Espanola City Zoning Code

Applications for amendment to the text of this chapter may be made by the City Council, the Planning Commission, the City Manager, the Planning Director or by the owner of any parcel of property to be affected, and shall be submitted to the Planning Department.

All applications for amendment to the text of this chapter shall include all applicable information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the text amendment request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for amendment to the Official Zoning Map may be made by the City Council, the Planning Commission, the City Manager, the Planning Director or the owner of any parcel of property to be affected, and shall be submitted to the Planning Department.

All applications for amendment to the Official Zoning Map shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the Official Zoning Map amendment request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for commercial site plan approvals may be made by the owner of any parcel of property to be affected and shall be submitted to the Planning Department.

All applications for commercial site plan approvals shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the commercial site plan request. Notice of public hearing shall be given as provided in Article V of this chapter. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation, unless the DRT, having found that more information or review is necessary, continues the matter. At no time shall the review extension exceed more than 30 days beyond the public hearing date.

Applications for variance may be made by the owner of any parcel of property to be affected and shall be submitted to the Planning Department. Applications for variances associated with a subdivision request shall be submitted with the preliminary plat application or with the summary subdivision application, as applicable.

Applications for variance to this chapter shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the variance request. Notice of public hearing shall be given as provided in Article V. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for special use permits may be made by the owner of any parcel of property to be affected and shall be submitted to the Planning Department.

All applications for special use permits shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the special use permit request. Notice of public hearing shall be given as provided in Article V. If the DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for determinations of uses and additions, deletions or changes in category of uses allowed may be made by the City Council, Planning Commission, City Manager, Planning Director or by the owner of any parcel of property to be affected and shall be submitted to the Planning Department.

Applications for determinations of uses and additions, deletions or changes in category, of uses allowed, shall include all information, and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing on the request. Notice of public hearing shall be given as provided in Article V. If DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for landscape plans may be made by the owner of any parcel of property to be affected and shall be submitted to the Planning Department.

Applications for landscape plans shall be submitted as part of the original application for the site plan or special use permit.

Applications for landscape plans shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining how it conforms to the pertinent review criteria, including §§ 1304 and 1305, and shall depict:

The decisionmaking authority shall not take final action on a site plan or special use permit application without prior review and approval of a landscape plan by the Planning Director. When the applicant has completed the final plat, the Planning Director shall review the final landscape plan for action in accordance with § 201 and determine whether it should be forwarded to the Planning Commission for its consideration.

Applications for amendment to the Comprehensive Plan may be made by the City Council, the Planning Commission, the City Manager, the Planning Director or by the owner of any parcel of property to be affected, and shall be submitted to the Planning Department.

Applications for amendment to the Comprehensive Plan shall be in conformance with this section and shall include all information and materials required by this section, and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

The application shall include a statement explaining why the amendment is necessary and shall cite the sections of the Comprehensive Plan to be amended.

Within 30 days following receipt of a complete application, the Planning Director shall set a date for public hearing before the Planning Commission on the Comprehensive Plan amendment request. Notice of public hearing shall be given as provided in Article V. If DRT review, as required by § 203, is not complete prior to the scheduled public hearing, the application shall be deemed to have been passed by the DRT without recommendation.

Applications for temporary use permits may be made by the owner of any parcel of property to be affected and shall be submitted to the Planning Department. No temporary use permit shall be approved, by the Planning Director, for more than six months. Initial requests involving request for more than six months shall be made to the Planning Commission.

Applications for temporary use permits shall be in conformance with this section and shall contain sufficient information to determine the yard area, sanitary facilities and parking space required for the proposed use and any additional information specifically requested by the Planning Director. The application fee as specified in Chapter 171 shall be submitted with the application.

In issuing a temporary use permit, the Planning Director or Planning Commission may indicate the permitted hours of operation and any other conditions, such as lighting, parking or protective fences, which are deemed necessary to protect adjacent property or the public health, safety and welfare.

Each site occupied by a temporary use shall be left free of debris, litter or any evidence of the temporary use upon the expiration of the temporary use permit and the cessation of the temporary use. Before issuing a temporary use permit, the Planning Director or Planning Commission shall require a cash deposit or letter of credit as may be determined to be adequate to ensure the cleaning up of the property covered by the temporary use permit. If the property and the surrounding area are not in the condition required, then the City may restore it to that condition, in which event the City shall have the right to be reimbursed for the costs incurred from the deposit or other security.

Upon written application, the Planning Director or Planning Commission may modify any of the conditions contained in the temporary use permit, if the Planning Director or Planning Commission determines that the modification does not conflict with the purposes of the zoning requirements.

Upon written application, the Planning Director may extend the time of operation of the temporary use permit no more than 20% above the total time initially allowed. Extension of time beyond 20% shall be approved by formal action of the Planning Commission.

A use requiring a temporary use permit but continuing beyond the allowed temporary use period, as provided in this chapter, shall constitute an offense under this chapter and shall be subject to the general penalties for such offense.

Following receipt of a complete application, the Planning Director or Planning Commission may issue the requested temporary use permit when the Planning Director finds that all of the conditions can be met as set forth in this subsection.