(a)

Amendment. The Governing Body may amend any part of this article, including the zone district boundaries, following a review and recommendation made by the Planning and Zoning Commission; however, the Governing Body is not bound by the recommendation of the Commission.

(1)

Review process for amendment. The Administrator shall schedule a public hearing on any proposed amendment to this article before the Planning and Zoning Commission no later than sixty (60) days following the submittal of a request for such public hearing by the Governing Body. The Commission shall transmit a recommendation in writing to the Governing Body within fifteen (15) days after its review of the proposed amendment is completed.

(b)

Zone map amendments.

(1)

Applications for zone map amendment. Anyone requesting a zone map amendment to this article must submit the completed application form for a zone map amendment request. This form shall be returned to the Administrator accompanied by the appropriate application fee and number of sets of required drawings.

(2)

Meeting with Administrator. Prior to submitting an application for a zone map amendment, the applicant shall first schedule a meeting with the Administrator. Review and comments can be obtained at this time concerning the relationship of the application to the Village Comprehensive Plan and the applicable zoning ordinances, along with copies of the pertinent provisions of this article, applications and other submittal requirements.

(3)

Review process for zone map amendment. The Administrator shall schedule a hearing on an application for a zone map amendment before the Planning and Zoning Commission no later than sixty (60) days following the submittal of the completed application. The Commission shall transmit a recommendation on any zone map amendment request in writing to the Governing Body within fifteen (15) days after its review of the proposed zone map amendment is completed. The Governing Body shall schedule a hearing on the application for a zone map amendment as soon as reasonably practicable, but no more than one hundred twenty (120) days after the Commission's recommendation is transmitted to the Governing Body.

(4)

Conditions for zone map amendment. In considering a request for approval of a zone map amendment, other than Village-owned property to the M zone, the Planning and Zoning Commission and Governing Body shall consider the following:

a.

Compatibility with the zoning and use of adjacent properties and other properties in the vicinity;

b.

The overall health and safety of the community;

c.

The goals and objectives of the Comprehensive Plan.

d.

One (1) or more of the following conditions exist:

(i)

There was a mistake in the original zoning;

(ii)

There has been a change in the neighborhood or community conditions that justify the change;

(iii)

A change in zoning would be more advantageous to the community as articulated in the comprehensive plan.

(iv)

The cost of land or other economic considerations shall not be the determining factor for zone change.

(v)

The site is physically suitable for the development of the uses and density permitted by the proposed zoning district.

(5)

Prior to development a site development plan will be required. See Section 18-45(b) for site development plan procedures.

(6)

Village-owned property; request for zone map amendment to "M" Municipal, public and quasi-public zone. In considering a request by the Village for approval of a zone change to "M" (Municipal, public and quasi-public) zone, the Commission and the Governing Body shall consider the overall health, safety and welfare of the community.

(7)

If the owners of twenty (20) percent or more of the area of the lots and of land included in the area proposed to be changed by a zoning regulation or within one hundred (100) feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a majority vote of all the members of the Governing Body. NMSA 1978, Section 3-21-6(C).

(8)

Notice requirements for zone map amendments. The hearing at which a request for a zone map amendment will be heard must receive legal notice. In addition to legal notice, the Administrator will provide the applicant with a notification sign, which contains information that is pertinent to the zone map amendment or variance 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 zone map amendment or variance is requested for at least fifteen (15) days prior to the date of the hearing.

(c)

Variances.

(1)

Applications for variance. Anyone requesting a variance to this article must submit the completed application form for a variance request. This form shall be returned to the Administrator accompanied by the appropriate application fee and number of sets of required drawings.

(2)

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

(3)

Review process for variance. 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.

(4)

Conditions for variance: The Planning and Zoning Commission may deny any request for a variance that is based on conditions which are the result of the action of the applicant. Where the Planning and Zoning Commission finds that the strict application of the requirements of this article would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building, a variance may be granted provided that:

a.

The variation of this article will not be contrary to the public interest,

b.

The variation will not adversely affect adjacent property owners or residents,

c.

The conditions are unique to the property, and

d.

The variance is authorized only for lot controls and not for use of the premises. A variance cannot be issued for a lot size less than the defined minimum for any zone.

(5)

Prior to development, the applicant must obtain any applicable required permits.

(6)

Notice requirements for a variance. The hearing before the Planning and Zoning Commission at which a request for a variance will be heard must receive legal notice. The Administrator will provide the applicant with a notification sign, which contains information that is pertinent to the variance 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 variance is requested for at least fifteen (15) days prior to the date of the hearing.

(7)

Preservation incentive variance; scope, application and review. The scope, application process, review procedures and conditions for approval set forth in this Subsection 18-48(d) govern applications for a preservation incentive variance as provided in Subsection 18-35(j) and Subsection 18-37(l).

a.

Intent and scope. It is the intent of this subsection to provide incentives for property owners in the Corrales Road Commercial Area (CRCA) and the H - Historic Area Zone to preserve and protect buildings fifty (50) years old or older, traditional development patterns, structures built of traditional materials such as adobe and terrón, and to provide flexibility in the application of ordinances and regulations that may be inconsistent with the historical development and building traditions of Corrales. An application for a preservation incentive variance relating to property within the CRCA or the H zone may be requested for:

(i)

Lot coverage;

(ii)

Parking requirements and location;

(iii)

Setback requirements;

(iv)

Architectural requirements; or

(v)

Fees imposed by the Village.

b.

Application. Any person seeking a preservation incentive variance in connection with a development review permit, a site development plan or other required permit for property in the CRCA or the H zone shall deliver a complete application to the Village Clerk for review by the Administrator prior to or in conjunction with the application for permit or plan approval. No fee shall be required for submittal of the preservation incentive variance application. A complete application shall include, as a minimum, the following:

(i)

The common name (if any) and actual street address of the property and the building or structure that is the basis for the application, and a complete legal description of the land;

(ii)

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

(iii)

A brief description, with appropriate drawings and photographs, stating the existing conditions on the property;

(iv)

A description and drawings of the proposed project, including any changes to existing buildings fifty (50) years old or older or structures built of adobe or terrón, and any changes in appearance of the property that will be visible from Corrales Road or Old Church Road. Include a brief description of the proposed use or reuse of the property and existing buildings or structures on the property. Include a discussion of the property's existing contribution characteristics to the historic Village character, and how the proposed project will be consistent with, or will enhance the historic characteristics of the area. Written descriptions may discuss construction materials and methods; architectural style and building typology; massing and scale; siting of existing and proposed buildings, structures and walls; open space; landscaping; and views to features such as the Sandia Mountains or the sandhills in the western part of the Village;

(v)

If a waiver of fees is requested, include a discussion of economic need, and economic benefit of the proposed project; and

(vi)

The signatures of the applicant and of the landowner, if the landowner is not the applicant, affirming the accuracy of the information provided and confirming that the application is submitted with the approval of the signatory.

(3)

Review and hearing. Upon receipt of a complete application for a preservation incentive variance, the Administrator shall submit the application for review and comment by the Corrales Heritage Committee. The Administrator shall forward the application, along with any recommendation or comment by the Administrator or the Corrales Heritage Committee, for consideration by the Commission in conjunction with the development review permit, site development plan or other required permit sought in conjunction with the requested preservation incentive variance, or separately if the applicant is not seeking a permit that requires approval by the Commission. The hearing before the Commission at which the application is heard shall be scheduled as soon as reasonably practicable, and shall receive legal notice in accordance with Subsection 18-48(c)(6).

(4)

Conditions for approval. In considering an application for a preservation incentive variance, the Commission may deny the request, approve it, or approve it subject to any condition or conditions reasonably deemed to be in the best interest of the Village. The Commission shall take into consideration all relevant information, including, but not limited to, the following:

a.

The comments and recommendation of the Corrales Heritage Committee regarding the application;

b.

Whether the proposed project furthers the Village goals of preserving and protecting the historic character of the Village;

c.

Whether the proposed project will be beneficial to the public, or at a minimum not detrimental to the interests of the public;

d.

Any adverse effects on adjacent and nearby property owners and residents; and

e.

Whether the property includes a building or buildings listed on the National or State register of historic places; is associated with persons or events of historical importance; is associated with the architectural, cultural, political, economic or social history of the Village; or is historically or architecturally reflective for its period, style, method of construction or association with a particular architect, builder or craftsperson.

History: Ord. No. 192, § 8-1-24, adopted 11-13-89; Ord. No. 06-02, adopted 5-23-06; Ord. No. 06-16, adopted 11-28-06; Ord. No. 07-002, adopted 4-24-07; Ord. No. 09-005, adopted 5-19-09; Ord. No. 12-006, adopted 3-27-12; Ord. No. 22-01, adopted 3-22-22; Ord. No. 24-15, adopted 10-8-24.