§ 25. Amendments.

A.

The Board of County Commissioners may, from time to time, amend, supplement, or change by ordinance the boundaries of the zones or the regulations herein established. Any proposed amendment, supplement, or change shall first be submitted to the Bernalillo County Planning Commission for its recommendation and report. The County Planning Commission is hereby designated to act as the County Zoning Commission.

B.

Application and Fee:

1.

Any application made to the Bernalillo County Planning Commission for an amendment to the text of this ordinance or of the official Zone Map shall be in writing on forms prescribed by the Bernalillo County Planning Commission. It is suggested that the applicant or his designee have an informal consultation with the Planning and Development Services Department before filing an application for a text change of this ordinance or of the official Zone Maps in order to be informed of any County plans and policies relevant to the amendment request. Submission of inaccurate material or information with the application shall be grounds for denial. The application shall include the following information:

(a)

The name, address and telephone number of the applicant or designee.

(b)

The legal description and the uniform property code number in the request. An application relating to the unplatted land shall be accompanied by a plat delineating the boundaries of the area requested to be amended.

(c)

Any additional information deemed necessary by the County Planning Commission or by this ordinance.

(d)

A written discussion which supports the requested change (See Resolution 116-86).

2.

A fee for a Zone Map change shall be charged as follows:

(a)

Less than five acres: $200.00 for the first acre or less, plus $25.00 for each additional acre or portion thereof.

(b)

Five acres but less than 20 acres: $300.00 for the first five acres, plus $15.00 for each additional acre or portion thereof.

(c)

Twenty acres but less than 60 acres: $875.00 for the [first 20 acres, plus $10.00 for each additional acre] or portion thereof.

(d)

Sixty acres or more: $975.00 for the first 60 acres, [plus $5.00 for each additional acre or portion] thereof.

(e)

An application for an overlay zone, sector development plan or planned communities zone level A or B plan shall be one-fourth of the above fee. An application fee of $200.00 shall accompany a request for a change to the text of the zoning ordinance or any adopted sector development plan or planned communities zone level A or B plan.

3.

Applications for amendment of the official zone map may be made only by the board of county commissioners or their designated representative on behalf of county, or by a person with a direct financial, contractual, or proprietary interest in the affected property. The county planning commission may not be applicant for an amendment of the official zone map. The zoning administrator may not be an applicant for any matter which he would hear.

4.

When an application is withdrawn before advertisement, all but $25.00 of the fee shall be refunded. When an application is withdrawn after scheduling and advertising for public hearing by the county planning commission, the filing fee shall not be refunded to the applicant.

5.

After an applicant's petition for rezoning or for a text change is advertised for public hearing by the county planning commission, another petition for a change affecting the same property shall not be filed within a period of 12 months from the date of final action by the board of county commissioners or the date of the initial advertised hearing if no action was required by the board of county commissioners.

C.

Hearings. A public hearing on all applications for a text change to the ordinances or the change of the Official Zone Map, 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. Special public hearings 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 excluding public rights-of-way to be changed, using for these purposes the last known name and address of the owner shown in the record 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 at least 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. Failure to properly post and maintain signs is grounds for deferral or denial of the request. The Zoning Administrator shall issue Sign Posting Instructions.

D.

Procedure. The Bernalillo County Planning Commission shall make its decision on each application, and in the event of approval shall make a recommendation to the Board of County Commissioners. Approval of any application shall not be construed as approval of a Building Permit or Certificate of Occupancy.

(1)

The Board of County Commissioners shall sustain the recommendations of the Bernalillo County Planning Commission without modification unless the recommendation is appealed.

(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. All materials and documents submitted to the County Planning Commission shall become part of the record.

(3)

Recommendation for any application for a change to the Official Zone Map shall be void if not submitted to the Board of County Commissioners within six months after the date of determination by the Bernalillo County Planning Commission, or if not acted upon by the Board of County Commissioners within three months after receipt of a recommendation from the Bernalillo County Planning Commission.

E.

Appeals. Appeals shall only be taken for actions where the county planning commission has been delegated final decision-making authority, except for zone map changes. Appeal of any such denial or approval of an application by the Bernalillo County Planning Commission must be submitted in writing to the Board of County Commissioners by noon of the 15th day after the date of determination by the Bernalillo County Planning Commission. The day of determination by the Bernalillo County Planning Commission shall not be included in the 15-day period for filing an appeal, and if the 15th 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 and Compliance 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 and safety and general welfare of the person who appeals; or

(f)

Any person who demonstrates 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.

F.

When the Planning Commission has voted on a request for a change to the official zone map and this action is appealed, an extraordinary majority vote of the members of the Board of County Commissioners is required to effect the change in zoning regulation 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 change in zone.

G.

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.

H.

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

1.

Four votes are required when five commissioners are present;

2.

Three votes are required when four commissioners are present;

3.

Three votes are required when three commissioners are present.

I.

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

(Ord. No. 78-50, 7-18-78; Ord. No. 78-51, 7-18-78; Ord. No. 80-8, 3-25-80; Ord. No. 80-32, 6-17-80; Ord. No. 87-21, 7-21-87; Ord. No. 92-18, 12-15-92; Ord. No. 00-1, § 1, 1-11-00; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2016-32, 11-15-16; Ord. No. 2018-5, 1-23-18)