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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