No building or structure shall be erected, constructed, reconstructed, structurally altered, substantially repaired, or converted in use until a building permit has been issued, and approval of all plans has been granted by the Building Inspector.

A.

Fee. Fees for a building or sign permit review shall be submitted with the appropriate application form. The fee shall be as set by City Commission Resolution.

B.

Submission requirements. The application for a building permit or zoning approval shall be on the form supplied by the designated Zoning Administrator or Building Inspector and shall contain plans, and other information as required by the designated Zoning Administrator or Building Inspector as well as that information required elsewhere in this Code. Soil reports, and compaction data are required for all building permits unless waived by the Building Inspector.

C.

Limitation. A permit under which no work is commenced within 180 days after issuance shall expire by limitation, in accordance with the New Mexico Building Code.

D.

Revocation. The designated Zoning Administrator may revoke a permit issued under this Code in case there has been any false statement or misrepresentation as to a material fact in the application on which the permit or approval was based.

Certification of occupancy shall be issued in conformance with this Code and all applicable sections of the New Mexico Building Code, on file in the office of the designated Zoning Administrator. The fee for a certificate of occupancy shall be included in the fee for a Building Permit.

A permit may be authorized by the Planning and Zoning Commission for uses stipulated as conditional within specific Districts and as presented in Article IX of this Code.

A.

Provisions for conditional use.

1.

The use must be desirable or essential to the public welfare, safety, health, morals or convenience of the residents in that District.

2.

The use must be compatible to the existing uses in that District.

3.

The use may be important to the development of an undeveloped area.

4.

The applicant shall notify all property owners of his/her intent in a manner specified in Section 11-7-2 and shall be subject to a public hearing as specified therein.

B.

Fee. A non-refundable application as set by City Commission Resolution must accompany each application.

C.

Submission requirements. The application for a conditional use permit shall be in the format stipulated by the City and shall contain plans and other information as required by the City. The completed application for a conditional use permit,, shall be submitted to the City Clerk for placement upon the agenda of the Planning and Zoning Commission.

D.

Review. A conditional use permit shall be subject to review on each annual anniversary following its approval. If it is determined from the review that the current use is significantly different or larger in scale than that originally approved, the conditional use permit may be revoked by the Planning and Zoning Commission.

E.

Transferal. Conditional use permits shall not be transferable from location to location, building owner to building owner, or applicant to other party.

A home occupation permit enables a homeowner to pursue specified business or commercial activities that are considered compatible with residential areas within property Districted for residential use. Home occupations shall be categorized into three classifications: Level I, Level II, and Level III.

A.

The following conditions apply to all classifications of home occupation:

1.

In all cases, the home occupation shall be clearly incidental and subordinate to the primary residential use of the property.

2.

Proprietors shall be in complete compliance with this Code and all other current local, state and federal regulations. Failure to comply may result in revocation of the Home Occupation Permit.

3.

The proprietor of the business shall be the property owner or a lawful resident of the property where the business is to be located.

4.

Any business activity or equipment use shall not adversely affect adjoining properties, impair established property values, or endanger public safety.

5.

Only one home occupancy permit will be issued per residence. Multiple businesses or commercial activities will be combined into one permit.

6.

Only one vehicle associated with the Home Occupation shall be allowed on the property where the Home Occupation occurs.

7.

Any combination of shipments and deliveries will not exceed four (4) times per calendar month. This does not include parcel deliveries by the U.S. Mail, UPS, Federal Express, or other similar services.

8.

Commercial vehicles will be of Class VI (AAMA Standard) and below. They will be no greater than single axle, not exceeding either 26,500 lbs., GCVW or twenty-four (24) feet in total length. Vehicles may either be straight trucks or stake-bed trucks. Businesses that require regular deliveries by larger vehicles will not be permitted.

9.

Shipping and receiving is permitted between the hours of 10:00 a.m. and 2:30 p.m. only.

B.

For Home Occupation Levels I and II Home Occupations, the following additional criteria must be met:

1.

Outside storage of business-related materials, inventory, supplies, or equipment is not permitted. Flammable products are prohibited.

2.

Business-related signs shall be non-lighted and limited to not more than one square foot in size. Signs are governed by Section 11-13-3.

3.

Deliveries and shipments via vehicles greater than 10,000 lbs. and having more than six (6) wheels are prohibited.

4.

Approval shall be done administratively by the designated Zoning Administrator of the City, provided the required criteria of the Code are met with respect to the permit.

C.

For Level I Home Occupations, which are allowed in all residential classifications, the following additional criteria must be met:

1.

Only two persons, residing at the premises where the business is located, may be employed at the business.

2.

All business-related operation and storage shall be confined to within no greater than five hundred (500) square feet or twenty-five percent (25%) of the floor area of the primary dwelling unit, whichever is less. Accessory structures shall not be used for business-related purposes.

3.

Business-related client visitations on the premises shall be limited to no more than one client visitation at any one time. Hours of visitation shall be between the hours of 6:00 a.m. to 8:00 p.m.

4.

The following businesses shall be permitted as Level I Home Occupations:

a.

Accountant;

b.

Answering service;

c.

Appraiser;

d.

Architect;

e.

Attorney;

f.

Computer services, such as programming, data entry, software development;

g.

Consultant, planner;

h.

Direct sales and mail order;

i.

Dressmaking and tailoring;

j.

Engineer, surveyor;

k.

Musical instrument repair;

l.

Real estate agent;

m.

Arts, crafts, and leather work;

n.

Similar uses to the above-mentioned uses, as interpreted by the designated Zoning Administrator.

D.

For Level II Home Occupations, the following additional criteria must be met:

1.

One employee not permanently residing at the business location may be employed in addition to those residents of the property where the business is located.

2.

Business may be performed either in the primary dwelling or in an accessory structure.

a.

All business-related operation and storage shall be confined to within no greater than five hundred (500) square feet or twenty-five (25) percent of the floor area of the primary dwelling unit, whichever is less, or

b.

All business-related operation and storage within one (1) accessory structure shall be confined to within no greater than five hundred (500) square feet within the structure.

c.

Hours of operation shall be limited to between 8:00 a.m. and 7:00 p.m.

3.

No more than one client visitation at any time will be permitted during the course of business operation.

4.

Business-related signs shall be non-lighted and limited to not more than four (4) square foot in size. Signs are governed by Section 11-13-3.

5.

The following businesses shall be permitted as Level II Home Occupations:

a.

Counselor;

b.

Music teacher;

c.

Tutorial services;

d.

Hairdresser and similar services;

e.

Watch, clock, and jewelry repair;

f.

Similar uses to the above-mentioned uses, as interpreted by the designated Zoning Administrator.

g.

All uses permitted as Level I Home Occupations.

E.

For level III Home Occupations, the following requirements must be met:

1.

A site plan review and approval by the Planning and Zoning Commission is required.

2.

The business shall employ no more than two (2) employees not living at the premises on site.

3.

Business operations may be performed within either the primary dwelling, one (1) accessory structure, or both.

a.

Business-related operation and storage shall be confined to within no greater than five hundred (500) square feet of the floor area of the primary dwelling or twenty-five percent (25%) of the floor area, whichever is less.

b.

Business-related operation and storage within one accessory structure shall be confined to no greater than five hundred (500) square feet of the floor area.

c.

Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday through Friday.

4.

Outside storage of business-related materials is limited to four hundred (400) square feet and shall be screened from view by a site obscuring fence or wall that is a minimum of five (5) feet in height. Materials shall not be stacked higher than the fence. Outside storage area shall not be located in the front yard or to the side of the primary dwelling.

5.

One non-lighted on-site business sign shall be permitted. The sign shall be a maximum of six (6) square feet, and may be located on the ground or attached to the building, which contains the business. Signs are governed by Section 11-13-3. If located on the ground, it shall maintain minimum six (6) feet front and side setbacks. If mounted on the building, no part of the sign shall be over eight (8) feet high measured from the top of the sign to ground level. All signs shall display a street address. Lighted signs are not permitted.

6.

Client visitations shall not exceed five clients at any one time. The business shall provide sufficient off-street parking spaces and a designated loading area, if necessary.

7.

The business shall have no more than one (1) business vehicle.

8.

The following businesses shall be permitted as Level III Home Occupations:

a.

Catering, subject to NMED review;

b.

Child or adult care, with no overnight provisions and subject to local and state regulatory requirements;

c.

Computer hardware assembly and repair;

d.

Light welding;

e.

Photography studio, subject to NMED review;

f.

Small appliance repair;

g.

Small electronics and radio repair;

h.

Similar uses to the above-mentioned uses, as interpreted by the designated Zoning Administrator;

i.

Those uses permitted as Level I or Level II Home Occupations.

9.

The applicant shall notify all property owners of his/her intent in a manner specified in Section 11-7-2 and shall be subject to a public hearing as specified therein.

F.

Business registration. A Business Registration License is required for Home Occupation business or commercial activity. Approval of a business registration supporting a home occupation or Home Occupation Permit does not nullify any private covenants or deed restrictions that apply to the property upon which the home occupation is based. It is the responsibility of the proprietor to be fully aware of the need to comply with any such agreements.

G.

Fee. A non-refundable application fee as set by City Commission Resolution must accompany each application.

H.

Submission requirements. The application for a home occupation permit shall be in the format stipulated by the City and shall contain plans and other information as required by the City. The completed application for a home occupation permit shall be submitted to the City Clerk for placement upon the agenda of the Planning and Zoning Commission when applicable.

I.

Review. A home occupation permit shall be subject to review on each anniversary following is approval. If it is determined from the review that the current use is significantly different or larger in scale than that originally approved, the Home Occupation permit may be revoked by the Planning and Zoning Commission.

J.

Transferal. Home occupation permits shall not be transferable from location to location, building owner to building owner, or from the applicant to any other party.

A Variance may be authorized by the City Commission after hearing the recommendation of the Planning and Zoning Commission. The variance shall provide relief from the strict application of dimension, distance, parking or setback requirements of this Code.

A.

Provisions for variance.

1.

The subject property must be irregular, narrow, shallow, or steep or otherwise, have physical conditions where application of the requirements of this Code would result in practical difficulty or unnecessary hardship to the owner in the use of his land or building.

2.

The applicant shall notify all property owners of his/her intent in a manner specified in Section 11-7-2 and shall be subject to a public hearing as specified therein.

3.

Variance shall not be granted in such cases where it would adversely affect adjoining properties, impair established property values, or endanger public safety.

4.

Variances shall not be granted where spot zoning would occur.

B.

Fee. A non-refundable application fee as set by City Commission Resolution must accompany each application.

C.

Submission requirements. The application for variance shall be in the format stipulated by the City and shall contain plans and other information as required by the designated Zoning Administrator. The completed application for a variance, shall be submitted to the City Clerk for placement upon the agenda of the Planning and Zoning Commission.

D.

Revocation. A variance shall be automatically revoked in the event of building permit for the approved Variance has not been obtained within ninety (90) days, or construction has not begun within one hundred eighty (180) days after the building permit has been issued. The Planning and Zoning Commission may grant ninety (90) days extension if deemed appropriate.

E.

Re-application for variance. In the event of a denial decision by the City Commission, there shall be no re-application for the same variance for a period of one (1) year after the date of the decision of the Commission.

A special use permit may be authorized by the City Commission after hearing the recommendation of the Planning and Zoning Commission. A special use permit is required for a special land use, which is not permitted by right within the District wherein it is requested.

A.

Provisions for special use permit.

1.

In making a decision on a Special Use Permit, the Planning and Zoning Commission and the City Commission shall review the following factors and accord each factor the necessary weight on a case-by-case basis.

a.

The increase in congestion of streets and other rights-of-way;

b.

Diminishment of safety from fire, panic and other dangers;

c.

Diminishment to the health and general welfare of the public;

d.

Degradation of light and air for all properties in the immediate area of the proposed Permit; increases of overcrowding of land and undue concentrations of populations;

e.

Adverse affects on provisions for transportation, water, sewer, schools, parks and other public facilities or increases in the effects of natural hazards;

f.

Increases or facilitation of the unlawful use of structures, buildings or land; and

g.

Promote the use or waste of energy in the use of structures, buildings, and land.

2.

Special Use Permits shall not be granted in such cases where the use will result in negative impacts, which substantially outweigh the positive impacts of the purposed use.

B.

Fee. A non-refundable application fee to be set by City Commission Resolution must accompany each application.

C.

Submission requirements. The application for a special use permit shall be in the format stipulated by the City. There shall be a comprehensive statement included with each application indicating in detail the reason for the request, the purpose and proposed use of the property, all improvements to be made, and a site plan including the following:

1.

Location of existing and proposed structures including the dimensions of setbacks;

2.

Existing and proposed vehicular circulation systems, including parking areas, storage areas, service areas, loading areas, and major points of access, including street pavement width and right-of-way;

3.

Location and treatment of open spaces including landscaping plan and schedule;

4.

Lighting;

5.

Signage;

A drainage plan, site plan and grading plan shall be required for all developments exceeding one (1) acre and to all new and all re-development within the C-1 and M-1 Planning and Zoning Districts, to all manufactured home parks, manufactured home subdivisions, recreational vehicle parks, and to all special and conditional uses in other Districts. For lesser developments when the designated Zoning Administrator determines said plans to be necessary, the designated Zoning Administrator shall so inform the applicant prior to accepting an application.

D.

Public hearing and notice procedure. A public hearing shall be held by the Planning and Zoning Commission for all special use permits. All property owners shall be notified in accordance with the provisions of Article 7 of this Code.

E.

Review and approval. The City Commission may deny special use permits, or may grant final approval in accord with certain conditions, with right of appeal in accordance with Article VII of this Code. Approval may also be granted with additional conditions imposed, which are deemed necessary to insure that the purpose and intent of this Code is met and to protect and provide safeguards for persons and property in the vicinity.

F.

Time limitation and revocation. If a special use is not initiated within one (1) year following approval or if a special use is discontinued for a period of one (1) year, said permit shall be automatically revoked. The City Commission may impose a different time limitation on a special use permit. All improvements shall be in accord with the development standards of the District except as otherwise authorized by the special use permit. Significant variation from the approved special use and related improvements shall result in the automatic revocation of the special use permit.

G.

Re-submittal of application for special use permit. Application for a special use permit shall not be resubmitted or reconsidered for a period of one (1) year after it has been acted upon by the City Commission except that an application may be made for a different special use permit on the same parcel of land six (6) months after such previous action has been taken.

H.

Special use. Special uses shall not be considered a District boundary change.

A.

A Manufactured Home Installation Permit is required before any person or entity may move a manufactured home within or into the City limits. It is unlawful for a person or entity to move a manufactured home within or into the City limits without first obtaining a Manufactured Home Installation permit. If the contemplated move is within the "flood plain area" as that term is defined in Section 4-167 of the City Code, an appropriate elevation certificate shall also be obtained in accordance with Article III, Flood Damage Prevention, of Chapter 4 of the City Code.

B.

A building permit shall be obtained prior to building a permanent foundation for a manufactured home.

C.

The following penalty provision shall govern for any violation of subsection A of this Code.

1.

First week after notification of offense—$200.00;

2.

Second week (or part of a week) after notification of offense—$500.00 or up to 90 days in jail or both;

3.

Third week (or part of a week) after notification of offense—$1,000.00 or up to 90 days in jail or both.

Appeals and protests of decision made under this article may be made in accord with Article 7 of this Code.