§ 18. Special Use Permit Regulations.

A.

By Special Use Permit, the Bernalillo County Planning Commission may authorize the location of uses in which they are not permitted by other sections of this ordinance; the Bernalillo County Planning Commission may likewise authorize the increase in height of buildings beyond the limits set by previous sections of this ordinance or vary any other minimum standard it deems necessary provided it remains consistent with the intent of this ordinance. With such permits, the Bernalillo County Planning Commission may impose such conditions and limitations as it deems necessary:

1.

To ensure that the degree of compatibility of property uses which this section is intended to promote and preserve shall be maintained with respect to the special use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located;

2.

To ensure that the proper performance standards and conditions are, whenever necessary, imposed upon uses which are, or which reasonably may be expected to become, obnoxious, dangerous, offensive or injurious to the health, safety, or welfare of the public, or a portion thereof, by reason of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances;

3.

To preserve the utility, integrity and character of the zone in which the use will be located, without adversely affecting adjacent zones; and

4.

To ensure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.

5.

A Special Use Permit may not be granted for lots zoned SD or PC, unless prescribed in their applicable plan.

B.

Such Special Use Permits may authorize only the following uses:

1.

Airport.

2.

Amusement park of a permanent character, including kiddieland, children's playland, and children's amusement park.

3.

Asphalt and batching plant. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

4.

Auction yard. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

5.

Automobile dismantling yard or similar use. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

6.

Baseball batting range, provided the area is fenced or otherwise designed to prevent balls from being batted off the premises.

7.

Cemetery, including columbarium, mausoleum, or crematory, provided that any site for a new cemetery shall contain at least ten acres.

8.

Contractor's yard, Contractor's equipment storage. (Properties zoned C-1, C-2, CLI or as provided in 18.A.32)

9.

Drilling, production, or refining of petroleum, gas or hydrocarbons.

10.

Drive-in theater, provided it complies with the following requirements:

a.

Ingress and egress for any site abutting a state highway shall be given in writing by the New Mexico Department of Transportation. Otherwise, such approval shall be given in writing by the County Manager or his representative.

b.

Reservoir off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least 30 percent of the vehicular capacity of the theater.

c.

Any building or structure shall be at least 50 feet from any street on any side where ingress or egress is permitted.

d.

Any area of the site accessible to vehicles or patrons shall be surfaced with gravel, oil or other higher type paving, except that any reservoir off-street standing space or side service road shall be surfaced with bituminous or other higher type paving where such space or road connects with a public way, as required by the County Planning Commissioners.

e.

Any screen less than 500 feet from a county arterial or State Highway shall be so located or shielded that the picture surface cannot be seen from such highway.

f.

The site shall be enclosed with a solid wall or fence at least six feet high, except that vision clearance must be maintained at all intersections or entrances and exits with public ways as specified for street intersections in Section 4.F. of this ordinance.

g.

Any adult theater is not:

(1)

Located within 2,000 feet from the nearest residential use or from any church or pre-elementary, elementary, or secondary school, or licensed Day Care Center.

(2)

Located within 2,000 feet from any of the following uses: adult amusement establishment, adult bookstore, adult photo studio, and adult theater.

11.

Feedlot, provided it complies with the following minimum requirements:

a.

Location. In areas designated as Rural and with a minimum lot size of two acres.

b.

Feedlot facility must provide for:

(1)

Proper disposal of animal excrement.

(2)

Eradication of pests by chemical or scientific means.

(3)

On-site management of storm water and surface water is required to avoid pollution and/or illicit discharge to any stream, arroyo, irrigation ditch or channel, or river as determined by the Bernalillo County Stormwater Ordinance.

(4)

Mechanical means for scraping, cleaning and grading feedlot premises at all times.

(5)

Review by appropriate local, state and federal agencies for feedlot design and location.

12.

Golf course.

13.

Golf driving range.

14.

Penal or Correctional Institution or mental health facility.

15.

Industrial park, that provides suitable sites for a wide range of industrial and commercial uses, provided uses are conducted in a compatible and harmonious manner within commercial and industrial environments achieved through a development plan and further provided it complies with the following requirements:

a.

Yard Requirements. Unless otherwise approved in the development plan, all buildings in the park shall conform to the following yard requirements:

(1)

Front Yard. There shall be a front yard having a minimum depth of 30 feet.

(2)

Side and Rear Yards. There shall be a minimum side and rear yards of 5 feet; provided, however, that any side or rear yard abutting a residence in an A-1, A-2, R-1, R-2, or M-H zone shall have a minimum depth of 15 feet.

b.

Building Height:

(1)

Buildings. The same regulations as in the C-2 zone except as provided in the Supplementary Height and Area Regulation Section of this ordinance.

c.

Maximum Lot Coverage:

(1)

Principal and accessory buildings may occupy no more than 60 percent of the lot area.

d.

Off-Street Parking. Parking requirements shall be as provided in the Off-Street Parking, Loading and Unloading Regulations Section of this ordinance, except that no parking shall be permitted in the required yard areas.

e.

Landscaping. The front yard setback area and all yards abutting residential zones shall be permanently devoted to and maintained for the growing of trees, shrubs, lawns, and plants or other form of landscape treatment, consistent with the Water Conservation Ordinance, and shall also meet the Landscaping and Buffer Landscaping Regulations Section of this ordinance.

16.

Mining, excavating, removing, processing, stockpiling, or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, or batching plant, provided it complies with the following requirements:

a.

All removal, stockpiling, processing or distribution activity shall be conducted in accordance with contemporary and sound engineering and stormwater best practices. All operations shall meet the requirements of the Bernalillo County Stormwater Ordinance.

b.

Land Rehabilitation. Under the provisions of this section, depleted land shall be rehabilitated in accordance with the following requirements:

(1)

Grading and backfilling shall be performed consistent with an approved grading and drainage plan and shall comply with the Solid Waste Ordinance, the Stormwater Ordinance and the Filling in Property Ordinance.

(2)

Graded or backfilled land shall not collect and permit stagnant water to remain therein.

(3)

Peaks and depressions of the area shall be reduced to a surface which will result in topography in substantial conformity to the land area immediately surrounding and which will minimize erosion caused by rainfall and runoff.

17.

Mobile home/manufactured home/Park Model Travel Trailer park, provided it complies with the following requirements:

a.

The average width for each mobile home, manufactured home /Park Model Travel Trailer space shall be a minimum of 40 feet.

b.

Each mobile home, manufactured home, or Park Model Travel Trailer space shall be required to maintain the following yard areas: Side-to-side spacing between mobile homes/manufactured homes/Park Model Travel Trailer shall be at least 20 feet, and back-to-back spacing shall be at least 15 feet. A 20-foot setback from the interior streets of the mobile home park shall be maintained. This area may be used for off-street parking. Minimum setback distances shall be measured from the sidewall of the mobile home, manufactured home unit or Park Model Travel Trailer, or from the attached or abutting cabana, carport, patio cover, ramada, or similar appurtenance.

c.

Any mobile home/manufactured home or Park Model Travel Trailer shall be located at least 25 feet from the right-of-way line of any street, and at least ten feet from any property line of the mobile home park. Minimum setback distances shall be measured from the sidewall of the mobile home, manufactured home unit or Park Model Travel Trailer, or from the attached or abutting cabana, carport, patio cover, ramada, or similar appurtenance.

d.

There shall be at least two automobile off-street, paved parking spaces for each mobile home/manufactured home or Park Model Travel Trailer. Parking may be tandem or side-by-side parking.

e.

All interior streets accessible to motor vehicles shall be paved with Blacktop or equal: Two inches of asphaltic concrete on a prime coat over a four-inch compacted subgrade, or a surface of equal or superior performance characteristics.

f.

A solid wall or fence, six feet high shall be maintained on all sides of the site. However, this requirement need not be met until a dwelling unit is built on the abutting A-1, A-2, R-1, R-2, and M-H zoned land.

g.

Driveways shall be at least 25 feet wide.

h.

Driveways shall be lighted, and the lights shall be so arranged as to reflect away from abutting property, street or alley.

i.

Sites shall be kept graded, drained, and free of rubbish and litter.

j.

The minimum lot size of any park shall be ten acres.

k.

On-premises signs as permitted and regulated in the C-1 Zone.

l.

Mobile homes/manufactured homes or Park Model Travel Trailer shall be skirted with materials visually compatible with the siding of the mobile home/Manufactured Home or Park Model Travel Trailer.

m.

A detached accessory structure or building, up to ten percent of the mobile home/ manufactured home or Park Model Travel Trailer space, may be permitted, as provided in the Supplementary Height and Area Regulation Section of this ordinance.

n.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

o.

Ten percent of the lot area shall be devoted to usable open space for recreational activities. Ponding and Drainage Areas shall not contribute to usable open space.

p.

Each newly developed Mobile Home/Manufactured Home or Park Model Travel Trailer park shall meet the requirements of the Water Conservation Ordinance. Individual wells or septic systems for each space are prohibited for those parks adopted after the effective date of this amendment.

q.

Any other condition imposed on the development.

18.

Truck Plaza.

19.

(For future use)

20.

Ore reduction, smelting.

21.

Overnight Campground, provided it complies with the following requirements:

a.

A campground shall have an area of not less than five acres and sites for no less than 15 recreational vehicles.

b.

The maximum gross density within a campground shall be 15 camp sites per acre. Land not accessible to campers shall not be included in the calculation of gross density.

c.

Campsites:

(1)

All recreational vehicles or tents parked or attached to the ground for use as an overnight accommodation shall be on a campsite, as defined by this subsection.

(2)

Each campsite shall be at least 1,650 square feet in area.

(3)

Each campsite shall provide parking space of adequate size to accommodate the vehicles allowed at the same site. Such parking space shall be so constructed that no portion of such vehicle shall extend onto any street within the campground.

(4)

a)

Campsites shall comply with the following minimum setback requirements:

(1)

From the perimeter of the campground: 20 feet.

(2)

From the boundary of a public right-of-way other than a local street: 100 feet.

b)

The minimum setback requirements above may be reduced if the campsite is totally obscured from sight from off [the] site by natural barriers or a solid wall or fence at least six feet high.

c)

Where a campground abuts a mobile home park, the minimum setback may be reduced to ten feet along the boundary between the mobile home park and the campground.

d.

Streets. A campground shall be serviced by a private street system, paved at least to the off-street parking regulations of this ordinance, and provide safe and convenient access to all camp sites. If such road system is for one-way traffic only, directional signs shall be installed.

e.

Screening. On any side of the premises, contiguous or across the street from a residential zone, a solid wall or fence at least six feet high shall be erected and maintained. However, this requirement need not be met until a dwelling unit is built on the residentially zoned land.

f.

Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this ordinance.

g.

A wastewater treatment system or method for disposal of human and septage waste and consistent with the County's wastewater ordinance shall be provided.

22.

Pet cemetery, provided that the site contains at least two acres.

23.

Planned Development Area, including residential uses or mixed residential and commercial uses provided the minimum development lot area is two acres and the applicant demonstrates the need to vary height, lot area, or setback requirements due to unusual topography, lot configuration, or site features in order to create cluster housing development, preserve visual or physical access to open space or unique site features, or to facilitate development as allowed by an approved Master Plan.

24.

Public building, Public utility structure, power plant, transformer yard, sewage treatment plant, sanitary solid waste incinerator, construction debris landfill, sanitary landfill and similar technical operations essential to public health and welfare. Public buildings used only for a permissive or conditional use in a specified zone may be allowed in those zone categories that allow for that specified use without the need for a Special Use Permit.

25.

Racetrack for autos, motorcycles, carts, go-carts, horses, dogs, or the like, or drag strip, provided:

a.

Any area of the site accessible to vehicles of patrons shall be surfaced with gravel or other higher type paving where such space or road connects with a public way, as required by the County Planning Commissioners.

b.

Screening. On any side of the premises, contiguous or across the street from a residential zone, a solid wall at least six feet high shall be erected and maintained.

26.

Radio or television transmitter antenna (commercial) provided it shall be at least 100 feet from any public way.

27.

School bus operation and parking lot.

28.

Stadium for baseball, football, rodeo, or the like, provided any area of the site accessible to vehicles of patrons shall be paved, except that any reservoir off-street standing space or side service road shall be paved where such space or road connects with a public way.

29.

Shopping center.

30.

Storage facility for hazardous waste materials.

a.

Provided such storage facility complies with Federal, State and County Environmental Regulations.

31.

Winery, provided it is associated with an on-site vineyard.

32.

Specific use.

a.

In certain situations based on unique conditions the owner may apply for any of the specific uses set forth in Sections 10, 12, 13, 14, 15 or 15.5 of this Ordinance. This type of Special Use Permit may not be granted for lots zoned SD or PC, unless prescribed in their related plan. The special use for a specific use may be granted if the owner/applicant proves by clear and convincing evidence that: (1) unique conditions exist that justify the request and (2) there is substantial support from neighborhood residents (or owners of property) within 200 feet of the site for the proposed special use.

b.

In certain situations based on unique conditions the owner may apply for any of the specific uses set forth in Sections 16 or 17 of this Ordinance. The special use permit for a specific purpose may be granted if the underlying zoning of the site is C-1, C-2 or CL-I and the owner/applicant proves by clear and convincing evidence that: (1) unique conditions exist that justify the request and (2) there is substantial support from neighborhood residents (or owners of property) within 200 feet of the site for the proposed special use. Notwithstanding any other provision of this Ordinance, the owner of any property that has or had a Special Use Permit may apply for a permit for the same use(s) regardless of the underlying zoning of the property.

C.

Application procedures.

1.

An application for a Special Use Permit shall be filed with the Planning and Development Services Department on forms prescribed by the Department and accompanied by all relevant data and information. Incorrect or incomplete information may be cause for denial or deferral and may delay the review and hearing process. It is recommended that the applicant consult with the County Zoning or Planning staff before filing an application to be informed of any requirements of policies relevant to the request.

2.

Notwithstanding any other provision of this Ordinance, an application that proposes to increase the acreage of the use of the affected property shall be processed as a new application. An application that proposes to decrease the acreage of the use shall be processed as an administrative amendment to the Special Use Permit, and reviewed by the Zoning Administrator at a public hearing following the procedures in Section 24 of this Ordinance.

3.

Notwithstanding any other provision of this Ordinance, an application that proposes to change the uses of a Special Use for another use shall be processed as a new Special Use application.

4.

Application for a Special Use Permit may be made by the owner of the property or their designated agent on their behalf. If the area proposed for the Special Use Permit has multiple owners, each owner must provide their written consent to the application. If a Special Use Permit is in place for multiple properties, the owners of each property must provide their written consent to the application.

5.

Each application shall be accompanied by a preliminary site development plan that shall:

a.

Be drawn to scale.

b.

Show a North arrow.

c.

Show the boundaries of the property to be developed.

d.

Show all existing and proposed structures on the site and within 50 feet beyond the property boundaries including the square footages and use of each structure, dimensions, and loading and unloading areas.

e.

Show the number of parking spaces required and provided, including handicapped parking, with location, arrangement, dimensions, aisles, bicycle racks, parking lot lighting and points of ingress and egress clearly indicated.

f.

Show fire lanes and emergency vehicle parking.

g.

Contain a Conceptual Grading and Drainage Plan when considered appropriate by the Bernalillo County Public Works Division.

h.

Show existing and proposed public and private streets, alleys and easements, with proper names and dimensions. Provide a Traffic Scoping Report for each application related to nonresidential uses and residential development with 25 or more dwelling units. The Bernalillo County Public Works Division may require a Traffic Impact Analysis after review of the Traffic Scoping Report.

i.

Contain a conceptual Landscape and Buffer Landscape Plan, identifying the nature and location of ground cover. The plan shall include a statement of responsibility for landscape maintenance.

j.

Show existing and proposed water, sewer, and fire hydrant locations, storm drainage facilities, and refuse container locations.

k.

Show existing and proposed signage as regulated in the C-1 Zone.

l.

Include a written statement describing the proposed project in detail and providing justification for approval in accordance with Resolution 116-86.

m.

Include proof of neighborhood notification by certified mail receipt as required by the Bernalillo County Neighborhood Association Recognition and Notification Ordinance. A copy of the notice sent each neighborhood association shall be included in the proof of notification.

n.

Copies of the site development plan of the proposed project shall be folded into 8½ × 11, 8½ × 14 or 11 × 17 inches or similar size.

6.

Prior to hearing, the Planning and Development Services Department shall request all applicable county departments and other agencies to comment on the application, including but not limited to other governmental jurisdictions such as local, state or federal departments, Albuquerque Public Schools, Albuquerque/Bernalillo County Water Authority, Middle Rio Grande Conservancy District, Albuquerque Metropolitan Flood Control Authority, Kirtland Air Force Base, and utility companies with consideration of any Joint Powers Agreements or Memorandum of Understanding. Comments received shall be provided to the Planning Commission at the time of hearing.

D.

An application fee for a Special Use Permit shall be charged as follows:

1.

Less than five acres: $400.00 for the first acre/or less, plus $25.00 for each additional acre or portion thereof.

2.

Five acres but less than 20 acres: $500.00 for the first five acres, plus $15.00 for each additional acre or portion thereof.

3.

Twenty acres but less than 60 acres: $725.00 for the first 20 acres, plus $10.00 for each additional acre or portion thereof.

4.

Sixty acres or more: $1,125.00 for the first 60 acres, plus $5.00 for each additional acre or portion thereof.

5.

Applications for a Special Use Permit may be made by the Board of County Commissioners or their designated representative on behalf of Bernalillo County, or by a person with direct financial, contractual, or proprietary interest in the affected property. When an application is withdrawn after scheduling and advertising for public hearing by the Bernalillo County Planning Commission, the filing fee shall not be refunded to the applicant. When such application is withdrawn before such advertisement all but $25.00 of the fee shall be refunded.

E.

Hearing. Public hearing on all applications for special use permits shall be held by the Bernalillo County Planning Commission in accordance with the procedures herein described:

1.

The Bernalillo County Planning Commission must fix a regular time and place for regular hearings. A Special public hearing may be held at other than the established regular time or place, provided public notice of the hearing is given at least 72 hours in advance.

2.

Public notice of the hearing at which the application is to be considered must be given by at least one publication in a daily newspaper of general circulation in Bernalillo County at least 15 days before the date of the hearing; and

3.

Public notice of hearing by certified mail, return receipt requested, not less than five days before the date of the hearing, to the owners of all property from the exterior boundaries of the area proposed to be changed, using for these purposes the last known name and address of the owner shown in the records of the Bernalillo County Assessor.

For properties that are less than two acres in area the notification radius shall be 200 feet, for properties in excess of two acres the notification radius shall be 500 feet.

When any of the property immediately beyond the radius described herein is under the same ownership as the property that is the subject of the application, the owner of the property next adjacent, disregarding public ways, also shall be notified.

4.

The applicant must post and maintain one or more signs as provided by the Zoning Administrator, 15 days before and after the date of the hearing by the Bernalillo County Planning Commission. The Applicant is responsible for removal of the sign(s) 16 days after the hearing, unless the recommendation is appealed. Failure to properly post and maintain sign(s) is grounds for deferral or denial of the request.

F.

Procedure. The Bernalillo County Planning Commission shall make its decision on each application.

1.

In approving any application, the Bernalillo County Planning Commission shall impose minimum requirements as required by this section together with such additional requirements as the Bernalillo County Planning Commission deems necessary to safeguard the public welfare, safety, health, morals, convenience, and best interest of the adjoining property, the neighborhood, and the community. Unless the permit specifies to the contrary, the special use so granted will continue for the life of the use.

2.

The Bernalillo County Planning Commission must keep minutes of its proceedings, including a record of the vote of each member on each question, and the minutes must be public records. All material and documents submitted shall become part of the record.

3.

After an applicant's petition for a Special Use permit is advertised for public hearing by the Bernalillo County Planning Commission, another petition for another special use permit or zone change affecting the same property shall not be filed within a period of 12 months from the date of final action.

4.

No Building or occupancy permits shall be issued for any building or use that is not in accordance with the approved development plan.

5.

Any requirement imposed by the Bernalillo County Planning Commission shall become effective and shall be strictly complied with immediately upon execution or utilization of any portion of the rights and privileges authorized by approval of the Special Use Permit.

6.

The Planning and Development Services Department is expected to enforce only those conditions that originate from the ordinances that are enforced by the Planning and Development Services Department. All other conditions are expected to be enforced by the respective department or entity having jurisdiction over such matters.

G.

Appeals. Appeal of any denial or approval of an application by the County Planning Commission must be submitted in writing to Board of County Commissioners by noon on the 15th day after the date of determination by the County Planning Commission. The day of determination by the County Planning Commission shall not be included in the 15-day period for filing an appeal, and if the fifteenth day falls on a Saturday, Sunday, or holiday, the next working day shall be considered as the deadline for filing the appeal. A building permit or Certificate of Occupancy shall not be issued until any appeal is decided, or the time for filing such appeal has expired.

1.

The following persons shall have the right to file an appeal:

(a)

Persons who were parties or could have been parties at the County Planning Commission, but were not present through no fault of their own; or

(b)

Persons who own a property interest within 200 feet of the subject-site (excluding public right-of-way), if the site is less than two acres; or

(c)

Persons who own a property interest within 500 feet of the subject site (excluding public right-of-way) for sites larger than two acres; or

(d)

Any organized neighborhood associations (as provided in Chapter 62, Article III, Neighborhood Associations) that covers, abuts or is across the public right-of-way from the site; or

(e)

Any person who demonstrates a tangible impact that threatens or adversely impacts the health or safety of the person who appeals; or

(f)

Any person with a financial interest or a property right adversely affected by the decision, which right or interest is more than merely nominal or remote.

2.

Applications for an appeal shall clearly articulate the reasons for the appeal; appellants shall specifically cite and explain one or more alleged errors:

(a)

An error was made in applying adopted county plans, policies, and ordinances in arriving at the decision; or

(b)

A mistake of fact underlying the appealed action or decision as presented; or

(c)

The decision was arbitrary, capricious or a manifest abuse of discretion.

3.

Written notice of appeal shall be filed with the Planning and Development Services Department. A filing fee of $75.00 shall accompany the notice of appeal on lots of one acre or less. A fee of $100.00 on all other appeals.

4.

Public notice of any appeal shall be given by legal advertisement in a daily newspaper of general circulation in Bernalillo County at least 15 days before the date of the hearing. Written notice of any appeal, together with notice of the hearing date, shall be sent to the applicant, a representative of the opponents, and the appellant (if other than the applicant).

5.

When an appeal is withdrawn after scheduling and advertising for public hearing by the Board of County Commissioners, the filing fee shall not be refunded to the appellant.

6.

When the County Planning Commission has voted on a request for a special use permit and this action is appealed to the Board of County Commissioners, an extraordinary majority vote of the members of the Board of County Commissioners is required to approve the Special Use Permit where a written protest of the action is signed by each of the equitable owners of record of land comprising at least:

20 percent of the land within 100 feet, excluding right-of-way, of the land proposed for the special use permit.

7.

Protests from neighboring property owners seeking to invoke the extraordinary majority requirement shall be submitted on forms prescribed by the County Manager or his designee at least seven days prior to the scheduled Board of County Commissioners' hearing on the appeal.

8.

When an extraordinary majority vote is invoked, the following composition of the Bernalillo Board of County Commission shall be required:

(a)

Four votes are required when five commissioners are present;

(b)

Three votes are required when four commissioners are present;

(c)

Three votes are required when three commissioners are present.

9.

Where the appellant does not present clear and convincing evidence of having met the criteria listed in 6. above, a majority of the quorum of the Board of County Commissioners is required to affirm, reverse or modify a determination of the Planning Commission.

H.

Violation of the approved site development plan or any condition imposed by Bernalillo County in approving an application filed under this section shall constitute a violation of this ordinance and subject the permit to cancellation pursuant to this section.

1.

Procedures for Cancellation:

(a)

The Zoning Administrator or his designee has the duty of routinely inspecting the Special Use Permit to insure compliance with the approved development plan and conditions imposed Bernalillo County .

(b)

If the Zoning Administrator or designee shall find that any of the conditions of the approved site development plan or of the conditions imposed by Bernalillo County have not been complied with, they shall notify in writing, the owner, tenant, agent, occupant, or person in charge of the premises, indicating the nature of the violation and ordering its correction within 30 days.

(c)

In the event that a violation of the approved development plan or of the conditions imposed continues, the Zoning Administrator or designee may institute the appropriate action to cancel the Special Use Permit pursuant to this section or proceed against the owner, tenant, agent, occupant, or person in charge of the premises, pursuant to the Penalty section of this Ordinance.

(d)

Any violation of the approved site development plan or conditions imposed that continues for a period of 30 days after written notification by certified mail receipt return requested shall subject the Special Use Permit to cancellation pursuant to the process outlined under Section 18.E., Subsections 1, 2, and 3. In the event that the Special Use Permit is cancelled, all references to said Special Use Permit shall be removed from the official zone maps by the County Planning and Development Services Department.

2.

In the event a use authorized by a Special Use Permit is not established within 12 months of the date of approval or is discontinued for a period of 12 months, the County Planning Department shall send notification by certified mail return receipt requested requiring the property owner, tenant, agent, occupant or person in charge of the premises to state in writing within 30 days his or her intention to establish or continue said permit. If the property owner, tenant, agent, occupant, or person in charge of the premises, does not declare in writing his or her intention to establish or continue said permit, then authorization or approval may be cancelled and relevant documents, if any, shall be removed from the official zone maps by the County Planning and Development Services Department.

I.

Notwithstanding any provision of this ordinance to the contrary, the Board of County Commissioners may within one year from the date of adoption of this ordinance grant a special use permit for those uses for which plans are on file in the office of and have been approved by the Bernalillo County Zoning Administrator prior to April 17, 1973, on whatever terms or conditions it deems necessary without requiring an application, and unless the permit specifies to the contrary, the special use so granted will continue for the life of the use.

J.

Special Use Permits which were approved after April 17, 1973 by the Extraterritorial Land Use Authority or the Board of County Commissioners, in accordance and under the provisions set forth in the Special Use Permit Section may continue under whatever terms or conditions were imposed by the Extraterritorial Land Use Authority and the Board of County Commissioners, and unless the permit specifies to the contrary, the Special Use Permit so granted will continue for the life of the use.

K.

Text amendments. Text amendments to the Zoning Code to incorporate uses related to alcohol are not automatically allowed on sites that contain a Special Use Permit. A new Special Use Permit will be required to activate this type of use.

(Ord. No. 219, 7-17-93; Ord. No. 280, 10-15-74; Ord. No. 319, 2-3-76; Ord. No. 5-77, 5-17-77; Ord. No. 78-24, 4-18-78; Ord. No. 78-50, 7-18-78; Ord. No. 78-51, 7-18-78; Ord. No. 80-6, 3-25-80; Ord. No. 80-32, 6-17-80; Ord. No. 81-27, 8-18-81; Ord. No. 81-29, 8-18-81; Ord. No. 83-40, 10-18-83; Ord. No. 92-18, 12-15-92; Ord. No. 98-15, § 1, 7-14-98; Ord. No. 00-1, § 1, 1-11-00; Ord. No. 00-6, § 1, 6-27-00; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2007-13, § 1, 8-28-07; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2010-2, 1-26-10, eff. 2-25-10; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2016-13, 4-12-16; Ord. No. 2016-32, 11-15-16; Ord. No. 2017-22, 11-28-17)