Bosque Farms City Zoning Code
§ 10-1-13
Conditional use procedures.
A.
Permit required. No conditional use shall be established in any zone district except upon permit issued by the Commission, which shall be guided in making a decision by the criteria set forth in this section. Conditional use permits (CUPs) shall apply only to the property that was granted the CUP and are not transferable to another site. Any person seeking a conditional use permit shall provide to the Commission such information as it may reasonably require to determine whether the grant of the requested conditional use permit is consistent with the intent and purpose of this Section 10-1. Any change in the terms and/or conditions shall require reapplication.
B.
Application. Any request for a conditional use permit shall be submitted with the filing fee on an application obtainable at the Village offices. Any landowner wishing to apply for a CUP that is currently held by a lessee for the same use may have the filing fee waived until January 5, 2016. The Planning and Zoning Administrator/Officer shall transmit the application and any supplementary information to the Commission for review and consideration at the next regular Commission meeting scheduled at least 20 days after the completed application is received by the Planning and Zoning Administrator/Officer.
C.
Public notification. The applicant shall post and maintain one or more signs on the premises, as provided and where instructed by the Planning and Zoning Administrator/Officer, at least 15 days prior to the date of the Commission meeting at which the conditional use permit application will be heard or 15 days prior to the home occupation permit being approved by the Planning and Zoning Administrator/Officer.
D.
Guidelines. In considering an application for a conditional use permit, the Commission shall not grant any conditional use permit unless satisfactory provision and arrangement has been made concerning the following minimum guidelines, where applicable:
(1)
Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; written documentation showing that the New Mexico Department of Transportation has been notified of the new use, if accessing Bosque Farms Boulevard (NMSH 47);
(2)
Off-street parking and loading areas where required, with particular attention to refuse and service areas;
(3)
Public and private utilities, with reference to locations, availability, and compatibility;
(4)
The noise, glare, odor, or economic effects of the conditional use on adjoining properties;
(5)
General compatibility with adjacent properties and other property in the district; and
(6)
All uses with a conditional use permit shall comply with the regulations of the New Mexico Environment Department, if applicable.
E.
Denial or withdrawal of permit.
(1)
If any conditional use permit is denied, the Commission shall state in writing the reason for denial.
(2)
Any of the following reasons shall be cause for withdrawal by the Commission of a conditional use permit (as applicable):
(a)
Misrepresentation of information stated on the permit application or presented before the Commission;
(b)
Violating any of the limits or restrictions stated on the permit application; and
(c)
Applicants who do not bring in the required documentation relating to any part of this section within 30 days.
F.
Violation and/or breach of the conditional use permit shall be heard by the Commission at the next regularly scheduled meeting after the violation is made known to it. Violation and/or breach of any provision may result in termination of the conditional use permit. Knowingly violating any of this section is punishable by a fine of up to $500 per day.
G.
Reevaluation. Where there has been significant change in the physical extent, operations, or character of a permitted conditional use, the Commission may require a reevaluation of the conditional use permit. Significant change shall be determined by the Commission, based on a review of the conditional use permit.
H.
Expiration. Conditional use permits shall be either permanent or renewable.
(1)
Permanent conditional uses may be granted to landowner on a permanent basis, but shall comply with Subsection H(3).
(2)
Renewable conditional uses may be granted to a landowner or business operator and shall be approved for a specified duration at the Commissioners' discretion.
(3)
If the rights and privileges granted under the conditional use permit have not been used for a period of one year, or if, after the use has begun, it ceases for a period of one year as determined by the Planning and Zoning Administrator/Officer, there shall be an automatic expiration of the conditional use permit.
(4)
Noncompliance with any special restriction or requirement after 30 days following the date of the permit, or a stated effective date on the permit, shall render the permit null and void.
I.
Renewable conditional use. Thirty days prior to expiration, the permit shall be subject to review and possible extension by the Planning and Zoning Administrator/Officer, if no changes have been made to the original application or the currently approved conditional use permit. If there are changes, the application shall be forwarded to the Commission and shall be processed in the same manner as the original application.
J.
Special requirements. For any conditional use permit, the Commission may establish special restrictions or requirements, and the reasons for such restrictions or requirements shall be clearly stated in writing on the conditional use permit.
K.
Additional requirements. All recipients of a conditional use permit for a business or home occupation shall pay a business registration fee within 10 days following the issuance of such permit. All recipients of a conditional use permit shall maintain a current State Taxation and Revenue number and state licensing and certification, if applicable to the type of business conducted.
L.
Home occupations. A conditional use permit for a home occupation shall be either permanent or renewable and may be issued by the Planning and Zoning Administrator/Officer or Commission subject to the following requirements. If a home occupation permit meets all the following requirements, it may be approved by the Planning and Zoning Administrator/Officer. Any deviations from the following requirements will require approval from the Planning and Zoning Commission. In either case, the posting of the sign will be required by the applicant as per Subsection C of this § 10-1-13.
(1)
No person other than members of the family residing on the premises shall be engaged in the home occupation. Allowances shall be made for non-family employees not working on the premises of the home occupation to visit the premises, provided such employees' responsibilities are identified and the frequency of daily trips made to the premises of the home occupation is stated. Non-family member employees shall not report for work at the home occupation premises;
(2)
The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its principal use for residential purposes by its occupants, and not more than 25% of the floor area of such dwelling unit, or more than 600 square feet of an accessory building, contiguous and partitioned, shall be used in the conduct of the home occupation;
(3)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation, other than one sign, not to exceed five square feet, as regulated by this Section 10-1 [see § 10-1-20D(9)];
(4)
There shall be no sales in connection with a home occupation that would disrupt the residential nature of the district;
(5)
No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood;
(6)
No equipment or process shall be used in a home occupation which creates a nuisance such as noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises;
(7)
A maximum of two service vehicles are allowed if one is stored in an enclosed building;
(8)
Upon the approval of a conditional use permit for a home occupation by the Commission, a copy of such permit, along with any supplemental documentation, shall be provided to the applicant. The Commission shall ascertain that all limits and restrictions are clear to the applicant at the time of permit approval;
(9)
A list of hazardous materials or explosives that are stored in bulk on the property, which are used in the home occupation, with such storage areas clearly marked on the map, shall be provided to the Fire Chief and the floodplain administrator; and
(10)
No use will be allowed which will create dangerous, injurious, noxious, or other conditions that will pose a threat to public health, safety and welfare. No adverse impact on surrounding property will be allowed.[1]
[1]
Editor's Note: Former Subsection L(11), regarding business registration fees, which immediately followed this subsection, was repealed at time of adoption of Code (see Section 1-1).
M.
Bed-and-breakfasts.
(1)
Zoning requirements. A bed-and-breakfast establishment is permitted (with a conditional use permit) only in C-1, R-1 and A-R Zone Districts. The minimum lot size in the R-1 Zone District shall be 3/4 of one acre (32,670 square feet), and the minimum lot size in the A-R Zone District shall be two acres (87,120 square feet). Bed-and-breakfast establishments are prohibited in all other zone districts. A bed-and-breakfast will only be allowed on Village streets designated as "collector" streets and on "local" streets if all property owners within 100 feet are in agreement.
(2)
Permits/Licenses required. No bed-and-breakfast use shall be lawfully established without first obtaining a conditional use permit pursuant to the provisions of this Section 10-1. Additionally, before issuance of a conditional use permit, an applicant shall show satisfactory written proof that the property has been inspected and approved by the Planning and Zoning Administrator/Officer for compliance with these regulations, and the Health Department, and that all required licenses have been issued by the State of New Mexico. The facility shall comply with all applicable fire, health and safety codes.
(3)
Accessory use. A bed-and-breakfast facility shall be accessory to the use of a property as a single-family residential home. This means that the individual or family who operates the facility shall also occupy the house as his/her primary residence.
(4)
Maximum size. Bed-and-breakfast facilities are limited to a maximum of four guest rooms available for rent to guests. The bed-and-breakfast room(s) shall occupy no more than a total of 25% of the dwelling unit floor area. All guest rooms shall be contained within the principal structure. No residence shall be utilized for a bed-and-breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants, with an additional 30 square feet for each additional occupant, to a maximum of four occupants per room.
(5)
Lighting. Lighting shall be provided and shall be kept to a contiguous, compact and well-defined area between the residential structure and the parking area. Any additional exterior lighting for the bed-and-breakfast is prohibited.
(6)
Parking. All parking, whether for guests, property owners, employees, or invitees, shall be on-site. No parking shall be allowed on any public streets or roads. One off-street parking space per room to be rented shall be provided, in addition to the owner's vehicles. Tandem parking is allowed; however, not more than two cars per lane shall be allowed.
(7)
Signage. Bed-and-breakfast establishments are allowed an identification sign not exceeding five square feet in size. The signs shall be located on site as per § 10-1-20D.
(8)
Appearance. Residential structures may be remodeled for the development of a bed-and-breakfast facility. However, structural alterations may not be made which prevent the structure from being used as a residence in the future. Internal or external changes which will make the dwelling appear less residential in nature or function are not allowed. Examples of such alterations include paving of required setbacks and commercial-type exterior lighting. The kitchen shall not be remodeled into a commercial kitchen; however, commercial-grade appliances may be allowed as recommended by NMED.
(9)
Sewer and water hookup. The residence shall be connected to the Village sewer and water systems.
(10)
Smoke alarms. Smoke alarms shall be hard-wired (not battery-operated), installed and maintained in each room designated for guest occupancy.
(11)
Fire extinguisher. A minimum 1A:10 BC portable fire extinguisher shall be provided in the kitchen of the bed-and-breakfast residence.
(12)
Escape window. Each guest room in the bed-and-breakfast residence shall be provided with an escape window as defined in the State Building Code.
(13)
Employees. A bed-and-breakfast establishment shall have no employees.
(14)
Length of stay. No guest shall stay in the facility for more than 14 days within any thirty-day period.
(15)
Guest log book. All bed-and-breakfast facilities shall maintain a guest log for all paying guests that shall include the names and home addresses of guests, guest license plate numbers if traveling by automobile, dates of stay, and the room number of each guest. It shall be unlawful for any person to make false statements in said register. No page of the register may be disposed of until three years after the date of the most recent entry recorded on it.
(16)
Liquor service. No liquor is to be sold or served on the premises by the owner/manager to paying guests.
(17)
Meals. A morning meal shall be served on premises and included within the room charge for guests of the facility and shall be the only meal provided. The facility is not allowed to serve meals to nonresident guest for compensation. Additionally, there shall be no cooking in the guest rooms, other than microwave use.
(18)
Other uses. The facility shall not be used for commercial receptions or other public gatherings.
(19)
Public hearing and acceptance. Whenever a bed-and-breakfast facility is proposed, the Planning and Zoning Administrator/Officer will contact by written notification, certified US mail and return receipt requested, all residential (property) homeowners within 100 feet of the dwelling, excluding public right-of-way, to determine if they accept the proposed change in use for the property. If more than 2/3 of the residents contacted within the one-hundred-foot zone are against the bed-and-breakfast facility, then that may serve as a basis for denial of the conditional use. Noncompliance with the provisions of this Section 10-1, other Village ordinances, and state statutes is also grounds for denial.