Los Lunas City Zoning Code

A. Village Council.

1.

Authority and Duty. The village council is the zoning authority for the Village of Los Lunas and confers decisions on applications shown as council responsibilities in Table 17.14.020(1). In addition, the village council has delegated some of its broad planning and zoning authority to the planning and zoning commission, development review committee, and the community development department, as authorized by law, and the effect of those delegations is shown in this title.

i.

Appeals from any order, decision, requirement, or interpretation made by the planning and zoning commission shall be heard by the village council for a final decision.

B.

Planning and Zoning Commission.

1.

Authority and Duty. The planning and zoning commission shall have the authority to make recommendations to the village council concerning applications for designated use permits, zone map amendments, and other legislative policy decisions. The planning and zoning commission shall also have the authority to hear and make final decisions on the following:

i.

Appeals from any order, decision, requirement, or interpretation made by the community development director or the development review committee.

ii.

Applications for conditional use permits and variances.

iii.

Interpretations of the zoning map, including zoning district boundary lines.

2.

Appointments. The planning and zoning commission is a five-member board of village residents that is appointed by the mayor and affirmed for a two-year term by the village council. There is one at-large member and four district members, each representing an individual district, which follow the same boundaries as the village council districts.

i.

Members of the planning and zoning commission are compensated for their service.

ii.

If a vacancy occurs prior to the expiration of a commission member's term, it shall be filled within ninety days of its occurrence by appointment by the mayor, with affirmation by the village council, for the remainder of the unexpired term.

iii.

Any planning and zoning commission member who is absent for three consecutive meetings or five meetings during any calendar year may be removed by the council at any time after a public hearing. The mayor, with approval of the village council, may remove a member of the planning and zoning commission after a public hearing and for cause(s) stated in writing and made part of the public record.

iv.

At its first meeting of each year, the planning and zoning commission shall, by majority vote, elect one of its members to serve as chairperson and preside over the commission hearings and one member to serve as vice-chairperson during those times the chairperson is not present or declares a conflict of interest.

a.

The commissioners so designated shall serve in these capacities for a term of one year.

b.

The chairperson and vice-chairperson may take part in all deliberations and vote on all issues.

3.

Public Hearings. The planning and zoning commission shall hold a public hearing at least once a month in the village council chambers at Village Hall. The planning and zoning commission shall approve a public hearing schedule at the end of each calendar year for the following calendar year. Special meetings may be convened as needed.

i.

A quorum shall consist of three members.

ii.

All applications for approval or recommendation heard by the planning and zoning commission shall require a majority vote of the quorum present at the hearing.

iii.

Any member of the planning and zoning commission who has a personal interest or a conflict of interest in any application or issue presented to the planning and zoning commission for a recommendation or decision shall abstain from discussion and voting on such.

iv.

Each recommendation and decision by the planning and zoning commission shall be recorded by a written determination that contains findings of fact.

v.

Records of official actions shall be filed in the community development department and shall be a public record.

vi.

The community development department shall provide staffing support to the planning and zoning commission in the performance of its duties.

C.

Development Review Committee.

1.

Authority and Duty. The development review committee shall have the authority and duty to review and decide on administrative development requirements, make recommendations, suggest conditions, and any additional limitations and requirements further imposed by the planning and zoning commission and village council.

2.

Appointments. The development review committee comprises the directors and chiefs or their designees of key municipal departments, including community development, public works, parks and recreation, fire, and police departments.

i.

Directors and chiefs shall be appointed members of the development review committee by their position as department heads and serve as part of their departmental responsibilities; they are not compensated separately for their service.

a.

Directors and chiefs shall have the authority to designate a member of their staff as a member of the development review committee in their absence.

ii.

Outside agencies such as the New Mexico Department of Transportation, Mid-region Council of Governments, Middle Rio Grande Conservancy District, Los Lunas Schools, utility companies, and similar organizations may have input on projects but do not have planning, zoning, or development authority over private or village-owned property within village limits.

3.

Recommendations. The development review committee shall have the authority to make recommendations, suggest conditions, and any additional limitations and requirements contained in this title and as follows:

i.

Make recommendations and suggest conditions for quasi-judicial land use cases.

ii.

Make recommendations and suggest conditions for legislative cases.

4.

Administrative Decisions. The development review committee shall have the authority to decide on the requirements contained in this title administratively and as follows:

i.

Establish lot size, setbacks, building height, and other relevant development standards for special-use applications, which the planning and zoning commission and village council further impose.

ii.

Approve site plans with permissive zoning for multi-family, multi-use, commercial, and industrial developments.

iii.

Approve site plans and quantity of single mobile food trucks operating on commercial lots.

iv.

Approve site plans for mobile food truck courts.

v.

Decide off-street parking requirements as specified by Table 17.12.010(1).

vi.

Decide parking reductions as specified by Section 17.12.010(E).

5.

Meetings. The development review committee meetings shall be held twice a month to review, recommend, and decide on applications and issues within its authority.

i.

Members with a personal conflict of interest in any application shall abstain from discussions, recommendations, and decisions.

ii.

A written determination shall record each recommendation, condition, and/or decision of the development review committee.

iii.

Records of actions shall be filed in the community development department and shall be a public record.

iv.

Each meeting shall be open to the public.

D.

Community Development Department.

1.

Authority and Duty. The community development department shall have the authority and duty of interpreting, determining, administrating, and enforcing this title, including the inspection of premises and the issuing of permits. The community development director or their designee to whom these functions are assigned shall be employees of the community development department.

2.

Administrative Decisions. The community development director shall have the authority to approve site plan deviations of certain dimensional standards contained in this title and as follows:

i.

Deviations of ten percent or less, to lot size, lot width, building height, setbacks, landscape and screening, or off-street parking unless specifically specified within a separate section of this title.

ii.

Deviations to wall and fence height shall not exceed one foot.

3.

Authority to Inspect Premises. To enforce the provisions of this title, the community development director or their designee shall have the authority to enter buildings or premises for inspection purposes. If such building or premises is occupied, the inspector shall first present proper village credentials and request entry from the owner or occupant of the building or premises. Entry without consent is not permitted unless a twenty-four-hour notice of intent to enter has been served to the owner or occupant.

i.

If entry to the building or premises is refused, the village administrator or their designee shall obtain a search warrant for the inspection by filing a complaint to the municipal court. The complaint shall include:

a.

Identification of the building, premises, or portion thereof sought to be inspected.

b.

Statement that the owner or occupant of the building, premises, or portion thereof has refused entry.

c.

Statement that the inspection of the building, premises, or portion thereof is necessary to determine whether it complies with the regulations contained in this title.

d.

Identification of the provision(s) of the ordinance sought to be enforced.

e.

Identification of any other reason necessitating the inspection, including knowledge or belief that a condition exists in the building, premises, or portion thereof that constitutes a violation of this title.

f.

Statement that the community development department is authorized by this title to make such inspection.

ii.

Inspectors from the community development department shall be furnished with a village identification card which must be available and presented during the performance of the inspectors' duties.

(Ord. No. 481, 1-30-2025)

A. Procedures Summary. Table 17.14.020(1) below lists the types of development/permit applications authorized by this title. For each type of development/permit application, the table indicates which decision-making body reviews the application and whether it can be approved administratively or requires a public hearing or a quasi-judicial hearing.

Table 17.14.020(1): Summary of Development Review Procedures

Rev = Review   Rec = Recommendation   Dec = Decision

Review and Decision-Making Bodies

B.

Staff Consultation Prior to Application.

1.

An applicant shall schedule a pre-application meeting with the community development department prior to submitting any application. This requirement ensures the applicant or agent understands the requirements, provisions, fees, and procedures contained in this title.

i.

Should a submitted application substantially change from what was discussed during the pre-application meeting a new meeting shall be required.

ii.

Should ninety days or more elapse between a pre-application meeting and an application submittal, a new meeting may be required as determined by the community development director.

2.

At the pre-application meeting, the community development department may provide informal guidance and help the applicant analyze, plan, and ensure a proposed development's compliance with this title to identify and resolve potential issues early on with the intent to simplify and save on expenses and time. No fees shall be assessed to an applicant for a pre-application meeting.

C.

Burden of Applicant.

1.

The applicant bears the burden of scheduling a pre-application meeting with the community development department.

2.

The applicant bears the burden of submitting a complete application for the requested action to the community development department.

3.

The applicant bears the burden of presenting a sound justification for approving the requested action, based on substantial evidence.

4.

The applicant bears the burden of showing compliance with required standards and criteria for the requested action through written and technical analysis, maps, illustrations, photos, or other exhibits.

D.

Actions by Reviewing and Decision-Making Bodies.

1.

The applicable decision-making body shall take one of the following actions:

i.

Approve or recommend approval of the application as presented.

ii.

Approve or recommend approval of the application and impose conditions, as applicable.

iii.

Deny or recommend denial of the application.

iv.

Defer or continue the discussion of the application to a future hearing, as applicable.

E.

Administrative Applications.

1.

Short-term Rental Permit.

i.

All short-term rentals operating within the village require an annual permit, which must be submitted on or before December 31 each calendar year. Permits not renewed by December 31 shall expire. Renewals submitted after January 31 shall be subject to a late fee, per Section 17.14.060. Application fees shall not be prorated.

ii.

A valid permit number shall be included in all advertising for the short-term rental, including listings on web-based sites.

iii.

Permits shall specify the maximum number of vehicles and the maximum number of occupants.

iv.

Permits shall not be transferable to another person or property.

v.

An application for a short-term rental permit shall include the following:

a.

A complete application on the prescribed form, to include the name and phone number of the local owner/operator who is available twenty-four hours per day, seven days per week to respond to complaints regarding the operation or occupancy of the short-term rental unit.

b.

A statement signed by the owner/operator that the short-term rental shall be operated in compliance with Section 17.10.060(I) and all other applicable village codes.

c.

For initial applications, proof of all required inspections and proof of adequate short-term rental insurance coverage.

vi.

For renewal applications, a statement of compliance with all applicable fire, health, and safety requirements.

vii.

The community development director or their designee shall be authorized to approve short-term rental permits administratively.

viii.

Short-term rental permits shall not be valid until all applicable fees have been paid by the applicant in accordance with Section 17.14.060.

ix.

Short-term rentals shall require a business registration in addition to a short-term rental permit, which can be submitted and renewed concurrently.

x.

An owner of an expired short-term rental permit may submit a new application for a short-term rental permit to the community development department in accordance with Section 17.10.060(I).

2.

Sign Permit.

i.

If a sign requiring a permit under the provisions of Section 17.12.050 is to be placed, constructed, erected, or modified on a lot, the owner or authorized agent of the lot shall secure a sign permit prior to the placement, construction, erection, or modification of a sign in accordance with Section 17.12.050 requirements.

ii.

The following modifications to a legally installed sign shall be considered maintenance and shall not require a sign permit:

a.

Updating the phone number, street address, and other contact information of the sign owner or lessee in order to ensure that such information is current.

b.

Adding, changing, or removing content, such as letters, on a sign.

c.

Any and all maintenance as required in Section 17.12.050(K)(2) of this section.

iii.

No signs shall be erected in the public right-of-way, except in accordance with Sections 17.12.050(F) and 17.12.050(G)(5).

iv.

No sign permit of any kind shall be issued for an existing or proposed sign unless the sign is consistent with the requirements of Section 17.12.050 (including those protecting existing signs) and/or any other approvals in effect for the property.

v.

Placement of a sign in a public utility easement is subject to an approved encroachment agreement with the utility company providing for the installation, maintenance, and removal of the sign and shall be recorded with the Valencia County Clerk.

vi.

Sign Permit Application. Applicants requesting approval of a sign permit of any kind shall submit the request to the community development department on the prescribed form, and include a completed application form and the following information:

a.

Name, address, telephone number, and/or email address of the applicant and/or agent.

b.

Name of person, firm, corporation, or association installing the sign.

c.

Written consent of the owner of the building, structure, or lot to which or on which the sign is to be installed.

(1)

For applications in the right-of-way, in accordance with Section 17.12.050(F) and 17.12.050(G)(5), village approval of the application will suffice for consent.

d.

One copy of the sign plans and specifications, which shall be submitted in accordance with current permit acceptance procedures, and shall include:

(1)

A site plan displaying the location of the building, structure, or lot to which or upon which all signs are to be installed.

(i)

For applications in the right-of-way a site plan displaying the location(s) within the required distance buffer all signs are to be installed.

(ii)

For mobile billboard applications a route map is required.

(2)

Location and orientation of the sign or other advertising structure in relation to nearby buildings or structures.

(3)

Method of construction and attachment to the building or inground installation including compliance with Chapter 15.24 as applicable.

(4)

A plan set displaying the dimensions (height, depth, width) for each proposed sign and the dimensions of any face of a building or structure to which or upon the sign is to be installed.

e.

An approved development plan application and/or floodplain development permit, as applicable.

vii.

Sign Permit Fees. A sign permit shall not be deemed valid until such time that the applicable fees set forth by Section 17.14.060 have been paid by the applicant.

viii.

Sign Permit Application Completeness. The community development director or their designee shall review an application for a sign permit for completeness within ten business days of receiving the application. If the director or their designee finds that the application is incomplete, the director or their designee shall notify the applicant within five business days of the specific ways in which the application is deficient relative to specific provisions within Section 17.12.050.

ix.

Action on Sign Permit. The community development director or their designee, within ten business days of the submission of a complete application for a sign permit, shall either:

a.

Issue the sign permit, confirming the sign conforms in every respect with the requirements of Section 17.12.050; or

b.

Reject the sign permit, finding that the sign fails in some way or ways to conform to the requirements of Section 17.12.050. In case of a notice of rejection, the community development director or their designee shall specify the section or sections of Section 17.12.050 with which the sign is inconsistent.

x.

If the work authorized under an approved sign permit has not commenced or has not been completed within one hundred eighty days after the date of issuance, the sign permit shall become null and void.

3.

Site Plan Deviation.

i.

An application for a site plan deviation to a dimensional standard required by this title shall be submitted to the community development department for review and determination if the deviation is justified.

ii.

Deviations to a dimensional standard shall not exceed ten percent in aggregate. Requests to vary from a dimensional standard by more than ten percent in aggregate shall follow the variance procedures as outlined in Section 17.14.020(F)(3).

iii.

Deviations to a dimensional standard may only be authorized for minimum lot size, lot width, building height, setback, landscaping and screening, off-street parking spaces, and wall or fence height.

iv.

An application for a site plan deviation shall be approved if it meets all the following criteria:

a.

The proposed deviation maintains the general intent and purpose of this title, ensuring that the overall goals and objectives of the comprehensive plan are upheld.

b.

The approval of the request for deviation shall not cause adverse impacts on adjacent or surrounding properties.

v.

Any deviation granted that is associated with a site plan shall be noted on the approved site plan.

vi.

Site plan deviation application shall include:

a.

The name, address, telephone number, and/or email of the applicant and/or agent.

b.

Written consent of the property owner of which the site plan deviation shall apply.

c.

The legal description and UPC of the subject property.

d.

The specific provisions of Title 17 of which the applicant desires a site plan deviation.

e.

A site plan, drawn to scale, that illustrates the extent and effect of the deviation requested for the subject property.

f.

A written response to each criterion listed under Section 17.14.020(E)(3)(iv).

4.

Development Plan Application. Any property within the municipal limits of the village shall not be altered, including but not limited to substantial topographic modifications, installation of major infrastructure, the construction, erection, movement, placement, or significant alteration to buildings or other structures intended to be permanent, temporary, or otherwise except when in strict compliance with the following provisions or as provided in Section 17.14.020:

i.

A development plan application shall be submitted to the community development department for review and decision.

ii.

The following are exempt from the provisions of Section 17.14.020(E)(4):

a.

Buildings and other structures intended to be permanent or temporary that are one hundred twenty square feet or less shall comply with the provisions set forth in NMAC § 14.5.2 or as amended.

b.

Residential roof-mounted solar.

c.

Residential re-roofs where the building or structure is not expanded vertically or horizontally, and no structural modifications are made.

d.

Temporary buildings or structures such as recreational vehicles or similar, provided they are in strict compliance with the provisions of Section 17.10.070.

iii.

The community development director or their designee shall determine if a subdivision procedure, site plan deviation, conditional use permit, designated use permit, zone map amendment, or variance is required and, if so, notify the applicant that a request for such permit or application must be submitted. A permit or application must be approved prior to performing site modifications.

iv.

Residential development plan applications shall include one set of the following:

a.

A completed development plan application on the prescribed form.

b.

A completed New Mexico Construction Industries Division application on the prescribed form.

(1)

For manufactured and mobile homes, a complete New Mexico Manufactured Housing Division application on the prescribed form.

c.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

d.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Length and width of the property, measured in feet and rounded to the nearest foot.

(5)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(6)

Location of all proposed and existing structures on site including walls, retaining walls, and fences.

(7)

Length, width, and height of all proposed structures including walls, retaining walls, and fences measured in feet and inches.

(8)

Distance from each exterior side of the proposed structure to the closest parallel property line measured in feet and inches.

(9)

Distance from all other proposed and existing structures on site measured in feet and inches.

(10)

Location and measurements of front, side, and rear setbacks measured in feet and inches as applicable to the project proposal.

(11)

Location of proposed and existing access and/or curb cuts.

e.

Applications for manufactured and mobile homes shall include the following:

(1)

Tie-down or foundation plans.

(2)

A description of skirting, also known as underpinning.

(3)

A certification label, also known as a housing and urban development (HUD) tag, for manufactured homes.

f.

Applications for a new residential dwelling shall include an approved curb cut issued by the public works department.

g.

Properties located within a FEMA designated special flood hazard area (SFHA) shall include the following:

(1)

A completed floodplain development application.

(2)

Documents as required by the floodplain administrator and the provisions of Chapter 15.24.

h.

The community development director or their designee may determine that additional documents are necessary for a complete development review.

v.

Commercial and industrial development plan applications shall include one set of the following:

a.

A completed development plan application on the prescribed form.

b.

A completed New Mexico Construction Industries Division application on the prescribed form.

c.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

d.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Length and width of the property, measured in feet and rounded to the closest foot.

(5)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(6)

Location of all proposed and existing structures on site including walls, retaining walls, and fences.

(7)

Length, width, and height of all proposed structures including walls, retaining walls, and fences measured in feet and inches.

(8)

Distance from each exterior side of the proposed structure to the closest parallel property line measured in feet and inches.

(9)

Distance from all other proposed and existing structures on site measured in feet and inches.

(10)

Location and measurements of front, side, and rear setbacks measured in feet and inches as applicable to the project proposal.

(11)

Location of proposed and existing access and/or curb cuts.

(12)

Dumpster location.

(13)

Parking locations and calculations.

(14)

Drainage pond(s) location.

e.

Properties located within a FEMA designated special flood hazard area (SFHA) shall include the following:

(1)

A completed floodplain development application.

(2)

Documents as required by the floodplain administrator and the provisions of Chapter 15.24.

f.

Certified fire plans.

g.

Certified grading and drainage plans.

h.

Landscape plans.

i.

Parking plans.

j.

Lighting plans.

k.

Utility plans.

l.

Driveway/curb cut plans.

m.

The community development director or their designee may determine that additional documents are necessary for a complete development review.

vi.

Development Plan Application Approval.

a.

Residential.

(1)

Upon receiving an approved development plan application for a site-built or modular structure from the community development department, an application for a building permit and/or trade permit shall be submitted to the State of New Mexico Construction Industries Division. The village does not issue building and trade permits or conduct inspections of such permits.

(2)

Upon receiving an approved development plan application for a manufactured or mobile home from the community development department, an application for an installation application shall be submitted to the State of New Mexico Manufactured Housing Division. The village does not issue installation permits or conduct inspections of such permits.

b.

Commercial and Industrial.

(1)

Upon receiving an approved development plan application from the community development department, an application for a building and/or trade permit shall be submitted to the State of New Mexico Construction Industries Division. The village does not issue building and trade permits or conduct inspections of such permits.

vii.

Development Plan Application Longevity of Approval:

a.

Construction must commence within one hundred eighty days from the date of approval, or the development plan application shall be void. A new development plan application shall be submitted, reviewed, and approved prior to the commencement of construction.

b.

An approved development plan application shall be valid for the duration of construction from the date of approval unless the community development director concludes that the applicant has not proceeded with due diligence, in good faith, or conditions have changed so substantially as to warrant a new application.

c.

If a State of New Mexico Construction Industries Division building and/or trade permit has expired or been revoked at any time, the associated village development plan application shall be void. A new development plan application shall be submitted, reviewed, and approved prior to reinstatement of a building and/or trade permit.

d.

A development is considered abandoned if construction activity has ceased for a period of one hundred eighty days or more without a valid reason or without notifying the community development department. A new development plan application shall be submitted, reviewed, and approved prior to resuming construction. If construction is not resumed the development shall be subject to remediation and abatement as outlined in Section 17.14.050(F).

viii.

Inspections. Inspections by the community development department ensure compliance with zoning and associated development regulations within Title 17 and Chapter 15.24 throughout the construction process, from initial development plan application approval to final occupancy and are required for all residential, commercial, and industrial projects. It is the responsibility of the property owner or authorized agent to comply with the provisions as follows:

a.

Notifications. The property owner or authorized agent is responsible for and shall notify the community development director or their designee of key milestones.

(1)

Building, trade, or installation permit issued by the State of New Mexico.

(2)

Date and time of final inspections scheduled with the Village of Los Lunas Public Works Department.

(3)

Date and time of final inspections scheduled with the State of New Mexico.

(4)

Certificate of occupancy issued by the State of New Mexico and received by the property owner or authorized agent.

(5)

Date and time of warranty inspections if applicable.

b.

Inspection Schedule. The property owner or authorized agent is responsible for and shall schedule inspections with the community development director or their designee. Inspections shall be scheduled no less than five business days prior to the requested date; cancellations or rescheduling shall be requested no less than two business days prior to the scheduled inspection.

(1)

First Inspection. The property owner or authorized agent shall schedule a first inspection with the community development director or their designee after the State of New Mexico issues a building, trades, and/or installation permit and prior to the foundation phase or installation of a structure to ensure the site is prepped and demarcated to ensure accurate structure placement.

(2)

Second Inspection. The property owner or authorized agent shall schedule a second inspection with the community development director or their designee prior to scheduling a final inspection with the State of New Mexico. This is to ensure compliance with development regulations within Title 17 and Chapter 15.24 and allow time for corrective action should the community development inspector deem an action necessary prior to state inspections. Should the community development inspector deem no corrective actions necessary, no further community development inspections are required, and the property owner or authorized agent may schedule final inspections with the State of New Mexico.

(3)

Corrective Inspection. Should the community development inspector note a requirement for corrective actions during the second or previous corrective inspection, the property owner or authorized agent shall schedule a corrective inspection with the community development director or their designee to review and ensure compliance with Title 17 and Chapter 15.24. If the community development inspector deems no further corrective actions necessary, then no further community development inspections are required, and the property owner or authorized agent may schedule final inspections with the State of New Mexico.

5.

Recreational Cannabis Permit Application.

i.

Any cannabis use shall not operate within the municipal limits of the village except when in strict compliance with the following provisions or as provided in the following Sections:

a.

17.10.030(E) Cannabis Retail.

b.

17.10.050(C) Cannabis Manufacturing.

c.

17.10.050(B) Cannabis Cultivation/Production.

d.

17.10.050(D) Cannabis Consumption Area.

e.

17.10.060(D) Cannabis Research/Testing Laboratory.

ii.

A recreational cannabis permit application shall be submitted to the community development department for review and decision.

iii.

Exempt from the provisions of Section 17.14.020(E)(5) are the following:

a.

Homegrown/homemade cannabis use as defined by Section 17.10.060(C).

iv.

The community development director or their designee shall determine if a subdivision procedure, site plan deviation, conditional use permit, designated use permit, zone map amendment, or variance is required and, if so, notify the applicant that a request for such permit or application must be submitted. A permit or application must be approved prior to operating the cannabis use.

v.

The community development director or their designee shall determine if the density capacity for cannabis uses has been met and, if so, shall deny the application and notify the applicant of the reason for application denial.

a.

The community development department accepts recreational cannabis permit applications on a first come, first served basis only. The department shall not create or maintain a waiting list, nor shall it hold applications to circumvent this first come, first served basis.

vi.

Recreational cannabis permit applications shall include one set of the following:

a.

A completed recreational cannabis permit application on the prescribed form.

b.

A completed business registration application on the prescribed form.

c.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

d.

Approved and effective State of New Mexico Cannabis License for the proposed use type.

e.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Length and width of the property, measured in feet and rounded to the closest foot.

(5)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(6)

Location of all proposed and existing structures on site including walls, retaining walls, and fences.

(7)

Length, width, and height of all proposed structures including walls, retaining walls, and fences measured in feet and inches.

(8)

Distance from each exterior side of the proposed structure to the closest parallel property line measured in feet and inches.

(9)

Distance from all other proposed and existing structures on site measured in feet and inches.

(10)

Location and measurements of front, side, and rear setbacks measured in feet and inches as applicable to the project proposal.

(11)

Location of proposed and existing access and/or curb cuts.

(12)

Dumpster location.

(13)

Parking locations and calculations.

f.

Interior floor plan of the structure(s) associated with the cannabis use that includes the following:

(1)

Use of each area (e.g. retail, storeroom, drying area, growing area, etc.).

(2)

Camera locations.

(3)

Entrances and exits.

(4)

Windows.

g.

Approved Village of Los Lunas Fire Department inspection.

h.

The community development director or their designee may determine that additional documents are necessary for a complete development review.

vii.

Recreational cannabis permit application longevity of approval:

a.

All permits shall be valid for one year, commencing on July 1 and expiring on June 30 of the following year. The initial permit fees shall be prorated based on the issuance date. Permits issued on or before September 30 shall be subject to the full annual fee; permits issued between October 1 and December 31 shall be subject to three-fourths of the annual fee; permits issued between January 1 and March 31 shall be subject to one-half of the annual fee; permits issued between April 1 and June 30 shall be subject to one-fourth of the annual fee. All permit fees shall comply with the provisions outlined in Section 17.14.060 of this title.

b.

The approved cannabis use must commence within one hundred eighty days from the date of approval, or the recreational cannabis permit shall be void. A new recreational cannabis permit shall be submitted, reviewed, and approved prior to the commencement of a cannabis use, and shall be subject to density requirements.

c.

If the State of New Mexico Cannabis License expires and/or becomes void, the approved Village of Los Lunas Recreational Cannabis Permit shall become null and void. A new recreational cannabis permit shall be submitted, reviewed, and approved prior to resuming a cannabis use, and shall be subject to density requirements.

d.

A recreational cannabis permit is considered abandoned if the approved activity has ceased for a period of thirty days or more without a valid reason or without notifying the community development department. A new recreational cannabis permit shall be submitted, reviewed, and approved prior to resuming the cannabis use, and shall be subject to density requirements.

e.

Any changes and or additions to the approved recreational cannabis permit shall render the approved permit void. A new recreational cannabis permit shall be submitted, reviewed, and approved prior to commending the cannabis use, and shall be subject to density requirements.

F.

Quasi-judicial Applications.

1.

Conditional Use Permit. An application for a conditional use permit shall be submitted to the community development department for review and consideration by the planning and zoning commission.

i.

An application for a conditional use permit shall be approved if it meets all of the following criteria:

a.

The application is considered complete.

b.

The requested use is listed as a conditional use in the Allowable Use Table 17.08.020(1).

c.

The conditional use shall not cause a significant adverse impact on adjacent or nearby properties or materially endanger the public health, safety, or welfare.

d.

The conditional use shall not substantially injure the value or create adverse impacts on adjacent or nearby properties through a substantial increase in traffic congestion, parking congestion, or noise without adequate mitigation, as determined by the planning and zoning commission.

e.

The conditional use shall be in accordance with all relevant requirements of this title.

f.

The conditional use shall be in general conformance with the goals and policies within the comprehensive plan and/or other plans adopted by village council.

ii.

Conditional Use Permit Application. An application for a conditional use permit shall include the following information:

a.

A completed conditional use permit application on the prescribed form that shall include the following:

(1)

The name, address, telephone number, and/or email of the applicant and/or agent.

(2)

The legal description and UPC of the property for which the conditional use permit is requested by the applicant.

b.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

c.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(5)

Proposed and/or existing site access.

(6)

Location of all proposed and existing structures, walls/fencing, off-street parking areas, loading areas, drainage ponds, dumpster location, and landscape areas as applicable.

(7)

Existing and proposed easements within the subject property.

(8)

Existing and proposed utilities within and adjacent to the subject property.

(9)

Existing zoning and land use on the subject and adjacent properties.

d.

A written response to each criterion listed under Section 17.14.020(F)(1)(i).

iii.

Conditional Use Permit Procedures.

a.

An application for a conditional use permit shall be scheduled for review at a public hearing by the planning and zoning commission within thirty business days of receiving the application and payment of the applicable fees.

b.

Notice of hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

c.

The planning and zoning commission shall approve, approve with conditions, deny, or defer the conditional use permit application.

(1)

Whenever the Planning and Zoning Commission disapproves an application, the same or a similar application cannot be reconsidered within one year of the disapproval. However, the community development director may grant an exception if the applicant demonstrates that significant changes have occurred that affect the property.

d.

Longevity of Approval. An approved conditional use permit shall be valid for one year from the date of approval by the planning and zoning commission, and the project associated with the conditional use shall commence within the allotted time frame. Should the project not commence within the one-year time frame, the conditional use permit shall be deemed expired, and a new conditional use permit shall be required. However, if the conditional use permit is acted upon and developed as approved, it shall be valid in perpetuity until such a time that the conditional use is discontinued for a period of one year or more, a change in use, is removed, or modified so substantially as to warrant a new application.

2.

Designated Use Permit. An application for a designated use permit shall be submitted to the community development department for review and recommendation by the planning and zoning commission and final action by the village council.

i.

An application for a designated use permit shall be approved if it meets all of the following criteria:

a.

The application is considered complete.

b.

The requested use is listed as a designated use in the Allowable Use Table 17.08.020(1).

c.

The designated use shall not cause a significant adverse impact on adjacent or nearby properties or materially endanger the public health, safety, or welfare.

d.

The designated use shall not substantially injure the value or create adverse impacts on adjacent or nearby properties through a substantial increase in traffic congestion, parking congestion, or noise without adequate mitigation, as determined by the planning and zoning commission and the village council.

e.

The designated use shall be in accordance with all relevant requirements of this title.

f.

The designated use shall be in general conformance with the goals and policies within the comprehensive plan and/or other plans adopted by village council.

ii.

Designated Use Permit Application. An application for a designated use permit shall include the following information:

a.

A completed designated use permit application on the prescribed form and shall include the following:

(1)

The name address, telephone number, and/or email of the applicant and/or agent.

(2)

The legal description and UPC of the property for which the designated use permit is being requested by the applicant.

b.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

c.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(5)

Proposed and/or existing site access.

(6)

Location of all proposed and existing structures, off-street parking areas, loading areas, drainage ponds, dumpster location, and landscape areas as applicable.

(7)

Existing and proposed easements within the subject property.

(8)

Existing and proposed utilities within and adjacent to the subject property.

(9)

Existing zoning and land use on the subject and adjacent properties

d.

A written response to each criterion listed under Section 17.14.020(F)(2)(i).

iii.

Designated Use Permit Procedures.

a.

An application for a designated use permit shall be scheduled for review at a public hearing by the planning and zoning commission within thirty business days of receiving the application and payment of the applicable fees.

b.

Notice of hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

c.

The planning and zoning commission shall provide a recommendation to the village council whether to approve, approve with conditions, or deny the designated use permit application.

d.

The village council shall schedule a public hearing on the designated use permit application within thirty business days of the planning and zoning commission hearing.

e.

The village council shall consider the recommendation provided by the planning and zoning commission; however, the village council shall not be bound by the recommendation in determining whether to approve or deny the designated use permit application.

f.

The village council shall approve, approve with conditions, deny, or defer the designated use permit application.

(1)

Whenever the village council disapproves an application, the same or a similar application cannot be reconsidered within one year of the disapproval. However, the community development director may grant an exception if the applicant demonstrates that significant changes have occurred that affect the property.

g.

Longevity of Approval. An approved designated use permit shall be valid for one year from the date of approval by the village council, and the project associated with the designated use shall commence within the allotted time frame. Should the project not commence within the one-year time frame, the designated use permit shall be deemed expired, and a new designated use permit shall be required. However, if the designated use permit is acted upon and developed as approved, it shall be valid in perpetuity until such a time that the designated use is discontinued for a period of one year or more, a change in use, is removed, and/or modified so substantially as to warrant a new application.

3.

Variance. A variance application shall be authorized only for minimum lot size, lot width, building height, setback, landscape and screening, off-street parking, and off-street loading requirements. A land use shall not qualify for a variance and shall only be considered under the provisions of a zone map amendment or special use application. An application for a variance shall be submitted to the community development department for review and consideration by the planning and zoning commission.

i.

An application for a variance shall be approved if it meets all of the following stringent criteria:

a.

There are special circumstances or conditions applicable to the property that are not self-imposed and do not generally apply to other properties in the same zone district, including but not limited to size, shape, topography, location, surroundings, natural forces, or by government actions for which no compensation was paid.

b.

Strict compliance with the provisions of this title would deprive the applicant of development rights commonly enjoyed by other properties in the same zone district, causing extraordinary hardship resulting in a substantial limitation on the use of the property or practical difficulties.

c.

The variance is the minimum necessary to overcome the extraordinary hardship and provide reasonable use of the property.

d.

Financial gain or loss to the applicant shall not be the determining factor in the decision whether to approve or deny a variance.

e.

The variance shall not cause a significant adverse impact on adjacent or nearby properties or materially endanger the public health, safety, or welfare.

f.

The variance shall not undermine the intent or purpose of this title or the zone district in which the property is located.

g.

The variance shall not result in the expansion of a nonconforming use or structure, and no nonconforming use of adjacent or surrounding properties or structures shall be considered grounds for granting a variance.

ii.

Variance Application. An application for a variance shall include the following information:

a.

A completed variance application on the prescribed form and shall include the following:

(1)

The name, address, telephone number, and/or email of the applicant and/or agent.

(2)

The legal description and UPC of the property for which the variance is being requested by the applicant.

b.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

c.

The specific provisions of Title 17 of which the applicant desires a variance.

d.

The nature of the hardship and the extent to which the applicant believes the property meets the acceptable grounds for a variance.

e.

A site plan that shall be drawn to scale that illustrates the extent and effect of the variance requested for the subject property and includes the following:

(1)

Site address, UPC, and legal description as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(5)

Location of proposed and/or existing site access.

(6)

Location of all proposed and existing structures, off-street parking areas, loading areas, drainage ponds, dumpster location, and landscape areas as applicable.

(7)

Location and measurements of front, side, and rear setbacks measured in feet and inches as applicable to the project proposal.

(8)

Existing and proposed easements within the subject property.

(9)

Existing and proposed utilities within and adjacent to the subject property.

(10)

Existing zoning and land use on the subject and adjacent properties.

f.

A written response to each criterion listed under Section 17.14.020(F)(3)(i).

iii.

Variance Procedures.

a.

An application for a variance shall be scheduled for review at a public hearing by the planning and zoning commission within thirty business days of receiving the application and payment of the applicable fees.

b.

Notice of hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

c.

The planning and zoning commission shall approve, approve with conditions, deny, or defer the variance application.

(1)

Whenever the planning and zoning commission disapproves an application, the same or a similar application cannot be reconsidered within one year of the disapproval. However, the community development director may grant an exception if the applicant demonstrates that significant changes have occurred that affect the property.

d.

An application for a variance shall not be approved until any necessary conditional use permit, designated use permit, or zone map amendment has been approved by the applicable approval body.

e.

Any variances granted by the planning and zoning commission that are associated with a site plan shall be noted on the site plan and/or development plan application and filed with the community development department.

f.

Any variances granted by the planning and zoning commission shall be recorded with the Valencia County Clerk.

g.

Longevity of Approval. An approved variance shall have longevity of one year from the date of approval by the planning and zoning commission to commence with the variance. If the project associated with the variance has not commenced within one year from the approval date, the variance shall be deemed expired, and approval of a new variance shall be required. An approved variance shall not be modified or expanded upon, or the variance shall be deemed void. A new variance shall be required for any modifications or expansions to a previously approved variance. However, if the variance is acted upon and developed as approved, it shall be valid in perpetuity until such a time that the variance is discontinued for a period of one year or more, a change in use, is removed, and/or modified so substantially as to warrant a new application.

4.

Zone Map Amendment. An application for a zone map amendment shall be submitted to the community development department for review and recommendation by the planning and zoning commission and final action by the village council. These procedures shall also apply to an application for a special use. However, in cases where an existing special use has a proposed change in land use, a project to add, remove, alter, or expand any structures or site infrastructure such as parking, drive isles, ponding, and similar a new application shall be submitted to the community development department.

i.

An application for a zone map amendment shall be approved if it meets all of the following criteria:

a.

The application is considered complete.

b.

The property meets the minimum lot size of the requested zone district.

(1)

If the premises consists of multiple lots, they shall be combined though a subdivision procedure to meet, a least, the minimum standard.

c.

The zone map amendment shall not cause a significant adverse impact on adjacent or nearby properties or materially endanger the public health, safety, or welfare.

d.

The zone map amendment shall be in general conformance with the goals and policies within the comprehensive plan and/or other plans adopted by village council.

e.

The existing zone district is inappropriate because:

(1)

There was a mapping error when the existing zoning district was applied to the subject property; or

(2)

There has been a significant change in neighborhood or community conditions relevant to the subject property; or

(3)

A different zone district is more beneficial to the village social, economic, or environmental interests than the existing zoning district; or

(4)

The zone district boundary divides a lot into two or more zoning districts thereby making development of the subject property difficult.

f.

The permissive or conditional uses allowed in the requested zone shall not be harmful to adjacent or nearby properties unless the applicable supplementary standards for specific uses or conditions imposed by the planning and zoning commission or village council adequately mitigates those impacts.

g.

Financial gain or loss to the applicant shall not be the determining factor in the decision whether to approve a zone map amendment.

h.

The existing infrastructure adjacent to or in close proximity to the subject property has adequate capacity to serve a proposed development made possible by the zone map amendment or will have adequate capacity once the applicant fulfills their infrastructure obligations per the development process manual.

i.

The zone map amendment does not create a spot zone unless the proposed zone clearly facilitates the goals and policies of the comprehensive plan and/or other plans adopted by village council and meets one of the following criteria:

(1)

The subject property can function as a transition between zone districts; or

(2)

The subject property is not suitable for the uses allowed in the existing zone district due to physical constraints, such as topography, traffic, access, or existing land uses adjacent to the subject property.

ii.

Zone Map Amendment Application. An application for a zone map amendment shall include the following information:

a.

A completed zone map amendment application on the prescribed form that shall include the following:

(1)

The name, address, telephone number, and/or email of the applicant and/or agent.

(2)

The legal description and UPC of the property for which the zone map amendment is being requested by the applicant.

b.

Proof of ownership such as a warranty deed, tax card, or similar.

(1)

In the event the applicant is not the property owner, a document from the property owner acknowledging the application shall be included.

c.

A written response to each criterion listed under Section 17.14.020(F)(4)(i).

d.

Description and exhibit of the proposed use.

e.

A site plan that shall be drawn to scale and includes the following:

(1)

Site address, UPC, and legal descriptions as applicable.

(2)

Scale (numeric and graphic).

(3)

North arrow.

(4)

Length and width of the property, measured in feet and rounded to the closest foot.

(5)

Public right-of-way adjacent to and within one hundred fifty feet of the site.

(6)

Location of proposed and/or existing site access.

(7)

Location of all proposed and existing structures on site including walls, retaining walls, and fences.

(8)

Length, width, and height of all proposed structures including walls, retaining walls, and fences measured in feet and inches.

(9)

Distance from each exterior side of the proposed structures to the closest parallel property line measured in feet and inches.

(10)

Distance from all other proposed and existing structures on site measured in feet and inches.

(11)

Location and measurements of front, side, and rear setbacks measured in feet and inches as applicable to the project proposal.

(12)

Location of proposed and existing access and/or curb cuts.

(13)

Dumpster location.

(14)

Parking locations and calculations.

(15)

Drainage pond(s) location.

iii.

Zone Map Amendment Procedures.

a.

An application for a zone map amendment shall be scheduled for review at a public hearing by the planning and zoning commission within thirty business days of receiving the application and payment of the applicable fees.

b.

Notice of hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

c.

The planning and zoning commission shall provide a recommendation to the village council whether to approve, approve with conditions, or deny the zone map amendment application.

d.

The village council shall schedule a public hearing on the zone map amendment application within thirty business days of the planning and zoning commission hearing.

e.

The village council shall consider the recommendation provided by the planning and zoning commission; however, the village council shall not be bound by the recommendation in determining whether to approve or deny the zone map amendment application.

f.

The village council shall approve, approve with conditions, deny, or defer the zone map amendment application.

(1)

Whenever the village council approves an application, the approved zone amendment shall take effect five days after approval has been published in a newspaper of general circulation. However, a publication request shall not be placed until all conditions of the approval have been met.

(2)

Whenever the village council disapproves an application, the same or a similar application cannot be reconsidered within one year of the disapproval. However, the community development director may grant an exception if the applicant demonstrates that significant changes have occurred that affect the property.

G.

Quasi-judicial Hearings/Due Process.

1.

Quasi-judicial hearings held by the planning and zoning commission and the village council are intended for discretionary decisions that result in changes to property rights or entitlements on a specific property or affecting a small area of the village.

2.

The applicant or agent shall make an appearance of record in a quasi-judicial hearing by being present at such hearing to provide testimony, answer questions, and participate in discussions.

3.

All testimony at a quasi-judicial hearing given by village staff, the applicant and/or agent, and members of the public shall be conducted under oath.

i.

Members of the public providing testimony and/or evidence shall provide their full name and physical address.

4.

All parties to the application shall be given an opportunity to present evidence and to question witnesses on relevant issues.

5.

The decision-making body may impose reasonable limitations on the number of witnesses heard and the nature and length of their testimony.

6.

The hearing body may decide to continue the hearing to a future hearing, provided a hearing date is stated, and may keep the hearing open to take additional information up to the point a final decision has been made by the hearing body. No further notice of a continued hearing need be published, except if a period of six weeks or more elapses between hearing dates.

7.

A full record of the quasi-judicial hearing shall be created through recording or transcription, which shall be approved by the decision making body at the next scheduled meeting that is in session.

i.

The complete record of the quasi-judicial hearing, once approved, shall be made available to the applicant, parties to the application, and interested members of the public.

8.

Prior to hearing the application, making a decision, or during an appeal of a decision, the decision-making body shall refrain from:

i.

Communicating, directly or indirectly, with any party or party representative in connection with the merits of any application, other than village staff or the village attorney.

ii.

Using or relying on any communication, reports, or other materials prepared in connection with the application outside of the village planning agenda packet or those made a part of the case record during the quasi-judicial hearing.

9.

Inspecting any property applicable to the application individually or with any party or their representative outside of the quasi-judicial hearing.

10.

The hearing body shall make findings based exclusively on the record of the application, conformity with this title and any other approved village plan or document, and supplemented by any evidence allowed to be introduced at the hearing.

H.

Legislative Policy Applications.

1.

Text Amendment. An application for a text amendment to this title, the comprehensive plan, or another plan adopted by village council shall be submitted to the community development department for review and recommendation by planning and zoning commission and final action by the village council.

i.

An application for a text amendment to this title or comprehensive plan shall be approved if it meets all the following criteria:

a.

The application is considered complete.

b.

Changed economic, social, environmental, or other conditions necessitate the text amendment.

c.

The text amendment will protect the public health, safety, or welfare better than the existing ordinance, comprehensive plan, or other plan adopted by village council.

d.

The text amendment will be beneficial to a large portion of the residents or property owners in the village.

e.

The text amendment is consistent with the spirit and intent of the comprehensive plan.

ii.

Text Amendment Application. An application for a text amendment shall include the following information:

a.

The name, address, telephone number, and/or email of the applicant and/or agent.

b.

An exhibit of all properties to be affected by the text amendment.

c.

A written response to each criterion listed under Section 17.14.020(H)(1)(i).

iii.

Text Amendment Procedures.

a.

An application for a text amendment shall be scheduled for review at a public hearing by the planning and zoning commission within thirty business days of receiving the application and payment of the applicable fees.

b.

Notice of public hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

c.

The planning and zoning commission shall provide a recommendation to the village council whether to approve, approve with conditions, or deny the text amendment application.

d.

The village council shall schedule a public hearing on the text amendment application within thirty business days of the planning and zoning commission hearing.

e.

The village council shall consider the recommendation provided by the planning and zoning commission; however, the village council shall not be bound by the recommendation in determining whether to approve or deny the text amendment application.

f.

The village council shall approve, approve with conditions, deny, or defer the text amendment application.

(1)

Whenever the village council disapproves an application, the same of similar application cannot be reconsidered within one year of the disapproval. However, the community development director may grant an exception if the applicant demonstrates that significant changes have occurred that affect the community.

I.

Notice of Hearing.

1.

The community development department shall provide notice of any required hearing as follows:

i.

A written notice shall be mailed or emailed to the applicant or appellant a minimum of fifteen calendar days before the hearing.

ii.

Public notice shall be published a minimum of fifteen calendar days before the hearing in a newspaper of general circulation in the area.

iii.

Owners of property within two hundred feet of the subject property line of the application or appeal, excluding public right-of-way, shall be notified in writing by certified mail, or first-class mail if the application is larger than one block in area. The excluded right-of-way distance shall be added to the notice buffer opposite the subject property to ensure effective notice.

iv.

Public notice shall be provided by prominently posting signs along each the street frontage of the subject property. Such signs shall be issued by the community development department and posted a minimum of seven calendar days prior to the hearing.

v.

The required notices shall state the date, time, and place of the hearing, general location of the subject property, and a brief description of the proposed action.

J.

Permit Required.

1.

The community development director or their designee shall determine if a land use action is required prior to the acceptance of a development plan application. If so, they will notify the applicant that such an application must be requested and approved prior to any building, structure, mobile, or manufactured home being used, occupied, substantially changed, constructed, erected, moved, or altered upon any premises. If no additional permits are required, the community development director or their designee may approve the development plan application and associated plans within fifteen business days of their receipt. Commercial, industrial, or larger residential projects typically require a longer review and are subject to their own approval timeline.

2.

No property, building, structure, nor mobile or manufactured home shall be used, occupied, substantially changed, constructed, erected, moved, or altered upon any premises except in accordance with and pursuant to the following, as applicable:

i.

A development plan application.

a.

A State of New Mexico Construction Industries Division Building/Trades Permit.

b.

A State of New Mexico Manufactured Housing Division Installation Permit.

ii.

A conditional use permit.

iii.

A designated use permit.

iv.

A special use permit.

v.

A sign permit.

vi.

A short-term rental permit.

vii.

Temporary dwelling permit.

3.

Permits as described in Section 17.14.020(E) are approved and issued only after a complete review of the submitted application, confirming that the development will comply with the provisions of this title and other applicable approved village plans and documents if completed as proposed.

4.

Upon approval of a development plan application, the applicant shall apply for a building/trades or installation permit to the State of New Mexico, as applicable. The community development department does not issue building/trades or installation permits. Refer to Section 17.14.020(E)(4) for development plan application requirements.

5.

Issuance of such village and State of New Mexico permits authorizes the applicant to commence the approved activity or to make necessary improvements to a subdivision. Additionally, a copy of a permit issued by the State of New Mexico shall be furnished upon request by the community development department.

6.

Physical improvements to land, the intended use shall not begin, no building may be occupied, and no lots may be sold until all the requirements of this title and the provisions of Title 16 have been met.

K.

Permit Revocation.

1.

Any permit may be revoked by the village council if the applicant fails to develop or maintain the property in accordance with the approved application, the requirements of this title, or any additional requirements lawfully imposed by the planning and zoning commission or the village council.

(Ord. No. 481, 1-30-2025)

A. Filing an Appeal.

1.

Any order, decision, requirement, or interpretation made by the community development director, or the development review committee may be appealed by the interested party within fifteen business days after the decision.

i.

Appeals shall be filed with the community development department and heard by the planning and zoning commission for a decision.

ii.

The appeal shall state the section of this title, requirement, or interpretation applied to a decision that the appellant believes has not been decided or interpreted correctly.

2.

Any decisions made by the planning and zoning commission may be appealed by the interested party within fifteen business days after the decision.

i.

Appeals shall be filed with the community development department and heard by the village council for a decision.

ii.

The appeal shall state the section of this title, requirement, or interpretation applied to a decision that the appellant believes has not been interpreted correctly.

3.

Any appeals of decisions by the village council shall be filed at district court within thirty business days of the council's final action by the interested party and shall follow the district court's required procedures. The appellant shall provide a notice of intent to the community development department within ten business days of the council's final action.

i.

The notice of intent shall state the section of this title, requirement, or interpretation applied to a decision that the appellant believes has not been decided or interpreted correctly.

B.

Appeal Hearings.

1.

Once the appeal has been received by the community development department, the department shall prepare and transmit a complete record of the case and the decision made to the applicable hearing body.

2.

The planning and zoning commission or village council shall schedule an appeal hearing within thirty business days of receiving the appeal.

3.

Notice of hearing shall be mailed, published, and posted in accordance with Section 17.14.020(I).

4.

The appeal hearing shall be open to all persons with an interest in the outcome of the appeal and the general public. Parties having an interest in the outcome of the appeal are defined as those parties entitled to mailed notice of the original application per Section 17.14.020(I)(1)(iii).

5.

The hearing body may place reasonable limitations on the presentation of evidence and arguments so that the appeal may be heard and decided upon without undue delay.

6.

The hearing body may decide to continue the appeal hearing to a future hearing and may keep the hearing open to take additional information up to the point a final decision has been made by the hearing body. No further notice of a continued hearing need be published, except if a period of six weeks or more elapses between hearing dates.

7.

The hearing body shall make findings based exclusively on the record of the appealed decision and supplemented by any evidence allowed to be introduced at the appeal hearing.

8.

The hearing body shall affirm, reverse, or modify the decision to deny or approve the application. Modifications may be required to bring the application into compliance with this title, except appeals heard by the village council may be remanded to the planning and zoning commission and shall set forth the matters in part or in whole to be reconsidered.

(Ord. No. 481, 1-30-2025)

A. Purpose. The purpose of Section 17.14.040 is to regulate land uses, buildings, lots, signs, and site features that were legally established under previous versions of the municipal zoning ordinance, but do not conform to the current requirements of this title. These regulations are intended to reduce or eliminate over time any nonconformity that creates adverse impacts on adjacent or surrounding properties.

B.

Applicability.

1.

The regulations in Section 17.14.040 apply to land uses, structures, buildings, lots, signs, and site features, including:

i.

Those that were legally established prior to the effective date of this title but became nonconforming due to the adoption of this title.

ii.

Those that were legally established after the effective date of this title but became nonconforming at the time of future adoption of an amendment to this title.

C.

Nonconforming Use.

1.

A nonconforming use that was otherwise legally established under previous versions of this title may be continued as follows:

i.

A nonconforming use shall be allowed to continue regardless of any change in ownership or occupancy of that use, unless the use is discontinued for a period of one year, in which case the nonconforming use shall not be allowed to continue.

ii.

When determining whether a right to continue a nonconforming use is allowed, all of the structures, buildings, activities, and operations maintained on a lot shall be considered as a whole.

iii.

A legal nonconforming use shall be issued a certificate of nonconformance as determined by the community development director or their designee.

D.

Nonconforming Lot.

1.

Where a nonconforming lot can be used in conformity with the regulations contained in this title that are applicable to the intended use, except that the lot size does not meet the required minimum lot size, the nonconforming lot may be used as if it were conforming.

2.

If an undeveloped nonconforming lot relative to minimum lot size adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest shall take advantage of the provisions of Section 17.14.040(D)(1).

3.

Adjoining nonconforming lots under the same ownership, shall be combined with other undeveloped lots to create conforming lots that meet the minimum lot size of the zoning district in which the subject property is designated, where feasible.

E.

Nonconforming Structure.

1.

A nonconforming building or structure that was otherwise legally constructed under previous versions of the ordinance may continue to be used:

i.

Regardless of any change in ownership or occupancy of that building or structure, unless the building or structure is vacant or remains unused for a period of one year, in which case the use of the nonconforming building or structure shall not be reestablished.

ii.

A nonconforming building or structure may be maintained, repaired, or altered, but shall be in accordance with the following:

a.

A building or structure containing a nonconformity may be maintained, repaired, or altered, but shall not be expanded in such a way that creates new nonconformities.

b.

A building or structure that does not conform to maximum height regulations in the applicable zoning district shall not be modified in such a way that expands the building height nonconformity.

c.

A building or structure that does not conform to the minimum setback regulations in the applicable zoning district shall not be modified in such a way that expands the setback nonconformity.

d.

Where the nonconformity involves a mobile home, the nonconformity shall be extended to the life of that particular mobile home, but it shall not be reestablished.

2.

A nonconforming fence, wall, or site feature may remain for the life of the structure, except where such fence, wall, or site feature has become dilapidated, a hazard, or does not meet the clear sight triangle and distance requirements.

F.

Nonconforming Sign.

1.

Except as provided by Section 17.12.050, signs lawfully established before the effective date of this title may continue to be displayed without modifications to their dimensions, appearance, or location, notwithstanding the effect of any more restrictive regulation. "Modification" shall not include maintenance as defined in Section 17.12.050(K)(2).

2.

The following signs shall be subject to the regulations contained within Section 17.12.050 and come into compliance when:

i.

Any nonconforming sign was established without complying with the signage regulations in effect at the time the sign was established.

ii.

Any nonconforming sign that has been discontinued or abandoned for a period of at least ninety days, or which has been destroyed or damaged to an extent greater than fifty percent of its in-place replacement cost.

iii.

Any nonconforming sign that is a part of a remodel or expansion that requires such sign to be removed and/or relocated.

iv.

Any temporary sign that is removed or past its allowable display period.

v.

Any sign that is unsafe or that is a hazard to the public.

G.

Repair, Maintenance, Renovation, and Replacement.

1.

Minor repairs to and routine maintenance of nonconforming buildings or structures are permitted and encouraged.

2.

Major Renovations or Repairs.

i.

Major renovations or repairs of nonconforming buildings, structures, or site features estimated to cost forty-nine percent or less of the appraised market value of the building, structure, or site feature, as determined by a private third-party appraiser, may only proceed following the issuance of an approved development plan application, construction initiated within one hundred eighty days of approval, and is diligently continued until completion. Such renovations or repairs may restore the building, structure, or site feature to the condition in which it existed prior to the situation necessitating the renovation or repair provided the provisions of Section 14.40.040(E)(1)(ii) are met.

ii.

Major renovations or repairs of nonconforming buildings, structures, or site features estimated to cost fifty percent or more of the appraised market value of the building, structure, or site feature, as determined by a private third-party appraiser, may only proceed if the renovation or repair is intended to bring the building, structure, or site feature into conformity following the issuance of an approved development plan application, construction initiated within one hundred eighty days of approval, and is diligently continued until completion.

a.

If the estimated cost of major renovations or repairs exceeds fifty percent of the appraised market value, the building, structure, or site feature may be renovated or repaired, provided that prior approval is obtained from the village council. A request to wave the fifty percent threshold shall follow the requirements established by the appeals process.

3.

Replacement.

i.

Replacement of nonconforming buildings, structures, or site features that are damaged through natural or other causes estimated to cost forty-nine percent or less of the appraised market value of the building, structure, or site feature, as determined by a private third-party appraiser, may only proceed following the issuance of an approved development plan application, construction initiated within one hundred eighty days of approval, and is diligently continued until completion. Such replacement may restore the building, structure, or site feature to the condition in which it existed prior to the situation necessitating the renovation or repair provided the provisions of Section 14.40.040(E)(1)(ii) are met.

ii.

Replacement of nonconforming buildings, structures, or site features that are damaged through natural or other causes estimated to cost fifty percent or more of the appraised market value of the building, structure, or site feature, as determined by a private third-party appraiser, may only proceed if the replacement is intended to bring the building, structure, or site feature into conformity following the issuance of an approved development plan application, construction initiated within one hundred eighty days of approval, and is diligently continued until completion.

a.

If the estimated cost or replacement exceeds fifty percent of the appraised market value, the building, structure, or site feature may be replaced to its original state and as it existed prior to damage, provided that prior approval is obtained from the village council. A request to wave the fifty percent threshold shall follow the requirements established by the appeals process.

(Ord. No. 481, 1-30-2025)

A. Purpose. Section 17.14.050 defines what constitutes a violation of this title, how the standards and requirements of this title will be enforced, and what penalties the village may impose for different types of violations.

B.

General Violations.

1.

The following activities and actions constitute a violation and are subject to the enforcement and penalty provisions of this title:

i.

A building, structure, or sign erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of this title.

ii.

Any building, structure, sign, or land used in violation of this title.

iii.

Providing false or misleading information in an application for any permit or approval granted by the village.

iv.

Failure to comply with the terms or conditions attached to any permit or approval granted by the village.

2.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is in violation with the requirements of this title may be held responsible for the violation and be subject to the penalties and remedies provided in Section 17.14.050.

C.

Enforcement Authority and Procedures.

1.

The community development director or their designee has the authority and duty to enforce the provisions of this title pursuant to Section 17.14.010(D).

2.

A permit, registration, or plan approval issued in conflict with the provisions of this title is void.

3.

The village may use any enforcement powers allowed by the State of New Mexico, in any order. The choice of one method of enforcement does not preclude the village from pursuing other methods if the violation has not been remedied.

4.

Whenever the community development director or their designee receives a written or verbal complaint alleging a violation of this title, they shall investigate the complaint, take whatever action is warranted per the remedies provided in Section 17.14.050, and inform the complainant regarding actions that have been or will be taken, provided the complainant provides their name, telephone number and/or email.

5.

If the community development director or their designee finds that any provision of this title has been or is currently being violated, they shall first attempt to initiate an in-person contact to indicate the nature of the violation and issue any necessary corrective action. However, if in-person contact is unobtainable, a written notice shall be sent to the person(s) responsible for such violation, indicating the nature of the violation and ordering the necessary corrective action. Additional written notices may be sent at the community development director's discretion.

i.

The final written notice shall state what action the community development director or their designee intends to take if the violation is not corrected and shall advise the person(s) who is responsible for the violation that the decision or order may be appealed to the planning and zoning commission.

ii.

In cases when a delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the community development director may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 17.14.050.

6.

The village may enforce this title through any of the following powers:

i.

Institute legal proceedings to prevent the unlawful action.

ii.

Deny, delay, or withhold permits and approvals.

iii.

Revoke permits, registrations, and approvals after giving the property owner or applicant notice of intent to revoke the permit, registration, or approval.

iv.

Issue a stop work order requiring that all work on a property, structure, or operation of a use that is in violation of this title cease, or if a violation is suspected but not known, until the existence or absence of the violation can be confirmed.

v.

Order the removal or remove any building, structure, sign or violating portion of a buildings, structure, or sign that is erected or maintained in violation of the provisions this title.

D.

Sign Violations and Enforcement.

1.

If any permanent or temporary sign becomes a nuisance as defined in Section 17.12.050 or Section 17.14.050(D), such signs may be subject to removal, relocation, or other actions to eliminate the nuisance, either by the owner of the temporary sign or by the village.

2.

Any of the following actions shall be a violation of Section 17.12.050 and shall be subject to the enforcement remedies provided in this section:

i.

To install, create, erect, or maintain any sign in a way that is inconsistent with any approved plan or permit governing the sign or the lot on which the sign is located.

ii.

To install, create, erect, or maintain any sign requiring a permit without obtaining a sign permit.

iii.

To fail to remove any sign that is installed, created, erected, or maintained in violation of Section 17.12.050, or for which the sign approval or permit has lapsed.

iv.

Each day of a continued violation of Section 17.12.050 shall be considered a separate violation when applying the penalty portions of this title.

3.

Removal of unused signs or support structures is required if a sign or sign support structure meets any of the following conditions:

i.

Vacant and/or unused sign support structures, angle irons, sign poles, or other remnants of old signs that are not currently in use or proposed for reuse.

ii.

Obsolete or abandoned signs that no longer advertise a currently existing business or product sold.

iii.

Any sign or sign structure that has become so dilapidated as to be untellable or a menace to public safety and welfare.

4.

Signs found to be in violation of Section 17.12.050 shall be subject to the following enforcement procedures:

i.

The property owner shall receive a written notice outlining a compliance deadline of ten business days. Failure to remedy the violation or comply with the provisions of Section 17.12.050 within ten business days shall constitute a misdemeanor.

ii.

Conviction of such misdemeanor shall result in a fine of not less than fifty dollars or more than five hundred dollars.

iii.

Should the property owner fail to remedy the violation(s) within the ten-day compliance period, the community development director or their designee is authorized to enter the property. Prior to entry, the property owner shall be provided with a twenty-four-hour notice of entry. The community development director or their designee shall then remove such sign(s), and all expenses associated with the removal shall be paid by the owner of the property, building, or structure to which the sign(s) is attached. A lien for the removal costs shall be assessed against the subject property, with foreclosed conducted in accordance with NMSA 1978 § 3-36-1 through § 3-36-6.

iv.

Should the violation require additional remedies, the following may apply:

a.

Issuing a stop-work order for all work on any signs on the same lot.

b.

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or correction of the non-conformity.

v.

The village shall not be responsible for damages to the property, building, structure, or confiscated signs.

5.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense and suffer the penalties provided under Section 17.14.050.

E.

Short-term Rental Violations and Enforcement.

1.

Violations of Section 17.10.060(I) and Section 17.14.020(E)(1) shall include:

i.

Operating a dwelling unit as a short-term rental without a permit.

ii.

Knowingly assisting an owner of property in advertising or renting a dwelling unit as a short-term rental, when said property does not have a permit.

iii.

Failure to pay all applicable fees and taxes associated with the short-term rental, including lodgers' tax.

iv.

Three or more violations of village ordinances by the owner/operator or renter relating to or occurring at a dwelling unit operating as a short-term rental resulting in the issuance of a citation from the village to the owner/operator or a renter within a period of three years.

v.

Two or more violations of village ordinances by the owner/operator or renter relating to or occurring at a dwelling unit operating as a short-term rental resulting in convictions of the owner/operator or renter in Los Lunas Municipal Court within a period of one year.

vi.

Any conduct by a renter of a dwelling unit operating as a short-term rental that results in citation for noise violations, disorderly conduct, or any criminal complaint during the rental period.

vii.

Outstanding nuisance, zoning, building, or fire code violations relating to a dwelling unit operating as a short-term rental.

viii.

An owner/operator refusing to permit the community development department to conduct random inspections of a short-term rental in accordance with procedures set forth in Section 17.10.060(I).

2.

Except as provided in Section 17.10.060(I), the village shall give the owner/operator of a short-term rental a written notice of the violation, which shall be mailed either to the owner's local, business, or agent's address, informing the owner of the violation.

i.

Renters who violate any village ordinance may also subject the owner/operator to enforcement action by the village.

ii.

The owner/operator shall correct the violation within fifteen business days or shall receive a citation to Los Lunas Municipal Court, except violations that endanger public health, safety, and welfare of residents or violations of Title 8 and Title 9 shall not require a fifteen-day compliance period and may result in the immediate issuance of a citation to the owner/operator.

iii.

An owner/operator who is convicted of a violation of this title or other applicable ordinances relating to or occurring at a dwelling unit operating as a short-term rental, or whose renter is convicted of a violation of this title or other applicable ordinances relating to or occurring at a dwelling unit operating as a short-term rental, shall be subject to penalties as described below:

a.

Upon conviction of a first violation, the village shall revoke the short-term rental permit for a period of one year and operation of the short-term rental shall cease within thirty calendar days.

b.

Assess a fine of not less than fifty dollars or more than five hundred dollars.

c.

Each day after the initial written notice of violation is a separate violation subjecting the owner/operator to the issuance of additional citations for violations of Section 17.10.060(I) and other applicable village ordinances.

d.

If the village is awarded a monetary judgment following a court hearing and the defendant does not make timely payments to the village, the village may bring an action in lien or equity for the collection of any amounts due.

iv.

An agent who knowingly aids or abets an owner/operator in advertising or renting a dwelling unit as a short-term rental unit that is not permitted under this title is subject to the issuance of a citation for violating this title and the agent's business registration or license is subject to revocation.

v.

Should a short-term rental permit be revoked, the owner/operator may reapply for a new permit after the one-year period has concluded and after the payment of all applicable fees.

F.

Development.

1.

Violations. Any of the following development actions shall be a violation of this title and shall be subject to the enforcement and remedies provided in this section:

i.

Failure to obtain development plan application approvals prior to any building, structure, mobile, or manufactured home being used, occupied, substantially changed, constructed, erected, moved, or altered upon any premises.

ii.

Failure to complete the construction or installation of any on and off-site improvements as required by the approved application, such items shall include but are not limited to:

a.

Buildings.

b.

Curb cuts.

c.

Drainage facilities.

d.

Drive aisles.

e.

Drive pads.

f.

Driveways.

g.

Fences/walls.

h.

Landscaping.

i.

Refuse facilities.

j.

Sidewalks.

k.

Structures.

l.

Utilities.

m.

Or any other development items as determined by the community development director or the public works director.

iii.

Deviations from approved development plans or permit conditions without prior approval.

iv.

Abandonment of a development is prohibited and shall be considered as such if it meets any of the following criteria:

a.

No substantial progress has been made, and the applicant has not proceeded with due diligence and in good faith.

b.

Construction activity has ceased for a period of one hundred eighty days or more without a valid reason or notifying the community development department.

c.

Leaving the site unsecured or in a condition that poses a threat to public safety or welfare.

v.

An owner, architect, builder, contractor, agent, or other person refusing to permit the community development department to conduct inspections in accordance with procedures set forth in Section 17.14.020(E)(4)(viii).

2.

Enforcement. Developments, properties, owners, architects, builders, contractors, agents, or other persons found in violation of this title shall be subject to the following enforcement procedures:

i.

Failure to Obtain a Development Plan Application Approval. If a developer, property owner, or responsible party fails to obtain a development plan application approval prior to any building, structure, mobile, or manufactured home being used, occupied, substantially changed, constructed, erected, moved, or altered upon any premises, the village may take the following actions:

a.

The developer, property owner, or responsible party shall be subject to notice in accordance set forth in Section 17.14.050(C)(5).

b.

Institute legal proceedings to prevent the unlawful action.

c.

Deny, delay, or withhold additional permits and approvals on or off-site until the subject property is compliant.

d.

Revoke permits, registrations, and approvals after giving the property owner or applicant notice of intent to revoke the permit, registration, or approval on or off-site.

e.

Issue a stop work order requiring that all work on a property, structure, or operation of a use that is in violation of this title cease, or if a violation is suspected but not known, until the existence or absence of the violation can be confirmed.

f.

Order the removal or remove any debris, building, structure, infrastructure on or off-site, or violating portion of a buildings, structure, or infrastructure on or off-site maintained in violation of the provisions this title.

ii.

Failure to Complete. If a developer, property owner, or responsible party fails to complete the development as approved, including but not limited to Sections 17.14.050(F)(1)(ii) and Section 17.14.050(F)(1)(iii), the village may take the following actions:

a.

The developer, property owner, or responsible party shall be subject to notice in accordance set forth in Section 17.14.050(C)(5).

b.

Institute legal proceedings to prevent the unlawful action.

c.

Deny, delay, or withhold additional permits and approvals on or off-site until the subject property is compliant.

d.

Order the completion of any building, structure, infrastructure on or off-site, or violating portion of a buildings, structure, or infrastructure on or off-site maintained in violation of the provisions this title.

iii.

Abandonment. If a developer, property owner, or responsible party abandons a development, the village may take the following actions:

a.

The developer, property owner, or responsible party shall be subject to notice in accordance set forth in Section 17.14.050(C)(5).

b.

Institute legal proceedings to prevent the unlawful action.

c.

Deny, delay, or withhold additional permits and approvals on or off-site until the subject property is compliant.

d.

Revoke permits, registrations, and approvals after giving the property owner or applicant notice of intent to revoke the permit, registration, or approval.

e.

Order the completion of any building, structure, infrastructure on or off-site, or violating portion of a buildings, structure, or infrastructure on or off-site maintained in violation of the provisions this title

f.

Order the removal or remove any debris, building, structure, infrastructure on or off-site, or violating portion of a buildings, structure, or infrastructure on or off-site maintained in violation of the provisions this title.

g.

Order that the subject property, building, structure, or any infrastructure be secured or left in a condition that shall not pose a threat to public safety or welfare.

3.

Abatement and Penalties. Developments, properties, owners, architects, builders, contractors, agents, or other persons found in violation of this title and subject to the enforcement procedures of Section 17.14.050(F)(2) shall be subject to the following abatement and penalty procedures:

i.

Abatement. Should a developer, property owner, or responsible party fail to remedy the violation(s) within the required compliance period, the village may take the following actions:

a.

The community development director or their designee is authorized to enter the property. Prior to entry, the property owner shall be provided with a twenty-four-hour notice of entry. The community development director or their designee shall then remove such violations(s), and all expenses associated with the removal shall be paid by the owner of the property, building, or structure where the violation(s) occurred. A lien for the removal costs shall be assessed against the subject property, with foreclosed conducted in accordance with NMSA 1978 § 3-36-1 through § 3-36-6.

(1)

The village shall not be responsible for damages to the property, building, structure, other items, or other improvements as a result of enforcement actions taken under this section.

b.

The village may file a claim on any bonds associated with the project to complete the project through village means, compel the original developer to complete the project, or arrange for another entity to complete the project.

ii.

Penalties.

a.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense.

b.

Penalties for violations shall be as follows:

(Ord. No. 481, 1-30-2025)

A. Application Fees.

1.

Reasonable application and associated fees sufficient to cover the costs of administration, inspection, mailings, publication of notice, recordation, and similar matters shall be charged to applicants for signs, subdivisions, zoning actions, and other administrative relief as determined by the community development director.

2.

The application fee listed in Table 17.14.060(1), are hereby established. Any amendments or modifications to Table 17.14.060(1) shall be approved by resolution of village council.

Table 17.14.060(1): Application Fees

(Ord. No. 481, 1-30-2025)