Title
Incorporated County of Los Alamos Code Ordinance No. 02-371; A Code Ordinance Amending Chapter 16, Development Code, Article V, Administration and Enforcement, Division 1, Review and Decision - Making Bodies, Sections 16-68,16-69, 16-70, Division 2, Procedures, Sections 16-71, 16-72, Division 3, Specific Development Procedures, Sections 16-73, 16-74, 16-75, Division 4, Non-conformities, Sections 16-79, 16-81, 16-83, Division 5, Construction Improvements, Sections 16-84, 16-91, 16-92 16-93, and Divisions 6, Violations, Enforcement, and Penalties, Section 16-98
Recommended Action
I move that Council adopt Incorporated County of Los Alamos Code Ordinance No. 02-371; A Code Ordinance Amending Chapter 16, Development Code, Article V, Administration and Enforcement, Division 1, Review And Decision - Making Bodies, Sections 16-68,16-69, 16-70, Division 2, Procedures, Sections 16-71, 16-72, Division 3, Specific Development Procedures, Sections 16-73, 16-74, 16-75, Division 4, Non-conformities, Sections 16-79, 16-81, 16-83, Division 5, Construction Improvements, Sections 16-84, 16-91, 16-92 16-93, and Divisions 6, Violations, Enforcement, and Penalties, Section 16-98.
County Manager's Recommendation
The County Manager recommends that Council adopt of Ordinance 02-371.
Board, Commission or Committee Recommendation
The Planning and Zoning Commission considered the Development Code Text Amendment Application ZCA-2026-0019 on June 24, 2026 and recommended approval of the application with revisions listed below.
1. Section 16-72 (f)(5)(b)(10): Change the time frame to provide written recommendation or final decision from 10-days to 60-days.
2. Section 16-72 (g)(5)(e)(5): Change the time frame to provide a written final decision on an appeal from 14-days to 60-days.
3. Section 16-93 (i): Add language to clarify the alternate form of dust control.
4. Section 16-98 (a): Change the language within Penalty for Violation of code to be consistent with, and directly reference Section 1-8, of the Municipal Code: General Penalty.
Body
The ordinance proposes amendments to Chapter 16 of the Los Alamos County Development Code ("Development Code"), specifically Article V, Administration and Enforcement, including provisions related to review and decision-making bodies, procedures, specific development procedures, non-conformities, construction improvements, and violations, enforcement, and penalties.
These amendments are intended to correct errors, resolve internal inconsistencies, clarify administrative and enforcement procedures, and ensure consistency throughout the Development Code.
On June 24, 2026, the Planning and Zoning Commission ("Commission") considered Development Code Text Amendment Application ZCA-2026-0019 to amend the Los Alamos County Development Code through Ordinance 02-371. Pursuant to Section 16-69(b)(1) of the Development Code, the Commission has authority to review Development Code Text Amendment requests and make recommendations to the County Council for final decision.
Following the staff presentation, Commission discussion, and public comment, Chair Karen Easton moved to recommend that the County Council approve the request submitted by the Los Alamos County Community Development on behalf of the Incorporated County of Los Alamos, with the revisions listed below and highlighted in Attachment E. Commissioner Robert Chrien seconded the motion, which passed unanimously by 6-0 vote.
1. Section 16-72 (f)(5)(b)(10): Change the time frame to provide written recommendation or final decision from 10-days to 60-days.
2. Section 16-72 (g)(5)(e)(5): Change the time frame to provide a written final decision on an appeal from 14-days to 60-days.
3. Section 16-93 (i): Add language to clarify the alternate form of dust control.
4. Section 16-98 (a): Change the language within Penalty for Violation of code to be consistent with, and directly reference Section 1-8, of the Municipal Code: General Penalty.
Staff supports the Planning and Zoning Commission's recommended changes.
Attachments
A - Application ZCA-2026-0019
B - Staff Presentation to P&Z
C - Legal Notice of ZCA-2026-0019
D - PZC Recommendation
E - Ordinance No. 02-371
F - Legal Notice of Ordinance No. 02-371