(a)

Development review process.

(1)

Approval and permit required. No building or structure which requires Village of Corrales plan approval shall be constructed upon, nor shall any manufactured home or mobile home be moved upon or installed upon, any lot within the Village without the issuance of a development review permit by the Village building inspector or Planning and Zoning Administrator as required by this article.

(2)

Application and fee. Anyone wanting to erect a building or structure, construct improvements, or move a manufactured home or mobile home upon any lot within the Village must obtain and submit a completed application for a development review permit. The application shall be returned to the Administrator or Village building inspector accompanied by the appropriate application fee and number of sets of required drawings for review and approval under Section 8-37. Mobile home installation permits shall be submitted to the Administrator or Village building inspector upon issuance.

(3)

Review process. The Village building inspector or Planning and Zoning Administrator shall determine if the proposed construction of a building or structure, proposed site development improvements, or the proposed installation of a manufactured or mobile home satisfies the requirements of this article and if a variance, zone change, or other permitting procedures and/or approvals are required. The inspector or Planning and Zoning Administrator shall then issue the appropriate permit or notify and advise the applicant of their findings and the subsequent procedures as required by this article.

(b)

Site development plan approval.

(1)

Approval required. No building, structure, or land in any zone may be occupied by a use designated as requiring site development plan approval without the approval of a site development plan by the Planning and Zoning Commission.

(2)

Applications. Anyone requesting a use of a building, structure or land requiring site development plan approval must obtain and submit a completed application for a site development plan review. The application shall be returned to the Administrator accompanied by the appropriate application fee and fourteen (14) sets of required drawings. All site plans or site development plans must satisfy at least the following minimum requirements.

a.

Show proposed new structure(s) and any existing buildings or structures, total lot coverage, all property lines with dimensions, all roads/streets, easements and setbacks.

b.

Show all locations on-site for water, septic, sewer, refuse, electrical points of connections, proposed service routes and existing utilities on the site.

c.

Show all required parking, drainage and grading information (see Section 18-39).

d.

Show required landscaping information (see Section 18-40).

e.

Indicated drainage inflow and outflow locations and specify areas required to be maintained for drainage purposes.

f.

Include a topographic survey if requested by the Administrator.

g.

Show all structures on adjacent properties located within twenty-five (25) feet of the site.

h.

Identify the zone designations of adjacent properties.

i.

Additional information necessary to demonstrate compliance with the requirements for the article as determined by the Administrator.

j.

Show north arrow and scale on all drawings, unless clearly unnecessary for the specific drawing in question.

(3)

Meeting with the Administrator. Prior to submitting an application, the applicant shall first schedule a meeting with the Administrator. Review and comments shall be given to the applicant at this time, concerning the relationship of the proposed development to the Village Comprehensive Plan and the applicable zoning ordinances, along with copies of the pertinent sections of this article, applications and other submittal requirements.

(4)

Review process. The Administrator shall schedule a hearing before the Commission no later than sixty (60) calendar days following the submittal of a completed application as determined by the Administrator.

(5)

Guidelines. The Commission shall not approve any site development plan unless all the requirements of this article are met. The Commission may, in its discretion, grant conditional approval of a proposed site development plan subject to satisfactory completion of certain specified requirements prior to a date certain, and may delegate to the Administrator, the chairman of the Commission, or other specifically designated individual the authority to determine whether such requirements have been satisfactorily completed. In addition, no site development plan shall be approved unless satisfactory provisions have been made concerning the following, where applicable:

a.

Accessibility to property and proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, streets/roads, and emergency access in case of fire, flood or catastrophe.

b.

Off-street parking and loading areas where required, with particular attention to the refuse and service areas (see Subsection 18-37(j)).

c.

Show all on-site locations for water, septic, sewer and liquid waste facilities, with reference to soil limitations, locations, and public health.

d.

On-site drainage and storm water runoff.

e.

The noise, glare, or odor effects of the proposed use on adjoining properties.

f.

General compatibility with existing adjacent properties.

g.

The overall health and safety of the community.

h.

The goals and objectives of the Village of Corrales Comprehensive Plan.

(6)

Additional requirements. For specified uses, any change in use which would require additional parking or any alteration or addition to the site of any structure upon the site shall require the resubmittal of an application and approval as required by this section.

(7)

Completeness of plan. No site development plan shall be approved unless the submitted plan as presented is complete, or any deficiencies have been fully corrected to the satisfaction of the Commission, or other appropriate authority specifically designated by the Commission.

(8)

Any site development plan approval will automatically expire on the date that is twenty-four (24) months after the date of Commission approval or conditional approval if development is not complete. The Commission, in its discretion, may extend this time in cases in which the project is in litigation or for any other reason that excuses the failure to complete development, provided the extension is not contrary to the public interest. Any decision by the Commission to extend, or not extend, construction time for a site development plan may be appealed to the Governing Body.

(9)

Notice requirements for a site development plan application. Legal notice shall be given for any hearing at which a request for a site development plan approval will be heard. In addition to the legal notice of mailing and posting, the applicant shall obtain from the Village a notification sign, which contains information that is pertinent to the site development plan application. This sign must be displayed by the applicant in a location visible and prominent to the general public on the property for which the site development plan review is requested for at least fifteen (15) days prior to the date of the hearing.

(c)

Home occupation permits.

(1)

Approval and permit required. Except as otherwise provided in this Subsection 18-45(c), no person(s) or entity shall engage in a home business or occupation of any kind in the A-1, A-2 or Historic zones without the issuance, review and approval of a home occupation permit.

(2)

Agricultural Activities Exceptions: Agricultural activities are encouraged and are permissive uses in designated zones. Raising and selling crops and the raising and selling of livestock and fowl that is exempt from New Mexico gross receipts tax and governmental gross receipts tax under NMSA 1978, § 7-9-18 does not require a Home Occupation Permit application. If all the agricultural activities are not exempt from governmental gross receipts tax, a Village business registration is required.

(3)

Application and fee. Anyone wanting to engage in a business or occupation must submit a completed home occupation permit application. The application shall be returned to the Administrator accompanied by the appropriate application fee.

(4)

Meeting with the Administrator. Prior to submitting an application, the applicant shall first schedule a meeting with the Administrator. Review and comments shall be given to the applicant at this time, concerning the relationship of the proposed development to the Village Comprehensive Plan and the applicable zoning ordinances, along with copies of the pertinent sections of this article, applications and other submittal requirements.

(5)

Review process.

a.

A home occupation permit and business registration may be issued by the Administrator and Village Clerk on the authority of the Commission but without Commission review if the applicant meets all of the following requirements:

(i)

Applicant shall have obtained a valid CRS identification number from the New Mexico Taxation and Revenue Department, which must be active and in good standing;

(ii)

Applicant shall conduct all business within the confines of the dwelling unit or a single accessory structure listed in accordance with applicable Village ordinances;

(iii)

There shall be no visible appearance of the business outside the dwelling unit or accessory structure listed on the business registration;

(iv)

Applicant shall not engage in the manufacture of tangible goods for sale or trade, at wholesale or at retail, at the location of the home occupation;

(v)

Business activities hall be in full compliance with all local, state and federal laws, rules and regulations;

(vi)

There shall be no more than four (4) business registrations on the property;

(vii)

There shall not be any employees of the business on the property except those residents listed as applicants on the business registration application;

(viii)

If the applicant is not the owner of the property, the applicant shall provide a letter signed by the property owner granting approval for the proposed business use; and

(ix)

The business or occupation is conducted strictly by mail and electronic communications; shall not include the use of heavy equipment, machine tools, or other audible power equipment; and shall not include regular or repeated client visits to the property.

b.

If a person granted a home occupation permit under the provisions of the preceding Subsection 18-45(c)(5)(a) is found by the Administrator to have violated any of the requirements set forth therein, such person upon notice by the Administrator shall have thirty (30) days to file an amended application for a home occupation permit for Commission consideration under the following Subsection 18-45(c)(5)(c).

c.

If the proposed home occupation does not clearly qualify for administrative approval under Subsection 18-45(c)(5)(a), the Administrator shall schedule a hearing on the application before the Commission no later than sixty (60) calendar days following the submittal of a completed application. The applicant shall attend or send an authorized representative to the hearing on the date set by the Administrator. The Commission after hearing on the application shall issue approval for a home occupation permit if the Commission finds:

(i)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the occupants.

(ii)

Not more than twenty-five (25) percent of the floor area of the dwelling unit and not more than two thousand (2,000) square feet in an accessory building shall be used for all home occupations upon the lot. For lots located in the Neighborhood Commercial and Office District (NCOD) as defined in the FNWS Plan Addendum to the NWS Plan, Ordinance 342, dated February 12, 2002, not more than forty-five (45) percent of the floor area of the dwelling unit or more than four thousand (4,000) square feet in an accessory building shall be used for all home occupations upon the lot.

(iii)

No more than one person other than residents of the premises shall be engaged in all home occupation at any one time on the premises in A-1 and A-2 zoned lots. For lots located in the Neighborhood Commercial and Office District (NCOD) as defined in the FNWS Plan Addendum to the NWS Plan, Ordinance No. 342, dated February 12, 2002, no more than 3 persons other than residents of the premises shall be engaged in all home occupation at any one time on the premises.

(iv)

There shall be no change in the exterior appearance of the buildings or premises, or any visible evidence of the conduct of a home occupation other than:

i.

Activities normally associated with a permissive use of the residence, and

ii.

An appropriate sign as regulated by chapter 8, Article IV of this Code.

(v)

All business-related tools and materials shall be maintained to have an orderly appearance.

(vi)

No equipment or process shall be used in the home occupation, which creates noise, vibration, glare, fumes, noxious odors, or other nuisances detectable from adjacent properties.

(vii)

There shall be no sales of goods or services from the home, which would generate greater traffic volume than would be created in a residential neighborhood.

(viii)

No more than two service vehicles used in the conduct of the home occupation shall be upon the premises at any one time for all home occupation(s) and business registrations.

(ix)

Any parking needs generated by the conduct of the home occupation shall be met by using off-street parking.

(x)

Maximum of four (4) home occupations shall be permitted on any one lot at any one time.

(xi)

In approving a home occupation permit, the Commission shall designate the specific uses permitted.

(xii)

If the applicant is not the owner of the property, the applicant shall provide a letter signed by the property owner granting approval for the proposed business use.

d.

Any change in use and/or addition to the site of any structure to be used in conjunction with the home occupation shall require the re-submittal of an application and approval as required by this Subsection 18-45(c)(5). All representations made by the applicant to the Commission or to the Governing Body in connection with an application for a home occupation permit, whether presented in written form or verbally presented at hearing, shall be deemed conditions of the home occupation permit, and any subsequent deviation therefrom shall be considered a change in use requiring re-submittal of an application and approval of an amended home occupation permit reflecting the change in use.

(6)

Notice requirements for home occupation permit. The hearing at which a request for home occupation permit will be heard requires public notice. In addition to public notice, the applicant shall obtain from the Village a notification sign, which contains information that is pertinent to the home occupation permit application. This sign must be displayed by the applicant in a location visible and prominent to the general public on the property for which the home occupation permit is requested for at least 15 days prior to the date of the hearing.

(d)

Special use permit.

(1)

Approval and permit required. Any person or entity wanting to engage in a use on a commercial zoned lot which is not identified as a commercial permissive use for the C zone, or a use on a lot zoned M for municipal, public or quasi-public use which is identified as a use by review for the M zone, may request a special use permit for that particular use.

(2)

Application and fee. Anyone wanting a special use permit must obtain and submit the completed application for a special use permit. This application shall be returned to the Administrator accompanied by the appropriate application fee and number of sets of required drawings. All special use permits must satisfy at least the following minimum requirements:

a.

Show proposed new structure(s) and any existing buildings or structures, all property lines with dimensions, all roads/streets, easements and setbacks.

b.

Show all locations on-site for water, septic, sewer, refuse, electrical points of connections, proposed service routes and existing utilities on the site.

c.

Show all required parking, drainage and grading information.

d.

Show required landscaping information.

e.

Indicated drainage inflow and outflow locations and specify areas required to be maintained for drainage purposes.

f.

Include a topographic survey if requested by the Administrator.

g.

Show all structures on adjacent properties located within twenty-five (25) feet of the site.

h.

Identify the zone designations of adjacent properties.

i.

Additional information necessary to demonstrate compliance with the requirements for the article as determined by the Administrator.

j.

Show north arrow and scale on all drawings unless clearly unnecessary for the specific drawing in question.

(3)

Review process. The Administrator shall schedule a hearing before the Planning and Zoning Commission no later than 45 days following the submittal of a completed application, and legal notice (as defined in Section 18-29) of the hearing shall be provided to adjacent property owners with the costs of such notice borne by the applicant.

(4)

Meeting with Administrator. Prior to submitting an application, the applicant shall first schedule a meeting with the Administrator. Review and comments can be obtained at this time, concerning the relationship of the proposed special use to the Village comprehensive plan and the applicable zoning ordinances, along with copies of the pertinent sections of this article, applications and other submittal requirements.

(5)

Guidelines. The Planning and Zoning Commission shall not approve any special use permit unless all the requirements as required by this article for the C commercial zone or the M municipal, public and quasi-public zone, as applicable, are met and satisfactory provisions have been made concerning the following, where applicable:

a.

Accessibility to property and proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, and emergency access in case of fire, flood or catastrophe; access shall be from a major thoroughfare to the extent possible;

b.

Off-street parking and loading areas where required, with particular attention to the refuse and service areas;

c.

Show all on-site locations for water, septic, sewer and liquid waste facilities, with reference to soil limitations, locations and public health;

d.

On-site drainage and storm water runoff;

e.

The noise, glare, or odor effects of the proposed use on adjoining properties;

f.

General compatibility with existing adjacent properties;

g.

The goals and objectives of the Village of Corrales' Comprehensive Plan;

h.

Applicant must show an approved NMED waste permit for the proposed use; and

i.

State engineer's approval of the well and water usage for the proposed use.

(6)

Additional requirements:

a.

In approving a special use permit, the Planning and Zoning Commission may impose any condition deemed to be in the best interests of the Village.

b.

Any change in use and/or any alteration or addition to the site of any structure upon the site shall require the resubmittal of an application and approval as required by this section.

(7)

Sunset: Any special use permit will automatically expire twenty-four (24) months after approval by the Commission if the approved use is not implemented. The Commission, in its discretion, may extend, or not extend, this time in cases in which the use is the subject of litigation or for any other reason that excuses the failure to undertake the use through no fault of the applicant. Any decision by the Planning and Zoning Commission to extend the time for implementation of the special use may be appealed to the Governing Body.

(8)

Abandonment. Whenever a special use permit has been discontinued or abandoned for a period of twelve (12) months or more, such use shall not thereafter be reestablished, and any future use must be in conformance with the provision of this article.

(9)

Notice requirements for special use permit approval. Legal notice shall be given for any hearing at which a request for a special use permit approval will be heard. In addition to the legal notice of mailing and posting, the applicant shall obtain from the Village a notification sign, which contains information that is pertinent to the special use permit application. This sign must be displayed by the applicant in a location visible and prominent to the general public on the property for which the special use permit review is requested for at least fifteen (15) days prior to the date of the hearing.

(e)

Demolition permit.

(1)

Scope and purpose. This Subsection 18-45(e) is applicable to all properties, whether residential or commercial, within the Corrales Road Commercial Area. It is the intent of this Subsection 18-45(e) to:

a.

Preserve and protect buildings and structures that constitute or reflect distinctive features of the architectural, cultural, economic, political or social history within the Corrales Road Commercial Area, as defined in Section 18-37(b);

b.

Limit the detrimental effect on community character and heritage that may result from the demolition of such buildings and structures; and

c.

Provide timely review of applications for demolition permits so as not to impose undue burdens on the applicant. This Subsection 18-45(e) is applicable to all properties, residential or commercial, within the Corrales Road Commercial Area.

(2)

Limitations and exceptions; emergency demolition.

a.

This Subsection 18-45(e) shall not apply to applications or requests for demolition due to an actual threat to public health or safety or to emergency demolition orders issued by the Village as a consequence of a threat to public health, safety or welfare. In the event that an applicant or other authority requests approval for emergency demolition because of an imminent and substantial danger to the health or safety of the public, the Administrator shall cause the inspection of the premises and the documentation in writing or through photographic means of the conditions or circumstances appearing to require emergency demolition. If the Administrator determines that emergency demolition is justified, the Administrator shall state in writing the Administrator's findings and reasons requiring the emergency demolition and shall issue the requested permit. The Administrator's findings and all documentation supporting them shall be made part of the record relating to the permit.

b.

The provisions of this Subsection 18-45(e) shall not be construed to prevent the ordinary maintenance or repair of any exterior architectural features, nor to prevent the erection, alteration or removal of any such feature which the Mayor, the Village Administrator, the Planning and Zoning Administrator, the building inspector, the fire chief, or the designee of any of them, determines must be erected, altered or removed for the public safety because of an unsafe condition resulting from damage or deterioration.

(3)

Creation of Corrales Heritage Committee. There is hereby created the Corrales Heritage Committee, consisting of up to five (5) members appointed by the Mayor with the advice and consent of the Governing Body. Each member appointed to the Corrales Heritage Committee shall have expertise or experience in some aspect of historic preservation. The Corrales Heritage Committee shall meet from time to time, on the request of the Administrator or at the call of the chairperson, to advise the Administrator regarding any specific applications for demolition permits that may be submitted under this Subsection 18-45(e). All meetings of the Corrales Heritage Committee shall be public and shall be appropriately noticed. However, the Corrales Heritage Committee shall be purely advisory in nature, and shall not have power to establish or implement public policy.

(4)

Actions requiring demolition permit.

a.

No person, partnership, firm, corporation, or other entity of any nature shall demolish any building, structure or part thereof if any portion of such building or structure is over fifty (50) years old and is located on land within the Corrales Road Commercial Area, as defined in Section 18-37(b), except in accordance with a demolition permit issued by the Administrator or building inspector following approval by the Commission. If the age of the building or structure is unknown, undeterminable or in dispute, it shall be assumed to be at least fifty (50) years old for purposes of this Subsection 18-45(e). A demolition permit shall be issued with such limitations and conditions, if any, as may be imposed or required by the Commission.

b.

Each demolition permit shall clearly describe the building or structure to which it applies. The terms building and structure as used herein have the meanings set forth in Section 18-29(a). In accordance with those definitions, the term structure shall be understood to include constructed edifices of any kind, and includes but is not limited to buildings, fences, barns, bandstands, bridges, gates, and other structures not necessarily meant for human occupation. A permit to demolish or remove one building or structure shall not be deemed to include permission to demolish or remove other buildings or structures on or off the property, unless explicitly included within the scope of the permit.

c.

In addition to complete demolition of a building or structure, the following actions shall require a demolition permit for buildings or structures described in the foregoing [Subsection] 18-45(e)(4)(a):

(i)

Removal of a roof for the purpose of: raising the overall height of a roof; rebuilding the roof to a different pitch; or adding another story to the building or structure.

(ii)

Removal of one or more exterior walls of a building if the wall or walls faces Corrales Road.

(iii)

Removal of more than twenty-five percent (25%) of the gross square footage of a structure, as determined by the Administrator or building inspector.

(iv)

The lifting and relocation of a building on its existing site or to another site.

(v)

The delay or withholding of maintenance on a building or structure in such a way as to cause or allow a significant loss of architectural integrity or structural stability.

(5)

Demolition permit application. Any person, partnership, firm, or entity seeking to demolish, in whole or in part, a building or structure that is over fifty (50) years old and is located on land within the Corrales Road Commercial Area shall deliver to the Village Clerk an application, in a form approved by or acceptable to the Administrator, which shall include as a minimum the following:

a.

The common name (if any) and actual street address of the building or structure, and a complete legal description of the land upon which the building or structure is located;

b.

The name, address and telephone number of the applicant and of the owner of the land, if the landowner is not the applicant;

c.

The age of the building or structure and, if applicable, of the portion of the building or structure proposed for demolition, with evidence for the age stated;

d.

The total dimensions or square footage of the building or structure to be demolished;

e.

The dimensions or square footage of the area proposed to be demolished, if less than the entire building or structure;

f.

A brief description of the materials, configuration and use of the existing building or structure;

g.

One or more recent photographs showing all elevations and including an aerial photograph of the building or structure;

h.

The reason for requesting a demolition permit;

i.

A brief description of the proposed reuse, reconstruction or replacement for the existing building or structure; and

j.

The signatures of the applicant and of the landowner (if different from the applicant) affirming the accuracy of the information provided and confirming that the application is submitted with their approval.

(6)

Review process.

a.

The Administrator shall schedule a hearing before the Commission no less than sixty (60) days after the submittal of a completed application for demolition with the required fee, if any. The completeness of the application shall be determined by the Administrator. In the event that an application is deemed incomplete, the application shall be returned to the applicant with a notation of the deficiencies rendering it incomplete. The Administrator shall prepare a report for presentation to the Commission prior to the hearing, with the Administrator's recommendations to the Commission. In preparing the report, the Administrator may (1) seek the advice of the Corrales Heritage Commission; (2) seek or require the applicant to provide additional information that the Administrator deems reasonably necessary for their recommendation; or (3) meet with the applicant to discuss options, alternatives or other outcomes in lieu of demolition.

b.

At hearing, the Commission may approve the demolition permit application, may deny it for good cause shown, or may approve it with such conditions as may appear best to the Commission considering all testimony and evidence presented. In considering a demolition permit application, the Commission may take into account, but is not limited to, the following considerations:

(i)

Whether the building, structure or property is listed on the National and/or State Register of Historic Places;

(ii)

Whether the building, structure or property is associated with persons or events of historical importance;

(iii)

Whether the building, structure or property is associated with the architectural, cultural, political, economic or social history of the Village; and

(iv)

Whether the building or structure is historically or architecturally reflective for its period, style, method of construction or association with a particular architect, builder or craftsperson.

d.

In the event that a demolition permit is granted, the Commission may as a prior condition for issuance of such permit:

(i)

Require submittal of a replacement site development plan meeting the requirements set forth in Subsection 18-45(b);

(ii)

Require documentation of any architectural, cultural, economic, political or social history attributes of the building or structure to be demolished; or

(iii)

Impose such other pre-demolition requirements as the Commission deems appropriate.

(7)

a.

Withdrawal of application. In the event that a property owner or applicant prior to hearing before the Commission determines that an alternative use in lieu of demolition is appropriate and acceptable, then:

(i)

The applicant shall submit a written statement to the Village Clerk, the Administrator or their designee withdrawing the demolition permit application and stating in general terms the alternative use or disposition that will be made in lieu of demolition.

(ii)

The applicant, along with or following submittal of the written statement withdrawing the application, may submit any application or request that is necessary in connection with the alternative use or disposition. Any fee paid to the Village in connection with the demolition permit application shall be credited against any fee or fees required to be paid in connection with the application or permit request for the alternative use or disposition.

(8)

Notice requirements for demolition permit. Public notice is required for the hearing at which the demolition permit application will be heard by the Commission. In addition to public notice, the applicant shall obtain from the Village a notification sign, which shall include information pertinent to the demolition permit application and notify readers of the date and time of the hearing before the Commission. The sign must be displayed by the applicant in a location visible and prominent to the general public on the property for which the demolition permit is requested, for a period of not less than fifteen (15) days prior to the date of the hearing.

(9)

Notice requirements for historically registered properties. In the event that a demolition permit application is submitted for any property registered on the National and/or State Register of Historic Places, the Administrator shall promptly, in writing, notify the Corrales Historical Society and the New Mexico State Historic Preservation Office (SHPO) of the application. In addition, to ensure adequate notice to the public, the applicant shall within two (2) days following submittal of the application place in a prominent visible location upon the property a sign, provided or approved by the Administrator, notifying viewers that the demolition permit application has been submitted and will be considered by the Commission at a date to be determined, which sign shall remain in place until the hearing before the Commission or the withdrawal of the application.

(10)

Issuance of permit. A demolition permit approved by the Commission shall be issued by the Administrator promptly after approval, unless before issuance of such permit a timely appeal of the Commission's decision is filed in accordance with Section 18-49.

(11)

Time limitation and expiration of permit. Any demolition permit issued pursuant to this Subsection 18- 45(e) shall be valid for a period of one hundred eighty (180) days from the date of issuance. In the event that the permitted demolition is commenced but not completed within one hundred eighty (180) days from the date of issuance, the permittee may request an extension of time to complete the demolition, and the Administrator in his or her discretion may approve an extension of time not to exceed ninety (90) days. In the event that the permitted demolition has not been commenced within one hundred eighty (180) days from the date of issuance, the permittee may seek Commission approval for an extension of time, which shall not exceed an additional one hundred eighty (180) days from the original expiration date. If the demolition work has not been completed within the one hundred eighty (180) day permit period plus approved extensions, if any, the demolition permit shall be void and the work may not proceed until the applicant has submitted a new application and obtained a new demolition permit in accordance with all applicable requirements.

(f)

Short-term rentals, approval and permit required.

(1)

Except as otherwise provided in this Subsection 18-45(f), no person(s) or entity shall engage in short-term rentals in the A-1, A-2, C or Historic zones without a valid short-term rental permit issued by the Village of Corrales for the particular real property. Short-term rental permits are issued to the owner(s) of the property and are not assignable or transferable.

(2)

Application and Fee. Anyone wishing to engage in short-term rentals must submit a completed application. The application shall be returned to the Administrator accompanied by the appropriate application fee and must show, at a minimum:

a.

The maximum number of occupants and vehicles that the dwelling unit can accommodate.

(i)

In commercial zones, there can be no more than six guest rooms on a short-term rental property and no more than two total occupants per bedroom being used as a short-term rental.

(ii)

In the A-1 and A-2 zones, there can be no more than four guest rooms on a short-term rental property and no more than two occupants per bedroom being used as a short-term rental.

b.

A Google map or similar map showing the entire property, all roads which abut the property and at least 25 feet of adjacent properties, showing on-site parking, areas subject to the short-term rental business, and the location of the septic tank.

c.

Floorplan showing all bedrooms within the dwelling unit on the property.

d.

Off-street parking required, with at least one parking space per bedroom on the property.

e.

A valid septic permit for the property, showing the number of bedrooms permitted by the State to the septic system on the property.

f.

The name, mailing address, email address, and contact phone numbers (including 24-hour emergency contact numbers) of the owner of the property for which the permit will be issued.

g.

The name, mailing address, email address, and contact phone numbers (including 24-hour emergency contact numbers) of the operator and the local contact person for the owner of the rental.

h.

A valid New Mexico gross receipts tax number for the operator.

i.

Short-term rental permit application fee.

(3)

Meeting with the Administrator. Prior to submitting an application, the applicant shall first schedule a meeting with the Administrator. Review and comments shall be given to the applicant at this time, concerning the relationship of the proposed development to the Village Comprehensive Plan and the applicable zoning ordinances, along with copies of the pertinent sections of this article, applications and other submittal requirements.

(4)

Review Process. The Administrator shall schedule a hearing on the application before the Planning and Zoning Commission no later than sixty (60) days following the submittal of a completed application.

(5)

Commission approval. The Planning and Zoning Commission may approve a short-term rental permit if the Commission finds that the applicant has met the requirements of Section 18-45(f)(2)(a) through (i). The Commission may add such additional conditions or limitations upon the permit which may be appropriate to minimize any potential adverse impacts upon surrounding properties.

(6)

Conditions of issuance of short-term rental permit.

a.

Events not permitted in residential zones. Short-term rental permits only allow overnight accommodations, with or without the service of breakfast, to registered overnight guests only. No property in the A-1, A-2, or Historic zones for which a short-term rental permit has been issued shall be used as an event center for parties, weddings or other gatherings where additional persons other than registered overnight guests are present. This is a condition of the issuance of a short-term rental permit which the permit holder accepts upon issuance of the permit by the Village. In addition to other penalties under the Village Code, a violation of this condition may result in the revocation of the short-term rental permit.

b.

Upon approval by the Commission, a business license is required for anyone conducting business within the Village of Corrales.

c.

Upon approval by the Commission, a fire inspection will be required and the property must be compliant with the Fire Code.

d.

A lodger's tax registration number for the property.

(7)

Penalties for violation of requirements of subsection (f) of Section 18-45.

a.

Any person who violates any provision of subsection (f) of Section 18-45 shall upon a first conviction, be subject to a fine of not less than $250.00 nor more than $500.00, or imprisonment of not more than 90 days, or both such fine and imprisonment.

b.

Any person who violates any provision of subsection (f) of Section 18-45 shall upon a second or subsequent conviction, be subject to a fine of $500.00 or imprisonment of not more than 90 days, or both such fine and imprisonment.

c.

Each day that a violation occurs constitutes a separate violation of Village of Corrales Municipal Code as provided for in this subsection.

d.

The Village Code Enforcement Officer or other designated Village employee shall take action to correct the violation as provided for in the Code.

e.

Possible Revocation of short-term rental permit.

(8)

Notice requirements for short-term rental permit. The hearing at which a request for short-term rental permit will be heard requires public notice. In addition to public notice, the applicant shall obtain from the Village a notification sign, which contains information that is pertinent to the short-term rental permit application. This sign must be displayed by the applicant in a location visible and prominent to the general public on the property for which the short-term rental permit is requested for at least 15 days prior to the date of the hearing.

(g)

Cannabis related activities, approval and permit required. For purpose of this section, all measurements for the purpose of determining the location of a cannabis retail establishment, cannabis consumption area, or cannabis courier in relation to schools or daycare centers shall be the shortest direct line measurement between the actual limits of the real property of the school or daycare center and the actual limits of the real property of the proposed cannabis establishment, cannabis consumption area, or cannabis courier.

(1)

No person(s) or entity shall engage in the production, manufacture, or sale of cannabis or cannabis products in any zones without a current business registration and a valid Cannabis permit issued by the Village of Corrales, permitting the specific cannabis-related activity or activities sought to be permitted on the premises. Cannabis permits are issued to the applicant(s) and are not assignable or transferable. Compliance with this section does not alleviate the applicant(s) from requiring approval from the Planning Administrator for all other applicable sections of 18-45.

(2)

Application and fee. Anyone wishing to conduct cannabis-related activity must submit a completed application. The application shall be returned to the Administrator accompanied by the appropriate application fee for the use(s) to be permitted, and must show, at a minimum:

a.

The complete documentation to be provided to the Regulation and Licensing Department.

b.

The cannabis retailer, cannabis consumption area, or cannabis courier facility to be permitted may not be located within 300 feet of a school or daycare center in existence at the time a permit was sought.

c.

The cannabis retailer and cannabis consumption area seeking a permit may not be located within 200 feet of another cannabis retailer or cannabis consumption area in existence at the time a permit was sought.

d.

A site plan, including all greenhouse(s) proposed for the growth of cannabis and any accessory structure(s) located on the premises.

e.

Valid proof of identity of the person(s) seeking the permit, indicating they are at least 21 years of age.

f.

Proof of ownership or legal occupancy of the premises to be permitted, including an affidavit from the owner of the property that the applicant has permission to conduct cannabis-related activity on the premises if the property is not owned by the applicant.

g.

A valid New Mexico gross receipts tax number.

h.

The name, mailing address, email address, and contact phone numbers (including 24-hour emergency contact numbers) of the owner of the property for which the permit will be issued.

i.

All other legal requirements as provided for according to the regulations set forth by the Regulation and Licensing Division pertaining to cannabis and cannabis related activity.

j.

The Zoning Permit approval shall be granted contingent upon the licensee providing a valid license upon approval from RLD.

(3)

Compliance with Section 18-45(g)(3)(a) through 18-45(g)(3)(d) required. Any cannabis establishment seeking to construct or occupy a building or structure requiring a site development plan pursuant to Section 18-45(g)(3)(a)—(d) of the Village Code must provide documentation of Site Development Plan approval at the time of permit application.

a.

All cannabis establishments shall be equipped with odor control filtration and ventilation system(s) based on the current industry-specific best control technologies. No operable windows or exhaust vents shall be located on any building facade. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones. The building, or portion thereof, used for cannabis production, manufacture, retail, or consumption shall be designed or equipped to prevent detection of marijuana odors and other objectionable odors from the property line.

b.

Greenhouses or other structures incidental to the production of cannabis or cannabis products or manufacture of cannabis or cannabis products shall be ventilated in such a manner that no:

(i)

Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere.

(ii)

No odor from marijuana cultivation, processing, sale, storage or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at any adjoining use or adjoining property to the cannabis producer or cannabis manufacturer.

(iii)

Odor Control: Odor filtration systems shall be maintained regularly such that odor abatement remains effective.

(iv)

Cannabis producers shall keep a maintenance record for their filtration system(s) which shall include, at a minimum: the filter(s) changed, date the filter change was conducted, and due date for next filter change.

(v)

The exhaust system to control odor shall be designed by a licensed professional air quality/environmental engineer recognized by the State of New Mexico.

c.

Greenhouses, manufacturing facilities, or other structures incidental to the production of cannabis or cannabis products shall be equipped with noise buffering panels sufficient to reduce sound emissions below 85 decibels as measured from the property line.

d.

Applicants must provide a valid permit from the Office of the State Engineer at the time of application certifying access to water rights sufficient to conduct the activity or activities for which the Village permit is sought.

(4)

Hours of Operation. No commercial cannabis producer, manufacturer, or courier shall be permitted to operate between the hours of 10:00 pm and 8:00 am the following day. No commercial cannabis retailer or consumption area shall be permitted to operate between the hours of 8:00 pm and 10:00 am the following day.

History: Ord. No. 190 § 2, adopted 4-11-88; Ord. No. 192, § 8-1-21, adopted 11-13-89; Ord. No. 332, § 18-45-b, adopted 02-10-98; Ord. No. 06-02, adopted 5-23-06; Ord. No. 06-16, adopted 11-28-06; Ord. No. 09-003, adopted 4-14-09; Ord. No. 09-005, adopted 5-19-09; Ord. No. 10-009, adopted 9-14-10; Ord. No. 10-008, adopted 9-28-10; Ord. No. 12-003, adopted 2-14-12; Ord. No. 17-009, §§ 7—9, adopted 8-8-17; Ord. No. 19-006, §§ 4, 5, adopted 12-10-19; Ord. No. 20-005, adopted 9-8-20; Ord. No. 21-06, adopted 8-17-21; Ord. No. 21-06, adopted 1-4-22; Ord. No. 22-01, adopted 3-22-22; Ord. No. 23-01, adopted 1-10-23; Ord. No. 23-08, §§ 1—3, adopted 10-10-23.