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Santa Fe City Zoning Code

ARTICLE 14

4 - ZONING DISTRICTS

(Ord. No. 2011-37 § 4)


14-4.1 - GENERAL PROVISIONS

(A)

Purpose of Dividing City into Districts

(1)

To achieve the purposes stated in Section 14-1, the city is divided into districts within which there are distinct regulations for the development and use of structures and land.

(2)

The regulations are made in accordance with the general plan and are designed to lessen congestion in the streets and public ways; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of lands; to avoid undue concentration of population; and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements.

(3)

The regulations and restrictions have been made with reasonable consideration for the character of each district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout Santa Fe.

(B)

Compliance with District Regulations

A structure or land shall not be used or occupied and a structure or part of a structure shall not be erected, constructed, reconstructed, moved or structurally altered unless in conformance with the regulations specified in Chapter 14 for the district in which it is located.

(C)

Official Zoning Map

(1)

The city is divided into zones or districts as shown on the official zoning map, which, together with all explanatory matter on the map and as amended from time to time, is adopted by reference and declared to be a part of Chapter 14.

(2)

The official zoning map shall be maintained in electronic form and depicted in various formats and scales as appropriate to the need. The land use director is responsible for tracking and maintaining all changes to the map and shall be the final authority of reference as to the current zoning status of lands, buildings and other structures in the city.

(3)

Changes affecting the zoning district designation of any portion of land represented on the official zoning map, including rezonings, annexations and the creation of new zoning districts, shall be made only as the result of action by the governing body related to the zoning change and shall follow the prescribed procedures for such action as set forth in Chapter 14.

(4)

The land use director may make the following changes to the official zoning map at any time:

(a)

revisions of style, format or layout to enhance clarity;

(b)

additions of explanatory text or labels;

(c)

corrections of spelling and grammar;

(d)

corrections based on oversight or error and to identify official actions that are not reflected or are incorrectly reflected;

(e)

and any other changes affecting the appearance, style, color or graphic presentation of the map.

(5)

A revised official zoning map, including the proposed nonsubstantive changes, shall be administratively approved by the land use director in writing.

(D)

Rezoning Procedure

Rezoning requirements set forth in this article are in addition to the requirements set forth in Section 14-3.5, which apply to all rezonings.

(E)

Rules for Interpretation of District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

district boundaries indicated as approximately following center lines of streets, highways or alleys shall be construed as following those center lines;

(2)

district boundaries indicated as approximately following plattedlot lines shall be construed as following those lot lines;

(3)

district boundaries indicated as approximately following city limits shall be construed as following the city limits;

(4)

in the event of annexation of new areas to Santa Fe, the areas shall be zoned R-1 until otherwise classified. If changes in the city limits remove territory from Santa Fe, district boundaries shall be construed as moving to conform with the city limits; (Ord. No. 2014-31 § 8)

(5)

district boundaries indicated as approximately following railroad lines shall be midway between the main tracks;

(6)

district boundaries indicated as approximately following center lines of stream beds, other bodies of water or drainage ways shall be construed to follow those center lines;

(7)

district boundaries indicated as approximately parallel to or extensions of features indicated in Sections 14-4.2(E)(1) through (6) shall be construed as such and at such distance from the features as indicated on the official zoning map. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; and

(8)

where natural or man-made features that actually exist are at variance with those shown on the official zoning map or in other circumstances not covered by this section, the governing body shall interpret the district boundaries.

14-4.2 - RESIDENTIAL DISTRICTS

(A)

Purpose

The purpose of this section is to distinguish between residential districts primarily on the basis of density. Unless otherwise limited by this section or other provisions of Chapter 14, a variety of dwelling types to serve a wide range of individual requirements is available throughout the residential districts, including single-family dwellings or multiple-family dwellings, attached or detached dwelling units, site-built or nonsite-built dwelling units, conventional subdivision arrangements, zero lot line, cluster developments or compounds, as long as they are in keeping with the overall character of the district and all other applicable requirements are met.

(B)

Other Structures and Uses

Structures and uses other than residentialdwelling units that serve the immediate needs of residential areas are allowed outright or are permissible as special use permits within the residential districts, subject to restrictions and requirements intended to preserve and protect the residential character of the districts.

(C)

Rural Residential District (RR)

The RR district is intended to respect the existing rural residential character of the area and prevent urban densities.

(D)

R-1, R-2, R-3, R-4, R-5 and R-6 Residential Districts

The purpose of the R-1, R-2, R-3, R-4, R-5 and R-6 residential districts is to be residential areas with low population densities.

(E)

R-7, R-8 and R-9 Residential Districts

(1)

Purpose

These districts are designed to accomplish the following:

(a)

to allow a greater intensity of residential land use;

(b)

to encourage infilldevelopment on undeveloped or underdeveloped land in order to promote compact urban form and promote efficient use of public infrastructure and services; and

(c)

to allow a density that enables affordability.

(2)

Rezoning Requirements

Rezoning to R-7, R-8 or R-9, except a city-initiated down zoning, requires consideration and approval by the planning commission and the governing body of a development plan for the property as provided in Section 14-3.8.

(F)

R-7(I) Single-Family Residential Infill District

(1)

Purpose

It is the purpose of the R-7(I) district to encourage infill single-familyresidentialdevelopment on undeveloped or underdeveloped land within or adjacent to established residential areas, consistent with the lot patterns and densities of those areas.

(2)

Rezoning Requirements

Property is eligible for rezoning to R-7(I) if the property is less than five acres in size and located within or adjacent to an established residential area that is zoned R-4, R-5 or R-6 if all other applicable requirements are satisfied.

(G)

RC-5 and RC-8 Residential Compound Districts

The RC-5 and RC-8 residentialcompound districts are intended to be medium-densityresidential areas allowing the development of new dwelling units in harmony with the existing character of the city's compound areas.

(H)

R-10, R-12, R-21 and R-29 Residential Districts

The purpose of the R-10, R-12, R-21 and R-29 districts is to make available a variety of dwelling unit types to serve a wide range of household needs at medium- and high-density levels.

(I)

RAC Residential Arts and Crafts District

The purpose of the RAC residential arts and crafts district is to serve and preserve the prevalent characteristics of certain limited areas of the city. Within these areas, residential uses are intermixed with small arts and crafts shops, studios and galleries where the goods traded are custom-produced in small quantities and often one of a kind; where the arts or crafts are taught to small numbers of people; or where the persons engaged in arts and crafts activities are not numerous. It is not intended that this district be applied to new areas not having these characteristics.

(J)

MHP Mobile Home Park District

(1)

Purpose

The MHP district is intended to provide premises for mobile home parks in existence prior to December 10, 2012 (effective date of this Ordinance No. 2012-37) or for the development of residential subdivisions or attached multiple-family dwellings. (Ord. No. 2012-11 § 8; Ord. No. 2012-37 § 1)

(2)

Rezoning Requirements

(a)

Property is eligible for rezoning to MHP if the property is a minimum of two acres in size and if all other requirements of Chapter 14 are satisfied.

(b)

Rezoning to MHP requires consideration and approval by the planning commission and governing body of a development plan for the property as provided in Section 14-3.8.

14-4.3 - NONRESIDENTIAL AND MIXED-USE DISTRICTS

(A)

C-1 Office and Related Commercial District

The purpose of the C-1 office and related commercial district is to provide areas for government offices; professional and business offices; medical and dental offices or clinics; personal care facilities for the elderly; and hospitals, laboratories, pharmacies and related complementary businesses that provide sales or service of office equipment, medical and dental supplies and office supplies. This district serves as a transitional buffer between more intense commercial use districts and residential districts.

(B)

C-2 General Commercial District

The C-2 general commercial district includes areas along streets carrying large volumes of traffic where commercial uses are appropriate. Regulations are designed to guide future additions or changes so as to discourage extension of existing and formation of future strip commercial development, to preserve the carrying capacity of the streets and to provide for off-street parking and loading.

(C)

C-4 Limited Office, Retail and Arts and Crafts District

(1)

Purpose

The C-4 limited office, retail and arts and crafts district provides a specific area for limited office, retail and arts and crafts commercial uses of a nature not likely to generate heavy vehicular traffic. The C-4 district recognizes the need to protect residentialpropertyowners who are adversely affected by heavily trafficked city roads and to maintain the residential character of the area surrounding these roads. This district serves as a transitional buffer area between heavily trafficked roads and the adjoining residential districts.

(2)

Boundaries

(a)

Only property within a C-4 zoning eligibility area, as shown on the official zoning map, shall be eligible for rezoning to C-4. Rezoning of individual parcels shall follow the procedures in Section 14-3.5.

(b)

Amendment to the existing eligibility area or a proposal for an additional C-4 zoning eligibility area surrounding another heavily trafficked road not already included within the existing C-4 zoning eligibility area(s) constitutes a Chapter 14 text amendment and shall comply with the procedures set forth in Section 14-3.3.

(3)

Rezoning Requirements

Rezoning to C-4 requires consideration and approval by the planning commission and governing body of a development plan for the property as provided in Section 14-3.8.

(D)

HZ Hospital Zone Districts

(1)

Purpose

(a)

Christus St. Vincent Hospital Zone District

The Christus St. Vincent HZ district recognizes the need for medical and dental offices, pharmacies and continuing care communities in proximity to Christus St. Vincent Hospital, while at the same time maintaining the character of the surrounding areas.

(b)

Las Soleras Hospital Zone District

The Las Soleras HZ district is intended to accommodate a hospital and business and professional office uses in the Las Soleras Development.

(2)

Boundaries

(a)

Christus St. Vincent HZ district - Only properties within the area designated on the official zoning map for Christus St. Vincent HZ rezoning eligibility shall be eligible for rezoning to HZ pursuant to the procedures in Section 14-3.5. Amendment to the eligibility area constitutes an amendment to the text of Chapter 14 and shall comply with the procedures in Section 14-3.3.

(b)

Las Soleras HZ district - Property within the area defined in the Las Soleras HZ on the official zoning map has already received the HZ zoning designation. It is not intended that this district be expanded.

(E)

BCD Business-Capitol District

(1)

Purpose

In recognition of the fact that the economic health of the city depends on the economic viability of the BCD, the purpose of the BCD is to provide for a mixture of land uses, including residential uses, designed to promote the district's economic well being while preserving the unique architecture, townscape and aesthetics that foster a strong tourist industry and sustain the quality of life, sense of community and historical identity in the district and the city.

(2)

Boundaries

(a)

The BCD is composed of townscape subdistricts and redevelopment subdistricts. The district and its subdistricts are defined by the official zoning map.

(b)

Changes to boundaries of the townscape subdistricts or redevelopment subdistricts, including designations of new townscape and redevelopment subdistricts, are considered rezonings and must follow the procedures set forth in Section 14-3.5. Designations of new townscape subdistricts are also considered Chapter 14 text amendments and shall comply with the procedures set forth in Section 14-3.3.

(3)

Townscape Subdistricts

(a)

The existing townscape subdistricts include: Alameda Street, Barrio de Analco, Cerrillos Road, Don Gaspar, East Marcy/East Palace, Loretto, Marcy, McKenzie Street, Old Santa Fe Trail, Plaza/San Francisco, Rosario Boulevard/NW Paseo de Peralta, Sandoval/Montezuma, State Capitol and Westside.

(b)

The townscape subdistricts are intended to:

(i)

preserve the overall aesthetic quality of the BCD;

(ii)

maintain diversity among the various subdistricts; and

(iii)

protect the unique features, recognizable historic character and other common identifying characteristics of each subdistrict.

(c)

Property is eligible for rezoning to a townscape subdistrict if the land is located within or adjacent to the BCD and meets all other requirements of Chapter 14.

(4)

Redevelopment Subdistricts

(a)

Purpose

Redevelopment subdistricts are intended to provide for:

(i)

infill and a limitation of sprawl through the efficient use of land;

(ii)

optimum use of public infrastructure;

(iii)

a mix of land uses, including residential uses;

(iv)

comprehensive site planning;

(v)

public benefit uses;

(vi)

urban design innovation;

(vii)

an enhancement of the economic vitality of the district;

(viii)

the preservation and enhancement of the character and quality of the area in which the subdistrict is located through elimination of any potentially significant adverse impacts or potentially irreversible adverse impacts upon the community, surrounding neighborhoods or other approved project plans; and

(ix)

redevelopment of areas with weak townscape qualities or of areas that are undergoing change.

(b)

Redevelopment Requirements

(i)

The property is eligible for rezoning to a redevelopment subdistrict if: 1) the land is located within or adjacent to the BCD and encompasses at least three acres, exclusive of dedicated streets and rights of way, or a complete city block, whichever is smaller; and 2) the existing infrastructure has the capability to support or to be modified to support the allowed floor area ratio set forth in Subsections (ii) and (iii) below.

(ii)

The baseline floor-area ratio shall be two and five-tenths to one; provided, however, that such a floor-area ratio shall not be allowed if it is judged to be incompatible with an adjacent neighborhood or townscape subdistrict.

(iii)

Rezoning to BCD-redevelopment subdistricts requires consideration and approval by the planning commission and governing body of a master plan or development plan for the property as provided in Sections 14-3.8 and 14-3.9.

(5)

Redevelopment subdistrict property is eligible for rezoning to a townscape subdistrict provided that:

(a)

development of the redevelopment subdistrict is substantially complete, which determination shall be made by the governing body;

(b)

the property is located in or adjacent to the townscape subdistrict it will become part of if the rezoning is approved, and

(c)

all other requirements of Chapter 14 are met.

(F)

I-1 Light Industrial District

The I-1 district is intended primarily for light manufacturing, processing, storage, warehousing, distribution and similar commercial uses. Regulations are intended to prevent friction between uses within the district and also to protect nearby residential districts.

(G)

I-2 General Industrial District

(Ord. No. 2013-16 § 21)

The I-2 district is intended primarily for general manufacturing and closely related uses. Also allowed in the district are commercial and other uses allowed in some commercial districts. To avoid burdensome regulations on general manufacturing but at the same time to provide adequate limitations on the development of industries incompatible with the city's general industrial characteristics, regulations for this district are intended to provide protection principally against effects harmful to other districts. These regulations do not afford the same level of protection for commercial and other allowed uses not related to general manufacturing as such uses would receive if located in districts primarily designed for them.

(H)

BIP Business and Industrial Park District

(1)

Purpose

(a)

The purpose of the BIP district is to provide locations for the development of jobs in research and development activities and in offices, institutions and limited light industrial settings. The BIP district regulations intend to ensure that district locations may be adjacent to residential and commercial areas with minimum buffering.

(b)

It is also the purpose of the BIP district to allow related uses that complement or support the primary employment-based uses to create a functional and pedestrian-friendly development.

(2)

Rezoning Requirements

(a)

Property is eligible for rezoning to BIP if the property is a minimum of four acres in size and all other applicable requirements of Chapter 14 are satisfied.

(b)

Rezoning to BIP requires consideration and approval by the planning commission and governing body of a master plan or development plan for the property as provided in Sections 14-3.8 and 14-3.9.

(I)

PRC Planned Residential Community District

(1)

Purpose

The purpose of the PRC district is to provide for the comprehensive and coordinated planning of large-scale residentialdevelopments that allows for a phasing of development that will take place over a long period of time. This district allows and encourages single-family residences in conventionally platted subdivisions and clusteredresidentialdevelopments based on a design concept that applies innovative site-planning techniques; a mixture of residentialdensities intended to achieve a balanced community for all types of families; and neighborhood commercial uses of a type and intensity serving the residents of the PRC and the surrounding areas.

(2)

Rezoning Requirements

(a)

Only areas that contain one hundred sixty acres or more are eligible for rezoning to PRC, provided all other applicable requirements are satisfied.

(b)

Rezoning to PRC requires consideration and approval by the planning commission and governing body of a master plan or development plan for the property as provided in Sections 14-3.8 and 14-3.9.

(J)

PRRC Planned Resort-Residential Community District

(1)

Purpose

The purpose of the planned resort-residential community district is to provide for the comprehensive and coordinated planning of large-scale resort-residentialdevelopments that allows for phasing of development that will take place over a long period of time. This district allows and encourages the development of resorts in conjunction with a mixture of residential uses, densities and building types within the range of the economic market the development proposes to serve.

(2)

Rezoning Requirements

(a)

Only areas that contain one hundred sixty acres or more are eligible for rezoning to PRRC, provided all other applicable requirements are satisfied.

(b)

Rezoning to PRRC requires consideration and approval by the planning commission and governing body of a master plan or development plan for the property as provided in Sections 14-3.8 and 14-3.9.

(K)

SC Planned Shopping Center Districts

(1)

Purpose

(a)

The purpose of the SC districts is to provide new neighborhood, community and regional shopping centers. The SC-1, SC-2 and SC-3 districts are intended for a unified grouping, in one or more buildings, of retail establishments, stores and services that provide for the regular needs and convenience of families residing in the adjacent residential neighborhoods or in the larger community.

(b)

The purpose of the SC districts also is to allow uses and structures customarily accessory and clearly incidental and subordinate to the permitted principal uses and structures as stated and restricted in Subsection 14-4.3(K)(1)(a); provided that the accessory uses and structures are in keeping with the character of the district.

(c)

The further purpose of the SC districts is that the three types of SC districts are defined and distinguished by scale of development, using trade area, market and number and variety of retail establishments to determine whether the district should be zoned SC-1, SC-2 or SC-3 as follows:

(i)

SC-1 neighborhood shopping center district: 1) radius of trade area is approximately one to one and one-half miles; 2) minimum market is approximately one thousand families; and 3) composition of center is five to ten retail establishments, the major store is usually a supermarket or pharmacy; other retail establishments include those offering convenience goods and personal services, not including auto repair, filling stations or residential uses;

(ii)

SC-2 community shopping center district: 1) radius of trade area is approximately four miles or more; 2) minimum market is approximately five thousand families; and 3) composition of center is ten or more retail establishments; the major retail establishment is usually a variety or department store, in addition to convenience goods and personal services as in SC-1. Other retail establishments may include filling stations, department stores, discount stores, furniture stores and other stores and services that provide for the regular needs of families residing in the adjacent residential neighborhoods or in the larger community; and

(iii)

SC-3 regional shopping center district: 1) radius of trade area is approximately one hour drive by automobile; 2) minimum market is approximately one hundred fifty thousand people; and 3) composition of center is one or more full-time department stores with eighty thousand to one hundred thousand square feet of gross leasable area each and retail establishments providing convenience goods and personal services.

(d)

Development and design standards, including square footage restrictions, for the three SC districts are in Article 14-7. (Ord. No. 2012-11 § 9)

(2)

Rezoning Requirements

(a)

Property is eligible for rezoning to SC if:

(i)

the property is: 1) an addition in depth to lands where frontage is already commercially zoned; 2) already commercially zoned and existing development, if any, can be brought into conformance with the SC district regulations; or 3) not already commercially zoned in whole or in part and is not now served by appropriate and convenient shopping facilities;

(ii)

the shopping center will be convenient to and serve at least one residential area; and

(iii)

the tract on which the shopping center will be located is of such size, shape and location as to enable well-organized development of the commercial facilities, with proper access streets, ingress and egress, off-street parking and loading space and other requirements and amenities.

(b)

Additionally, property is eligible for rezoning to:

(i)

SC-1 if it has a site area of five to fifteen acres;

(ii)

SC-2 if it has a site area of ten to forty acres; and

(iii)

SC-3 if it has a site area of thirty-five acres or more.

(c)

Rezoning to SC requires consideration and approval by the planning commission and governing body of preliminary or final development plans, or both, for the property as provided in Section 14-3.8.

(L)

MU Mixed-Use District

(1)

Purpose

It is the purpose of the MU mixed-use district to provide for the creative infill and development of underused and vacant land and buildings in Santa Fe. This zoning category allows office, commercial and residential uses in the same building or on the same property. MU zoning should accomplish the following goals:

(a)

control sprawl by creating a more efficient use of land and more opportunities for infill;

(b)

promote affordable housing and economic development by emphasizing a variety of land uses

(c)

promote creative and flexible land uses within Santa Fe;

(d)

foster alternative means of transportation, including transit, bicycles and walking;

(e)

promote infilldevelopment and pedestrian-oriented streetscapes in currently underused parking areas and along existing roadway corridors; and

(f)

promote shared parking areas in the design and development of mixed-use projects.

(2)

Rezoning Requirements

(a)

Application for rezoning to MU is not allowed for residentially zoned properties located in historic districts, as shown on the official zoning map.

(b)

Rezoning to MU requires consideration and approval by the planning commission and governing-body of preliminary or final development plans for the property as provided in Section 14-3.8.