12 - DEFINITIONS
Any directional lighting that emphasizes a particular object or draws attention to a particular area.
A dwelling unit that qualifies as an accessory use and structure. See Section 14-6.3(D)(1) (Standards for Specific Accessory Uses).
Containing precipitation or run-off in a storage tank or other device and distributing that water with a mechanical system by means of gravity or a pump.
Placing construction materials in permanent position and fastening in a permanent manner; provided that where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal is actual construction as long as the work is diligently carried on until completion of the new construction involved.
Sun-dried block or coursing of dirt, clay, asphalt-impregnated earth or other natural earth materials.
A place open to the public in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, including computer imaging, are maintained to show images to five or fewer persons at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified anatomical areas.
A commercial establishment that as its principalbusiness offers for sale or rent for any form of consideration any one or more of the following:
(A)
books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(B)
instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar establishment whose primary activities regularly feature and include:
(A)
persons who appear in a state of nudity;
(B)
live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C)
films, motion pictures, videocassettes, slides, computer-generated images or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
A person that furnishes, offers to furnish or advertises to furnish escorts for a fee, tip or other consideration.
A hotel, motel or similar commercial establishment that:
(A)
offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;
(B)
offers a sleeping room for rent for a period less than ten hours; or
(C)
allows a tenant or occupant of a sleeping room to subrent the room for a period less than ten hours.
A commercial establishment that for any form of consideration, is substantially devoted to showing films, motion pictures, videocassettes, slides, computer-generated images or similar photographic reproductions that are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term does not include theaters that primarily feature films rated NC-17, R, PG, PG-13 and films other than unrated or X-rated films.
A coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
A business that offers as the primary purpose:
(A)
physical contact in the form of wrestling or tumbling between persons engaging in specified sexual activities or exposing specified anatomical areas; or
(B)
activities by one or more persons, either male or female, when at least one of the persons is engaging in specified sexual activities or exposing specified anatomical areas; provided that the term does not apply to artist models who pose in art classes for adult students or other settings solely for the purpose of assisting a sculptor, a painter or other artist in rendering an artist rendition or presentation of the model.
A structure, part of a structure or a device attached to, painted on or otherwise represented on a building, fence or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, direction, advertisement or other attention-getting device, including a sign. Advertising structure does not include a similar structure located within a building except illuminated signs within show windows.
Distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but excluding medicinal bitters. (Ord. No. 2013-1 § 3)
The portion of an alcoholic beverage licensee's premises in which all alcoholic beverages on display for sale are contained. (Ord. No. 2013-1 § 3)
The holder of any license or permit authorizing the sale of alcoholic beverages issued under the provisions of the New Mexico Liquor Control Act, but does not mean the holder of a server permit. (Ord. No. 2013-1 § 3)
The retail sale of alcoholic beverages for offsite consumption. (Ord. No. 2013-1 § 3)
A change of the architectural features of a structure, including the erection, construction, reconstruction or removal of the structure or any of its parts. Additions are considered alterations.
An area which is used for the raising of animals except as limited in Section 14-6.2(H) (Agricultural Uses).
An exterior transmitting or receiving device that may be mounted on a structure and that is used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
A retail establishment that offers for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations that have value and significance as a result of age, design or sentiment.
A person filing an appeal.
A request for a permit or other approval within the jurisdiction of the land use director, a land use board or the governing body that is required pursuant to Chapter 14, and includes the fees, forms, plans and associated documents.
The cultivation of aquatic animals in a recirculating environment to produce whole fish that are distributed to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
The cultivation of fish and plants together in a constructed, recirculating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients, for distribution to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
Nonportable cultural remains, including storage pits, firepits, burials, worksites, middens, architectural remains and undisturbed layers of deposited materials.
A concentration of cultural remains inferred to be the locations of specific human activities of the past.
Research in primary documents that is likely to yield information concerning the human occupation of a site, including deed, census, cartographic and judicial records.
The median income for the Santa Fe metropolitan statistical area as adjusted for various household sizes and published and revised periodically by the United States Department of Housing and Urban Development.
Portable material remains that exhibit evidence of human use or alteration.
As used in Section 14-8.14 (Impact Fees), means the determination of the amount of an impact fee.
The total volume of traffic during the time period from 7:00 a.m. to 6:00 p.m. in whole days, greater than one day and less than one year, divided by the number of days in that time period.
A roof-like covering projecting from the wall of a building and that is typically made of metal, plastic, canvas or other textile.
A temporary sign no larger than eighteen (18) square feet made of flexible material (cloth, paper, vinyl, or other lightweight, non-rigid material) on which information relating to an event, function, or activity is painted or printed, which projects from, hangs from, or is affixed to a city-owned support structure. (Ord. No. 2019-5, § 1)
A continuous shallow ditch parallel to a roadway that collects and distributes surface run-off from the roadway and adjacent terrain.
The cross section area of the stem or stems of a plant or of all plants in a stand expressed as square feet per acre. Bushes and shrubs, including piñon and juniper, are generally measured at or less than one inch above soil level. All other trees generally are measured at 4.5 feet above ground inclusive of bark. Measurements are taken from the uphill side of the slope. For the purposes of explanation only, 60 basal area is approximately equal to evergreen trees, each six (6) feet tall, planted on twelve (12) foot centers over one acre.
The flood having a one percent chance of being equaled or exceeded in any given year.
The elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year—also called the base flood. (Ord. No. 2012-19 § 5)
As used in the BCD, means the maximum permitted floor area ratio subject to the townscape standards where applicable, not taking into account allowable land-use intensity credits.
A dwelling unit that contains no more than twelve guest rooms where lodging, with or without meals, is provided for compensation.
(Repealed by Ord. No. 2014-31 § 50)
A process by which waterborne pollutants are absorbed, captured or broken down by soil or are absorbed by plant materials.
An owner-occupied dwelling unit where lodging for periods of thirty days or longer, with or without meals, is provided for compensation.
An erosion control method that places branches perpendicular to a contour on excavated terraces to build living structures, which terraces are then backfilled with soil, covering the branches except for the tips.
An erosion control method where woven pads of live branches are staked to slopes to build living structures for coverage.
That portion of a lot upon which buildings may be placed in compliance with required yards, lot coverage restrictions and other applicable provisions of Chapter 14.
As used in Section 14-5.6 Escarpment Overlay District and Section 14-8.2 Terrain and Stormwater Management, means a contiguous area of land located within a single lot on which a building with a footprint equal to not less than forty percent of the minimum required net lot area, or two thousand (2,000) square feet, whichever is less, can be developed in compliance with all requirements of those sections, all requirements of the underlying zone and all applicable development standards. (Ord. No. 2014-31 § 51)
The horizontal distance across the front of a building.
The director of the inspections and enforcement division or other person designated by the land use director.
The load-bearing portions of a building, including decking and sheathing for floors, walls and roofs.
An activity involving wholesale or retail sales or rental of any article, substance or commodity, including building materials and vehicles, and the provision of all commercial services, including financial institutions and personal commercial services. Where the term business is used to describe a type of land use or structure, it includes such use by any organization or individual, whether or not the use is conducted for profit. (Ord. No. 2014-31 § 51)
A business primarily engaged in rendering services to other businesses on a fee or contract basis, including advertising and mailing, building maintenance, employment service, management and consulting services, protective services and equipment rental and leasing.
The diameter of the trunk of a tree as measured six (6) inches above ground level, up to and including four (4) inch diameter, and twelve (12) inches above ground for larger sizes.
(Repealed by Ord. No. 2014-31 § 50)
As used in Section 14-6.2(E) (Telecommunications), means cable service as defined in the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended.
A plot of ground upon which one or more sites for camping are located, established or maintained for occupancy by a tent, trailer, recreational vehicle, cabin, lean-to or similar structure established, maintained and operated for the general public as temporary living quarters.
An area where cannabis products may be served and consumed by smoking, vaping, or ingesting, provided that alcohol cannot be sold or consumed in a cannabis consumption area.
A broad term that includes a cannabis testing laboratory , a cannabis manufacturer, a cannabis producer , a cannabis retailer, a cannabis research laboratory , a vertically integrated cannabis establishment , a cannabis producer microbusiness , or an integrated cannabis microbusiness .
A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using nonvolatile solvents, alcohol, or carbon dioxide, or without using solvents.
A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using volatile solvents or other methods that are outside the scope of light cannabis manufacturing.
A business conducted by a person licensed to cultivate more than two hundred (200) mature cannabis plants, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
A small business conducted by a person licensed to cultivate up to two hundred (200) mature cannabis plants at a single location, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
A product that is or that contains cannabis or cannabis extracts, including edible or topical products that may also contain other ingredients.
A facility that produces or possesses cannabis or cannabis products for the purpose of studying cannabis cultivation, characteristics, or uses.
A facility where cannabis products are sampled, collected, and tested.
An overhanging shelter or shade.
As used in Section 14-8.14 (Impact Fees), means any of the following facilities that have a life expectancy of ten or more years and are owned and operated by or on behalf of the city:
(A)
roadway facilities located within the service area, including roads, bridges, bike and pedestrian trails, bus bays, rights of way, landscaping and any local components of state and federal highways;
(B)
traffic signals located within the service area at the intersection of two city-maintained arterial streets;
(C)
neighborhood or pocket parks and related areas and facilities, referred to in Chapter 14 as "neighborhood parks" and community and regional parks, open space and trails and related facilities, referred to in Chapter 14 as "regional parks";
(D)
buildings for fire and rescue and essential equipment costing ten thousand dollars ($10,000) or more and having a life expectancy of ten years or more; or
(E)
buildings for police and essential equipment costing ten thousand dollars ($10,000) or more and having a life expectancy of ten years or more.
As used in Section 14-8.14 (Impact Fees), means a plan that identifies capital improvements or facility expansions for which impact fees may be imposed. Capital Improvements or facility expansions needed to serve projected development in the service area based on the approved land use assumptions are identified in the capital improvement plan for water, wastewater, roads, parks, fire and police development impact fees, April 2003 or similar subsequent report approved by the governing body.
A written document issued by the land use director certifying that a structure or use of land has been constructed or will be used in compliance with all applicable city codes and ordinances.
As used in Section 14-8.3 (Flood Regulations), means a portion of a drainageway that has a naturally or artificially developed bed or banks to confine and conduct a continuous or periodic flow of water.
An artificial, closed reservoir for storing water, often underground.
The City of Santa Fe.
A designated employee of the city who is both a professional engineer and a state-certified floodplain manager.
A medical, dental or other health care establishment with fewer than five beds or their equivalent where patients are admitted for examination and treatment by two or more health care practitioners sharing one office, and where patients are not lodged overnight.
A nonprofit organization and its premises, including a lodge, that caters exclusively to members and their guests for social, intellectual, political, recreational, athletic or other common purposes.
A development in which dwelling units are grouped together and where common open space is provided.
A form of development for a single-family subdivision that allows a reduction in lot area, provided there is no increase in the number of lots permitted by the zoning district, and the undeveloped land resulting from the lot reduction is devoted to open space.
The mounting or installation of an antenna on an existing tower or tower alternative. (Ord. No. 2014-31 § 52)
An educational institution accredited at the college level by an agency or association recognized by the U.S. secretary of education and legally authorized to offer at least a one-year program of study creditable towards a post-secondary degree.
Cultivating, producing, possessing, manufacturing, storing, testing, researching, labeling, selling, purchasing for resale, or consigning cannabis products (but excluding personal growing and use, medical cannabis program activities, and cannabis training and education programs).
A business conducted by a person that is licensed to sell cannabis products directly to consumers.
For the purpose of the annual water budget in Section 14-8.13, means one or more buildings constructed for nonresidential use. Commercial development includes hotels, motels, offices, stores and other retail establishments and industrial, manufacturing, wholesaling and warehousing activities.
A facility for commercial recreational purposes such as a theater, bowling alley, pool room, driving range, miniature golf, health club, sports field or amusement park.
A facility for the business of boarding horses or renting horses to the public.
A structure that is put to a commercial use as provided in Article 14-6 (Permitted Uses and Use Regulations).
The outdoor area accessible to all residents within a development, which may be owned in undivided interest by all the residents of the development, and it may remain in its natural state or may be landscaped or improved for passive or active recreational activities. (Ord. No. 2014-31 § 51)
A motor vehicle that is one hundred eighty-one (181) inches or less in length, measured from front to rear bumper.
As used in Section 14-6.2(F) (Electric Facilities), means electric service provider or its contractors or other persons constructing electric facilities and distribution facilities.
A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer. (Ord. No. 2016-41 § 5)
Three or more attached or detached dwelling units on one lot and located in the RC-5, RC-8, RAC, AC or BCD districts. (Ord. No. 2014-31 § 51)
A community residential program for persons currently in the custody of, or recently released by, correctional authorities which is designed to offer an alternative to imprisonment and/or to facilitate ex-offender reintegration into community life.
As used on Section 14-6.2(F) (Electric Facilities), means a substance or body, usually in the form of a wire, cable or busbar, that allows a current of electricity to pass continuously along it.
A shallow water retention pond built to store water and provide bio-filtration, where the soil is amended to a minimum depth of eighteen inches with one part organic matter to two parts soil and planted with grasses, shrubs or trees.
An artificial wetland designed and planted to store water and filter, process, absorb or breakdown waste products or pollutants.
Two or more lots with one or more common boundaries.
A residential community that provides a variety of living accommodations and differing levels of health care services to elderly or persons with disabilities as follows:
(A)
a continuing care community shall include:
(1)
congregate housing in which residents live in rooms without individual kitchen facilities and in which at least the following services are provided: common meal preparation, common dining, recreation and social areas, room cleaning, laundry and transportation; and
(2)
a full nursing care unit with beds;
(B)
a continuing health care community may include:
(1)
independent dwelling units for the elderly or persons with disabilities who are not in need of the level of care or services provided in congregate housing or an extended care facility, but who desire to live in a community where such services are available; and
(2)
an extended care facility; and
(C)
a hospital is not a continuing care community.
A line adjoining points of equal elevation on a topographic map.
A structure, located in a historic district, approximately fifty years old or older that helps to establish and maintain the character of that historic district. Although a contributing structure is not unique in itself, it adds to the historic associations or historic architectural design qualities that are significant for a district. The contributing structure may have had minor alterations, but its integrity remains.
Grasses that require large volumes or frequent applications of water, including Kentucky bluegrasses, perennial rye grasses, fine fescues and tall fescues.
The county of Santa Fe.
An area used for the raising or harvesting of agricultural crops intended to provide food or fiber.
The remains of prior human occupation or activity over seventy-five years of age, whether portable or nonportable, including historic and prehistoric artifacts, architectural features, human skeletal remains, animal skeletal remains found in an archaeological context, rock carvings and culturally altered landscapes.
A landscape modified by human activity, including roadways, agricultural fields, farming terraces and irrigation ditches or other water control devices.
The removal of earth material from the surface of the land.
The extent of development per unit of area. In residential areas or development projects, density is typically expressed in dwelling units per acre.
Preliminary submittals drawn to scale that fully delineate the architectural characteristics of a structure, but that are not detailed enough to be considered working or construction drawings.
As used for the BCD, means a desirable or optimum set of physical characteristics that distinguish each townscape subdistrict. Design objectives for each subdistrict form the basis for the development of townscape district standards governing the preservation or development, or both, within subdistricts.
The temporary storage of storm water to prevent excessive or excessively rapid runoff.
A manmade change in improved and unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, with the exception of routine maintenance and repair.
A development in which the owners own two (2) or more of the following facilities in common and have obtained a special use permit for operation of those facilities: swimming pools, spa facilities, golf courses, restaurants, or tennis facilities.
A lot used primarily for the purpose of retail sales.
As used in Section 14-6.2(F) (Electric Facilities), means the system of lines and poles, including the transformers and switches, and related appurtenances located thereon, that connects between transmission network and customer load that operates at electrical voltages of 40kV or below.
The total area of land dedicated or reserved by plat or otherwise acquired by the city, the county or the state primarily for the movement of storm water through a drainageway or land susceptible to flooding and for the maintenance of drainage structures. (Ord. No. 2012-19 § 5)
A natural or artificial land surface depression, with or without perceptibly defined bed and banks, to which or through which surface runoff gravitates, collects, impounds or is channeled for disposition.
An establishment that by design, physical facilities, service or packaging procedures encourages or allows customers to receive services, obtain or consume goods or be entertained while remaining in their motor vehicles.
A residentialbuilding containing two or more dwelling units on one lot, or two or more detached principal units on one lot.
One principaldwelling unit, occupied by one family, located on a lot without other principal uses or structures. Single-family dwelling includes a manufactured home but does not include a mobile home.
One or more rooms connected together constituting a separate, independent housekeeping establishment occupied by one family, for either owner occupancy, rental or lease and physically separated from any other dwelling unit that may be in the same structure, and containing independent cooking and sleeping facilities; provided that the term does not include group housing, hotels or motels.
Muted and flat colors found in the earth in the area of the development, consistent with a sample palette of earth tone colors maintained by the land use director, and which may include dull or matte off-white (yeso) but not bright white or chocolate brown.
Rock, natural soil or fill and any combination of these.
(A)
erosion prevention and control, including protection of natural drainage channels and compliance with an approved storm water drainage management plan;
(B)
preservation of significant native trees and other native site vegetation, including protection of natural area buffer zones;
(C)
conservation of water, including preservation of existing native vegetation, reduction in amounts or irrigated areas and similar considerations;
(D)
stream corridor and wetland protection and buffering;
(E)
site topography, including such characteristics as steepness of slopes, existing drainage features, rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic features;
(F)
floodplains and flood ways;
(G)
wildlife movement corridors; and
(H)
hydrology and groundwater flow.
As used in Section 14-6.2(F) (Electric Facilities):
(A)
40kV and above transmission lines;
(B)
Switching stations;
(C)
Substations; or
(D)
The placement of 3 or more distribution poles and related lines.
As used in Section 14-6.2(F) (Electric Facilities), the placement of 40kV and above transmission lines, switching stations, and substations; the upgrade, replacement, or relocation of any 40kV and above transmission lines, switching stations and substations; and the placement of more than 3 new distribution poles (not reviewed through the development review and building permit process).
As used in Section 14-6.2(F) (Electric Facilities), means any repair, restoration or replacement of an electric facilities made necessary because of a sudden unexpected event which has created a condition which is an immediate and continuing threat to the safety of property or persons.
As used in Section 14-6.2(F) (Electric Facilities), means electric facilities and distribution facilities used to provide service due to emergency conditions.
As used in Section 14-6.3(C)(2) (Standards for Specific Accessory Uses), means a person who is a full- or part-time worker, partner or independent contractor of a home occupation and who visits the site of the home occupation on a regular basis.
As used in Section 14-6.2(E) (Telecommunications), means a storage cabinet used exclusively for the protection of telecommunications equipment.
As used in Section 14-8.14, means a service unit measure representing the impact of a typical single-family dwelling on the park system. A typical single-family dwelling represents, on average, one EDU. Other types of units each represent a fraction of an EDU, based on their relative average household sizes.
To build, construct, attach, hang, place, suspend or affix and includes the painting of wall signs.
The wearing away of ground surfaces as a result of the movement of wind, water and ice.
Manmade improvements that are intended to limit or control erosion.
The mechanical removal of earth material.
A facility that provides health-related care and services on a regular basis to persons who do not require the degree of care and treatment that a hospital is designated to provide, but who, because of their mental or physical condition, require extended care and services that can be made available to them only through an institutional facility that provides at least two and three quarters hours of nursing care to each person daily. Extended care facility includes nursing homes and convalescent homes.
The material or assembly of materials applied to the exterior surface of a wall or roof for weather resistance or appearance, but excluding structural elements of the wall or roof such as decking or sheathing.
One whole exterior face or elevation of a structure from grade up to and including the top of the parapet. An individual façade is defined as including at least an eight-foot width that is offset from an adjacent plane by at least four feet.
As used in Section 14-8.14 (Impact Fees), means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
(A)
a natural person;
(B)
two or more natural persons related by blood, marriage, legal guardianship or adoption, plus resident domestic servants; or
(C)
a group of not more than five natural persons living together in a dwelling unit.
The area of a lot designated for activities and uses defined as urban agriculture. (Ord. No. 2016-41 § 5)
A table, stall, tent or other non-permanent structure located on an urban farm and operated by a vendor with a city-issued business license to sell to the public agricultural products grown on the same property where the farm stand is located, not to exceed 48 square feet in size. (Ord. No. 2016-41 § 5)
Structures that may include, but are not limited to, sheds (tool and packing), compost bins, shade pavilions, farm stands, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as greenhouses, hoop houses, cold frames, and similar structures. (Ord. No. 2016-41 § 5)
The artificial deposition of earth material.
The buildings and premises where motor vehicle fuels, lubricating oils, grease, batteries, tires and incidental vehicular accessories may be supplied and dispensed at retail, or, in connection with a private operation where the general public is excluded from the use of the facilities, where vehicular lubrication, brake adjustment, washing and related services may be rendered. Filling station does not include facilities that provide major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics found in a repair garage or a body shop.
The action taken that completes review of and decision on an application or appeal; see Section 14-3.17(A)(1).
As used in Section 14-8.14, means the date that a plat or development plan is recorded with the county clerk. This date is to be used to determine the beginning of the assessment period for which a permit would be charged impact fees according to a given fee schedule.
An outdoor market conducted by an operator as a business where spaces are rented, leased or are otherwise available to individual vendors who offer goods for sale to the public. Fewer than five individual vendors located on a property do not constitute a flea market. Flea markets do not include carnivals or similar functions primarily offering services or recreation.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(A)
the overflow of inland waters; or
(B)
the unusual and rapid accumulation or runoff of surface waters from any source.
The portion of the special flood hazard area that is outside of the floodway. (Ord. No. 2012-19 § 5)
A special flood hazard area, inclusive of the floodway and the flood fringe, where applicable. (Ord. No. 2012-19 § 5)
The official map of a community, on which the federal emergency management agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. (Ord. No. 2012-19 § 6)
(Repealed by Ord. No. 2012-19 § 4)
The person designated by the land use director to administer the city's flood regulations. The person shall be a state-certified floodplain manager as provided in Section 3-18-7 NMSA 1978.
The official report provided by the federal emergency management agency that contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map and an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. (Ord. No. 2012-19 § 5)
Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents.
The channel of a river or other watercourse and the adjacent land area that is reserved to discharge the one-percent chance event without cumulatively increasing the water surface elevation more than one foot in height.
A cultivator of or dealer in flowers or ornamental plants.
The configuration of the area of ground covered by a structure, including all its parts.
A dwelling unit maintained by a person licensed by the appropriate state agencies to have the control of a maximum of eight children, including foster, adopted and natural children, for periods exceeding twenty-four hours.
As used in Section 14-8.3 (Flood Regulations), means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave actions, bridge openings and the hydrological effect of urbanization of the watershed.
An artificial in-ground trench or other volume of rock or other material that distributes water for plant material use or infiltration.
The pumping, flow, release, escape or leakage of water from a pipe, valve, faucet, connection, diversion, well or water supply, transport, storage, disposal or delivery system or facility onto adjacent property or the public or private right-of-way, an arroyo or other water course, whether natural or manmade, or onto a paved or non-planted landscape area.
As used in Section 14-3.10 (Development in Special Flood Hazard Areas) means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as bridges and piers.
A building used for the preparation of the dead for burial and the display of the dead and ceremonies connected with the dead before burial or cremation.
A type of pitched roof characterized by a vertical triangular portion at two opposite sides of the building and frequently characterized by dormers. The triangular portion extends from the level of the cornice or eaves to the ridge of the roof. See Illustration 14-5.2-7, "Examples of Roof Types".
The Santa Fe general plan adopted by Resolution No. 1999-45, as amended.
A retail establishment, a majority of whose gross receipts are derived from the sale of items commonly referred to as gifts or souvenirs, including arts and crafts; toys; clothing, such as caps and t-shirts; house wares, such as novelty or souvenir mugs, glasses and plates; souvenir photographs; collectibles; natural or manmade artifacts; leather goods; jewelry; home furnishings; imported gift items; candy; glassware; and toiletries.
The brightness of a light source that causes eye discomfort, including:
(A)
nuisance glare, which means light that creates an annoyance or aggravation, but does not create a potentially hazardous situation; and
(B)
disabling glare, which means light that impairs visibility and creates a potentially hazardous situation for either pedestrians or motorists.
The city council and the mayor acting in their official capacities during a meeting of a quorum.
The ground level of a specified area of land; the act of grading. (Ord. No. 2014-31 § 51)
Any excavating or filling or combination of excavating and filling.
Untreated household wastewater that has not come into contact with toilet waste. Gray water includes used water from bathtubs, showers, bathroom wash basins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
A structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
A retail establishment, with or without a related dwelling unit, catering mainly to a local market area, primarily dispensing foods and beverages, but also dispensing certain incidental items not intended for human consumption, but not including the sale of motor vehicle fuels nor any sales or display outside of an enclosed building.
The housing density calculated by dividing the total number of dwelling units by the total area in residentialdevelopment in accordance with Chapter 14.
The total floor area, including basements, mezzanines, interior balconies and upper floors expressed in square feet, measured from the outside surface of the outside walls.
A dwelling unit licensed by the appropriate state agency where full-time shelter, rehabilitation, care and supervision are given on a non-institutional basis to children or adults who are neglected, abandoned, or who have physical, mental or developmental disabilities, mental illness, or substance or alcohol dependence. Live-in nursing care is not a primary part of the services provided. (Ord. No. 2012-11 § 29)
A non-family dwelling unit where care, supervision and services are provided to residents of any age who have difficulty caring for themselves, including the elderly, persons with disabilities and children living apart from families. This category includes facilities commonly known as group homes, community residential care, board and care or assisted living facilities, halfway houses and foster homes. This category does not include facilities that provide services to nonresident clients; that provide more than incidental or occasional nursing, medical or other therapeutic treatment, such as extended care facilities, hospitals or detoxification centers; or community residential corrections programs.
A group residential care facility for eight or fewer resident clients who are not participants in a community residential correctional program.
Any person who rents a short-term rental unit or occupies a short-term rental unit during a rental period.
As used in Section 14-8.14 (Impact Fees) and for the purpose of assessing and collecting impact fees for residentialdwelling units, means all floor area enclosed, heated and intended for daily habitation, including kitchens, bedrooms, living or family rooms, dens, laundry rooms and associated interior stairs and closets. Unless heated and intended as living area, the term excludes garages, solariums and porches. Heated living area is measured from the outside surface of the outside walls enclosing the contiguous floor area.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
A type of pitched roof characterized by the intersection of four or more roof planes, the eave lines of which are not parallel. See Illustration 14-5.2-7, "Examples of Roof Types".
An identifiable grouping of historic resources, including buildings, structures and landscaping elements, as described in Section 14-5.2(K)(2)(a). Historic compounds may be comprised of more than one lot.
A comprehensive, long-term plan describing any planned modifications, including demolitions, additions or exterior rehabilitations, to existing structures or buildings, landscaping or new construction in the historic compound.
A structure that is fifty years old or older.
An occupation or business activity that results in a product or service and that is conducted for gainful employment in a dwelling unit by a person residing in that dwelling unit. A home occupation is customarily incidental to the residential use of the dwelling unit.
A private nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties.
An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and includes, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
An internet website, a mobile application, or any other forum used to connect a short-term rental owner or operator with guests and to facilitate the booking of a short-term rental unit.
A facility offering transient lodging and accommodations, with or without individual kitchens, to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities.
The Housing Opportunity Program set forth in Article 26-1 (Santa Fe Homes Program). (Ord. No. 2012-11 § 30)
A facility, which may or may not be a lodging facility, operated by a organization that provides aid to more than twenty-five persons in need of counseling, food, clothing, lodging, financial or legal assistance, out-patient health services, vocational and educational training and related services. Lodging may be provided on an emergency or transitional basis and consist of dormitory rooms or individual lodging units containing sleeping facilities with or without kitchen or living room facilities available for daily, weekly or monthly stays.
The propagation of plants using a mechanical system designed to circulate a solution of minerals in water, for distribution to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
(Repealed by Ord. No. 2014-28 § 6)
A built or paved area that will not absorb storm water; provided that impervious surface does not include graveled surfaces.
Any material that will not ignite at or below a temperature of one thousand two hundred degrees Fahrenheit and will not continue to burn or glow at that temperature.
Mini-storage units that are not directly accessible from the outside of the building.
The development of more intensive land uses on vacant or underutilized sites.
Storage of storm water or other runoff in a facility that empties solely by moving into the soil or through evaporation.
A below grade water system that collects, infiltrates and distributes storm water or other run-off.
Facilities needed to sustain development activities, including water and sewer lines, electric, gas, telephone service, storm drainage systems and streets and roads.
The radius of the curve made by the inside wheel of the vehicle.
A person who is licensed as an integrated cannabis microbusiness and authorized to conduct one or more of the following:
1.
production of cannabis at a single licensed premises; provided that the person shall not possess more than two hundred (200) total mature cannabis plants at any one time;
2.
manufacture of cannabis products at a single licensed premises;
3.
sales and transportation of only cannabis products produced or manufactured by that person;
4.
operation of only one retail establishment; or
5.
couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants, or directly to consumers.
The extent of development per unit of area; or the level of use as determined by the number of employees and customers and degree of impact on surrounding properties such as noise and traffic.
Interior walls, doors, floor coverings and ceiling systems that are not part of the building structure.
The use of a unit or units for which the exclusive right of use or occupancy circulates among various owners for a contractually limited period or periods of time.
Any area, lot, land, parcel, building or structure or part of these used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap; discarded goods, materials or machinery; two or more unregistered, inoperable motor vehicles; or other type of junk. A junkyard does not include such uses conducted entirely in an enclosed building.
A commercial establishment where animals are boarded, kept or maintained.
The light-producing source installed in a luminaire.
As used in Section 14-8.14 (Impact Fees), means a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a five-year period.
A city board, commission, committee or authority that has jurisdiction over any matter arising under Chapter 14 or otherwise within the jurisdiction of the land use director, including the board of adjustment, the planning commission, the historic districts review board and the archaeological review committee.
The director of the land use department or the director's designee.
The granting of additional development capacity above the base line floor area ratio, expressed in gross floor areas.
A structure outside a historic district that otherwise meets the definition of a significant structure. A structure may also be a landmark structure if it is listed on or is eligible to be listed on the State Register of Cultural Properties or the National Register of Historic Places.
A person who is licensed by the state to design, construct and install decorative and functional alterations and plantings of grounds, including natural and manmade irrigation and drainage facilities.
The project design approach, including the proposed treatment of existing vegetation, if applicable that is:
(A)
primarily native landscape, which may incorporate non-native plant material;
(B)
urban landscape, with street trees or other urban design elements; or
(C)
a combination of Subsections A and B of this definition.
The addition of a predominantly vegetative combination of trees, shrubs, ground cover, rocks, woodchips, gravel, fences, walls, earth berms, planters, water features, art objects and landscape furniture to accomplish functions such as screening, shade, special definition, buffers, erosion control and ornamental enhancement.
The planting and maintaining of live plants and the use of some natural and manufactured materials, including walls, fences and earth berms.
An establishment providing washing and drying machines on the premises for rent to the general public.
A lot that was created prior to the date of any applicable provision of law that required the lot to be approved as part of a subdivision, or that has been created as part of a subdivision created in accordance with all applicable laws or ordinances, or that has been created by a court order as provided in Section 14-3.7(A)(6), or for which a certificate of compliance has been issued pursuant to Section 14-3.7(A)(7)(b). The lot must be shown on a duly recorded plat or other written instrument that adequately describes the lot, that is recorded with the county clerk, and that documents compliance with this definition. (Ord. No. 2013-16 § 66)
A legal lot of record that fails to conform to the standards of this Chapter for lots, such as the area, dimension or location or access requirements.
A structure or portion of a structure that was lawfully constructed but that fails to conform to the standards of Chapter 14 for structures, such as restrictions on area, lot coverage, height, required yards or other characteristics of the structure or its location on the lot as a consequence of annexation of the structure into the city or as a consequence of adoption of or amendments to Chapter 14.
A use that was lawfully established, but that fails to conform to the use regulations of this chapter as a consequence of annexation into the city or as a consequence of adoption of or amendments to Chapter 14.
A person who has received written permission or a license to undertake an activity regulated by Chapter 14.
The manufacturing and assembly of small electronic or machine parts, consumer goods, food or food ingredients, dry goods and other goods and services that are produced or assembled inside a building.
The general sky glow caused by the scattering of artificial light in the atmosphere that results in decreased ability to see the natural night sky.
The lines, cables, fibers or any other such carriers that are linear in nature and that are used for the transmission of water, gas, electricity, data, video images, voice images or other such services.
A bioengineering method by which box-like structures of interlocking timbers backfilled with alternating layers of soil and branch cuttings are used to stabilize a slope, with roots of cuttings extending into the slope to provide structural support.
A distinct area logically and conveniently located for bulk pickups and deliveries scaled to the size of the delivery vehicles expected to be used and accessible to such vehicles.
The space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
A lot located at the intersection of two or more streets or at the intersection of a common driveway or access road servicing more than one lot. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot, or an extension of the lot where it has been rounded by a street radius, meet at an interior angle of less than one hundred thirty-five degrees. See lots marked AE in the Lot Types diagram.
A lot having its front and rear lot lines coincident with streetright-of-way lines.
A lot other than a corner lot, with only one frontage on a street other than an alley. See lots marked B in the Lot Types diagram.
A lot, other than a regular lot, not necessarily abutting a public street, that is located, shaped or oriented to adjacent lots in such a way that the usual required yards of this Chapter are impractical and may not be logically determined. See definition of "YARD, SPECIAL".
A lot abutting a public street that is so located, shaped or oriented to adjacent lots that the required yards of this Chapter may be applied. A regular lot has the location of its front, side and rear required yards determined by and related to adjacent yard patterns.
A lot that is at right angles, or approximately right angles, to the general pattern of lots in the area involved. A reversed frontage lot may also be a corner lot or an interior lot, A-D and B-D in the Lot Types diagram, or even, in rare cases, a through lot, which is not illustrated.
A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots". See lot marked C in the Lot Types diagram.
As used in Section 14-8.3 (Flood Regulations), means the lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure usable solely for parking or vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor; provided that such enclosure is built in compliance with the applicable non-elevation design requirement of 44 CFR Section 60.3, the National Flood Insurance Program regulations. (Ord. No. 2012-19 § 5)
As used in Section 14-8.14 (Impact Fees), means all major and minor arterials identified on the Santa Fe functional road classifications map within the urban area.
A structure transportable in one or more sections that is:
(A)
built on a permanent chassis;
(B)
designed for use with or without a permanent foundation;
(C)
constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974, the Housing and Urban Development Zone Code 2 or the applicable building code, as of the date of the unit's construction;
(D)
installed consistent with the Manufactured Housing Act and with the rules promulgated pursuant to that act relating to permanent foundations; and
(E)
for the purposes of Section 14-8.3 (Flood Regulations), connected to the required utilities.
For floodplain management purposes, manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days, but does not include those vehicles as manufactured homes for flood insurance purposes.
The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors.
An exterior roof-like projection over an entrance or window.
The separate storage spaces of varying sizes within one or more structures that are leased or rented on an individual basis.
The development of a tract of land, building or structure in a compact urban form with two or more different uses, including residential, office, manufacturing, retail, public use, light industrial or entertainment.
A structure that is:
(A)
transportable in one or more sections;
(B)
built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation; and
(C)
not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974, the Housing and Urban Development Zone Code 2 and the Uniform Building Code.
A development in existence prior to December 10, 2012 (effective date of this Ordinance No. 2012-37) consisting of the premises where one or more mobile homes are parked for residential use or where spaces or lots are set aside or offered for sale or rent for use by mobile homes for residential use, including any land, building, structure or facility used by occupants of mobile homes on such premises, but does not include a single mobile home located on a lot in a residential district pursuant to a special use permit. Manufactured homes may be located within mobile home parks as provided in Section 14-7.2(I)(7). (Ord. No. 2012-37 § 6)
A plot of land within a mobile home park designed for the accommodation of one mobile home or manufactured home. (Ord. No. 2012-37 § 6)
That portion of the mobile home space intended for occupancy by the mobile home or manufactured home proper, consisting of dimensions to be determined by the size of the unit to be accommodated. (Ord. No. 2012-37 § 6)
A prefabricated structure built to all applicable building codes and used as a permanent building or dwelling unit that does not have permanent or temporary axles of its own and that is connected permanently to an on-site foundation made exclusively for that modular home or building.
An establishment providing transient lodging and accommodations, with or without kitchens, to the general public and containing six or more rooms with at least twenty-five percent of all rooms having direct access to the outside premises without the necessity of passing through the main lobby of the building.
Any material applied to the surface of the soil to decrease moisture loss and control the growth of weeds; organic mulches include bark and wood chips, straw, grass, hay, compost and seed shells and inorganic mulches include rock and gravel.
An institution devoted to the procurement, care, study and display to the public of objects that have lasting interest or value. (Ord. No. 2013-16 § 65)
An individual human being, as opposed to an organization of any form or a business entity.
The elevation of the ground surface before any grading.
Present or potentially habitable space designed for owner or tenant occupancy and exclusive use.
As used in Section 14-8.3 for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of Ordinance No. 1977-47.
As used in Section 14-8.14 (Impact Fees), means the subdivision of land; reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land, any of which increases the number of service units.
An establishment that provides, in combination with service of alcoholic beverages, amplified live entertainment or amplified music for dancing after the hour of 10:00 p.m.
A structure, located in an H district, that is less than fifty years old or that does not exhibit sufficient historic integrity to establish and maintain the character of the H District.
All uses not defined as residential.
Any living stage, including seeds and reproductive parts, of any parasitic or other plant designated as a noxious weed by the New Mexico Department of Agriculture, including Siberian elm (Ulmus pumila), Russian olive (Elaeagnus angustifolia), tree of heaven (Ailanthus altissima) and salt cedar (Tamarix spp.).
As used in Section 14-5.2 (Historic Districts), means the term used to distinguish from structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed, for example, sculpture, monuments, boundary markers, statuary and fountains.
As used in Section 14-8.3 (Flood Regulations), means any object, structure, embankment, excavation, channel or drainage way that may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by water, or that is placed where the flow of water might carry the obstruction downstream to the danger and injury of life or property.
The purpose for which a building is used or intended to be used or the number of people who are allowed to live in a dwelling unit or to occupy an assembly area. Also, the act of occupying or commencing occupation of land or structures.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
The area of a lot used for required temporary vehicular parking.
A flood having a one percent chance of being equaled or exceeded in any given year. A one percent chance event is the same as a base flood.
An outdoor area that permanently provides light and air and that satisfies, in whole or in part, the community's visual, psychological and recreational needs. (Ord. No. 2014-31 § 51)
As used in Section 14-6.2(A)(5) (Short-Term Rental of Dwelling Units), means a business license valid for one year, that authorizes the maintenance and operation of a mobile home park.
A person who, with or without a short-term rental permit or registration, rents or offers to rent a short-term rental unit to guests.
The keeping in an open area of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours.
A private nonprofit corporation or similar legal entity of property or condominium owners for the purpose of owning, operating and maintaining various common infrastructure facilities and/or properties. (Ord. No. 2013-16 § 66)
The part of the streetright-of-way lying between the back of the curb and the outer edge of the right-of-way and typically including the sidewalk and planting strip. (Ord. No. 2013-16 § 65)
As used in Section 14-3.17 (Appeals), means an applicant, an appellant or the land use director and all agents and representatives of that person.
Recreational activities that are not dependent on recreational apparatus such as swings, slides, goal posts or backstops and sports that do not comprise organized recreational activities such as baseball, volleyball, football or soccer.
The collection or storage of precipitation or runoff in surface or in-ground structures with no means of mechanical distribution.
A set of criteria or limits relating to elements that a particular use or process may not exceed.
Paving and subgrade that allow surface water to penetrate the paved surface and infiltrate the subsoil.
Except where limited to natural persons by definition, context or intent, person includes natural persons, corporations, companies, associations, joint stock companies, associations, firms, partnerships, limited liability companies or other legal entities.
A residential facility for twenty-six or more persons sixty years of age or older that provides living and sleeping facilities with common meal preparation, laundry services, room cleaning and assistance in daily living activities, and may provide other services such as transportation for routine social and medical appointments and counseling. A personal care facility for the elderly does not include independent kitchens or complete dwelling units and is not an extended care facility, hotel, motel or residential suite hotel or motel.
A business primarily engaged in providing frequent or recurrent needed services of a personal nature, including beauty or barber shops, shoe repair shops and tailor shops.
A place where drugs and other medicines are dispensed.
As used in Section 14-6.2(F) (Electric Facilities), means installation of electric facilities, but which are not relocation or replacement as defined in Article 14-12, where similar facilities have not previously existed.
A linear landscaped area typically located within or adjoining a parkway. (Ord. No. 2013-16 § 66)
The map, chart, survey, plan or replat certified by a professional land surveyor that contains a description of subdivided land with ties to permanent monuments.
As used in Section 14-6.2(F) (Electric Facilities), means steel, wood or other material placed in the ground to hold associated insulators, braces and other attachment hardware for electric service.
A long porch or portico with roof, supported by vertical posts.
Water that is suitable for consumption by humans.
As used in Section 14-6.2(E), any tower or antenna for which a buildingpermit has been issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired and including towers and antennas given interim approvals during the pendency Section 14-6.2(E), and not found by the governing body to be contrary to the purposes of Section 14-6.2(E).
A lot or combination of contiguous lotsdeveloped or approved for development as a unified complex of structures or uses, such as a planned unit development or a commercial or industrial center with common parking or access easements, regardless of whether the lots are held in single ownership and the buildings, structures or other appurtenances on the lots.
The person elected or appointed to direct the conduct of a public hearing. The presiding officer of a committee is the chairperson; the presiding officer of the governing body is the mayor or mayor pro tempore.
One or more principal faces or elevations of a building with features that define the character of the building's architecture.
A facility for social, cultural or educational activities open only to bona fide members and guests of the private organization operating the club or lodge, except those the chief activity of which is a service customarily carried on as a business.
Open space adjoining each dwelling unit, designed to provide privacy and having one or more points of ingress to the residence.
A person licensed by the state to practice engineering.
A person licensed by the state to practice land surveying.
As used in Sections 14-3.11(C) (Architectural Design Review) and 14-8.7 (Architectural Design Review), means all new exterior construction, except for maintenance, minor repairs, restoration and temporary structures, submitted to the city under a single application.
A parcel or parcels of land commonly owned and contiguous, excluding streets and rights of way.
Public parks, playgrounds, trails, paths, courtyards or other recreational areas and other public open spaces; scenic and historic sites; and property used by a nonprofit or charitable organization.
Certain improvements with a life expectancy of ten or more years ad that will be used by the public or used in common by owners of lots within a subdivision, or used in common by owners or tenants of a commercial or multiple-familyresidentialdevelopment. Public and quasi-public improvements include infrastructure, emergency access and fire suppression, terrain management improvements including revegetation and site restoration, storm drainage facilities and landscaping of common areas as determined by the land use director in accordance with written policies. Infrastructure that will be dedicated to the city or another government agency, to a public utility company or to an owners association is also included. See Section 14-9.1(B).
The total area of the land deeded, reserved by plat or otherwise acquired by the city, the county or the state primarily for the use of the public for the movement of people, goods and vehicles and for the installation and maintenance of public utilities or drainage ways.
An agency that, under public franchise or ownership or under a certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or similar service.
An artificial in-ground trench or other volume of porous rock that stores water for plant material use.
As used in Section 14-8.14 (Impact Fees), means a professional engineer, professional land surveyor, financial analyst or planner who provides services within the scope of their license, education or experience.
(Repealed by Ord. No. 2014-31 § 50)
A small above-ground storage tank, typically twenty-five to two hundred gallons, that collects and stores roof runoff from canals, downspouts or other sources.
A type of pitched roof with two sloping planes with a pitch less than a six (6) inch vertical rise in a twelve-inch horizontal run.
As used in Section 14-6.2(F) (Electric Facilities), means to increase the capacity of a line by removing the existing conductor and replacing it with a larger size conductor that will be operated at the same voltage.
A visual examination of land surfaces that are to be disturbed, and archival research of that property.
A city-owned facility used for public recreation, including active or passive recreation and sports, playgrounds and trails.
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and that is primarily designed as temporary living accommodation for recreational, camping or travel use and includes travel trailers, truck campers, camping trailers and self-propelled motor homes.
As used in Section 14-6.2(F) (Electric Facilities), means work on a pole or electric structure that involves replacing structural members, improving clearances, and other maintenance, replacement or retrofits on existing poles or electric structures.
A use located in a permanent building that provides regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.
A building having the primary purpose of either a church, temple, mosque, or other place of worship or to support and manage the practice of a specific set of religious beliefs.
As used in Section 14-6.2(F) (Electric Facilities), means removal of existing electric facilities and reinstallation of those facilities or new similar facilities in a new location not more than fifty (50) feet distant from the original location.
A change, including a reconstruction, in an architectural feature of a structure; provided that remodeling does not include the construction of additions.
As used in Section 14-6.2(F) (Electric Facilities), means removal of existing facilities and installation of new similar facilities in a location as close as practicable to the original location.
The buildings and premises that are designed and intended for some or all of the purposes indicated under the definition of filling station and designed and intended to perform major mechanical repairs and body work; provided, that body work and painting must be conducted within fully enclosed buildings and self-propelled vehicles not in safe operating condition must be stored in fully enclosed buildings.
Term used to describe occupancy, structures or districts primarily intended for or restricted to development and use for dwelling units. It does not include hotels or motels.
An establishment with two or more guest rooms that offers transient lodging accommodations, including daily accommodations, to the general public whose guest rooms uniformly contain bathroom, sleeping and independent cooking or kitchen or living room facilities, but that does not maintain or operate an on-site bar or restaurant facilities open to the general public; provided that if the residential suite hotel or motel is used by a nonprofit organization that provides human services, lodging for the organization's clients may be provided on a transient or more than thirty-day basis.
Those zones within Santa Fe that primarily permit accommodation of residential housing, including: RR, R-1 through R-6, R-7, R-8, R-9, R-10, R-12, R-21, R-29, R-7-I, RC-5, RC-8 and RAC districts and tracts of land designated by a PRC district master plan or other master plan for residential use.
The replication or reconstruction of a building's original architectural features.
The adjustment of plattedlot lines for the following purposes:
(A)
increasing or reducing the size of contiguous lots, but not less than the minimum standard size required by the city, or changing the shape of contiguous lots, commonly known as a lot line adjustment; and
(B)
combining contiguous lots, commonly known as a lot consolidation.
The resubdivision must result in the same or a fewer number of lots.
A business engaged in selling goods to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including department stores; supermarkets; pharmacies; bakeries; meat markets; liquor stores; hardware, paint or wallpaper stores; camera shops; florist's shops; gift shops; hobby shops; stationery shops; bookstores, apparel shops; shoe stores; variety stores; jewelry stores; stores for sales of gardening supplies and equipment; movie theaters; and bowling alleys.
A structure housing one or more retail establishments.
For the purposes of determining the applicability of special requirements that apply to large-scale retail establishments with single retail tenants greater than seventy-five thousand gross square feet or, for the purposes of determining the applicability of the one hundred fifty thousand gross square foot floor area maximum, means a single retail establishment that shares checkstands, management, a controlling ownership interest and storage areas, for example, a plant nursery or a grocery store associated with a general merchandise store, such as a home improvement store.
12 - DEFINITIONS
Any directional lighting that emphasizes a particular object or draws attention to a particular area.
A dwelling unit that qualifies as an accessory use and structure. See Section 14-6.3(D)(1) (Standards for Specific Accessory Uses).
Containing precipitation or run-off in a storage tank or other device and distributing that water with a mechanical system by means of gravity or a pump.
Placing construction materials in permanent position and fastening in a permanent manner; provided that where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal is actual construction as long as the work is diligently carried on until completion of the new construction involved.
Sun-dried block or coursing of dirt, clay, asphalt-impregnated earth or other natural earth materials.
A place open to the public in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, including computer imaging, are maintained to show images to five or fewer persons at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified anatomical areas.
A commercial establishment that as its principalbusiness offers for sale or rent for any form of consideration any one or more of the following:
(A)
books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(B)
instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar establishment whose primary activities regularly feature and include:
(A)
persons who appear in a state of nudity;
(B)
live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C)
films, motion pictures, videocassettes, slides, computer-generated images or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
A person that furnishes, offers to furnish or advertises to furnish escorts for a fee, tip or other consideration.
A hotel, motel or similar commercial establishment that:
(A)
offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;
(B)
offers a sleeping room for rent for a period less than ten hours; or
(C)
allows a tenant or occupant of a sleeping room to subrent the room for a period less than ten hours.
A commercial establishment that for any form of consideration, is substantially devoted to showing films, motion pictures, videocassettes, slides, computer-generated images or similar photographic reproductions that are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term does not include theaters that primarily feature films rated NC-17, R, PG, PG-13 and films other than unrated or X-rated films.
A coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
A business that offers as the primary purpose:
(A)
physical contact in the form of wrestling or tumbling between persons engaging in specified sexual activities or exposing specified anatomical areas; or
(B)
activities by one or more persons, either male or female, when at least one of the persons is engaging in specified sexual activities or exposing specified anatomical areas; provided that the term does not apply to artist models who pose in art classes for adult students or other settings solely for the purpose of assisting a sculptor, a painter or other artist in rendering an artist rendition or presentation of the model.
A structure, part of a structure or a device attached to, painted on or otherwise represented on a building, fence or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, direction, advertisement or other attention-getting device, including a sign. Advertising structure does not include a similar structure located within a building except illuminated signs within show windows.
Distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but excluding medicinal bitters. (Ord. No. 2013-1 § 3)
The portion of an alcoholic beverage licensee's premises in which all alcoholic beverages on display for sale are contained. (Ord. No. 2013-1 § 3)
The holder of any license or permit authorizing the sale of alcoholic beverages issued under the provisions of the New Mexico Liquor Control Act, but does not mean the holder of a server permit. (Ord. No. 2013-1 § 3)
The retail sale of alcoholic beverages for offsite consumption. (Ord. No. 2013-1 § 3)
A change of the architectural features of a structure, including the erection, construction, reconstruction or removal of the structure or any of its parts. Additions are considered alterations.
An area which is used for the raising of animals except as limited in Section 14-6.2(H) (Agricultural Uses).
An exterior transmitting or receiving device that may be mounted on a structure and that is used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
A retail establishment that offers for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations that have value and significance as a result of age, design or sentiment.
A person filing an appeal.
A request for a permit or other approval within the jurisdiction of the land use director, a land use board or the governing body that is required pursuant to Chapter 14, and includes the fees, forms, plans and associated documents.
The cultivation of aquatic animals in a recirculating environment to produce whole fish that are distributed to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
The cultivation of fish and plants together in a constructed, recirculating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients, for distribution to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
Nonportable cultural remains, including storage pits, firepits, burials, worksites, middens, architectural remains and undisturbed layers of deposited materials.
A concentration of cultural remains inferred to be the locations of specific human activities of the past.
Research in primary documents that is likely to yield information concerning the human occupation of a site, including deed, census, cartographic and judicial records.
The median income for the Santa Fe metropolitan statistical area as adjusted for various household sizes and published and revised periodically by the United States Department of Housing and Urban Development.
Portable material remains that exhibit evidence of human use or alteration.
As used in Section 14-8.14 (Impact Fees), means the determination of the amount of an impact fee.
The total volume of traffic during the time period from 7:00 a.m. to 6:00 p.m. in whole days, greater than one day and less than one year, divided by the number of days in that time period.
A roof-like covering projecting from the wall of a building and that is typically made of metal, plastic, canvas or other textile.
A temporary sign no larger than eighteen (18) square feet made of flexible material (cloth, paper, vinyl, or other lightweight, non-rigid material) on which information relating to an event, function, or activity is painted or printed, which projects from, hangs from, or is affixed to a city-owned support structure. (Ord. No. 2019-5, § 1)
A continuous shallow ditch parallel to a roadway that collects and distributes surface run-off from the roadway and adjacent terrain.
The cross section area of the stem or stems of a plant or of all plants in a stand expressed as square feet per acre. Bushes and shrubs, including piñon and juniper, are generally measured at or less than one inch above soil level. All other trees generally are measured at 4.5 feet above ground inclusive of bark. Measurements are taken from the uphill side of the slope. For the purposes of explanation only, 60 basal area is approximately equal to evergreen trees, each six (6) feet tall, planted on twelve (12) foot centers over one acre.
The flood having a one percent chance of being equaled or exceeded in any given year.
The elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year—also called the base flood. (Ord. No. 2012-19 § 5)
As used in the BCD, means the maximum permitted floor area ratio subject to the townscape standards where applicable, not taking into account allowable land-use intensity credits.
A dwelling unit that contains no more than twelve guest rooms where lodging, with or without meals, is provided for compensation.
(Repealed by Ord. No. 2014-31 § 50)
A process by which waterborne pollutants are absorbed, captured or broken down by soil or are absorbed by plant materials.
An owner-occupied dwelling unit where lodging for periods of thirty days or longer, with or without meals, is provided for compensation.
An erosion control method that places branches perpendicular to a contour on excavated terraces to build living structures, which terraces are then backfilled with soil, covering the branches except for the tips.
An erosion control method where woven pads of live branches are staked to slopes to build living structures for coverage.
That portion of a lot upon which buildings may be placed in compliance with required yards, lot coverage restrictions and other applicable provisions of Chapter 14.
As used in Section 14-5.6 Escarpment Overlay District and Section 14-8.2 Terrain and Stormwater Management, means a contiguous area of land located within a single lot on which a building with a footprint equal to not less than forty percent of the minimum required net lot area, or two thousand (2,000) square feet, whichever is less, can be developed in compliance with all requirements of those sections, all requirements of the underlying zone and all applicable development standards. (Ord. No. 2014-31 § 51)
The horizontal distance across the front of a building.
The director of the inspections and enforcement division or other person designated by the land use director.
The load-bearing portions of a building, including decking and sheathing for floors, walls and roofs.
An activity involving wholesale or retail sales or rental of any article, substance or commodity, including building materials and vehicles, and the provision of all commercial services, including financial institutions and personal commercial services. Where the term business is used to describe a type of land use or structure, it includes such use by any organization or individual, whether or not the use is conducted for profit. (Ord. No. 2014-31 § 51)
A business primarily engaged in rendering services to other businesses on a fee or contract basis, including advertising and mailing, building maintenance, employment service, management and consulting services, protective services and equipment rental and leasing.
The diameter of the trunk of a tree as measured six (6) inches above ground level, up to and including four (4) inch diameter, and twelve (12) inches above ground for larger sizes.
(Repealed by Ord. No. 2014-31 § 50)
As used in Section 14-6.2(E) (Telecommunications), means cable service as defined in the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended.
A plot of ground upon which one or more sites for camping are located, established or maintained for occupancy by a tent, trailer, recreational vehicle, cabin, lean-to or similar structure established, maintained and operated for the general public as temporary living quarters.
An area where cannabis products may be served and consumed by smoking, vaping, or ingesting, provided that alcohol cannot be sold or consumed in a cannabis consumption area.
A broad term that includes a cannabis testing laboratory , a cannabis manufacturer, a cannabis producer , a cannabis retailer, a cannabis research laboratory , a vertically integrated cannabis establishment , a cannabis producer microbusiness , or an integrated cannabis microbusiness .
A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using nonvolatile solvents, alcohol, or carbon dioxide, or without using solvents.
A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using volatile solvents or other methods that are outside the scope of light cannabis manufacturing.
A business conducted by a person licensed to cultivate more than two hundred (200) mature cannabis plants, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
A small business conducted by a person licensed to cultivate up to two hundred (200) mature cannabis plants at a single location, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
A product that is or that contains cannabis or cannabis extracts, including edible or topical products that may also contain other ingredients.
A facility that produces or possesses cannabis or cannabis products for the purpose of studying cannabis cultivation, characteristics, or uses.
A facility where cannabis products are sampled, collected, and tested.
An overhanging shelter or shade.
As used in Section 14-8.14 (Impact Fees), means any of the following facilities that have a life expectancy of ten or more years and are owned and operated by or on behalf of the city:
(A)
roadway facilities located within the service area, including roads, bridges, bike and pedestrian trails, bus bays, rights of way, landscaping and any local components of state and federal highways;
(B)
traffic signals located within the service area at the intersection of two city-maintained arterial streets;
(C)
neighborhood or pocket parks and related areas and facilities, referred to in Chapter 14 as "neighborhood parks" and community and regional parks, open space and trails and related facilities, referred to in Chapter 14 as "regional parks";
(D)
buildings for fire and rescue and essential equipment costing ten thousand dollars ($10,000) or more and having a life expectancy of ten years or more; or
(E)
buildings for police and essential equipment costing ten thousand dollars ($10,000) or more and having a life expectancy of ten years or more.
As used in Section 14-8.14 (Impact Fees), means a plan that identifies capital improvements or facility expansions for which impact fees may be imposed. Capital Improvements or facility expansions needed to serve projected development in the service area based on the approved land use assumptions are identified in the capital improvement plan for water, wastewater, roads, parks, fire and police development impact fees, April 2003 or similar subsequent report approved by the governing body.
A written document issued by the land use director certifying that a structure or use of land has been constructed or will be used in compliance with all applicable city codes and ordinances.
As used in Section 14-8.3 (Flood Regulations), means a portion of a drainageway that has a naturally or artificially developed bed or banks to confine and conduct a continuous or periodic flow of water.
An artificial, closed reservoir for storing water, often underground.
The City of Santa Fe.
A designated employee of the city who is both a professional engineer and a state-certified floodplain manager.
A medical, dental or other health care establishment with fewer than five beds or their equivalent where patients are admitted for examination and treatment by two or more health care practitioners sharing one office, and where patients are not lodged overnight.
A nonprofit organization and its premises, including a lodge, that caters exclusively to members and their guests for social, intellectual, political, recreational, athletic or other common purposes.
A development in which dwelling units are grouped together and where common open space is provided.
A form of development for a single-family subdivision that allows a reduction in lot area, provided there is no increase in the number of lots permitted by the zoning district, and the undeveloped land resulting from the lot reduction is devoted to open space.
The mounting or installation of an antenna on an existing tower or tower alternative. (Ord. No. 2014-31 § 52)
An educational institution accredited at the college level by an agency or association recognized by the U.S. secretary of education and legally authorized to offer at least a one-year program of study creditable towards a post-secondary degree.
Cultivating, producing, possessing, manufacturing, storing, testing, researching, labeling, selling, purchasing for resale, or consigning cannabis products (but excluding personal growing and use, medical cannabis program activities, and cannabis training and education programs).
A business conducted by a person that is licensed to sell cannabis products directly to consumers.
For the purpose of the annual water budget in Section 14-8.13, means one or more buildings constructed for nonresidential use. Commercial development includes hotels, motels, offices, stores and other retail establishments and industrial, manufacturing, wholesaling and warehousing activities.
A facility for commercial recreational purposes such as a theater, bowling alley, pool room, driving range, miniature golf, health club, sports field or amusement park.
A facility for the business of boarding horses or renting horses to the public.
A structure that is put to a commercial use as provided in Article 14-6 (Permitted Uses and Use Regulations).
The outdoor area accessible to all residents within a development, which may be owned in undivided interest by all the residents of the development, and it may remain in its natural state or may be landscaped or improved for passive or active recreational activities. (Ord. No. 2014-31 § 51)
A motor vehicle that is one hundred eighty-one (181) inches or less in length, measured from front to rear bumper.
As used in Section 14-6.2(F) (Electric Facilities), means electric service provider or its contractors or other persons constructing electric facilities and distribution facilities.
A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer. (Ord. No. 2016-41 § 5)
Three or more attached or detached dwelling units on one lot and located in the RC-5, RC-8, RAC, AC or BCD districts. (Ord. No. 2014-31 § 51)
A community residential program for persons currently in the custody of, or recently released by, correctional authorities which is designed to offer an alternative to imprisonment and/or to facilitate ex-offender reintegration into community life.
As used on Section 14-6.2(F) (Electric Facilities), means a substance or body, usually in the form of a wire, cable or busbar, that allows a current of electricity to pass continuously along it.
A shallow water retention pond built to store water and provide bio-filtration, where the soil is amended to a minimum depth of eighteen inches with one part organic matter to two parts soil and planted with grasses, shrubs or trees.
An artificial wetland designed and planted to store water and filter, process, absorb or breakdown waste products or pollutants.
Two or more lots with one or more common boundaries.
A residential community that provides a variety of living accommodations and differing levels of health care services to elderly or persons with disabilities as follows:
(A)
a continuing care community shall include:
(1)
congregate housing in which residents live in rooms without individual kitchen facilities and in which at least the following services are provided: common meal preparation, common dining, recreation and social areas, room cleaning, laundry and transportation; and
(2)
a full nursing care unit with beds;
(B)
a continuing health care community may include:
(1)
independent dwelling units for the elderly or persons with disabilities who are not in need of the level of care or services provided in congregate housing or an extended care facility, but who desire to live in a community where such services are available; and
(2)
an extended care facility; and
(C)
a hospital is not a continuing care community.
A line adjoining points of equal elevation on a topographic map.
A structure, located in a historic district, approximately fifty years old or older that helps to establish and maintain the character of that historic district. Although a contributing structure is not unique in itself, it adds to the historic associations or historic architectural design qualities that are significant for a district. The contributing structure may have had minor alterations, but its integrity remains.
Grasses that require large volumes or frequent applications of water, including Kentucky bluegrasses, perennial rye grasses, fine fescues and tall fescues.
The county of Santa Fe.
An area used for the raising or harvesting of agricultural crops intended to provide food or fiber.
The remains of prior human occupation or activity over seventy-five years of age, whether portable or nonportable, including historic and prehistoric artifacts, architectural features, human skeletal remains, animal skeletal remains found in an archaeological context, rock carvings and culturally altered landscapes.
A landscape modified by human activity, including roadways, agricultural fields, farming terraces and irrigation ditches or other water control devices.
The removal of earth material from the surface of the land.
The extent of development per unit of area. In residential areas or development projects, density is typically expressed in dwelling units per acre.
Preliminary submittals drawn to scale that fully delineate the architectural characteristics of a structure, but that are not detailed enough to be considered working or construction drawings.
As used for the BCD, means a desirable or optimum set of physical characteristics that distinguish each townscape subdistrict. Design objectives for each subdistrict form the basis for the development of townscape district standards governing the preservation or development, or both, within subdistricts.
The temporary storage of storm water to prevent excessive or excessively rapid runoff.
A manmade change in improved and unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, with the exception of routine maintenance and repair.
A development in which the owners own two (2) or more of the following facilities in common and have obtained a special use permit for operation of those facilities: swimming pools, spa facilities, golf courses, restaurants, or tennis facilities.
A lot used primarily for the purpose of retail sales.
As used in Section 14-6.2(F) (Electric Facilities), means the system of lines and poles, including the transformers and switches, and related appurtenances located thereon, that connects between transmission network and customer load that operates at electrical voltages of 40kV or below.
The total area of land dedicated or reserved by plat or otherwise acquired by the city, the county or the state primarily for the movement of storm water through a drainageway or land susceptible to flooding and for the maintenance of drainage structures. (Ord. No. 2012-19 § 5)
A natural or artificial land surface depression, with or without perceptibly defined bed and banks, to which or through which surface runoff gravitates, collects, impounds or is channeled for disposition.
An establishment that by design, physical facilities, service or packaging procedures encourages or allows customers to receive services, obtain or consume goods or be entertained while remaining in their motor vehicles.
A residentialbuilding containing two or more dwelling units on one lot, or two or more detached principal units on one lot.
One principaldwelling unit, occupied by one family, located on a lot without other principal uses or structures. Single-family dwelling includes a manufactured home but does not include a mobile home.
One or more rooms connected together constituting a separate, independent housekeeping establishment occupied by one family, for either owner occupancy, rental or lease and physically separated from any other dwelling unit that may be in the same structure, and containing independent cooking and sleeping facilities; provided that the term does not include group housing, hotels or motels.
Muted and flat colors found in the earth in the area of the development, consistent with a sample palette of earth tone colors maintained by the land use director, and which may include dull or matte off-white (yeso) but not bright white or chocolate brown.
Rock, natural soil or fill and any combination of these.
(A)
erosion prevention and control, including protection of natural drainage channels and compliance with an approved storm water drainage management plan;
(B)
preservation of significant native trees and other native site vegetation, including protection of natural area buffer zones;
(C)
conservation of water, including preservation of existing native vegetation, reduction in amounts or irrigated areas and similar considerations;
(D)
stream corridor and wetland protection and buffering;
(E)
site topography, including such characteristics as steepness of slopes, existing drainage features, rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic features;
(F)
floodplains and flood ways;
(G)
wildlife movement corridors; and
(H)
hydrology and groundwater flow.
As used in Section 14-6.2(F) (Electric Facilities):
(A)
40kV and above transmission lines;
(B)
Switching stations;
(C)
Substations; or
(D)
The placement of 3 or more distribution poles and related lines.
As used in Section 14-6.2(F) (Electric Facilities), the placement of 40kV and above transmission lines, switching stations, and substations; the upgrade, replacement, or relocation of any 40kV and above transmission lines, switching stations and substations; and the placement of more than 3 new distribution poles (not reviewed through the development review and building permit process).
As used in Section 14-6.2(F) (Electric Facilities), means any repair, restoration or replacement of an electric facilities made necessary because of a sudden unexpected event which has created a condition which is an immediate and continuing threat to the safety of property or persons.
As used in Section 14-6.2(F) (Electric Facilities), means electric facilities and distribution facilities used to provide service due to emergency conditions.
As used in Section 14-6.3(C)(2) (Standards for Specific Accessory Uses), means a person who is a full- or part-time worker, partner or independent contractor of a home occupation and who visits the site of the home occupation on a regular basis.
As used in Section 14-6.2(E) (Telecommunications), means a storage cabinet used exclusively for the protection of telecommunications equipment.
As used in Section 14-8.14, means a service unit measure representing the impact of a typical single-family dwelling on the park system. A typical single-family dwelling represents, on average, one EDU. Other types of units each represent a fraction of an EDU, based on their relative average household sizes.
To build, construct, attach, hang, place, suspend or affix and includes the painting of wall signs.
The wearing away of ground surfaces as a result of the movement of wind, water and ice.
Manmade improvements that are intended to limit or control erosion.
The mechanical removal of earth material.
A facility that provides health-related care and services on a regular basis to persons who do not require the degree of care and treatment that a hospital is designated to provide, but who, because of their mental or physical condition, require extended care and services that can be made available to them only through an institutional facility that provides at least two and three quarters hours of nursing care to each person daily. Extended care facility includes nursing homes and convalescent homes.
The material or assembly of materials applied to the exterior surface of a wall or roof for weather resistance or appearance, but excluding structural elements of the wall or roof such as decking or sheathing.
One whole exterior face or elevation of a structure from grade up to and including the top of the parapet. An individual façade is defined as including at least an eight-foot width that is offset from an adjacent plane by at least four feet.
As used in Section 14-8.14 (Impact Fees), means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
(A)
a natural person;
(B)
two or more natural persons related by blood, marriage, legal guardianship or adoption, plus resident domestic servants; or
(C)
a group of not more than five natural persons living together in a dwelling unit.
The area of a lot designated for activities and uses defined as urban agriculture. (Ord. No. 2016-41 § 5)
A table, stall, tent or other non-permanent structure located on an urban farm and operated by a vendor with a city-issued business license to sell to the public agricultural products grown on the same property where the farm stand is located, not to exceed 48 square feet in size. (Ord. No. 2016-41 § 5)
Structures that may include, but are not limited to, sheds (tool and packing), compost bins, shade pavilions, farm stands, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as greenhouses, hoop houses, cold frames, and similar structures. (Ord. No. 2016-41 § 5)
The artificial deposition of earth material.
The buildings and premises where motor vehicle fuels, lubricating oils, grease, batteries, tires and incidental vehicular accessories may be supplied and dispensed at retail, or, in connection with a private operation where the general public is excluded from the use of the facilities, where vehicular lubrication, brake adjustment, washing and related services may be rendered. Filling station does not include facilities that provide major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics found in a repair garage or a body shop.
The action taken that completes review of and decision on an application or appeal; see Section 14-3.17(A)(1).
As used in Section 14-8.14, means the date that a plat or development plan is recorded with the county clerk. This date is to be used to determine the beginning of the assessment period for which a permit would be charged impact fees according to a given fee schedule.
An outdoor market conducted by an operator as a business where spaces are rented, leased or are otherwise available to individual vendors who offer goods for sale to the public. Fewer than five individual vendors located on a property do not constitute a flea market. Flea markets do not include carnivals or similar functions primarily offering services or recreation.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(A)
the overflow of inland waters; or
(B)
the unusual and rapid accumulation or runoff of surface waters from any source.
The portion of the special flood hazard area that is outside of the floodway. (Ord. No. 2012-19 § 5)
A special flood hazard area, inclusive of the floodway and the flood fringe, where applicable. (Ord. No. 2012-19 § 5)
The official map of a community, on which the federal emergency management agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. (Ord. No. 2012-19 § 6)
(Repealed by Ord. No. 2012-19 § 4)
The person designated by the land use director to administer the city's flood regulations. The person shall be a state-certified floodplain manager as provided in Section 3-18-7 NMSA 1978.
The official report provided by the federal emergency management agency that contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map and an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. (Ord. No. 2012-19 § 5)
Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents.
The channel of a river or other watercourse and the adjacent land area that is reserved to discharge the one-percent chance event without cumulatively increasing the water surface elevation more than one foot in height.
A cultivator of or dealer in flowers or ornamental plants.
The configuration of the area of ground covered by a structure, including all its parts.
A dwelling unit maintained by a person licensed by the appropriate state agencies to have the control of a maximum of eight children, including foster, adopted and natural children, for periods exceeding twenty-four hours.
As used in Section 14-8.3 (Flood Regulations), means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave actions, bridge openings and the hydrological effect of urbanization of the watershed.
An artificial in-ground trench or other volume of rock or other material that distributes water for plant material use or infiltration.
The pumping, flow, release, escape or leakage of water from a pipe, valve, faucet, connection, diversion, well or water supply, transport, storage, disposal or delivery system or facility onto adjacent property or the public or private right-of-way, an arroyo or other water course, whether natural or manmade, or onto a paved or non-planted landscape area.
As used in Section 14-3.10 (Development in Special Flood Hazard Areas) means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as bridges and piers.
A building used for the preparation of the dead for burial and the display of the dead and ceremonies connected with the dead before burial or cremation.
A type of pitched roof characterized by a vertical triangular portion at two opposite sides of the building and frequently characterized by dormers. The triangular portion extends from the level of the cornice or eaves to the ridge of the roof. See Illustration 14-5.2-7, "Examples of Roof Types".
The Santa Fe general plan adopted by Resolution No. 1999-45, as amended.
A retail establishment, a majority of whose gross receipts are derived from the sale of items commonly referred to as gifts or souvenirs, including arts and crafts; toys; clothing, such as caps and t-shirts; house wares, such as novelty or souvenir mugs, glasses and plates; souvenir photographs; collectibles; natural or manmade artifacts; leather goods; jewelry; home furnishings; imported gift items; candy; glassware; and toiletries.
The brightness of a light source that causes eye discomfort, including:
(A)
nuisance glare, which means light that creates an annoyance or aggravation, but does not create a potentially hazardous situation; and
(B)
disabling glare, which means light that impairs visibility and creates a potentially hazardous situation for either pedestrians or motorists.
The city council and the mayor acting in their official capacities during a meeting of a quorum.
The ground level of a specified area of land; the act of grading. (Ord. No. 2014-31 § 51)
Any excavating or filling or combination of excavating and filling.
Untreated household wastewater that has not come into contact with toilet waste. Gray water includes used water from bathtubs, showers, bathroom wash basins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
A structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants.
A retail establishment, with or without a related dwelling unit, catering mainly to a local market area, primarily dispensing foods and beverages, but also dispensing certain incidental items not intended for human consumption, but not including the sale of motor vehicle fuels nor any sales or display outside of an enclosed building.
The housing density calculated by dividing the total number of dwelling units by the total area in residentialdevelopment in accordance with Chapter 14.
The total floor area, including basements, mezzanines, interior balconies and upper floors expressed in square feet, measured from the outside surface of the outside walls.
A dwelling unit licensed by the appropriate state agency where full-time shelter, rehabilitation, care and supervision are given on a non-institutional basis to children or adults who are neglected, abandoned, or who have physical, mental or developmental disabilities, mental illness, or substance or alcohol dependence. Live-in nursing care is not a primary part of the services provided. (Ord. No. 2012-11 § 29)
A non-family dwelling unit where care, supervision and services are provided to residents of any age who have difficulty caring for themselves, including the elderly, persons with disabilities and children living apart from families. This category includes facilities commonly known as group homes, community residential care, board and care or assisted living facilities, halfway houses and foster homes. This category does not include facilities that provide services to nonresident clients; that provide more than incidental or occasional nursing, medical or other therapeutic treatment, such as extended care facilities, hospitals or detoxification centers; or community residential corrections programs.
A group residential care facility for eight or fewer resident clients who are not participants in a community residential correctional program.
Any person who rents a short-term rental unit or occupies a short-term rental unit during a rental period.
As used in Section 14-8.14 (Impact Fees) and for the purpose of assessing and collecting impact fees for residentialdwelling units, means all floor area enclosed, heated and intended for daily habitation, including kitchens, bedrooms, living or family rooms, dens, laundry rooms and associated interior stairs and closets. Unless heated and intended as living area, the term excludes garages, solariums and porches. Heated living area is measured from the outside surface of the outside walls enclosing the contiguous floor area.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
A type of pitched roof characterized by the intersection of four or more roof planes, the eave lines of which are not parallel. See Illustration 14-5.2-7, "Examples of Roof Types".
An identifiable grouping of historic resources, including buildings, structures and landscaping elements, as described in Section 14-5.2(K)(2)(a). Historic compounds may be comprised of more than one lot.
A comprehensive, long-term plan describing any planned modifications, including demolitions, additions or exterior rehabilitations, to existing structures or buildings, landscaping or new construction in the historic compound.
A structure that is fifty years old or older.
An occupation or business activity that results in a product or service and that is conducted for gainful employment in a dwelling unit by a person residing in that dwelling unit. A home occupation is customarily incidental to the residential use of the dwelling unit.
A private nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties.
An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and includes, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
An internet website, a mobile application, or any other forum used to connect a short-term rental owner or operator with guests and to facilitate the booking of a short-term rental unit.
A facility offering transient lodging and accommodations, with or without individual kitchens, to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities.
The Housing Opportunity Program set forth in Article 26-1 (Santa Fe Homes Program). (Ord. No. 2012-11 § 30)
A facility, which may or may not be a lodging facility, operated by a organization that provides aid to more than twenty-five persons in need of counseling, food, clothing, lodging, financial or legal assistance, out-patient health services, vocational and educational training and related services. Lodging may be provided on an emergency or transitional basis and consist of dormitory rooms or individual lodging units containing sleeping facilities with or without kitchen or living room facilities available for daily, weekly or monthly stays.
The propagation of plants using a mechanical system designed to circulate a solution of minerals in water, for distribution to retailers, restaurants and consumers. (Ord. No. 2016-41 § 5)
(Repealed by Ord. No. 2014-28 § 6)
A built or paved area that will not absorb storm water; provided that impervious surface does not include graveled surfaces.
Any material that will not ignite at or below a temperature of one thousand two hundred degrees Fahrenheit and will not continue to burn or glow at that temperature.
Mini-storage units that are not directly accessible from the outside of the building.
The development of more intensive land uses on vacant or underutilized sites.
Storage of storm water or other runoff in a facility that empties solely by moving into the soil or through evaporation.
A below grade water system that collects, infiltrates and distributes storm water or other run-off.
Facilities needed to sustain development activities, including water and sewer lines, electric, gas, telephone service, storm drainage systems and streets and roads.
The radius of the curve made by the inside wheel of the vehicle.
A person who is licensed as an integrated cannabis microbusiness and authorized to conduct one or more of the following:
1.
production of cannabis at a single licensed premises; provided that the person shall not possess more than two hundred (200) total mature cannabis plants at any one time;
2.
manufacture of cannabis products at a single licensed premises;
3.
sales and transportation of only cannabis products produced or manufactured by that person;
4.
operation of only one retail establishment; or
5.
couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants, or directly to consumers.
The extent of development per unit of area; or the level of use as determined by the number of employees and customers and degree of impact on surrounding properties such as noise and traffic.
Interior walls, doors, floor coverings and ceiling systems that are not part of the building structure.
The use of a unit or units for which the exclusive right of use or occupancy circulates among various owners for a contractually limited period or periods of time.
Any area, lot, land, parcel, building or structure or part of these used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap; discarded goods, materials or machinery; two or more unregistered, inoperable motor vehicles; or other type of junk. A junkyard does not include such uses conducted entirely in an enclosed building.
A commercial establishment where animals are boarded, kept or maintained.
The light-producing source installed in a luminaire.
As used in Section 14-8.14 (Impact Fees), means a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a five-year period.
A city board, commission, committee or authority that has jurisdiction over any matter arising under Chapter 14 or otherwise within the jurisdiction of the land use director, including the board of adjustment, the planning commission, the historic districts review board and the archaeological review committee.
The director of the land use department or the director's designee.
The granting of additional development capacity above the base line floor area ratio, expressed in gross floor areas.
A structure outside a historic district that otherwise meets the definition of a significant structure. A structure may also be a landmark structure if it is listed on or is eligible to be listed on the State Register of Cultural Properties or the National Register of Historic Places.
A person who is licensed by the state to design, construct and install decorative and functional alterations and plantings of grounds, including natural and manmade irrigation and drainage facilities.
The project design approach, including the proposed treatment of existing vegetation, if applicable that is:
(A)
primarily native landscape, which may incorporate non-native plant material;
(B)
urban landscape, with street trees or other urban design elements; or
(C)
a combination of Subsections A and B of this definition.
The addition of a predominantly vegetative combination of trees, shrubs, ground cover, rocks, woodchips, gravel, fences, walls, earth berms, planters, water features, art objects and landscape furniture to accomplish functions such as screening, shade, special definition, buffers, erosion control and ornamental enhancement.
The planting and maintaining of live plants and the use of some natural and manufactured materials, including walls, fences and earth berms.
An establishment providing washing and drying machines on the premises for rent to the general public.
A lot that was created prior to the date of any applicable provision of law that required the lot to be approved as part of a subdivision, or that has been created as part of a subdivision created in accordance with all applicable laws or ordinances, or that has been created by a court order as provided in Section 14-3.7(A)(6), or for which a certificate of compliance has been issued pursuant to Section 14-3.7(A)(7)(b). The lot must be shown on a duly recorded plat or other written instrument that adequately describes the lot, that is recorded with the county clerk, and that documents compliance with this definition. (Ord. No. 2013-16 § 66)
A legal lot of record that fails to conform to the standards of this Chapter for lots, such as the area, dimension or location or access requirements.
A structure or portion of a structure that was lawfully constructed but that fails to conform to the standards of Chapter 14 for structures, such as restrictions on area, lot coverage, height, required yards or other characteristics of the structure or its location on the lot as a consequence of annexation of the structure into the city or as a consequence of adoption of or amendments to Chapter 14.
A use that was lawfully established, but that fails to conform to the use regulations of this chapter as a consequence of annexation into the city or as a consequence of adoption of or amendments to Chapter 14.
A person who has received written permission or a license to undertake an activity regulated by Chapter 14.
The manufacturing and assembly of small electronic or machine parts, consumer goods, food or food ingredients, dry goods and other goods and services that are produced or assembled inside a building.
The general sky glow caused by the scattering of artificial light in the atmosphere that results in decreased ability to see the natural night sky.
The lines, cables, fibers or any other such carriers that are linear in nature and that are used for the transmission of water, gas, electricity, data, video images, voice images or other such services.
A bioengineering method by which box-like structures of interlocking timbers backfilled with alternating layers of soil and branch cuttings are used to stabilize a slope, with roots of cuttings extending into the slope to provide structural support.
A distinct area logically and conveniently located for bulk pickups and deliveries scaled to the size of the delivery vehicles expected to be used and accessible to such vehicles.
The space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
A lot located at the intersection of two or more streets or at the intersection of a common driveway or access road servicing more than one lot. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot, or an extension of the lot where it has been rounded by a street radius, meet at an interior angle of less than one hundred thirty-five degrees. See lots marked AE in the Lot Types diagram.
A lot having its front and rear lot lines coincident with streetright-of-way lines.
A lot other than a corner lot, with only one frontage on a street other than an alley. See lots marked B in the Lot Types diagram.
A lot, other than a regular lot, not necessarily abutting a public street, that is located, shaped or oriented to adjacent lots in such a way that the usual required yards of this Chapter are impractical and may not be logically determined. See definition of "YARD, SPECIAL".
A lot abutting a public street that is so located, shaped or oriented to adjacent lots that the required yards of this Chapter may be applied. A regular lot has the location of its front, side and rear required yards determined by and related to adjacent yard patterns.
A lot that is at right angles, or approximately right angles, to the general pattern of lots in the area involved. A reversed frontage lot may also be a corner lot or an interior lot, A-D and B-D in the Lot Types diagram, or even, in rare cases, a through lot, which is not illustrated.
A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots". See lot marked C in the Lot Types diagram.
As used in Section 14-8.3 (Flood Regulations), means the lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure usable solely for parking or vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor; provided that such enclosure is built in compliance with the applicable non-elevation design requirement of 44 CFR Section 60.3, the National Flood Insurance Program regulations. (Ord. No. 2012-19 § 5)
As used in Section 14-8.14 (Impact Fees), means all major and minor arterials identified on the Santa Fe functional road classifications map within the urban area.
A structure transportable in one or more sections that is:
(A)
built on a permanent chassis;
(B)
designed for use with or without a permanent foundation;
(C)
constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974, the Housing and Urban Development Zone Code 2 or the applicable building code, as of the date of the unit's construction;
(D)
installed consistent with the Manufactured Housing Act and with the rules promulgated pursuant to that act relating to permanent foundations; and
(E)
for the purposes of Section 14-8.3 (Flood Regulations), connected to the required utilities.
For floodplain management purposes, manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days, but does not include those vehicles as manufactured homes for flood insurance purposes.
The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors.
An exterior roof-like projection over an entrance or window.
The separate storage spaces of varying sizes within one or more structures that are leased or rented on an individual basis.
The development of a tract of land, building or structure in a compact urban form with two or more different uses, including residential, office, manufacturing, retail, public use, light industrial or entertainment.
A structure that is:
(A)
transportable in one or more sections;
(B)
built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation; and
(C)
not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974, the Housing and Urban Development Zone Code 2 and the Uniform Building Code.
A development in existence prior to December 10, 2012 (effective date of this Ordinance No. 2012-37) consisting of the premises where one or more mobile homes are parked for residential use or where spaces or lots are set aside or offered for sale or rent for use by mobile homes for residential use, including any land, building, structure or facility used by occupants of mobile homes on such premises, but does not include a single mobile home located on a lot in a residential district pursuant to a special use permit. Manufactured homes may be located within mobile home parks as provided in Section 14-7.2(I)(7). (Ord. No. 2012-37 § 6)
A plot of land within a mobile home park designed for the accommodation of one mobile home or manufactured home. (Ord. No. 2012-37 § 6)
That portion of the mobile home space intended for occupancy by the mobile home or manufactured home proper, consisting of dimensions to be determined by the size of the unit to be accommodated. (Ord. No. 2012-37 § 6)
A prefabricated structure built to all applicable building codes and used as a permanent building or dwelling unit that does not have permanent or temporary axles of its own and that is connected permanently to an on-site foundation made exclusively for that modular home or building.
An establishment providing transient lodging and accommodations, with or without kitchens, to the general public and containing six or more rooms with at least twenty-five percent of all rooms having direct access to the outside premises without the necessity of passing through the main lobby of the building.
Any material applied to the surface of the soil to decrease moisture loss and control the growth of weeds; organic mulches include bark and wood chips, straw, grass, hay, compost and seed shells and inorganic mulches include rock and gravel.
An institution devoted to the procurement, care, study and display to the public of objects that have lasting interest or value. (Ord. No. 2013-16 § 65)
An individual human being, as opposed to an organization of any form or a business entity.
The elevation of the ground surface before any grading.
Present or potentially habitable space designed for owner or tenant occupancy and exclusive use.
As used in Section 14-8.3 for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of Ordinance No. 1977-47.
As used in Section 14-8.14 (Impact Fees), means the subdivision of land; reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land, any of which increases the number of service units.
An establishment that provides, in combination with service of alcoholic beverages, amplified live entertainment or amplified music for dancing after the hour of 10:00 p.m.
A structure, located in an H district, that is less than fifty years old or that does not exhibit sufficient historic integrity to establish and maintain the character of the H District.
All uses not defined as residential.
Any living stage, including seeds and reproductive parts, of any parasitic or other plant designated as a noxious weed by the New Mexico Department of Agriculture, including Siberian elm (Ulmus pumila), Russian olive (Elaeagnus angustifolia), tree of heaven (Ailanthus altissima) and salt cedar (Tamarix spp.).
As used in Section 14-5.2 (Historic Districts), means the term used to distinguish from structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed, for example, sculpture, monuments, boundary markers, statuary and fountains.
As used in Section 14-8.3 (Flood Regulations), means any object, structure, embankment, excavation, channel or drainage way that may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by water, or that is placed where the flow of water might carry the obstruction downstream to the danger and injury of life or property.
The purpose for which a building is used or intended to be used or the number of people who are allowed to live in a dwelling unit or to occupy an assembly area. Also, the act of occupying or commencing occupation of land or structures.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
The area of a lot used for required temporary vehicular parking.
A flood having a one percent chance of being equaled or exceeded in any given year. A one percent chance event is the same as a base flood.
An outdoor area that permanently provides light and air and that satisfies, in whole or in part, the community's visual, psychological and recreational needs. (Ord. No. 2014-31 § 51)
As used in Section 14-6.2(A)(5) (Short-Term Rental of Dwelling Units), means a business license valid for one year, that authorizes the maintenance and operation of a mobile home park.
A person who, with or without a short-term rental permit or registration, rents or offers to rent a short-term rental unit to guests.
The keeping in an open area of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours.
A private nonprofit corporation or similar legal entity of property or condominium owners for the purpose of owning, operating and maintaining various common infrastructure facilities and/or properties. (Ord. No. 2013-16 § 66)
The part of the streetright-of-way lying between the back of the curb and the outer edge of the right-of-way and typically including the sidewalk and planting strip. (Ord. No. 2013-16 § 65)
As used in Section 14-3.17 (Appeals), means an applicant, an appellant or the land use director and all agents and representatives of that person.
Recreational activities that are not dependent on recreational apparatus such as swings, slides, goal posts or backstops and sports that do not comprise organized recreational activities such as baseball, volleyball, football or soccer.
The collection or storage of precipitation or runoff in surface or in-ground structures with no means of mechanical distribution.
A set of criteria or limits relating to elements that a particular use or process may not exceed.
Paving and subgrade that allow surface water to penetrate the paved surface and infiltrate the subsoil.
Except where limited to natural persons by definition, context or intent, person includes natural persons, corporations, companies, associations, joint stock companies, associations, firms, partnerships, limited liability companies or other legal entities.
A residential facility for twenty-six or more persons sixty years of age or older that provides living and sleeping facilities with common meal preparation, laundry services, room cleaning and assistance in daily living activities, and may provide other services such as transportation for routine social and medical appointments and counseling. A personal care facility for the elderly does not include independent kitchens or complete dwelling units and is not an extended care facility, hotel, motel or residential suite hotel or motel.
A business primarily engaged in providing frequent or recurrent needed services of a personal nature, including beauty or barber shops, shoe repair shops and tailor shops.
A place where drugs and other medicines are dispensed.
As used in Section 14-6.2(F) (Electric Facilities), means installation of electric facilities, but which are not relocation or replacement as defined in Article 14-12, where similar facilities have not previously existed.
A linear landscaped area typically located within or adjoining a parkway. (Ord. No. 2013-16 § 66)
The map, chart, survey, plan or replat certified by a professional land surveyor that contains a description of subdivided land with ties to permanent monuments.
As used in Section 14-6.2(F) (Electric Facilities), means steel, wood or other material placed in the ground to hold associated insulators, braces and other attachment hardware for electric service.
A long porch or portico with roof, supported by vertical posts.
Water that is suitable for consumption by humans.
As used in Section 14-6.2(E), any tower or antenna for which a buildingpermit has been issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired and including towers and antennas given interim approvals during the pendency Section 14-6.2(E), and not found by the governing body to be contrary to the purposes of Section 14-6.2(E).
A lot or combination of contiguous lotsdeveloped or approved for development as a unified complex of structures or uses, such as a planned unit development or a commercial or industrial center with common parking or access easements, regardless of whether the lots are held in single ownership and the buildings, structures or other appurtenances on the lots.
The person elected or appointed to direct the conduct of a public hearing. The presiding officer of a committee is the chairperson; the presiding officer of the governing body is the mayor or mayor pro tempore.
One or more principal faces or elevations of a building with features that define the character of the building's architecture.
A facility for social, cultural or educational activities open only to bona fide members and guests of the private organization operating the club or lodge, except those the chief activity of which is a service customarily carried on as a business.
Open space adjoining each dwelling unit, designed to provide privacy and having one or more points of ingress to the residence.
A person licensed by the state to practice engineering.
A person licensed by the state to practice land surveying.
As used in Sections 14-3.11(C) (Architectural Design Review) and 14-8.7 (Architectural Design Review), means all new exterior construction, except for maintenance, minor repairs, restoration and temporary structures, submitted to the city under a single application.
A parcel or parcels of land commonly owned and contiguous, excluding streets and rights of way.
Public parks, playgrounds, trails, paths, courtyards or other recreational areas and other public open spaces; scenic and historic sites; and property used by a nonprofit or charitable organization.
Certain improvements with a life expectancy of ten or more years ad that will be used by the public or used in common by owners of lots within a subdivision, or used in common by owners or tenants of a commercial or multiple-familyresidentialdevelopment. Public and quasi-public improvements include infrastructure, emergency access and fire suppression, terrain management improvements including revegetation and site restoration, storm drainage facilities and landscaping of common areas as determined by the land use director in accordance with written policies. Infrastructure that will be dedicated to the city or another government agency, to a public utility company or to an owners association is also included. See Section 14-9.1(B).
The total area of the land deeded, reserved by plat or otherwise acquired by the city, the county or the state primarily for the use of the public for the movement of people, goods and vehicles and for the installation and maintenance of public utilities or drainage ways.
An agency that, under public franchise or ownership or under a certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or similar service.
An artificial in-ground trench or other volume of porous rock that stores water for plant material use.
As used in Section 14-8.14 (Impact Fees), means a professional engineer, professional land surveyor, financial analyst or planner who provides services within the scope of their license, education or experience.
(Repealed by Ord. No. 2014-31 § 50)
A small above-ground storage tank, typically twenty-five to two hundred gallons, that collects and stores roof runoff from canals, downspouts or other sources.
A type of pitched roof with two sloping planes with a pitch less than a six (6) inch vertical rise in a twelve-inch horizontal run.
As used in Section 14-6.2(F) (Electric Facilities), means to increase the capacity of a line by removing the existing conductor and replacing it with a larger size conductor that will be operated at the same voltage.
A visual examination of land surfaces that are to be disturbed, and archival research of that property.
A city-owned facility used for public recreation, including active or passive recreation and sports, playgrounds and trails.
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and that is primarily designed as temporary living accommodation for recreational, camping or travel use and includes travel trailers, truck campers, camping trailers and self-propelled motor homes.
As used in Section 14-6.2(F) (Electric Facilities), means work on a pole or electric structure that involves replacing structural members, improving clearances, and other maintenance, replacement or retrofits on existing poles or electric structures.
A use located in a permanent building that provides regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.
A building having the primary purpose of either a church, temple, mosque, or other place of worship or to support and manage the practice of a specific set of religious beliefs.
As used in Section 14-6.2(F) (Electric Facilities), means removal of existing electric facilities and reinstallation of those facilities or new similar facilities in a new location not more than fifty (50) feet distant from the original location.
A change, including a reconstruction, in an architectural feature of a structure; provided that remodeling does not include the construction of additions.
As used in Section 14-6.2(F) (Electric Facilities), means removal of existing facilities and installation of new similar facilities in a location as close as practicable to the original location.
The buildings and premises that are designed and intended for some or all of the purposes indicated under the definition of filling station and designed and intended to perform major mechanical repairs and body work; provided, that body work and painting must be conducted within fully enclosed buildings and self-propelled vehicles not in safe operating condition must be stored in fully enclosed buildings.
Term used to describe occupancy, structures or districts primarily intended for or restricted to development and use for dwelling units. It does not include hotels or motels.
An establishment with two or more guest rooms that offers transient lodging accommodations, including daily accommodations, to the general public whose guest rooms uniformly contain bathroom, sleeping and independent cooking or kitchen or living room facilities, but that does not maintain or operate an on-site bar or restaurant facilities open to the general public; provided that if the residential suite hotel or motel is used by a nonprofit organization that provides human services, lodging for the organization's clients may be provided on a transient or more than thirty-day basis.
Those zones within Santa Fe that primarily permit accommodation of residential housing, including: RR, R-1 through R-6, R-7, R-8, R-9, R-10, R-12, R-21, R-29, R-7-I, RC-5, RC-8 and RAC districts and tracts of land designated by a PRC district master plan or other master plan for residential use.
The replication or reconstruction of a building's original architectural features.
The adjustment of plattedlot lines for the following purposes:
(A)
increasing or reducing the size of contiguous lots, but not less than the minimum standard size required by the city, or changing the shape of contiguous lots, commonly known as a lot line adjustment; and
(B)
combining contiguous lots, commonly known as a lot consolidation.
The resubdivision must result in the same or a fewer number of lots.
A business engaged in selling goods to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including department stores; supermarkets; pharmacies; bakeries; meat markets; liquor stores; hardware, paint or wallpaper stores; camera shops; florist's shops; gift shops; hobby shops; stationery shops; bookstores, apparel shops; shoe stores; variety stores; jewelry stores; stores for sales of gardening supplies and equipment; movie theaters; and bowling alleys.
A structure housing one or more retail establishments.
For the purposes of determining the applicability of special requirements that apply to large-scale retail establishments with single retail tenants greater than seventy-five thousand gross square feet or, for the purposes of determining the applicability of the one hundred fifty thousand gross square foot floor area maximum, means a single retail establishment that shares checkstands, management, a controlling ownership interest and storage areas, for example, a plant nursery or a grocery store associated with a general merchandise store, such as a home improvement store.