Zoneomics Logo
search icon

Los Lunas City Zoning Code

CHAPTER 17

28 - PERMITTING, ENFORCEMENT AND REVIEW

Sections:


17.28.010 - Permit required.

A. The use made of property may not be substantially changed, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

1.

A building permit or mobile home parking permit issued by the community development department;

2.

A conditional use permit issued by the planning and zoning commission;

3.

A designated use permit issued by the council.

B.

Zoning permits, designated use permits, conditional use permits and sign permits are issued under this title only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this title if completed as proposed. Such plans and applications are incorporated into any permit issued, and all development shall occur strictly in accordance with such approved plans.

C.

Physical improvements to land to be subdivided may not be commenced except in accordance with a final plat approval by the council.

D.

A building permit, mobile home parking permit, conditional use permit, designated use permit or sign permit shall be issued in the name of the applicant, shall identify the property involved and the proposed use, and shall contain any special conditions or requirements imposed by the permit issuing authority.

(Ord. 276 (part), 2001)

17.28.020 - No occupancy, use, or sale of lots until requirements fulfilled.

Issuance of a conditional use, designated use, building or mobile home parking permit authorizes the recipient to commence the approved activity (subject to a building permit being issued), or to make necessary improvements to subdivision. However the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this title have been complied with.

(Ord. 276 (part), 2001)

17.28.030 - Persons that may submit permit applications.

The owner or lessees of property may submit permit applications. The administrator may require an applicant to submit evidence of his authority to submit the application whenever there appears to be a reasonable basis for questioning authority.

(Ord. 276 (part), 2001)

17.28.040 - Applications to be complete.

All applications must be complete before the permit-issuing authority is required to consider the application. An application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed will comply with all the requirements of this title.

(Ord. 276 (part), 2001)

17.28.050 - Staff consultation prior to application.

A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this title, reapplication consultation between the developer and the planning staff is encouraged or required as provided in this section.

B.

Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff.

(Ord. 276 (part), 2001)

17.28.060 - Building permits.

No building or structure shall be erected, improvements constructed, nor mobile home moved upon any premises within the area regulated by this title without prior approval of the building inspector or code enforcement officer. They shall determine if a variance, zone change, conditional use or designated use permit is required, and if so, will notify the applicant that a variance, zone change, conditional use or designated use permit must be requested prior to any building or mobile home parking permit being granted. If no variance, zone change, conditional use or designated use permit is required, the building inspector or code enforcement officer will approve the building permit application and plans within seven working days of the date of their receipt. Commercial or larger building projects may require a longer review time.

(Ord. 276 (part), 2001)

17.28.070 - Complaints regarding violations.

Whenever the zoning enforcement officer receives a written, signed complaint alleging a violation of this title, he shall investigate the complaint, take whatever action is warranted, and inform the complainant regarding actions that have been or will be taken.

(Ord. 276 (part), 2001)

17.28.080 - Persons liable.

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, assist, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. 276 (part), 2001)

17.28.090 - Procedures upon discovery of violations.

A. If the zoning enforcement officer finds that any provision of this title is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoning enforcement officer's discretion.

B.

The final written notice shall state what action the administrator intends to take if the violation is not corrected and shall advise that the decision or order may be appealed to the planning commission.

C.

In cases when delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning enforcement officer may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 17.28.100.

(Ord. 276 (part), 2001)

17.28.100 - Penalties and remedies for violations.

Any person violating any of the provisions of this title shall upon conviction be subject to a fine not exceeding five hundred dollars or imprisonment for a period not exceeding ninety days, or both such fine and imprisonment. Any violation continued for a period of fifteen days after conviction shall be prosecuted and treated as a separate offense.

(Ord. 276 (part), 2001)

17.28.110 - Permit revocation.

A special use, or conditional use permit may be revoked by the permit issuing authority if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this title, or any additional requirements lawfully imposed by the permit-issuing authority.

(Ord. 276 (part), 2001)

17.28.120 - Judicial review.

Every decision of the village council or planning and zoning commission on a variance or conditional use permit shall be subject to review by the district court. A notice of appeal must be filed with the district court within thirty days after the final action of the village council or planning and zoning commission.

(Ord. 276 (part), 2001)