Bosque Farms City Zoning Code
§ 10-1-14
Special use permits.
A.
Intent. Special use permits permit only those approved uses which require special consideration because of their unusual characteristics, dimensions, and frequency of occurrence, effect on surrounding property or other similar reason. This permit may be determined on a case-by-case by case basis following the procedures for a zone change as provided by this Section 10-1. Any accessory uses shall be approved by the governing body. Any change in the terms and/or conditions shall require reapplication. Supplementary regulations and special conditions may be imposed by the governing body upon recommendation by the Commission. The governing body shall not grant a special use permit unless satisfactory provisions have been made:
(1)
To preserve the integrity, character and the value of the property in adjacent zone districts.
(2)
To assure that the special use permit will not become detrimental to the public health, safety or general welfare of the Village.
(3)
To assure that the special use permit will not pose a danger of explosion, toxic or noxious odors or otherwise endanger adjacent properties or the general public.
B.
Application. Each application for a special use permit shall declare the proposed use and shall be accompanied by development plans of sufficient size and scale and which shall include:
(1)
A site development plan (SDP) shall be required for all new or redeveloped land use for this special use permit.
(a)
At a minimum, the SDP shall include the following:
[1]
A written statement explaining the purpose and intent of the development, and a development phase schedule, if appropriate.
[2]
Boundaries and topography of the property to be developed.
[3]
A site map, of sufficient size and scale, showing the proposed location, type, use and size of all structures, setbacks, signs, lighting, on-site parking and loading areas, as required in § 10-1-19 of this Section 10-1, on-site stormwater retention facilities, landscaping, fencing, driveways, traffic and pedestrian circulation routes, and emergency vehicle access. Other information to show compliance with Village ordinances shall be required.
[4]
Details of the engineering design of the on-site parking and on-site stormwater retention facilities shall be included in the SDP.
[5]
Delineation of proposed dedications and easements for public rights-of-way.
[6]
An area map showing the location, type, use and size of all structures on adjacent properties within 200 feet of the proposed development.
[7]
Written documentation showing that the New Mexico Department of Transportation has been notified of the new use if accessing a New Mexico state highway.
(b)
Deviation of changes from the site plan shall be reviewed by the Commission for approval before the changes are implemented; and
C.
Special provisions.
(1)
Any development plans proposing infrastructure improvements such as streets, sidewalks, and water and sewer utilities shall be subject to the requirement for subdivision approval as set forth in the Section 10-2, Subdivision Regulations. In addition, any subdivision of land shall be subject to the provisions of Section 10-2.
(2)
Landscaping shall be strongly encouraged on all new and existing development. The following guidelines are provided for landscaping design:
(a)
Visually attractive trees and shrubs should be placed along Bosque Farms Boulevard to enhance and soften the streetscape.
(b)
Landscaping is encouraged to be placed as buffers along the perimeter of the special use permit property and contiguous properties.
(c)
Trees should be interspersed throughout off-street parking areas to provide shade for parked cars.
(d)
No development shall divert or channel stormwater runoff to contiguous properties. To the extent possible, direct precipitation shall be retained on site. It shall strongly be encouraged that stormwater retention basins may be landscaped with appropriate plantings to withstand excess water and to aid in the filtration of polluted runoff.
(f)
Adequate refuse containers shall be provided to control litter.
(g)
Adequate sanitary facilities (rest rooms), either portable or permanent, shall be provided on site.
(h)
A list of hazardous chemicals or explosives that are stored in bulk on the property, with such storage areas clearly marked on the map, shall be provided to the Fire Chief and the floodplain administrator.
(i)
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 properties will be allowed.
(j)
All businesses shall pay a business registration fee within 10 days following approval of the special use permit and shall maintain a current Taxation and Revenue number and state licensing and certification if applicable to the type of business conducted.
(k)
There shall be adequate, legal access, which may require a New Mexico State Transportation Department access permit for development on New Mexico Highway 47.
(l)
If the owners of 20% or more of the area of the lots and the land included in the area proposed for a special use permit or within 100 feet, excluding public right-of-way, of the area proposed protest in writing to the proposed change, the proposed change shall not become effective unless the change is approved by a majority vote of all the members of the governing body.
D.
Termination of a special use permit. In the event that a use authorized as a special use permit is discontinued for a period of 30 days, such use shall not thereafter be reestablished unless there is reapplication for a special use permit.
E.
Revocation of existing special use zones and issuance of a special use permit. Upon the enactment of this Section 10-1, any and all properties which have an existing special use zone are hereby rescinded and deemed null and void. Such existing special use zones will be issued a special use permit within 30 days of the enactment of this Section 10-1. All such properties, which had been issued a special use zone and issued a special use permit, shall adhere to the provisions of this Section 10-1. All special use zones effected by this section are permitted to continue their respective special use zone activity within the 30 days as prescribed herein.