(A)

Relationships Among Different Applications, Permits and Approvals

Construction permits and certificates of occupancy are the final forms of approval for most development within Santa Fe. Issuance of construction permits and certificates of occupancy may be contingent on the applicant having previously received one or more other permits or forms of approval, such as a rezoning or development plan approval. Where possible without creating an undue administrative burden on the city's decision-making bodies and staff, simultaneous processing of applications for different permits and approvals that may be required for the same development project is allowed to expedite the overall review process for the project. After this first section of general provisions, each of the subsequent sections in Article 14-3 addresses a different type of permit or approval. This section is organized in roughly chronological order, reflecting the relative timing of the different permits and approvals.

(B)

Authority to File Applications

(1)

Unless otherwise specified in Chapter 14, applications for review and approval under Chapter 14 may be filed by:

(a)

the owner of the property that is the subject of the application;

(b)

the owner's authorized agent with written authorization;

(c)

a land use board; or

(d)

the land use director.

(2)

When a land use board files an application, it does so without prejudice to the outcome.

(C)

Form of Application

(1)

Applications required by Chapter 14 shall be submitted in a form and in such number as required by the land use director.

(2)

Each application shall include plans, calculations and reports sufficient to clearly demonstrate compliance with all applicable provisions of Chapter 14 and applicable state and federal regulations that are administered or enforced by the city. The number and format of the required documentation shall be as required by the land use director.

(3)

The land use director shall provide standardized checklists and format guidelines for each type of application. The land use director may waive the submittal of items on the checklist or require supplemental materials not included on the checklist where such action is necessary to clearly demonstrate compliance with applicable provisions.

(4)

In the course of reviewing an application, the governing body and the land use boards may waive the submission of items on the checklist or may require supplemental materials not included on the checklist where such action is necessary to clearly demonstrate compliance with applicable provisions.

(D)

Schedule of Fees, Charges and Expenses

The governing body shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for construction permits, appeals, subdivisions, amendments and other applications. This schedule of fees, charges and expenses shall be posted in the planning and land use department and may be altered or amended only by the governing body. No permit or approval required under Chapter 14 shall be issued or granted unless and until applicable charges, fees and expenses have been paid in full.

(E)

Pre-Application Conferences

(1)

Applicability

(a)

Pre-application conferences are required prior to submission of applications for:

(i)

amendment of the number, shape, boundary or area of any district, whether by a non-governing-body-initiated annexation or a rezoning;

(ii)

subdivisions, unless the land use director waives, in writing, the requirement for good cause shown; and

(iii)

a residentialdevelopment request that is subject to the Santa Fe Homes Program set forth in Section 26-1 SFCC 1987;

(b)

The land use director may determine that a pre-application conference is necessary for other applications to land use boards due to the scope or complexity of the proposed project; and

(c)

The land use director may waive or modify the pre-application conference procedures based on a determination that the purposes of the conference have been achieved by other means or that the limited scope or simplicity of the project does not warrant a formal pre-application conference.

(2)

Procedures

(a)

At least fifteen calendar days before the application is filed, the applicant shall initiate a pre-application conference with the land use director.

(b)

For annexations and rezonings, the purpose of the pre-application conference is to review the proposal for conformity with the general plan, availability of community facilities and utilities, proposed utilities and street improvements, required park and open space improvements and other requirements as may be dictated by city ordinance.

(c)

For subdivisions:

(i)

the applicant shall submit to the land use director a sketch plan and supplementary data sufficient to determine the feasibility of the proposal. The applicant should employ a competent land planner, professional engineer or professional land surveyor to assist in the development of the proposed subdivision;

(ii)

the land use director, the public works department and other city departments as appropriate shall advise the applicant as to the appropriateness of the subdivision proposal in relation to the general plan, utility accessibility, road and street system capacity, terrain management and suitability of the proposed subdivision in relation to present city codes, regulations and ordinances; and

(iii)

for subdivisions comprising fewer than ten lots, the land use director may waive the requirement to provide the sketch plan and supplementary data at the pre-application meeting.

(3)

Responsibility

The city does not assume any responsibility for a lack of understanding of these regulations by the applicant. Advice to the applicant shall not be construed to result in the city, its officers, agents or employees becoming responsible for damages to the applicant as a result of the applicant's reliance on information given by them. Advice to the applicant does not limit the discretion of any land use board or the governing body in making conditions of approval for the proposed development not anticipated at the time of the pre-application conference.

(F)

Early Neighborhood Notification Procedures

(1)

Intent

Early neighborhood notification (ENN) is intended to provide for an exchange of information between the applicant and residents and propertyowners in affected neighborhoods before plans become too firm to respond meaningfully to community input and before changes in plans might cause major financial losses by the applicant. Notification set forth in this section is in addition to notification required elsewhere in Chapter 14, unless the other notification procedures are duplicative with the requirements of this section.

(2)

Applicability to Projects Reviewed by the board of adjustment, planning commission or the governing body.
(Ord. No. 2013-16 § 4)

(a)

ENN is required for the following types of projects, if a public hearing before the board of adjustment, planning commission or the governing body is required by other provisions of Chapter 14:

(i)

annexations;

(ii)

master plans;

(iii)

rezonings;

(iv)

development plans, except final development plans for which ENN procedures were followed at the preliminary development plan review stage;

(v)

subdivision plats, except final subdivision plats for which ENN procedures were followed at the preliminary plat review stage;

(vi)

vacation and dedication of rights of way;

(vii)

variances, except those requesting construction or modification of an individual single-family dwelling and appurtenant accessorystructures or those requesting a reduction in the total parking requirements of five or fewer spaces and those requesting variances to Section 14-8.10 (Signs);

(viii)

special use permits, except those for mobile homes;

(ix)

telecommunications facilities as set forth in Section 14-6.2(E);

(x)

electric facilities as set forth in Section 14-6.2(F);

(xi)

amendment to any of the preceding; and

(xii)

amendments to the future land use map of the general plan.

(b)

ENN is not required in the following specific circumstances:

(i)

projects or amendments to project approvals that do not require public hearings before the board of adjustment, planning commission or the governing body;

(ii)

time extensions that do not otherwise modify a project approval.

(3)

Applicability to City Capital Improvement Projects
(Ord. No. 2014-36 § 1)

(a)

ENN is required for certain types of citycapital improvement projects requiring review by the governing body as follows:

(i)

facility plans for municipal facilities or services, including wastewater, solid waste, potable water and airport facilities;

(ii)

new projects or projects to expand or extend service to new service areas included in the capital improvement plan or general plan;

(iii)

any new road construction or reconstruction of an existing road that materially expands capacity; and

(iv)

projects funded out of capital impact fee funds.

(v)

any new park or reconstruction or expansion of an existing park that exceeds one acre in size or one hundred and fifty thousand dollars ($150,000) in cost; construction of a new building or structure at a park or placement of new lighting at a park that exceeds one hundred and fifty thousand dollars ($150,000) in cost.

(b)

The following types of capital improvement projects do not require ENN:

(i)

replacement, repair or maintenance of underground facilities where such activity does not represent a material expansion of existing facilities;

(ii)

road maintenance, repair, surfacing or resurfacing, striping, curb and gutter or sidewalk repair or maintenance, sign maintenance, signal repair, shoulder work, bridge or culvert maintenance work; and

(iii)

special assessment districts covered by state law or city ordinance.

(4)

ENN Meeting Scheduling; Notice Required

ENN meetings shall be scheduled with the land use director prior to issuing notice. Notice of meeting shall be given in accordance with Subsection 14-3.1(H).

(5)

ENN Meeting

The announced meeting shall take place at least ten days before the development project application is submitted. Attendees should make a good-faith effort to communicate with the applicant. The meeting shall be attended by a representative of the land use director whose role at the meeting shall be to acquaint the applicant and community with provisions of city ordinances, applicable requirements of city codes and the development review process. At the meeting, the applicant shall present schematic or preliminary plans for the proposed project and a drawing or other graphical representation suitable to reasonably indicate streets and structures within a two hundred (200) foot radius from the perimeter of the property that is the subject of the application.

(6)

ENN Guidelines

For any project application required to meet ENN requirements, the applicant and neighborhood shall use the guidelines set forth below to assist them in discussing the project at ENN meetings. The guidelines are based on the requirements of Chapter 14 and the general plan and other formally adopted city plans. Where applicable, the applicant shall respond in writing with a short narrative statement. Interested parties may also respond. Responses from all participants shall be provided to the land use board hearing the application. Responses for specific elements may be cross-referenced to other submittal documents. The ENN guidelines provided in this paragraph are adopted for use by applicants in meeting with interested parties.

(a)

Effect on Character and Appearance of Surrounding Neighborhoods

When applicable, the applicant shall state how existing requirements for architectural design review, historic districts, lighting, signs, telecommunications, open space, landscaping, trails, parks and the BCD regulations are met. Considerations may include:

(i)

the number of stories of buildings;

(ii)

the average setbacks;

(iii)

the mass and scale of the project;

(iv)

architectural style of any construction;

(v)

landscaping;

(vi)

lighting; and

(vii)

access to public places, open spaces and trails.

(b)

Effect on Protection of Physical Environment

When applicable, the applicant shall state how existing code requirements and adopted plans for terrain management, escarpment, landscape, BCD, architectural design, open space and trails, and flood management regulations are met. Considerations may include:

(i)

existing tree cover;

(ii)

existing open space;

(iii)

rivers, arroyos and floodplains;

(iv)

rock outcroppings and escarpments;

(v)

trash generation;

(vi)

lighting;

(vii)

fire risk;

(viii)

use of hazardous materials; and

(ix)

whether the project involves easements, density transfers or other legal mechanisms that result in open space or other environmental protection.

(c)

Impacts on Prehistoric, Historic, Archaeological or Cultural Sites or Structures, Including Acequias and Historic Downtown

When applicable, the applicant shall state how existing Chapter 14 requirements for the historic districts and archaeological review are met. Consideration may include the project's compatibility with any historic or cultural sites located on the property where the project is proposed.

(d)

Relationship to Existing Density and Land Use Within Surrounding Area and With Land Uses and Densities Proposed by the General Plan

When applicable, the applicant shall state how the application meets requirements for annexation and rezoning and historic district regulations and how the application is consistent with the general plan future land use map and other policies.

(e)

Effects on Pedestrian or Vehicular Traffic and Access to Services

When applicable, the applicant shall state how the requirements for parking, the Americans with Disabilities Act, the general plan future land use map and other policies and traffic studies are met. Considerations may include:

(i)

increased access to public transportation and public transportation corridors;

(ii)

effects of design or services provided on traffic in the neighborhood and citywide;

(iii)

whether the project helps in the equitable distribution of traffic citywide, reduces overall travel distance or encourages alternate transportation modes;

(iv)

traffic mitigation measures, including changes in flow of pedestrian and vehicular traffic;

(v)

cumulative traffic impacts;

(vi)

enhancement of transit options;

(vii)

pedestrian access to destinations; and

(viii)

new or improved pedestrian trails to recreational and cultural activities and human and educational services.

(f)

Impact on Economic Base of Santa Fe

When applicable, the applicant shall state how the provisions for the city's economic development plan and the general plan are met. Considerations may include:

(i)

availability of jobs to Santa Fe residents;

(ii)

whether or how the project promotes and encourages businesses consistent with the city's economic development plan and compatible with neighborhood livability;

(iii)

market impacts on local businesses and potential displacement of local property and businessowners; and

(iv)

how the project supports economic development efforts to improve living standards of neighborhoods and their businesses.

(g)

Effect on Availability of Affordable Housing and Availability of Housing Choices

When applicable, the applicant shall state how existing requirements for the Santa Fe Homes Program (SFHP) and the policies of the general plan are met. Considerations may include:

(i)

creation, retention or improvement of affordable housing;

(ii)

how the project contributes to meeting the needs for various housing types serving different ages, incomes and family sizes to maintain the unique, heterogeneous character of Santa Fe;

(iii)

whether or how the project increases or decreases the supply of housing for which there is an identified need;

(iv)

whether the project contributes to a more even distribution of this housing throughout Santa Fe;

(v)

the creation or retention of affordable business space; and

(vi)

whether or how the project increases the availability of all housing types close to the city center or neighborhood centers.

(h)

Effect On Public Services and Infrastructure Elements

When applicable, the applicant shall state how existing requirements for telecommunications and city and utility company requirements are met. Considerations may include whether or how the project maximizes the efficient use or contributes to the improvement of existing public infrastructure and services.

(i)

Impacts on Water Supply, Availability and Conservation Methods

When applicable, the applicant shall state how existing requirements for landscaping, water and sewer availability statements, water conservation and policies of the city's water division are met. Considerations may include:

(i)

conservation and mitigation measures;

(ii)

efficient use of distribution lines and resources; and

(iii)

whether or how the construction or use of the project may affect water quality and supplies.

(j)

Effect on Opportunities for Community Integration and Social Balance

When applicable, the applicant shall state how the existing requirements for community integration are met. Considerations may include how the project improves opportunities for community integration and balance through mixed land uses, neighborhood centers or pedestrian-oriented design.

(k)

Effect on Urban Form

When applicable, the applicant shall state how the policies for urban form are met. Considerations may include:

(i)

whether the project promotes a compact urban form through appropriate infill development and consolidation of the city's boundary to avoid leapfrog development; and

(ii)

the effect of the project on the need for travel between different parts of Santa Fe and between employment centers and areas.

(G)

Application Completeness

An application shall be considered complete if it is submitted in the required form; includes all mandatory information, including all exhibits specified by the land use director; and is accompanied by the applicable fee. The land use director shall make a determination of application completeness. If an application is determined to be incomplete, the land use director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future re-submittal.

(H)

Notice Requirements The notices required by this section shall indicate the nature of the change proposed; the property affected; the time, date, and place of the hearing or meeting; and the deadline for receiving written comments regarding the request, if applicable. The notice shall be approved by the land use director. Neighborhood associations that wish to receive notifications of hearings and meetings and copies of agendas, including email notifications, must register with the land use director.

(1)

Notice of Public Hearing Before Land Use Boards and ENN Meetings.

(a)

General Notice Requirements

The notice requirements in Subsections 14-3.1(H)(1)(b), (c) and (d) below apply to public hearings required for all applications and ENN meetings, except that:

(i)

Public hearings concerning development review actions initiated by the city require notification as described in Subsection 14-3.1(H)(1)(e);

(ii)

Public hearings concerning Archaeological Clearance Permits require notification in accordance with Section 14-3.13(C)(3);

(iii)

Public hearings concerning projects heard before the historic districts review board shall meet the agenda and posting requirements in Subsections 14-3.1(H)(1)(b) and (c) below, but mailed notification in accordance with Subsection 14-3.1(H)(1)(d) is not required; and

(iv)

Public hearings concerning appeals must provide notice as described in Subsection 14-3.1(H)(4).

(b)

Agenda Requirements

For all public hearings required before any land use board, the land use director shall place the tentative meeting agenda in a local daily newspaper of general circulation at least fifteen calendar days prior to the scheduled meeting. In addition, the land use director shall post the tentative meeting agenda in City Hall and send a copy to neighborhood associations that are registered with the land use director, at least fifteen days prior to the scheduled meeting.

(c)

Posting Requirements

(i)

For all ENN meetings and public hearings required before a land use board, except appeals, the property shall be posted by the applicant with posters obtained from the land use director at the applicant's expense. At least one poster shall be prominently displayed, visible from each public and private street and road abutting the property, and securely placed on the property at least fifteen calendar days prior to the scheduled meeting. Placement of the posters shall be in such a manner as to not compromise public safety.

(ii)

The posters shall be removed within thirty days after final action, and failure to do so may result in the city removing the poster and charging the applicant a civil fee of fifty dollars ($50.00).

(d)

Mailing and Emailing Requirements

Notice of a public hearing or ENN meeting shall be mailed via the United States postal service by the applicant at least fifteen calendar days prior the public hearing or meeting as follows:

(i)

notices shall be mailed by first class mail to the owners of properties within three hundred (300) feet of the subject property as shown in the records of the county treasurer, and to the physical addresses of such properties where the property's address is different than the address of the owner;

(ii)

notices shall also be mailed by first class mail to neighborhood associations that have registered with the land use director and that will be directly affected by the proposed action or that have a boundary within three hundred (300) feet of the subject property. Email notices to the neighborhood associations shall be provided on the same day the applicant sends postal notices;

(iii)

for zone changes of one block or less, notices to propertyowners for public hearings before the governing body or the planning commission shall be by certified mail with return receipt requested as required by Section 3-21-6 NMSA 1978;

(iv)

in the case of an application for a telecommunications facility, all propertyowners within the corresponding setback distances listed in Section 14-6.2(E) shall also receive notices;

(v)

if a notice by certified mail of a zoning change is returned undelivered, the city shall attempt to discover the owner's most recent address and shall send the notice by certified mail to that address as required by Section 3-21-6 NMSA 1978;

(vi)

copies of all required mailing lists, mailing certificates and return receipts shall be provided to the land use director prior to the public hearing or ENN meeting with an affidavit of mailing signed by the person who mailed the notices.

(e)

Notice Requirements for City-Initiated Development Review Actions

(i)

Agenda Requirement

Agendas must be posted and published as provided in Subsection 14-3.1(H)(1)(b) and (c).

(ii)

Posting Requirement

For a project that affects one lot or other clearly-delineated premises, posting must occur as provided in Subsection 14-3.1(H)(1)(c). For a project that affects a larger project area, the city shall securely place in the public right-of-way one poster at each major intersection within or near the plan or project area. There shall also be at least one poster for every three hundred (300) acres. Where the city is the applicant and the plan or project area is less than one city block, one poster shall be placed within the public right-of-way at the nearest intersection to the subject property. All posters shall be placed at the appropriate sites at least fifteen calendar days prior to the scheduled public hearing or meeting and shall indicate the nature of the change proposed; identification of the plan or project area; and the time, date and place of the public hearing or ENN meeting.

(iii)

Mailing Requirements

Mailed notice shall be provided as required in Subsection 14-3.1(H)(1)(d).

(iv)

Publishing Requirements

At least fifteen days before the public hearing, the city must publish a display advertisement in a local daily newspaper of general circulation stating the date, time and place of the public hearing, describing the nature of the change.

(2)

Notice of Public Hearing Before Governing Body

Notice shall be provided as required in Subsection 14-3.1(H)(1)(a) or (e), as applicable. In addition, the applicant shall publish one notice in a local daily newspaper of general circulation at least fifteen calendar days prior to the public hearing.

(3)

Postponed or Recessed and Reconvened Public Hearings and Meetings

If a public hearing or ENN meeting is postponed prior to the scheduled meeting, re-notification is not necessary if notice of the new date, time and location of the meeting is clearly posted at the time and place where the original public hearing or meeting was to be held. A public hearing or meeting may be recessed and reconvened without re-noticing if the date, time and place for the meeting is specified immediately prior to recessing.

(4)

Appeal Hearing Notice Requirements

The following shall apply to all public hearings on appeals to land use boards or to the governing body.

(a)

Agenda Requirements

The land use director shall place the appeal on the agenda of the body hearing the appeal and shall publish and post the agenda in accordance with the established procedures for that body.

(b)

Notice Requirements

The appellant shall give written notice of the appeal as follows:

(i)

Form of Notice

The notice shall be in a form approved by the land use director as being adequate to ensure that the average citizen reading the notice will be fairly informed of the general purpose of what is to be considered;

(ii)

Procedure for Giving Notice

The appellant shall give notice of the time, date and place of the public hearing by first class mail postmarked at least fifteen days prior to the public hearing. The notice shall be approved by the land use director prior to mailing, and an affidavit of mailing shall be provided by the appellant.

(iii)

Notice Recipients

The following shall receive notice: 1) all appellants and appellees; and 2) all persons or neighborhood associations that were required to be mailed notice for the application giving rise to the final action being appealed.

(c)

Failure to Provide Notice

If the appellant fails to provide proof of proper notice in a form approved by the land use director prior to the public hearing on an appeal, the appeal shall be deemed withdrawn and may not be refiled. The land use director may waive this requirement if the appellant shows good cause. The land use director's decision is not appealable.

(5)

Notice Requirement for Subdivisions Creating One Additional Lot

At least thirty (30) calendar days before the land use director acts on an application for a subdivision that would create one additional lot pursuant to subsection 14-3.7(D), the applicant shall:

(a)

post the property with a public notice poster obtained from city staff. Such poster shall be prominently displayed, visible from a public street, and securely placed on the property; and shall indicate the nature of the request, identity of the applicant, property affected, earliest date that a decision will be made, and phone number for the city staff contact; and

(b)

mail notice to all owners of properties, as shown in the records of the county treasurer, and to the physical addresses of such properties where the property's address is different than the address of the owner, and to all neighborhood associations that are within three hundred (300) feet of the property. The notice shall state that the public may review the application in the planning and land use department and may submit written comments to the land use director or request that the application be referred to the planning commission for review and decision. A final decision of the land use director may be appealed to the planning commission within thirty (30) days of the decision pursuant to section 14-3.17.

(I)

Public Hearing Procedures

Public hearings shall follow the procedures adopted by resolution of the governing body.

(J)

Conditions of Approval

Applications may be approved with conditions of approval to ensure compliance with the purpose and intent of Chapter 14 or any section of this chapter and any applicable city land use policy.

(K)

Post-Approval Procedures - Rezoning

(1)

If, in accordance with the provisions of Chapter 14 and Sections 3-21-1 through 3-21-11 NMSA 1978, changes are made in district boundaries or other matter portrayed on the official zoning map, those changes shall be made on the official zoning map within thirty days after the ordinance adopting the change in zoning classification has been approved by the governing body.

(2)

A rezoning ordinance shall be published one time either in its entirety or by title and a general summary of the subject matter contained in the ordinance, whichever the governing body elects to do at least five days prior to its effective date, unless otherwise provided by law.

(L)

Required Submittals

It is the applicant's responsibility to submit all materials necessary to prove that an application complies with the terms of Chapter 14. The land use director may require additional materials reasonably necessary to determine compliance with the terms of this chapter.

(M)

Time for Review of Applications

If a land use board does not act on an application within ninety days of submission of a completed application, the applicant may request review of the application by the governing body.

(Ord. No. 2019-27, § 5)

(A)

Purpose

The general plan is a guide for the city's land use decisions. The regulations, restrictions and policies of the city affecting development of Santa Fe shall be in accordance with the general plan as provided in Section 3-21-5 NMSA 1978. When necessary, the general plan shall be amended in accordance with this section.

(B)

Applicability

The general plan must first be amended before any proposed changes in the city's policies on urban area boundaries, annexation, growth, economic development, special review districts or other long-range planning items not in conformance with the general plan may be approved. For example:

(1)

annexations must conform to the general plan. The general plan must be amended before any annexations not already in conformance with the general plan may be approved; and

(2)

the official zoning map provided for in Section 14-4.1(C) must conform to the general plan. The general plan must first be amended before:

(a)

new zoning regulations establishing new land use classifications may be approved; or

(b)

approval of a change in zoning district designation that is inconsistent with the land use classification shown on the general plan's future land use map. The determination of consistency shall be made based on review of the future land use map and applicable policies of the general plan, recognizing that there may not be in every case a direct correspondence between the land use classifications in the general plan and the zoning district designations in Chapter 14.

(C)

Amendments Not Required

Changes in the city's specific policies and code provisions that do not conflict with the general plan do not require general plan amendments.

(D)

Procedures

(1)

Land Use Director Review and Recommendation

When applications are made for annexations, rezonings or other governing body or planning commission cases, the land use director shall determine in writing whether an amendment to the general plan is first required. The land use director shall review applications for amendment to the general plan for compliance with Chapter 14 and other city land use policies and make a recommendation to the planning commission. If an amendment is required, the amendment may be considered by the planning commission and the governing body concurrently with other applications.

(2)

Planning commission Review and Recommendation

(a)

All proposed general plan amendments shall be submitted to the planning commission for review and recommendation at a public hearing.

(b)

The planning commission shall then transmit the application to the governing body, together with a recommendation based on the criteria set forth in Subsection 14-3.2(E) of this section as to approval, disapproval, desirable changes and special conditions and safeguards.

(3)

Governing Body Decision

Before taking action on a proposed general plan amendment, the governing body shall hold a public hearing. After reviewing the land use director report, the recommendation of the planning commission and any evidence obtained at the public hearing, the governing body shall take final action to approve, approve with conditions or deny the proposed general plan amendment.

(E)

Approval Criteria

(1)

Criteria for All Amendments to the General Plan

The planning commission and the governing body shall review all general plan amendment proposals on the basis of the following criteria, and shall make complete findings of fact sufficient to show that these criteria have been met before recommending or approving any amendment to the general plan:

(a)

consistency with growth projections for Santa Fe, economic development goals as set forth in a comprehensive economic development plan for Santa Fe and existing land use conditions such as access and availability of infrastructure;

(b)

consistency with other parts of the general plan;

(c)

the amendment does not:

(i)

allow uses or a change that is significantly different from or inconsistent with the prevailing use and character in the area; or

(ii)

affect an area of less than two acres, except when adjusting boundaries between districts; or

(iii)

benefit one or a few landowners at the expense of the surrounding landowners or the general public;

(d)

an amendment is not required to conform with Subsection 14-3.2(E)(1)(c) if it promotes the general welfare or has other adequate public advantage or justification;

(e)

compliance with extraterritorial zoning ordinances and extraterritorial plans;

(f)

contribution to a coordinated, adjusted and harmonious development of Santa Fe that in accordance with existing and future needs best promotes health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development; and

(g)

consideration of conformity with other city policies, including land use policies, ordinances, regulations and plans.

(2)

Additional Criteria for Amendments to Land Use Policies

In addition to complying with the general criteria set forth in Subsection 14-3.2(E)(1), amendments to the land use policies section of the general plan shall be made only if evidence shows that the effect of the proposed change in land use shown on the future land use map of the general plan will not have a negative impact on the surrounding properties. The proposed change in land use must be related to the character of the surrounding area or a provision must be made to separate the proposed change in use from adjacent properties by a setback, landscaping or other means, and a finding must be made that:

(a)

the growth and economic projections contained within the general plan are erroneous or have changed;

(b)

no reasonable locations have been provided for certain land uses for which there is a demonstrated need; or

(c)

conditions affecting the location or land area requirements of the proposed land use have changed, for example, the cost of land space requirements, consumer acceptance, market or building technology.

(3)

Additional Criteria for Neighborhood Plans

In addition to complying with the general criteria for general plan amendments set forth in Sections 14-3.2(E)(1) and (2), the adoption of neighborhood plans shall comply with the following:

(a)

Purpose

The purpose of the neighborhood plan is to record neighborhood-specific policies to promote the well-being of the neighborhood.

(b)

Neighborhood

For the purpose of neighborhood planning, a neighborhood is defined as the geographic area, people and facilities that satisfy a household's basic needs for food, shelter, recreation, social identity, security, primary education and other basic services. For the purpose of calculating the percentages required in this paragraph, each parcel is entitled to a single vote no matter how many persons might own the single parcel.

(c)

Public Information Meetings

The land use director shall conduct public information meetings regarding the neighborhood planning process.

(d)

Petition

A neighborhood may petition the land use director to develop a neighborhood plan. The petition shall contain:

(i)

a description of the proposed boundaries of the neighborhood;

(ii)

the signatures of forty percent of the propertyowners of record in the proposed boundaries; and

(iii)

the names and contact information for a steering committee of at least five persons from the neighborhood to work with the land use director.

(e)

Acceptance of Petition

(i)

The land use director shall review neighborhood boundaries and recommend changes, if necessary, so that the proposed boundaries adhere to the definition of a neighborhood as set forth in Subsection 14-3.2(E)(3)(b).

(ii)

The land use director shall verify that the petition complies with Subsection 14-3.2(E)(3)(d)(ii).

(iii)

The land use director may prioritize the processing of neighborhood plans based upon: 1) available city resources; 2) how the neighborhood plan integrates and potentially furthers broader city planning objectives and projects; and 3) changes in the community.

(iv)

If, after the land use director has accepted the petition for the preparation of a neighborhood plan, the city is unable to begin the process for the neighborhood plan within sixty days, a neighborhood whose petition has been delayed may proceed as set forth in Section 14-5.10(C) (Creation of Neighborhood Conservation Overlay District Alternative).

(f)

Preparation of Neighborhood Plan

(i)

The neighborhood steering committee is responsible for the preparation of the neighborhood plan with input from the neighborhood and the assistance of the land use director.

(ii)

The plan shall respond to and address the general plan themes set forth in Section 1.7 of the general plan (1999).

(iii)

The plan shall include at least these elements: 1) a description of the neighborhood, including its history, assets, existing conditions and future challenges; 2) a detailed listing of neighborhood issues and concerns; 3) a statement expressing a neighborhood vision or goals; 4) neighborhood recommendations outlining actions to be taken to implement plan elements; and 5) an implementation strategy designed to enact neighborhood priority recommendations.

(iv)

In addition, the plan may include the following elements: 1) an improvement plan containing an assessment of the physical improvement needs of the neighborhood; and 2) the characteristics of the neighborhood that are proposed to be regulated within a proposed neighborhood conservation overlay district as set forth in Section 14-5.10.

(g)

Public Meetings

(i)

The neighborhood steering committee shall hold at least two public meetings at which the proposed neighborhood plan shall be discussed and developed. The meetings shall be coordinated with the land use director and held at a reasonable time and place to maximize public attendance.

(ii)

Notice for the first public meeting shall follow the notice requirements for early neighborhood notification as set forth in Section 14-3.1(H). Notice for subsequent meetings shall be determined by the steering committee. If the proposed boundaries are enlarged, notice shall be given to those additional propertyowners and physical addressees as for the first scheduled meeting.

(h)

Planning Commission Subcommittee

(i)

A final draft of the neighborhood plan shall be submitted to a subcommittee of the planning commission, such as the long-range planning subcommittee, which shall review and make recommendations regarding the completeness of the plan and its adherence to the general plan themes.

(i)

Neighborhood Ballot

(i)

The steering committee shall mail a ballot by regular mail to all propertyowners of record within the plan boundaries. The ballot shall ask for a single affirmative or negative vote for the proposed plan. The steering committee shall include a stamped envelope addressed to the land use director for returning ballots.

(ii)

If, within thirty days of mailing the ballot, the city receives ballots approving the plan from greater than fifty percent of the propertyowners of record within the neighborhood plan boundaries, the land use director shall initiate a general plan amendment to adopt the neighborhood plan as set forth in this section.

(j)

Time to Complete Plan

From the date of receipt of petition to initiate a neighborhood plan to the deadline for receipt of neighborhood ballots shall not exceed two years unless a specific time extension is approved by the land use director.

(A)

Procedure

(1)

Proposal of Text Amendments

(a)

A text amendment may be proposed by:
(Ord. No. 2013-16 § 6)

(i)

the governing body;

(ii)

the planning commission;

(iii)

a department or agency of the city; or

(iv)

any other person, who must submit a request for a text amendment, in writing, directly to the governing body, or a member thereof.

(2)

Staff Review and Recommendation

The land use director shall review the proposed text amendment and make a recommendation as to its conformance to the review criteria. The land use director may suggest changes to the amendment to better conform to the review criteria or current policy and procedure.

(3)

Notice

Notice of amendments to the text of Chapter 14 shall be given as required by Sections 3-17-3 and 3-21-6 NMSA 1978 and any other applicable requirements.

(4)

Public Hearings

All proposed text amendments shall be submitted to the planning commission for review and recommendation at a public hearing, except for proposed amendments to Sections 14-2.6 and 14-5.2, on which the historic districts review board shall review and issue recommendations; to Sections 14-2.7, 14-3.13 and 14-5.3, on which the archaeological review committee shall review and issue recommendations; and to Section 14-8.13, on which the public works and utilities committee shall review and issue recommendations. The land use board's review and recommendation shall be based on the approval criteria set forth in Subsection 14-3.3(B). A land use board shall hold a public hearing on a text amendment and make a recommendation if directed to do so by the governing body. Before taking action on a proposed text amendment, the governing body shall hold a public hearing. After reviewing the land use director's and planning commission's recommendations and any comments made at the public hearings, the governing body shall take final action to approve, approve with amendments, or deny the proposed text amendment. (Ord. #2019-32, § 4)

(5)

Compilation

After adoption, the land use director shall provide a copy to the city's ordinance compiler for compilation into Chapter 14.

(B)

Review Criteria and Findings

All text amendments shall be reviewed on the basis of the following criteria:

(1)

compliance with law;

(2)

consistency with the general plan;

(3)

consistency with other policies adopted by the governing body;

(4)

consistency with the purpose and intent of Chapter 14 and of the section being amended;

(5)

consideration of how the amendment relates to other provisions of the Santa Fe City Code and the avoidance of unintended consequences; and

(6)

consistency with any approved neighborhood conservation overlay districts.

(A)

Three Methods of Annexation

There are three methods of annexing territory:

(1)

Arbitration Method

The arbitration method may be used by the governing body to annex contiguous territory as authorized by Sections 3-7-5 through 3-7-10 NMSA 1978.

(2)

Municipal Boundary Commission method

The municipal boundary commission method may be used by the governing body or by a majority of landowners of the territory proposed to be annexed, upon petition to the municipal boundary commission as authorized by Sections 3-7-11 through 3-7-16 NMSA 1978.

(3)

Petition Method

The petition method may be used by a majority of landowners of the territory proposed to be annexed and the petition must be presented to the governing body for approval or rejection as authorized by Section 3-7-17 NMSA 1978.

(B)

Zoning Designation for Newly Annexed Parcels

All newly annexed parcels shall be considered to be in the R-1 district unless otherwise classified by rezoning.

(C)

Procedures

(1)

Application and Required Information

(a)

Annexation Petitions by Landowners

(i)

All annexation requests by petition of the landowners shall be accompanied by a letter of application, a plat of the area proposed to be annexed, a master plan or a concurrent rezoning application, or both, for the area proposed to be annexed, a proposed annexation agreement and other supporting materials required by the land use director, and shall meet all other requirements of Section 3-7-17 NMSA 1978. When the city is the petitioning landowner, a map showing the city-owned land to be annexed may be submitted in lieu of a plat.

(ii)

In the case of an annexation request by petition of landowners brought by municipal boundary commission method, the petition must conform to the requirements listed in Item (i) above as well as those set forth in Section 3-7-13 NMSA 1978.

(b)

Annexation Requests Initiated by the Governing Body

When an annexation is initiated by the governing body under the arbitration or municipal boundary commission methods, the governing body shall provide the information required by Sections 3-7-5 and 3-7-13 NMSA 1978, respectively. In addition, the following shall apply:

(i)

when annexation is initiated to consolidate city boundaries or services, a plan demonstrating how such consolidation will take place shall be provided; and

(ii)

when annexation is proposed for purposes other than consolidation of city boundaries or services, a sector plan shall be provided.

(2)

Planning Commission Recommendation

(a)

All proposed petition-method annexations shall be submitted to the planning commission for review and recommendation at a public hearing based on the approval criteria set forth in Subsection 14-3.4(D). In the course of the review, the planning commission shall make complete findings of fact on all applications. The planning commission shall not rule on the economic feasibility of any development proposed in an annexation master plan.

(b)

The planning commission shall transmit the application to the governing body, together with a recommendation based on the criteria in Subsection 14-3.4(D) as to approval, disapproval, desirable changes and special conditions and safeguards.

(c)

If the planning commission does not act on a request for annexation application review within ninety days after submission, the applicant may request review of the proposed annexation by the governing body.

(3)

Governing Body Decision

(a)

Before taking action on any proposed petition-method annexation, the governing body shall hold a public hearing. After reviewing the land use director's report, if any, the recommendation of the planning commission and any evidence obtained at the public hearing, the governing body shall take final action to approve, approve with conditions or deny the proposed annexation.

(b)

When a proposed petition-method annexation has failed to receive the recommended approval of the planning commission, the annexation shall not be approved by the governing body except by a majority vote of all the members of the governing body.

(4)

Notifications

(a)

The city shall submit each annexation petition to the board of county commissioners as required by Section 3-7-17.1 NMSA 1978.

(b)

The city shall notify the school board about the public hearing date for all petition-method annexations over twenty-five acres at least fifteen days in advance of the hearing.

(c)

The city shall notify the county planning and land use department of all annexations approved by the city.

(5)

Resubmission of Annexation Applications

Once an application for an annexation has been denied by the governing body after public hearing, a like or similar application for the same property shall not be filed within twelve months from the date of denial by the governing body, unless the applicant can establish before the planning commission that there has been a substantial change in conditions and circumstances surrounding the request that would warrant a reconsideration of the matter.

(6)

Protest Petitions

If the owners of twenty percent or more of the land included in the area, or within one hundred (100) feet, excluding public rights of way, of the area proposed to be changed by an annexation, protest in writing, the proposed petition-method annexation shall not become effective unless it is approved by a majority vote of all the members of the governing body.

(D)

Approval Criteria

The planning commission and the governing body shall review all petition-method annexation proposals on the basis of the following criteria. The reviewing entities must make complete findings of fact sufficient to show that the criteria provided in this section have been met before recommending or approving any annexation:

(1)

the proposed annexation is within the urban area boundary;

(2)

generally, the area to be annexed provides a consolidation of city boundaries and service areas; provided that allowance shall be made for those properties that are prohibited from annexation by charter or other legal instrument; and provided further that in all cases the proposed annexation must be contiguous with existing city boundaries;

(3)

generally, a proposed development should not impose an economic burden on citizens or result in an indirect subsidy of services by the city. Specifically, evidence shall be provided by the applicant that the existing infrastructure; public facilities, including fire stations and parks; and operating services, such as ongoing garbage collection, police and fire, can accommodate the impacts of the proposed development;

(4)

the amount of and proposed use for the land to be annexed is consistent with the city's policies regarding the provision of urban land sufficient to meet the amount, rate and geographic location of growth of the city. It is recognized that the city does not have an obligation to annex land if it is determined as a matter of city policy that the inventory of urban land, by land use category, is adequate to meet the projected absorption rates of the city for housing and other purposes for a specified number of years as set forth in that policy;

(5)

any proposed development is compatible with the provisions of Extraterritorial Land Use Ordinance No. 2009-01 Establishing Subdivision, Platting, Planning and Zoning Rules Within the Presumptive City Limits, as amended; and

(6)

all annexation requests are for areas of no fewer than twenty-five acres unless the area produces a consolidation of city boundaries or services or is in phase with the staging plan of the general plan.

(E)

Additional Applicant Requirements

(1)

If the accommodation of the impacts of a development cannot be demonstrated to the city's satisfaction as to the assumptions, methodology and data:

(a)

the applicant and the city shall negotiate to offset the increased infrastructure, public facilities or operating costs to the city due to the proposed development; or

(b)

the city shall deny the annexation.

(2)

When the annexed area creates a need for additional major public infrastructure expansion, the applicant may be required to contribute a proportional fair share of the cost of expansions.

(F)

Annexation Agreements

(1)

For all landowner petition method annexations, an annexation agreement shall be entered into between the city and the applicant.

(2)

The annexation agreement shall be recommended by the planning commission to the governing body and adopted by the governing body as a part of the ordinance setting forth the boundaries of the annexed area.

(3)

The agreement shall include, as appropriate:

(a)

a list of propertyowners;

(b)

reference to the way in which the annexation is in conformance with the general plan;

(c)

provision for necessary off-site facilities;

(d)

designation of land uses;

(e)

a phasing and staging plan;

(f)

land to be dedicated to the city;

(g)

impact fees;

(h)

provision of city services, including fire and police protection, wastewater collection and sewer services, refuse disposal and street and road improvements;

(i)

site design;

(j)

archaeological site protection;

(k)

provision of parks and open space and other items as agreed to by the city and the applicant; and

(l)

the provision of water, consistent with adopted policies of the city, shall be addressed.

(4)

A revised annexation agreement must be approved if the master plan approved as part of the annexation application becomes invalid and a new master plan is approved.

(Ord. #2020-22, § 16)

(A)

General Provisions

(1)

Initiation of Proposals

A rezoning, or amendment to the official zoning map, may be proposed by:

(a)

the governing body;

(b)

the planning commission;

(c)

any department or agency of the city; or

(d)

any other person, who must submit a request in writing to the governing body, along with all submissions required by Chapter 14 and any other information requested by the land use director as reasonably necessary to determine compliance with this chapter.

(2)

Plan Requirements

Plan submittal requirements for rezonings are set forth in Articles 14-4 (Zoning Districts) and 14-5 (Overlay Zoning Districts).

(3)

Uniform Zoning Classification for Entire Lot Required

Except where a legal lot of record is divided by a zoning district boundary, no request to change the zoning classification on a portion of a legal lot of record shall be considered unless the change will establish a uniform zoning classification for the entire lot. A new zoning district boundary shall not divide a legal lot of record, except to establish overlay district boundaries based on topography or other physical conditions.

(B)

Procedures

(1)

Planning Commission Review and Recommendation

(a)

All proposed rezonings shall be submitted to the planning commission for review and recommendation at a public hearing. The planning commission's review and recommendation shall be based on the approval criteria and balancing test set forth in Subsection (C) of this section. The planning commission shall not consider or rule on the economic feasibility of any development proposed in a rezoning master plan or development plan unless the application is for a public project.

(b)

The planning commission shall transmit the application, including any plan, to the governing body, together with a recommendation as to findings and conditions, desirable changes and recommendations for approval or disapproval.

(2)

Governing Body Review and Decision

(a)

Before taking action on a proposed rezoning, the governing body shall hold a public hearing. In the course of the hearing, the governing body may request other information from the applicant that is reasonably necessary to determine compliance with Chapter 14 and may suggest changes to the application as a condition of governing body approval. After reviewing the land use director report, if any, and the planning commission recommendation and any evidence obtained at the public hearing, the governing body shall take final action to approve, approve with conditions or deny the proposed rezoning. The final action shall be based on the approval criteria and balancing test provided in Subsection (C) of this section.

(b)

The governing body may approve a rezoning to a less intensive zone district than originally requested by the applicant. In such cases, no re-application or re-processing of the original application shall be required.

(c)

When a proposed rezoning fails to receive the recommended approval of the planning commission, the rezoning shall not be approved by the governing body except by a majority vote of all the members of the governing body.

(3)

Approved Rezonings to be Reflected on Official Zoning Map

After the governing body has approved a rezoning application, the official zoning map shall be amended in accordance with Section 14-4.1(C) to note the new zoning designation. In the case of approval by the governing body of a rezoning to PUD, the PUD classification shall be attached to the existing zoning designation on the official zoning map, i.e., "____-PUD" with the underlying zoning district abbreviation indicated in the blank.

(4)

Resubmission of Rezoning Applications

Once a rezoning application has been denied by the governing body after public hearing, a similar rezoning application for the same property shall not be filed within twelve months from the date of denial by the governing body unless the applicant can establish before the planning commission that there has been a substantial change in conditions and circumstances surrounding the request that warrants a reconsideration of the matter.

(5)

Protest Petitions

If the owners of twenty percent or more of the land included in the area, or within one (100) hundred feet of the land proposed to be rezoned excluding public rights of way, protest in writing, the proposed rezoning shall not become effective unless it is approved by a majority vote of all the members of the governing body.

(6)

Neighborhood Conservation Overlay District

This section is intended to supplement the procedures and requirements of Section 14-5.10 (Neighborhood Conservation Overlay Districts).

(C)

Approval Criteria

(1)

The planning commission and the governing body shall review all rezoning proposals on the basis of the criteria provided in this section, and the reviewing entities must make complete findings of fact sufficient to show that these criteria have been met before recommending or approving any rezoning:

(a)

one or more of the following conditions exist:

(i)

there was a mistake in the original zoning;

(ii)

there has been a change in the surrounding area, altering the character of the neighborhood to such an extent as to justify changing the zoning; or

(iii)

a different use category is more advantageous to the community, as articulated in the general plan or other adopted city plans;

(b)

all the rezoning requirements of Chapter 14 have been met;

(c)

the rezoning is consistent with the applicable policies of the general plan, including the future land use map;

(d)

the amount of land proposed for rezoning and the proposed use for the land is consistent with city policies regarding the provision of urban land sufficient to meet the amount, rate and geographic location of the growth of the city; and

(e)

the existing and proposed infrastructure, such as the streets system, sewer and water lines, and public facilities, such as fire stations and parks, will be able to accommodate the impacts of the proposed development.

(2)

Unless the proposed change is consistent with applicable general plan policies, the planning commission and the governing body shall not recommend or approve any rezoning, the practical effect of which is to:

(a)

allow uses or a change in character significantly different from or inconsistent with the prevailing use and character in the area;

(b)

affect an area of less than two acres, unless adjusting boundaries between districts; or

(c)

benefit one or a few landowners at the expense of the surrounding landowners or general public.

(D)

Additional Applicant Requirements

(1)

If the impacts of the proposed development or rezoning cannot be accommodated by the existing infrastructure and public facilities, the city may require the developer to participate wholly or in part in the cost of construction of off-site facilities in conformance with any applicable city ordinances, regulations or policies;

(2)

If the proposed rezoning creates a need for additional streets, sidewalks or curbs necessitated by and attributable to the new development, the city may require the developer to contribute a proportional fair share of the cost of the expansion in addition to impact fees that may be required pursuant to Section 14-8.14.

(A)

Purpose and Intent

Special use permits are intended to allow flexibility in providing for, regulating or preventing specified uses within various districts as provided in Table 14-6.1-1 so they are compatible with existing or desired land use patterns. Special use permit approval is required for certain uses so that potential detrimental effects may be reduced or avoided and conflicts in land use may be prevented. Special use permits are necessary because of the wide variety of uses that are allowed within zone districts and because of the variety of existing sites and uses found in the community.

(B)

Approval Authority

The planning commission and the board of adjustment have the authority to hear and decide applications for special use permits as authorized by Chapter 14; to decide questions that are involved in determining whether special use permits should be granted; and to grant special use permits with such conditions and safeguards as appropriate under Chapter 14 or to deny special use permits when not in harmony with the intent and purpose of Chapter 14.

(C)

Procedures

(1)

Site Plan Approval

Special use permits shall include approval of a site plan and other site development drawings necessary to document that the type and extent of development proposed can be accomplished in conformance with applicable development standards.

(2)

Application

The application shall indicate the section of Chapter 14 under which the special use permit is sought and state the grounds on which it is requested;

(3)

Approval Limited
(Ord. No. 2013-16 § 7)

A special use permit is granted for a specific use and intensity. A special use permit is required for any change of use to a new or different use category that requires a special use permit as designated in Table 14-6.1-1. A special use permit is required for any significant expansion or intensification of a special use.

(D)

Approval Criteria and Conditions

(1)

Necessary Findings

To grant a special use permit, a land use board shall make the following findings:

(a)

that the land use board has the authority under the section of Chapter 14 described in the application to grant a special use permit;

(b)

that granting the special use permit does not adversely affect the public interest, and

(c)

that the use and any associated buildings are compatible with and adaptable to buildings, structures and uses of the abutting property and other properties in the vicinity of the premises under consideration.

(2)

Conditions

The land use board may specify conditions of approval that are necessary to accomplish the proper development of the area and to implement the policies of the general plan, including:

(a)

special yards or open spaces;

(b)

fences, walls or landscapescreening;

(c)

provision for and arrangement of parking and vehicular and pedestrian circulation;

(d)

on-site or off-site street, sidewalk or utility improvements and maintenance agreements;

(e)

noise generation or attenuation;

(f)

dedication of rights of way or easements or access rights;

(g)

arrangement of buildings and use areas on the site;

(h)

special hazard reduction measures, such as slope planting;

(i)

minimum site area;

(j)

other conditions necessary to address unusual site conditions;

(k)

limitations on the type, extent and intensity of uses and development allowed;

(l)

maximum numbers of employees or occupants permitted;

(m)

hours of operation;

(n)

establishment of an expiration date, after which the use must cease at that site;

(o)

establishment of a date for annual or other periodic review at a public hearing;

(p)

plans for sustainable use of energy and recycling and solid waste disposal;

(q)

any other appropriate conditions and safeguards, in conformity with Chapter 14 or provisions of other chapters of the Santa Fe City Code that regulate development and use of land; and

(r)

conditions may not be imposed that restrict the use to a specific person or group.

(E)

Expiration of Special Use Permits (Ord. No. 2013-16 § 8)

(1)

A special use permit that has not been exercised within three years from the date of the approval expires as provided in Section 14-3.19(B)(5). Approval of the special use permit may be extended as provided in Section 14-3.19(C).

(2)

If the use approved by the special use permit ceases for any reason for a period of more than three hundred sixty-five days, the special use permit shall expire except as provided for government uses in Section 14-10.2(C)(2).

(A)

General Provisions

(1)

Jurisdiction and Applicability

(a)

These land subdivision regulations shall govern all platting or replatting of land within the jurisdiction of the city.

(b)

No person shall subdivide land, nor shall construction of any kind commence on subdivided land, nor shall transfer of ownership be made of subdivided land prior to the approval of a subdivision of the land by the planning commission and prior to the recording of the subdivision in the office of the county clerk. Until the planning commission has approved a subdivision, the owner of the land within the subdivision or their agent shall not transfer or sell or agree to transfer or sell or negotiate to transfer or sell the land or any part of it by reference to, the exhibition of or any other use of, a plat or subdivision of the land. The description by metes and bounds in an instrument of transfer or other document used in the process of selling or transfer shall constitute prima facie evidence of a violation of this section.

(2)

Conflicts With Other Code Provisions

(a)

No subdivision plat shall be approved that does not comply with applicable provisions of the Santa Fe City Code that regulate the development and use of land, or that increases the degree or extent of noncompliance with those provisions, unless the appropriate variance or other relief procedure is approved.

(b)

Whenever there is a discrepancy or conflict between minimum standards or dimensions for subdivisions and those contained elsewhere in Chapter 14, Chapter 7 (Building and Housing), Chapter 12 (Fire Prevention and Protection) or other official regulations of the city, the more restrictive standard shall apply as provided in Section 14-1.7.

(3)

Acceptance of Improvements

The dedication of any or all of the lands for public use of any nature within the city shall be specifically accepted by the planning commission or governing body, and such acceptance may be conditioned on a finding by the land use director of compliance with all conditions of approval of the subdivision plat. Approval of a subdivision by the planning commission does not constitute acceptance by the city of the streets, alleys or other public ways or easements and parks or other public lands dedicated on the subdivision plat by the owners.

(4)

Serial Subdivisions

(a)

Except for resubdivisions, a proposed subdivision that occurs within five years after the approval of an earlier subdivision of any part of the affected land shall be subject to the same standards and shall follow the same procedures as though the cumulative number of lots created by the successive plats were created by the currently proposed subdivision.

(b)

The land use director may waive the provisions of subsection 14-3.7(A)(4)(a) for summary subdivisions within a master planned area that create legal lots of record that will be further subdivided or developed pursuant to a development plan.

(5)

Common Promotional Plans

A plan or scheme of operation undertaken by a single applicant or a group of applicants acting in concert to offer for sale or lease lots where the land is either contiguous or part of the same area of land or is known, designated or advertised as a common unit or by a common name shall constitute a single subdivision plat.

(6)

Subdivisions by Court Order

(a)

Court proceedings must not be used to circumvent the provisions of Chapter 14 relating to the subdivision or resubdivision of property or to create or increase a nonconformity.

(b)

A legal lot of record that is properly partitioned, partially condemned or otherwise divided or altered by court order as provided in Chapter 42 NMSA 1978 continues to be a legal lot of record.

(c)

Development of property that is divided or altered by court order remains subject to the standards and requirements of Chapter 14.

(7)

Certificate of Compliance

(a)

Approval by the Land Use Director.

When the land use director determines that a single lot not shown on an approved subdivision plat is a legal lot of record, the land use director may approve and cause to be recorded a certificate of compliance. The certificate of compliance describes the lot, the circumstances of its creation and the documentation and applicable regulations upon which the determination of compliance is based.

(b)

Approval by the Planning commission.

The planning commission may approve a certificate of compliance for a lot or contiguous lots that have been created in violation of the procedural requirements of this section if it determines that the lots comply with all other applicable standards of Chapter 14 or it imposes conditions of approval necessary to ensure such compliance. Upon meeting any conditions of approval and recordation of the certificate of compliance, the lot or lots shall be legal lots of record.

(c)

Procedures for Approval

Approval of a certificate of compliance by the planning commission shall follow the procedures required for a final subdivision plat, including those for any variances requested.

(d)

No Creation of Nonconformity

A certificate of compliance shall not be granted to divide land in a way that precludes compliance with the provisions of Chapter 14 by any other portion of the previous legal lot of record out of which the approved lots are created.

(e)

Inclusion on Recorded Plats

A certificate of compliance may be recorded as a separate document or in the form of a statement included on a subdivision plat approved and signed by the appropriate city officials.

(8)

Notice of Violation

(a)

Whenever the land use director determines that real property has been divided in violation of this section, the land use director shall record a notice of violation describing the affected property and the nature of the violation and listing any recorded documents upon which the determination of the violation is based. If the owner of record of the affected property can be determined, the name of the owner shall be included on the notice of violation, and a copy shall be mailed to the owner at the address on file with the county treasurer by certified mail with return receipt requested.

(b)

When the violation has been corrected by means of a certificate of compliance or approved subdivision plat, the notice of violation and correction shall be referenced on the certificate or plat. When the violation is corrected by other legal means, the land use director shall record a notice of correction referencing the notice of violation and describing the means by which the violation has been corrected.

(c)

The procedures described in Subsections (A)(6) and (7) are in addition to those provided for enforcement of Chapter 14 in Section 14-11 or elsewhere in Chapter 14.

(B)

Procedures

(1)

Pre-Application Conference

Subdividers seeking a preliminary plat for subdivision lots shall comply with the pre-application conference procedures of Section 14-3.1(E).

(2)

Early Neighborhood Notification; Notice; Public Hearing; Public Hearing Procedures

All subdivision platapplications shall comply with the ENN requirements of Section 14-3.1(F), notice provisions of Section 14-3.1(H) and general provisions of Section 14-3.1(I) (Public Hearing Procedures).

(3)

Preliminary Plat

(a)

Applicability

Preliminary plat procedures are not required for inheritance and family transfer subdivisions.

(b)

Application

Following the pre-application conference, if applicable, the subdivider shall prepare or cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in checklists issued by the land use director and in conformance with the standards of Article 14-9 (Infrastructure Design, Improvement and Dedication Standards). The plat shall be prepared by a professional land surveyor.

(c)

Land Use Director Review

The land use director shall review the preliminary plat and supplementary materials submitted for conformity to this article. The land use director shall provide the planning commission with a written report of findings together with a recommendation that the preliminary plat be approved, approved with conditions or disapproved. A recommendation to conditionally approve shall contain the conditions and a recommendation for denial shall contain the reasons for that recommendation.

(d)

Planning Commission Review and Decision

The planning commission shall review the preliminary plat and other materials submitted for conformity to this article, consider the land use director report and recommendations and require any changes deemed advisable and the kind and extent of improvements to be made by the subdivider. Following this, the planning commission shall act on the application within thirty-five days unless an extension of time is applied for in writing by the subdivider and granted by the planning commission. The planning commission shall approve or deny the application.

(e)

Effect of Approval

Approval of a preliminary plat does not constitute approval of the final plat; rather, it is an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. The final plat shall be submitted to the planning commission for approval and recorded when the provisions of this article and the conditions of preliminary plat approval are met.

(4)

Final Plat

(a)

Conformity with Preliminary Plat Required

The final plat shall conform substantially to the preliminary plat as approved.

(b)

Submission

An application for approval of a final plat shall be filed with the land use director and shall consist of maps that show the proposed development layout and the related information and drawings specified by the land use director.

(c)

Land Use Director Review

The land use director shall determine that all required filing and review fees have been paid in full and that public lands for park and recreation facilities have been dedicated on the final plat or the optional fee in lieu of land dedication for such facilities has been paid in full as required in Section 14-8.14 (Impact Fees) and 14-8.15 (Dedication and Development of Land for Parks, Open Space, Trails and Recreation Facilities). Such dedication shall not be recorded, nor take effect, unless the final plat is recorded at the same time. The land use director shall submit to the planning commission a written report of findings together with a recommendation to approve or disapprove the final plat.

(d)

Original Drawing and Exhibits

The original drawing of the final plat and all other exhibits required for approval shall be prepared as specified by the land use director.

(e)

Planning Commission Review and Decision

(i)

The planning commission shall approve or disapprove the final plat within thirty-five days of the date it first considers the complete submittal of the plat at a public hearing unless an extension of time is agreed to by the applicant and the planning commission.

(ii)

If the final plat is approved by the planning commission, the approval shall be recorded on the face of the original drawing of the final plat. The approval shall be dated and verified on the original drawing by the signature of the chair and secretary of the planning commission in the spaces provided. If the plat is approved, the original drawing shall be used in part for recordation purposes and shall be retained in the files of the engineering division. If the final plat is disapproved, the original drawing shall be returned to the applicant.

(f)

Recording

Final plats shall be recorded only by the city and the land use director shall notify the subdivider of the date of the recording. The recording of a plat does not imply the acceptance by the city of maintenance obligations for any public dedication shown on the plat.

(5)

Time Limits for Preliminary and Final Subdivision Plat Approvals

(a)

Time limits for plat approvals are contained in Section 14-3.19 (Expiration, Extension and Amendment of Development Approvals).

(b)

All conditions of final plat approval shall be completed within three years of recording the plat, unless a different schedule has been approved by the planning commission or an extension is applied for in writing and approved by the planning commission.

(6)

Phasing

Subdivision plats may be approved by the planning commission in phases at the preliminary or final plat stage, or the land use director may approve phases within an approved final plat. Each phase shall include all infrastructure and amenities necessary and appropriate to the stand-alone operation of that phase and for the orderly development of other properties in the vicinity.

(7)

Plat Standards

All subdivision plats must meet the minimum standards for surveying in New Mexico and must comply with plat standards adopted by the land use director.

(C)

Approval Criteria

(1)

In all subdivisions, due regard shall be shown for all natural features such as vegetation, water courses, historical sites and structures, and similar community assets that, if preserved, will add attractiveness and value to the area or to Santa Fe.

(2)

The planning commission shall give due regard to the opinions of public agencies and shall not approve the plat if it determines that in the best interest of the public health, safety or welfare the land is not suitable for platting and development purposes of the kind proposed. Land subject to flooding and land deemed to be topographically unsuited for building, or for other reasons uninhabitable, shall not be platted for residential occupancy, nor for other uses that may increase danger to health, safety or welfare or aggravate erosion or flood hazard. Such land shall be set aside within the plat for uses that will not be endangered by periodic or occasional inundation or produce unsatisfactory living conditions. See also Section 14-5.9 (Ecological Resource Protection Overlay District) and Section 14-8.3 (Flood Regulations).

(3)

All plats shall comply with the standards of Chapter 14, Article 9 (Infrastructure Design, Improvements and Dedication Standards).

(4)

A plat shall not be approved that creates a nonconformity or increases the extent or degree of an existing nonconformity with the provisions of Chapter 14 unless a variance is approved concurrently with the plat.

(5)

A plat shall not be approved that creates a nonconformity or increases the extent or degree of an existing nonconformity with applicable provisions of other chapters of the Santa Fe City Code unless an exception is approved pursuant to the procedures provided in that chapter prior to approval of the plat.

(D)

Summary Procedure

The land use director has the authority to review and approve resubdivisions that result in the same or a few number of lots and subdivisions that result in the creation of one additional lot. The land use director shall not act on an application for a summary subdivision before the expiration of the thirty (30)-day notice period set forth in subsection 14-3.1(H)(5). The land use director may refer an application for a summary subdivision to the planning commission for review and decision, either in response to public input received or on the land use director's own initiative. Summary subdivisions are subject to the procedural requirements, approval criteria and development standards that apply to other subdivisions, except that:

(1)

no preliminary plat or hearing is required;

(2)

the land use director's may defer the construction of public and semi-public improvements required by Chapter 14 until such time as the lots are developed and may waive the requirements of this chapter for the posting of financial guarantees for the improvements prior to recording an approved plat. Deferral or waiver shall be made only upon finding that the improvements or guarantee is not needed to protect the interests of prospective purchasers of the lots created; to provide for the orderly development of other properties in the vicinity; or to protect the public health, safety and welfare.

(E)

Resubdivisions

The land use director has the authority to review and approve or disapprove resubdivisions where the combination or recombination of portions of previously plattedlots does not increase the total number of lots and the resulting lots comply with the approval criteria in Subsection (C) of this section.

(F)

Inheritance and Family Transfer Subdivisions

(1)

Purpose

It is the purpose of this section to support the continuation of traditional patterns of land transfer and division within families and to increase affordable housing within the family group. This section is intended to assist in the transfer of property from parents to children or grandchildren with only those restrictions that are essential to the health, safety and welfare of the citizens of Santa Fe. There is no intention to promote the resale of such properties outside the family or to create favorable opportunities for developers. Standards for inheritance and family transfer subdivisions have been written to reflect traditional development.

(2)

Applicability

(a)

A subdivision is created by inheritance if it is created by a will or order of court in probate proceedings for the purpose of transmitting property to heirs, but not for the purpose of sale or lease and not creating more than one lot per family member or violating the provisions of this section.

(b)

A subdivision is created by family transfer if it is created by a father or mother for the purpose of transferring a lot or lots to his or her children, natural or adopted, or grandchildren, or it is created by a person who has performed the function of father, mother, grandfather or grandmother for the purpose of transferring a lot to a person for whom such person has performed that function; provided that the person proposing to create the subdivision and transfer the lot or lots files appropriate documentation of conveyance along with an affidavit with the county clerk containing the following:

(i)

a legal description of the property being transferred; and

(ii)

a statement that the transferor has not made any other transfers of any other lots to the person receiving it that would require the filing of an affidavit pursuant to this section.

(3)

Restrictions and Requirements

(a)

Inheritance and family transfer subdivisions are allowed only in residential districts.

(b)

Any one person may receive only one lot total by family transfer.

(c)

No sale or lease of any lot designated on a subdivision plat creating an inheritance or family transfer subdivision shall occur within three years of the date of the transfer.

(d)

The plat shall show the name of each family member to whom a lot is being transferred. Before the final subdivision plat is filed, a copy of the instrument of transfer to the transferee or their authorized representative must be provided to the city. A construction permit shall not be issued to a person other than the transferee or their authorized representative until the required time period is completed.

(e)

If the property is transferred to a different family member acceptable under this section within three years, the plat and affidavit must be amended to reflect the different transferee.

(f)

If an owner of a lot that was part of an inheritance or family transfer subdivision applies for a subdivision, residentialdevelopment or PUD or other rezoning, then all the provisions of Chapter 14 shall apply with no special provision for the prior family transfer subdivision.

(4)

Procedures

Applications for inheritance or family transfer subdivisions creating two or more additional lots shall be submitted to the planning commission. Only final plat procedures as set forth in Subsection (B) of this section are required. Applications creating one additional lot shall follow summary committee procedures as set forth in Section 14-2.3(E). In all cases, proof of a legal lot of record is required as part of the submission requirement.

(5)

Plats and Data

(a)

An application for approval of an inheritance or family transfer subdivision final plat shall be filed with the land use director and shall consist of maps that show the proposed development layout and the related information and drawings specified by the land use director.

(b)

Every final plat for an inheritance or family transfer subdivision shall contain the following legend prominently portrayed:
(Ord. No. 2013-16 § 10)

"NOTICE: This subdivision has been approved pursuant to the inheritance and family transfer provisions of the Santa Fe City Code. Procedures for inheritance and family transfer subdivision improvements are significantly different than for other types of subdivisions. No sale or lease of any lot designated on this subdivision plat shall occur within three years of the date this transfer is legally made. Any person intending to purchase a lot within this subdivision should contact the city of Santa Fe land use director. Requests for construction permits on illegally sold lots shall be denied."

(6)

Development Standards and Required Improvements

Proof of compliance with the following standards is required for the approval of an inheritance or family transfer subdivision:

(a)

Terrain Management Regulation

Compliance with terrain management regulation submissions as set forth in Section 14-8.2 is required.

(b)

Design Standards

Subdivision design standards as set forth in Section 14-9.2 apply.

(c)

Required Improvements

Inheritance and family transfer subdivisions shall comply with the required improvements set forth in Section 14-9.2.

(d)

Density and District Regulations

Except as otherwise specifically provided in the Land Development Code, inheritance and family transfer subdivisions are required to meet the standards for use, density, building placement, height, open space, parking and other items set forth in the district regulations.

(Ord. No. 2019-27, §§ 6, 7; Ord. #2021-13, § 1; Ord. No. 2023-7, Exh. A)

(Ord. No. 2014-31 § 1)

(A)

Purpose and Intent

(1)

It is the intent of the development plan to:

(a)

provide the plans to be followed in construction operations, including phasing;

(b)

enable the governing body, land use boards and land use director to ensure compliance with Chapter 14;

(c)

document compliance with final actions to approve or conditionally approve developmentapplications;

(2)

A development plan typically encompasses development of one or more parcels under common ownership or unified control that will be planned and developed as a whole.

(B)

Applicability
(Ord. No. 2013-16 § 11; Ord. No. 2016-39 § 2)

(1)

Early neighborhood notification and notice and conduct of public hearings are required pursuant to the general provisions of Sections 14-3.1(F), (H) and (I).

(2)

A development planis required in conjunction with rezoning applications in certain districts as provided in Chapter 14, Articles 4 (Zoning) and 5 (Overlay Zoning Districts).

(3)

Approval of a development plan by the planning commission is required prior to new development that meets any of the following criteria:

(a)

gross floor area of thirty thousand square feet or more and is located within any zoning district of the city;

(b)

gross floor area of ten thousand square feet or more in a residential district or in the C-1, C-2, C-4, BCD, HZ, I-1, I-2, BIP, PRRC, RS, SC or MU district and is within two hundred (200) feet, including public rights of way, of RR, R-1 through R-6, R-7, R-7-I, R-8, R-9, RC-5, RC-8, R10, R-12, R-21, R-29, RAC, AC, PRC and MH districts;

(c)

flea market with fifteen or more vendors; or

(d)

outdoor commercial recreational uses in any zone where the total area devoted to recreation and related pedestrian circulation and amenities, excluding parking and vehicular circulation areas, exceeds fifteen thousand (15,000) square feet in any zone; provided that this provision does not apply to temporary carnivals, circuses and similar short-term entertainment uses required to obtain a permit from the city.

(4)

The development plans described in Subsections (B)(2) and (3) shall be reviewed by the planning commission.

(5)

This section applies where the cumulative square footage of multiple permits meets or exceeds the criteria in Subsections (B)(2) or (3) or a combination of those subsections when the permits are for coordinated development of a project comprising multiple buildings or outdoor uses, including phased projects and projects involving development of adjoining commonly owned parcels.

(6)

This section does not apply to the construction of single-family dwellings, each of which has a gross floor area of ten thousand (10,000) square feet or less, including accessorybuildings, on lots created prior to the effective date of Ordinance No. 1999-13 or on lots within a subdivision that was subject to early neighborhood notification procedures. This section does apply to construction of any single-family dwelling that has a gross floor area greater than ten thousand (10,000) square feet, including accessorybuildings.

(7)

No additional development plan review is required if the new or changed use or development described in Subsections (B)(2) and (3) was part of a development plan approved as part of a rezoning or other action before the governing body or the planning commission, and for which an early neighborhood notification meeting occurred as set forth in Section 14-3.1(F).

(8)

Approval of a development plan by the land use director is required for multiple-familydevelopment comprising three or more dwelling units with a gross floor area less than ten thousand (10,000) square feet.

(9)

This section does not apply to the construction of qualifying projects within the Midtown LINC Overlay District with the exception that

(a)

approval of a development plan by the land use director is required prior to, or concurrent with, the issuance of a construction permit for a qualifying project consisting of new building square footage totaling more than ten thousand (10,000) square feet; and

(b)

early neighborhood notification is required pursuant to Subsection 14-3(F) SFCC 1987 prior to the issuance of a construction permit for a qualifying project consisting of new building square footage totaling more than thirty thousand (30,000) square feet.

(C)

Procedures

(1)

Submittal Requirements

Applicants for developments that require development plans under this section shall submit plans and other documentation as required by the land use director that show compliance with the applicable provisions of the Santa Fe City Code as provided in Section 14-3.1(C) Form of Application, including plans that show:

(a)

existing conditions on the site and within two hundred (200) feet of the site;

(b)

proposed modifications to the site, including the locations of existing and new structures, grading, landscaping, lighting, pedestrian and vehicular circulation, parking and loading facilities;

(c)

the types, extent and intensity of land uses that are proposed;

(d)

proposed modifications to the infrastructure serving the site, including public and private streets, driveways and traffic control measures and utilities;

(e)

documentation of compliance with development standards such as required yards, lot coverage, height of structures and open space;

(f)

the phases of development, if applicable;

(g)

for residentialdevelopment, a proposal for provision of affordable housing as required by Section 14-8.11 (Santa Fe Homes Program); (Ord. No. 2013-16 § 12)

(h)

a development water budget as required by Section 14-8.13;

(i)

for a development plan or final development plan, sufficient detail to clearly show how each applicable development standard is to be met and identify any variance or waiver required,

(j)

for a preliminary development plan, sufficient detail to demonstrate the feasibility of meeting all applicable development standards, including an analysis of the type and extent of variances or waivers required, specific requests for which may be included.

(2)

Coordination with Other Review Procedures

(a)

Development plans required for rezonings by Articles 14-4 Zoning Districts and 14-5 Overlay Zoning Districts shall be reviewed by the planning commission at a public hearing with notice provided as required by Section 14-3.1(H) and then transmitted to the governing body with any recommendations, as set forth in Section 14-3.5 Rezonings.

(b)

A special use permit or variance request associated with a development plan shall be reviewed concurrently and approved or denied by the planning commission.

(c)

If review and approval of a development plan by the planning commission and the governing body is required in conjunction with a rezoning action, the applicant may submit a preliminary development plan for consideration at the time of rezoning. If the rezoning is approved, a separate application for a final development plan must be approved by the planning commission prior to development of the affected property.

(d)

If review and approval of a development plan by the planning commission only is required, the applicant may first submit an application for a preliminary development plan. If the preliminary development plan is approved, a separate application for final development plan approval by the planning commission must be approved prior to the development of the property.

(e)

If review and approval of a master plan by the planning commission and the governing body is required in conjunction with a rezoning action, and if approval of a development plan by the planning commission would be required for one or more phases, the applicant may either:

(i)

submit a development plan for the entire affected area for review and approval in lieu of a master plan; or

(ii)

submit a development plan for one or more portions of the affected area for review and approval concurrently with the master plan.

(f)

Action on a development plan by the planning commission must be taken at a public hearing with notice provided as required by Section 14-3.1(H).

(3)

Consistency with Master Plans and Preliminary Development Plans

(a)

Development plans must be consistent with applicable provisions of approved master plans as provided in Section 14-3.9(B)(3).

(b)

Final development plans within an area that is subject to an approved preliminary development plan must comply with the provisions of the previously approved preliminary plan unless it is amended or repealed. Final actions by the governing body, land use boards and the land use director concerning rezonings, subdivisions, special use permits, development plans and construction permits shall include a specific finding or determination that the action complies with all applicable provisions of the preliminary plan.

(4)

Scope of Amendments to Development Plans

(a)

The land use director has the authority provided in Section 14-2.11(C)(2) (Minor Modifications to Development Approvals).

(b)

The planning commission has the authority provided in Section 14-3.19(D) Amendment of Development Approvals.

(5)

Administrative Approval Procedure
(Ord. No. 2013-16 § 13)

Approval of a development plan by the land use director as provided in Subsection 14-3.8(B)(8), does not require an ENN meeting, public hearing or public notice and is not required to be filed for record with the county clerk.

(6)

Recording of Plans; Infrastructure Construction
(Ord. No. 2013-16 § 14)

(a)

The signed original mylars of the development plan and associated engineering and improvement drawings shall be filed with the land use director and shall be the basis for issuance of construction permits. The development plan shall be filed for record with the county clerk by the land use director.

(b)

If dedication of public rights of way or easements is required, a separate dedication plat shall be recorded concurrently with the development plan.

(c)

Infrastructure improvements shall comply with Article 14-9 Infrastructure Design, Improvement and Dedication Standards.

(D)

Approval Criteria and Conditions

(1)

Necessary Findings

To approve a development plan, the planning commission must make the following findings:

(a)

that it is empowered to approve the plan under the section of Chapter 14 described in the application;

(b)

that approving the development plan will not adversely affect the public interest; and

(c)

that the use and any associated buildings are compatible with and adaptable to buildings, structures and uses of the abutting property and other properties in the vicinity of the premises under consideration.

(2)

Conditions

The planning commission may specify conditions of approval that are necessary to accomplish the proper development of the area and to implement the policies of the general plan, including:

(a)

special yards or open spaces;

(b)

fences, walls or landscape screenings;

(c)

provision and arrangement of parking and vehicular and pedestrian circulation;

(d)

on-site or off-site street, sidewalk or utility improvements and maintenance agreements;

(e)

noise generation or attenuation;

(f)

dedication of rights of way or easements or access rights;

(g)

arrangement of buildings and use areas on the site;

(h)

special hazard reduction measures, such as slope planting;

(i)

minimum site area;

(j)

other conditions necessary to address unusual site conditions;

(k)

limitations on the type, extent and intensity of uses and development allowed;

(l)

maximum numbers of employees or occupants permitted;

(m)

hours of operation;

(n)

phases of development, if applicable;

(o)

establishment of an expiration date, after which the use must cease at that site;

(p)

establishment of a date for annual or other period review at a public hearing;

(q)

plans for sustainable use of energy, recycling and solid waste disposal;

(r)

any other appropriate conditions and safeguards, in conformity with Chapter 14 or provisions of other chapters of the Santa Fe City Code that regulate the development and use of land; and

(s)

conditions may not be imposed that restrict the use to a specific person or group.

(3)

Expiration

Development plans expire as provided in Section 14-3.19 Expiration, Extension and Amendment of Development Approvals.

(A)

Purpose and Intent

(1)

It is the intent of a master plan to:

(a)

provide a comprehensive plan that must be followed during the subsequent review and approval of development plans and subdivision plats for the master-planned area.

(b)

enable the governing body, land use boards and land use director to ensure compliance with Chapter 14;

(c)

document compliance with final actions to approve or conditionally approve developmentapplications;

(2)

A master plan provides for:

(a)

comprehensive and coordinated planning for the development of land, often involving multiple phases occurring over a period of several years or more and may also involve multiple developers;

(b)

plans for the funding and phased construction of major public or private infrastructure improvements required to serve the planned development.

(B)

Applicability

(1)

A master plan is required in conjunction with rezoning applications in certain districts as provided in Article 14-4 (Zoning Districts) and may be required in conjunction with specified annexation applications as provided in Section 14-3.4.

(2)

A development plan may be submitted in lieu of a master plan as provided in Section 14-3.8(C)(2)(c).

(3)

All use and development of land within a master-planned area must comply with the provisions of the adopted master plan. Final actions by the governing body, land use boards and the land use director concerning rezonings, subdivisions, special use permits, development plans and construction permits shall include a specific finding or determination that the action complies with all applicable provisions of the master plan.

(C)

Procedures

(1)

Submission Requirements

Applicants for developments that require master plans shall submit plans and other documentation as required by the land use director that show compliance with the applicable provisions of Chapter 14 as provided in Section 14-3.1(C) (Form of Application), including plans that show:

(a)

existing conditions on the site and within the vicinity;

(b)

proposed modifications to the site, including the locations of existing and new structures, grading, landscaping, lighting, pedestrian and vehicular circulation, parking and loading facilities;

(c)

proposed changes to the zoning of land within the master plan area and the types, extent and intensity of land uses that are proposed;

(d)

the proposed boundaries of tracts comprising the various land use areas and development phases,

(e)

proposed modifications to the infrastructure serving the site, including locations of utilities and public and private streets and driveways and traffic control measures;

(f)

phases of development, if applicable,

(g)

if public or private infrastructure is proposed to be constructed in phases, a plan for the timing, financing and responsibility for infrastructure construction;

(h)

for residentialdevelopment, a proposal for provision of affordable housing as required by Section 14-8.11 (Santa Fe Homes Program);

(i)

A development water budget as required by Section 14-8.13; and

(j)

for master plans involving five or more acres of land, the land use director may require an analysis of the fiscal impact to the city of providing utility and other municipal services to the area.

(2)

Special Development Standards and Design Guidelines

(a)

Approval of the master plan may include approval of special development standards or design guidelines to be applied within the master plan area when such regulations are necessary to implement specific goals of the master plan.

(b)

Special standards and guidelines must be approved as part of the master plan.

(c)

Special standards and guidelines are normally more restrictive than the general standards contained in Chapter 14. All aspects of land use and development within a master planned area that are not addressed by a special guideline or standard are subject to the general standards of Chapter 14.

(3)

PRC and PRRC Master Plans
(Ord. No. 2014-31 § 2)

(a)

The master plan must include a designation of the maximum density allowed for each tract designated for use. Unless special standards are adopted, development standards for each tract shall be those specified in Section 14-7 Building Envelope and Open Space Standards and Measurements for the corresponding density.

(b)

The master plan must include a designation of the type of use and extent of development allowed for each tract designated for nonresidential or mixed uses. In addition to nonresidential uses allowed in residential districts, such as schools and religious assembly, the development may include:

(i)

neighborhood shopping centers intended primarily to serve development within the PRC district and immediate vicinity as provided in Section 14-4.3(K) SC-1 Planned Shopping Center Districts and Section 14-7 Building Envelope and Open Space Standards;

(ii)

not more than thirty-five percent of a planned residential community may be designated for development with mixed uses consistent with the standards for the MU district; and

(iii)

within the PRRC district, neighborhood centers as provided in Item (i) above, resort accommodations and resort-related commercial services.

(iv)

Unless special standards are adopted, the provisions of Section 14-6 Permitted Uses and Use Regulations apply within the PRC and PRRC districts.

(4)

Notice and Action by Planning Commission

Action by the planning commission to recommend approval of a master plan, or to approve an amendment as provided in Section 14-3.19(D)(2) Amendment of Development Approvals - Master Plans in the MU and BIP Districts, must be taken at a public hearing with notice provided as required by Section 14-3.1(H)(1). (Ord. No. 2014-31 § 3)

(5)

Notice and Action by Governing Body

Action by the governing body to approve or amend a master plan must be taken at a public hearing with notice provided as required by Section 14-3.1(H)(2). (Ord. No. 2014-31 § 4)

(D)

Approval Criteria; Conditions

(1)

Necessary Findings
(Ord. No. 2014-31 § 5)

Approval or amendment of a master plan requires the following findings:

(a)

the master plan is consistent with the general plan;

(b)

the master plan is consistent with the purpose and intent of the zoning districts that apply to, or will apply to, the master plan area, and with the applicable use regulations and development standards of those districts;

(c)

development of the master plan area will contribute to the coordinated and efficient development of the community; and

(d)

the existing and proposed infrastructure, such as the streets system, sewer and water lines, and public facilities, such as fire stations and parks, will be able to accommodate the impacts of the planned development.

(2)

Conditions

Approval of the master plan may specify conditions of approval that are necessary to ensure compliance with the provisions of Chapter 14 and implement the policies of the general plan, including:

(a)

requirements for construction and funding of private or public infrastructure, including utilities, municipal buildings, roads, parks and trails;

(b)

provisions for the use and protection of areas of special hazards or environmental sensitivity;

(c)

modifications to the proposed plan, including changes to the boundaries of land use tracts, patterns of land uses, infrastructure plans, phasing plans and special development standards and guidelines.

(3)

Expiration

Master plans expire as provided in Section 14-3.19 (Expiration, Extension and Amendment of Development Approvals).

(A)

Applicability

A plat governed by Article 14-9, or showing land all or partly within the special flood hazard area, shall meet the requirements of this section and Section 14-8.3 (Flood Regulations) and shall be approved and signed by the floodplain administrator.

(B)

Administration by Floodplain Administrator
(Ord. No. 2012-19 § 1)

(1)

The floodplain administrator shall administer and enforce this section and other appropriate sections of 44 CFR Part 59 et. seq. (National Flood Insurance Program Regulations) pertaining to floodplain management.

(2)

Duties and responsibilities of the floodplain administrator shall include the following:

(a)

maintain and hold open for public inspection all records pertaining to the provisions of this section and Section 14-8.3;

(b)

review permitapplications to determine whether proposed development will be reasonably safe from flooding and that public utilities and facilities are constructed so as to minimize flood damage;

(c)

review and approve or deny all applications for developmentpermits required by this section and Section 14-8.3;

(d)

review applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies, including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1334, from which prior approval is required;

(e)

where interpretation is needed as to the exact location of the boundaries of the flood hazard area, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation;

(f)

in riverine situations, notify adjacent communities and the New Mexico office of the state engineer prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency (FEMA);

(g)

assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;

(h)

when base flood elevation data has not been provided in accordance with Subsection 14-8.3(D) (Engineering Criteria), the floodplain administrator shall obtain, review and reasonably use any base flood elevation data and floodway data available from federal, state or other sources in order to administer the provisions of Subsection 14-8.3(C), (General Provisions for Development in Special Flood Hazard Areas);

(i)

when a regulatory floodway has not been designated, the floodplain administrator shall require that no new construction, substantial improvements or other development, including fill, be permitted within Zones A and AE on the city'sflood insurance rate map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation of the base flood more than one foot at any point within the city;

(j)

establish a floodplain management program to meet the prerequisites for the sale of flood insurance as set forth in 44 CFR part 59.22;

(k)

where base flood elevation data are utilized, obtain and maintain records of the lowest floor and flood proofing elevations for new and substantially improved construction;

(l)

maintain a record of all appeals; and

(m)

report all waivers to FEMA upon request.

(C)

Enforcement (Ord. No. 2012-19 § 2)

(1)

An application for a permit, license or certificate pertaining to the use of land or building in any special flood hazard area shall be approved by the floodplain administrator.

(2)

The floodplain administrator may make reasonable entry upon any lands and waters within the city's jurisdiction for the purpose of making any investigation, survey, removal or repair contemplated by this section or Section 14-8.3. An investigation of any obstruction shall be made by the floodplain administrator either on the floodplain administrator's own initiative or by the written request of any member of the public.

(3)

Whenever it is necessary to make an inspection to enforce any of the provisions of this section or Section 14-8.3, the floodplain administrator may enter such buildings or premises at a reasonable time to inspect the same or to perform any duty imposed upon the floodplain administrator by this section; provided that if such building or premises is occupied, the floodplain administrator shall first present proper identification and demand entry, and if such building or premises be unoccupied, the floodplain administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry.

(4)

The floodplain administrator and his or her designee shall carry identification indicating the floodplain administrator's authority and shall present such identification to the magistrate court or district court for the purpose of this section and to other persons when requested to do so during the performance of the floodplain administrator's duty.

(5)

The powers and duties of the floodplain administrator relative to obstructions in a special flood hazard area shall include the following:

(a)

removal of the obstruction to a floodway that has been created by fallen trees, silt, debris and like matter; and

(b)

removal or repair of an obstruction when, after investigation, an order has been issued to the propertyowner for its removal or repair and the order is not complied with within a reasonable time as may be prescribed by the city or the owner cannot be found or determined; provided that if the city causes the obstruction to be removed or repaired, the reasonable cost of the removal or repairs shall constitute a lien against the lot from which the obstruction was removed or on which it was repaired. The lien shall be foreclosed in the manner provided in Sections 3-36-1 through 3-36-7 NMSA 1978.

(D)

Appeals

An appeal of a final action of the floodplain administrator shall be pursuant to Section 14-3.17.

(E)

Waivers

The planning commission may waive the provisions of this section and Section 14-8.3. Waivers shall be approved by the planning commission as provided in this section.

(1)

Waivers may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

(2)

Waivers may be issued for development on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Subsections (E)(5) and (6) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the waiver increases. (Ord. No. 2012-11 § 6)

(3)

Waivers shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

(4)

Waivers may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the waiver is the minimum necessary to preserve the historic character and design of the structure. (Ord. No. 2012-11 § 6)

(5)

Waivers may be approved for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(6)

The prerequisites for granting waivers are:

(a)

waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief;

(b)

waivers shall only be issued upon:

(i)

showing a good and sufficient cause;

(ii)

a determination that failure to grant the waiver would result in exceptional hardship to the applicant, and
(Ord. No. 2012-11 § 6)

(iii)

a determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(7)

Procedures for the consideration of a request for a waiver shall be as provided in Section 14-3.16 (Variances), including notice of the hearing in accordance with Section 14-3.1(H)(1) and requiring the prerequisites in Subsection 3.10(E)(6) instead of the findings specified in Section 14-3.16.

(8)

An applicant to whom a waiver is granted shall be given written notice that the structure may be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(A)

Applicability

(1)

A building or other structure that is regulated by Chapter 14 shall not be erected, moved, added to or altered, nor shall other development activities described in this section occur, without a construction permit issued by the land use director or building official. However, no construction permit shall be required for construction, alterations or other development activities that are specifically exempted from permit requirements by the provisions of Chapter 14 or Chapter 7 (Building and Housing), or by written policies adopted by the land use director or the building official for specified minor repairs, minor construction, minor alterations and minor development activities.

(2)

A construction permit shall not be issued by the land use director except in conformity with the provisions of Chapter 14. When required by the provisions of Chapter 7 SFCC 1987 (Building and Housing), the building official shall approve the construction permit prior to issuance. When required by the provisions of Chapter 12 SFCC 1987 (Fire Prevention and Protection), the fire marshal or other code official shall approve the construction permit prior to issuance.

(3)

Construction permits issued on the basis of plans and applications approved by the land use director or building official, and other officers or agencies where additional approval is required, authorize only the use, arrangement, location and construction set forth in the approved plans and applications and no other use, arrangement, location or construction. Any use, arrangement, location or construction that is at variance with that authorized is a violation of Chapter 14 and is punishable as provided in Article 14-11 (Enforcement).

(B)

General Procedures

(1)

Applications and Approvals

(a)

All applications for construction permits pursuant to this section shall include plans and other documentation as required by the land use director that show compliance with the applicable provisions of Chapter 14 as provided in Section 14-3.1(C) (Form of Application).

(b)

A construction permit shall not be approved until it is determined that the construction or other development activity authorized by the permit complies with all applicable provisions of Chapter 14 and applicable state and federal laws and regulations.

(c)

The approval of construction permits by the land use director or other city officials shall be coordinated with the approval of permits required by other agencies.

(d)

The land use director shall retain one approved set of plans in the city's records for not less than ten years, use one set of plans for inspections and enforcement and return one set of plans to the applicant after they are reviewed and approved.

(2)

Amendments to Applications

Any change from the approved site plans or floor plans shall first be approved by the land use director and shall be submitted in writing and approved prior to commencement of any construction related to the proposed amendment.

(3)

Expiration, Extension and Renewal

For expiration of construction permits see Section 7-1.6 SFCC 1987. The land use director may adopt procedures for the extension and renewal of construction permits consistent with the provisions of Section 7-1.6 SFCC 1987.

(4)

Record of Construction Permits

The land use director shall maintain a record of all construction permits, including the person to whom the permit is issued, the address, the date of issuance, the proposed use, the square footage of buildings constructed or altered and the type of construction. The record shall be retained in the city's records for not less than fifty years. Permit copies or summary records for secondary construction permits such as plumbing, mechanical and electrical permits shall be retained for not less than ten years.

(5)

Posting of Construction Permits

Within twenty-four hours after issuance of a construction permit, the applicant shall post the property for which the permit has been issued with posters obtained from the land use director. One or more posters shall be prominently displayed, readable from each public and private road abutting the property, and securely placed on the property. If the property does not abut a public street or road, the land use director shall require additional posters within nearby public streets or roads to provide effective notice to the public. Placement of the posters shall be in such a manner as not to compromise public safety. The posters shall remain in place until after the completion and final inspection of all work covered by the permit.

(6)

Compliance with Permit Requirements

No construction or other development for which a permit is required shall be done prior to obtaining the permit. All work shall comply with the provisions of the approved permit.

(7)

Combined Permits

The land use director may require separate construction permits for each of the categories of development identified in this section or may issue a combined construction permit for two or more of the categories.

(Ord. #2018-6, § 1)

(C)

Architectural Design Review

(1)

Applicability

(a)

New construction, additions, exterior remodeling, repainting and re-stuccoing of buildings in a different color shall comply with the requirements of Section 14-8.7 (Architectural Design Review) except as set forth in Subsection (C)(1)(b) of this section.

(b)

Architectural design review is not required for the following:

(i)

detached single-family and two-family dwellings and related accessory structures;

(ii)

structures other than buildings, with the exception of filling station canopies, except as required in this article;

(iii)

buildings located in the historic districts and buildings designated as landmarks, which are subject to review under Section 14-5.2 SFCC 1987 (Historic Districts); and

(iv)

exterior building features not visible from any street, way or public place without trespassing.

(2)

Procedures

(a)

Application

An applicant for a project subject to architectural design review shall submit an application, in a form and accompanied by such supporting materials as specified by the land use director to enable the land use director to review the project's compliance with the architectural design review requirements set forth in Section 14-8.7. The review shall be conducted as part of construction permit review.

(b)

Point Review

The land use director shall determine compliance or noncompliance with this section by means of a point system. Point allotments shall be made according to the criteria set forth in Section 14-8.7(D).

(c)

Preliminary Review (Optional)

(i)

A preliminary calculation of architectural design points will be performed by the land use director at the schematic design or design development stage upon request of an applicant.

(ii)

Upon completion of the preliminary review, an itemized score sheet and one set of project plans shall be returned to the applicant. A copy of the score sheet and the other set of project plans shall be retained by the land use director.

(iii)

Points will be recalculated at time of final review. Points allotted at time of final review may differ from those granted during preliminary review if dimensions, features, details or specifications have been altered or in any way modified. The preliminary evaluation shall not be construed to result in any responsibility of the city, the land use director or any other officers, employees or agents of the city for damages to the applicant as a result of the applicant's reliance on a preliminary evaluation. A preliminary evaluation does not limit the discretion of the plan reviewer during the final review.

(iv)

A final calculation of architectural design points shall be performed and compliance with the point requirements of Section 14-8.7(C) shall be achieved prior to the issuance of a construction permit.

(v)

If the number of points calculated does not meet the point requirements set forth in Section 14-8.7(C), the applicant shall modify the submittals so as to achieve the necessary number of points prior to issuance of a construction permit. All actual construction work shall comply with the approved submittals.

(D)

Construction Permits for Signs

(1)

Applicability

(a)

Construction Permit Required

Construction permits are required for all signs displayed to be readable from off the premises, unless specifically exempted in this section. All signs shall comply with the requirements of Section 14-8.10.

(b)

Construction Permit Not Required

A construction permit is not required for the following:

(i)

the changing of the advertising copy or message on an approved painted or printed signstructure or on a marquee or similar approved sign, including the interchange of sign facings; provided that no portion of the size or color of the sign or size or color of the lettering or background are changed; or

(ii)

the changing of the message or display of an electronic messaging sign in compliance with the provisions of Section 14-8.10(B)(5)(b);

(iii)

painting, cleaning and other normal maintenance and repair of a sign or signstructure unless a structural change is made.

(2)

Permit Applications

New construction permitapplications for signs shall contain:

(a)

the signature of the applicant;

(b)

the name and address of the signowner and sign erector;

(c)

three scaled lined drawings showing the design and dimensions of the sign and standard signstructure; and

(d)

three scaled lined drawings of the site plan or buildingfaçade indicating the proposed location of the sign and all other existing signs maintained on the premises and regulated by Chapter 14.

(E)

Construction Permits for Grading and Drainage

(1)

Prior to the issuance of a construction permit for grading, all projects shall comply with applicable provisions of Section 14-8.12 (Relocation of Gunnison's Prairie Dogs) and may be subject to an archaeological review under Section 14-3.13 (Archaeological Clearance Permits). Minimum standards and submittal requirements for construction permits for grading are provided in Section 14-8.2(D).

(2)

A construction permit for grading shall be required for grading that is not exempt under Subsection (E)(3) of this section, including:

(a)

work within an arroyo or drainageway that in the natural course of events may lead to changes in flow characteristics, including earthwork, construction of drainage devices or erosion control devices, removal of significant trees and modifications of arroyo or drainageway banks or bottom, in addition to state or federal permits that may be required;

(b)

grading and paving for driveways and roads;

(c)

utility trenching for all commercial and public projects; and

(d)

any of the following individual activities:

(i)

removal of more than twenty-five percent of significant trees or grass coverage on a site; or

(ii)

clearing and grading of more than five thousand (5,000) square feet.

(3)

A construction permit is not required for the following activities if mature landscaping and natural slopes thirty percent or greater are not disturbed:

(a)

removal, trimming or replacement of streambed vegetation that does not alter the channel shape or flow characteristics and does not require or result in mechanized earth moving;

(b)

refuse disposal sites controlled by other regulations;

(c)

cemetery graves in approved cemeteries;

(d)

excavation for wells;

(e)

exploratory excavations under the direction of archaeologists, soil engineers. engineering geologists or environmental engineers; and

(f)

grading that is exempt from the terrain and storm water management standards provided in Section 14-8.2(B)(2).

(F)

Construction Permits for Landscaping and Utilities

A construction permit is required for the following development:

(1)

work for which a landscape plan is required by Section 14-8.4; and

(2)

site improvements, including private utilities that are subject to the provisions of Chapter 14 but for which a construction permit is not otherwise specifically required, as determined by the land use director.

(G)

Building Codes

For applicable building codes and additional requirements for construction permits, see Chapter 7 SFCC 1987 (Building and Housing).

(A)

General Provisions (Ord. No. 2014-31 § 6)

(1)

The land use director must issue a certificate of occupancy that certifies compliance with all provisions of Chapter 14 before any change in the use or occupancy of land or change of use or occupancy of a building or premises, or part thereof, is created, erected, changed, converted or wholly or partially altered or enlarged in its use or structure, other than the change of residential occupants, or before any new building is occupied for any purpose.

(2)

The land use director may require the renewal of certificates of occupancy on an annual or other appropriate basis.

(3)

The approval of certificates of occupancy shall be coordinated with the approval of permits or certificates required by other agencies, including:

(a)

when required by the provisions of Chapter 7 SFCC 1987 Building and Housing, the building official shall approve the certificate of occupancy prior to issuance; and

(b)

when required by the provisions of Chapter 12 SFCC 1987 Fire Prevention and Protection, the fire marshal or other code official shall approve the certificate of occupancy prior to issuance.

(4)

The land use director shall maintain for at least fifty years a record of all certificates of occupancy issued.

(B)

Temporary Uses/Temporary Certificates of Occupancy

(1)

Temporary uses allowed by Chapter 14 may be approved by obtaining a temporary certificate of occupancy. Such certificates shall be obtained in the same manner as general certificates of occupancy.

(2)

The land use director may issue a temporary certificate of occupancy for a use that is not intended to be temporary in the following circumstances:

(a)

the land use director determines that it is impossible to fully comply with the provisions of Chapter 14 due to weather conditions or other factors beyond the control of the permittee; or

(b)

the certificate of occupancy is part of a phased development for which multiple permits are issued or for which one permit comprises multiple buildings or structures.

(3)

Temporary certificates of occupancy for uses that are not intended to be temporary shall comply with the following provisions:
(Ord. No. 2013-16 § 15)

(a)

the land use director shall impose conditions that ensure compliance with the provisions of Chapter 14 and other applicable regulations that protect the public health, safety and welfare;

(b)

the certificate is subject to an enforceable agreement by the permittee and landowner that:

(i)

does not rely on the actions of a person that is not a party to the agreement;

(ii)

provides a schedule for meeting all provisions of Chapter 14 within a reasonable time;

(iii)

provides a financial guarantee in a form acceptable to the land use director for completion of all public or quasi-public improvements required by Chapter 14; and

(iv)

provides for revocation of the certificate by the land use director and termination of the approved occupancy by the permittee if the terms of the agreement are not complied with; and

(c)

the temporary certificate of occupancy shall not be approved for an initial period of longer than six months. The land use director may approve extensions not to exceed an additional six months.

(A)

Purpose and Intent

[RESERVED]

(B)

Applicability

(1)

Historic Downtown Archaeological Review District

In this district, an archaeological clearance permit shall be required:

(a)

Prior to issuance of a buildingpermit for projects with gross lot coverage of two thousand five hundred (2,500) square feet or more involving new construction, parking lots and/or alterations.

(b)

Prior to issuance of a gradingpermit for projects with two thousand five hundred (2,500) square feet or more in gross lot coverage.

(c)

For all city projects over two thousand five hundred (2,500) square feet in gross lot coverage.

(d)

For alterations, if the ground is dug up, graded, or otherwise disturbed.

(e)

No archaeological clearance permit is required for a demolition permit except as follows: For demolition requests for structures which are more than seventy-five years old and which are part of a project requiring an archaeological clearance permit, staff for the Archaeological Review Committee shall issue a report to the historic districts review board as set forth in Section 14-3.14. The report shall state whether demolition will damage possible archaeological artifacts. If the Board determines that damage may occur, then it may refer the case to the Archaeological Review Committee requesting that requirements for an archaeological clearance permit be met before a demolition permit is issued.

(2)

River and Trails Archaeological Review District

In this district, an archaeological clearance permit shall be required prior to approval of the final development plan or plat for the following projects:

(a)

All annexations, rezonings, subdivisions, planned unit developments, or other development requiring approval by the Planning Commission, having over two acres, or having any part lying within the area identified as the Santa Fe Trail.

(b)

All city projects over two (2) acres in size.

(c)

All city park projects over one (1) acre in size.

(3)

Suburban Archaeological Review District

In this district, an archaeological clearance permit shall be required prior to approval of the final development plan or plat for the following projects:

(a)

All annexations, rezonings, subdivisions, planned unit developments, or other development requiring approval by the Planning Commission, having over ten (10) acres

(b)

All city projects over two (2) acres in size.

(c)

All city park projects over one (1) acre in size.

(4)

Utility Mains

An archaeological clearance permit is required for new construction of sewer mains or main lines of other utilities such as telephone lines, gas lines, and fiber optics, including the entire construction easement:

(a)

With an extension of sixty (60) feet or more if the main is in the historic downtown archaeological review district;

(b)

With an extension of five hundred fifty (550) or more if the main is in the river and trails or suburban archaeological review district.

(5)

Exemptions

(a)

Applicants who are requesting archaeological approval from federal agencies are exempted from requirements of the Archaeological Review Districts Ordinance, except that applicants must submit evidence to city staff of the application to the federal agency. In addition the applicant shall submit to city staff the reconnaissance report and other reports made to the federal agencies.

(b)

Applicants requesting a lot split subdivision are exempted from the requirement of archaeological review districts and for archaeological clearance permits.

(c)

In the river and trails or suburban districts, applicants with inheritance transfer subdivisions are also exempted.

(d)

Applicants whose land is in areas where archaeological reconnaissance, excavation, or other treatment has previously been completed, are exempted from the reconnaissance, excavation, or other treatment as required, upon submitting evidence for such work to city staff. An exemption from any one requirement for a clearance permit does not exempt the applicant from other requirements of the Archaeological Review Districts Ordinance.

(e)

In the historic downtown district, no clearance permit is required for projects for which a construction permitapplication was made before September 30, 1987. In the river and trails and suburban districts, no clearance permit is required for projects for which application has been made for review by the Planning Commission before September 30, 1987. (Ord. No. 2012-11 § 7)

(6)

Environmental Assessments or Impact Statements

All environmental assessment or impact statements produced by or for the city for city projects shall include an archaeological element containing as a minimum, an archaeological reconnaissance as required for the archaeological review districts in which the project is located.

(C)

Procedures

(1)

Pre-Application Conference

Prior to submission of any application for an archaeological clearance permit, an applicant shall request a pre-application conference, to be conducted pursuant to Section 14-3.1(E).

(2)

Initiation of Building Permit

Application for an archaeological clearance permit is considered to be initiation of application for a buildingpermit.

(3)

Hearings; Notice

The Archaeological Review Committee shall make all determinations at a public hearing. The applicant shall be notified and staff shall post the preliminary committee agenda at City Hall at least seven days in advance of the meeting.

(4)

Procedures for Historic Downtown District

The applicant shall meet the following procedures before an archaeological clearance permit is issued for projects in the historic downtown archaeological review districts:

(a)

Reconnaissance

Reconnaissance shall be completed by an archaeologist, hired by the applicant, meeting the professional qualifications set forth in Section 14-2.7(E). Reconnaissance requiring archaeology dealing with historic period sites shall be completed by person qualified as a historical archaeologist and as a historian. As a minimum, the reconnaissance shall consist of:

(i)

Archival research and analysis of land titles, historic maps, the archaeological records management systems (ARMS) files of the state of New Mexico, and other existing data;

(ii)

Visual examination of the property for evidence of archaeological features, artifacts or culturally altered landscapes at least seventy-five years old. A sample of surface artifacts shall be recovered; and

(iii)

Test excavations encompassing a minimum of two percent of the total lot area. At least eighteen (18) square feet shall be dug by hand after which further excavations may be made by mechanical equipment. Excavations shall proceed to a depth where no archaeological features or artifacts are encountered, or until the maximum depth to which excavations can be safely made.

(b)

Reconnaissance Report

Upon the completion of the reconnaissance, a reconnaissance report shall be submitted by the applicant to the Archaeological Review Committee containing materials prepared to the specifications of the Committee.

(c)

Review and Decision by Committee

At a hearing the Committee shall review the applicant'sreconnaissance report and vote to approve or disapprove the recommended significance status and if required, the recommended treatment of archaeological resources. The determination made by the Committee for treatment shall be a condition of approval for the archaeological clearance permit and the building or gradingpermit.

(i)

If the project site is determined by the Committee not to be significant, then no further treatment is required and an archaeological clearance permit shall be issued.

(ii)

If the project site is determined by the Committee to be significant and the Committee determines that the data potential of the site is exhausted because a sufficient sample has been taken and no subsurface cultural remains exist, then no further treatment is required and an archaeological clearance permit shall be issued.

(d)

Treatment

If the project site is determined by the committee to be significant and to contain further potential data, then the recommended treatment shall be reviewed and shall include the following procedures:

(i)

If additional surface remains exist, then additional collections shall be made; and/or

(ii)

If subsurface cultural remains do exist then the test pits shall be expanded, artifacts shall be collected, and an excavation shall be made of archaeological features such as hearths, living surfaces, or other non-portable cultural remains. In addition further archival research shall be conducted concerning human occupation and the land use of the project site; or

(iii)

The site shall either be treated as a public or private open space or shall be treated in such a way that no subsurface disturbance takes place. The procedure is intended as an alternate to paragraph (ii) above. The choice of alternatives is made by the applicant. The committee may recommend but not require that one alternative rather than another be chosen.

(iv)

Following implementation of the treatment plan, a treatment report is required containing a description of the collection, excavation, research, and other procedures, and a summary of the findings. The report shall be submitted by the applicant to and approved by the committee before an archaeological clearance permit is issued. A final report is due within one year of the date of the issuance of the clearance permit. Upon request of the archaeologist, the committee may grant a one-year's extension.

(v)

A mapped and written record shall be kept by city staff of all surveyed areas and test excavations.

(e)

Maximum Funding Limit

In the historic downtown archaeological review districts, in no case shall the applicant be required to spend more than one percent of the valuation of the property shown on the buildingpermit in providing reports and other information requested by the Archaeological Review Committee.

(f)

Maximum Time for Excavations and for Excavation of Significant Sites

In the historic downtown archaeological review district, in no case shall the archaeologist be required to spend more than 15 eight hour equivalent days in carrying out test excavations, or an additional 20 eight hour equivalent days in carrying out additional excavation of significant sites.

(5)

Procedures for River and Trails Area, Suburban Area, and Utility Mains

The following procedures shall be met before an archaeological clearance permit is issued to an applicant in the archaeological review districts for the river and trails district, the suburban district, or a utility main.

(a)

Reconnaissance

Reconnaissance shall be completed by an archaeologist, hired by the applicant, meeting the professional qualifications set forth in the Archaeological Review Districts Ordinance. Reconnaissance requiring archaeology dealing with historic period sites shall be completed by a person qualified as a historical archaeologist and as a historian. The reconnaissance shall consist of:

(i)

Archival research and analysis of land titles, historic maps, ARMS files and other existing data; and

(ii)

Visual examination of the property for evidence of archaeological features, artifacts, or culturally altered landscapes at least seventy-five years old. Linear transects at intervals not exceeding twenty-five (25) feet shall be walked. If a sample of surface artifacts is recovered during reconnaissance, then the archaeologist in charge of the reconnaissance shall inform the propertyowner of the desirability of permanently storing the artifacts in a statewide repository such as the museum of New Mexico.

(b)

Reconnaissance Report

Upon the completion of the reconnaissance, a reconnaissance report shall be submitted by the applicant to the Archaeological Review Committee containing materials prepared to the specifications of the Committee.

(c)

Committee Review and Decision

The Committee shall review the reconnaissance report and vote to approve or disapprove recommended significance status on an archaeological site by site basis and, if required, the recommended treatment of archaeological resources. The Committee's determination for treatment shall be a condition of approval for the archaeological clearance permits. Treatment shall be completed before approval by the Planning Commission of the final development plan or plat. For phased projects, treatment shall be completed before approval of the final development plan or plat for the phase in question.

(d)

Treatment

(i)

No further treatment is required if the archaeological site is determined by the Committee not to be significant, and an archaeological clearance permit shall be issued.

(ii)

If the archaeological site is determined by the Committee to be significant and to contain potential data then the recommended treatment shall be reviewed and shall meet the following:

A.

A sample of surface artifacts shall be collected; and

B.

If there is reason to believe that subsurface remains do exist, then test excavations shall take place. At least eighteen (18) square feet shall be dug by hand, after which further excavations may be made using mechanical equipment. Excavations shall proceed to a depth where no archaeological features or artifacts are encountered, or until the maximum depth to which excavation can be safely extended.

C.

In addition, further archival research shall be conducted concerning human occupation and the land use of the site; or

D.

Surface artifacts shall be collected and documented. The site shall alternatively be treated as a public or private open space, park or greenbelt or shall be treated in such a manner that no subsurface disturbance takes place. The choice of alternatives is made by the applicant. The committee may recommend but not require that one alternative rather than another be chosen.

(iii)

Following implementation of the treatment plan, a treatment report is required containing a description of the collection, excavation, research, and other procedures, and a summary of the findings. The report shall be submitted to and approved by the committee before an archaeological clearance permit is issued and before approval of the final development plan by the Planning Commission. A final report is due within one year of the date of the issuance of the clearance permit. Upon the request of the archaeologist, the committee may grant a one-year's extension.

(iv)

A map and written record shall be kept by city staff of all surveyed areas and test excavations.

(e)

River and Trails and Suburban Area: Funding Limit

(i)

In the river and trails area, in no case shall the applicant be required to spend more than three thousand dollars ($3,000) dollars plus one hundred dollars ($100) per acre for the treatment of an archaeological site.

(ii)

In the suburban area, in no case shall the applicant be required to spend more than four thousand dollars ($4,000) plus one hundred dollars ($100) per acre for the treatment of an archaeological site.

(iii)

The definition of treatment of an archaeological site is as set forth in this chapter. The procedures for treatment are set forth in Subsection (5)(d) above.

(iv)

The dollar amounts of the cost ceiling shall be reviewed on an annual basis and updated for cost-of-living increases.

(6)

Procedures for Santa Fe Trail

(a)

The tracks of the Santa Fe Trail are shown on the map located in the city planning and land use department and incorporated herein by reference.

(b)

For development within such an area as set forth by Subsection (a) above, the applicant is required to submit a reconnaissance report which identifies on an aerial map of at least a scale of one inch equals four hundred (400) feet the precise location of the tracks, and which recommends measures for the on-site preservation of the tracks. The committee shall approve the reconnaissance report before the issuance of an archaeological clearance permit.

(c)

In no case shall the tracks of the Santa Fe Trail be disturbed by the development, except upon the approval of the archaeological review districts committee. Criteria for approval by the Committee for allowing disturbance of the tracks shall be as follows:

(i)

The tracks have been mapped and photographed and such information has been provided to city staff; and

(ii)

The portion of the tracks to be disturbed is ten percent or less of the total square footage of tracks on the applicant's site; or

(iii)

The square footage of the tracks constitutes more than sixty percent of the total square footage of the lot and preservation of all of the tracks would constitute a "taking" of the lot.

(7)

Appeals

Any aggrieved person may appeal a final action of the Archaeological Review Committee to the governing body pursuant to Section 14-3.17.

(D)

Other General Provisions

(1)

Ownership of Artifacts

All artifacts discovered as a result of a reconnaissance or further treatment, with the exception of human remains, are the property of the propertyowner. Propertyowners are encouraged to donate artifacts to the museum of New Mexico or a similar repository.

(2)

Human Remains

(a)

If human remains are discovered, compliance with Section 18-6-11.2 NMSA 1978 is required in addition to the requirements of this section. Persons making the discovery shall contact the city police department to ensure compliance with state law and the city planning and land use department to ensure compliance with city law.

(b)

If the human remains are determined to be prehistoric, or from the historical period and older than seventy-five years, then the site is considered to be significant. In this case, a treatment plan and report for the remains, meeting the requirements of this section shall be approved by the Archaeological Review Committee.

(c)

Any treatment plan dealing with human remains shall include consideration of local Native American or other religious concerns, if applicable.

(d)

If the remains represent an unplatted cemetery from the historical period, they may not be disturbed unless a district court order is granted authorizing their removal in conformance with Section 30-12-12 NMSA 1978 as amended.

(3)

Unexpected Discoveries

(a)

Any cultural remains that are discovered during construction activities shall be reported to city staff. Construction activities shall immediately cease within the area of the discovery for a maximum of twenty-four hours from time of discovery. Sunday hours may not be included in the twenty-four hour time period. No construction activity shall continue that in any way endangers the cultural remains. Every effort should be made by the city to prevent unnecessary construction delays. Designated city staff and one archaeologist from the Archaeological Review Committee shall visit the site and shall determine the archaeological significance and the data potential of the site. If the site is determined to be significant and to have data potential, then:

(i)

Designated city staff and one archaeologist from the Archaeological Review Committee shall determine a buffer area in which construction activities shall temporarily cease; and

(ii)

The propertyowner shall present a treatment plan to the committee for their approval. The treatment plan shall meet the requirements of Subsections (C)(4) or (5) above, depending on the archaeological district in which the discovery is located pursuant to Sections 18-6-11 and 18-6-11.1 NMSA 1978 as amended.

(b)

Failure to report such finds can result in a suspension of construction permits.

(c)

If human remains are discovered, city officials must be contacted. If remains are determined to be deposited less than seventy-five years ago, determination of jurisdiction will be made by the New Mexico Office of the Medical Investigator. If the remains are determined to be prehistoric or isolated burials of early historical age, consultation with the Archaeological Review Committee shall be undertaken to identify an appropriate treatment plan. This treatment plan shall indicate consideration of local Native American or other religious concerns, if applicable. If the remains represent an unplatted cemetery, they may not be disturbed less a district court order is granted authorizing their removal in conformance with Section 30-12-12 NMSA 1978 as amended. (Ord. No. 2013-16 § 16)

(4)

Emergency Actions

Nothing in this Section 14-3.13 shall be construed as preventing or delaying emergency actions as needed to protect human health or well being, or public or private property. However, if cultural remains are uncovered or disturbed as a consequence of such emergency actions, the disturbed remains will be treated as unexpected discoveries in accordance with Subsection (D)(3) above once a state of emergency has ceased to exist.

(5)

Archaeological Fund and Projects

(a)

An archaeological fund shall be established to receive revenue from construction permits, the general fund and other sources.

(b)

The Archaeological Review Committee may recommend expenditure of money from this fund for the following projects:

(i)

Additional analysis or other treatment of a site of citywide significance when the funding limit for treatment of a site as set forth in this section has been reached;

(ii)

Additional analysis or other treatment of a site designated as an "unexpected discovery" by the Archaeological Review Districts Ordinance, when the funding limit for treatment of a site as set forth in this section has been reached and the site is determined to have citywide significance;

(iii)

Analysis of artifacts from a site of citywide significance collected prior to adoption of the Archaeological Review Districts Ordinance; or

(iv)

Archaeological surveys or studies of a citywide scope.

(c)

For the purpose of this section, citywide significance means:

(i)

An outstanding example of a certain category of site or of a type not adequately documented; or

(ii)

A site associated with a person or event of special historical significance to Santa Fe.

(E)

Approval Criteria / Archaeological Significance

Sites identified as significant shall be those that have yielded or may be likely to yield information important in the study of prehistory or history. These shall be those:

(1)

With cultural remains that are more than seventy-five years old; and

(2)

With cultural remains that are directly associated with events or developments that have made an important contribution to local history or prehistory; or

(3)

With cultural remains that are directly associated with the lives of persons significant in local history; or

(4)

Areas where a high frequency, density, diversity or a substantial number of prehistoric cultural remains are present; or

(5)

Areas having cultural remains known to rarely occur in the Santa Fe area; or

(6)

Any site containing human remains over seventy-five years old.

(Ord. #2020-22, § 16)

(A)

Summary of Procedure

(1)

Upon receiving an application for demolition of a structure within the historic districts the HDRB shall, within sixty-five calendar days from the date of application, either grant or deny the application. Ordinarily, the HDRB will act on an application for demolition at its next regular meeting, if the application is submitted in proper form at least seven days before its next regular meeting; however, the HDRB may use the entire sixty-five-day time period if the HDRB, on motion duly passed, determines such delay is necessary.

(2)

Upon receiving an application for demolition of a landmark structure the HDRB shall, within sixty-five calendar days from the date of application, make a recommendation to the governing body to either grant or deny the application.

(B)

Hearing Required

(1)

In all applications involving the demolition of a structure, provision shall be made for a hearing, as set forth in the preceding section.

(2)

The HDRB or governing body, as applicable, shall restrict its review to a consideration of whether the application will be in conformity with the standards established by this section.

(3)

Notice of the time and place for each hearing shall be sent in writing to each applicant.

(4)

An agenda of the HDRB shall be sent to all groups requesting notification and copies of meeting agendas, as set forth in the officially adopted neighborhood planning policies.

(5)

On-site notice, by a sign of proposed demolition and of the time, date and place of the HDRB or governing body review shall be posted by the city on the affected property fourteen days prior to HDRB or governing body review of application for demolition. Such notice shall be prominently displayed, visible from a public street and securely placed on the property.

(C)

Staff Review and Report

Before granting approval or denial to a demolition request, the land use director shall provide the following information on the structure under consideration.

(1)

A report on the historic or architectural significance of the structure;

(2)

A report from the city building inspector on the state of repair and structural stability of the structure;

(3)

If the structure is more than seventy-five years old, and the entire project of which demolition is a part requires an archaeological clearance permit, a report from the land use director on whether the demolition would damage possible archaeological artifacts; and

(4)

Other information as requested by the HDRB or governing body.

(D)

Referral to Archaeological Review Committee

Upon receiving an application for demolition of structure in a historic district or a landmark structure, the land use director shall refer the application to the Archaeological Review Committee to determine whether damage to archaeological resources may be caused by the demolition and what actions should be taken regarding excavation and the archaeological clearance permit.

(E)

Appeals

(1)

HDRB decisions on demolition of structures may be appealed to the governing body pursuant to Section 14-3.17.

(2)

The governing body, with the advice and assistance of the HDRB, may take such steps as it determines necessary to preserve the structure concerned, in accordance with the purposes of the H District regulations under Section 14-5.2. Such steps may include, but not be limited to, consultations with civic groups, public agencies, and interested citizens; recommendations for acquisitions of property by public or private bodies or agencies; and exploration of the possibility of moving one or more structures or other features.

(F)

Denial of Demolition Request

A determination that the structure should not be demolished shall impose a duty on the owner or other persons having legal custody and control to immediately take the action required under Section 14-5.2(B) (Minimum Maintenance Requirements).

(G)

Standards

(1)

In determining whether a request for demolition in a historic district should be approved or denied, the HDRB shall consider the following:

(a)

Whether the structure is of historical importance;

(b)

Whether the structure for which demolition is requested is an essential part of a unique street section or block front and whether this street section or block front will be reestablished by a proposed structure; and

(c)

The state of repair and structural stability of the structure under consideration.

(2)

In determining whether a request for demolition of a landmark structure should be approved or denied, the HDRB and governing body shall consider the following:

(a)

The historical importance of the structure; and

(b)

The state of repair and structural stability of the structure.

Land use boards have the same authority over procedures for alternate means of compliance, administrative deviations and minor plan modifications for cases before them as does the land use director pursuant to Section 14-2.11(C).

(A)

Purpose and Applicability

Land use boards may approve variances to the provisions of Chapter 14 as provided in Section 14-2 and elsewhere in this chapter and in accordance with this section. Variances may be granted to provisions regulating the size, location and appearance of structures; the location and extent of open space; the extent of grading; the width and configuration of public and private roads, driveways and trails; and to similar standards for development established by this chapter. A variance shall not be granted to provisions that restrict the type or intensity of principal or accessory uses permitted within a district, including limits on maximum residentialdensity, and no variance shall be granted to any procedural rule.

(B)

Procedures

(1)

Board Review and Decision

Following a public hearing, the land use board shall, based on the application, input received at the public hearing and the approval criteria set forth in Subsection (C) of this section, approve, approve with conditions or deny the variance application.

(2)

Special Review for Height Variances in Airport Area

All height variance requests for lands located within the approach, transitional, horizontal and conical surfaces as described within the approach and clear zone layout plan of the Santa Fe municipal airport dated February, 1980 prepared by PMM and company, adopted in this section by reference and on file in the city public works department shall be reviewed for compliance with federal aviation regulations. The application for variance shall be accompanied by an approval from the federal aviation administration accompanied by a determination as to the effect of the proposed variance on the operation of air aviation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed only upon a finding that granting the variance will not create a hazard to air navigation. Additionally, no application for variance to the height requirements within the area described in this paragraph may be considered until a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within fifteen days after receipt, the land use board may act on the application without the airport manager's response. Any variance granted may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary.

(C)

Approval Criteria

Subsections 14-3.16(C)(1) through (5) and, if applicable, Subsection 14-3.15(C)(6), are required to grant a variance.

(1)

One or more of the following special circumstances applies:

(a)

unusual physical characteristics exist that distinguish the land or structure from others in the vicinity that are subject to the same relevant provisions of Chapter 14, characteristics that existed at the time of the adoption of the regulation from which the variance is sought, or that were created by natural forces or by government action for which no compensation was paid;

(b)

the parcel is a legal nonconforming lot created prior to the adoption of the regulation from which the variance is sought, or that was created by government action for which no compensation was paid;

(c)

there is an inherent conflict in applicable regulations that cannot be resolved by compliance with the more-restrictive provision as provided in Section 14-1.7; or

(d)

the land or structure is nonconforming and has been designated as a landmark, contributing or significantproperty pursuant to Section 14-5.2 (Historic Districts).

(2)

The special circumstances make it infeasible, for reasons other than financial cost, to develop the property in compliance with the standards of Chapter 14.

(3)

The intensity of development shall not exceed that which is allowed on other properties in the vicinity that are subject to the same relevant provisions of Chapter 14.

(4)

The variance is the minimum variance that will make possible the reasonable use of the land or structure. The following factors shall be considered:

(a)

whether the property has been or could be used without variances for a different category or lesser intensity of use;

(b)

consistency with the purpose and intent of Chapter 14, with the purpose and intent of the articles and sections from which the variance is granted and with the applicable goals and policies of the general plan.

(5)

The variance is not contrary to the public interest.

(6)

There may be additional requirements and supplemental or special findings required by other provisions of Chapter 14.

(D)

Expiration of Variances (Ord. No. 2013-16 § 17)

Approval of a variance expires if it is not exercised, as provided in Section 14-3.19(B)(5).

(E)

Conditions of Approval

Variances may be approved with conditions that will assure substantially the objectives of the standards or requirements so varied or modified and that are reasonably related to the approval.

(F)

Approval Limited.

A variance applies only to the type and extent of development shown on the plans approved at the variance hearing. All other development on the property shall comply with the terms of Chapter 14 or shall require a new or amended variance.

(A)

Appealable Actions

(1)

Final Action

(a)

Only final actions may be appealed.

(b)

Final actions of a land use board include a decision made after a public hearing, including the final approval or denial of a preliminary plat or preliminary development plan.

(c)

Final actions of the land use director include the written issuance or denial of a permit, approval or denial of an application for a final plats for resubdivisions or summary subdivision or other approval or denial within the land use director's jurisdiction.

(d)

Final action does not include:

(i)

a recommendation;

(ii)

a delay in rendering a decision;

(iii)

a decision to postpone or remand;

(iv)

a decision not to take enforcement action;

(v)

an informational response to an inquiry;

(vi)

any action for which an appeal is specifically prohibited;

(vii)

any action regarding procedural matters or requirements, provision of notice, the admissibility, relevance or weight of evidence or the conduct of a public hearing; however, these actions may be raised by parties as part of an otherwise valid appeal.

(2)

Basis for Appeal

An appeal may only be filed for the following reasons:

(a)

to contest noncompliance of a final action with Chapter 14 or Sections 3-21-1 through 3-21-14 NMSA 1978;

(b)

to contest the application of Chapter 14; or

(c)

to appeal a decision lacking substantial evidence to support it.

(B)

Standing Required to Appeal

Appeals of final actions may be filed by the following persons:

(1)

the applicant when the application is denied or, if approved, the approval included conditions not accepted by the applicant;

(2)

all persons or neighborhood associations that were required to be mailed notice for the application giving rise to the final action being appealed;

(3)

persons or organizations duly organized at the time the decision appealed from was rendered alleging injury to their economic, environmental or aesthetic interests;

(4)

City staff members acting in their official capacity; and

(5)

any person who has a recognized legal interest under New Mexico law.

(C)

Time for Appeal

(1)

Time for Appeal

Appellants shall file an appeal as follows:

(a)

within thirty days for appeals of final actions by land use boards on subdivision plats, master plans and development plans; or

(b)

within thirty days for appeals of approval or denial by the land use director of an application for a final plat for resubdivision or summary subdivision; or

(c)

within fifteen (15) days of the date of final action for all other appeals.

(2)

Amended Appeals

An appellant may amend an appeal until the time for appeal has expired.

(3)

Response

Any party may file a response to the appeal as set forth in Subsection 14-3.17(H)(2).

(4)

Date of Final Action

The date of the final action shall be deemed to be the date of the final written decision and determined as follows:

(a)

For final actions of the land use director, the date of issuance of any written order (including a decision, letter, permit or other document, and including recordation of a final plat for resubdivision or summary subdivision) granting or denying relief or in the case of buildingpermits, the date of the posting of the permit; or

(b)

For final actions of a land use board or the governing body, the date that body adopts a written decision containing findings of fact and conclusions of law; provided that if such body has not adopted findings of fact and conclusions of law within thirty-five days of the date the vote deciding the matter was taken, then the date of final action shall be deemed to be such thirty-fifth (35th) day.

(D)

Process to File an Appeal

(1)

Filing Appeal; Form; Verification

The appellant shall file two copies of the written appeal with the land use director. The appeal shall be filed on a form provided for that purpose and shall be verified, signed by the appellant under oath and notarized.

(2)

Receipt; Service of Appeal

The land use director shall initial and enter the date and time of filing on both copies of the appeal and return one copy to the appellant. Within three days of the filing date, the appellant shall hand deliver a copy of the appeal to any appellee or deliver it by first-class certified mail.

(3)

Appeal Fee

(a)

An appeal fee shall be paid at the time of filing an appeal.

(b)

The governing body has established a fee schedule for appeals as set forth in Table 14-13.1-1 SFCC 1987. The land use director may waive or reduce the appeal fee if the land use director determines that the appellant would qualify for the city's utility fee poverty exemption set forth in Section 15-1.3 SFCC 1987 (Utility Billing - Poverty Exemption).

(4)

Multiple Appeals and Multiple Jurisdictions

(a)

An appellant may not appeal any single final action more than once.

(b)

Every appeal requires an independent basis. final actions may not be appealed solely on the basis of alleged mistakes in prior stages of the same project, whether or not the prior final actions were appealed.

(c)

More than one appellant may file an appeal of a final action, and appellants may combine their appeals and share the appeal fee proportionally. All appeals of any single final action shall be consolidated for hearing purposes.

(d)

Any review by the governing body of a planning commission decision under Section 14-2.2(A)(3) shall be combined with the hearing on an appeal of that decision.

(e)

In the case of an appeal that includes final actions that fall under the jurisdiction of more than one land use board, the land use director shall determine the appropriate land use board to hear any particular issue on appeal, except as otherwise provided in this section.

(5)

Withdrawal

An appellant may withdraw the appeal at any time. A withdrawal does not affect any related appeal. At any time after an appeal has been filed, an appellant and appellee may agree to settle any matters raised in the appeal and the appellant may withdraw the appeal; provided that such settlement complies with applicable code requirements, including any conditions of approval of the final action being appealed.

(6)

Conformity of Appeal

The land use director shall promptly review all appeals for conformity with the requirements of Section 14-3.17. Upon determining that an appeal does not conform to the requirements, the land use director shall refer the matter to the city attorney for review.

(a)

If the city attorney concurs with the land use director's determination, the city attorney's written recommendation shall be forwarded to the governing body for discussion. The governing body may accept the city attorney's written recommendation and the decision is final and may be appealed to district court. If the governing body does not accept the city attorney's recommendation, the appeal shall be heard as set forth in Chapter 14.

(b)

If the city attorney does not concur with the land use director's determination, the appeal shall be heard as set forth Chapter 14.

(7)

District Court Appeals

An appeal of a final action of the governing body or a land use board, or of an action of the city manager, the city attorney or the land use director that is only subject to appeal to district court, shall be to the first judicial district court pursuant to Section 39-3.1.1 NMSA 1978, Rule 1-074, NMRA or Rule 1-075, NMRA, as amended, or other relevant statute or court rule.

(E)

Stay of Action and Suspension of Permits

(1)

Except as otherwise provided in this section, the timely filing of an appeal shall:

(a)

suspend the issuance of a permit or the validity of a permit already issued that is the subject of the appeal;

(b)

prohibit the recordation of a plat or the filing of a development plan pursuant to that final action; and

(c)

prohibit the issuance of a permit pursuant to that final action.

(2)

The timely filing of an appeal of an enforcement action, including the revocation or suspension of a permit, shall not stop the enforcement action, except as provided in this section or when due process otherwise requires a hearing.

(3)

Reserved. (Repealed by Ord. No. 2013-16 § 18)

(4)

The filing of an appeal shall not limit the ability of an applicant to file other applications.

(5)

The filing of an appeal shall not limit the ability of any party to file an appeal of any other final action related to the same project or application provided that there is an independent basis for such appeal.

(6)

Upon determination by the land use director that the suspension of a permit or enforcement action would cause imminent peril to life or property, a permit approving only so much of the application as is required to address the immediate danger shall be issued. When reasonably practicable, the land use director shall give all parties such notice prior to the issuance of the permit as is possible. The land use director's action related to the issuance of the permit is not subject to appeal to any land use board or the governing body, and may be appealed only to the district court.

(7)

The filing of an appeal of an action of the land use director revoking or suspending a permit in any matter involving a sexually oriented business shall stop or suspend the action before the appeal is heard, except upon determination by the Santa Fe police department that there is a reasonable expectation that stopping or suspending the land use director's action would constitute a grave imminent danger to the public welfare, including life or property, in which case the city may exercise its authority to restrain, prohibit or otherwise abate the source of such danger.

(F)

Scheduling a Public Hearing; Public Hearing Date

The public hearing on the appeal shall be scheduled as soon as reasonably practicable.

(1)

An appeal to a land use board or the governing body shall be heard at the next available regularly scheduled meeting after the appeal is filed that provides adequate time for notice to be provided pursuant to Section 14-3.1(H)(4) (Appeal Hearing Notice Requirements) and for the parties to make submittals in support of their positions for inclusion in the public hearing record. A hearing before the governing body shall not be conducted until five days after the land use board has approved the minutes adopting the findings of fact and conclusions of law for the matter being appealed.

(2)

For good cause, a land use board or the governing body hearing an appeal may postpone the hearing until the next available regularly scheduled meeting.

(G)

Communication with Members Prohibited

Communication regarding an appeal is limited as follows:

(1)

Parties

During the appeal period after a final action is taken or after an appeal is filed, a party shall not communicate with individual members of a land use board that may hear the appeal or the governing body outside an appeal hearing, concerning the merits or substance of the appeal, except in writing filed with the land use director within the prescribed time period for inclusion in the public hearing record.

(2)

Other Persons

Persons other than the city attorney shall not communicate outside a public hearing with a member of a land use board or the governing body concerning the merits or substance of an appeal to be heard by that body.

(3)

Site Inspection

Individual members of a land use board or the governing body may not inspect the site of any subject property, except pursuant to a publicly noticed site visit that affords all parties the opportunity to attend.

(4)

Effect of Improper Communication

A member of a land use board or the governing body receiving a communication in violation of this section shall disclose the substance of the communication on the record, and the member shall recuse himself or herself if he or she cannot be fair and impartial in hearing the appeal.

(H)

Appeal Hearing Procedure

(1)

Administrative Procedures

Appeals shall be conducted in accordance with administrative procedures to be adopted by resolution of the governing body. Copies shall be available to the public in the planning and land use department and the city clerk's office.

(2)

Submittals by Parties

Up to ten days prior to the public hearing, a party to an appeal may submit any documents or written evidence on which the party intends to rely for review by the body hearing the appeal.

(3)

Land Use Board Review

(a)

The land use board shall conduct a public hearing in accordance with adopted procedures and may reverse or affirm, in whole or in part, or may modify the final action appealed in accordance with the provisions of this section and shall have the powers of the land use director at the time the final action was taken. The hearing shall be de novo.

(b)

Pursuant to Subsection 10-15-1(H)(3) NMSA 1978 (Open Meetings Act), the land use board or governing body may deliberate in executive session, provided the hearing and final action occur in open meeting.

(c)

The land use board shall issue a written decision, including an explanatory statement of the factual and legal basis for the decision.

(4)

Burden of Proof

Unless otherwise provided by law, the appellant has the burden of proof under Subsection 14-3.17(A)(2).

(I)

Due Process

Interpretation of this section shall be made in favor of a party's opportunity to be heard at a meaningful time and in a meaningful manner. Procedures shall adhere to procedural due process.

(Ord. #2019-27, § 8; Ord. #2020-22, § 16; Ord. #2020-23, § 4)

Pursuant to Section 3-19-11 NMSA 1978, the planning commission shall conduct utility conformity reviews of electrical facilities as set forth in Section 14-6.2(F)(7).

(A)

Applicability

(1)

General Provisions

The general provisions of this section shall apply to final actions to approve development pursuant to Chapter 14, including:

(a)

special use permits;

(b)

development plans, including preliminary and final development plans;

(c)

master plans;

(d)

variances;

(e)

subdivisions, including preliminary and final plats, inheritance and family transfer subdivisions, summary plats and resubdivisions; and

(f)

development within historic districts or affecting landmarkproperties.

(2)

Specific Provisions Pursuant to Conditions of Approval

A final action may incorporate conditions of approval that establish shorter time limits than those specified in Chapter 14. Final action to approve a phased development project may incorporate a phasing plan with longer time limits than those specified in Chapter 14.

(3)

Final Actions
(Ord. No. 2014-31 § 7)

(a)

Determination of final actions shall be as provided in Sections 14-3.17(A)(1) and 14-3.17(C)(4).

(b)

For the purpose of computing expirations and time extensions, the date of final action for a development approval that is appealed one or more times pursuant to the provisions of Chapter 14 is the date of final action by the land use board or governing body on the last appeal. The date of final action for a development approval that is appealed pursuant to the provisions of Section 3-21-9 NMSA 1978 Zoning - Appeal is the date a written decision is filed pursuant to Section 39-3-1.1 NMSA 1978.

(B)

Expiration of Development Approvals

Unless a time extension is approved pursuant to Subsection 14-3.19(C) or specific time limits under Subsection 14-3.19(A)(2) apply, development approvals shall expire in the following circumstances.

(1)

Master Plans

Approval of a master plan shall expire five years after all applicable appeal periods, and any appeals of the final action approving it unless:

(a)

approval is granted for a development plan or subdivision plat within the master plan boundaries; or

(b)

actual development of the site or off-site improvements is begun and is continued pursuant to Subsection 14-3.19(B)(6).

(2)

Preliminary Subdivision Plats or Preliminary Development Plans

Approval of a preliminary subdivision plat or preliminary development plan shall expire three years after final action approving it unless the final plat or development plan is approved.

(3)

Final Subdivision Plats

Approval of a final plat for a subdivision, including a summary plat approved by the land use director and resubdivisions, shall expire three (3) years after final action approving it unless the plat is filed for record with the county clerk. If the final plat approval expires, then the approval of the corresponding preliminary plat expires simultaneously.

(4)

Final Development Plans

Approval of a final development plan, or any development plan for which no preliminary development plan was required, shall expire three (3) years after final action approving it unless actual development of the site or off-site improvements has begun and is continued pursuant to Subsection 14-3.19(B)(6). If the final development plan approval expires, approval of any corresponding preliminary development plan expires simultaneously.

(5)

Other Development Approvals

Approval of special use permits, approval of development by the historic districts review board, approval of variances that are not associated with other types of development approval or types of development approvals not listed in this section, shall expire three years after final action approving them unless actual development of the site or off-site improvements has begun and is continued pursuant to Subsection 14-3.19(B)(6) or unless a different expiration date is specified elsewhere in Chapter 14. Variances associated with subdivisions, development plans or similar types of development approval shall be subject to the expiration provisions of the associated development.

(6)

Continuing Development Activity Required
(Ord. No. 2013-16 § 19)

Approvals for the uncompleted portions of development other than recorded subdivisions expire if, at any time prior to completion of all phases of the approved development, no substantive development progress occurs:

(a)

for an approved master plan, during any interval of five years; or

(b)

for a development plan or other development approval as specified in Subsection 14-3.19(B)(5), during any interval of three years.

(c)

Substantive development progress means actual development of the site or related off-site infrastructure, filing for record of a development plan or subdivision plat for a phase of the approved development, or obtaining subsequent development approvals from a land use board, such as a final development plan approval subsequent to a preliminary development plan approval.

(7)

Effect of Expiration on Partial Development

Development and use of land that occurs prior to expiration of a development approval shall continue to be subject to applicable provisions of that approval until and unless it is amended.

(C)

Time Extensions

(1)

Application Filing

Applications for extensions shall be filed prior to the expiration of the final action for which the extension is requested. The application shall state the reason for the extension request and shall document the progress made toward completion of the approved development and the proposed time schedule for final completion.

(2)

Administrative Extensions
(Ord. No. 2013-16 § 20)

(a)

The land use director may approve two consecutive extensions to the time limits for an approved development, each not to exceed one year. Approval shall be based on review of the findings and conditions of approval of the original final action and a finding by the land use director that no substantive changes have occurred to the regulations or policies that apply to the development or to the circumstances affecting the site and its vicinity. The administrative extension shall not approve revisions to the development or amendments to the conditions of approval, and no early neighborhood notification is required.

(b)

Administrative time extensions approved by the land use director, pursuant to this Subsection 14-3.19(C)(2), for development approvals that were granted by the planning commission or the governing body, are subject to review by the planning commission. The land use director shall identify the action taken and place it on a consent agenda for the planning commission. The land use director shall provide the planning commission with the applicant's written application and the land use director's written proposal. The planning commission may accept, reject or modify the proposal.

(3)

Time Extensions by Land Use Boards

Extensions of time that do not meet the requirements for administrative approval may be made by following the procedures for amending the type of action for which extension is requested.

(D)

Amendment of Development Approvals

(1)

Amendments Generally

Procedures for substantive amendment or revisions to final actions to approve development shall be the same as those that apply to a new application for the type of approval proposed for amendment, unless a specific alternative procedure is provided in this section or elsewhere in Chapter 14.

(2)

Master Plans in the MU and BIP Districts

The planning commission may approve amendments to master plans in the MU and BIP Districts.

(3)

Minor Amendments by the Planning commission to Plans Approved by the Governing Body

(a)

The planning commission may approve minor amendments to master plans, preliminary or other development plans approved by the governing body, including minor modifications to master plan design standards. Such amendments must be consistent with prior action by the governing body, including any specific restrictions, limitations or requirements adopted as provisions of the master plan, preliminary or other development plan, rezoning ordinance, annexation ordinance or annexation agreement.

(b)

Action by the planning commission to approve a minor amendment must be taken at a public hearing with notice as required by Section 14-3.2(H).

(c)

An amendment to significantly increase the density or intensity of development previously approved by the governing body may not be approved as a minor amendment, and requires amendment of the previous approval by the governing body.

(Ord. No. 2019-27, §§ 9, 10)

(Ord. No. 2012-21 § 1)

(A)

Applicability

The provisions of this Section 14-3.20 apply to residential condominium declarations recorded on or after May 30, 2012 that create a condominium or that amend an existing condominium declaration to change the number of condominium units or reserved development rights.

(B)

Requirements

A residential condominium declaration shall contain written confirmation from the land use director that the proposed or amended condominium declaration complies with the zoning density requirements of Chapter 14 SFCC 1987.

(C)

Submittals

Prior to the recordation of a condominium declaration, the declarant shall submit information to the land use director sufficient to determine whether the proposed or amended condominium declaration is in compliance with the zoning density requirements of Chapter 14 SFCC 1987. The land use director shall determine the sufficiency of the information submitted.

(D)

Written Confirmation of Compliance with Zoning Density Requirements of Chapter 14

If the proposed or amended condominium declaration complies with the zoning density requirements of Chapter 14 SFCC 1987, the land use director shall issue a written confirmation to the condominium declarant for inclusion in the contents of the condominium declaration as required by 47-7B-5 NMSA 1978. The land use director shall maintain copies of written confirmations issued pursuant to this Section 14-3.20.

(E)

Existing Residential Condominiums

(1)

A condominium (including constructed condominium units and unconstructed condominium units in the form of reserved development rights) is in conformance with the zoning density requirements of Chapter 14 when:

(a)

the condominium meets the zoning density requirements of Chapter 14; or

(b)

the condominium met the zoning density requirements of Chapter 14 when the most recent condominium declarations were recorded.

(2)

A condominium (including constructed condominium units and unconstructed condominium units in the form of reserved development rights) is subject to the provisions of Section 14-10.6 (Nonconforming Residential Condominiums) if the condominium declarations were recorded prior to May 30, 2012, and:

(a)

the condominium does not meet the zoning density requirements of Chapter 14; and

(b)

the condominium did not meet the zoning density requirements of Chapter 14 when the most recent condominium declarations were recorded.

State Law reference— For applicable state law see §47-7B-5 NMSA 1978 of the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978].