Rio Rancho City Zoning Code
ARTICLE IV
MISCELLANEOUS PERMITS
§ 154.80 NONCONFORMING USES.
(A)
When, within the various districts established by this chapter, or amendments that may be later adopted, there exist lots, structures, or uses that were in conformity with the applicable zoning ordinance and regulations when created but which would be prohibited or do not conform to the requirements of this chapter or future amendment, it is the intent of this chapter to:
(1)
Allow these nonconforming uses to continue until they are removed; be enlarged upon, expanded, or extended;
(2)
Not encourage their survival or perpetuation;
(3)
Insure that the nonconformities shall not be enlarged upon, expanded, or extended;
(4)
Not permit the nonconformities to be used as grounds for adding other structures or uses prohibited elsewhere in the same district;
(5)
Not permit the attachment of additional signs to the building or the placement of additional signs or display devices on the land outside the building or permit the addition of other uses if such additions are of a nature that would be prohibited generally in the district involved.
(B)
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building in which actual and lawful construction had begun prior to the effective date or adoption or amendment of this chapter and upon which construction has been diligently carried on.
(C)
Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to the requirements of this chapter.
(D)
If a nonconforming use is damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, then restoration must be for a permitted use.
(E)
Each owner of a nonconforming use that was in existence before March 7, 1983, shall apply for a nonconforming use certificate. Application shall be made to DSD. DSD shall make final determination on all applications. A certified nonconforming use ceases to be valid only after abandonment (a period of six consecutive months for uses, or a period of 12 consecutive months for structures) and cannot subsequently be reestablished by the property owner where such use is otherwise prohibited. Prior to the issuance of a nonconforming use certificate, the Department shall confirm via submitted documentation that the nonconformity has been in continuous existence and shall subsequently affirm that the nonconformity continues to exist on an annual basis.
(F)
Lots of record that have not been changed in size prior to 1981 shall be deemed conforming to the zoning district into which the lots were placed at the time of annexation. Individual lots that do not meet zoning standards independently and are adjacent to a lot under common ownership will be deemed combined for zoning and development purposes, and must be consolidated prior to any development activity on said lots.
(G)
Public acquisition of right-of-way that makes a property fall below the required acreage of the zoning district does not make the lot nonconforming if all other standards in this title can be met.
(Ord. 18-20; Am. Ord. 18-28)
§ 154.81 BUILDING PERMITS.
(A)
No building may be undertaken in the city without a building permit as required by the City of Rio Rancho and/or the General Construction Industries Commission of the State of New Mexico and without an application having been made for an occupancy permit as required by Section 154.82.
(B)
All buildings or houses other than accessory buildings shall display identification numbers.
(1)
DSD shall record designated street numbers on the plan review application of new construction, and shall furnish building numbers of all buildings needed.
(2)
Numbers shall be affixed on buildings by the last day of the first month the building is occupied.
(a)
Street numbers shall be as designated by DSD.
(b)
All numbers other than those designated shall be removed.
(3)
The numbers shall be located on the right or left side of the street address entrance, clearly visible from the street.
(a)
Each figure of a house or building number shall be a material which will withstand the natural elements.
(b)
The figures shall not be less than three inches in height and of corresponding width.
(4)
It shall be the responsibility of the building owner to maintain numbers of houses and/or buildings in good as well as legible condition or design.
(Ord. 18-20)
§ 154.82 OCCUPANCY PERMITS.
Subsequent to the effective date of this chapter, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied, until a certificate of occupancy has been issued by DSD. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No building or premises shall be occupied until such a certificate and permit are issued. A record of all certificates of occupancy shall be kept on file in the office of the City Clerk, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such a certificate of occupancy.
(Ord. 18-20)
§ 154.83 SPECIAL EVENT PERMIT.
(A)
Purpose. A special event is one that has a duration which is temporary in nature. A special event permit grants temporary zoning approval to allow for the facilitation of such an event while simultaneously minimizing the impact of the event on community members and to ensure public safety and the delivery of emergency medical services to the public.
(B)
Applicability. Obtaining a special event permit for a public or private event taking place on either public or private property shall be required only if the event and associated activities do any of the following:
(1)
Prohibit vehicular or pedestrian access and use of public streets, right-of-way, sidewalks;
(2)
Require the issuance of one or more permits, licenses, or inspections by any governmental entity for the event and/or event activities (e.g., business license, tent/canopy inspection, temporary food service permit, etc.).
(C)
Exemptions.
(1)
A special event permit shall not be required for the following:
(a)
Funeral processions;
(b)
When a city public facility use/rental agreement is executed;
(c)
Film/television productions (film/television productions shall be subject to their own distinct permitting process established by the city).
(2)
A special event permit does not exempt an event and associated activities from applicable regulations or laws (e.g., noise, maximum occupancy, etc.).
(D)
Permit information. The city shall develop and make available a special event permit application that requires the applicant to provide event-related information and details.
(E)
Submission. The applicant shall submit a special event permit application no less than 30 days prior to the proposed event start date.
(F)
Safety resources. If the city determines that dedicated public safety resources are necessary for an event, the special event permit applicant shall be required to complete a Police/Fire Chief’s overtime agreement prior to the granting of the special event permit and the applicant shall be responsible for all associated law enforcement and/or public safety personnel and vehicle costs in accordance with such an agreement.
(G)
Signage. Temporary signage for special events shall be allowed; however, all signs are subject to the regulations in Chapter 156, Sign Regulations.
(H)
Term. Special events shall not exceed a maximum of 14 consecutive or nonconsecutive days in operation and no permit shall be granted by the city for a period greater than 30 calendar days. Approval to exceed the maximum time allowed to conduct a special event shall be obtained from the city prior to the last day of the event.
(I)
Fee. The special event permit fee is $35. City of Rio Rancho municipal government funded, organized, or sponsored events shall be exempt.
(Ord. 18-20)
§ 154.84 TEMPORARY VARIANCE.
(A)
The City Manager or their designee may grant a temporary variance which allows noncompliance with the decibel level limitations stated in Section 131.06 for a nonreoccurring, short duration activity. The City Manager’s or their designee’s decision to grant or deny a temporary variance shall be final (see Section 150.08 for appeals).
(B)
The temporary variance shall be considered only after an applicant/requestor provides the following information, and the City Manager or their designee has determined that granting the temporary variance shall not be detrimental to public health, welfare, and safety, and the temporary variance is warranted because adherence to the decibel level limitations stated in this section would impose undue economic burden upon any lawful business, occupation or activity:
(1)
Type of activity and equipment;
(2)
Estimated decibel level and duration;
(3)
Sound mitigation measures to be used;
(4)
Number of amplification devices to be used in the proposed activities;
(5)
Anticipated direction of amplification devices;
(6)
Whether the activity will be held within or without a structure;
(7)
Proposed benefits of the activity;
(8)
Why decibel level limitations stated in this section cannot be adhered to; and
(9)
Other circumstances or conditions that may be impacted or aggravated by the proposed activity.
(C)
No temporary variance shall be granted for reoccurring events. No more than four temporary variances shall be granted to the same applicant/requestor during a 12-month period of time.
(D)
Any temporary variance granted shall be issued in writing and specifying place, date, duration, and any requirements appropriate to the proposed activity site, which may include maximum decibel levels.
(E)
An issued temporary variance shall become void, and surrendered to any police officer, code enforcement officer, or the City Manager (or their designee) as applicable, when it is determined that any requirement contained in the variance has been violated. Upon revocation of the temporary variance, activities must either immediately cease or must comply with the decibel level limitations stated in Section 131.06.
(F)
A subsequent temporary variance request by the same applicant/requestor may be denied upon substantiated complaint(s) related to an activity previously granted a variance, or if an applicant has previously been required to surrender a temporary variance as described in this section.
(Ord. 24-04)
