The Aquifer when fracked

The Aquifer when fracked
Diagram

Ordinance Citations for Upcoming Board meeting



SECTION 10. SU - SPECIAL USE DISTRICT.
A. Intent. This zone district accommodates developments that require special consideration because of their magnitude, unusual nature, infrequent operations, questionable impact on surrounding property, or other similar reason. The boundaries of this district shall be determined on a case-by-case basis following amendment procedures provided in Section 19 of this Ordinance. Special conditions may be imposed by the County Board following recommendation by the Zoning Commission. The County Board may not grant a Zone Map Amendment for establishment of a Special Use District unless satisfactory provisions have been made:
1. To assure that compatibility of property uses shall be maintained in the general area;
2. To preserve the integrity and character of the area in which the Special Use District will be located, and the utility and value of property in the Special Use District and in adjacent zone districts; and
3. To assure that the Special Use District will not become detrimental to the public health, safety, or general welfare of the County.
4. To assure that the Special Use District will not conflict with the Sandoval County Comprehensive Plan or any other applicable land use plans adopted by the County.


Comprehensive Zoning Ordinance
SECTION 19. AMENDMENTS.
F. Zone Map Amendment Guidelines. The County Board shall not approve a Zone Map Amendment unless  satisfactory provision has been made concerning the following, where applicable.
1. Accessibility to property and existing or proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, and emergency access in case of fire, flood or catastrophe;
2. Off-street parking and loading areas where required, with particular attention to the refuse and service areas;
3. Water and liquid waste facilities, with reference to soil limitations, locations, and public health.
4. The economic, noise, glare, or odor effects of the conditional amendment on adjoining properties;
5. The general compatibility of the proposed amendment with actual or prospective permissive zoning use of adjacent properties;
6. The overall health and safety of the community; and,
7. Conformance to the Sandoval County Comprehensive Plan and other applicable land use plans adopted by the County.
8. The applicant has had a pre-application public meeting where he has invited property owners, occupants, and county staff affected by the proposed amendment when the amendment involves:
(a). creation of a Special Use (S-P) District;
(b). creation of a Master Planned (M-P) District; or
(c). change of an urban residential zone to any other classification.


No Pre Application Public Meeting was held.


Additional areas of concern are as follows; NMSA §§ 3-19-5 and 3-20-5.


Extraterritorial Zones are established by New Mexico Statute 3-19-5 (19. Planning and Platting, 3-19-1 through 3-19-12. and 3-20-5 ( 20. Subdivisions; Planning and Platting, 3-20-1 through 3-20-16.) pertaining to Municipalities.
A municipality having a population fewer than two hundred thousand people and greater than twenty five thousand people and located in a class A County has jurisdiction over subdivision, which includes all territory within five miles of the boundary of the municipality. Each municipality shall have planning and platting jurisdiction within its municipality and all territory within five miles of its boundary.
The City of Rio Rancho had a population of roughly ninety four thousand people in 2014. Rio Rancho has adopted its own Municipal Code: http://www.codepublishing.com/NM/RioRancho/ which includes Section 155.03 JURISDICTION.  These regulations are designed to accomplish the procedures for the processing, consideration and filing of plats lying within the corporate boundaries of the city and/or within a radius of five miles from the city planning and platting jurisdiction pursuant to NMSA §§ 3-19-5 and 3-20-5. No subdivision of any land shall hereinafter be effected within the city area of jurisdiction except in accordance with the provisions of these regulations.
155.04 PURPOSE.
These regulations are intended to create orderly, harmonious and economically sound development of land in order to establish conditions favorable to the health, safety, convenience and general welfare of citizens of the city and its area of jurisdiction. More specifically, provisions of these regulations are designed to achieve adequate provision for light and air, public open spaces, water supply, drainage, sanitation including sewer facilities; economy in governmental expenditures and efficiency in governmental operations; safe convenient circulation of people, goods and vehicles; accurate and complete surveying and preparation and recording of plats thereof; safety and suitability of land for contemplated development; and coordination of land development in accordance with orderly physical patterns as stated in official plans, policies and ordinances and codes in furtherance of plans and policies as may have been and may be hereafter adopted by the city.
155.21 PREAPPLICATION; PLANS AND DATA.
(A)    (1) Submission.
(a) All proposed subdivisions, replats or plat vacations shall comply with the requirements of these regulations.


Sandoval County Comprehensive Zoning Regulations and Zoning Maps for Sandoval County, 
NM Ordinance No. 10-11-18.7A

Section 9. Rural Districts
Section 9 (1). RRA Rural Residential/Agricultural District.
Section 9 (2.2) CD-RRE Rio Rancho Estate Community District.
Only Conditional Uses Apply for special consideration
Section 9 2.2 A, B,C, D, E, pages 11-13

A.) Intent ... this zone should provide further for the health, safety, and General Welfare of the area residents in recognition of the unique nature of the Rio Rancho Estates with in Sandoval County.

C.) All uses that conditional use in the RRA Zone district may be allowed only upon review and approval by the Planning and Zoning Commission as provide in Section 17 of the ordinance

More on Section10
Section 10 Special Use District

SECTION 10. SU - SPECIAL USE DISTRICT.
A. Intent. This zone district accommodates developments that require special consideration because of their magnitude, unusual nature, infrequent operations, questionable impact on surrounding property, or other similar reason. The boundaries of this district shall be determined on a case-by-case basis following amendment procedures provided in Section 19 of this Ordinance. The County Board following recommendation by the Zoning Commission may impose special conditions. The County Board may not grant a Zone Map

Amendment for establishment of a Special Use District unless satisfactory provisions have been made:

1. To assure that compatibility of property uses shall be maintained in the general area;
2. To preserve the integrity and character of the area in which the Special Use District will be located, and the utility and value of property in the Special Use District and in adjacent zone districts; and
3. To assure that the Special Use District will not become detrimental to the public health, safety,
or general welfare of the County.
4. To assure that the Special Use District will not conflict with the Sandoval County Comprehensive
Plan or any other applicable land use plans adopted by the County.
B. Application. Each application for a Zone Map Amendment for establishment of a Special Use District must follow amendment procedures as stated in Section 19 of this Ordinance, must declare the proposed use, and must be accompanied by a site development plan (except for an incremental Planned Area Development that is subject to specific provisions described elsewhere in this Section) of sufficient size and scale in order to:
1. Show boundaries and topography of the property to be developed;
2. Show the proposed size, location, use, and arrangement of all structures, signs, parking and loading areas, drainage facilities, landscaping, and traffic and pedestrian circulation routes; and compliance with Section 14 of this Ordinance; and
3. Indicate the location, type, use, and size of structures on adjacent properties within five hundred (500)feet of the proposed Special Use District boundary.

C. Removal of Zones. In the event that a use authorized as a Special Use District is permanently discontinued, the Special Use District may be cancelled and removed under the provisions for an amendment to this Ordinance. That area delineated by discontinued Special Use District shall be rezoned to the prevailing zone district as determined by the County Board following recommendation by the Zoning Commission.

D. Uses Allowed in Special Use Districts. A Special Use District may be authorized only for uses designated by the County Board, including the following:

1. Asphalt and batching plant;

2. Cemetery, mausoleum, or crematory, provided that the site shall contain at least 2 acres;

3. Cluster Housing Development, provided that the following requirements are met:
a. Lot Area and Setback. The setback requirements and minimum lot size within a Cluster Housing development will be established by the Site Development Plan as approved by the County Board. In areas where any lot with an area of less than Acre is proposed, a liquid waste disposal plan for such approved by the New Mexico Environment Department and deemed satisfactory by the Board of County Commissioners shall be required.
b. Housing Density. The total number of dwelling units per acre allowed within a Cluster Housing Development shall not exceed that which would have been allowed if the site were developed under its previous zoning designation. Special Flood Hazard Areas as mapped by the Federal Emergency Management Agency shall not be counted in determining housing density under this section.
c. Open Space Requirements
1. Common Open Space Areas shall have a minimum dimension of 30 feet.
2. Common Open Space may form one or more areas within the development, provided
 that at least one area is at least 60% of the total Common Open Space.
3. Land dedicated for roadways, driveways, parking areas, and private yards cannot be counted as Common Open Space.
4. Common Open Space shall not be divided by fences, walls, or buildings.

d. Site Development Plan Approval. Future development within a Cluster Housing Development
shall be in conformance with the Site Development Plan as approved by the County Board. This
shall include the location, extent, and purpose of all Common Open Space as well as the location
of proposed lots and roadways.
e. Maintenance of Common Open Space. The maintenance of Common Open Space shall be
guaranteed via a mechanism approved by the County Board. The instrument guaranteeing such maintenance shall be recorded in the Office of the County Clerk simultaneously with the final
plat of the subdivision. The Common Open Space shall be set aside in perpetuity by deed restrictions. If the maintenance of the Common Open Space is abandoned to the extent that the County Board determines that a threat to public health and safety exists, the County may utilize any means at its disposal to ensure that such a threat is abated.
f. Ownership of Common Open Space. The Common Open Space in an Cluster Housing
Development shall be owned in one of the following ways:
1. The property owners may establish a homeowner’s association organized as a nonprofit corporation or trust carrying covenants that run with the land and that are recorded with the Office of the County Clerk; OR

2. The Common Open Space may be a owned by a public entity or non-profit corporation granted an exemption from Federal Income Tax as described in Section 501 (c) (3) of the United States Internal Revenue Code. Any proposal to transfer the Common Space to such an entity must be approved by the County Board.
g. Special Considerations. The County, where applicable, will consider the following factors
Board when reviewing a proposal for a Cluster Housing Development:
1. Inclusion of agricultural uses.
2. Preservation of acequia irrigation systems.
3. Preservation of wildlife habitat and wildlife corridors.
4. Protection of the natural environment.
5. Variation of residential lot sizes and shapes.
6. The visibility of the Common Open Space both from within and without the Cluster
Housing Development.
7. The preservation of important views.
8. The furtherance of the goals and policies of any adopted Area Plan for an area within which a Cluster Housing Development is proposed.
9. Reduction of road mileage within a development.
4. Commercial feedlot, dairy, or animal slaughter house provided it complies with the following requirements:
a. All animal excrement is properly disposed of,
b. Associated pests are eradicated by chemical or scientific means,
c. Storm water drainage is controlled to avoid pollution of water resources,
d. Mechanical means is available for scraping and cleaning feedlot premises at all times, and
e. A review is conducted by appropriate local, State, and Federal agencies for feedlot design and location;

5. Landfill operation for disposal of refuse, solid waste, liquid waste, septage, chemicals, or hazardous waste;

6. Mining, excavating, removing, processing, stockpiling, or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, or batching plant, provided such uses comply with the requirements of Section 10 (1) of this Ordinance:

7. Mobile Home Park, subject to the following requirements:
a. The maximum density of the Mobile Home Park shall be subject to the approval of the New
Mexico Environment Department however, if public water and sewer systems are available,
then maximum density of the Mobile Home Park shall be six (6) mobile homes per acre,
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b. Each mobile home space shall be required to maintain the following yard areas: Side to side
spacing between mobile homes shall be at least twenty (20) feet, and back to back spacing shall
be at least fifteen (15) feet. The distance between any mobile home and any building shall be at
least twenty (20) feet,
c. Any mobile home shall be located at least thirty (30) feet from the right-of-way line of any
roadway and at least thirty (30) feet from any property line of the Mobile Home Park,
d. All interior roadways shall be at least thirty (30) feet wide, and shall be either paved or graveled to a standard acceptable to the County,
e. Sites shall be kept graded, drained, and free of rubbish and litter, and
f. Mobile homes shall be skirted with materials compatible with the siding of the mobile home.
8. Power plant or transformer yard of a public utility;
9. Adult Bookstore, adult theater, and adult live entertainment establishments provided that none of the above listed uses may be located within one-thousand (1,000) feet of a public or private school, church or any residential district, as measured from the building containing the adult establishment to the closest point of the residential district, public or private parcel, or church parcel.
10. Massage parlor, provided the establishment is not conducted on the same premises where there is a cocktail lounge, photo studio, model studio, art studio, telephone answering service, motion picture theater, or bookstore.
11. Shopping Centers, subject to the following requirements:
a. The shopping center site shall be located with direct access to a State or Federal arterial highway, or a designated County arterial road,
b. All buildings must be placed at least thirty (30) feet from any property line of the shopping center land,
c. At least ten percent (10%) of the site shall be landscaped and maintained in a clean and healthy condition,
d. Outdoor light fixtures installed after the effective date of this Ordinance shall comply with the
following:
1. Fixtures shall be shielded such that light rays emitted by the fixture are projected at 45 degrees from a point on the fixture where light is emitted.
2. Where used for security purposes, or to illuminate walkways, equipment yards and parking lots, only shielded outdoor light fixtures shall be utilized.
3. Fixtures shall be required to have all light focused downward.
4. Exterior lighting shall be shielded in such a manner so that it does not shine onto any adjoining residential properties.
5. Outdoor light fixtures shall be limited to sixteen (16) feet in height.
6. Any illuminated on‐premise advertising sign shall be turned off between 11:00 P.M. and sunrise except that on‐premise signs may remain illuminated while a business is open to the public.
e. Loading docks and outside storage areas shall be screened from public roadways and abutting residential properties, and
f. Any shopping center proposal for an ultimate development containing more than one hundred thousand (100,000) square feet of floor area shall include a traffic impact analysis of traffic generated by the shopping center as it affects the surrounding roadway system;
Any shopping center proposal for an ultimate development containing more than one hundred
 thousand (100,000) square feet of floor area shall include a traffic impact analysis of traffic generated by the shopping center as it affects the surrounding roadway system;
12. Travel trailer or Recreational Vehicle Park provided it complies with the following requirements:
a. The park site shall be graded, drained, and free of rubbish,
b. The park site shall have a wall, fence, or planted area, six (6) feet in height, that screens the site from adjoining areas, and
c. The park shall contain individual campgrounds and each campground shall be at least one thousand five hundred (1,500) square feet in area with adequate parking such that no portion of any vehicle extends into a roadway within the park; and
13. Oil and gas exploration and production, and the structures and facilities associated with that use.
14. Other uses not included herein, provided that:
a. The proposed use or combination of uses is not adequately allowed and controlled in any other
zone; and
b. The proposed use is not detrimental to the area in which it is proposed to be located; and
d. The proposed use is in conformance with the Sandoval County Comprehensive Plan and other applicable land use plans adopted by the County.


SECTION 17. CONDITIONAL USES.
A. Approval Required. Conditional uses established by this Ordinance shall not be allowed without the review, public hearing, and approval of the Zoning Commission. In conducting such public hearing and in making a decision, the Zoning Commission shall be guided by the criteria set forth in this section, as well as by any other applicable criteria established by this Ordinance or other law.
B. Application. Any request for approval of a conditional use shall be submitted to the Zoning Officer with the appropriate filing fee on an application form prescribed by the Zoning Officer. In addition, the applicant shall submit to the Zoning Officer such information as may be reasonably required to determine whether the requested Conditional Use is consistent with the intent and purpose of this Ordinance. At such time, the Zoning
Officer shall transmit the application and any supplementary information to the Zoning Commission for review and public hearing.
C. Notice of Public Hearing. Notification of the time and place of any public hearing held pursuant to this Section shall be published in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing. In addition, notice of the public hearing shall be mailed by certified mail, return receipt requested, to: 1. the applicant(s);
2. the owner(s), as shown by the records of the County Treasurer, of the land for which the approval is requested, if different from the applicant(s); and,
3. the owners, as shown by the records of the County Treasurer, of land within one hundred (100) feet, excluding public right-of-way, of the land for which the approval is requested. If any notice is returned undeliverable, the County shall attempt to discover the addressee’s most recent address and shall remit the notice by certified mail, return receipt requested.

D. Guidelines. The Zoning Commission shall not approve any conditional use unless satisfactory provision has been made concerning:
1. Accessibility to the property and existing and/or proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, and emergency access in case of fire, flood or catastrophe;
2. Off-street parking and loading areas where required, with particular attention to the refuse and service areas;
3. Water and liquid waste facilities, with reference to soil limitations, locations, and public health.

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4. The economic, noise, glare, or odor effects of the conditional use on adjoining properties;
5. The general compatibility of the proposed use with actual or prospective permissive use of adjacent properties; and
6. The overall health and safety of the community.

E. Special Requirements. The Zoning Commission may impose special requirements as a condition of approval in order to satisfy the above mentioned guidelines. Such special requirements must be made in writing, transmitted to the applicant, and placed on record in the Planning and Zoning Office of the County.

F. Subsequent Action. Following notice to the property owner by certified mail, return receipt requested, a conditional use may be revoked (a) by action of the Zoning Commission or the County Board at a public hearing, or (b) through an action brought in a court of competent jurisdiction by the Zoning Officer on behalf of the County, upon proof that the use for which the conditional use was obtained:
1. has not been conducted in reasonable compliance with any special requirement imposed as a condition for approval of the conditional use;
2. no longer satisfies the defining criteria for the type of conditional use granted; or
3. as actually operated would not satisfy the guideline criteria of this section for the grant of such a conditional use, provided that revocation on this basis requires proof that is clear and convincing.

SECTION 19 AMENDMENTS

A. Legislative Amendments. Legislative amendments (a) to the text of this Ordinance and/or (b) affecting or creating any Official Zoning Map may be initiated by the County Board, the Zoning Commission, or the Zoning Officer. An owner of land may petition for the initiation of a legislative amendment, but further action in response to such a petition shall be discretionary. Legislative amendments shall be adopted by the County Board in accordance with all state law requirements, including applicable notice provisions.
B. Review and Recommendation of Zoning Commission. In addition, legislative amendments first shall be reviewed and considered at a meeting of the Zoning Commission, duly noticed as provided in this section. Following such consideration, the Zoning Commission shall provide its written recommendation to the County Board. The County Board shall consider such recommendation in open meeting, and a majority of the County Board may at that time order publication of the title and a general summary of the proposed amendment. Notwithstanding these requirements, no deficiency (a) in any notice of the Zoning Commission meeting, or (b) in any aspect of the Zoning Commission participation in the legislative amendment process shall be grounds for invalidation of any legislative amendment otherwise duly enacted in accordance with state law.

C. Notice of Zoning Commission Meeting on Legislative Amendment. The meeting of the Zoning Commission regarding a legislative amendment shall be noticed by publication of the title and a general summary of the proposed amendment in a newspaper of general circulation in the County at least once a week for two consecutive weeks prior to the date of the meeting.

D. Quasi-Judicial Zone Map Amendments. All other amendments (hereinafter referred to as “Zone Map Amendments”) affecting any Official Zoning Map may be initiated by any owner(s) of land within the jurisdiction of this Ordinance or his/her authorized agent. Such amendment shall be initiated by the submission to the Zoning Officer of a completed application form prescribed by the Zoning Officer together with the appropriate filing fee. In addition, the applicant shall submit to the Zoning Officer such information as may be reasonably required to determine whether the request is consistent with the intent and purpose of this Ordinance, the Sandoval County Comprehensive Plan or other land use plans adopted by the County.

At such time, the Zoning Officer shall transmit the application and any supplementary information to the Zoning Commission for review and recommendation. The Zoning Commission shall prepare and transmit a recommendation in writing, to the County Board within seven (7) days after their review of the proposed amendment is completed. If, in the judgment of the Zoning Officer or the Zoning Commission, an applicant substantially amends an existing application for Zone Map Amendment, it will be considered an Amended Application and that applicant shall be required to submit a new application under the terms and conditions of this Ordinance.

E. Notice of Meetings and Hearings on Zone Map Amendments. Notification of the time and place of any Zoning Commission meeting or County Board hearing to consider a Zone Map Amendment shall be provided as specified in Section 17 (C) of this Ordinance.

F. Zone Map Amendment Guidelines. The County Board shall not approve a Zone Map Amendment unless satisfactory provision has been made concerning the following, where applicable:
1. Accessibility to property and existing or proposed structures thereon, with particular reference to automobile and pedestrian safety, traffic control, and emergency access in case of fire, flood or catastrophe;
2. Off-street parking and loading areas where required, with particular attention to the refuse and service areas;
3. Water and liquid waste facilities, with reference to soil limitations, locations, and public health.
4. The economic, noise, glare, or odor effects of the conditional amendment on adjoining properties;
5. The general compatibility of the proposed amendment with actual or prospective permissive zoning use of adjacent properties;
6. The overall health and safety of the community; and,
7. Conformance to the Sandoval County Comprehensive Plan and other applicable land use plans adopted by the County.

SECTION 20 TEMPORARY USE PERMIT

In certain situations where unique circumstances warrant, the Zoning Commission may authorize by Temporary Use permit the location of uses in any zone in which they would otherwise not be permitted. In no case shall any use authorized by this section be permitted to exist for a period in excess of twenty-four (24) months and no renewal of a permit for the same use shall be allowed under this section.

A. Application. Any request for a Temporary Use permit shall be submitted with the applicable filing fee to the Zoning Officer on a prescribed application form obtainable from the Zoning Officer. The Zoning Officer shall transmit the application and any supplementary information to the Zoning Commission for their review and consideration. The Zoning Commission shall hold a public hearing in which to make a decision on the application. Notice of the hearing shall be provided as per Section 17(C) of this Ordinance. At their hearing, the Zoning Commission may impose such conditions and limitations as it deems necessary:

1. To assure that the proper performance standards and conditions are, whenever necessary, imposed
upon uses that are, or that 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;
2. To preserve the utility, integrity, and character of the zone in which the use will be located, without Adversely impacting adjacent zones; and
3. To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.

B. Financial Assurance. The Zoning Commission may require that the applicant post a suitable financial guarantee to assure timely compliance with conditions and limitations, including the time limitation on the proposed use.

C. Denial. The Zoning Commission may deny any such application if it finds that the conditions specified in this Section will not be met and/or the proposed application would more appropriately be processed under Sections 17 or 19 of this Ordinance.

D. Alternate Administrative Procedure. In cases where the proposed use is located on a lot or lots with a total land area of one acre or smaller and the proposed use will not extend beyond thirty (30) days, an alternative administrative procedure is hereby established. Following the submittal of an application and the appropriate filing fee, the Zoning Officer shall review the application for compliance with the conditions specified in this section. Within fifteen (15) days of receipt of a complete application, the Zoning Officer shall approve the application, deny the application, or refer the application to the Zoning Commission for review pursuant to this
Section.

E. Violation. Any noncompliance with any condition of approval of a Temporary Use permit, including the time limitation imposed on the proposed use shall be deemed a violation of this Ordinance as per Section 24 herein.

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F. Sand and Gravel Mining. Any approvals of applications under this Section for sand and gravel mining uses shall be made subject to all applicable conditions of Section 10 (1) of this Ordinance.


SECTION 22(1). BENEFICIAL USE DETERMINATIONS

In the event that a property owner in the County believes that all beneficial use of his property has been denied, or “taken” by the application of this Ordinance, then he/she may appeal to the County Board. Such appeal shall be accomplished by submitting an application for a beneficial use determination under the provisions of Section 22 of this Ordinance. The following procedures provided in this Section shall be used prior to seeking relief from the courts in order that any denial of beneficial use of property may be remedied through a non-judicial forum.

A. Purpose - The purpose and intent of this Ordinance is that every property owner in the County should enjoy a beneficial use of his/her property. A beneficial use determination is a process by which the County evaluates the allegation that there is no beneficial use, and can provide relief from the regulations by granting additional development potential to permit a beneficial use of the property. It is also the intent of this Section that such relief not increase the potential for damaging the health, safety, or welfare of future users of the property or neighbors that might reasonably be anticipated if the property owner were permitted to build.

B. Notice and Public Hearing - The notice requirements and public hearing procedures for a beneficial use determination shall be the same as that provided for appeals under Section 22 of this Ordinance.

C. Additional Information Required - The nature of this appeal requires detailed financial information on the property that is not required or desired in normal appeal applications. The following data shall accompany all applications for a beneficial use appeal:
1. Documentation of the date of purchase and the purchase price of the property.

2. A description of the physical features present on the property, the property’s total acreage, the present use of the property, and the use of the property at the time of the adoption of this Ordinance.

3. A description of the specific portions of the regulations that are alleged to result in an elimination of all beneficial use of the property together with all appraisals, studies, any other supporting evidence and any actions taken by the County related to the property.

4. A description of the use that, in the belief of the property owner, represents the minimum beneficial use of the property and all documentation, studies, and other evidence supporting that position.

5. Documentation that the property has been listed for sale for at least six (6) months after the adoption of this Ordinance, and originals or copies of all bids, offers-to-purchase, and other correspondence regarding the sale of such property.

D. Deprivation Standards - In determining if a property owner has been deprived of beneficial use of his/her property, the County Board shall take into account the following factors:
1. The value of the property prior to adoption of this Ordinance that caused the property owner to apply for relief shall be compared to the value of the property with the regulations as applied. A mere diminution in value does not deprive the property owner of a beneficial use; the diminution must be so drastic that it effectively deprives the property owner of any significant use or enjoyment of the property.

2. A use common to the County and/or the area of the subject site, although it may not involve further development of the land, is considered a beneficial use. Attention shall also be given to land uses that are considered to be the lowest intensity in the County or adjoining areas but that still provided for occupation and living by the property owner. These land uses shall be considered beneficial uses.
3. Whether the property is being singled out for different treatment than similarly situated properties under this Ordinance.

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4. A minimum beneficial use of the land should be one that does not have any governmental subsidy attached to the use or long-term safe occupation of the property. If such a subsidy exists, then it should be reflected in considering minimum beneficial use on a valuation basis. The public costs of a subsidy should be considered as a payment to the property owner for the restriction on the property if there is an annual subsidy that enhances the economic return of the existing use to the property owner.

5. The extent to which the regulations protect users or neighbors from threats to health or safety shall be fully accounted for. A use that seriously threatens the health of future residents or neighbors is not a beneficial use.

6. Expectations shall, in general, not be considered. Only expectations backed by investments made prior to the adoption of the restrictions in question and that are substantially above the cost of the land and normal planning investments, shall be considered.

7. In no case shall a use that is nuisance per se, or a use that in that particular location constitutes a nuisance, be granted relief. Such uses are not legal uses of the land and thus no taking of beneficial use of the land can occur.

E. Granting Relief - If the County Board finds that a property owner has been denied all beneficial use of his property, than the following relief may be granted:

1. The property owner shall be given the minimum increase in development intensity or other possible concessions from this Ordinance in order to permit a beneficial use of the land. The highest use, or even an average reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum beneficial use of property and, therefore, the amount of relief to be granted a property owner.
a. The limited development potential, given the natural condition of the property, shall not be attributed to the regulations applied to the property. If the property is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall be taken into account in identifying the best site for development that minimizes costs for development.
b. The potential for damage to either residents or property shall be assessed in determining a beneficial use. Conditions shall be placed on sites where damage from building or hazardous conditions is likely. The conditions may include location restrictions, size limitation, construction practices, and shall require a building to be built so it will not be damages.


2. The County Board shall make its decision by resolution. Based on the findings of the public hearing, the County Board may also direct that public hearings be held to amend this Ordinance.


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