ZONING ORDINANCE 2010-1
TOWN OF COCHITI LAKE
DRAFT
February 26, 2010
TABLE OF CONTENTS
Section 1.1 Short Title
Section 1.2 Purposes
Section 1.3 Applicability
Section 1.4 Conformity
Section 1.5 Rules of
Ordinance
Section 1.6
Statement of Scope and Intent
Section 1.7 Definitions
ARTICLE
II. DESIGNATION OF
ZONING DISTRICTS
Section 2.1 Zoning Districts
ARTICLE
III. ESTABLISHMENT OF
ZONING DISTRICTS
Section 3.1 Zoning Map
Section 3.2 Conformity of
Uses Required
Section 3.3
Conformity of Buildings & Spaces
Section 3.4 Conformity of
Lots
Section 3.5 Public Services
ARTICLE IV.
RESIDENTIAL ZONING DISTRICTS
Section 4.1 Uses
Section 4.2 Uses Subject
to Approval
Section 5.1 Uses
Section 5.2 Prohibited Uses
Section 6.1 Uses
Section 6.2 Permitted Uses
ARTICLE VII.
GENERAL ZONING STANDARDS
Section 7.1 Construction
Standards
Section 7.2 Building Permits
Section 7.3 Alterations
Section 7.4
Residential Site Requirements
Section 7.5 Parking and
Loading
Section 7.6 Landscaping
Regulations
Section 7.7 Animal Regulations
Section 7.8 Residential
Maintenance
Section 7.9 Discharge of
Firearms
ARTICLE VIII.
SIGN REGULATIONS
Section 8.3 Commercial Signs
Section 8.4 Emergency Signs
Section 8.5 Unauthorized Signs
ARTICLE IX.
BOARD OF ZONING ADJUSTMENT
Section 9.1
Establishment and Membership
Section 9.3 Zoning
Administration
Pursuant to the authority as written or amended of the New Mexico
Statutes, annotated or unannotated, concerning the construction and
registration of real property, and the authority conveyed to the Town
Assembly of the Town of Cochiti Lake, New Mexico, a political
subdivision of the Pueblo de Cochiti, and the authority of the Pueblo de
Cochiti, the Town of Cochiti Lake does ordain the following:
These regulations shall be known as the Zoning Ordinance of the Town of
Cochiti Lake and may be referred to by that title, or as the “zoning
regulations,” or as “this Ordinance.”
In order to promote and protect the public health, safety, peace,
comfort and convenience, and to guide, control and regulate growth,
development and maintenance of the Town of Cochiti Lake (in accordance
with the Master Lease, Town Charter and General Development Plan); to
lessen congestion in the streets and public ways; to facilitate
development in accordance with the unique natural ecology and character
of the land; to provide adequate light, air, privacy and convenience of
access to property within the Town of Cochiti Lake; to secure safety
from fire, flood waters, panic and other dangers; and to prevent the
overcrowding of lands; the Town Assembly does ordain and enact into law
the following zoning ordinance.
In applying the provisions of this Ordinance, the regulations shall be
the minimum requirements for the promotion of the public health, safety,
comfort, convenience and general welfare of the residents.
This Ordinance is not intended to abrogate, annul or impair any
easement, covenant or other agreement between parties, except that where
this Ordinance imposes a greater restriction, covenant or agreement, the
restrictions and standards of this Ordinance shall control.
All buildings, structures and improvements or portions thereof, or use
of such buildings or land, shall conform to the provisions of this
Ordinance.
Section 1.5
Rules of Ordinance
This Ordinance shall be liberally construed to effectuate its intended
purpose. No act, determination or procedure shall be invalidated by an
error, irregularity or omission therein if the error, irregularity or
omission does not adversely and substantially affect the rights of any
private person or public agency.
The provisions of this Ordinance shall be severable in any article,
section, paragraph, sentence, clause, phrase, word or provision of this
Ordinance or the application thereof in any circumstance or to any
private person or public agency if for any reason held invalid by a
court of competent jurisdiction. Such decision shall not affect the
validity of the remainder of this Ordinance or the application thereof
in other circumstances or to other private persons or public agencies.
If the application of any provision or provisions of this Ordinance to
any lot, parcel of land or uses thereof or improvements located thereon
is found to be invalid or ineffective in whole or in part by any court
of competent jurisdiction, the effect of such decision shall be limited
to the property immediately involved in the controversy, and the
application of any such provision to other properties and situations
shall not be affected.
The Town Assembly hereby declares that it would have passed this
Ordinance and each provision and section thereof, irrespective of the
fact that any one or more of such provisions or sections be declared
invalid.
Section 1.6
Statement of Scope and Intent
Unless otherwise stated, the regulations and standards contained in this
Ordinance shall be the minimum requirements for the promotion and
protection of the public safety, health and the general welfare.
Any Town Ordinance which is more restrictive must be appended hereto as
an amendment to this Ordinance.
The definitions contained in this section govern the construction of
this Ordinance, unless the context otherwise requires. The definition of
a word or phrase applies to any variants thereof. The words “shall” and
“will” are mandatory and not directory. The word “include” is not
intended to exclude from any category instances not listed. The word
“Town” shall mean the Town of Cochiti Lake, New Mexico. The words “Town
Assembly” and “Assembly” shall mean the Town Assembly of the Town of
Cochiti Lake. The words “Board of Zoning Adjustment” and “Board” shall
mean the Board of Zoning Adjustment appointed by the Town Assembly.
The following definitions govern this Ordinance, unless the context
otherwise requires:
Accessory Structure:
A structure on a lot, other than a main or permitted building,
which conforms to the standards applicable for the zoning district in
which the structure is situated.
An accessory structure is incidental and subordinate to the
principal use of a lot or structure and must be located within the
boundaries and setbacks of the lot on which the main building sits.
Accessory Use:
A use necessary to the operation or enjoyment of a lawfully
permitted use when located on the same lot.
Appropriate Official:
An official of the Town of Cochiti Lake authorized or empowered
by the Charter of the Town of Cochiti Lake, or any ordinance, rule or
regulation adopted pursuant thereto to perform any duty or exercise any
power to carry out the purposes of this Ordinance.
Architectural Committee:
A committee created to administer the restrictions and ensure
high standards of development within the Town of Cochiti Lake as set
forth in the document “Declaration of Protective Covenants.”
Members of this committee are appointed by the Executive Director
of the Cochiti Community Development Corporation (CCDC), with the
approval of the CCDC Board of Directors, and serve at their discretion.
Block:
The properties abutting on one side of a street and lying between
the two nearest intercepting streets, or nearest intersecting or
intercepting street and un-subdivided land.
Boundary Lines:
Lines that designate the limits of any district, lot, street or
alleyway as shown on a Town of Cochiti Lake sectional map.
Building:
Any structure having a roof and used for the housing or enclosure
of people, animals or property of any kind.
Conditional Use:
A use that may be or become a nuisance or hazard to neighboring
properties if proper safeguards are not taken. Such uses require
individual review and approval by the Board of Zoning Adjustment.
Depth:
The horizontal distance between the front and rear property lines
of a site measured along a line midway between the side property lines.
District:
A portion of the Town of Cochiti Lake designated by its zoning
district for specific permitted uses or conditionally permitted uses.
Driveway:
A private road, the use of which is limited to persons residing
or working on the property assigned to the driveway and their invitees,
licensees and visitors; that area which provides access to off-street
parking or loading facilities.
Dwelling Unit:
One or more rooms which include at least one kitchen, one
bathroom and one bedroom designed for or occupied by one (1) family. A
“one family Dwelling Unit” is a building containing exclusively a single
dwelling unit. A “one family Detached Dwelling” is a dwelling having a
side yard on each side. A “Multiple Dwelling Unit” is a building
containing two (2) or more dwelling units with each unit occupied by a
family. For purposes of this definition, automobile trailers, RV’s and
temporary structures shall not be deemed dwellings.
Family:
An individual or two or more persons living as a single
housekeeping unit. Unrelated persons are limited to four in a
single-family dwelling unit.
Floor Area:
The total horizontal area in square feet on each floor within the
interior walls of a structure, but not including the area of inner
courts, shaft enclosures or exterior walls.
Footprint:
The total floor area of a building or buildings on a site,
including basements, garages, portals, mezzanines, upper floors, and
passageways as measured from the exterior faces of exterior walls.
Frontage:
The property line of a site abutting on a street, other than the
side line of a corner lot. On a corner lot the frontage shall be
calculated by using the narrowest width of the lot. On a through lot
(one that has two or more lot lines separating the lot from a street
that do not intersect to form a corner lot) the frontage shall be
calculated by using such a lot line that serves as the primary access to
the lot.
Garage or Carport:
An accessory structure or a portion of a main structure having a
permanent roof and designed for the storage of motor vehicles.
Home Occupation:
An occupation conducted in a dwelling unit.
Lessee:
A person or group that holds the lease of a property. For
purposes of this Ordinance, “Lessee” refers to the Cochiti Community
Development Corporation.
Lessor:
A person or group that leases property to another person or
group. For purposes of this Ordinance, “Lessor” refers to the Pueblo de
Cochiti.
Lot:
For zoning purposes, as covered in this Ordinance, a lot is a
clearly defined piece of land of sufficient area and dimensions to meet
the minimum zoning requirements for width, area, use and coverage, of
the Zoning District in which it is located, and to provide such yards
and other open spaces as are required herein. Such lot shall have
frontage on a public street or on a private street approved by the
appropriate official or appropriate officials of the Town of Cochiti
Lake. Such lot may consist of all, portions, or combinations of lots of
record, provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the requirements
of this Ordinance. “Lot” shall include the words “plot” and “parcel.”
Non-conforming Structure:
A structure which was erected prior to the adoption of this
Ordinance, or any applicable amendment thereto, that does not conform
with the standards of coverage, yard spaces, height of structures, or
distances between structures prescribed in the regulations for the
district in which the structure is located.
Non-conforming Use:
A use of a structure, or land, which was approved prior to the
adoption of this Ordinance, or any applicable amendment thereto, but
which does not conform to the use regulations for the zoning district in
which it is located.
Off-Street Parking:
A driveway, parking “pad” or a site, or portion of a site defined
by lined spaces or signage clearly stating “Off-Street Parking” and
devoted to the off-street parking of allowed motor vehicles.
One Ownership or Common Ownership:
Leasehold or sub-leasehold interest of a parcel or parcels of
property or improvements located thereon or possession thereof under a
contract to lease or to sublease by a person or persons, individually,
jointly, in common or in any other manner whereby such property is under
single or unified control.
Open Space (Useable):
An area or a series of areas on a lot that can be suitably
utilized for recreation and outdoor living.
Open Space (Common):
A parcel or parcels of land within the Town of Cochiti Lake
designed and intended for the use or enjoyment of residents of the Town.
Common Open Space may contain such accessory structures and improvements
as are necessary and appropriate for the benefit and enjoyment of
residents and the public.
Permitted Uses:
A use that is allowed in a particular zoning district.
Person:
A natural person, corporation, firm, business trust, partnership,
joint stock company, estate, trust, association, public agency or two or
more persons having a joint or common interest.
Protective Covenants:
A sixteen-(16) point preamble to the Master Lease, recorded at
the Pueblo de Cochiti on May 31, 1972, which establishes the authority
of the Architectural Committee of CCDC and declares restrictions on the
lots within the Town of Cochiti Lake. “Remedies” for the violation of
these restrictions are defined in item number 12 of that document.
Public Agency:
Any agency, board, commission or department of the Town of
Cochiti Lake, Sandoval County, the State of New Mexico or of the Pueblo
de Cochiti or any administrative unit of the United States Government.
Recreational Vehicle:
A self-powered vehicle or a non-self-motive vehicle designed for
human use or occupancy and equipped for recreational use.
Sectional Map:
The surveyed area as shown on the map of the Town of Cochiti
Lake.
Setback:
Minimum distance required between platted property lines and the
front, rear, and sides of a structure.
Sign:
Any structure, part thereof or device or inscription which is
located upon, attached to, or painted or represented on any land or on
the outside of any building or structure, or on an awning, canopy,
marquee, or similar appendage, or permanently affixed to the glass on
the outside or inside of a window so as to be seen from the outside of
the building, and which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, symbol, device, light, trademark or
other representation used as, or in the nature of, an announcement,
advertisement, attention-arrester, direction, warning, or designation of
any person, firm, group, organization, place, commodity, product,
service business, profession, enterprise or industry.
Sign Area:
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any figure or
similar character, together with any frame or other material or color
forming an integral part of the display or used to differentiate such
sign from the background against which it is placed, excluding the
necessary supports or uprights on which such sign is placed, but
including any sign tower.
Site:
A parcel of land, subdivided or unsubdivided, occupied or
unoccupied, by a use or structure.
Site Area:
The total horizontal area included within the property lines of a
site, including area subject to easements, but not including private
streets or other rights of ways over which the public has a right of
access, and not including area within the precise plan line of a future
street.
Street (public):
A right-of-way dedicated to common and general use by the public,
including any avenue, drive, boulevard, parkway, highway or similar way,
and maintained by the Town, the County of Sandoval or the State of New
Mexico.
Street (private):
A right-of-way or easement in private control, not dedicated to
common and general use by the public, and not maintained as a public
street.
Structure:
Anything constructed or erected which requires a location on the
ground, including a building, or signs, but not including a swimming
pool, a fence or a wall used as a fence. Any constructed or erected
entity defined as a structure by the Covenants or Zoning Ordinance of
the zoning district.
Sublessee:
A person who holds a sublease. For purposes of this Ordinance, “Sublessee”
refers to individuals who have signed a sublease agreement with the
Cochiti Community Development Corporation for a lot or lots within the
lands known as the Town of Cochiti Lake.
Swimming Pool:
A pool, pond, lake or open lake capable of containing water to a
depth greater than one and one-half feet at any point, the primary use
of which is swimming or wading.
Townhouse:
A single-family dwelling attached to one or more other
single-family dwellings and designed as a unit in an integral cluster of
single-family dwellings.
Use:
The purpose for which land, premises or a structure is zoned.
Use (Accessory):
A use which is appropriate, subordinate and customarily
incidental to the main use of the site and which is located on the same
site as the main use.
Variance:
A relaxation of the terms of this Ordinance where such relaxation
will not be contrary to the public interest and where, owing to
conditions peculiar to the property and not the results of actions of
the applicant, a literal enforcement of this Ordinance would result in
an unnecessary hardship.
Financial gain or loss shall not be the determining factor in deciding a
variance.
Width:
The horizontal distance between the side property lines of a site
measured at right angles to the depth at a point midway between the
front and rear property lines.
Yard:
An open space on the same site as a structure, unoccupied from
the ground upward, including a front yard, side yard, rear yard or space
between structures.
Yard, Front:
A yard extending across the full width of a site, the depth of
which is the minimum horizontal distance between the front property line
and a line parallel thereto on the site.
Yard, Rear:
A yard extending across the full width of a site, the depth of
which is the minimum horizontal distance between the rear property line
and a line parallel thereto on the site.
Yard, Side:
A yard extending from the rear line of the required front yard,
or the front property line of the site where no front yard is required
to the front line of the required rear yard, or the rear property line
of the site where no rear yard is required, the depth of which is the
minimum horizontal distance between the side property line and a line
parallel thereto on the site.
ARTICLE II.
DESIGNATIONS OF ZONING DISTRICTS
In order to carry out the purposes and provisions of this Ordinance, the
several classes of General Zoning Districts hereby established and into
which the Town of Cochiti Lake is divided, are designated as follows:
MAP SYMBOL:
DISTRICT DESIGNATIONS:
R-1
Single Family Residential
R-T
Single-Family Townhouses
P
Public District
G-B
Greenbelt
ARTICLE III.
ESTABLISHMENT OF ZONING DISTRICTS
The designations, locations and boundaries of the districts established
by this Ordinance shall be shown upon the zoning map of the Town of
Cochiti Lake. The designations shall consist of a series of numbered
sectional maps. If any uncertainty exists as to the boundary of any
district as shown on the sectional maps, the following rules shall
apply:
1.
Where boundary lines are indicated as following streets and alleys, they
shall be construed as following the center lines thereof.
2.
Where boundary lines are indicated as approximately following lot lines,
such lot lines shall be construed to be such boundaries.
3.
Where a boundary line divides a lot or crosses un-subdivided property,
the location of such boundary shall be as indicated upon the zoning map
using the scale appearing on the map(s).
4.
Where a lot held in one (1) ownership is divided by zoning district
boundary lines, the entire lot shall be construed to be within the less
restricted zoning district.
5.
Where further uncertainty exists, the Board of Zoning Adjustment, upon
written application, or on its own motion, shall determine the location
of a disputed boundary, after giving due consideration to the apparent
indicated location and the scale of the zoning map and the express
purposes of this Ordinance.
Zoning Map Incorporated herein:
The zoning map of the Town of Cochiti Lake referred to in this
section (3.1), the original of which is on file with the Town Clerk,
together with all legends, symbols, notations, references and other
matter shown thereon, is hereby incorporated as though fully set forth;
and the designations, locations and boundaries of districts shall be as
shown, subject to the provisions of Section 3.1 or any subsequent
amendments that might affect Section 3.1.
Section 3.2
Conformity of Uses
Except as otherwise provided herein, land, buildings and premises in any
zoning district shall be used only for the purposes listed as permitted
in that zoning district and in accordance with the regulations
established for that district.
An appropriate official of the Town of Cochiti Lake shall issue a permit
to the effect that the use or proposed use of a building or premises
conforms to the provisions of this and related ordinances and to the
approval of the Architectural Committee of CCDC, prior to the occupancy
of any building erected, enlarged or structurally altered, or where any
vacant land is proposed to be occupied or used.
Section 3.3
Conformity of Buildings and Spaces
No building shall be constructed, reconstructed, enlarged, altered or
relocated so as to have or result in a greater height, a higher
proportion of lot coverage, a greater number of dwelling units, less
required open space or less off-street parking space, than is
permissible under the limitations set forth herein for the district in
which such building is located.
No required open space or off-street parking space existing or provided
hereafter on any building shall be reduced below the minimum
requirements set forth in this Ordinance.
Section 3.4
Conformity of Lots
No lot shall be created or reduced so as to be smaller in dimension or
area than allowed by this Ordinance under Section 7.2
No lot shall be created or reduced in relation to any building thereon
so as to create a violation of any of the requirements of this
Ordinance.
This Ordinance shall not limit or interfere with temporary use of any
property as a public voting place, or with the construction,
installation or operation by any public agency or private corporation of
any street, of any utility pipe, conduit or sewer, for any power,
transmission, communication, or transportation line, or of incidental
appurtenances to any of the above when located in a street, alley or
utility easement.
ARTICLE IV.
RESIDENTIAL ZONING DISTRICTS
The permitted uses and standards in Single-Family Residential Districts
R-1 and R-T are intended to be applied in those areas to be developed
for Single Family residences, buildings that contain exclusively single
dwelling units. All lots
shall be developed in accordance with Section 7.4 “Residential Site
Requirements.”
Section 4.2 Uses Subject
to Approval
The following uses in single family residential districts, R-1 and R-T,
shall be subject to approval of the Board of Zoning Adjustment, in
accordance with the Covenants of the Master Lease and the enumerated
uses in this Ordinance:
1.
Temporary signs advertising temporary uses on the site.
2.
Home occupations conducted in a dwelling unit, provided that:
a.
Not more than two persons, other than members of a family residing on
the premises, shall be regularly engaged in such occupation.
b.
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than twenty-five (25%) of the floor area of the
dwelling unit, including accessory buildings, shall be used in the
conduct of the home occupation.
c.
There shall be no change in the outside appearance of the building or
premises, nor other visible evidence of the conduct of the home
occupation.
d.
Primary sale of goods in connection with such home occupation shall be
that which is prepared or produced on the premises.
e.
No traffic shall be generated by such home occupation in greater volumes
than would normally be expected in a residential neighborhood. Parking
for employees and for customers or clients of such home occupation shall
be provided off the street and other than in a required front yard. The
inability to provide for off-street parking, may, by itself, be grounds
for denying home occupation.
f.
No equipment or process shall be used in such home occupation that
creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses outside the dwelling unit.
3.
Any permitted use in a G-B District.
4.
Temporary structures and operations in connection with, and on the site
of, building or land development, including grading, paving,
installation of utilities, erection of structures for storage of
equipment and building materials and similar items as enumerated in
Section 7.1. All such
structures shall be completely removed within thirty (30) days after the
completion or termination of such work.
5.
Accessory uses and accessory structures in Single Family Residential
Districts, provided they are in accordance with the standards enumerated
in these Ordinances and the Protective Covenants.
This zoning district classification is intended to be applied in areas
to be preserved in Open Space.
The Town Assembly recognizes the importance of preserving areas
within the Town of Cochiti Lake in their natural state and of preserving
their natural beauty, and of providing natural areas integrally related
to the developed areas of the Town.
1.
In a Greenbelt Zoning District, no off-road motorized vehicle of any
type shall be operated or used except as allowed for emergency vehicle
use.
2.
Horseback riding is prohibited in a Greenbelt Zoning District.
This zoning district classification is intended to be applied in areas
where the land is leased by the Town of Cochiti Lake or other public
agency and is used for public or governmental purposes.
The following are permitted uses in the zoning district P:
1.
Libraries
2.
Fire protection and central facilities
3.
Town administration
4.
Municipal maintenance facilities
5.
Community gardens
6.
Recreational use and exercise areas
7.
Any other use or uses sponsored by the Town of Cochiti Lake or any
public agency that are consistent with the purposes of this Ordinance
and within the designated Public District zoning area (P).
ARTICLE VII.
GENERAL ZONING STANDARDS
Section 7.1 Construction
Standards
The purpose of this section is to promote the general welfare of the
residents of the Town of Cochiti Lake and the general public by
providing for the protection of their lives, property, and economic
well-being against substandard or hazardous construction, alteration,
installation, connection, demolition or repair work. Further, this
section will prescribe the minimum qualifications of contractors doing
work within the Town, as well as standards of construction, in order to
ensure that all construction located within the Town equals or exceeds
recognized standards of building construction. These construction
standards include the following:
1.
The Declaration of Protective Covenants, dated May, 1972, shall prevail
in all sections of this Ordinance. These Covenants describe
“Restrictions” which run with the lots and apply to all sublessees of
record and their executors, administrators, heirs at law, successors and
assigns.
2.
All construction shall be according to the provisions of the latest
editions of the following codes: the Uniform Building Code as published
by the International Conference of Building Officials; the New Mexico
Building Code; the National Electrical Code as adopted by the State of
New Mexico Electrical Board; and the New Mexico Plumbing and Natural Gas
Codes. The regulations shall be modified to incorporate amendments and
additions to these codes as they are made and recognized in New Mexico.
3.
All permits and approvals shall be issued to and utilized by contractors
appropriately licensed by the State of New Mexico. A Homeowner’s Permit
or any other permit allowed by law, rule or regulation of the
Construction Industries Division of the State of New Mexico may be
issued as provided in Section 60-13-3.D of the New Mexico Construction
Industries Licensing Act or the Construction Industries Division of
Rules and Regulations.
4.
All new home construction requires the written approval of the
Architectural Committee of CCDC and the Cochiti Lake Board of Zoning
Adjustment. Any permits required by Sandoval County or the State of New
Mexico are the responsibility of the owner and/or builder. The Town of
Cochiti Lake permit fee for new home construction is $100.00.
The following Building Permit Regulations apply within the Town of
Cochiti Lake:
1.
A building permit must be issued by the Town of Cochiti Lake before
construction on any building is allowed to begin. Application for this
permit shall be made by the contractor to the Town Clerk. The
application must be accompanied by a State-issued building permit, a
receipt from the Town Clerk showing payment of an established permit
fee, a proposed site or plot plan indicating the positioning of the
proposed building and clearances of all lot lines and location of sewer
lines, and a letter showing approval of the building and plans from the
Architectural Committee of CCDC.
2.
The Town Clerk will forward all papers to the Board of Zoning Adjustment
for review and approval. Upon approval, three members, including the
chair, will sign the permit and return all papers to the Town Clerk.
3.
If the Board of Zoning Adjustment does not approve the application, all
papers shall be returned to the contractor, together with an explanation
of the reason(s) for disapproval and the corrective measures needed to
gain approval.
4.
Building permits will be countersigned by the Mayor and issued to the
contractor.
5.
Building permits will be prepared in triplicate. One copy will be posted
in a conspicuous place on the building site by the contractor, one copy
will be retained in the Town files, and one copy will go to CCDC.
6.
In the event any construction is started without a permit having been
issued, the contractor will stop all construction until a permit has
been issued, and will pay an additional fee of $100 to the Town Clerk.
7.
A copy of this Ordinance shall be provided by the Architectural
Committee to each contractor requesting approval of building plans.
8.
Failure to comply with any of the above regulations shall result in the
refusal, by the Board of Zoning Adjustment of the Town of Cochiti Lake,
to issue building permits to the non-complying contractor until all
deficiencies have been corrected and/or unpaid fees, taxes, or other
monies owed the Town have been paid.
The following regulations apply to any alterations to property within
the Town of Cochiti Lake:
1.
Approval from the Architectural Committee of CCDC must be obtained prior
to the start of any and all construction which will, in any way, result
in greater height, a higher proportion of lot coverage, alteration of
existing structural configuration, or increase the living space in any
existing building.
2.
Approval from the Cochiti Lake Board of Zoning Adjustment must be
obtained prior to the start of any and all construction which will, in
any way, result in greater height, a higher proportion of lot coverage,
alteration of existing structural configuration, or increase the living
space in any existing building.
3.
All external alterations, such as room additions, storage sheds, fences,
portals, walls and garages, shall comply with all setbacks as required
in Section 7.4 of this Ordinance, and shall require the approval of the
Architectural Committee of CCDC and the Cochiti Lake Board of Zoning
Adjustment. The Town of
Cochiti Lake permit fee for room additions, storage sheds, landscaping,
fences, portals, walls and garages is $25.00.
Section 7.4
Residential Site Requirements
The purpose of this section is to prescribe setback and other general
requirements in all residential zoning districts(R-1 and R-T).
In District R-1 the following regulations shall apply:
1.
Minimum site area shall be six thousand (6,000) square feet.
2.
Minimum average site width shall be sixty (60) feet.
3.
Minimum front yard setback shall be twenty (20) feet.
4.
Minimum side yard setback shall be five (5) feet.
5.
Minimum rear yard setback shall be fifteen (15) feet.
6.
Corner lots shall have no less than a ten-(10) foot setback from the
side street, and the narrower of the corner setbacks shall be the front
of the lot.
7.
Maximum building height shall be thirty-five (35) feet and no more than
two (2) stories.
8.
There shall be a minimum of two (2) parking spaces located in the front
yard setback.
9.
On irregularly shaped lots or on lots with yards that have changes of
elevation of ten (10) feet or more, measured from a point fifty (50)
feet from the front property line, a reduction of front setback
requirements of up to seventy-five percent (75%) may be permitted.
10.
Patios and patio covers may locate in the rear yard setback but must
maintain a ten- (10) foot setback from the rear property line and a
five- (5) foot setback from the side property line.
11.
Two lots may not be developed as a single unit.
12.
All structures built on undeveloped lots shall have at least one full
bathroom and one full kitchen contained in the building, and shall
conform to all requirements of this Ordinance and the requirements of
the Architectural Committee of CCDC.
In District R-T the following regulations shall apply:
1.
Minimum site area shall be one thousand eight hundred seventy-five
(1,875) square feet.
2.
Minimum average site width shall be twenty-five (25) feet.
3.
Minimum front yard setback shall be four (4) feet.
4.
Minimum side yard setbacks shall be zero (0) feet.
5.
Minimum rear yard setback shall be twenty (20) feet.
6.
Maximum building height shall be thirty-five (35) feet and no more than
two (2) stories.
7.
Minimum parking spaces per unit shall be two (2) and shall be included
within said unit.
8.
Patios and patio covers may locate in the rear yard setback but must
maintain a ten-(10) foot setback from the rear property line, with no
requirement for side yard setback.
9.
Two lots may not be developed as a single unit.
10.
Corner lots shall have no less than a ten-(10) foot setback from the
side street, and the narrower of the corner setbacks shall be the front
of the lot.
11.
All structures built on undeveloped lots shall have at least one full
bathroom and one full kitchen contained in the building, and shall
conform to all requirements of this Ordinance and the Architectural
Committee of CCDC.
12.
All newly constructed townhouses shall have double interior walls
between individual units.
13.
There shall be a minimum of two (2) off-street parking spaces for every
newly constructed townhouse.
Section 7.5 Parking and
Loading
The purpose of this section is to provide standards for the Town of
Cochiti Lake’s public and private streets, avenues, byways, roadways and
parking areas. The intent of these standards is to prevent congestion or
disfigurement of public and private streets and to promote the safety
and welfare of all town residents and visitors. The following standards
apply:
1.
On-street parking is allowed unless designated “no parking,” “loading
zone,” or by a posted sign or painted curb.
2.
Parking cannot obstruct or create a hazard for a resident or obstruct
the right-of-way for police, fire, ambulance and other emergency or
public vehicles.
3.
Parking cannot obstruct a driveway or public right-of-way.
4.
Each Single Family Residence (R-1) must have a minimum of two (2)
parking spaces.
5.
No parking shall be permitted in side yard setbacks.
6.
All recreational and utility vehicles including, but not limited to,
campers, RV’s, trailers, motor homes, boats and other watercraft,
trailers or oversized vehicles must be stored at the town maintenance
yard, the CCDC storage lot, or another storage facility.
Storage may be in an owner’s backyard or garage, provided the
stored vehicle is out of sight of other homes or lots.
7.
Unlicensed vehicles, trailers, boats, RV’s, watercraft or any licensable
entity without current tags will be considered abandoned and may not be
parked anywhere within the Town of Cochiti Lake.
8.
No semi truck cabs (pull tractors) and their trailers or other oversized
commercial vehicles may be permanently parked in the Town of Cochiti
Lake.
9.
No parking is allowed on greenbelt, right-of-way property or vacant
lots.
10.
In public parking areas within zoning district “P,” there will be one
parking space for every two employees and one additional space for every
two volunteers during scheduled work periods.
11.
Parking for residents and visitors in the public zoning district “P” is
in designated parking spaces surrounding the building or on the street.
12.
When new parking spaces for public district “P” are calculated, any
fractional number will be adjusted downward to create a whole space of
adequate size to allow automobile and/or truck parking.
13.
Vehicles may not park on town
property, public zoning district “P,” for more than twenty-four (24)
hours.
PARKING VIOLATIONS:
A violation of any part of the parking section (7.3) of this Zoning
Ordinance will result in a certified letter from the Town of Cochiti
Lake to the
vehicle owner of record. The letter will
state the nature of the violation and notify the violator to take
appropriate corrective action. If correction is not made within seven
(7) days, the Town of Cochiti Lake will request the Sandoval County
Sheriff’s Department to issue a citation to the violator. After the
issuance of a citation, failure to respond to the request for corrective
action within seventy-two (72) hours will result in the violator’s
vehicle being towed away at the violator’s expense.
Repeat violations by a vehicle owner/resident will result in an
immediate citation and towing of the vehicle at the owner’s expense.
FEES FOR VIOLATIONS:
Correction made after 7-day notice
No Fee
Citation by Sandoval County
Fee set by Sandoval County
Towing
Citation fee plus towing expense
Section 7.6 Landscaping
Regulations
The purposes of these standards are to prevent erosion and other adverse
environmental effects resulting from land development activities and to
provide for proper landscaping drainage, grading and maintenance of all
sites developed for human use or occupancy.
1.
All landscape plans and landscaping related to new home construction,
home remodel or fence or shed construction must be approved by the
Architectural Committee of CCDC and the Board of Zoning Adjustment of
the Town of Cochiti Lake. The Town of Cochiti Lake permit fee for
landscaping is $25.
2.
All persons developing or improving land or constructing any structure
on land shall take whatever actions are necessary to preserve and
protect existing vegetation. Such persons shall protect and preserve or
cause to be protected and preserved insofar as reasonably practical the
maintenance of such development, improvements and structures.
3.
Replacement vegetation provided adjacent to public open spaces shall
consist of native plants indigenous to the area.
4.
In areas not adjacent to public open spaces or in the Memorial Garden,
plants not indigenous to the area may be permitted provided that proper
environmental safeguards are observed to ensure no damage occurs to
existing native plants.
5.
No female Cottonwood trees, Russian Olive trees or Chinese Elm trees
shall be permitted in any landscape.
6.
In no event shall any fence restrict, interfere with or block any
significant view from on or off the site. In no case shall any fence be
higher than six (6) feet. All fences in any landscape plan shall be
suitable in design and appearance and of suitable materials and approved
by the Architectural Committee and shall comply with this Zoning
Ordinance.
Section 7.7 Animal Regulations
The purpose of this section is to provide standards for animals and
protect and enhance the character and nature of residential areas. The
following standards shall apply in all areas, R-1,
R-T, GB and P.
1.
No livestock, poultry, swine or other animals shall be raised or bred.
2.
It is unlawful for any person to allow or permit any animal to run at
large in or on any street, arroyo, sidewalk, vacant lot, “greenbelt,” or
other unenclosed space within the Town of Cochiti Lake.
Any animal permitted to run at large in violation of this section
is declared to be a nuisance, a menace to the public health and safety,
and the owner(s) will be issued a citation by Sandoval County Animal
Control.
3.
Residents may keep, for their personal enjoyment, a reasonable number of
household pets such as, but not limited to, cats, dogs and birds. All
pets, at all times, shall be under the control of the owner either by
leash, inside the home, or in fenced confinement.
4.
It is unlawful to chain an animal to a stationary post, pole, or other
immovable object by means of any instrumentality or other extension
device, including, but not limited to, a
chain, tether, coil or rope, and leaving such animal unattended
for more than one hour in a twenty-four (24) hour period. During any
temporary tethering, animals will be provided adequate shelter, food and
water.
5.
It is unlawful for any person to keep or harbor a vicious animal in the
Town of Cochiti Lake. A vicious animal means any animal which shall bite
or in any other manner attack or attempt to attack any person or other
animal. Any animal that bites, attacks or attempts to attack any person
or other animal while on its owner’s or keeper’s premises, or which is
provoked to attack, shall not be deemed a vicious animal.
6.
It is unlawful for any person to allow pets to bark or howl unreasonably
or otherwise disturb the peace and quiet of the residents of the Town of
Cochiti Lake. Further, it is unlawful for any person to keep or be
allowed to keep animals in such a manner as to allow noxious or
offensive odors to emanate from their property or otherwise endanger the
health and welfare of the residents of the Town of Cochiti Lake.
7.
All animal refuse and deposits are the responsibility of the animal’s
owner and should be cleaned up and properly disposed of by the owner.
8.
It shall be unlawful to intentionally trap a pet that has a collar or
other identifying tag. No person shall remove any collar, or tag, from
the collar of any animal without the owner’s consent.
9.
Violations related to domestic animals in the Town of Cochiti Lake
covered by section 7.7 of this Zoning Ordinance and by Sandoval County
Ordinance #02-02-21.8B will be enforced by the Sheriff’s Department of
Sandoval County. Sandoval County Animal Control officers shall have the
authority to issue citations.
Section 7.8 Residential
Maintenance
The purpose of this section is to remind residents of their
responsibilities for residential maintenance and upkeep as stated in the
Protective Covenants.
1.
All lots and structures shall be maintained, used and constructed so as
not to be annoying or unsightly or a nuisance or constitute a violation
of state, federal or local laws, regulations or restrictions or disturb
the peace and comfort of other occupiers.
2.
No refuse, junk, or abandoned vehicles of any kind shall be kept on any
lot within the Town of Cochiti Lake.
3.
All clotheslines, garbage cans, equipment, coolers, wood piles and
storage piles shall be concealed from the view of neighboring lots and
streets.
Section 7.9
Discharge of Firearms
1.
It shall be unlawful for any person, firm, corporation or other entity
to discharge any firearm or projectile within the limits of the Town of
Cochiti Lake, including, but not limited to, handguns, rifles, shotguns,
BB guns, air or gas-powered pellet guns, arrows, or any other projectile
from either a gun or any other instrumentality. This prohibition shall
not be construed to prohibit any police officer or other officer of the
law from discharging a firearm or other projectile in the performance of
their duty.
2.
Unlawful discharge of firearms within the Town of Cochiti Lake shall be
punishable by a fine of up to $1,000 for the first violation and $2,500
for a second or subsequent violation. Each incident in violation of
Section 7.9 constitutes a separate violation.
ARTICLE VIII.
SIGN REGULATIONS
The purpose of this section is to control signage within the Master
Lease premises of the Town of Cochiti Lake pursuant to resolution of the
Board of Directors of the Cochiti Lake Community Development Corporation
on August 22, 1989.
Enforcement of Town of Cochiti Lake sign regulations is the sole
responsibility of CCDC.
1. A nameplate not
more than one (1) square foot in area, non-illuminated, shall be
permitted on the premises of any home in the Town of Cochiti Lake to
identify a single family home.
2. One real-estate
sign, advertising a residence “For Sale,” of not more than six (6)
square feet in area and four (4) feet in height, non-illuminated, shall
be permitted on the premises for sale or lease.
Such sign shall be removed by the buyer or lessee within fifteen
(15) days after the close of escrow, rental or lease. “Pointer” signs
giving directions to an open house or a house for sale must be permitted
by the Cochiti Community Development Corporation pursuant to Section
8.2.
3. No sign shall be
attached or affixed to any natural object.
Section 8.2 Temporary Signs
1. A temporary sign of
any nature, character or purpose (political, seasonal, garage sale,
etc.), non-illuminated and not more than six (6) square feet in area and
four (4) feet in height may be permitted on the premises upon receipt of
a permit from the Cochiti Community Development Corporation office.
2. Temporary signs
shall be completely removed within six (6) months from the date on which
a permit is issued.
3. No sign may be
attached or affixed to any natural object.
Section 8.3 Commercial Signs
1. Commercial/Business
signs advertising or marketing any nature of professional services shall
not be permitted on any lot in the Town of Cochiti Lake.
Section 8.4 Emergency Signs
1. Illuminated signs
for emergency purposes (damage, repair, and maintenance) are allowed
when placed there by the Pueblo de Cochiti, The Town of Cochiti Lake or
Sandoval County Road Crews.
Section 8.5 Unauthorized Signs
1. Any sign which does
not conform to these standards is deemed a trespass, unless the prior
approval of the Cochiti Community Development Corporation Board of
Directors has been obtained for the specific sign.
2. Any unauthorized
sign shall be removed and confiscated by Cochiti Community Development
Corporation. The owner of any unauthorized sign may redeem it by paying
Cochiti Community Development Corporation for costs and storage.
ARTICLE IX. BOARD OF
ZONING ADJUSTMENT
Section 9.1
Establishment and Membership
1. Pursuant to Article
X, Section 1000, of the Charter of the Town of Cochiti Lake, there is
hereby established a Board of Zoning Adjustment which shall consist of
five (5) members, appointed by the Town Assembly.
The members shall serve for overlapping terms of three years or
thereafter until their successors are appointed, except that the
original appointments shall be one for one year, two for two years and
two for three years.
Vacancies on the Board shall be filled for the unexpired term in the
same manner as for any other appointment to a board or commission of the
Town.
2. Three members of
the board constitute a quorum.
The chairman shall be designated by the Town Assembly after a
vote of the Board of Zoning Adjustment to recommend a chair to the
Assembly. Members shall be
removed for cause by the Town Assembly upon written charges and after
public hearing. Members
shall receive no compensation for services rendered in the normal course
of business of the board, provided that expenses incurred by board
members in performance of their duties shall be recoverable from the
Town of Cochiti Lake in an amount not exceeding twenty-five dollars
($25.00) per board meeting.
3. All board members
shall be residents of the Town of Cochiti Lake.
4. The board shall
keep minutes of its proceedings, showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact,
and shall keep permanent records of all of its recommendations,
decisions and actions. Such
records shall be open for public inspection under such reasonable
conditions as the board shall determine appropriate.
5. The board shall
meet at such times and at such places within the Town of Cochiti Lake as
are necessary to accomplish the purposes of this Ordinance.
6. The board shall, by
general rule, adopt such rules, regulations and policies as are
necessary to administer and enforce the provisions of this Ordinance.
A majority vote of all of its members shall constitute approval
of an application or of a motion or any other matter requiring board
approval.
7. The board, any
members of the board, or any combination thereof that is a quorum, may
meet with an applicant for submission of an application, provided that
no statements or representations made in such meeting shall be binding
on the board, or any members of the board.
Section 9.2 Powers and Duties
The Board of Zoning Adjustment shall have the following powers and
duties:
1. Unless and until a
separate and distinct planning commission is established by the Town
Assembly, may act as the planning commission for the Town of Cochiti
Lake and may exercise all powers granted to municipal planning
commissions under appropriate New Mexico
State enabling legislation;
2.
May act as the Zoning Commission of the Town of Cochiti Lake;
3. To administer and
to enforce the provisions of this Ordinance in accordance with the
manner provided by the Town Assembly;
4. To exercise any
other additional powers that the Town Assembly may delegate to it.
Section 9.3
Zoning Administration
The Board of Zoning Adjustment, after appointment by the Town Assembly,
shall be the administration for itself.
ARTICLE X
ZONING PROCEDURES
Section 10.1 Amendments
1. Whenever the public
necessity, convenience and general welfare require, the Town Assembly
may, by Ordinance, amend any part of this Ordinance.
Such amendments may include classifications of property,
reclassifications of property (changes in zoning district boundaries),
changes in the text of this Ordinance or establishment, abolition or
modification of a setback line.
The procedures for amendments shall be as specified in this
section and the Applications and Hearings sections.
2. An amendment may be
initiated by the Town Assembly or by a resolution of intention by the
Board of Zoning Adjustment or, except for changes in the text of the
Ordinance, by application of one or more interested lessees or
sublessees of property or their interested agents.
An interested lessee or sublessee is hereby defined as the lessee
or sublessee of real property that is within the area included in the
application.
3. The Board of Zoning
Adjustment shall hold a public hearing on the proposed amendments.
If, following its hearing, the Board finds from the facts
presented that the public necessity, convenience and general welfare
require the proposed amendment or any part thereof, it shall approve
such amendment or part; otherwise, it shall disapprove the same.
If approved by the Board in whole or in part, the proposed
amendment or part shall be presented to the Town Assembly together with
a copy of the resolution of approval, and the Town Assembly may adopt
such amendment, or part, by a majority vote.
Disapproval of the proposed amendment, or part, by the Board may
be appealed in a public hearing conducted by the Town Assembly.
4. In all cases, the
action of the Board of Zoning Adjustment shall be final, except upon the
filing of a valid appeal to the Town Assembly as provided in Section
10.6 appeals, in the case of a proposed amendment or part that had been
initiated by application to reclassify property or to establish, abolish
or modify a setback line.
5. No application for
a building permit on any property line or for any other permit or
license for a new use of any property filed subsequent to the day that
an application has been filed or resolution of intention has been
adopted for the reclassification of such property or for the
establishment or change of a building setback line thereon, shall be
approved by the Town Assembly while proceedings are pending on such
reclassification or establishment or change of setback line, unless the
construction and use proposed under that permit or license would conform
both to the existing classification of such property or setback line
thereon and also to the different classification or setback under
consideration in those proceedings; provided that if final action on
such reclassification or establishment or change of building setback
line has not been taken by the Town Assembly in one year after the start
of the proceedings, conformity to the different classification or
setback under consideration shall no longer be required.
Section 10.2 Conditional Uses
1. The Board of Zoning
Adjustment shall hear and make determination regarding applications for
the authorization of conditional uses in the specific situations for
which such authorization is specified elsewhere in this Ordinance.
The procedures for conditional uses shall be as specified in this
section and in Section 10.5, “Hearings.”
2. A conditional use
action may be initiated by application of a lessee, a sublessee, or
authorized agent for the lessee or sublessee of the property for which
the conditional use is sought.
3. After its public
hearing on the application, the Board of Zoning Adjustment may approve
the application and authorize a conditional use if the facts presented
are such to establish that the proposed use or feature, at the size,
height, bulk and intensity contemplated and at the proposed location, is
compatible with the neighborhood or its street.
4. That such use or feature
as proposed will not be detrimental to the health, safety, convenience
or general welfare of persons residing in the vicinity or injurious to
property, improvements or potential construction in the vicinity, with
respect to aspects, including the following:
a) The nature of the
proposed site, including size and shape and the proposed size, shape and
arrangement of structures;
b) The accessibility
and traffic patterns for persons and vehicles, the type and volume of
such traffic, and the adequacy of proposed off-street parking;
c) The safeguards
afforded to prevent noxious or offensive emissions such as noise, glare,
dust and odor;
d) Treatment given, as
appropriate, to such aspects as landscaping, screening, open spaces,
parking, service areas, lighting and signs;
e) That such use or
feature as proposed will comply with the applicable provisions of this
Ordinance and will not adversely affect the Architectural Committee
rules or the Covenants.
5.
An action of the Board of Zoning Adjustment, in either approving
or disapproving the application, shall be final except upon the filing
of a valid appeal to the Town Assembly as provided in Section 10.6 of
this Ordinance.
6.
When authorizing a conditional use as provided herein, the Board
of Zoning Adjustment or the Town Assembly on appeal, shall prescribe
such additional conditions, beyond those specified in this Ordinance as
are in its opinion necessary to secure the objectives of the Ordinance.
Once any portion of the conditional use authorization is
utilized, all such conditions pertaining to such authorization shall
become immediately operative.
The violation of any condition so imposed shall constitute a
violation of this Ordinance and may constitute grounds for revocation of
the conditional use authorization.
Such conditions may include time limits for exercise of the
conditional use authorization; otherwise, any exercise of such
authorization must commence within a ninety-(90) day period.
7. Authorization of a
change in any condition previously imposed in the authorization of a
conditional use shall be subject to the same procedures as a new
conditional use.
8. Whenever any
conditional use has been established as authorized the use or feature
authorized may continue so long as it is not changed to another use or
feature, or discontinued for a continuous period of one year, or
otherwise abandoned. Any
restoration of a use or feature so abandoned, and any change to another
use or feature that is classified as a conditional use in the district
in which it is located, shall be permitted only if authorized through
the same procedures as a new conditional use.
Where a use or feature classified as a conditional use in the
district in which it is located lawfully exists at the effective date of
this Ordinance, such use or feature shall be deemed to be a permitted
conditional use without further authorization.
9. Conditional use
permits are terminated upon transfer of the lease.
Section 10.3
Variances
1. The Board of Zoning
Adjustment, at the written request of a lessee or sublessee, may grant a
variance from the requirements established by this Ordinance.
2. All variances from,
or modification of, any provision or requirement of this Ordinance shall
be approved by the Board of Zoning Adjustment pursuant to the provisions
of this Section 10.3.
3. The purpose of a
variance from the requirements of this Ordinance is to allow variation
from, and modification of, the strict application of the requirements of
this Ordinance, where by reason of the shape, design or configuration of
the specific property, or other extraordinary situations or conditions
of such property, or of the use or development of property immediately
adjoining the property in question, the literal enforcement of the
requirements of this Ordinance would involve serious practical or
technical difficulties or would cause undue hardship unnecessary to
carry out the spirit, intent and purpose of this Ordinance.
The Board of Zoning Adjustment shall have the power to grant such
variances only to the extent necessary to overcome such serious
practical or technical difficulties or unnecessary hardships.
4. No variance shall
be granted in whole or in part whose effect would be substantially
equivalent to a significant revision in the requirements contained in
this Ordinance or which would permit any land use not otherwise
expressly permitted at that subject location, or which would be
substantially equivalent to a reclassification of property.
5. A variance action
may be initiated by application of the lessee or sublessee or an
authorized agent for such lessee or sublessee of such property for which
the variance is sought.
6. Whenever a variance
is required for a proposal also requiring a conditional use permit,
application for the variance shall be included in the application. Such
conditional use permit shall be processed and considered as part of said
application.
7. The Board of Zoning
Adjustment shall hold a public hearing on the application.
No variance shall be granted in whole or in part unless there
exists, and the Board of Zoning Adjustment specifies in its findings as
part of a written decision, facts sufficient to establish:
a. That there are
exceptional or extraordinary circumstances applying to the property
involved or to the intended use of the property that do not apply
generally to other property or uses in the same class of district;
b. That owing to such
exceptional or extraordinary circumstances the literal enforcement of
specified provisions of this Ordinance would result in practical
difficulty or unnecessary hardship not created by or attributable to the
applicant of the property;
c. That such variance
is necessary for the preservation and enjoyment of a substantial
property right of the subject property, possessed by other property in
the same class of district;
d. That the granting
of such variance will not be materially a detriment to the public
welfare or materially injurious to the property or improvements in the
vicinity; and
e. That the granting
of such variance will be in harmony with the general purpose and intent
of this Ordinance and will not adversely affect the Architectural
Committee rules or the Covenants.
8. The action of the
Board shall be final, except upon the filing of a valid appeal to the
Town Assembly as provided in Section 10.5, Hearings.
9. In granting any
variance as provided herein, the Board of Zoning Adjustment or the Town
Assembly on appeal, shall specify the character and extent thereof, and
shall also prescribe such conditions as are necessary to secure the
objectives of this Ordinance.
Once any portion of the granted variance is utilized, all such
specifications and conditions pertaining to such authorization shall
become immediately operative.
The violation of any specification or conditions so imposed shall
constitute a violation of this Ordinance and may constitute grounds for
revocation of the variance.
Such conditions may include time limits for exercise of the granted
variance; otherwise, any exercise of such variance must commence within
a ninety-day (90) period.
Section 10.4
Applications
1. The Board of Zoning
Adjustment shall prescribe the form of applications for amendments,
conditional uses and variances.
2. All applications
shall be filed with the Town Clerk.
The Board of Zoning Adjustment shall, by general rules, establish
rules and regulations to govern the filing of applications with the
Board.
3. The content of
applications shall be in accordance with the policies, rules and
regulations of the Board of Zoning Adjustment.
All applications shall be upon forms prescribed therefore, and
shall contain or be accompanied by all information required to assure
the presentation of pertinent facts for proper consideration of the case
and for the permanent record.
The applicant may be required to file with the application the
information needed for the preparation and mailing of notices as
specified in Section10.5 (Hearings) of this Ordinance.
4. Each application
filed by or on behalf of one or more applicants shall be verified by at
least one such applicant or authorized agent attesting to the truth and
correctness of all facts, statements, and information presented.
5. Before accepting
any application for filing, the Board shall charge a non-refundable fee
as follows:
a. For each
application for a variance, the filing fee shall be $50, plus
administrative and legal fees.
b. For each
application for authorization of a conditional use the filing fee shall
be $50 plus administrative and legal fees.
Section 10.5
Hearings
1. When an action for
an amendment, conditional use or variance has been initiated by
application or otherwise, the Board of Zoning Adjustment shall set a
time and place for a hearing thereon within a reasonable period.
a. Notice of the time,
place and purpose of such public
hearing shall be given pursuant to appropriate New
Mexico state enabling legislation and shall be given in a
manner calculated to give full opportunity to all known
interested parties and to the general public to attend such
hearings and to participate in the matters at issue therein.
b. Such notice of a
public hearing on a proposed
amendment to this Ordinance shall be sent by certified
mail, return receipt requested, to lessees or sublessees
of land within the area proposed to be changed by a
zoning regulation.
c. In all other
instances when such a public hearing is to
be held pursuant to the provisions of this Ordinance, such
notice shall be given by publication in a newspaper of
general paid circulation in the area of the Town or
County. Such notice shall
be published at least twice.
The first such notice shall be published at least fifteen
(15) days prior to the date of the hearing.
d. In all instances,
such notice of the public hearing shall be sent by certified mail,
return receipt requested, to the applicant or other person initiating
the action.
e. The Board of
Zoning Adjustment shall be authorized to give notice of such public
hearing in any other manner considered appropriate.
2. In all actions for
amendments, conditional uses and variances the Board of Zoning
Adjustment shall make all necessary investigations and studies and
submit findings to the Assembly of the Town of Cochiti Lake at the time
of the hearing.
3. A record shall be
kept of the pertinent information presented at the hearing on any action
for an amendment, conditional use or variance, and such record shall be
maintained as a part of the permanent public records of the Board of
Zoning Adjustment.
4. The Board of Zoning
Adjustment shall render a written decision specifying the reasons for
the Board action on an application for amendment, conditional use or
variance within sixty (60) days of the date of filing the application.
Such time limitation may be extended upon agreement between the
parties. A copy of such decision
shall be sent by certified mail, return receipt requested, to the
applicant.
5. In the event that
an application for an amendment, conditional use or variance shall be
denied by the Board of Zoning Adjustment or by the Town Assembly, no
application proposing an amendment, conditional use or variance, the
same or substantially the same as that which was disapproved, shall be
resubmitted to or reconsidered by the Board of Zoning Adjustment or the
Town Assembly within a period of one year from the effective date of
final action upon the earliest application.
Section 10.6
Appeals
1. Appeals to the Town
Assembly from decisions of the Board of Zoning Adjustment shall be taken
pursuant to the provisions of appropriate New Mexico state enabling
legislation and to provisions of this Ordinance.
2. Any aggrieved
person may file an appeal from the Board of Zoning Adjustment decision
on an application for an amendment, conditional use or variance with the
Town Assembly. Such appeal
shall be filed within seven (7) working days of the date of the decision
of the Board. Such appeal
shall state with specificity the alleged error or abuse of discretion by
the Board. An appeal,
validly filed, shall stay all proceedings in furtherance of the action
appealed from.
3. The Town Assembly,
pursuant to its rules and regulations for public hearings, shall hold a
public hearing on the appeal within thirty (30) days from the day the
appeal was filed. The Town
Assembly shall establish the rules governing filing of such appeals.
4. The Town Assembly,
after conclusion of the public hearing, by majority vote of all of its
members, shall either approve or disapprove of the action by the Board.
In the event that the Town Assembly disapproves of the action of
the Board, it shall prescribe in its resolution such conditions as are,
in its opinion, necessary to secure the objectives of this Ordinance.
ARTICLE XI
ENFORCEMENT
Section 11.1
Enforcement
1. The Board of Zoning
Adjustment shall have the authority to enforce this Ordinance against
violations thereof by any or all of the following actions:
a. To serve notice
upon the lessee or sublessee of the property involved requiring the
cessation, removal or correction of any use or feature in violation of
this Ordinance;
b. To call upon the
attorney for the Town of Cochiti Lake to maintain an action for
injunction to restrain or abatement to cause the correction or removal
of any such violation;
c. To call upon the
Sandoval County Sheriff’s Office to enforce Town of Cochiti Lake parking
regulations and Sandoval County animal control regulations.
2. The Town Assembly,
on its own initiative or upon request of the Board of Zoning Adjustment,
in enforcing this Ordinance, shall exercise the full extent of powers
granted pursuant to the Town Charter.
ARTICLE XII
EFFECTIVE DATE
DULY ENACTED THIS _____________ DAY OF ____________ , 20109 BY THE
ASSEMBLY OF THE TOWN OF COCHITI LAKE AT A DULY CALLED MEETING THEROF, AT
WHICH A QUORUM WAS PRESENT, _____ VOTING FOR AND _____ OPPOSED. THIS
ORDINANCE SUPERCEDES AND
CANCELS ORDINANCE 1982-2 AND ALL SUBSEQUENT AMENDMENTS.
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