This chapter shall be known as "Chapter 14 SFCC" and may be referred to internally as "Chapter 14" or "this chapter".

(A)

Chapter 14 is adopted pursuant to the enabling authority contained in Section 3-15-1 et. seq. (Municipal Charter Act), Sections 3-17-1 through 3-17-6 (Ordinances), Section 3-18-1 (General Powers), Sections 3-19-1 through 3-19-12 (Planning and Platting), Sections 3-20-1 through 3-20-16 (Subdivisions), Sections 3-21-1 through 3-21-26 (Zoning Regulations), Sections 3-21A-1 through 3-21A-8 (Manufactured Housing and Zoning), Sections 3-22-1 through 3-22-6 (Historic Districts and Landmarks) and Sections 3-41-1 through 3-41-5 (Flood Control) New Mexico Statutes Annotated (NMSA) 1978, N.M. Const. art. X, Sections 6(D), 6(E) and any other applicable authority.

(B)

Whenever a provision of Chapter 14 refers to or cites a section of the NMSA 1978 and that section is later amended or superseded, Chapter 14 is deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The purposes of Chapter 14 are to:

(A)

implement the purposes of the general plan, including guiding and accomplishing a coordinated, adjusted and harmonious development of Santa Fe that will best promote health, safety, order, convenience, prosperity and the general welfare as well as efficiency and economy in the process of development, and to ensure that the regulations adopted pursuant to this chapter are in accordance with the general plan; and

(B)

create conditions favorable to the health, safety, convenience, prosperity and general welfare of the residents of Santa Fe by coordinating streets within proposed subdivisions with existing or planned streets or other features of the general plan; providing parks and trails; providing sewer, water and other infrastructure; providing adequate open space for traffic, recreation, drainage, light and air; and providing for the appropriate distribution of population and traffic.

The provisions of Chapter 14 are minimum requirements that apply uniformly to land within the same zoning districts and structures of the same type.

The general plan is the basic policy guide for the administration of Chapter 14. The general plan serves as the statement of goals, recommendations and policies guiding the development of the physical environment of Santa Fe and any other geographic areas specifically addressed by the general plan. The goals, vision, recommendations and policies of the general plan may be amended from time to time to meet the changing requirements of the city. Procedures for amending the general plan are set forth in Section 14-3.2.

The provisions of Chapter 14 apply to all land, buildings and other structures, and their uses, located within the corporate limits of Santa Fe, including land owned by local, county, state or federal agencies to the extent allowed by law.

(A)

Chapter 14 is not intended to interfere with, abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued that is not in conflict with any of the provisions of this chapter, or that is adopted or issued pursuant to law and that is, likewise, not in conflict with this chapter. Chapter 14 is not intended to interfere with, abrogate, annul or enforce any easement, covenant or other agreement between parties, except those required by this Code. If this chapter imposes a greater restriction, than such an easement, covenant or other agreement, this chapter controls.

(B)

In the case of a conflict within Chapter 14, or between Chapter 14 and any other ordinance, resolution or regulation, the more restrictive limitation or requirement shall prevail, unless an exception is specifically stated, and the provision shall govern that requires:

(1)

the greater width or size of yards, courts or other open spaces;

(2)

the lower height of structure or lesser number of stories;

(3)

the greater percentage of lot or land to be left unoccupied; or

(4)

other higher standards.

(A)

Violations Continue

A violation of the former Chapter 14 continues to be a violation under this Chapter 14 and is subject to penalties and enforcement under Article 14-11 unless the use, development, construction or other activity complies with the provisions of this chapter. A civil penalty assessed under the former Chapter 14 must be paid, even if the original violation is no longer considered a violation under this Chapter 14.

(B)

Approved Projects

As to approved projects:

(1)

Except as provided in Subsection 14-1.8(E),approvals or permits granted under the former Chapter 14 that were valid on December 24, 2001 shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out with the development standards in effect at the time of approval;

(2)

A provision of Chapter 14 shall not require any change in the plans, construction or designated use of any structure for which a construction permit was issued prior to December 24, 2001; and

(3)

A re-application for an expired project approval shall meet the standards in effect at the time of re-application.

(C)

Nonconformities Under Prior Ordinance

A legal nonconformity under the former Chapter 14 is also a legal nonconformity under this Chapter 14. If a legal nonconformity under the former Chapter 14 becomes conforming because of the adoption of this Chapter 14, then the use, structure or lot is no longer a legal nonconformity.

(D)

Effect of Code Amendments

An amendment to Chapter 14 does not affect the following approvals or permits that are otherwise valid on the date of the amendment, except as otherwise provided in this section:

(1)

construction permits;

(2)

recorded plats;

(3)

recorded development plans; and

(4)

permit, plan or platapplications deemed complete at the time of the effective date of the amendment.

(E)

Specific Findings

A code amendment may affect projects that otherwise comply with Subsection 14-1.8(B)(1) if the governing body makes a specific finding of such applicability.

(A)

Meanings and Intent

All provisions, terms, phrases and expressions contained in Chapter 14 shall be construed according to the general purposes set out in Section 14-1.3. When, in a specific section of this chapter, a different meaning is given for a term defined for general purposes in Article 14-12, the specific section's meaning and application of the term controls.

(B)

Headings, Illustrations and Text

In case of a difference of meaning or implication between the text of Chapter 14 and any heading, drawing, table, figure or illustration, the text controls.

(C)

Lists and Examples

Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including" and "such as" or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

(D)

Computation of Time

The time in which an act is to be done is computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday or holiday observed by the city, the deadline or required date of action is the next day that is not a Saturday, Sunday or holiday observed by the city. References to days are calendar days unless otherwise stated.

(E)

References to Other Ordinances, Regulations and Documents

Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of the resolution, ordinance, statute, regulation or document, unless otherwise specifically stated.

(F)

Delegation of Authority

Whenever a provision requires the head of a department or other officer or employee of the city to perform an act or duty, the department head, officer or employee may delegate that responsibility to others over whom the department head, officer or employee has authority.

(G)

Technical and Nontechnical Terms

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.

(H)

Public Officials and Agencies

All public officials, bodies and agencies to which references are made are those of the city unless otherwise indicated.

(I)

Mandatory and Discretionary Terms

The words "shall," "will" and "must" are mandatory terms. The words "may" and "should" are discretionary terms.

(J)

Conjunctions

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

"and" indicates that all connected items, conditions, provisions or events apply; and

(2)

"or" indicates that one or more of the connected items, conditions, provisions or events apply.

(K)

Tenses and Number

Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural and the plural includes the singular.

(L)

Continuing Compliance Required

Property shall be maintained and used in continuing compliance with the provisions of Chapter 14. Development standards, use regulations, conditions of approval and other provisions that are not specifically intended as temporary requirements shall continue to apply after the completion of initial development activities, and the land use director may require that property be restored to conformance with those standards as provided in Article 14-11 (Enforcement).

The land use director is responsible for interpreting the provisions of Chapter 14, after consultation with the city attorney, as follows:

(A)

interpretations of Chapter 14 shall be made in writing;

(B)

interpretations may be made in response to a formal request for interpretation or as the need arises in the administration of Chapter 14;

(C)

the land use director shall make all current interpretations available for public inspection; and

(D)

final action of the land use director interpreting provisions of Chapter 14 may be appealed pursuant to Section 14-3.17.

(A)

Responsibility for Compliance

The requirements of Chapter 14 and any development approved under its authority apply to the owners of real property and any tenants or occupants thereon.

(B)

Applicability to Premises

The requirements of Chapter 14 and any development approval made under its authority thereunder apply to each individual legal lot of record except when the land use director determines that a recorded easement, enforceable agreement or the intent of any specific regulation or development approval is such that it applies to premises that include more than one lot, whether or not owned by different persons.