area.

12.

The concentration of separate adult uses— e.g., adult amusement establishment, adult bookstore, adult photo amusement establishment, adult photo studio, adult theater, adult video arcade, and adult body oil or lotion demonstration parlors— in a single structure tends to produce harmful secondary effects destructive to the overall quality of life in that area.

13.

A cycle of decay can result from the influx and concentration of adult amusement establishment uses. The presence of such uses is perceived by others as an indication that the area is deteriorating and the result can be devastating: other businesses leave the vicinity and residents move from the area. Declining real estate values, which can result from the concentration of such businesses, erode the tax base and contribute to blight.

14.

Citizens have expressed support for the following ordinances at meetings of the Board of County Commissioners, the County Planning Commission, and its Building, Zoning, and Planning Department.

15.

The impacts of adult amusement establishment uses, including those covered in this ordinance, on the residents and property of the unincorporated areas of Bernalillo County would be similar to the cities, towns, and counties cited in the reports and court decisions.

16.

That this ordinance shall provide that sufficient space and sites for the location of adult amusement establishment uses in the appropriate zones for the purpose of protecting the health, safety, and welfare of the citizens of the unincorporated areas of Bernalillo County, as well as the values of property and structures located therein.

17.

The adverse impacts that adult amusement establishment uses have on surrounding areas may diminish as the distance from adult uses increases.

18.

The Board of County Commissioners adopts this ordinance recognizing that the County has real and substantial goals for public health, safety, and welfare and has a great interest in the promotion of health and prevention of criminal activities.

19.

The enactment of this ordinance is in the best interest of the public health, safety, and general welfare of the people residing in the unincorporated areas of Bernalillo County.

20.

It is in the best interest of the unincorporated areas of Bernalillo County to protect existing property values and protect adjacent business owners, and/or businesses, from undesirable impacts of adult amusement establishment uses.

21.

It is in the best interest of the unincorporated areas of Bernalillo County to protect its residents through appropriate ordinances from the secondary effects of adult amusement establishment uses.

22.

It is in the best interest of the unincorporated areas of Bernalillo County to protect children and other persons vulnerable to crimes and increased criminal activity associated with adult amusement establishment uses.

E.

Conclusion of Board of County Commissioners. In order to minimize the detrimental effect adult-amusement establishment uses have on adjacent land uses, the Board of County Commissioners adopts appropriate land-use regulations, recognizing that it has a great interest in the present and future character of the unincorporated areas of Bernalillo County.

F.

Definitions of Adult Amusement Regulations. Words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory, and the word "may" is permissive.

Adult Amusement Establishment.

1.

An establishment which provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas;

a.

Specified Anatomical Areas, means:

(1)

Less than completely and opaquely covered.

(a)

Human genitals or pubic region;

(b)

Buttock; and

(c)

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

b.

Specified Sexual Activities, including the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

2.

An establishment which features topless dancers, exotic dancers, strippers, or similar entertainment; or

3.

An establishment which, upon payment of a fee provides an escort or a partner to its patrons.

4.

An establishment which upon payment of a fee provides its patrons with a male or female model fully or partially nude for the purposes of demonstrating body oils, body lotions or similar substance or devices.

Adult Bookstore. An establishment having a substantial or significant portion of its stock in film, video tapes, trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

Adult Photo Studio. An establishment which, upon payment of a fee, provides photographic equipment or models for the purpose of photographing specified anatomical areas.

Adult Theater. A theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

G.

General Regulations for Adult Amusement Establishments.

1.

Adult amusement establishment, including but not limited to, adult bookstore, adult photo amusement establishment, adult photo studio, adult theater, adult video arcade, and adult body oil or lotion demonstration parlors; shall be:

a.

Located at least 2,000 feet from another adult amusement establishment, adult bookstore, adult photo amusement establishment, adult photo studio, adult theater, adult video arcade, and adult body oil or lotion demonstration parlors;

b.

Located at least 2,000 feet from the nearest conforming residential use, or from any church or school; and

2.

Each of the adult uses set forth above shall be considered a separate use and the approval of one adult use shall not imply the approval of any other adult use.

(Ord. No. 2008-4, § 1, 4-24-08)

A.

By Special Use Permit, the Bernalillo County Planning Commission may authorize the location of uses in which they are not permitted by other sections of this ordinance; the Bernalillo County Planning Commission may likewise authorize the increase in height of buildings beyond the limits set by previous sections of this ordinance or vary any other minimum standard it deems necessary provided it remains consistent with the intent of this ordinance. With such permits, the Bernalillo County Planning Commission may impose such conditions and limitations as it deems necessary:

1.

To ensure that the degree of compatibility of property uses which this section is intended to promote and preserve shall be maintained with respect to the special use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located;

2.

To ensure that the proper performance standards and conditions are, whenever necessary, imposed upon uses which are, or which reasonably may be expected to become, obnoxious, dangerous, offensive or injurious to the health, safety, or welfare of the public, or a portion thereof, by reason of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances;

3.

To preserve the utility, integrity and character of the zone in which the use will be located, without adversely affecting adjacent zones; and

4.

To ensure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.

5.

A Special Use Permit may not be granted for lots zoned SD or PC, unless prescribed in their applicable plan.

B.

Such Special Use Permits may authorize only the following uses:

1.

Airport.

2.

Amusement park of a permanent character, including kiddieland, children's playland, and children's amusement park.

3.

Asphalt and batching plant. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

4.

Auction yard. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

5.

Automobile dismantling yard or similar use. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

6.

Baseball batting range, provided the area is fenced or otherwise designed to prevent balls from being batted off the premises.

7.

Cemetery, including columbarium, mausoleum, or crematory, provided that any site for a new cemetery shall contain at least ten acres.

8.

Contractor's yard, Contractor's equipment storage. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

9.

Drilling, production, or refining of petroleum, gas or hydrocarbons.

10.

Drive-in theater, provided it complies with the following requirements:

a.

Ingress and egress for any site abutting a state highway shall be given in writing by the New Mexico Department of Transportation. Otherwise, such approval shall be given in writing by the County Manager or his representative.

b.

Reservoir off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least 30 percent of the vehicular capacity of the theater.

c.

Any building or structure shall be at least 50 feet from any street on any side where ingress or egress is permitted.

d.

Any area of the site accessible to vehicles or patrons shall be surfaced with gravel, oil or other higher type paving, except that any reservoir off-street standing space or side service road shall be surfaced with bituminous or other higher type paving where such space or road connects with a public way, as required by the County Planning Commissioners.

e.

Any screen less than 500 feet from a county arterial or State Highway shall be so located or shielded that the picture surface cannot be seen from such highway.

f.

The site shall be enclosed with a solid wall or fence at least six feet high, except that vision clearance must be maintained at all intersections or entrances and exits with public ways as specified for street intersections in Section 4.F. of this ordinance.

g.

Any adult theater is not:

(1)

Located within 2,000 feet from the nearest residential use or from any church or pre-elementary, elementary, or secondary school, or licensed Day Care Center.

(2)

Located within 2,000 feet from any of the following uses: adult amusement establishment, adult bookstore, adult photo studio, and adult theater.

11.

Feedlot, provided it complies with the following minimum requirements:

a.

Location. In areas designated as Rural and with a minimum lot size of two acres.

b.

Feedlot facility must provide for:

(1)

Proper disposal of animal excrement.

(2)

Eradication of pests by chemical or scientific means.

(3)

On-site management of storm water and surface water is required to avoid pollution and/or illicit discharge to any stream, arroyo, irrigation ditch or channel, or river as determined by the Bernalillo County Stormwater Ordinance.

(4)

Mechanical means for scraping, cleaning and grading feedlot premises at all times.

(5)

Review by appropriate local, state and federal agencies for feedlot design and location.

12.

Golf course.

13.

Golf driving range.

14.

Penal or Correctional Institution or mental health facility.

15.

Industrial park, that provides suitable sites for a wide range of industrial and commercial uses, provided uses are conducted in a compatible and harmonious manner within commercial and industrial environments achieved through a development plan and further provided it complies with the following requirements:

a.

Yard Requirements. Unless otherwise approved in the development plan, all buildings in the park shall conform to the following yard requirements:

(1)

Front Yard. There shall be a front yard having a minimum depth of 30 feet.

(2)

Side and Rear Yards. There shall be a minimum side and rear yards of 5 feet; provided, however, that any side or rear yard abutting a residence in an A-1, A-2, R-1, R-2, or M-H zone shall have a minimum depth of 15 feet.

b.

Building Height:

(1)

Buildings. The same regulations as in the C-2 zone except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

c.

Maximum Lot Coverage:

(1)

Principal and accessory buildings may occupy no more than 60 percent of the lot area.

d.

Off-Street Parking. Parking requirements shall be as provided in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance, except that no parking shall be permitted in the required yard areas.

e.

Landscaping. The front yard setback area and all yards abutting residential zones shall be permanently devoted to and maintained for the growing of trees, shrubs, lawns, and plants or other form of landscape treatment, consistent with the Water Conservation Ordinance, and shall also meet the Landscaping and Buffer Landscaping Regulations Section of this ordinance.

16.

Mining, excavating, removing, processing, stockpiling, or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, or batching plant, provided it complies with the following requirements:

a.

All removal, stockpiling, processing or distribution activity shall be conducted in accordance with contemporary and sound engineering and stormwater best practices. All operations shall meet the requirements of the Bernalillo County Stormwater Ordinance.

b.

Land Rehabilitation. Under the provisions of this section, depleted land shall be rehabilitated in accordance with the following requirements:

(1)

Grading and backfilling shall be performed consistent with an approved grading and drainage plan and shall comply with the Solid Waste Ordinance, the Stormwater Ordinance and the Filling in Property Ordinance.

(2)

Graded or backfilled land shall not collect and permit stagnant water to remain therein.

(3)

Peaks and depressions of the area shall be reduced to a surface which will result in topography in substantial conformity to the land area immediately surrounding and which will minimize erosion caused by rainfall and runoff.

17.

Mobile home/manufactured home/Park Model Travel Trailer park, provided it complies with the following requirements:

a.

The average width for each mobile home, manufactured home /Park Model Travel Trailer space shall be a minimum of 40 feet.

b.

Each mobile home, manufactured home, or Park Model Travel Trailer space shall be required to maintain the following yard areas: Side-to-side spacing between mobile homes/manufactured homes/Park Model Travel Trailer shall be at least 20 feet, and back-to-back spacing shall be at least 15 feet. A 20-foot setback from the interior streets of the mobile home park shall be maintained. This area may be used for off-street parking. Minimum setback distances shall be measured from the sidewall of the mobile home, manufactured home unit or Park Model Travel Trailer, or from the attached or abutting cabana, carport, patio cover, ramada, or similar appurtenance.

c.

Any mobile home/manufactured home or Park Model Travel Trailer shall be located at least 25 feet from the right-of-way line of any street, and at least ten feet from any property line of the mobile home park. Minimum setback distances shall be measured from the sidewall of the mobile home, manufactured home unit or Park Model Travel Trailer, or from the attached or abutting cabana, carport, patio cover, ramada, or similar appurtenance.

d.

There shall be at least two automobile off-street, paved parking spaces for each mobile home/manufactured home or Park Model Travel Trailer. Parking may be tandem or side-by-side parking.

e.

All interior streets accessible to motor vehicles shall be paved with Blacktop or equal: Two inches of asphaltic concrete on a prime coat over a four-inch compacted subgrade, or a surface of equal or superior performance characteristics.

f.

A solid wall or fence, six feet high shall be maintained on all sides of the site. However, this requirement need not be met until a dwelling unit is built on the abutting A-1, A-2, R-1, R-2, and M-H zoned land.

g.

Driveways shall be at least 25 feet wide.

h.

Driveways shall be lighted, and the lights shall be so arranged as to reflect away from abutting property, street or alley.

i.

Sites shall be kept graded, drained, and free of rubbish and litter.

j.

The minimum lot size of any park shall be ten acres.

k.

On-premises signs as permitted and regulated in the C-1 Zone.

l.

Mobile homes/manufactured homes or Park Model Travel Trailer shall be skirted with materials visually compatible with the siding of the mobile home/Manufactured Home or Park Model Travel Trailer.

m.

A detached accessory structure or building, up to ten percent of the mobile home/ manufactured home or Park Model Travel Trailer space, may be permitted, as provided in the Supplementary Height and Area Regulation Section of this ordinance.

n.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

o.

Ten percent of the lot area shall be devoted to usable open space for recreational activities. Ponding and Drainage Areas shall not contribute to usable open space.

p.

Each newly developed Mobile Home/Manufactured Home or Park Model Travel Trailer park shall meet the requirements of the Water Conservation Ordinance. Individual wells or septic systems for each space are prohibited for those parks adopted after the effective date of this amendment.

q.

Any other condition imposed on the development.

18.

Truck Plaza.

19.

(For future use)

20.

Ore reduction, smelting.

20.5.

Outdoor Shooting Range Provided:

a.

This use is only allowed in the Rural Area of the Albuquerque Bernalillo County Comprehensive Plan.

b.

A required buffer from the property line to shooting areas will be determined as part of Special Use Permit.

c.

40-acre minimum lot size is required.

d.

Site Operations must follow best management practices for lead, as outlined by the Environmental Protection Agency (EPA-902-B-01-001) or as updated.

e.

Applicant must provide a noise attenuation study certified by a licensed professional engineer. Noise attenuation shall meet the requirements of the Bernalillo County Noise Ordinance.

21.

Overnight Campground, provided it complies with the following requirements:

a.

A campground shall have an area of not less than five acres and sites for no less than 15 recreational vehicles.

b.

The maximum gross density within a campground shall be 15 camp sites per acre. Land not accessible to campers shall not be included in the calculation of gross density.

c.

Campsites:

(1)

All recreational vehicles or tents parked or attached to the ground for use as an overnight accommodation shall be on a campsite, as defined by this subsection.

(2)

Each campsite shall be at least 1,650 square feet in area.

(3)

Each campsite shall provide parking space of adequate size to accommodate the vehicles allowed at the same site. Such parking space shall be so constructed that no portion of such vehicle shall extend onto any street within the campground.

(4)

a)

Campsites shall comply with the following minimum setback requirements:

(1)

From the perimeter of the campground: 20 feet.

(2)

From the boundary of a public right-of-way other than a local street: 100 feet.

b)

The minimum setback requirements above may be reduced if the campsite is totally obscured from sight from off [the] site by natural barriers or a solid wall or fence at least six feet high.

c)

Where a campground abuts a mobile home park, the minimum setback may be reduced to ten feet along the boundary between the mobile home park and the campground.

d.

Streets. A campground shall be serviced by a private street system, paved at least to the off-street parking regulations of this ordinance, and provide safe and convenient access to all camp sites. If such road system is for one-way traffic only, directional signs shall be installed.

e.

Screening. On any side of the premises, contiguous or across the street from a residential zone, a solid wall or fence at least six feet high shall be erected and maintained. However, this requirement need not be met until a dwelling unit is built on the residentially zoned land.

f.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

g.

A wastewater treatment system or method for disposal of human and septage waste and consistent with the County's wastewater ordinance shall be provided.

22.

Pet cemetery, provided that the site contains at least two acres.

23.

Planned Development Area, including residential uses or mixed residential and commercial uses provided the minimum development lot area is two acres and the applicant demonstrates the need to vary height, lot area, or setback requirements due to unusual topography, lot configuration, or site features in order to create cluster housing development, preserve visual or physical access to open space or unique site features, or to facilitate development as allowed by an approved Master Plan.

24.

Public building, Public utility structure, power plant, transformer yard, sewage treatment plant, sanitary solid waste incinerator, construction debris landfill, sanitary landfill and similar technical operations essential to public health and welfare. Public buildings used only for a permissive or conditional use in a specified zone may be allowed in those zone categories that allow for that specified use without the need for a Special Use Permit.

25.

Racetrack for autos, motorcycles, carts, go-carts, horses, dogs, or the like, or drag strip, provided:

a.

Any area of the site accessible to vehicles of patrons shall be surfaced with gravel or other higher type paving where such space or road connects with a public way, as required by the County Planning Commissioners.

b.

Screening. On any side of the premises, contiguous or across the street from a residential zone, a solid wall at least six feet high shall be erected and maintained.

26.

Radio or television transmitter antenna (commercial) provided it shall be at least 100 feet from any public way.

27.

School bus operation and parking lot.

28.

Stadium for baseball, football, rodeo, or the like, provided any area of the site accessible to vehicles of patrons shall be paved, except that any reservoir off-street standing space or side service road shall be paved where such space or road connects with a public way.

29.

Shopping center.

30.

Storage facility for hazardous waste materials.

a.

Provided such storage facility complies with Federal, State and County Environmental Regulations.

31.

Winery, provided it is associated with an on-site vineyard.

32.

Specific use.

a.

In certain situations based on unique conditions the owner may apply for any of the specific uses set forth in Sections 10, 12, 13, 14, 15 or 15.5 of this Ordinance. This type of Special Use Permit may not be granted for lots zoned SD or PC, unless prescribed in their related plan. The special use for a specific use may be granted if the owner/applicant proves by clear and convincing evidence that: (1) unique conditions exist that justify the request and (2) there is substantial support from neighborhood residents (or owners of property) within 200 feet of the site for the proposed special use.

b.

In certain situations based on unique conditions the owner may apply for any of the specific uses set forth in Sections 16 or 17 of this Ordinance. The special use permit for a specific purpose may be granted if the underlying zoning of the site is C-1, C-2 or CL-I and the owner/applicant proves by clear and convincing evidence that: (1) unique conditions exist that justify the request and (2) there is substantial support from neighborhood residents (or owners of property) within 200 feet of the site for the proposed special use. Notwithstanding any other provision of this Ordinance, the owner of any property that has or had a Special Use Permit may apply for a permit for the same use(s) regardless of the underlying zoning of the property.

C.

Application procedures.

1.

An application for a Special Use Permit shall be filed with the Planning and Development Services Department on forms prescribed by the Department and accompanied by all relevant data and information. Incorrect or incomplete information may be cause for denial or deferral and may delay the review and hearing process. It is recommended that the applicant consult with the County Zoning or Planning staff before filing an application to be informed of any requirements of policies relevant to the request.

2.

Notwithstanding any other provision of this Ordinance, an application that proposes to increase the acreage of the use of the affected property shall be processed as a new application. An application that proposes to decrease the acreage of the use shall be processed as an administrative amendment to the Special Use Permit, and reviewed by the Zoning Administrator at a public hearing following the procedures in Section 24 of this Ordinance.

3.

Notwithstanding any other provision of this Ordinance, an application that proposes to change the uses of a Special Use for another use shall be processed as a new Special Use application.

4.

Application for a Special Use Permit may be made by the owner of the property or their designated agent on their behalf. If the area proposed for the Special Use Permit has multiple owners, each owner must provide their written consent to the application. If a Special Use Permit is in place for multiple properties, the owners of each property must provide their written consent to the application.

5.

Each application shall be accompanied by a preliminary site development plan that shall:

a.

Be drawn to scale.

b.

Show a North arrow.

c.

Show the boundaries of the property to be developed.

d.

Show all existing and proposed structures on the site and within 50 feet beyond the property boundaries including the square footages and use of each structure, dimensions, and loading and unloading areas.

e.

Show the number of parking spaces required and provided, including handicapped parking, with location, arrangement, dimensions, aisles, bicycle racks, parking lot lighting and points of ingress and egress clearly indicated.

f.

Show fire lanes and emergency vehicle parking.

g.

Contain a Conceptual Grading and Drainage Plan when considered appropriate by the Bernalillo County Public Works Division.

h.

Show existing and proposed public and private streets, alleys and easements, with proper names and dimensions. Provide a Traffic Scoping Report for each application related to nonresidential uses and residential development with 25 or more dwelling units. The Bernalillo County Public Works Division may require a Traffic Impact Analysis after review of the Traffic Scoping Report.

i.

Contain a conceptual Landscape and Buffer Landscape Plan, identifying the nature and location of ground cover. The plan shall include a statement of responsibility for landscape maintenance.

j.

Show existing and proposed water, sewer, and fire hydrant locations, storm drainage facilities, and refuse container locations.

k.

Show existing and proposed signage as regulated in the C-1 Zone.

l.

Include a written statement describing the proposed project in detail and providing justification for approval in accordance with Resolution 116-86.

m.

Include proof of neighborhood notification by certified mail receipt as required by the Bernalillo County Neighborhood Association Recognition and Notification Ordinance. A copy of the notice sent each neighborhood association shall be included in the proof of notification.

n.

Copies of the site development plan of the proposed project shall be folded into 8½ × 11, 8½ × 14 or 11 × 17 inches or similar size.

6.

Prior to hearing, the Planning and Development Services Department shall request all applicable county departments and other agencies to comment on the application, including but not limited to other governmental jurisdictions such as local, state or federal departments, Albuquerque Public Schools, Albuquerque/Bernalillo County Water Authority, Middle Rio Grande Conservancy District, Albuquerque Metropolitan Flood Control Authority, Kirtland Air Force Base, and utility companies with consideration of any Joint Powers Agreements or Memorandum of Understanding. Comments received shall be provided to the Planning Commission at the time of hearing.

D.

An application fee for a Special Use Permit shall be charged as follows:

1.

Less than five acres: $400.00 for the first acre/or less, plus $25.00 for each additional acre or portion thereof.

2.

Five acres but less than 20 acres: $500.00 for the first five acres, plus $15.00 for each additional acre or portion thereof.

3.

Twenty acres but less than 60 acres: $725.00 for the first 20 acres, plus $10.00 for each additional acre or portion thereof.

4.

Sixty acres or more: $1,125.00 for the first 60 acres, plus $5.00 for each additional acre or portion thereof.

5.

Applications for a Special Use Permit may be made by the Board of County Commissioners or their designated representative on behalf of Bernalillo County, or by a person with direct financial, contractual, or proprietary interest in the affected property. When an application is withdrawn after scheduling and advertising for public hearing by the Bernalillo County Planning Commission, the filing fee shall not be refunded to the applicant. When such application is withdrawn before such advertisement all but $25.00 of the fee shall be refunded.

E.

Hearing. Public hearing on all applications for special use permits shall be held by the Bernalillo County Planning Commission in accordance with the procedures herein described:

1.

The Bernalillo County Planning Commission must fix a regular time and place for regular hearings. A Special public hearing may be held at other than the established regular time or place, provided public notice of the hearing is given at least 72 hours in advance.

2.

Public notice of the hearing at which the application is to be considered must be given by at least one publication in a daily newspaper of general circulation in Bernalillo County at least 15 days before the date of the hearing; and

3.

Public notice of hearing by certified mail, return receipt requested, not less than five days before the date of the hearing, to the owners of all property from the exterior boundaries of the area proposed to be changed, using for these purposes the last known name and address of the owner shown in the records of the Bernalillo County Assessor.

For properties that are less than two acres in area the notification radius shall be 200 feet, for properties in excess of two acres the notification radius shall be 500 feet.

When any of the property immediately beyond the radius described herein is under the same ownership as the property that is the subject of the application, the owner of the property next adjacent, disregarding public ways, also shall be notified.

4.

The applicant must post and maintain one or more signs as provided by the Zoning Administrator, 15 days before and after the date of the hearing by the Bernalillo County Planning Commission. The Applicant is responsible for removal of the sign(s) 16 days after the hearing, unless the recommendation is appealed. Failure to properly post and maintain sign(s) is grounds for deferral or denial of the request.

F.

Procedure. The Bernalillo County Planning Commission shall make its decision on each application.

1.

In approving any application, the Bernalillo County Planning Commission shall impose minimum requirements as required by this section together with such additional requirements as the Bernalillo County Planning Commission deems necessary to safeguard the public welfare, safety, health, morals, convenience, and best interest of the adjoining property, 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.

2.

The Bernalillo County Planning Commission must keep minutes of its proceedings, including a record of the vote of each member on each question, and the minutes must be public records. All material and documents submitted shall become part of the record.

3.

After an applicant's petition for a Special Use permit is advertised for public hearing by the Bernalillo County Planning Commission, another petition for another special use permit or zone change affecting the same property shall not be filed within a period of 12 months from the date of final action.

4.

No Building or occupancy permits shall be issued for any building or use that is not in accordance with the approved development plan.

5.

Any requirement imposed by the Bernalillo County Planning 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 the Special Use Permit.

6.

The Planning and Development Services Department is expected to enforce only those conditions that originate from the ordinances that are enforced by the Planning and Development Services Department. All other conditions are expected to be enforced by the respective department or entity having jurisdiction over such matters.

G.

Appeals. Appeal of any denial or approval of an application by the County Planning Commission must be submitted in writing to Board of County Commissioners by noon on the 15th day after the date of determination by the County Planning Commission. The day of determination by the County Planning Commission shall not be included in the 15-day period for filing an appeal, and if the fifteenth day falls on a Saturday, Sunday, or holiday, the next working day shall be considered as the deadline for filing the appeal. A building permit or Certificate of Occupancy shall not be issued until any appeal is decided, or the time for filing such appeal has expired.

1.

The following persons shall have the right to file an appeal:

(a)

Persons who were parties or could have been parties at the County Planning Commission, but were not present through no fault of their own; or

(b)

Persons who own a property interest within 200 feet of the subject-site (excluding public right-of-way), if the site is less than two acres; or

(c)

Persons who own a property interest within 500 feet of the subject site (excluding public right-of-way) for sites larger than two acres; or

(d)

Any organized neighborhood associations (as provided in Chapter 62, Article III, Neighborhood Associations) that covers, abuts or is across the public right-of-way from the site; or

(e)

Any person who demonstrates a tangible impact that threatens or adversely impacts the health or safety of the person who appeals; or

(f)

Any person with a financial interest or a property right adversely affected by the decision, which right or interest is more than merely nominal or remote.

2.

Applications for an appeal shall clearly articulate the reasons for the appeal; appellants shall specifically cite and explain one or more alleged errors:

(a)

An error was made in applying adopted county plans, policies, and ordinances in arriving at the decision; or

(b)

A mistake of fact underlying the appealed action or decision as presented; or

(c)

The decision was arbitrary, capricious or a manifest abuse of discretion.

3.

Written notice of appeal shall be filed with the Planning and Development Services Department. A filing fee of $75.00 shall accompany the notice of appeal on lots of one acre or less. A fee of $100.00 on all other appeals.

4.

Public notice of any appeal shall be given by legal advertisement in a daily newspaper of general circulation in Bernalillo County at least 15 days before the date of the hearing. Written notice of any appeal, together with notice of the hearing date, shall be sent to the applicant, a representative of the opponents, and the appellant (if other than the applicant).

5.

When an appeal is withdrawn after scheduling and advertising for public hearing by the Board of County Commissioners, the filing fee shall not be refunded to the appellant.

6.

When the County Planning Commission has voted on a request for a special use permit and this action is appealed to the Board of County Commissioners, an extraordinary majority vote of the members of the Board of County Commissioners is required to approve the Special Use Permit where a written protest of the action is signed by each of the equitable owners of record of land comprising at least:

20 percent of the land within 100 feet, excluding right-of-way, of the land proposed for the special use permit.

7.

Protests from neighboring property owners seeking to invoke the extraordinary majority requirement shall be submitted on forms prescribed by the County Manager or his designee at least seven days prior to the scheduled Board of County Commissioners' hearing on the appeal.

8.

When an extraordinary majority vote is invoked, the following composition of the Bernalillo Board of County Commission shall be required:

(a)

Four votes are required when five commissioners are present;

(b)

Three votes are required when four commissioners are present;

(c)

Three votes are required when three commissioners are present.

9.

Where the appellant does not present clear and convincing evidence of having met the criteria listed in 6. above, a majority of the quorum of the Board of County Commissioners is required to affirm, reverse or modify a determination of the Planning Commission.

H.

Violation of the approved site development plan or any condition imposed by Bernalillo County in approving an application filed under this section shall constitute a violation of this ordinance and subject the permit to cancellation pursuant to this section.

1.

Procedures for Cancellation:

(a)

The Zoning Administrator or his designee has the duty of routinely inspecting the Special Use Permit to insure compliance with the approved development plan and conditions imposed Bernalillo County.

(b)

If the Zoning Administrator or designee shall find that any of the conditions of the approved site development plan or of the conditions imposed by Bernalillo County have not been complied with, they shall notify in writing, the owner, tenant, agent, occupant, or person in charge of the premises, indicating the nature of the violation and ordering its correction within 30 days.

(c)

In the event that a violation of the approved development plan or of the conditions imposed continues, the Zoning Administrator or designee may institute the appropriate action to cancel the Special Use Permit pursuant to this section or proceed against the owner, tenant, agent, occupant, or person in charge of the premises, pursuant to the Penalty section of this Ordinance.

(d)

Any violation of the approved site development plan or conditions imposed that continues for a period of 30 days after written notification by certified mail receipt return requested shall subject the Special Use Permit to cancellation pursuant to the process outlined under Section 18.E., Subsections 1, 2, and 3. In the event that the Special Use Permit is cancelled, all references to said Special Use Permit shall be removed from the official zone maps by the County Planning and Development Services Department.

2.

In the event a use authorized by a Special Use Permit is not established within 12 months of the date of approval or is discontinued for a period of 12 months, the County Planning Department shall send notification by certified mail return receipt requested requiring the property owner, tenant, agent, occupant or person in charge of the premises to state in writing within 30 days his or her intention to establish or continue said permit. If the property owner, tenant, agent, occupant, or person in charge of the premises, does not declare in writing his or her intention to establish or continue said permit, then authorization or approval may be cancelled and relevant documents, if any, shall be removed from the official zone maps by the County Planning and Development Services Department.

I.

Notwithstanding any provision of this ordinance to the contrary, the Board of County Commissioners may within one year from the date of adoption of this ordinance grant a special use permit for those uses for which plans are on file in the office of and have been approved by the Bernalillo County Zoning Administrator prior to April 17, 1973, on whatever terms or conditions it deems necessary without requiring an application, and unless the permit specifies to the contrary, the special use so granted will continue for the life of the use.

J.

Special Use Permits which were approved after April 17, 1973 by the Extraterritorial Land Use Authority or the Board of County Commissioners, in accordance and under the provisions set forth in the Special Use Permit Section may continue under whatever terms or conditions were imposed by the Extraterritorial Land Use Authority and the Board of County Commissioners, and unless the permit specifies to the contrary, the Special Use Permit so granted will continue for the life of the use.

K.

Text amendments. Text amendments to the Zoning Code to incorporate uses related to alcohol are not automatically allowed on sites that contain a Special Use Permit. A new Special Use Permit will be required to activate this type of use.

(Ord. No. 219, 7-17-93; Ord. No. 280, 10-15-74; Ord. No. 319, 2-3-76; Ord. No. 5-77, 5-17-77; Ord. No. 78-24, 4-18-78; Ord. No. 78-50, 7-18-78; Ord. No. 78-51, 7-18-78; Ord. No. 80-6, 3-25-80; Ord. No. 80-32, 6-17-80; Ord. No. 81-27, 8-18-81; Ord. No. 81-29, 8-18-81; Ord. No. 83-40, 10-18-83; Ord. No. 92-18, 12-15-92; Ord. No. 98-15, § 1, 7-14-98; Ord. No. 00-1, § 1, 1-11-00; Ord. No. 00-6, § 1, 6-27-00; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2007-13, § 1, 8-28-07; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2016-13, 4-12-16; Ord. No. 2016-32, 11-15-16; Ord. No. 2017-22, 11-28-17; Ord. No. 2025-8, 1-14-2025)

Where a nonresidential zone which is hereafter developed for a business purpose abuts a residentially zoned property, special buffer landscaping is required to minimize noise, lighting and sight impact of the nonresidential activities in the residential area.

A.

Landscaping and buffer landscaping will be required in all zones for office, commercial, industrial, and multifamily residential uses; R-1, A-1, A-2 and M-H residential uses are exempt.

1.

Sites of one acre or less:

a.

There shall be a landscaped setback along all streets of no less than ten feet.

b.

There shall be a landscaped buffer of six feet between single-family residential uses and office, commercial, industrial, and multifamily residential uses.

c.

Fifteen percent of all paved areas shall be landscaped. The landscaped setback shall contribute toward this requirement.

2.

Sites one acre and up to five acres. There shall be a landscaped setback along all streets of no less than 15 feet. All other requirements same as 1.b. and 1.c. above.

3.

Sites of five acres or more:

a.

There shall be a landscaped setback along all streets of no less than 20 feet.

b.

The landscaped setback shall not be counted toward the landscaping required as a result of paving.

c.

All other requirements [shall be the] same as 1.b. and 1.c. above.

B.

In a nonresidential zone, a solid wall or a solid fence at least six feet high shall be erected on sides abutting a single family residential zone, except for those sides abutting public right-of-way.

C.

The Zoning Administrator may approve an alternate landscaping plan which locates the buffer landscaping away from the residential/nonresidential boundary if he finds that:

1.

Noise, lighting and sight buffering of the residential zone can be accomplished at least as well with the alternate plan.

2.

The alternate landscaping plan does not result in less landscaped area than would have been required with the normal six-foot landscaping strip; and

3.

There is a solid wall or fence at least six feet high along all segments of the residential/nonresidential boundary which does not have the standard buffer landscaping strip.

D.

The landscaped buffer between residential and office, commercial, industrial, and multifamily residential uses shall consist primarily of trees one and one-half-inch minimum caliper, measured at two feet above ground level, and/or shrubs, five-gallon minimum size. The trees or shrubs shall form a largely opaque screen. However within a clear sight triangle, the trees or shrubs shall be maintained to a height of no higher than three feet. Planting of low-water-use varieties of vegetation and using rainwater collection and distribution systems to meet the intent of the buffering requirements are strongly encouraged.

E.

Landscaping which dies shall be replaced by the property owner who is obligated to provide it as expeditiously as possible, but in no case longer than 30 days after notification. If the 30-day period falls at a time of the year when planting of landscaping is inadvisable, a waiver may be granted by the Zoning Administrator to allow planting at the earliest possible time. The waiver and date of the planting deadline shall be recorded by the County Zoning Office.

F.

The landscaping strip shall not eliminate the requirements for a six-foot fence or wall if parking is adjacent to the landscaping strip.

G.

Parking spaces within a parking lot shall be no more than 50 feet from a tree.

H.

Nonconforming Landscaping. Premises which, when they were developed, were not required to be developed in accordance with the Landscaping and Buffer Landscaping Regulations Section of this ordinance, shall be made to conform with this regulation within two years due to the amendment of the map or text of this ordinance.

(Ord. No. 79-60, 10-16-79; Ord. No. 86-19, 6-24-86; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-22, § 1, 9-26-06)

This zone allows a variety of uses controlled by plans which govern the size, configuration, land use mix, densities, and other features on sites suitable for planned communities in the reserve and rural areas.

(A)

Control.

(1)

Permissive and Conditional Uses Where Guided by Appropriate Plans. Consistent with Bernalillo County Resolution 116-86 and the Planned Communities Criteria adopted by that resolution, or as they may hereafter be amended or superseded; a planned community may contain any use and development consistent with adopted plans for that planned community, which plans shall be of the following three levels.

(a)

A rank two Area Plan known as a Level A Community Area Plan is required to guide the preparation of Sector Development Plans; typical community size, range would be 500 to 15,000 acres and demonstrate an integrated and self sufficient model of development; and

(b)

More detailed rank three Sector Development Plans known as Level B plans and called either village plans, or plans for community centers, employment centers, or urban centers; specific zoning regulations and transportation corridors are determined by these Level B Plans as follows:

1.

Specific uses, including residential, industrial, light industrial, transit oriented development, office, and commercial zoning with an emphasis on mixed-use zones where appropriate.

2.

Transportation corridors (streets, roadways, trials, etc.) shall employ grid patterns and multi-modal options to ensure efficient access and circulation. Dead-end streets, cul-de-sacs, and other designs that limit modal choices and pedestrian cross-access should be avoided.

3.

Phasing schedules for the master plan with an emphasis on the creation of primary employment prior to, or in conjunction with, housing and residential uses.

(c)

Subsequent Level C subdivision plats and/or site development plans as regulated by the zoning regulations determined by Level B Plans.

(2)

Uses Not Established by a Level B Plan. Until a Level B plan has been adopted by the County to govern a site, uses and regulations specified in the Level A Development Agreement, which must accompany initial county zoning, shall govern the interim permissive and conditional uses. The uses shall be consistent with the Level A Plan: community plan.

(3)

Open Space. Open space in a planned community shall preserve environmental resources in a network of public and private areas linking land uses and established community identity, consistent with the policies of the Planned Communities Criteria.

(B)

Procedure.

(1)

Adoption and amendment of rank two Level A plans is by the Board of County Commissioners. It is initially done when the PC zone is mapped for a community; application for the PC zone shall be accompanied by a proposed Level A plan for the planned community.

(2)

Adoption and amendment of rank three Level B plans is by the Board of County Commissioners.

(3)

Adoption and amendment of the Level C subdivision and site development plans is by the County Development Review Authority subject to appeal to the Planning Commission.

(Ord. No. 2012-18, § 1, 9-11-12)

A.

The following Overlay Zones apply to areas where they are mapped in addition to the provisions of another zone. Where the provisions of Overlay Zones conflict with the provisions of another section of this Ordinance, the provisions of the Overlay Zone shall apply.

1.

AP Airport Protection Overlay Zone:

a.

These overlay zones are appropriate to be used in the vicinity of airports. They are particularly appropriate for essentially undeveloped land. The purpose of these zones is to encourage land use patterns that will separate uncontrollable noise sources from residential and other noise-sensitive areas and to facilitate the orderly development of areas around airports.

b.

The boundaries of the following overlay zones shall be based on expected airport area intermittent noise levels, based on averaged ambient conditions existing and projected aircraft operations. The effect of noise generated by any other specific land use is not reflected in the Ldn contours which are used to establish the overlay boundaries.

c.

AP-1:

(1)

The AP-1 Airport Protection Overlay Zone may be mapped in areas which, due to the operation of aircraft, the noise rating is more than 75 Ldn.

(2)

Permissive Uses. In addition to the limitations on development and use contained in the underlying zone, uses allowed in this overlay zone are limited to the following:

(a)

Agriculture including incidental nonresidential facilities, except mink and poultry production.

(b)

Fishing.

(c)

Mining.

(d)

Open Space.

(e)

Parking of Vehicles.

(f)

Transportation routes, including roads, rail lines, and plane runways or taxiways.

d.

AP-2:

(1)

The AP-2 Airport Protection Overlay Zone may be mapped in areas where, due to the landing or takeoff of aircraft, the noise rating is over 65 and not more than 75 Ldn.

(2)

Permissive Uses. In addition to the limitations on development and use contained in the underlying zone, uses allowed in this overlay zone are limited to the following:

(a)

Uses allowed in the AP-1 overlay zone.

(b)

Cemetery.

(c)

Commercial activity (including manufacturing, transportation facilities, retailing, services, utilities, warehousing and wholesaling) except:

i.

Outdoor theaters and stadiums are not permitted.

ii.

Hotels and motels are permitted only if: Construction techniques provide ten decibels extra noise reduction over the industry average for similar structures; certification of such reduction by a qualified architect, structural engineer, or acoustical engineer registered in the State of New Mexico shall be presented to show compliance; and if Airport hazard insurance is available to said establishments.

e.

Conditional Uses. Any permissive use or conditional use allowed by the underlying zone and not permissive in the overlay zone, provided that due to the particular nature of the use or the special character of the enclosing structure it is clear that:

(1)

The use will not be adversely affected by noise expected to be generated by operation of aircraft; or

(2)

A small amount of adverse effect from the noise expected to be generated by operation of aircraft is clearly outweighed by a special need for the use at the site proposed.

2.

DO Design Overlay Zone:

a.

General. This overlay zone may be used for areas which deserve special design guidance but do not require complete design control of development; areas so zoned shall be at least 320 acres or they may be of any size specified by a controlling Rank Three Sector Plan, as identified in the County's Plan Ranking Ordinance (#84-26). This overlay zone shall meet at least two of the following three conditions:

(1)

Contain highly scenic natural features or physical setting, or have highly significant views.

(2)

Have development potential which is likely to require unusually complex coordination of flood control, transportation, open space, and urban land uses.

(3)

Have a strong role in the development of the form of the metropolitan area: arterial street, corridors, or critical areas near urban centers or historic zones.

b.

Control. Design regulations, which control specified critical design aspects of the area, shall be adopted by the Board of County Commissioners in the resolution applying the Design Overlay Zone to any given area. Such regulations shall be as specific as possible so that developers and designers will have a clear indication as to what development designs are acceptable. These regulations will address specified design criteria; total design control of development is not intended. Any construction or alteration of buildings or sites which would affect the exterior appearance of any lot within the overlay zone shall be consistent with the adopted regulations. However, building demolition shall not be controlled by the regulations.

c.

Advisory Design Guidelines. The Board of County Commissioners, the County Planning Commission, or the County Planning Director may promulgate advisory design guidelines to supplement the design regulations. Such guidelines need not necessarily be followed by developers, but their observance is suggested in order that development might fully achieve the design potential of the area.

d.

Procedure for Individual Premises. Required design review and approval shall be by the County Planning Director. Approval as to compliance with the adopted design regulations shall be certified by signature.

(Ord. No. 79-60, 10-16-79; Ord. No. 84-23, 5-15-84; Ord. No. 89-2, 2-21-89; Ord. No. 92-18, 12-15-92; Ord. No. 2010-2, 1-26-10, eff. 2-25-10)

A.

The regulations set forth in this section, or set forth elsewhere in this section, when referred to in this section are the regulations in the Sector Development (SD) Zone. The purpose of this zone is to allow a mixture of uses controlled by a Sector Development Plan which specifies new development and redevelopment that is appropriate to a given neighborhood, when other zones are inadequate to address special needs.

The SD zone is appropriate to map where it is applied to an entire neighborhood or a major segment of a neighborhood, and if it is determined that the area proposed for the sector development plan meets at least one of the following criteria:

(1)

The area is developed such that the requirements of other available zones do not promote the conservation of special neighbored characteristics, which the County desires to preserve; or

(2)

The area has developed or should develop with a pattern of mixed land uses, which will need careful control and coordination of development at a sub-area scale in order to insure a desirable mixture of uses; or

(3)

There are factors which substantially impair or arrest the sound growth and economic health and well-being of the area, or the area constitutes an economic or social burden and is a menace to the public health, safety, or welfare in its present condition and use.

B.

Use Regulations. The Sector Development Plan shall specify permissive, conditional and prohibited uses for locations within the plan area.

C.

Height and Area Regulations. The Sector Development Plan shall specify height and area regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

D.

Landscape and Buffer Landscaping. The Sector Development Plan shall specify landscape and buffer landscaping regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

E.

Parking. The Sector Development Plan shall specify parking regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

F.

Procedures:

1.

Application: New or amended plans are initiated by application to the County on prescribed forms. Each application shall be accompanied by sufficient copes of the proposed plan, evidence of interest in the property and other related information as required by the County. Submission of inaccurate information with an application is grounds for denial.

Applications may be made only by a representative of the County or by a person with direct financial, contractual or proprietary interest in the affected property. The application shall be subject to the same fee and other procedures as changes to the zone map in areas not governed by a Sector Development Plan, except that the notification requirements shall be as follows:

a.

Public notice of the hearing shall be mailed not less than ten (10) business days before the date of the hearing to the owners of all property adjacent to the subject Sector Development Zone area. For these purposes, the last known name and address of the owner shown in the record of the Bernalillo County Assessor shall be used.

b.

For properties that are two acres or less in area, notice of the public hearing shall be mailed to the owners within 200 feet of the subject area proposed to be changed by a sector development zone by certified mail, return receipt requested.

c.

For areas in excess of two acres, the notification radius shall be 500 feet form the exterior boundary of the subject Sector development Zone area. Notice of the public hearing shall be mailed by first class mail to the adjacent property owners, excluding public rights-of-way, of the area proposed to be changed by a zoning regulation.

d.

If notice by first class mail to the owner is returned undelivered, Bernalillo County shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested, to that address.

e.

When any of the property immediately beyond the radius described herein is under the same ownership as the property that is the subject of the application, the owner of the property next adjacent, disregarding public ways, also shall be notified.

2.

Amendment: Where the official zone map has been set by a sector development plan, application for amendment of the zone map is through amendment of the plan. The application for amendment shall be subject to the same fee and other procedures as changes to the zone map in areas not governed by a sector development plan, except that the notification requirements shall be as described in subsection 1.a.-1.e. as listed above, except that c. is not applicable, all notice will follow b.

Applications for amendment of the text of a previously adopted sector development plan shall be subject to the same fee and other procedures as changes to the text of this Zoning Code, except that the notification requirements shall be as described above.

The Zoning Administrator may approve minor amendments to an approved Sector Development Plan if the revised plan is consistent with the use and other requirements originally approved by the Board of County Commissioners or Extraterritorial Land Use Authority, if the buildings and other improvements are the same general size as originally approved, the vehicular circulation has similar affects on adjacent properties and streets, and the Zoning Administrator finds that neither the County nor any person will be substantially aggrieved by the altered plan.

The determination of minor vs. major amendments shall be made by the County Zoning Administrator as specified in CZO Section 20.5.

(Ord. No. 2003-4, § 1, 6-24-03; Ord. No. 2007-13, § 1, 8-28-07; Ord. No. 2024-8, 1-23-24)

A.

Off-Street Parking Requirements. In all zones there shall be provided at the time any building or structure is erected or structurally altered (to the extent hereinafter provided), off-street parking spaces in accordance with the following requirements:

1.

Amusement facility (other than drive-in theater, uses with fixed seating and those listed elsewhere in this section), including swimming pool, kiddieland, amusement park, miniature golf course, golf driving range: Two parking spaces, plus one additional space for each four persons accommodated by the facility during operation at full capacity.

2.

Bowling alley. Four spaces for each alley.

3.

Church or temple: One parking space for each four seats in the main auditorium.

4.

Community center, library, museum or art gallery: Ten parking spaces, plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

5.

Dwelling unit. Parking space for each bathroom or fraction thereof provided in the dwelling unit, but not less than two spaces per dwelling unit. One additional space for each secondary dwelling unit.

6.

Furniture, appliance or implement store, hardware store, wholesale establishment, machinery or equipment sales and service. Two parking spaces, plus one additional space for each 300 square feet of floor area over 1,000 square feet.

7.

Hospital, sanitarium, or nursing home. One parking space for every two beds.

8.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, or similar establishment. Two parking spaces for each three employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

9.

Medical or dental office, clinic, including veterinary clinic. Five parking spaces for each doctor.

10.

Mortuary. One parking space for each 50 square feet of floor space in the parlors or individual funeral service rooms.

11.

Motel, hotel, tourist home or guest ranch. One parking space for each sleeping room or rental unit.

12.

Printing or plumbing shop or similar service establishment. One parking space for each three persons employed therein.

13.

Private club, lodge or union headquarters. One parking space for each five members.

14.

Restaurant, bar, nightclub, cafe, dance hall, skating rink or similar recreation or amusement establishment, or an assembly or exhibition hall without fixed seats. One parking space for each 100 square feet of floor area with fixed seats; one parking space for each four seats.

15.

Retail store, office (other than medical or dental), or personal service establishment not otherwise specified herein. One parking space for each 200 square feet of floor area.

16.

Rooming[house] or boardinghouse. One parking space for each two sleeping rooms.

17.

School. One parking space for each four seats in the main auditorium, or three spaces for each classroom, whichever is greater.

18.

Theater, auditorium, sports arena, stadium, gymnasium, rodeo arena, polo grounds. One parking space for each four seats or seating spaces.

19.

Mobile home park, manufactured home park. Two parking spaces for each mobile home or dwelling unit.

20.

Flea market. One parking space per 200 square feet of sales area, plus one parking space for each separately rented sales space.

21.

Parking for bicycles. Residential uses; five or more dwelling units or mobile homes. One bicycle space per two dwelling units. Nonresidential uses; one bicycle space per each 20 off-street parking spaces required for each motor vehicle, unless otherwise specified below:

1.

Drive-in theater.

2.

Mortuary.

3.

Motel or hotel.

_____

B.

Handicapped Parking Requirements. Parking spaces for vehicles with valid distinctive registration plates for the physically disabled as provided by NMSA 1978, § 66-3-16 shall be provided off-street in the amount indicated in 1 of this subparagraph and meeting the standards indicated in 2 of this subparagraph. While disabled parking configurations approved under prior zoning regulations will be considered conforming, no building permit shall be issued for new construction or renovation of a building resulting in an increase in required minimum number of parking spaces unless the parking lot has designated disabled parking spaces as described in this subparagraph. However, see 3 below as to newly required signs for existing off-street parking.

1.

The minimum numbers of designated disabled parking spaces are as follows:

_____

2.

Such spaces shall be:

a.

At least eight feet in width (96 inches) and 20 feet in length. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. Parking vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (two percent) in all directions.

b.

The designated disabled parking spaces shall be located so as to provide convenient access, at least 36 inches wide, to a primary, accessible building entrance unobstructed by bumpers, curbs, or other obstacles to wheelchairs. The site design shall not permit parked vehicle overhangs or any other obstacle to reduce the clear width of adjacent walkways.

c.

Each disabled parking space shall be designated by its own conspicuously posted upright sign, either freestanding or wall mounted, showing the international disabled symbol of a wheelchair; it may include such wording as "disabled parking." Each sign shall be no smaller than 12 by 18 inches. Each sign shall have its lower edge no less than four feet above grade. Signs shall be maintained in good condition; in parking lots serving nonresidential uses, barriers shall protect freestanding signs from being hit by motor vehicles. However, for any such spaces required for dwelling parking, where the premises is required to have ten or fewer off-street parking spaces, no sign need be displayed so long as no person with need of a designated disabled parking space is a resident on the premises.

3.

Legally installed disabled parking spaces with any clearly visible depiction of the international disabled symbol of a wheelchair may continue with only such marking until June 30, 1993. Beginning July 1, 1993, all disabled parking spaces shall be marked in conformance with 2.c. of this subparagraph above.

C.

General Rules for Determining Parking Requirements. In computing the number of off-street parking spaces required, the following rules shall govern:

1.

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

2.

The parking space requirements for a use not specifically mentioned herein shall be the same as that required for use of similar nature as determined by the Zoning Administrator.

3.

Whenever a building or use constructed or established after the effective date of this ordinance is changed or enlarged in floor area, number of employees, seating capacity or otherwise to create a need for an increase of ten percent or more in the number of existing parking spaces, such space shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this ordinance is enlarged to the extent of 50 percent or more in floor area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

4.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

5.

Each 30 inches of pew or bench space is considered one seat.

D.

Location and Improvement of Parking Areas:

1.

All parking spaces required herein shall be located on the same site with the building or use served.

2.

All open parking areas in R-2, O-1, C-N, C-1, C-2, C-LI, M-1, and M-2 zones shall be surfaced with a durable surface consisting of concrete or bituminous material.

3.

Parking spaces shall be appropriately marked to indicate the location of the space.

E.

Off-Street Loading and Unloading Spaces. Off-street loading and unloading spaces shall be required as determined by the Zoning Administrator, and shall be so located that loading and unloading activity will not block or restrict a public way.

F.

Fire Lanes and Emergency Vehicle Parking. Whenever a building or use constructed or established after the effective date of this ordinance [May 17, 1973] shall then and thereafter provide Fire Lanes and/or Emergency Vehicles parking as required by the Bernalillo County Fire Department or their designee.

(Ord. No. 280, 10-15-74; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2022-16, 8-9-22)

A.

The regulations set forth in this section qualify or supplement the zone regulations appearing elsewhere in this ordinance.

B.

Modification of Height Regulations:

1.

The height regulations as prescribed in this ordinance shall not apply to:

a.

Belfries.

b.

Chimneys.

c.

Church spires.

d.

Silos.

e.

Conveyors.

f.

Cooling towers.

g.

Elevator bulkheads.

h.

Fire towers.

i.

Flagpoles.

j.

Monuments.

k.

Ornamental towers and spires.

l.

Smokestacks.

m.

Stage towers or scenery lofts.

n.

Tanks.

o.

Water towers.

p.

Windmills.

2.

Public, semipublic, or public service buildings, hospitals, institutions, or schools, when permitted in a zone, may be erected to a height not exceeding 60 feet. Churches may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by at least one foot for each foot of additional building height regulations for the zone in which the building is located.

3.

A wall or fence may be built within the required setback, provided it does not exceed eight feet in height and does not in the opinion of the Zoning Administrator create a traffic hazard at intersections of streets and driveways.

C.

Special height and use regulations near airports are contained in the Albuquerque Sunport Zoning Ordinance.

D.

Modification of Area Regulations:

1.

Yards, General:

a.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required rear yard.

b.

Where a lot is used for a commercial or industrial purpose, more than one main building may be located on the lot, but only when such buildings conform to all open space requirements around the lot for the zone in which the lot is located.

2.

Accessory Building and Structures:

a.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

b.

Service station pumps and pump islands may occupy the required yards provided, however, that they are not less than 12 feet from street lines.

c.

Accessory, open and uncovered swimming pools may occupy a required rear and/or side yard provided they are not located closer than ten feet to the rear or side lot line and provided they are surrounded by a duly approved wall or fence at least six feet high.

d.

Reserved.

e.

Any accessory building which does not contain living quarters may be located nearer than five feet to the side or rear lot lines, provided it complies with the following requirements:

(1)

The wall of any such building facing a side or rear lot line which is not a street or alley line shall be fire-resistive to the standard required by the Bernalillo County Building Code.

(2)

The wall of any such building adjoining a side or rear lot line shall contain no provision for ingress or egress unless special approval is granted by the Zoning Administrator.

(3)

If there is no common wall between accessory buildings, or if the walls are not adjoining, there shall be at least five feet between such buildings.

f.

Any accessory building shall be at least ten feet from any dwelling or accessory living quarters except that any accessory building which does not contain living quarters may be closer than ten feet to another accessory building which does not contain living quarters; provided, however, that if there is no common wall between such accessory buildings or if the walls are not adjoining, there shall be at least five feet between the accessory buildings. No accessory building may extend across the width of the yard unless a passage of at least five feet is provided at some point along such width.

3.

Front Yards:

a.

Where an official line has been established for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

b.

Garages detached or attached to the main building and entering on the side street of a corner lot shall maintain a setback of 20 feet in front of the garage.

(Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12)

A.

Purpose. The State of New Mexico has adopted the Cannabis Regulation Act allowing for the production, sale, and consumption of cannabis by adults in the State of New Mexico. The regulations set forth in this section qualify or supplement the zone regulations appearing elsewhere in this ordinance and establish the requirements for cannabis uses in Bernalillo County.

B.

Definitions of Cannabis Uses. Words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory, and the word "may" is permissive.

Adult-use cannabis means cannabis that is authorized for sale pursuant to the Cannabis Regulation Act, but does not include medical cannabis.

Cannabis:

(1)

Means all parts of the plant genus Cannabis containing a delta-9-tetrahydryocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and

(2)

Does not include:

(a)

The mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or

(b)

The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or another product.

Cannabis consumption area means an area where cannabis products may be served and consumed.

Cannabis courier means a person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.

Cannabis establishment means:

(1)

A cannabis testing laboratory;

(2)

A cannabis manufacturer;

(3)

A cannabis producer;

(4)

A cannabis retailer;

(5)

A cannabis research laboratory;

(6)

A vertically integrated cannabis establishment;

(7)

A cannabis producer microbusiness; or

(8)

An integrated cannabis microbusiness.

Cannabis extract:

(1)

Means a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the division; and

(2)

Does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product.

Cannabis flowers means only the flowers of a cannabis plant.

Cannabis manufacturer means a person that is licensed to:

(1)

Manufactures cannabis products;

(2)

Packages cannabis products;

(3)

Has cannabis products tested by a cannabis testing laboratory; or

(4)

Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.

Cannabis producer means a person that:

(1)

Cultivates cannabis plants;

(2)

Has unprocessed cannabis products tested by a cannabis testing laboratory;

(3)

Transports unprocessed cannabis products only to other cannabis establishments; or

(4)

Sells cannabis products wholesale.

Cannabis product means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients.

Cannabis research laboratory means a facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses.

Cannabis retailer means a person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.

Cannabis retail establishment means a location at which cannabis products are sold to qualified patients, primary caregivers and reciprocal participants and directly to consumers.

Cannabis testing laboratory means a person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.

Commercial cannabis activity:

(1)

Means the cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products; and

(2)

Does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation or use of cannabis.

Commercial cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis for sale, consignment, or transport.

Consumer means a person who purchases, acquires, owns, possesses or uses a cannabis item for a purpose other than resale.

Facility means a building, space or grounds licensed for the production, possession, testing, manufacturing or distribution of cannabis, cannabis extracts or cannabis products.

Homegrown or homemade means grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration.

Household means a housing unit and includes any place in or around the housing unit at which an occupant of the housing unit produces, manufactures, keeps or stores homegrown cannabis or homemade cannabis products.

Industry standards means the prevailing customary standards of business practice in the cannabis industry in jurisdictions within the United States.

Licensed premises means a location that is licensed pursuant to the Cannabis Regulation Act and includes:

(1)

All enclosed public and private areas at the location that are used in the business operated pursuant to a license and includes offices, kitchens, restrooms and storerooms;

(2)

All areas outside of a building specifically licensed for the production and manufacturing of cannabis items; and

(3)

With respect to a location specifically licensed for the production of cannabis outside of a building, the entire unit of land that is created by subdivision or partition of land that the licensee owns, leases or has a right to occupy.

Lounge means a facility licensed by the Cannabis Control Commission to sell cannabis items only for on-site consumption.

Manufacture means to compound, blend, extract, infuse, package or otherwise prepare a cannabis product.

Medical cannabis means cannabis items used by a qualified patient in accordance with the Lynn and Erin Compassionate Use Act.

Personal production means homegrown cannabis cultivation for personal use not dependent or conditioned upon the provision or receipt of financial consideration.

Public place means a place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation.

Qualified patient means a resident of New Mexico who holds a registry identification card pursuant to the Lynn and Erin Compassionate Use Act.

Reciprocal participant means a person who is not a resident of New Mexico and who holds proof of enrollment by a governmental regulatory authority to participate in the medical cannabis program of another state of the United States, the District of Columbia or a territory or commonwealth of the United States in which the person resides or a person who holds proof of enrollment by a governmental regulatory authority of a New Mexico Indian nation, tribe or pueblo to participate in its medical cannabis program.

School means a place utilized by an organized body to educate, cultivate, or advance mentally or culturally, i.e.: private or public school, academies, universities, day care centers, etc.

Volatile solvent means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

C.

Use Regulations. A building or premises shall be used only for the following purposes. All uses customarily incidental to the building or premises shall be maintained on site.

1.

Prohibited Uses.

a.

Any use not designated a permissive use in this zone, unless otherwise authorized by this Code; or

b.

Any use not recognized as customarily incidental to a permitted use in the zone.

2.

Permissive Uses:

a.

Personal production in all County zones;

b.

Commercial cultivation in A-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care and further:

1.

Outdoor cultivation is limited to 25 percent of usable lot area for lots one acre or less, 50 percent of usable lot area for lots five acres and less, 75 percent of usable lot area for lots larger than five acres, and be located behind a solid wall or fence no less than six feet in height. In addition, lots one-half acre or less shall maintain a 20 feet setback from any property line for any outdoor cultivation area;

2.

Cultivation over the area limitations described above or cultivation in a structure shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer.

c.

Cannabis courier in C-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care;

d.

Cannabis retail establishment in the C-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care;

e.

Cannabis lounge in the C-1 and higher zones provided:

1.

The licensed premises is located no less than 300 feet from a school, day care, or conforming residential zone, and;

2.

Smoking of cannabis flowers is not allowed outdoors, and;

3.

Smoking of cannabis flowers in such consumption area 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, and;

4.

Smoking shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer, and;

5.

Access to the cannabis consumption area is restricted to persons 21 years of age or older, qualified patients, and/or reciprocal participants in accordance with the Lynn and Erin Compassionate Use Act;

f.

Cannabis testing laboratory and cannabis research laboratory in the C-LI and higher zones provided the licensed premises is located no less than 300 feet from a school, day care, or conforming residential zone and that testing shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer;

g.

Cannabis manufacturer in the C-LI and higher zones provided the licensed premises is located no less than 300 feet from a school, day care, or conforming residential zone;

1.

Manufacturing using volatile solvents must be located 1,000 feet from any conforming residential zone and have adequate fire suppression systems meeting the requirements of the International Code Conference Building Code and/or Fire Marshall and;

2.

Manufacturing shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer;

D.

Height Regulations. The same regulations apply as the zone in which the use occurs except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

E.

Area Regulations. The same regulations apply as the zone in which the use occurs except as provided in the Supplementary Height and Area Regulations Section of this ordinance.

F.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

G.

Sign Regulations. The same regulations apply as the zone in which the use occurs.

H.

Special Use Permits. In certain situations, the owner may apply for any of the specific uses set forth in Section 22.4.20 of this Ordinance per the procedure set forth in Section 18 of this Ordinance. This type of Special Use Permit may not be granted for lots that do not meet the minimum area regulations of their specified zone nor for lots zoned SD or PC, unless prescribed in their related plan. The special use permit may be granted if:

a.

The minimum lot area is five acres;

b.

Volatile solvents are not used;

c.

The property owner must meet the requirements of all adopted County Code.

(Ord. No. 2021-31, 12-14-21)

A.

Basic Requirements. The following regulations shall apply to all wireless telecommunications facilities in all zones, unless otherwise stated.

1.

Setbacks:

a.

A freestanding wireless telecommunications facility shall be set back a minimum of 85 feet from any property line or at a one to one ratio (one foot of setback for every foot of tower height from the property lines of the premises), whichever is greater, from any property zoned A-1, A-2, R-1, R-2, or M-H.

b.

New freestanding wireless telecommunications facilities in electric substations shall be exempt from the one to one setback requirement if they are no taller than the existing utility poles in the substation.

c.

Except as stated in (a) and (b) above, setbacks shall conform to the setback requirements of the zone in which the wireless telecommunications facility is located.

2.

Lighting and Signage:

a.

Only security lighting or lighting required by a state or federal agency is allowed, provided:

(1)

The location of the lighting fixture together with its cut-off angle shall be such that it does not shine directly on any public right-of-way or any residential premises.

(2)

The lighting shall not have an off-site luminance greater than 1,000 footlamberts; it shall not have an off-site luminance greater than 200 footlamberts measured from any property zoned A-1, A-2, R-1, R-2, or M-H.

b.

The only signage permitted is that required by state or federal law.

3.

Telecommunications Equipment Building or Cabinet shall:

a.

Not contain more than 350 square feet of gross floor area per service provider and shall not be more than ten feet in height.

b.

Maintain the minimum setback and screening requirements of the zone in which it is located or as otherwise defined in this section.

4.

Abandonment: All wireless telecommunications facilities that are not in use for six consecutive months shall be removed by the wireless telecommunications facility owner. This removal shall be completed within three months after the end of such six-month period. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation.

5.

Collocation: No new free-standing wireless telecommunications facility shall be permitted unless the Zoning, Building and Planning Director or his/her designee determines, upon the applicant's demonstration, that no existing tower, structure or public utility structure located within ¼ mile of the proposed site can be used in lieu of new construction to accommodate the applicant's proposed telecommunications facility. The applicant shall submit documentation to demonstrate that:

a.

No existing tower, structure, or public utility structure is located within the ¼ mile radius that meets the applicant's engineering requirements; or

b.

No existing tower, structure, or public utility structure is located within the ¼ mile radius which has sufficient structural strength or space available to support the applicant's proposed telecommunications facility and related equipment; or

c.

The applicant's proposed telecommunications facility would cause significant, unavoidable electromagnetic interference with the antenna(s) on the existing towers, structures or public utility structures, or the antenna(s) on the existing towers, structures or public utility structures would cause interference with the applicant's proposed telecommunications facility; or

d.

The owners of existing towers, structures, or public utility structures within the ¼ mile radius will not allow the applicant to place its telecommunications facility thereon, or such owners are requiring payments for the use of their tower that substantially exceed commercially reasonable rates.

6.

Interference: Every wireless telecommunications facility shall meet the regulations of the Federal Communications Commission regarding physical and electromagnetic interference.

7.

Health Issues: Every wireless telecommunications facility shall meet health and safety standards for electromagnetic field emissions as established by the Federal Communications Commission and any other federal or state agency.

8.

View Corridors: Only concealed wireless telecommunications facilities or wireless telecommunications facilities, the antennas of which are all located on existing vertical structures, are allowed within ⅛ mile from the outer edge of the right-of-way of any flood control arroyo designated by the County of Bernalillo, City of Albuquerque, or Albuquerque Metropolitan Arroyo Flood Control Authority and identified as part of an existing or future trail system by the County or City, or the following streets: Alameda Boulevard, Griegos Road, Coors Boulevard, Central Avenue, Unser Boulevard, Paseo del Norte, Rio Grande Boulevard, Tramway Boulevard, Interstate 25, Interstate 40, Old US Highway 66 (New Mexico 333), New Mexico 14, New Mexico 337 (Highway 14 South), New Mexico 217, Mountain Valley Road, Frost Road, Sandia Crest Road (New Mexico 536), Vallecitos Road and Gutierrez Canyon Road. All other wireless telecommunications facilities are prohibited within ⅛ mile of the outer edges of the right-of-way of the aforementioned view corridors.

9.

Historic Districts: Only concealed wireless telecommunications facilities are allowed within districts listed in the State Register of Cultural Properties or the National Register of Historic Places, or within ⅛ mile of any historic routes listed in the State or National Registers.

10.

Application requirements: In addition to information already required by the Zoning Ordinance, each applicant for a wireless telecommunications facility shall provide the Zoning, Building and Planning Department with the following:

a.

The zone map(s) specific to the application-site, from the County's Zone Atlas, drawn to scale, showing land uses and zoning designations, including those within the City of Albuquerque or other jurisdictions.

b.

Documentation regarding collocation as described in section 22.5.A.5. of this ordinance.

c.

A set of plans which, in addition to other requirements in this Ordinance, includes:

(1)

A scaled site development plan clearly indicating the location, type, color and height of any proposed wireless telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other jurisdictions), Comprehensive Plan classification of the site, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of any wireless telecommunications facility, topography, and parking layout;

(2)

A notarized statement from the applicant that describes the facility's capacity and declares the number and type(s) of antenna(s) that it can accommodate, or an explanation of why the facility cannot be designed to accommodate other users;

(3)

An engineer's stamp and registration number;

(4)

The separation distance between any tower and other telecommunications facilities and identification of the owner(s) of those facilities; and

(5)

Any other information as requested by the county needed to evaluate the application;

d.

A letter of intent committing the wireless telecommunication facility owner and its successors to allow shared use of the facility if an additional user agrees in writing to meet reasonable terms and conditions of shared use.

e.

In addition, the first application for a permit by a wireless telecommunications provider after adoption of this ordinance shall include an inventory of the applicant's existing wireless telecommunications facilities or approved sites for such facilities within the unincorporated portion of Bernalillo County or within one thousand feet of the border of the unincorporated area.

11.

Criteria for Concealed Wireless Telecommunications Facilities. Concealed wireless telecommunications facilities must be:

a.

Architecturally integrated with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape.

b.

Located to avoid a dominant silhouette of a wireless telecommunications facility on escarpments and mesas, and to preserve view corridors.

c.

Located on existing vertical infrastructure, such as utility poles or public utility structures, if possible.

d.

Located in areas where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

12.

Landscaping and Screening: The following regulations shall apply to landscaping and screening:

a.

Freestanding wireless telecommunications facilities shall be surrounded by a six-foot high fence or wall, which shall be solid if facing or abutting a lot zoned A-1, A-2, R-1, R-2, or M-H. Chain link with slats shall not constitute a solid fence.

b.

Any free-standing wireless telecommunications facility facing or abutting a property used for residential purposes shall include landscaping along the outside of the required fence or wall that is planted and maintained according to a Landscaping Plan approved by the Zoning, Building and Planning Director or his/her designee. Such landscaping shall meet the intent of the Landscaping and Buffer Landscaping Regulations Section of this ordinance. The Zoning, Building and Planning Director may waive this requirement if the freestanding wireless telecommunications facility is not readily visible from surrounding properties or rights of way and it is determined that providing the required landscaping is not necessary to meet the intent of this ordinance.

c.

Concealed wireless telecommunications facilities are not subject to the landscaping and screening requirements of this section.

13.

Horizontal Separation of Free-standing Wireless Telecommunications Facilities: Free-standing wireless telecommunications facilities shall be separated by at least 1,000 feet.

B.

Exclusions. Every wireless telecommunications facility located within the county, whether upon private or public lands, shall be subject to the provisions of this ordinance. The following facilities, however, shall be exempted from the regulations for wireless telecommunications facilities:

1.

Amateur radio stations if owned and operated by a federally licensed amateur radio station operator;

2.

Receive-only antennas if used exclusively as a receive-only facility;

3.

Any existing tower and antenna provided a building permit was issued for the tower or antenna prior to adoption of this ordinance;

4.

Wireless telecommunications facilities used exclusively for emergency services including sheriff, police, fire, EMS, and operation of a water utility system; and

5.

Any antennas used for AM, FM or TV broadcasting, which are regulated under the Special Use Section of this ordinance.

C.

Variances. Variances may be granted from the requirements of these regulations by the Zoning Administrator, following the procedures in the administration section of this ordinance.

1.

Any such variance shall be based on the following criteria:

a.

It is in the best interest of the community as a whole;

b.

It will expedite the approval of an antenna, tower, or tower alternative;

c.

It will not jeopardize public health, safety and welfare;

d.

It will either ameliorate the adverse impacts of antenna and tower proliferation or the adverse impact of requiring new construction of towers or antennas; and

e.

It will better serve the purposes of this ordinance.

2.

The facts to be considered by the Zoning Administrator in reviewing an application for such a variance shall include:

a.

The height of the proposed tower;

b.

The proximity of the tower or antenna to residential structures and residential district boundaries;

c.

The nature of uses on adjacent and nearby properties;

d.

The surrounding topography;

e.

The surrounding vegetation and foliage;

f.

The design of the tower or antenna, with particular reference to design characteristics intended to reduce or eliminate the tower's or antenna's visibility;

g.

The proposed ingress and egress;

h.

The availability of suitable existing towers or other structures; and

i.

Such other factors as may be relevant.

(Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04)

A.

Nonconforming Building or Structure:

1.

Any building or structure nonconforming as to use is not required to be made to conform, except:

a.

Any mobile home park nonconforming as to use shall be removed unless it is granted a Special Use Permit as enumerated for a mobile home/manufactured home park. The minimum lot size requirement for a Special Use Permit does not apply to nonconforming mobile home parks.

2.

Any mobile home nonconforming as to use as a dwelling is not required to be made to conform and shall not be replaced with another mobile home. However, in the A-1 or A-2 zone, such use may be further continued upon receipt of a conditional use permit.

3.

Any nonconforming sign, billboard, or advertising structure which does not conform to provisions of this ordinance is not required to be made to conform.

4.

Any nonconforming sign, billboard, or advertising structure may be repaired maintained, provided that such changes shall not enlarge the overall square foot area or the height of the sign.

5.

Any nonconforming building or structure may be maintained, repaired, or altered, provided that any building or structure nonconforming as to use shall not be structurally altered except as required by law.

6.

Any building or structure nonconforming only as to height regulations shall not be added to or enlarged unless such addition or enlargement conforms to all of the regulations of the zone in which it is located.

7.

Any building or structure nonconforming only as to yard requirements shall not be added to or enlarged unless such addition or enlargement conforms to all the regulations of the zone in which the building or structure is located.

8.

Any nonconforming building or structure may be moved in whole or in part to another location on the lot, provided that every portion of such building or structure which is moved is made to conform to all of the regulations of the zone in which it is located, or in the event such moving will make it nonconforming to a lesser extent.

9.

Any nonconforming building or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or public enemy, may be restored, but not to an extent greater than the original floor area which existed at the time of the damage, provided such restoration shall be started within six months of the damage and shall be prosecuted diligently to completion.

10.

Any building or structure nonconforming as to use shall not be added to or enlarged unless such building or structure afterwards is converted to a conforming use; provided, however, that a total maximum expansion of 25 percent of its floor area may be permitted by the Zoning Administrator and further provided:

For residential lots with multi-family dwelling units, the 25 percent limitation shall apply to the following:

a.

A building or structure that contains a use that is not allowed in the underlying zone category; or

b.

A building or structure that does not nearly meet the yard requirements of the Zoning Code, such as setbacks or height; or

c.

A building or structure that is deemed to be structurally unsound as determined by the owner; or

d.

As determined by the Zoning Administrator using the above criteria. The Zoning Administrator shall also strongly consider the property owner's request as to which building or structure should be limited to the 25 percent expansion limitation.

In any case, the expansion shall not increase the number of dwelling units on the lot or within a structure.

B.

Nonconforming Use of Building or Structure:

1.

Any building or structure nonconforming as to use regulations which hereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year or more shall not thereafter be occupied except by a conforming use.

2.

The use of any nonconforming building or structure may be changed to another use permitted in the same or more restrictive zone.

C.

Nonconforming Use of Land. Where a parcel of land is nonconforming as to use, such use shall be discontinued within five years after the effective date of this ordinance [May 17, 1973]. During the five-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, toolhouse, storage building, office, or trailer house, shall be removed at the end of the five-year period, or, if such building is so constructed as to permit issuance of a permit for a use not excluded from the zone, such building may remain as a conforming use; and thereafter, both land and building shall conform as to use. Such nonconforming uses of open land shall specifically include automobile dismantling yards, scrap iron and junk storage, auction yards, contractor's yards, kart tracks, racetracks, stockyards, golf driving ranges, miniature golf courses, kiddielands, drive-in theaters, flea markets, outside storage of inoperative vehicles and other miscellaneous material.

D.

Nonconforming Due to Amendment. The foregoing provisions of this subsection also apply to any building, structure, or use which becomes nonconforming due to any amendment of the text of this ordinance or the zone map, excluding special use permits; provided, however, that where a period of years is specified in this subsection for the removal of nonconforming buildings, structures, or uses, said period shall be computed from the date such amendment became effective.

E.

Nonconforming properties issued Special Use Permits. Any nonconforming property that was issued a Special Use Permit as described in Section 18 to resolve the nonconforming status may cancel the Special Use Permit allowing the site to return to a nonconforming status. The subject site shall contain only the original structures that caused the property to become nonconforming, with the exception of accessory structures. The applicant shall submit a letter to the Planning and Community Development Department to cancel the Special Use Permit. The approval of the Special Use Permit may be cancelled and relevant documents, if any, shall be removed from the official zone maps by the Planning Department. In addition, a nonconforming permit shall be requested and approved prior to cancellation of the permit.

F.

Nonconforming Off-Street Parking. In zones where off-street parking is required, off-street parking shall be provided for all uses and buildings, except buildings constructed before May 17, 1973 need supply such parking only to the extent on-premise ground space is available. An application for a building permit on lots with nonconforming off-street parking shall require the premise to provide off-street parking in accordance with the Parking Regulations in Section 21.

(Ord. No. 226, 8-17-73; Ord. No. 78-26, 4-18-78; Ord. No. 78-66, 10-3-78; Ord. No. 80-45, 11-18-80; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-12, 6-10-14)

Editor's note— Ord. No. 2014-12, adopted June 10, 2014, renamed § 23 from Nonconforming Uses as Nonconforming Regulations.

A.

Zoning Administrator:

1.

Creation of the Office. There is created hereby the office of Zoning Administrator. The Zoning Administrator shall be hired by the County Manager in accordance with the provisions of the County Personnel Ordinance.

2.

Powers and Duties. The Zoning Administrator or Designees shall enforce this ordinance, and in addition thereto and in furtherance of said authority, they shall:

a.

Issue all zoning certificates as required, and make and maintain records thereof.

b.

Issue all certificates of occupancy as required, and make and maintain records thereof.

c.

Conduct inspection of buildings, structures, and the use of land to determine compliance with these regulations. This provision does not grant right of entry without due process.

d.

Maintain permanent and correct records of this ordinance, including but not limited to all maps, amendments, and conditional use permits, variances, and appeals.

e.

Provide and maintain a public information bureau relative to all matters arising out of this ordinance.

f.

Issue certificates for non-conforming uses existing at the effective date of this ordinance.

g.

In the event any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, in addition to other remedies, may initiate any appropriate action or proceeding to prevent such unlawful action, to restrain, correct or abate such violation, to prevent the occupation of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

h.

Investigation of Applications:

(1)

Investigate all applications for variances from the height, area, parking or density regulations of this ordinance, and to grant such applications to the extent necessary to permit the owner reasonable use of his land in those specified instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned.

(2)

Investigate all applications for an extension of the time limitations expansion of a nonconforming use as authorized by the Nonconforming Use Regulations Section of this ordinance or for an expansion of up to 25 percent of the original floor area for residential uses in residential zones, and to grant such applications if the use does not seriously conflict with the character of the surrounding area and in case of expansion of the use the site is adequate in size and shape to accommodate such expansion and the expansion does not increase the number of dwelling units on the lot or in any structure.

i.

Investigate all applications for conditional use permits authorized in this ordinance, and grant such applications if the Zoning Administrator finds:

(1)

That the site for the proposed use is adequate in size and shape to accommodate such use, and all yards, open spaces, walls and fences, parking, loading, landscaping, and other features required by this ordinance to adjust such use to the land use pattern in the neighborhood.

(2)

That the site for the proposed use can be developed in such manner that undue traffic congestion or hazards will not be created.

(3)

That the proposed use will have no adverse effect on the neighborhood or seriously conflict with the character of the area.

(4)

That any conditions are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include requirements relative to:

(a)

Open space and buffers.

(b)

Walls and fences.

(c)

Surfacing of parking areas.

(d)

Location of points of vehicular egress and ingress.

(e)

Signs.

(f)

Landscaping and maintenance thereof.

(g)

Noise, vibration, odor, and health hazards.

(h)

Such other conditions as will make possible the development of the county in an orderly, efficient manner, and in conformity with the intended purpose of this ordinance.

j.

Authorize amendments to approved special use development plans with the concurrence of the Planning Department, as provided:

(1)

That any such amendment shall result in an equal or less intense use of land than that first approved by the Board of County Commissioners; and

(2)

That no minimum requirement or additional requirement imposed on any development plan by the Board of County Commissioners would be modified except as provided in subsection 3.a., 3.b., and/or 3.c below.

(3)

Major Administrative Amendments include:

a.

An increase in the approved floor area of more than 10 percent for any building containing a nonresidential use as originally approved;

b.

A reduction of an approved setback of 20 percent as originally approved;

c.

A change in the amount of off-street parking of more than 10 percent as originally approved;

d.

Any other change as determined by the Zoning Administrator.

e.

Applicants requesting a major amendment to an existing Special Use Permit development plan shall adhere to the process outlined in subsection A.3 of this ordinance. Notwithstanding any other provision of this Ordinance, an application that proposes to increase the acreage of the use of the affected property shall be processed as a new application.

(4)

Minor Administrative Amendments include:

a.

Any reductions, except for size to the overall special use permit boundary;

b.

No more than 10 percent of the changes described in A.2.j.3. above.

c.

Minor Administrative Amendment applications shall adhere to the process outlined in A.3.a., A.3.b, A.3.c, and A.5, below, as applicable and no notice or hearing is required.

d.

The amendment does not decrease the total amount of open space approved for the Special Use Permit

e.

The amendment does not reduce the total amount of landscaping approved for the Special Use Permit or reduce the screening or buffer requirements.

f.

The amendment does not increase the traffic accessing the site and does not decrease the approved number of streets, sidewalks, trails or trail connections

g.

The amendment does not reduce setbacks adjacent to residential use

(5)

The Zoning Administrator may require a major or minor amendment to complete the process outlined in subsection A.3. below if the county or any person will be substantially aggrieved by the altered plan.

3.

Application Procedures and Filing Fees:

a.

Applications. An application for a variance, conditional use permit or administrative amendment to a special use development plan shall be filed with the Zoning Administrator on a form and accompanied by such data and information as may be prescribed.

b.

Procedures. Wrong or incomplete information may cause a delay in the hearing process. It is suggested that the applicant have an informal consultation with the Planning and Development Services Department Zoning Division before filing an application in order to be informed of any requirements or policies relevant to the request. An application shall include the following information:

1.

The name, address, and telephone number of the applicant and/or agent.

2.

The legal description and uniform property code number of the property.

3.

A plot plan delineating the boundaries of the property and all existing and proposed improvements.

4.

A written statement which justifies the request.

5.

Any additional information deemed necessary by the Zoning Administrator for reviewing the request.

6.

Certification from the County Environmental Health Department, Public Works Department, Floodplain Administrator, Albuquerque Metropolitan Arroyo Flood Control Authority, relative to their respective ordinances.

7.

Signature(s) from all property owner(s) when the amendment modifies all properties within a Special Use Permit.

c.

Filing Fees:

(1)

A fee of $75.00 shall be paid at the time an application for a variance, a conditional use permit or an administrative amendment to a special use development plan is filed except for applications for conditional use involving more than one dwelling unit or mobile home per lot.

(2)

A fee of $100.00 shall be paid at the time an application for a conditional use permit is filed for one mobile home in addition to an existing single-family dwelling or mobile home on one lot.

(3)

A fee of $45.00 shall be paid at the time an application for a Minor Amendment to a special use development plan is filed.

d.

When an application is withdrawn after scheduling and advertising for public hearing by the Zoning Administrator, the filing fee shall not be refunded to the applicant. When an application is withdrawn before such advertisement all but $25.00 of the fee shall be refunded.

4.

Hearing. Public hearing on all applications for a variance, conditional use permit or a major administrative amendment to a special use development plan shall be held by the Zoning Administrator in accordance with the procedures herein described:

a.

The Zoning Administrator shall fix a regular time and place for hearings.

b.

Public notice of the hearing at which the application is to be considered must be given by at least one publication in a daily newspaper of general circulation in Bernalillo County at least 15 days prior to the hearing.

c.

Written notice of the hearing shall be mailed not less than five days before the date of the hearing to the owners of all property within 200 feet of the exterior boundaries, excluding public rights-of-way of the property which is the subject of the application. For this purpose the last known name and address of such owners shown in the records of the Bernalillo County Assessor shall be used. The above described notification radius shall be increased to 300 feet for the application for Conditional Use that could result in more than one dwelling unit or mobile home per lot. When any of the property immediately beyond the radius herein is under the same ownership as the property that is the subject of the application, the owner of the property next adjacent, disregarding public ways, also shall be notified. The applicant must post and maintain one or more signs as provided by the office of the Zoning Administrator at least 15 days before and after the date of the hearing by the Zoning Administrator. The applicant is responsible for removal of the sign(s) 16 days after the hearing. Failure to properly post and maintain the sign(s) is grounds for deferral or denial of the request. The office of the Zoning Administrator shall issue Sign Posting Instructions. The office of the Zoning Administrator must keep minutes of its proceeding and the minutes must be public records.

d.

The applicant must post and maintain one or more signs as provided by the office of the Zoning Administrator at least 15 days before and after the date of the hearing by the Zoning Administrator. The applicant is responsible for removal of the sign(s) 16 days after the hearing. Failure to properly post and maintain the sign(s) is grounds for deferral or denial of the request. The office of the Zoning Administrator shall issue Sign Posting Instructions.

e.

The office of the Zoning Administrator must keep minutes of its proceeding and the minutes must be public records.

5.

Determination by the Zoning Administrator. Upon making a ruling or determination relative to an application for a variance, conditional use permit, or a major administrative amendment to a special use development plan or any other matter under his jurisdiction, the Zoning Administrator shall forthwith furnish a copy thereof of to the applicant and other parties who had signed up to receive such notice at the public hearing on the matter. Such determination shall be final except that an appeal may be taken as provided in the next subsection. After an application of conditional use or variance is advertised by the Zoning Administrator another application for the same type of request affecting the same property shall not be filed within a period of 12 months from the date of final action.

6.

Appeals. An appeal of a determination of the Zoning Administrator may be made in the manner prescribed in the following subsection. No variation or conditional use permit shall become effective until after an elapsed period of 15 days from the date the written determination is made, during which time an appeal may be filed with the Board of Adjustment by any person aggrieved, or by any office, board, department or bureau of the County. Permissive uses listed within each zoning category may not be appealed.

7.

Exceptions. Notwithstanding any provision of the Amendments Section of this ordinance. Subsection (3), (4), (5) and (6) of this ordinance to the contrary, the Bernalillo County Zoning Administrator may within one year from the date of the adoption of this ordinance grant a Conditional Use Permit for those uses for which plans are on file and have been approved by the Bernalillo County Zoning Administrator prior to April 17, 1973, on whatever terms or conditions he deems necessary without requiring an application, and unless the permit specifies to the contrary, the Conditional Use so granted will continue for the life of the use.

B.

Board of Adjustment:

1.

A Board of Adjustment is hereby created. Such Board shall consist of seven members, all of whom shall be residents of Bernalillo County. They shall be appointed by the Board of County Commissioners. Appointments shall be made for a term of three years. Vacancies shall be filled by appointment for the unexpired term only. Members of the board shall serve without compensation. A member of the Board of Adjustment may be removed by the affirmative action of three members of the Board of County Commissioners after being given a written statement of the charges against him, and a hearing, which shall be a public hearing if he so desires. Annually in January or more frequently at the pleasure of the Board of Adjustment, the Board of Adjustment shall select, by majority vote from its members, a chairman, a vice-chairman and any other officers which seem appropriate to the Board of Adjustment. Should a vacancy in these positions occur between regular elections, a special election shall be held to fill the remainder of the term.

2.

The Board of Adjustment shall fix a reasonable and regular time and place for hearings, and it shall adopt such rules as may be necessary and proper to govern its proceedings. Such rules shall be in conformance with requirements of this ordinance. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, including a record of the vote of each member on each action, and such minutes shall be public records.

3.

Powers and Duties. The Board of Adjustment shall have the following powers:

a.

To hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of the provisions of the ordinance.

b.

To hear and determine appeals from the rulings, decisions, and determinations of the Zoning Administrator granting or denying applications for variation from any requirements of this ordinance or granting or denying applications for conditional use permits authorized by this ordinance.

4.

Appeals:

a.

An appeal shall be made in writing and shall be filed in duplicate in the office of the Zoning Administrator on forms provided by the Board of Adjustment. Such appeal must set forth specifically wherein it is claimed there was an error or an abuse of discretion by this action, or where the decision is not supported by evidence in the matter. A filing fee of $75.00 shall accompany each appeal on lots of one acre or less. A fee of $100.00 on all other appeals. When an appeal is withdrawn, the filing fee shall not be refunded.

b.

Appeal of any denial or approval of an application by the Zoning Administrator must be submitted in writing to the Board of Adjustment by noon of the 15th day after the date of determination by the Zoning Administrator. The day of determination by the Zoning Administrator shall not be included in the 15-day period for filing an appeal, and if the 15th day falls on a Saturday, Sunday, or holiday, the next working day shall be considered as the deadline for filing the appeal. A building permit or Certificate of Occupancy shall not be issued until any appeal is decided, or the time for filing such appeal has expired.

c.

Within ten days after the filing of the appeal, the Zoning Administrator shall transmit to the Board of Adjustment all papers involved in the proceedings, a copy of his findings and determination relative thereto, and one copy of the appeal. In addition, he may make and transmit to the Board of Adjustment such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case.

d.

Upon receipt of the record, the Board of Adjustment shall set the matter for hearing and give notice by mail of the time, place, and purpose thereof to the appellant, to the Zoning Administrator, and to any interested party who has requested in writing to be so notified. No other notice thereof need be given except in those cases hereinafter mentioned. In cases where the appeal is from a determination granting or denying a variance or a conditional use, the Board of Adjustment shall not reverse or modify, in whole or in part, any determination of the Zoning Administrator unless notice of the time, place, and purpose of the hearing has been given in the same manner as prescribed for the holding of hearings before the Zoning Administrator.

e.

Upon hearing of such appeals, said Board of Adjustment may affirm, change, or modify the ruling, decision or determination appealed from, or, in lieu thereof, make such other or additional determination as it shall deem proper in the premises.

f.

The decision of the Board of Adjustment upon the appeal shall be in writing, concurred in by a majority of the members present of the Board of Adjustment, which shall forthwith transmit a copy thereof to the appellant and to the Zoning Administrator. Any such decision may be appealed to the Board of County Commissioners as prescribed in the following subsections:

(1)

An appeal of a determination of the Board of Adjustment must be submitted in writing to the Board of County Commissioners by noon of the 15th day from the date of the written determination by the Board of Adjustment. The day of written determination by the Board of Adjustment shall not be included in the 15 day period of filing an appeal, and if the fifteenth day falls on a Saturday, Sunday, or holiday, the next working day shall be considered as the deadline for filing the appeal. A building permit or Certificate of Occupancy and Compliance shall not be issued until any appeal is decided, or the time of filing such appeal has expired.

a.

Written notice of an appeal from the Board of Adjustment to the Bernalillo County Commission shall be filed with the Office of the Zoning Administrator. A filing fee of $100.00 shall accompany the appeal.

b.

The Public must be notified of the hearing at which the appeal is to be considered. The County must publish this notice at least one time, and at least 15 days before the hearing, in a daily newspaper of general circulation in Bernalillo County.

c.

When an appeal is withdrawn by the appellant after scheduling and advertising for public hearing by the Board of County Commissioners, the filing fee shall not be refunded to the appellant.

d.

Staff shall submit the appeal to the Board of County Commissioners within 3 months after the appeal is filed.

e.

Any such decision by the Board of County Commissioners shall, in all instances, be the final administrative decision and shall be subject to judicial review as may be provided by law.

(2)

Upon hearing of the appeal, said Board of County Commissioners may affirm, deny, change, or modify the ruling, decision or determination of the Board of Adjustment, or in lieu thereof, make such other or additional determination as it shall deem proper.

a.

When the Board of Adjustment has voted on an appeal regarding a request for a variance or conditional use, and this action is appealed to the Board of County Commissioners, an extraordinary majority vote of the members of the Board of County Commissioners is required to approve a variance or conditional use where a written protest of the action is signed by each of the equitable owners of record of land comprising at least:

20 percent of the land within 100 feet, excluding right-of-way, of the land proposed for the variance or conditional use.

b.

When an extraordinary majority vote is invoked, the following composition of the Bernalillo Board of County Commission shall be required:

1.

Four votes are required when five commissioners are present;

2.

Three votes are required when four commissioners are present;

3.

Three votes are required when three commissioners are present.

c.

When considering a variance or a conditional use request, where the appellant does not present clear and convincing evidence of having met the criteria listed in [subsection] a. above, a majority of the quorum of the Board of County Commissioners is required to affirm, reverse or modify a determination of the Board of Adjustment.

d.

Protests from neighboring property owners seeking to invoke the extraordinary majority requirement shall be submitted on forms prescribed by the County Manager or his designee at least seven days prior to the scheduled Board of County Commissioners' hearing on the appeal.

[e.

Reserved.]

[f.

Reserved.]

g.

No determination of the Zoning Administrator or the Board of Adjustment permitting the alteration or erection of a building under a variance or conditional use permit shall be valid for a period longer than six months, unless a building permit for such alteration or erection is obtained within such period, and such alteration or erection is started and proceeds to completion in accordance with the terms of such permit.

h.

No determination of the Zoning Administrator or Board of Adjustment permitting a use of a building or premises under a variance or conditional use permit shall be valid for a period longer than six months, unless such use is established within such period, provided, however, that where such use is dependent on the re-erection or alteration of a building, such determination shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

C.

Zoning Certificates:

1.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by the Zoning Administrator unless the application of such permit has been examined by the office of the Zoning Administrator, and has affixed to it a certificate of the office of the Zoning Administrator indicating that the proposed building, structure or use complies with all the regulations of this ordinance. Where no other permit is required for the use of land, this zoning certificate shall be construed as the permit to so use the land. Any permit or certificate of occupancy issued in conflict with the provisions of this ordinance shall be null and void.

2.

Plot Plans. All applications for building permits shall be accompanied by a plot plan in duplicate showing, with dimensions, the lot lines, building or buildings, location of buildings on the lot, and such other information as may be necessary to provide for the enforcement of this ordinance including, if necessary, a boundary survey and the staking of the lot by a competent surveyor or engineer. The plot plans shall contain suitable notations indicating the proposed use of all land and buildings. A record of the original copy of such applications and plot plans shall be kept in the office of the Zoning Administrator, and a duplicate copy shall be kept at the building at all times during construction.

3.

Building or Use Permit:

a.

No vacant land shall be occupied or used, except for open land agricultural purposes as permissive in the A-1 and A-2 zones, until a Building or Use Permit shall have been issued by the office of the Zoning Administrator.

b.

No premises shall hereafter be used and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use until a Building or Use Permit shall have been issued by the Office of the Zoning Administrator stating that the building or premises complies with the provisions of this ordinance.

c.

No Use Permit will be required for any residential use of an existing building, a modular home or a mobile home.

d.

Building or Use Permit shall be applied for coincident with the applications for a zoning certificate and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of this ordinance.

e.

No permit for excavation for any building shall be issued before application has been made for a Building or Use Permit.

f.

The Zoning Administrator shall issue a certificate of occupancy for any building or premises existing at the effective date of this ordinance [May 17, 1973], certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this ordinance.

g.

Fees for building permits and certificates of occupancy. For each permit to erect, construct, reconstruct, alter or change the use of any building, structure or land within any portion of the unincorporated area of Bernalillo County, for which a permit is not required by the Bernalillo County Uniform Building Code, a fee shall be charged according to the following schedules:

(1)

Buildings:

(a)

Accessory building with a gross floor area of 250 square feet or less (See fee schedule).

(b)

The fee for alteration, remodeling, or additions to existing buildings shall be the same as the fee required for an initial permit for accessory buildings.

(c)

1.
Mobile homes having a gross floor area of 500 square feet or less (See fee schedule).

[1.

Reserved.]

2.

Mobile homes having a gross floor area of more than 500 square feet and not over 1,200 square feet (See fee schedule).

3.

For mobile homes with a gross floor area of more than 1,200 square feet an additional fee of $2.00 for each 500 square feet of floor area or fraction thereof in excess of 1,200 square feet.

(2)

Uses:

(a)

The fee for a certificate of occupancy for a new nonresidential use, or a change of nonresidential use of buildings or land, shall be (See fee schedule).

(b)

The fee for a certificate of nonconforming use of a building or land which lawfully existed on the effective date of those regulations with which it does not conform, shall be (See fee schedule).

(c)

The fee for a certificate of home-occupation, shall be (See fee schedule).

(3)

Structures Other Than Buildings:

(a)

Signs, on-premises or off-premises (See fee schedule):

1 to and including 39 square feet

Over 39 to and including 59 square feet

Over 59 to and including 79 square feet

Over 79 to and including 99 square feet

Over 99 to and including 119 square feet

Over 119 to and including 139 square feet

Over 139 to and including 159 square feet

Over 159 square feet

Off-premises signs and on-premises freestanding signs exceeding 32 square feet per sign face shall meet the requirements of the Bernalillo County Building Ordinance.

(b)

Walls. The fee for construction of a wall or fence shall be $10.00 or ten cents a linear foot whichever is greater but in no instance shall it exceed $25.00.

(4)

Penalty. An additional fee of $100.00 will be charged on any application which is the direct result of a violation of this ordinance.

(Ord. No. 220, 7-17-73; Ord. No. 225, 8-7-73; Ord. No. 305, 7-15-75; Ord. No. 364, 9-21-76; Ord. No. 78-25, 4-18-78; Ord. No. 78-50, 7-18-78; Ord. No. 80-32, 6-17-80; Ord. No. 81-25, 7-21-81; Ord. No. 81-39, 11-17-81; Ord. No. 87-21, 7-21-87; Ord. No. 92-18, 12-15-92; Ord. of 12-21-93; Ord. No. 97-16, 10-8-97; Ord. No. 00-1, § 1, 1-11-00; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2010-17, § 1, 8-24-10; Ord. No. 2016-32, 11-15-16; Ord. No. 2024-5, 1-23-24)

Cross reference— Boards and commissions, § 2-431 et seq.

A.

The Board of County Commissioners may, from time to time, amend, supplement, or change by ordinance the boundaries of the zones or the regulations herein established. Any proposed amendment, supplement, or change shall first be submitted to the Bernalillo County Planning Commission for its recommendation and report. The County Planning Commission is hereby designated to act as the County Zoning Commission.

B.

Application and Fee:

1.

Any application made to the Bernalillo County Planning Commission for an amendment to the text of this ordinance or of the official Zone Map shall be in writing on forms prescribed by the Bernalillo County Planning Commission. It is suggested that the applicant or his designee have an informal consultation with the Planning and Development Services Department before filing an application for a text change of this ordinance or of the official Zone Maps in order to be informed of any County plans and policies relevant to the amendment request. Submission of inaccurate material or information with the application shall be grounds for denial. The application shall include the following information:

(a)

The name, address and telephone number of the applicant or designee.

(b)

The legal description and the uniform property code number in the request. An application relating to the unplatted land shall be accompanied by a plat delineating the boundaries of the area requested to be amended.

(c)

Any additional information deemed necessary by the County Planning Commission or by this ordinance.

(d)

A written discussion which supports the requested change (See Resolution 116-86).

2.

A fee for a Zone Map change shall be charged as follows:

(a)

Less than five acres: $200.00 for the first acre or less, plus $25.00 for each additional acre or portion thereof.

(b)

Five acres but less than 20 acres: $300.00 for the first five acres, plus $15.00 for each additional acre or portion thereof.

(c)

Twenty acres but less than 60 acres: $875.00 for the [first 20 acres, plus $10.00 for each additional acre] or portion thereof.

(d)

Sixty acres or more: $975.00 for the first 60 acres, [plus $5.00 for each additional acre or portion] thereof.

(e)

An application for an overlay zone, sector development plan or planned communities zone level A or B plan shall be one-fourth of the above fee. An application fee of $200.00 shall accompany a request for a change to the text of the zoning ordinance or any adopted sector development plan or planned communities zone level A or B plan.

3.

Applications for amendment of the official zone map may be made only by the board of county commissioners or their designated representative on behalf of county, or by a person with a direct financial, contractual, or proprietary interest in the affected property. The county planning commission may not be applicant for an amendment of the official zone map. The zoning administrator may not be an applicant for any matter which he would hear.

4.

When an application is withdrawn before advertisement, all but $25.00 of the fee shall be refunded. When an application is withdrawn after scheduling and advertising for public hearing by the county planning commission, the filing fee shall not be refunded to the applicant.

5.

After an applicant's petition for rezoning or for a text change is advertised for public hearing by the county planning commission, another petition for a change affecting the same property shall not be filed within a period of 12 months from the date of final action by the board of county commissioners or the date of the initial advertised hearing if no action was required by the board of county commissioners.

C.

Hearings. A public hearing on all applications for a text change to the ordinances or the change of the Official Zone Map, shall be held by the Bernalillo County Planning Commission in accordance with the procedures herein described:

(1)

The Bernalillo County Planning Commission must fix a regular time and place for regular hearings. Special public hearings may be held at other than the established regular time or place provided public notice of the hearing is given at least 72 hours in advance.

(2)

Public notice of the hearing at which the application is to be considered must be given by at least one publication in a daily newspaper of general circulation in Bernalillo County at least 15 days before the date of the hearing; and

(3)

Public notice of hearing by certified mail return receipt requested, not less than five days before the date of the hearing to the owners of all property from the exterior boundaries of the area proposed excluding public rights-of-way to be changed, using for these purposes the last known name and address of the owner shown in the record of the Bernalillo County Assessor. For properties that are less than two acres in area the notification radius shall be 200 feet, for properties in excess of two acres the notification radius shall be 500 feet. When any of the property immediately beyond the radius described herein is under the same ownership as the property that is the subject of the application, the owner of the property next adjacent, disregarding public ways, also shall be notified.

(4)

The applicant must post and maintain one or more signs as provided by the Zoning Administrator at least 15 days before and after the date of the hearing by the Bernalillo County Planning Commission. The Applicant is responsible for removal of the sign(s) 16 days after the hearing. Failure to properly post and maintain signs is grounds for deferral or denial of the request. The Zoning Administrator shall issue Sign Posting Instructions.

D.

Procedure. The Bernalillo County Planning Commission shall make its decision on each application, and in the event of approval shall make a recommendation to the Board of County Commissioners. Approval of any application shall not be construed as approval of a Building Permit or Certificate of Occupancy.

(1)

The Board of County Commissioners shall sustain the recommendations of the Bernalillo County Planning Commission without modification unless the recommendation is appealed.

(2)

The Bernalillo County Planning Commission must keep minutes of its proceedings, including a record of the vote of each member on each question, and the minutes must be public. All materials and documents submitted to the County Planning Commission shall become part of the record.

(3)

Recommendation for any application for a change to the Official Zone Map shall be void if not submitted to the Board of County Commissioners within six months after the date of determination by the Bernalillo County Planning Commission, or if not acted upon by the Board of County Commissioners within three months after receipt of a recommendation from the Bernalillo County Planning Commission.

E.

Appeals. Appeals shall only be taken for actions where the county planning commission has been delegated final decision-making authority, except for zone map changes. Appeal of any such denial or approval of an application by the Bernalillo County Planning Commission must be submitted in writing to the Board of County Commissioners by noon of the 15th day after the date of determination by the Bernalillo County Planning Commission. The day of determination by the Bernalillo County Planning Commission shall not be included in the 15-day period for filing an appeal, and if the 15th day falls on a Saturday, Sunday, or holiday, the next working day shall be considered as the deadline for filing the appeal. A building permit or Certificate of Occupancy and Compliance shall not be issued until any appeal is decided, or the time for filing such appeal has expired.

1.

The following persons shall have the right to file an appeal:

(a)

Persons who were parties or could have been parties at the County Planning Commission, but were not present through no fault of their own; or

(b)

Persons who own a property interest within 200 feet of the subject-site (excluding public right-of-way), if the site is less than two acres; or

(c)

Persons who own a property interest within 500 feet of the subject site (excluding public right-of-way) for sites larger than two acres; or

(d)

Any organized neighborhood associations (as provided in Chapter 62, Article III, Neighborhood Associations) that covers, abuts or is across the public right-of-way from the site; or

(e)

Any person who demonstrates a tangible impact that threatens or adversely impacts the health and safety and general welfare of the person who appeals; or

(f)

Any person who demonstrates a financial interest or a property right adversely affected by the decision, which right or interest is more than merely nominal or remote.

2.

Applications for an appeal shall clearly articulate the reasons for the appeal. Appellants shall specifically cite and explain one or more alleged errors:

(a)

An error was made in applying adopted county plans, policies, and ordinances in arriving at the decision; or

(b)

A mistake of fact underlying the appealed action or decision as presented; or

(c)

The decision was arbitrary, capricious or a manifest abuse of discretion.

F.

When the Planning Commission has voted on a request for a change to the official zone map and this action is appealed, an extraordinary majority vote of the members of the Board of County Commissioners is required to effect the change in zoning regulation where a written protest of the action is signed by each of the equitable owners of record of land comprising at least:

20 percent of the land within 100 feet, excluding right-of-way, of the land proposed for the change in zone.

G.

Protests from neighboring property owners seeking to invoke the extraordinary majority requirement shall be submitted on forms prescribed by the County Manager or his designee at least seven days prior to the scheduled Board of County Commissioners' hearing on the appeal.

H.

When an extraordinary majority vote is invoked, the following composition of the Bernalillo Board of County Commission shall be required:

1.

Four votes are required when five commissioners are present;

2.

Three votes are required when four commissioners are present;

3.

Three votes are required when three commissioners are present.

I.

Where the appellant does not present clear and convincing evidence of having met the criteria listed in [subsection] F. above, a majority of the quorum of the Board of County Commissioners is required to affirm, reverse or modify a determination of the County Planning Commission.

(Ord. No. 78-50, 7-18-78; Ord. No. 78-51, 7-18-78; Ord. No. 80-8, 3-25-80; Ord. No. 80-32, 6-17-80; Ord. No. 87-21, 7-21-87; Ord. No. 92-18, 12-15-92; Ord. No. 00-1, § 1, 1-11-00; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2016-32, 11-15-16; Ord. No. 2018-5, 1-23-18)

A.

Criminal penalty. Any owner, tenant, agent, occupant, or person in charge of any premises or any other person who violates any of the provisions of this ordinance, or fails to comply with any of its provisions or requirements, or who erects, structurally alters, enlarges, rebuilds, or moves any building or structure or who puts into use any lot or land in violation of any detailed statement of plan submitted and approved hereunder, or refuses the County reasonable opportunity to inspect any building, structure or premises shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $300.00 or imprisonment in the County Jail for a period not exceeding 90 days, or both fine and imprisonment. Each day such violation is committed or permitted to continue may be considered a separate offense.

B.

Civil penalty. As an additional remedy, any continuing violation of this ordinance may be subject to abatement by a restraining order or injunction by a court of competent jurisdiction.

(Ord. No. 92-18, 12-15-92; Ord. No. 98-16, § 1, 7-14-98)

The provisions of this ordinance are severable, and if any provision, sentence, clause, section, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, the illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance or their application to the persons or circumstances. It is hereby declared to be the intent of the Board of County Commissioners that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, sentence, clause, section, or part had not been included therein, and if the person or circumstances to which this ordinance or part thereof is inapplicable had been specifically exempted therefrom.

PASSED, SIGNED, AND ADOPTED by the Board of County Commissioners of Bernalillo County, New Mexico the 17th day of April 1973.