This chapter shall be known as the "County of Los Alamos Development Code" and may be referred to as the "development code".

This development code is adopted pursuant to the authority contained in NMSA 1978, §§ 3-19-1—3-21-26 et seq., and the Charter of the incorporated county.

(a)

The development code shall apply to all development and redevelopment, public and private, except as provided below, within the municipal boundaries and the planning and platting jurisdiction of the county.

(b)

The county shall be exempt from compliance with this development code in its construction, improvement, development or government use of public improvements or land to the extent that such construction, improvement, development or use is significantly dissimilar to private construction, improvement, development or use, or that compliance with the provisions of this chapter would infringe upon the county's obligation to promote and preserve the public health, safety, and welfare.

(c)

The county may not exempt itself from compliance with the provisions of this development code for projects such as offices, recreational facilities, warehouses, or storage yards. Specific requirements such as parking standards, height and setback requirements, and the sign section must be satisfied by any proposed county project. The intent of this exemption is to allow the county to construct unique structures such as utility stations, water towers and wastewater treatment plants that may be incompatible with development regulations that were written for more routine structures. The examples of specific uses in this subsection are included for purposes of illustration and not limitation.

(d)

For the county to exempt itself from compliance with the provisions of this development code, the county council shall, by motion, specifically exempt projects and/or developments for unique structures on a case-by-case basis. The only exception shall be for projects and/or developments for unique structures costing $50,000.00 or less.

The purpose of the Development Code is to:

(a)

Implement the adopted goals, policies and strategies of Los Alamos County, including those set forth in the comprehensive plan and other adopted plans;

(b)

Protect the health, safety, and welfare of the county;

(c)

Provide adequate privacy, light, and air, and otherwise mitigate adverse impacts associated with development that occurs in the county;

(d)

Provide protection from fire, flood, and other dangers;

(e)

Facilitate adequate provision for transportation, utilities, schools, parks, and other public requirements;

(f)

Conserve the value of buildings and land pursuant to NMSA 1978, § 3-21-5.B, and to encourage the most appropriate use of land throughout the county;

(g)

Divide the county into zone districts according to the use of land and structures and the intensity of such use and provide for the appropriate regulation of land use within those districts;

(h)

Guide the location and use of structures and land for commercial, industrial, public, and residential uses where they are, or can be made to be, compatible with neighboring land uses;

(i)

Provide for harmonious development in the county;

(j)

Provide for coordination of street plans;

(k)

Provide for needed school and park lands;

(l)

Preserve the natural beauty, vegetation, and topography, and prevent the pollution of air, water, and the general environment;

(m)

Ensure adequate drainage and availability of utility resources and facilities;

(n)

Control and abate the unsightly use of buildings or land;

(o)

Provide flexible regulations which encourage compatible, creative, and efficient uses of land;

(p)

Provide for the administration and enforcement of this chapter;

(q)

Provide service to applicants and property owners in understanding and working with the provisions and procedures of this chapter;

(r)

Provide for the subdivision of land.

(Ord. No. 02-363, § 1, 11-19-2024)

The Los Alamos County Comprehensive Plan, as amended, establishes the official policy of the county concerning designated future land uses and guides decisions regarding the appropriate manner in which property within the county should be zoned. The development code is the primary tool used by the county to implement the goals, policies, and strategies of the comprehensive plan. Any applicant seeking to amend the official zoning map to a zone district that is inconsistent with the adopted comprehensive plan must first obtain approval from planning and zoning commission and the county council, following the procedures in article V, Administration and Enforcement of this development code.

(a)

In interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Nothing in this chapter is intended to impair, annul or abrogate any easement, covenants or other agreement between parties, public or private. However, when the requirements of this chapter are at variance with the requirements of any lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standard shall govern as to each rule, regulation or standard.

(b)

Except as provided in this chapter, the following general regulations apply:

(1)

No land, building, structure or premises shall be used or intended to be used for any purpose or in any manner other than in a use listed in this chapter or amendment thereto as permitted in the zoning district in which such land, building, structure or premises are located.

(2)

No designated yards or open spaces surrounding any building or structure shall be encroached upon or reduced in any manner except in conformity with the building site, area and yard requirements established by this chapter, nor shall any yard or open space associated with any building or structure for the purpose of complying with the requirements of this chapter or amendments thereto be considered as providing a yard or open space for any other building or structure.

(3)

No public or private building or structure shall be erected or moved onto a site and no existing public or private building or structure shall be altered, enlarged, or reconstructed except in conformity with this chapter. No public or private building or structure shall be erected or structurally altered to exceed in height the limit established by this chapter or amendment thereto for the zone in which such building or structure is located. However, the county shall be exempt from compliance with this chapter in its construction, improvement, development or government use of public improvements or land to the extent that such construction, improvement, development or use is significantly dissimilar to private construction, improvement, development or use or that compliance with the provisions of this chapter would infringe upon the county's obligation to promote and preserve the public health, safety and welfare. In order for the county to exempt itself from compliance with the provisions of this chapter, the county council shall, by motion, specifically exempt projects and/or developments on a case-by-case basis, after submission to the planning and zoning commission for comment.

(c)

The provisions of this chapter shall apply to all seeking to subdivide land and no plat shall be accepted for review until a complete application has been accepted and all procedures and provisions established by this chapter have been met.

Except as specifically required in this chapter, nothing contained in this chapter shall require any change in any existing building or structure, construction or planned use of a proposed building which would conform to a completed application for a site plan, special use permit, variance or subdivision meeting the requirements of this chapter which were in effect at the time the complete application was filed and/or for which building permit plans are on file and have been approved by the community development department of the county prior to the effective date of this chapter, and the construction of which building or structure shall have been started within the time requirements of such building permit and diligently worked upon to its completion. Nothing in this section shall be construed to make an illegal nonconforming use or structure into a legal nonconforming use or structure.

(a)

No permit, certificate, or approval of any use that is subject to this development code shall be issued or granted by any department, agency, county official, or county employee without a finding of compliance with this Code having been issued by the appropriate review authority.

(b)

Except as otherwise specified in this Code, i.e. through waiver, variance or special exception processes outlined in article V, Administration and Enforcement, land may not be used, divided, or subdivided, and buildings may not be constructed, enlarged, altered, or occupied except in compliance with the provisions of this development code.

(a)

The standards of this development code are minimum requirements.

(b)

The community development director has the authority to interpret the provisions of this development code pursuant to section 16-72(a), Code Interpretations.

(c)

Adoption of this development code is not intended to impair, annul, or abrogate any easement, covenants, deed, or other agreement between parties, public or private.

(d)

Where conflict occurs between the provisions of this development code and any other county code or ordinance, resolution, or guideline, the more restrictive provision shall control.

(e)

Images in this development code are included to aid in the interpretation of the text but are not regulatory. If there is any conflict between an image and text, the text shall govern.

This development code was adopted by the county council on December 13, 2022 and became effective on January 23, 2023.

(a)

Any development approved before the effective date of this development code may be carried out in accordance of the terms and conditions of its approval and the development procedures and standards in effect at the time of approval, provided the approval has not expired and otherwise remains valid. If the prior approval expires, is revoked, or otherwise becomes invalid (i.e. for failure to comply with time limits or the terms and conditions of approval) any subsequent development of the site shall be subject to the procedures and standards of this development code.

(b)

To the extent a prior approved application proposes development that does not comply with this development code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of article V, division 4, Nonconformities.

(c)

If any use, lot, structure, sign, or site feature legally existed on the effective date of this development code (See "division 11, Effective Date"), but does not fully comply with the standards of the development code as amended, then that use, structure, lot, sign, or site feature shall be considered nonconforming and subject to the provisions of article V, division 4, Nonconformities.

(Ord. No. 02-363, § 2, 11-19-2024)

The purpose and authority to regulate the use of land shall be as follows:

(a)

Promote and provide for the health, safety, and welfare of the county;

(b)

Facilitate orderly growth and development of the county consistent with the goals, concepts, strategies, and policies of the comprehensive plan or amendments thereto;

(c)

Provide for harmonious development in the county; minimize congestion in the streets and public ways; secure safety from fire, panic, and other dangers; avoid undue concentration of population; and prevent the overcrowding of lands;

(d)

Facilitate adequate provision for streets, transportation, utilities, schools, parks, and other public requirements;

(e)

Conserve the value of buildings and land pursuant to NMSA 1978, § 3-21-5.B, and to encourage the most appropriate use of land throughout the county;

(f)

Divide the county into zone districts according to the use of land and structures and the intensity of such use and provide for the appropriate regulation of land use within those districts;

(g)

Guide the location and use of structures and land for commercial, industrial, public, and residential uses where they are, or can be made to be, compatible with neighboring land uses;

(h)

Preserve the natural beauty, vegetation, and topography, and prevent the pollution of air, water, and the general environment;

(i)

Ensure adequate drainage and availability of utility resources and facilities;

(j)

Control and abate the unsightly use of buildings or land;

(k)

Provide flexible regulations which encourage compatible, creative and efficient uses of land;

(l)

Provide for the administration and enforcement of this chapter; and

(m)

Provide service to applicants and property owners in understanding and working with the provisions and procedures of this chapter.

The scope and authority to regulate the subdivision of land shall be as follows:

(a)

The regulations governing the subdivision of land shall have been adopted by the county council following consideration of recommendations by the planning and zoning commission.

(b)

The planning and zoning commission shall be the official body to hear and act upon subdivision requests as set forth in this chapter.

(c)

The community development director shall be the official person to hear and act upon summary plat requests as set forth in this chapter.