CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-39 ENACTMENT NO. ________________________
SPONSORED BY: Renée Grout, by request
ORDINANCE
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Amending The Integrated Development Ordinance To Revise Regulations For Cannabis And Nicotine Retail Uses In Table 4-2-1: Allowable Uses And Section 14-16-4-3 (Grout, by request)
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WHEREAS, the City Council, the governing body of the City of Albuquerque, has the authority to adopt and amend plans for the physical development of areas within the planning and platting jurisdiction of the City, as authorized by statute, NMSA 1978 Sections 3-19-5 and 3-21-1, and by its home rule powers; and
WHEREAS, the City’s zoning powers are established by the City Charter, in which Article I, Incorporation and Powers, allows the City to adopt new regulatory structures and processes to implement the Albuquerque-Bernalillo County Comprehensive Plan (“Comp Plan”) and help guide future legislation; Article IX, Environmental Protection, empowers the City to adopt regulations and procedures to protect and preserve environmental features such as water, air, and other natural endowments, ensure the proper use and development of land, and promote and maintain an aesthetic and humane urban environment; and Article XVII, Planning, establishes the City Council as the City's ultimate planning and zoning authority; and
WHEREAS, the City Council adopted an updated Albuquerque-Bernalillo County Comprehensive Plan (“ABC Comp Plan”) in 2025 via R-25-175 (Enactment No. R-2025-056); and
WHEREAS, Comp Plan Goal 5.2 Complete Communities says to “Foster communities where residents can live, work, learn, shop, and play together”; and
WHEREAS, Comp Plan Policy 5.2.1 says to “Create healthy, sustainable, and distinct communities with a mix of uses that are conveniently accessible from surrounding neighborhoods”; and
WHEREAS, cannabis retail and nicotine retail involve products with restrictions of sales to minors and may pose potential harm to surrounding areas; and
WHEREAS, the City Council adopted the Integrated Development Ordinance (IDO) to implement Comp Plan Goals and Policies; and
WHEREAS, the City’s Integrated Development Ordinance (IDO) regulates cannabis retail and nicotine retail as separate uses with different use-specific standards; and
WHEREAS, the proposed amendments revise regulations and use-specific standards applicable to cannabis and nicotine retail uses to address proximity concerns, ensure compatibility with surrounding properties, and further the goals and policies of the Comprehensive Plan.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. IDO Table 4-2-1 is amended as shown in Exhibit 1 to revise the allowable use for Nicotine Retail in the MX-L zone district.
SECTION 2. IDO § 14-16-4-3(D)(36) is amended as shown in Exhibit 1 to revise the use-specific standards for Cannabis Retail.
SECTION 3. IDO § 14-16-4-3(D)(41) is amended as shown in Exhibit 1 to revise the use-specific standards for Nicotine Retail.
SECTION 4. IDO § 14-16-4-3(B)(7) is amended as shown in Exhibit 1 to prohibit Cannabis Retail and Nicotine Retail as uses allowed in Dwelling, Live-work.
SECTION 5. IDO § 14-16-4-3(F)(5) is amended as shown in Exhibit 1 to prohibit drive-through or drive-up facilities as accessory to Liquor Retail and Nicotine Retail.
SECTION 6. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance and each section, paragraph, sentence, clause, word, or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 7. COMPILATION. Sections 1 through 5 of this Ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 8. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect one month after publication by title and general summary.