§ 20.5. SD Sector Development Zone.

A.

The regulations set forth in this section, or set forth elsewhere in this section, when referred to in this section are the regulations in the Sector Development (SD) Zone. The purpose of this zone is to allow a mixture of uses controlled by a Sector Development Plan which specifies new development and redevelopment that is appropriate to a given neighborhood, when other zones are inadequate to address special needs.

The SD zone is appropriate to map where it is applied to an entire neighborhood or a major segment of a neighborhood, and if it is determined that the area proposed for the sector development plan meets at least one of the following criteria:

(1)

The area is developed such that the requirements of other available zones do not promote the conservation of special neighbored characteristics, which the County desires to preserve; or

(2)

The area has developed or should develop with a pattern of mixed land uses, which will need careful control and coordination of development at a sub-area scale in order to insure a desirable mixture of uses; or

(3)

There are factors which substantially impair or arrest the sound growth and economic health and well-being of the area, or the area constitutes an economic or social burden and is a menace to the public health, safety, or welfare in its present condition and use.

B.

Use Regulations. The Sector Development Plan shall specify permissive, conditional and prohibited uses for locations within the plan area.

C.

Height and Area Regulations. The Sector Development Plan shall specify height and area regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

D.

Landscape and Buffer Landscaping. The Sector Development Plan shall specify landscape and buffer landscaping regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

E.

Parking. The Sector Development Plan shall specify parking regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

F.

Procedures:

1.

Application: New or amended plans are initiated by application to the County on prescribed forms. Each application shall be accompanied by sufficient copes of the proposed plan, evidence of interest in the property and other related information as required by the County. Submission of inaccurate information with an application is grounds for denial.

Applications may be made only by a representative of the County or by a person with direct financial, contractual or proprietary interest in the affected property. The application shall be subject to the same fee and other procedures as changes to the zone map in areas not governed by a Sector Development Plan, except that the notification requirements shall be as follows:

a.

Public notice of the hearing shall be mailed not less than ten (10) business days before the date of the hearing to the owners of all property adjacent to the subject Sector Development Zone area. For these purposes, the last known name and address of the owner shown in the record of the Bernalillo County Assessor shall be used.

b.

For properties that are two acres or less in area, notice of the public hearing shall be mailed to the owners within 200 feet of the subject area proposed to be changed by a sector development zone by certified mail, return receipt requested.

c.

For areas in excess of two acres, the notification radius shall be 500 feet form the exterior boundary of the subject Sector development Zone area. Notice of the public hearing shall be mailed by first class mail to the adjacent property owners, excluding public rights-of-way, of the area proposed to be changed by a zoning regulation.

d.

If notice by first class mail to the owner is returned undelivered, Bernalillo County shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested, to that address.

e.

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.

2.

Amendment: Where the official zone map has been set by a Sector Development Plan, application for amendment of the zone map is through amendment of the plan. The application for amendment shall be subject to the same fee and other procedures as changes to the zone map in areas not governed by a Sector Development Plan, except that the notification requirements shall be as described in subsection 1.a.—1.e. as listed above.

Applications for amendment of the text of a previously adopted Sector Development Plan shall be subject to the same fee and other procedures as changes to the text of this Zoning Code, except that the notification requirements shall be as described in subsection 1.a.—1.e. as listed above.

The Zoning Administrator may approve minor amendments to an approved Sector Development Plan if the revised plan is consistent with the use and other requirements originally approved by the Board of County Commissioners or Extraterritorial Land Use Authority, if the buildings and other improvements are the same general size as originally approved, the vehicular circulation has similar affects on adjacent properties and streets, and the Zoning Administrator finds that neither the County nor any person will be substantially aggrieved by the altered plan.

(Ord. No. 2003-4, § 1, 6-24-03; Ord. No. 2007-13, § 1, 8-28-07)