(A)

Land Use Categories

(1)

Table 14-6.1-1 sets forth the uses allowed and prohibited within the general use zoning districts and the AC overlay zoning district.

(2)

The descriptions and categorizations of land uses are intended for convenience in classifying specific land uses and are not intended to be exhaustive or mutually exclusive descriptions of all possible specific uses.

(3)

These regulations are based on the patterns of development and physical activities that comprise the principal and accessory uses of land, rather than on whether the activity is conducted for profit, not for profit or other purposes.

(B)

Permitted and Prohibited Uses; Explanation of Table Abbreviations (Ord. No. 2014-31 § 10)

(1)

Permitted Uses

A "P" in a cell indicates that a use category is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of Chapter 14, including the development and design standards set forth in Article 14-8.

(2)

Special Use Permits

An "S" in a cell indicates that a use category is permitted only if reviewed and approved as a special use permit, in accordance with the review procedures of Section 14-3.6.

(3)

Accessory Uses

An "A" in a cell indicates that a use category is permitted as an accessory use as described in Section 14-6.3.

(4)

Prohibited Uses

A blank cell indicates that the use type is prohibited in the zoning district. A use or structure not specifically or specially permitted in Chapter 14 is prohibited.

(5)

Additional Regulations

(a)

Regardless of whether a use is permitted by right or as a special use permit, there may be additional regulations that are applicable to a specific use. The existence of these use-specific regulations is noted through a reference in the column of the use summary table entitled "Use-Specific Regulations." References refer to Section 14-6.2. These regulations apply to all districts unless otherwise specified. Additional regulations are also contained in and referenced in the notes at the end of the table.

(b)

Uses may be subject to review or approval procedures in Chapter 14, including Section 14-3.8(B)(3), which requires development plan approval for new construction over ten thousand (10,000) or thirty thousand (30,000) square feet gross floor area, or Article 14-4 which requires development plan approval for certain rezoning actions.

(c)

See Section 14-3.9(C)(2) and (C)(3) for uses allowed in the PRC, PRRC and other master-planned districts.

(6)

Uses Not Listed in Table

Any specific use type not listed or included in the Table of Permitted Uses is prohibited unless the land use director determines that it is to be included in an existing use category.

(C)

Table of Permitted Uses (Ord. No. 2012-37 § 2; Ord. No. 2013-16 §§ 22-29; Ord. No. 2015-14)

Districts are designated in Table 14-6.1-1 as follows:

Table 14-6.1-1

(Ord. #2020-8, § 1; Ord. #2020-24, § 1; Ord. #2020-35, § 1; Ord. #2021-19, § 1; Ord. #2022-8, § 1)

(A)

Residential Uses

(Ord. #2016-20; Prior ordinances include: Ord. ##2012-21, 2012-37; Ord. #2021-11, § 6)

(1)

Continuing Care Community

(a)

Density

Independent dwelling units are subject to the density standards of the district in which the continuing care community is located.

(b)

Compliance with state and federal law

Continuing care communities must comply with all applicable state and federal laws and regulations.

(2)

Mobile Home, Permanent Installation

In any district in which permanent single-family occupancy of a mobile home on an individual lot is allowed as a special use permit by the board of adjustment, the following minimum standards apply:

(a)

the mobile home shall be anchored to a concrete foundation and skirted as specified by the land use director;

(b)

the rental or lease of mobile homes used as single-family residences on individual lots is prohibited; and

(c)

minimum requirements for lot size, front, side and rear yards, and all other standards pertaining to single-familyresidential land use set forth in Chapter 14 apply.

(3)

Mobile Home Park

(a)

Applicability

New mobile home parks are prohibited as of December 10, 2012 (effective date of this Ordinance No. 2012-37). In a district in which mobile home parks are allowed, the minimum standards set out in this section apply.

(b)

License

Prior to beginning operation, a mobile home park owner or operator must obtain a business license from the city under the provisions of Article 18-1 SFCC 1987.

(c)

Inspection

The city may inspect a mobile home park for conformance with the provisions of this section.

(d)

Transfer of License

The city may issue a transfer of the license only after the following:

(i)

application in writing for transfer of a license and payment of the transfer;

(ii)

an inspection report by the land use director has been submitted to the governing body, stating conformance or nonconformance with the provisions of this section;

(iii)

approval by the governing body.

(e)

Revocation of License

The governing body may revoke a license to maintain and operate a mobile home park, as provided in Article 18-1 SFCC 1987 when the licensee has violated any provision of this section.

(f)

Posting

The license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.

(g)

Standards

Mobile home parks shall comply with the standards set forth in Subsection 14-7.2(1).

(4)

Manufactured Homes

Manufactured homes:

(a)

are permitted in any district in which site-built, single-family dwellings are allowed;

(b)

shall meet all requirements of other site-built, single-family dwellings in the same district and all applicable historic or aesthetic standards set forth in Chapter 14; and

(c)

shall be constructed according to the Manufactured Home Construction and Safety Standards, 24 CFR Section 3280.

(5)

Short-Term Rental Units

(a)

Purpose and Intent

This section shall be known as the Short-Term Rental Unit Ordinance. The purposes of the Short-Term Rental Unit Ordinance are the following:

(i)

to ensure that the operation of short-term rental units does not disrupt the character of the city's residential neighborhoods or affect the quality of life of neighboring residents;

(ii)

to prevent speculators from purchasing multiple homes for the purpose of operating multiple short-term rental units, thereby reducing the availability of long-term housing;

(iii)

to allow residents who comply with the city'sshort-term rental unit regulations the option of utilizing their homes and accessory dwelling units as short-term rental units to create wealth and generate supplemental income;

(iv)

to minimize public safety risks associated with short-term rental units, such as higher traffic levels, parking issues, noise, litter, and other public nuisances; and

(v)

to ensure that an owners or operator of a short-term rental unit follows applicable regulations, including the payment of all applicable fees and taxes.

(b)

Short-Term Rental Permit or Registration Required

(i)

An owner of a short-term rental unit must have a city-issued business license and either a short-term rental permit or a short-term rental registration, as set forth in subsections 14-6.2(A)(5)(c) and (d).

(ii)

An owner or operator shall not operate, rent, offer to rent, or advertise a short-term rental unit without a valid permit or registration.

(iii)

A city-issued permit or registration number must be included in all advertising of a short-term rental unit, including listings on a host platform.

(c)

Permit; Residentially Zoned Property

(i)

Permit. A short-term rental unit on residentially zoned property requires a city-issued permit.

(ii)

One thousand (1000)-Permit Limit. The land use director shall issue a maximum of one thousand (1000) short-term rental permits. The land use department shall process applications in the order of receipt and shall issue new permits in the order that complete applications are received. If the number of permits reaches the one thousand (1000)-permit limit, then the land use department shall stop processing applications and shall add applicants to a waiting list until a permit becomes available. If an applicant waits on the list for a year or longer, the land use director may require the applicant to indicate a continued interest in remaining on the list.

(iii)

One (1) Permit per Natural Person Limit. The land use director shall issue permits to natural persons only, and each natural person may possess a maximum of one (1) permit. If the subject property is owned by a legal or business entity, the permit must be held in the name of a person with legal authority to act on behalf of that entity. The fact that a permit must be issued to a natural person does not mean that the property cannot be titled in such entities as a revocable trust, an LLC, or a corporation. The land use director shall not issue permits to dwelling units that are comprised of multiple, time-divided ownership interests, provided, however, that certain dwelling units may be eligible to maintain short-term rental registrations, as set forth in subsection 14-6.2(A)(6)(b).

(iv)

Permit Not Transferrable. A permit is not transferable to another person or property. Upon the transfer of ownership of a short-term rental unit, the short-term rental permit shall terminate and revert to the land use department. If the new owner wishes to use the property as a short-term rental unit, the owner shall submit a new application to the land use department. A transfer that does not result in new ownership of the property, such as a transfer to the owner's revocable trust for estate planning purposes or a transfer to an LLC where there is no change in the ownership interest in the property, does not constitute a transfer for purposes of this subparagraph. Upon the death of the permit holder, the permit may be transferred to the permit holder's spouse or domestic partner if the spouse or domestic partner submits a written request to the land use director within ninety (90) days after the permit holder's death, the spouse or domestic partner owns or will own the property upon the settlement of the permit holder's estate, and the spouse or domestic partner does not already hold a short-term rental permit.

(v)

Frequency of Rental. A permitted short-term rental unit shall not be rented more than once within a seven (7)-day period. The limitation set forth in this subparagraph shall not apply to rentals that begin between November 15 and January 15.

(vi)

Proximity. Subject to the exceptions listed below, the land use director shall not issue a new permit for a short-term rental unit if the subject property, as identified in the application, is located within a fifty (50)-foot radius of a residentially zoned property that has a permitted short-term rental unit. The radius shall be measured from the subject property boundary. This limitation shall not apply to the following:

(A)

an application for a short-term rental unit that complies with the requirements set forth in the accessory dwelling units ordinance, subsection 14-6.3(D)(1);

(B)

an application for a short-term rental unit in a multiple-family dwelling development that contains four (4) or more dwelling units, provided, however, that the land use director shall not issue short-term rental permits for more than twenty-five (25%) of such dwelling units, rounded down to the nearest whole number, and shall not issue more than twelve (12) short-term rental permits within a single building within a multiple-family dwelling development.

(d)

Registration; Non-Residentially Zoned Property.

(i)

Registration. A short-term rental unit on non-residentially zoned property requires a city-issued registration.

(ii)

Proximity. The land use director shall not issue more than twelve (12) short-term rental registrations within a single building within a multiple-family dwelling development.

(e)

General Provisions

Unless otherwise stated, the following general provisions apply to all short-term rental units.

(i)

A short-term rental unit must have a local operator that is available twenty-four (24) hours per day, seven (7) days per week, to respond to complaints regarding the operation or occupancy of the short-term rental unit. The operator must be accessible by telephone and able to be physically present at the short-term rental unit within one (1) hour of being contacted.

(ii)

An owner of a short-term rental unit shall provide off-street parking on site as follows:

(A)

one (1) bedroom, one (1) parking space; and

(B)

two (2) or more bedrooms, two (2) parking spaces.

(iii)

A short-term rental unit must meet all applicable building, fire, and safety codes, and all toilets, faucets, and shower heads must meet the water conservation requirements described in Section 25-2.6 SFCC 1987.

(iv)

Prior to issuance of a permit or registration, a short-term rental unit must have a certificate of occupancy to ensure compliance with all applicable codes.

(v)

At or before the time of application for a permit or registration, the owner of a short-term rental unit must also apply for and obtain a business license under Section 18-1 SFCC 1987.

(vi)

An owner or operator shall not allow guests to park recreational vehicles on site or on the street.

(vii)

Short-term rental units located on residentially zoned property shall be used exclusively for residential purposes and shall not be used for commercial activities or events, defined as intending to make money, offering goods or services for sale, or conducting any other event or activity that is not residential in nature. An activity "not residential in nature" includes gatherings in excess of two (2) times the number of legally allowed guests in the short-term rental unit, unless the activity or event is otherwise permitted by the city.

(viii)

The total number of guests that may occupy a short-term rental unit is twice the number of bedrooms.

(ix)

Noise or other disturbance emitted from a short-term rental unit is prohibited after 10:00 p.m., including noise or disturbances emitted from decks, portals, porches, balconies, or patios.

(x)

The owner or operator of a short-term rental unit shall notify all guests in writing of relevant city ordinances, including the city's nuisance and water conservation ordinances. All guests shall comply with all relevant city ordinances.

(xi)

The owner shall pay all applicable local, state, and federal taxes, including lodgers' tax, gross receipts tax, and income tax.

(f)

Application for a Short-Term Rental Permit or Registration

An applicant shall submit an application for a short-term rental permit or registration that includes the following information and documentation:

(i)

the name and phone number of the local operator;

(ii)

owner and operator, affirming that they will operate the short-term rental unit in compliance with this subsection 14-6.2(A)(5) and all other applicable laws, city codes, and private covenants; and that no private covenants prohibit the operation of the short-term rental unit; and

(iii)

additional information, documentation, and submittals as required by the land use director.

(g)

Permit and Registration Renewals

(i)

Unless revoked pursuant to section 14-11.4, an owner may renew a short-term rental permit or registration annually.

(ii)

An application filed on or after January 1, 2022 for renewal of a permit or registration shall include the records required by subparagraph 14-6.2(A)(5)(k) for the previous one (1) year.

(iii)

An owner must renew a short-term rental permit or registration and the associated business license by March 15 of each year. If a permit or registration is not renewed by March 15, the owner may pay a late fee of fifty dollars ($50) to extend the time for filing to renew to April 15. If a permit is not renewed by its expiration date, including any thirty (30) day extension, then the permit will revert to the land use department and will become available to the next eligible applicant on the waiting list, if any. An owner whose permit or registration has expired may submit a new application for a short-term rental permit or registration to the land use director. Issuance of a new permit is subject to the availability of permits.

(h)

Fees for Short-Term Rental Units

The following fees shall be used only to administer, manage, and enforce this subsection 14-6.2(A)(5) and relevant sections of Chapter 18 SFCC 1987, which address applicable licenses and taxes.

(i)

Application Fee. An application for a new short-term rental permit or registration shall be accompanied by a one-time non-refundable application, processing, and inspection fee of one hundred dollars ($100).

(ii)

Business License Fee. A short-term rental unit is subject to an annual business license fee of thirty-five dollars ($35).

(iii)

Permit Fee. A short-term rental unit on residentially zoned property is subject to an annual permit fee of two hundred and ninety dollars ($290).

(iv)

Registration Fee. A short-term rental unit on non-residentially zoned property is subject to an annual registration fee of two hundred and ninety dollars ($290).

(i)

Inspections

The city shall perform an inspection prior to the issuance of an initial permit or registration to ensure compliance with subsection 14-6.2(A)(5) and all applicable fire, health, and safety requirements; and may, upon notice to the owner, perform additional inspections as warranted. To obtain a short-term rental permit or registration, a dwelling unit must meet the following requirements:

(i)

fire evacuation plan;

(ii)

carbon monoxide detection;

(iii)

smoke alarms in all bedrooms;

(iv)

fire extinguishers on each floor;

(v)

no storage of combustible materials in mechanical, boiler, or electrical rooms;

(vi)

fireplace or wood stove must have non-combustible ash receptacle outside the dwelling unit; and

(vii)

address numerals must be at least four (4) inches tall, with one-half inch stroke width, in contrasting color, visible from the street.

(j)

Required Notice for Short-term Rental Permits

(i)

Within ten (10) days after the issuance or renewal of a short-term rental permit, the owner or operator shall mail notices by first-class mail to the homeowners association within which the unit is located (if applicable); to the owners of residentially zoned property within two hundred (200) feet of the subject property, exclusive of rights of way, as shown in the records of the county assessor; to the physical addresses of such properties where such address is different than the address of the owner; and to the land use department.

(ii)

The notices shall be on a form approved by the land use director.

(iii)

The notices shall contain the name and phone number of the local operator. Within ten (10) days after any change in the contact information for the local operator, the owner or operator shall mail a new notice to all parties entitled to notice.

(iv)

Within ten (10) days of the mailing, the owner or operator shall provide the land use director with copies of all required mailing lists and an affidavit of mailing signed by the person who mailed the notices.

(k)

Records

Each owner or operator shall maintain records for the owner'sshort-term rental unit for at least the most recent three (3) years for the owner'sshort-term rental unit or units and shall make such records available to the city for inspection upon request. The records that must be maintained for each short-term rental unit include the following:

(i)

For a short-term rental unit located on residentially zoned property, the starting date of each reservation and the number of nights rented for each reservation;

(ii)

For all short-term rental units, the amount of rent guests paid by month; and

(iii)

For all short-term rental units, the amount of each type of tax and fee the owner paid to the city in connection with rental of the unit by month.

(l)

Violations and Penalties

If an owner or operator fails to obtain the necessary permit or registration before renting, offering to rent, or advertising a short-term rental unit; fails to pay or report applicable taxes; or otherwise fails to adhere to the provisions of subsection 14-6.2(A)(5), the owner or operator shall be subject to the enforcement provisions set forth in Sections 1.3 and 14-11 SFCC 1987 and all other legal remedies and enforcement actions available under the law. These may include civil or criminal penalties or revocation of a short-term rental permit or registration.

(m)

Restrictive Covenants

Private restrictive covenants, enforceable by those governed by the covenants, may prohibit short-term rental units.

(n)

Real Estate Disclosure

A real estate broker listing property in Santa Fe shall provide prospective buyers with a current copy of this ordinance.

(o)

Host Platforms

(i)

A host platform shall require an owner or operator of a short-term rental unit to include a city-issued permit or registration number in all listings or advertisements for a short-term rental unit.

(ii)

Upon notice from the city that a permit or registration number on a short-term rental unit listing is invalid, the host platform shall deactivate that listing within five (5) business days.

(iii)

A host platform shall provide a monthly report to the city that includes the web address (URL) for each property listed on the host platform, together with the permit or registration number associated with that URL.

(6)

Existing Short-Term Rental Permits and Registrations

(a)

Short-term rental permits and registrations held at the time the ordinance amending subsection 14-6.2(A) SFCC 1987 (Ordinance No. 2020-35) is adopted remain valid and are not subject to the limitations on proximity set forth in subsection 14-6.2(A)(5)(c) or (d) or the limit of one permit per natural person set forth in subsection 14-6.2(A)(5)(c)(iii). The owner does not need to renew those permits or registrations until they expire. Upon expiration, and in subsequent years, the owner is eligible to timely renew the permits or registrations pursuant to subsection 14-6.2(A)(5)(i), subject to compliance with applicable requirements of subsection 14-6.2(A)(5) and payment of required fees.

(b)

A short-term rental unit that is validly permitted or registered at the time the ordinance amending subsection 14-6.2(A) SFCC 1987 (Ordinance No. 2020-35) is adopted and that either is located within a development containing resort facilities or is comprised of multiple, time-divided ownership interests may continue to operate as a short-term rental unit as provided in this subparagraph. Such units are not subject to the limitations on proximity set forth in subsection 14-6.2(A)(5)(c) or (d) or the limit of one (1) permit per natural person set forth in subsection 14-6.2(A)(5)(c)((iii). Upon expiration of the existing permit or registration and in subsequent years, the owner is eligible to timely file a renewal application and to obtain a short-term rental registration for the following year. Eligible units shall be issued a short-term rental registration, not a permit, regardless of whether the unit is located on residentially or non-residentially zoned property, subject to ongoing compliance with applicable requirements of subsection 14-6.2(A)(5) and payment of applicable fees.

(7)

Dwelling Units in Specified Commercial Districts (Ord. No. 2016-39 § 4)

In the C-2 and SC Districts, dwelling units do not include mobile homes or recreational vehicles and shall be either:

(a)

accessory dwelling units for occupancy only by owners, employees or tenants of nonresidential uses that are operated on the same premises;

(b)

part of a planned development; or

(c)

part of a use for which a development plan or special use permit is required; or

(d)

part of a qualifying residential project within the Midtown LINC Overlay District.

(8)

Effective Date

The provisions of Subsection 14-6.2(A)(5) of the Land Development Code shall go into effect immediately upon approval of the Governing Body. A ninety (90) day grace period shall be given for effected units to obtain a valid permit. Short-term rental unit owners who possess a valid short-term rental permit at the time this ordinance (Ordinance 2016-20) is adopted shall be considered to possess a valid permit under the new regulations and shall not need to renew their permit until the following year. Short-term rental unit owners who possess a valid short-term permit for a contiguous property issued prior to this ordinance (Ordinance 2016-20) being adopted shall be deemed as a "residential" permit holder upon the adoption of the ordinance and shall renew their permit as a "residential" permit in following years.

(B)

Public, Institutional and Civic Uses

(1)

Cemeteries, Mausoleums and Columbariums

The total lot area shall not be less than ten acres.

(2)

Residential Colleges and Universities

The total lot area shall not be less than ten acres. Minimum street frontage shall not be less than three hundred (300) feet.

(3)

Hospitals

(a)

Business and Industrial Park District

Hospitals in the BIP District shall not be located less than fifty (50) feet from the boundary of a residential use or residential zoning district.

(b)

Las Soleras Hospital Zone District

(i)

A hospital and a heliport serving a hospital requires a development plan as set forth in Section 14-3.8.

(ii)

Prior to the submittal for development plan approval for each phase of development within the Las Soleras HZ district, the applicant shall conduct and submit a market analysis and fiscal impact analysis that analyzes in detail the need for the proposed hospital. The market analysis shall address demand, projected service capacity and build-out; identify primary and secondary market area; estimate projected revenue and expense; and identify the scale and extent of local competition. The fiscal impact analysis shall contain an estimate of net local public costs, including capital outlay and operating expenses, and revenues attributable to the proposed project. Additionally, as a condition for and prior to the granting of development plan approval, any new hospital to be constructed shall participate in meetings at which the Santa Fe County health policy planning commission, Christus St. Vincent Hospital and interested local and regional health care providers have been invited to attend to address impacts of dual hospitals in the community.

(c)

Christus/St. Vincent Hospital Zone District

In the Christus/St. Vincent Hospital Zone District, hospitals require approval of a special use permit.

(4)

Human Services Establishments

Open space is required as provided in Section 14-7.5 for each lodging unit that contains kitchen facilities.

(5)

Sheltered Care Facilities

The requirements for sheltered care facilities are as follows:

(a)

the ratio of floor area to lot area shall not be greater than 0.4;

(b)

the required yard on all sides is twenty-five (25) feet; provided, however, if a solid masonry wall is built around the perimeter of the property, then the yard may be five (5) feet;

(c)

open space shall equal one hundred percent of the heated floor area. Open space does not include parking area, streets, driveways, heated space, garages, carports or accessorybuildings. Open space shall not measure less than fifteen (15) feet in any of its dimensions, shall be noted as open space on the plat and shall meet all other requirements for common open space as provided in Sections 14-7.5 (Open Space Standards) and 14-8.4(H) (Open Space Planting Standards);

(d)

no more than one sign, one square foot in area, hung flush to the fence or wall of the structure is allowed to advertise the existence of the structure;

(e)

complaints about operation shall be investigated by the land use director and, if a complaint is valid, the facility shall be given thirty days' written notice to remedy the complaint. If the operator fails to remedy the complaint within thirty days after written notice, the governing body, after providing notice to the operator and an opportunity of the operator to be heard, may revoke the license to operate the facility; and

(f)

all sheltered care facilities shall be licensed by the State.

(6)

Public or Private Utilities

(a)

The lot area; screening against light, fumes, noise or unsightliness; protection against unattractive nuisance characteristics; and protection against interference with radio and television reception shall be as required by the board of adjustment.

(b)

Telecommunication facilities are subject to Subsection 14-6.2(E).

(c)

Electric facilities are subject to Subsection 14-6.2(F).

(C)

Commercial Uses

(1)

Adult Entertainment Facilities

(a)

Purpose

In adopting this section, it is recognized that businesses that provide certain types of adult entertainment, wherever and by whomever provided, may provide services or goods that have certain characteristics that can have deleterious effects on the public health, safety or general welfare. It is further recognized that the location of adult entertainment, whether in commercial buildings or private homes, is of interest to the city since there may be exposure of such adult services or goods to minors. It is further recognized that many persons are offended by the display of certain sexual acts or materials, by the appearance of nude or partially nude persons exposing parts of the body that customarily would be covered in public and that include private body parts of either males or females and the female breast portion showing the areola; and that persons are providing adult entertainment services or material. Regulation of adult entertainment through the police power of the municipality is reasonable, necessary and appropriate for the benefit of the public welfare and to ensure that adverse effects do not contribute to the blighting or downgrading of neighborhoods, commercial districts or public facilities and do not adversely affect minors. It is not a deprivation of property to prohibit, limit or otherwise regulate adult entertainment as provided in this paragraph.

(b)

Location of Sexually Oriented Businesses
(Ord. No. 2013-16 § 30)

(i)

A sexually oriented business shall not be located or presented in a residential district, even temporarily; within one thousand (1,000) feet of a district zoned for residential uses or a district in which single-family dwellings or multiple-family dwellings are allowed as principal uses and structures; or within one thousand (1,000) feet of any parcel of real property on which is located any of the following facilities: 1) a school, academy, center or other entity that provides instruction primarily for and attended by minors; 2) a religious institution that conducts religious services, education classes or other gatherings for minors; 3) a public park, playground or public recreation facility; 4) eating and drinking establishments; 5) hotels, motels, rooming and boarding houses; 6) commercial recreational uses and structures such as theaters and bowling alleys; 7) private day-care nurseries and kindergartens; or 8) libraries.

(ii)

This subsection 14-6.2(C)(1) Adult Entertainment Facilities does not apply to sexually oriented businesses existing at the time of adoption of Ordinance No. 2000-8 on February 9, 2000. Such businesses shall be considered nonconforming uses and structures and shall be governed by Article 14-10 (Nonconformities).

(c)

Public Display of Certain Material Prohibited

Materials offered for sale from adult newsracks shall not be displayed or exhibited in a manner that exposes to public view any pictures or illustrations of adult human genitals or specified sexual activities in a manner that exposes the material to the view of persons outside the building in which the adult bookstore or adult motion picture theater is located.

(d)

Adult Newsracks, Book Stores and Motion Picture Theaters; Violations; Impoundment of Newsracks

(i)

The provisions of Article 14-10 pertaining to nonconforming uses are applicable to adult newsracks, adult bookstores and adult motion picture theaters and they are required to comply with the provisions of this section.

(ii)

An adult newsrack that violates this section may be impounded by a city police officer or the land use director after: 1) a notice of violation has been affixed to the adult newsrack stating the provision of this section that has been violated and stating that the adult newsrack will be impounded if the violation is not abated within three days; 2) the violation is not abated within three days of the posting of the notice of violation; 3) the police department presents to the municipal court affidavits or other evidence sufficient to show a prima facie violation of this section; and 4) the municipal court issues a written order for the impoundment of the adult newsrack pursuant to this section.

(iii)

When an adult newsrack is impounded, a complaint for violation of this section shall be filed within fourteen days of the impounding; if such action is not commenced within fourteen days or if a final appealable decision in such action is rendered more than sixty days from the filing of the action, the adult newsrack, together with its contents and all money, if any, shall be released to the person who provides sufficient proof of ownership of the adult newsrack, without requiring the payment of an impound fees. No adult newsrack shall be released because a final appealable decision was not rendered within sixty days of the filing of the action if the claimant of the adult newsrack is responsible for extending the judicial determination beyond the allowable time limit.

(iv)

The person who provides sufficient proof of ownership of the adult newsrack may have the adult newsrack, together with its contents and all money, if any, returned upon paying an impound fee of twenty-five dollars ($25.00) or upon order of the municipal court, if any, that authorized the seizure of the adult newsrack, or pursuant to the terms of item (iii) of this section. Should there be a dismissal of the action charging a violation of this section or an acquittal of the charges, the court ordering the dismissal or entering the acquittal may provide for the release of the adult newsrack and its contents impounded or the return of an impound fee paid for the release of the adult newsrack impounded pursuant to such charges.

(v)

All adult bookstores and adult motion picture theaters as defined in Chapter 14 that were lawful before the effective date of Ordinance 2002-37 and that violate any provision of this section shall have ninety days from the effective date of Ordinance 2002-37 within which to terminate the violation. If the violation is not terminated within ninety days, the adult bookstore or adult motion picture theater shall be subject to the penalties set forth in Subsection 14-6.2(C)(1)(e) and, in addition, the city attorney may apply to the district court for an injunction to prohibit the offending adult bookstore or adult motion picture theater from operating its business until the violation is terminated.

(e)

Penalty

Notwithstanding any other provision of this section, a person who violates this section may be punished as follows:

(i)

by imprisonment in the county jail not to exceed ninety days;

(ii)

by forfeiture of the adult newsrack impounded pursuant to Subsection 14-6.2(C)(1)(d), providing a reasonable value of the adult newsrack does not exceed three hundred dollars ($300);

(iii)

a fine not to exceed three hundred dollars ($300); or

(iv)

a combination of imprisonment, forfeiture and fine; provided that in no event shall a fine imposed, when added to the reasonable value of the impounded adult newsrack that is forfeited, exceed the sum of three hundred dollars ($300).

(f)

Licensing of Sexually Oriented Businesses

(i)

Except as provided in item (iv) below, after the effective date of this section, no sexually oriented business shall be operated or maintained in Santa Fe without first obtaining a license to operate issued by the city.

(ii)

A license may be issued for only one sexually oriented business located at a fixed and certain place. A person who desires to operate more than one sexually oriented business must have a license for each business.

(iii)

A license or interest in a license is not transferable to any other person.

(iv)

All sexually oriented businesses existing and properly registered with the city at the time of the passage of this section must submit an application for a license within ninety days of the passage of this section. If an application is not received within the ninety-day period, the existing sexually oriented business shall forfeit registration and cease operations.

(v)

A person desiring to secure a license shall make application to the city's accounts receivable office. The application shall be filed in triplicate with and dated by the accounts receivable office. A copy of the application shall be distributed promptly to the Santa Fe police department and to the applicant.

(vi)

The application shall be on a form provided by the accounts receivable office. An applicant, which includes all partners or limited partners of a partnership applicant; all officers or directors of a corporate applicant; and all stockholders holding more than five percent of the stock of a corporate applicant; or any other person who is interested directly in the ownership or operation of the business, shall furnish the information requested on the accounts receivable office form, which shall include the following information under oath: 1) name and address, including all aliases; 2) written proof that the individual is at least eighteen years of age; 3) whether the applicant previously operated in this or any other county, city or state under a sexually oriented business license or similar business license; 4) whether the applicant has ever had sexually oriented business license suspended or revoked and the reason for such suspension or revocation and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation; 5) all convictions of criminal statutes, whether federal or state or city ordinance violations, forfeiture of bond and pleadings of nolo contendere on any charges except minor traffic violations; 6) the address of the sexually oriented business to be operated by the applicant and a full description of the nature of the business; and 7) if the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than five percent of the stock in the corporation and all officers and directors of the corporation.

(vii)

Within twenty-one days of receiving an application for a license, the accounts receivable office shall notify the applicant whether the license is granted or application denied.

(viii)

If application is denied, the accounts receivable office shall advise the applicant in writing of the reasons for the denial. If the applicant requests a hearing within thirty days of receipt of notification of denial, a public hearing shall be held in accordance with Subsection 14-6.2(C).

(ix)

Failure or refusal of the applicant to give requested information or the giving by the applicant of false or misleading information relevant to the application constitutes an admission by the applicant that he or she is ineligible for a license and is grounds for denial of a license.

(g)

Standards for Issuance of License

To receive a license to operate a sexually oriented business, an applicant must meet the following standards:

(i)

If the applicant is an individual: 1) must be at least eighteen years of age; 2) shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; 3) the applicant shall not have been found to have previously violated this section within five years immediately preceding the date of the application and the municipal court shall provide disposition of all ordinance violations at the request of the accounts payable office.

(ii)

If the applicant is a corporation: 1) all officers, directors and stockholders required to be named under Subsection (C)(1)(f)(vii) shall be at least eighteen years of age; 2) no officer, director or stockholder required to be named under that subitem shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and 3) no officer, director or stockholder required to be named under that subitem shall have been found to have previously violated this section within five years immediately preceding the date of this application.

(iii)

If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest: 1) all persons having a financial interest in the partnership, joint venture or other type of organization shall be at least eighteen years of age; 2) no persons having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application; and 3) no person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have previously violated any provision of this section within five years immediately preceding the date of this application.

(h)

Display of License

The license shall be displayed in a conspicuous public place in the sexually oriented business.

(i)

Renewal of License

(i)

Every license issued pursuant to this paragraph terminates at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. An operator desiring to renew a license shall make application to the accounts receivable office. The application for renewal must be filed not later than sixty days before the license expires. The application for renewal shall be filed in triplicate with and dated by the accounts receivable office. A copy of the application for renewal shall be distributed promptly to the Santa Fe police department and to the operator. The application for renewal shall be upon a form provided by the accounts receivable office and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.

(ii)

A renewal fee shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty shall be assessed against the applicant who files for a renewal less than sixty days before the license expires. If the application is denied, one-half of the renewal fee shall be returned.

(iii)

If the Santa Fe police department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the accounts receivable office.

(j)

Revocation of License

(i)

The governing body shall revoke a license for any of the following reasons: 1) discovery that false or misleading information or data was given on any application or material facts were omitted from an application; 2) the operator or any employee of the operator, violated any provision of this section or any regulation adopted by the governing body pursuant to this section; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty days if the governing body finds that the operator had no actual or constructive knowledge of the violation and could not by the exercise of due diligence have had actual or constructive knowledge; 3) the operator becomes ineligible to obtain a license; 4) any cost or fee required to be paid by this section is not paid; and 5) any intoxicating liquor or cereal malt beverage is illegally served or consumed on the premises of the sexually oriented business.

(ii)

The governing body, before revoking or suspending a license, shall give the operator at least ten days written notice of the charges and the opportunity for a public hearing before the governing body, as provided in this Subsection (C)(1)(j)(ii).

(iii)

The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

(iv)

An operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as a sexually oriented business for six months from the date of revocation of the license.

(k)

Physical Layout of Sexually Oriented Businesses

A sexually oriented business that has available for customers, patrons or members a booth, room or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

(i)

Access

Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the sexually oriented establishment and shall be unobstructed by a door, lock or other control-type devices.

(ii)

Construction

Every booth, room or cubicle shall meet the following construction requirements: 1) each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall; 2) have at least one side totally open to the public lighted aisle so that there is an unobstructed view at all times of any occupants; 3) all walls shall be solid and without any openings, extended from the floor to the height of not less than six (6) feet and be light colored, nonabsorbent, smooth textured and easily cleaned; 4) the floor must be light colored, nonabsorbent, smooth textured and easily cleaned; 5) the lighting level of each booth, room or cubicle, when not in use shall be a minimum of ten foot candles at all times, as measured at the floor.

(iii)

Occupants

Only one person shall occupy a booth, room or cubicle at any time. An occupant shall not engage in any type of sexual activity or cause any bodily discharge or litter while in the booth. A person shall not damage or deface any portion of the booth.

(l)

Responsibilities of the Operator

(i)

The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, birth date, sex, telephone numbers, social security number, date of employment and termination and duties of each employee. The information on each employee shall be maintained in the register on the premises for a period of three years following termination.

(ii)

The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Santa Fe police department at all reasonable times.

(iii)

Every act or omission by an employee constituting a violation of the provisions of this paragraph shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct. The operator shall be punishable for an employee's act or omission in the same manner as if the operator committed the act or caused the omission.

(iv)

Any act or omission of an employee constituting a violation of the provisions of this paragraph shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

(v)

An employee of a sexually oriented business shall not allow any minor to loiter around or to frequent the sexually oriented business or to allow any minor to view the sexually oriented activities, performances, materials or other related matter or act as defined in the Santa Fe City Code.

(vi)

The operator shall maintain the premises in a clean and sanitary manner at all times.

(vii)

The operator shall maintain at least ten foot candles of light in the public portions of the establishment, including aisles, at all times.

(viii)

The operator shall ensure compliance of the establishment and its patrons with the provisions of this paragraph.

(m)

Administrative Procedure

A person aggrieved by a final action of a city official, officer or department may file an appeal contesting the final action of the city relating to denial, renewal, nonrenewal, revocation, or suspension of a license for a sexually oriented business pursuant to Section 14-3.17.

(n)

Exclusions

All accredited and duly licensed private schools and public schools in Santa Fe are exempt from obtaining a license pursuant to this paragraph when instructing pupils in sex education as part of their curriculum.

(o)

Enforcement

The planning and land use department may enter any sexually oriented business at all reasonable times to inspect the premises and enforce this paragraph. If during the inspection circumstances indicate a violation of an ordinance or other law, the code enforcement officers shall report their findings to the Santa Fe police department for further investigation or other response as indicated. (Ord. #2020-22, § 16)

(2)

Apothecary Shops or Pharmacies

The business shall be confined principally to the compounding and dispensing at retail of drugs and medicines and the sale of medical and dental supplies and devices.

(3)

Flea Markets

(a) Such uses shall:

(i)

meet the requirements of Sections 14-8.4 (Landscape and Site Design), 14-8.6 (Off-Street Parking and Loading) and 14-8.10 (Signs). For the purposes of implementing sign regulations of Section 14-8.10, a flea market constitutes one business establishment;

(ii)

meet the requirements of the garbage, litter and weed ordinances;

(iii)

not operate as a campground;

(iv)

not be located on open space or landscaping areas required by Chapter 14 for another building or use;

(v)

be located on parking areas only so long as enough area remains to meet all parking required by Chapter 14 for both the flea market and the other building or use. This cumulative parking requirement may be reduced pursuant to Section 14-8.6(B)(4); however, if a development plan is required, the reduction may be approved by the planning commission concurrently with the development plan; and

(vi)

be required to obtain a certificate of occupancy whether or not a construction permit is required.

(b)

For flea markets with fifteen or more vendors, development plans showing parking, vendor area and landscaping shall be approved by the planning commission as set forth in Section 14-3.8. For flea markets with fewer than fifteen vendors, a site plan showing parking, vendor area and landscaping shall be approved by the land use director. Fewer than five individual vendors located on a property does not constitute a flea market.

(c)

Complaints about flea market operation shall be reviewed by the land use director and, if valid, the facility shall be given one to five days written notice to remedy the complaint. If the operator fails to remedy the complaint within the time provided in the written notice, the governing body may set a public hearing to consider revocation of the operator's license. The operator shall be given notice of the public hearing and an opportunity to be heard.

(d)

These provisions do not apply to markets located on cityproperty that are subject to an alternate approval process.

(4)

Neighborhood Grocery Stores and Laundromats

(a)

a solid masonry wall not less than six (6) feet in height shall be erected along side and rear lot lines of neighborhood grocery stores and laundromats with adjoining residentiallots;

(b)

no more than one wall sign of not more than twenty percent of the front wall area, excluding doors and windows, is allowed; and

(c)

the maximum floor area ratio is 3.0:1. The maximum floor area is three thousand (3,000) square feet; and
(Ord. No. 2012-11 § 14)

(5)

Private Clubs and Lodges

(a)

This use type does not include uses the chief activity of which is a service customarily carried on as a business.

(b)

In all residential districts except R-10, R-12, R-21, R-29 and RAC, the following additional standards apply:

(i)

the facility shall not have a lot area of less than two acres; and

(ii)

a structure in connection with the facility shall not be closer than twenty-five (25) feet to any lot line.

(6)

Personal Care Facilities for the Elderly

All state and federal laws and regulations governing the facility shall be complied with prior to issuance of a certificate of occupancy.

(7)

Vacation Time Share Projects

The provision of operating or management services to single or multiple owners of vacation time share projects is a commercial use whether or not the management services are provided on the same site as the timeshare units, and operators and managers are required to obtain a business registration from the city.

(8)

Veterinary Establishments

Except in an RR district, the following shall apply:

(a)

the facilities provide treatment for animals of a nonagricultural, domestic household nature only, including dogs, cats, caged birds and other animals typically capable of being housed within a familydwelling unit;

(b)

the facilities contain no external kennels or areas of boarding, training, breeding or exercising of animals;

(c)

overnight boarding of animals for medical purposes is only accommodated by soundproof rooms contained within the facility;

(d)

continuous or repetitious noise or odors discernible at the lot line are cause for investigation by the land use director, potentially leading to revocation of the occupancy permit; and

(e)

any treatment facility for large or typically farm animals, including horses, cows, sheep, chickens and pigs, are excluded from the list of permitted uses.

(D)

Industrial Uses

(1)

Salvage Yards

Salvage yards are subject to the following limitations:

(a)

front yards and yards adjoining residential districts shall have a minimum depth of fifty (50) feet. The yards may be used for customer parking or for landscaping and shall not be used for storage or display;

(b)

they shall be enclosed by solid walls or solid fences at least six (6) feet in height, with access only through solid gates that are kept closed when not in use;

(c)

objects shall not be stacked or stored higher than the minimum height of the enclosing wall or fence required in Subsection 14-6.2(D)(1)(b), except within a completely enclosed building; and

(d)

all uses shall conform to performance standards as set forth in Section 10-4 SFCC 1987.

(2)

Individual Storage Areas Within a Completely Enclosed Building

Storage units that are not directly accessible from outside a building are subject to the following limitations:

(a)

the plan for operation of the storage area is compatible with other permitted uses existing in the vicinity;

(b)

the storage area shall not unreasonably interfere with permitted uses because of glare, traffic congestion or any similar nuisance;

(c)

an individual storage unit shall not exceed two hundred square feet;

(d)

outdoor storage is prohibited on the site if located within a C-2 district or the BCD;

(3)

Mini Storage Units

Storage units that are directly accessible from outside a building are subject to the following limitation:

(a)

a wall or fencing plan shall be submitted for staff review and approval prior to issuance of a construction permit. Walls or fencesshall provide a visual buffer or screen and be constructed of opaque materials;

(b)

a landscape plan meeting all the requirements of Section 14-8.4 shall be submitted to the land use director for approval prior to issuance of a construction permit;

(c)

the architecture shall be compatible with the zoning district as approved by the land use director. One dwelling unit, excluding manufactured homes, is allowed as part of the storage unit development and it must be architecturally compatible with the storage units. No portion of the storage units or the dwelling unit shall exceed one story in height;

(d)

lighting shall be of a nature that is not intrusive to surrounding residential uses;

(e)

mini-storage units approved after July 25, 2007 shall comply with the following:

(i)

a building shall not be located fewer than one hundred (100) feet from a residentially zoned property unless the required landscaping buffer adjacent to the residentially zoned property is twice the otherwise required width; and

(ii)

an eight (8) foot masonry wall, either stuccoed on the outside or made of decorative block, is required along any property line abutting a residentially zoned property;

(4)

Research, Experimental and Testing Laboratories

These uses shall comply with the performance standards of Section 10-4 SFCC 1987 and shall not produce any offensive noise, vibration, smoke, dust, odors, heat, gas, glare or electrical interference or otherwise create a risk to health, safety or property of residents or occupants of adjacent or neighboring residentialproperties.

(E)

Telecommunication Facilities

(1)

Purpose

The purposes of this section are to:

(a)

comply with applicable state and federal laws and regulations regarding the provision of telecommunications services;

(b)

consistent with the federal Telecommunications Act of 1996, establish regulations that do not discriminate among telecommunications providers;

(c)

promote regulatory certainty;

(d)

minimize adverse land use impacts of towers and antennas by:

(i)

encouraging the location of towers in nonresidential districts in order to preserve the character of Santa Fe neighborhoods;

(ii)

requiring co-location of antennas, minimizing new tower sites, and encouraging the use of minimally visually intrusive technology to the maximum extent technically feasible; and

(iii)

requiring careful design, siting, landscapescreening and innovative camouflaging techniques, including tower alternatives, consistent with applicable state and federal requirements, including FAA requirements; and

(e)

enhance the ability of telecommunications providers to provide telecommunication services to the community quickly, effectively and efficiently.

(2)

Applicability

(a)

This section applies to all towers and antennas located within the city's jurisdiction, whether upon private or public lands, except as provided in Subsection 14-6.2(E)(2)(b).

(b)

except as otherwise noted, this subsection shall not apply to the following:

(i)

towers and antennas located within the city'spublic rights of way for which a franchise agreement is required pursuant to Article 27-2 SFCC 1987;

(ii)

towers and antennas located on state or federal land, except to the extent the city has jurisdiction over the same by law or by contract;

(iii)

towers under seventy (70) feet in height used for receive-only antennas that are owned and operated by a federally licensed amateur radio station operator or otherwise used exclusively for receive-only antennas;

(iv)

towers or antennas existing prior to March 25, 1998 or for which a construction permit had been issued prior to March 25, 1998, but only to the extent of permits issued prior to June 11, 2011;

(v)

towers or antennas constructed or installed on city-owned property pursuant to a lease with the city approved by the governing body prior to June 11, 2011, but only to the extent of permits issued prior to June 11, 2011;

(vi)

towers and antennas used exclusively for emergency services, including police and fire, and operation of the city water utility;

(vii)

antennas and other over-the-air receiving devices for the reception of video images that do not exceed one meter in diagonal length or diameter or are designed to receive television broadcast signals only; provided that any such antenna located in a historic district or on residentially zoned property shall, to the maximum extent technically feasible without requiring new or additional construction, be screened from the view of adjacent properties and public rights of way unless the screening would create a greater visual impact than the unscreened antenna. Screening may include existing parapets, walls or similar architectural elements if they are painted and texturized to integrate with the architecture of the building or other structure or landscaping;

(viii)

maintenance, repair and replacement of existing telecommunications facilities to the extent that there is no significant adverse visual impact and maintenance or improvements to existing infrastructure such as painting over graffiti on walls or renewing landscaping; or

(ix)

the modification of existing telecommunications facilities to the extent that there is no significant adverse visual impact.

(c)

Notwithstanding the applicability of this section, all telecommunications facilities are subject to the requirements of Chapter 7 SFCC 1987.

(3)

Administrative Approval
(Ord. No. 2014-31 § 12)

Administrative approval as set forth in this paragraph is separate from and required prior to the submittal of a required construction permitapplication.

(a)

The following shall require submittal of an application for administrative review and approval:

(i)

the addition of an antenna to an existing tower or structure;

(ii)

relocation of an existing tower to within fifty (50) feet of the original tower site for the purpose of accommodating the co-location of one or more additional antennas;

(iii)

new towers or antennas in C-2, I-1 and I-2 districts;

(iv)

face-mounted and roof mounted antennas that are painted and texturized to match the building or structure to which they are attached and that do not have significant adverse visual impact; and

(v)

tower alternatives outside residentially zoned districts.

(b)

Applications for administrative approval shall comply with the submittal requirements of Subsection 14-6.2(E)(6).

(c)

Administrative approval shall not be granted for new antennas in the historic, escarpment or south central highway corridor overlay districts, except for the co-location of new antennas, which shall require administrative review and approval pursuant to Subsection 14-6.2(E)(3)(a)(i).

(d)

Within forty-five days of receiving a complete application for administrative approval, the land use director shall review and approve the application if it complies with the requirements of this section. Denial of an application for administrative approval shall be in writing and shall set forth the reasons for the denial. Denial of an application constitutes a final action and is subject to appeal pursuant to Section 14-3.17.

(4)

Planning commission and Historic Design Districts Board Review Required

(a)

A tower or antenna that is not otherwise permitted or administratively approved shall be reviewed and approved by the planning commissionfor compliance with this section and all applicable city codes. In approving an application, the planning commission shall determine that:

(i)

the application complies with this section;

(ii)

the proposed telecommunications facilities are necessary to close a demonstrated significant gap in service coverage of the applicant based on actual signal strength data for the area where the gap is claimed and for the type of gap claimed;

(iii)

the applicant has demonstrated that no other less intrusive means or alternative to the proposed telecommunications facilities siting and design is practicable;

(b)

A tower or antenna that is located in a historic district and is not otherwise permitted or administratively approved shall be reviewed and approved by the historic districts review board in accordance with applicable requirements of Section 14-5.2 (Historic Districts) and in accordance with this Subsection 14-6.2(E) as follows. In approving an application, the historic districts review board shall determine that:

(i)

the application complies with applicable requirements of Section 14-5.2 and this section; and

(ii)

the applicant has demonstrated that no other less intrusive means or alternative to the proposed telecommunications facilities siting is practicable.

(c)

The planning commission or the historic districts review board may not regulate the placement of telecommunications facilities on the basis of the environmental effects of radio frequency emissions where such telecommunications facilities comply with 47 C.F.R. 1.1310 et seq.

(d)

The planning commissionor the historic districts review board may place conditions upon its approval of an application, but the conditions shall not prohibit or have the effect of prohibiting the provision of telecommunication services.

(e)

A denial of an application or an approval of an application with conditions not approved by the applicant shall:

(i)

be in writing;

(ii)

cite to the administrative record; and

(iii)

shall not become final until the writing is approved by the planning commission or historic districts review board, as applicable, at its next regularly scheduled meeting.

(f)

The planning commission and historic districts review board shall each review applications submitted under this section as soon as reasonably practicable without regard to the other's schedule or decision.

(5)

General Requirements

All towers and antennas, whether administratively approved or requiring planning commission or historic districts review board approval, shall comply with all applicable city codes and with the following:

(a)

Zoning Districts; Location

Telecommunications facilities are permitted in all zoning districts in accordance with the requirements of this section. However, to the maximum extent technically feasible, telecommunications facilities shall be sited:

(i)

on existing structures;

(ii)

in nonresidential districts; and

(iii)

in C-2, I-1 and I-2 districts.

(b)

Maximum Height

Telecommunications facilities located on existing structures shall not exceed the height of the structure upon which the facility is located unless otherwise allowedunder this section. Telecommunications facilities located on new structures shall not exceed the maximum height for buildings otherwise allowed as set forth in Chapter 14 with the exception that in C-2, I-1 and I-2 districts the height limit of telecommunications facilities shall be one hundred feet.

(c)

Aesthetic Requirements

Subject to applicable federal standards and design and safety codes, the following criteria must be met:

(i)

telecommunications facilities shall be installed underground to the maximum extent technically feasible;

(ii)

if above ground, the telecommunications facilities shall be designed, installed and maintained in such a manner as to minimize the visual impact upon adjacent lands, public rights of way and residentially zoned property. Acceptable methods to minimize visual impact include concealment, screening, camouflaging, color, materials, texture, shape, size and location;

(iii)

consideration shall be given to minimize disruption to or alteration of the natural land forms and landscape; and

(iv)

permanent lighting of telecommunications facilities shall not be allowed unless there is no alternative available to comply with federal law, in which case all proposed lighting shall be shown in the application. Permanent lighting shall not include equipment status indicator lights exceeding fifteen watts of power.

(d)

Archaeological Requirements

Compliance with Section 14-5.3 SFCC 1987 regarding the city's archaeological review districts is required.

(e)

Signs

Signs are not allowed unless required for safety reasons or otherwise in compliance with federal, state or local law, or unless permitted by the city.

(f)

Telecommunications facilities Maintenance

All telecommunications facilities shall be maintained so as to be safe, orderly, attractive and in conformity with all applicable federal, state and city laws, ordinances, regulations and codes. Weeds, trash and graffiti shall be promptly removed. All lockable telecommunications facilities shall be kept locked when not being actively serviced. All non-lockable telecommunications facilities shall be kept closed when not being actively serviced. All telecommunications facilities shall be kept free of graffiti.

(g)

Noise

All telecommunications facilities shall be designed, constructed and installed in such a manner as to minimize noise to the maximum extent feasible, but in no event shall noise exceed the standards set forth in Article 10-2 SFCC 1987.

(h)

Restoration of Improvements

Promptly upon completion of a tower or antenna construction, all public and private property improvements, landscaping, fixtures, structures and facilities damaged in the course of construction shall be restored to a condition not less than its condition before commencement of construction or as otherwise agreed to by the applicant.

(i)

Airport

Telecommunications facilities within the Class D airspace surrounding the Santa Fe airport shall be constructed in conformity with all applicable FAA regulations. A copy of any submittals required to be made to the FAA shall be provided to the city's airport manager at the time the submittal is made to the FAA.

(j)

Co-location Requirement

A tower or tower alternative shall not be approved unless the applicant and the telecommunications owner agree to allow on a nondiscriminatory basis, to the maximum extent technically feasible, the co-location of other antennas on commercially reasonable terms on the approved tower or tower alternative.

(k)

Tower Setbacks and Separation Distances Between Towers

All towers shall be set back a distance equal to at least one hundred percent of the height of the tower from any adjoining lot line, measured from the base of the tower. A tower shall not be sited closer than one thousand (1,000) linear feet to another tower, measured from the base of the towers, unless co-location on the existing tower is not technically feasible or would have a significant adverse visual impact. (Ord. No. 2014-31 § 13)

(l)

Certification

On or before one year after the date of any final action approving an application and annually thereafter, the applicant shall provide to the land use director the certification of qualified independent parties that based on an inspection of the approved telecommunications facilities their structural integrity remains intact and they remain in compliance with the radio frequency exposure limits set out in 47 C.F.R. 1.310 Table 1(A) and (B).

(6)

Application Submittal Requirements

(a)

All applications shall be in writing in a form prescribed and as necessary updated by the land use director. If an application is determined to be incomplete, the land use director shall provide written notice to the applicant no later than fifteen business days after the submittal date of missing and incomplete items. Applicants submitting for planning commission approval pursuant to Article 27-2 SFCC 1987 (Telecommunication Services) may, but need not, include telecommunications facilities located outside the public rights of way in that submittal.

(b)

All applications for telecommunications facilities shall include the following:

(i)

an application letter describing the proposed telecommunications facilities and signed by an authorized representative of the applicant with knowledge of its contents and attesting to its truth and completeness;

(ii)

a scaled site plan clearly indicating the location, type and height of the telecommunications facilities; on-site land uses and zoning; adjacent land uses and zoning, including when adjacent to other jurisdictions; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed telecommunications facilities and any other structures, equipment cabinets, topography and parking; and other information deemed by the land use director to be necessary to assess compliance with this section;

(iii)

the setback distance between the proposed telecommunications facilities and an adjacent residentially zoned property or BCD zoned property;

(iv)

a map and corresponding inventory of telecommunications facilities owned or operated by the applicant within the city's jurisdiction and within three miles of the city's jurisdiction, including the location, height and design type of each antenna and tower as follows: 1) proposed telecommunications facilities for which an approval is being sought; 2) existing telecommunications facilities; 3) approved but not yet constructed telecommunications facilities; and 4) additional telecommunications facilities proposed in the twelve months immediately following the application submittal date.

(v)

a radio frequency (RF) coverage map showing the level of existing RF coverage and RF coverage after construction of the proposed telecommunications facilities;

(vi)

a search ring map illustrating the area within which the applicant explored for potential telecommunications facilities sites;

(vii)

an analysis assessing the feasibility of alternative sites to the one proposed, including the potential for co-location, in the vicinity of the proposed site, including an explanation of why other sites were not selected for siting;

(viii)

an analysis assessing the feasibility of alternative antenna configurations, both at the proposed site and in the surrounding vicinity, that might result in less visual impact, including an explanation of why other antenna configurations were not selected;

(ix)

technical information supporting the proposed height of the proposed antenna mount;

(x)

written and notarized certifications by the applicant as follows: 1) that co-location, to the maximum extent technically feasible and upon commercially reasonable terms, will be allowed on a non-discriminatory basis if the application is approved, or an explanation of why co-location is not technically feasible; 2) to the extent that the proposed telecommunications facilities are located in the historic, escarpment or south central highway corridor overlay districts or do not comply with the priorities set forth in Subsection 14-6.2(E)(5)(a), that the applicant has investigated alternative siting and that no other practicable alternative exists; 3) that the proposed telecommunications facilities comply with all applicable federal, state and local requirements, including without limitation radio frequency radiation exposure limits set out in 47 C.F.R. 1.310 Table 1(A) and (B), building codes and all other safety standards; national historic preservation act requirements for the siting of facilities that are listed or are eligible for listing in the national register of historic places; and all franchises, leases and other contracts, if any, for the use of real property required by any regulatory body with jurisdiction, for the construction or operation of telecommunications facilities in the city have been obtained; 4) that the proposed telecommunications facilities are necessary to close a defined and significant gap in service coverage based on actual signal strength data for the area where the gap is claimed and for the type of gap claimed and that the proposed facilities are the least intrusive method to do so; 5) that the applicant will remove the proposed telecommunications facilities if required to pursuant to Subsection 14-6.2(E)(11) and that if the applicant fails to do so, the city may remove the facilities at the applicant's expense and that expense, if unpaid upon demand, shall constitute a lien upon the property where such facilities are located. In the event that the applicant is not the owner of the facilities and property, the applicant shall provide certification to this effect by the owner of the facilities and the property; and 6) that the proposed telecommunications facility will be completed and will be used to provide telecommunication services within one hundred eighty days of the date the application is finally approved, or, if a construction permit is required, the date the construction permit is issued;

(xi)

a traffic control plan if required by Section 23-2.17 SFCC 1987;

(xii)

construction drawings sealed by a professional engineer;

(xiii)

written acknowledgment by the applicant that the application and related submittals constitute a public record under the New Mexico Inspection of Public Records Act and are required to be made available to members of the public for inspection upon request in accordance with city practice; and

(xiv)

such other information as may reasonably be required by the land use director.

(7)

Fees

Applications shall be accompanied by a nonrefundable fee as established by resolution of the governing body.

(8)

Waivers

(a)

The planning commission may grant a waiver of the standards set forth in this section or otherwise within its jurisdiction only if the planning commission finds that the waiver:

(i)

is in the best interest of the community as a whole;

(ii)

will expedite the approval of an antenna or tower;

(iii)

will not jeopardize the public health, safety and welfare, to the extent the city has jurisdiction;

(iv)

will either mitigate the adverse visual impacts of antenna and tower proliferation or limit the need for construction of new towers or antennas;

(v)

will better serve the purposes set forth in Subsection 14-6.2(E)(1); and

(vi)

if the proposed site is located in the escarpment or south central highway corridor overlay districts, that the applicant has demonstrated to the satisfaction of the planning commission that it has explored all alternatives to the proposed site and to the proposed design and that location outside those districts is not practicable.

(b)

Factors to be considered in granting a waiver include:

(i)

the design of the proposed telecommunications facilities, with particular reference to design elements that reduce or eliminate adverse visual impact including lighting;

(ii)

the nature of uses on adjacent and nearby properties, including proximity to residentially zoned property, the BCD and historic, escarpment and south central highway corridor overlay districts;

(iii)

the surrounding topography;

(iv)

the surrounding vegetation;

(v)

the availability of existing towers or other structures for co-location or of alternative antenna configurations with less visual impact;

(vi)

the proposed ingress and egress; and

(vii)

improved telecommunication services to Santa Fe residents and institutions.

(c)

The historic districts review board may grant a waiver of the standards set forth in this subsection or otherwise within its jurisdiction only if the board finds that:

(i)

the applicant has demonstrated to the satisfaction of the board that it has explored all alternatives to the proposed site in the historic district and to the proposed design; and

(ii)

the conditions of Sections 14-5.2(C)(5)(c)(i) through (iii), (v) and (vi) have been met.

(9)

Appeals

Appeals shall be made in accordance with Section 14-3.17 SFCC 1987.

(10)

Notice

(a)

Administrative Approvals

Applications for administrative approvals shall comply with the following notice requirements:

(i)

within twenty-four hours of submitting an application to the land use director, the applicant shall provide notification by certificate of mailing, proof of which is submitted to the land use director to be included with the application, to all propertyowners and addresses within two hundred (200) feet of the proposed site, exclusive of right of way, and, if the proposed site lies within the boundaries of a neighborhood association that has been listed with the land use director, to such neighborhood association;

(ii)

within twenty-four hours of submitting an application to the land use director, the applicant shall post at the proposed tower or antenna site a public notice poster provided for that purpose by the land use director. The notice shall be prominently displayed, visible from a public street. The applicant shall use its best efforts to ensure that the poster remains in place until the appeal period as set forth in Section 14-3.17 has expired;

(iii)

the notification and poster shall describe generally the telecommunications facilities proposed for the site and identify the applicant, the nature of the application, the proposed tower or antenna site and the contact phone number of the land use director.

(b)

Early Neighborhood Notification

Applications for review by the planning commission shall comply with the early neighborhood notification procedures set forth in Section 14-3.1(F)

(c)

Public Hearings

Notice of public hearings shall comply with Section 14-3.1(H).

(11)

Removal of Abandoned Towers and Antennas

(a)

This paragraph applies to all towers and antennas regardless of the date of construction.

(b)

An antenna or tower that is not used for the provision of telecommunication services for a continuous period of six months shall be deemed to be abandoned and the owner of the antenna or tower shall remove it within ninety days of receipt of notice from the city notifying the owner of the telecommunications facilities and the owner of the property upon which the telecommunications facilities are located.

(c)

Failure to remove an abandoned tower or antenna within the ninety days shall be grounds for the city to remove it at the expense of both the owner of the telecommunications facilities and the owner of the property upon which the telecommunications facilities are located. The city may file a lien on the property where the telecommunications facilities are located for the expenses incurred by the city, including the costs associated with filing the lien.

(12)

Enforcement

The land use director has the authority to interpret this section in accordance with its purposes and shall administer and enforce its provisions.

(F)

Electric Facilities

(1)

Purpose

The purposes of this section are to:

(a)

identify and, to the extent reasonable and practicable, reduce negative impacts on Santa Fe residents due to new and expanded electric facilities;

(b)

ensure that electric service providers can continue to provide safe and reliable electric service that meets both the current and future needs of Santa Fe;

(c)

promote planning and regulatory certainty;

(d)

ensure the highest degree of coordination between the city, its residents and electric service providers to achieve the objectives of both the providers and the public;

(e)

encourage thoughtful design of electric facilities through careful siting, landscaping and architectural enhancements consistent with local, state and federal requirements and recognize the need for an electric service provider to operate and maintain the electrical system safely;

(f)

support the joint use of electric facilities and distribution facilities; and

(g)

ensure compliance with Section 3-19-11 NMSA 1978 (Legal Status of Master Plan) and all other controlling regulatory requirements under state andfederal law and such other laws and regulations that may be applicable.

(2)

Electric Facilities Plan

The governing body shall adopt an electric facilities plan as an amendment to the general plan by passage of a resolution.

(3)

Annual Informational Meeting for Proposed Electric Projects

Notwithstanding any other process contemplated by this section, an electric service provider shall provide a list of proposed electric projects and request an annual meeting for an informational presentation with the land use director, the planning commission, the historic districts review board and the public works and utilities committee. The electric service provider, if requested, shall provide an informational briefing to the governing body. (Ord. #2019-32, § 4)

(4)

Applicability

(a)

This subsection applies to electric projects located within the city limits whether upon private or public lands; provided, however, that this subsection applies to electric projects on state and federal lands only to the extent of the city's jurisdiction or in accordance with any contractual understanding. Nothing in this section shall be deemed a waiver of the city's police power authority to seek redress against any person placing electric facilities in such a location or manner as to create a risk to public safety.

(b)

This subsection does not apply to the following:

(i)

the installation of distribution facilities consisting of three or fewer poles;

(ii)

electric facilities and distribution facilities in existence prior to October 29, 2008;

(iii)

emergency and temporary facilities or the emergency repair of electric facilities; and

(iv)

the installation of any distribution underground system.

(5)

No Application Required

The following shall not require submittal of an application for review under this subsection; however, compliance with Subsection 14-6.2(F)(9) is required:

(a)

station maintenance, including equipment replacement or upgrade inside existing walls to a higher capacity, and maintenance or improvements to existing infrastructure such as painting over graffiti on walls or renewing landscaping;

(b)

the modification or addition of equipment, control units or electric structures within a substation to the extent that there is no significant outside visual impact;

(c)

use of substation property for temporary storage for less than one year of materials to the extent there is no outside visual impact;

(d)

any line maintenance, including repair, modification or replacement of poles with poles of similar height and appearance, such poles to be not more than ten (10) feet taller than existing poles measured above ground height, and repair or replacement of components with a similar component such as guy wires and anchors, insulators and hardware on existing electric structures;

(e)

reconductoring or reframing on existing electric structures or lines to the extent not inconsistent with Subsection 14-6.2(F)(5)(f), below;

(f)

upgrade of line capacity that does not increase the total number of electric structures by ten percent added electric structures, or more than ten (10) added feet of height on any individual electric structure or any additional new conductor on the electric structures;

(g)

installation of equipment, such as switches or splice boxes, and communications cables and appurtenances on existing electric structures or lines;

(h)

erection and removal of temporary facilities;

(i)

relocation of electric structures within fifty (50) feet of current site to accommodate polereplacement for maintenance or to provide clearances for public improvements;

(j)

retirement, topping or removal of electric facilities;

(k)

developer- or city-initiated projects that have received planning commission or other city approval; and

(l)

temporary erection or removal of fencing or other improvements, for less than one year, so long as the fencing or other improvements comply with all other city requirements, regulations and permits;

(6)

Administrative Approval

(a)

The following requires submittal of an application for administrative review and approval by the land use director unless they are located in the escarpment overlay district or a highway corridor district, in which case they shall require approval by the planning commission:

(i)

station improvements, including relocation of nonelectric- related infrastructure outside the wall, such as driveways or sidewalks and expansion of station size by expanding walls or fences at existing sites; and

(ii)

relocation of electric structures within fifty (50) feet of the current site other than those to accommodate polereplacement for maintenance or to provide clearance for public improvements.

(b)

Administrative review and decision shall be made in a timely fashion, and, if not made within thirty days of the date a complete application was submitted, the electric service provider will be provided with written notification explaining why delay continues and expected time frame for decision.

(c)

The land use director shall review and approve applications if the proposed use complies with all relevant city ordinances and regulations; provided, however, the land use director may choose not to make a decision on an application and refer the application to the planning commission for review upon notice to the electric service provider.

(7)

Planning commission; Governing Body Approval

(a)

All electric projects not eligible under Subsections 14-6.2(F)(5) or (6), except transmission facilities, shall require submittal of an application for review and approval by the planning commission. Transmission facilities except those described in Subsections 14-6.2(F)(5) or (6) shall require submittal of an application for review and recommendation by the planning commission for approval by the governing body.

(b)

The planning commission shall consider the siting policies of the electric facility plan as it may be amended and grant approvals with such conditions as appropriate under Chapter 14 or deny approvals when electric projects are not harmonious with and adaptable to buildings, structures and uses of properties underlying or adjacent to the electric project and other properties in the vicinity of the electric project, and shall specify such requirements for ingress and egress to public streets, provisions for drainage and screening as the planning commission deems necessary for the electric project to achieve conformity with the purposes of this section and the general plan.

(c)

Pursuant to Section 3-19-11 NMSA 1978, if the planning commission disapproves an application for which it has approval authority, it shall state its reasons to the governing body. The governing body may overrule the planning commission and approve the application by a two-thirds' vote of all its members.

(8)

Historic District Review; Authority

All electric projects eligible in Subsections 14-6.2(F)(6) or (7) that are located within a historic district shall require historic districts review board approval. Additional restrictions are set forth in Subsection 14-6.2(F)(9)(j).

(9)

General Requirements

(a)

Aesthetics, Lighting, Signs and Noise

Electric projects shall comply with all city ordinances and regulations with respect to materials, colors, textures, finish, screening and landscaping, and the design of related structures, subject to applicable design codes and safety standards. All electric projects shall also comply with all lighting, signage and noise ordinances and regulations of the city.

(b)

Design Codes; Safety Standards

Design and operation of electric facilities is governed by the National Electrical Safety Code (NESC) as adopted by the state and other applicable national, state and industry codes and guidelines.

(c)

Electric and Magnetic Fields (EMF)

Electric and magnetic fields shall be considered when locating transmission lines and distribution lines in accordance with the electric facilities plan.

(d)

Property Maintenance

All real property owned or leased by the electric service provider used for switching stations or substations shall be maintained, without expense to the city, so as to be safe, orderly, attractive and in conformity with all applicable city codes and regulations with respect to the removal of weeds, trash and graffiti.

(e)

Permits; Plans Required

Construction permits shall not be required for electric facilities and distribution facilities. For other uses, construction permits shall be required as set forth in the Santa Fe City Code.

(f)

Restoration of Improvements

Upon completion of an electric project, the electric service provider shall promptly repair any and all public and private property improvements, landscaping, fixtures, structures and facilities damaged during the course of construction, restoring them to a condition not less than their condition before the start of construction or as agreed to by the affected propertyowner and the electric service provider.

(g)

Electric Facility Heights

Electric facilities shall meet applicable clearances specified in the National Electrical Safety Code (NESC). Transmission facilities are between sixty (60) and one hundred (100) feet in height; distribution facilities are between thirty-five (35) and fifty-five (55) feet in height.

(h)

Airport

An electric project within the class D airspace surrounding the Santa Fe airport shall be built in conformity with all applicable FAA regulations. Any facilities requiring FAA submittal shall also be provided for informational purposes to the city.

(i)

Traffic Control Plan

A traffic control plan shall be submitted as required by Section 23-2.17 SFCC 1987 (Maintenance of Traffic and Pedestrian Flow).

(j)

Switching Stations and Substations

(i)

Walls that protect and screen electric equipment shall be a maximum of twelve (12) feet in height in the historic districts and fourteen (14) feet in height elsewhere. Walls over six (6) feet high shall be set back no less than fifteen (15) feet from the property line. This paragraph takes precedence over other height limits set forth in Chapter 14.

(ii)

In H districts walls shall be earth tone stucco and articulated so that there is a change in wall height of no less than eight (8) inches at least every twenty-five (25) linear feet of wall and there is a horizontal jog of at least one (1) foot at least every fifty (50) linear feet of wall. Walls shall be constructed so that no block seams are visible and nothing is placed on top of the wall. Gates shall be constructed as see-through wrought iron.

(iii)

Lighting shall be used only when utility personnel are on site.

(10)

Application Submittal Requirements

(a)

General Requirement

All applications submitted to the land use director shall be in writing. If an application is determined to be incomplete, the land use director shall provide notice, within ten business days of the date the application is submitted, to the electric service provider along with an explanation of the application's deficiencies. Electronic submittals will be considered on a case-by-case basis, subject to security requirements.

(b)

Transmission Line Facilities

The following information shall be submitted:

(i)

purpose and need for the electric project;

(ii)

analysis of conformity with the general plan and the electric facilities plan, as amended, or successor plans, and relevant guiding policies;

(iii)

description of the proposed action and alternative corridors examined;

(iv)

constraints and opportunities associated with each alternative corridor;

(v)

electric project location map and aerial photograph;

(vi)

details of typical electric structures, including height diameter and phase spacing;

(vii)

electric project "in service date" and estimated construction start date;

(viii)

proposed action cost;

(ix)

within two hundred (200) feet along the proposed corridor: 1) existing and proposed land uses and existing zoning along the corridor; 2) location of existing watercourses, drainage channels and water bodies; 3) location of existing and proposed streets and roads; 4) topography, natural features, slopes, floodplains and cultural resources; 5) visual considerations and general appearance, including visual simulations; 6) existing and proposed electric project utility easements, including location and width; 7) whether and to what extent rights of way will be used; and 8) other environmental considerations that may be relevant to the electric project such as information on airport control zones and flood hazard zones;

(x)

discussion of the public input processes used;

(xi)

electric and magnetic field profiles;

(xii)

landscape restoration plan;

(xiii)

feasibility and estimated cost of an underground option, if requested by the land use director; and

(xiv)

a list of all known and related approvals required to complete the electric project, regardless of the jurisdiction requiring approval.

(c)

Distribution Line Facilities

The following information shall be submitted:

(i)

purpose and need for the electric project;

(ii)

statement of conformity with the general plan and the electric facility plan, as amended, or successor plans, and relevant guiding policies;

(iii)

description of the proposed action;

(iv)

constraints and opportunities;

(v)

electric project location map and aerial photograph;

(vi)

details of typical electric structures, including height, diameter and configuration;

(vii)

electric project "in service date" and estimated construction start date;

(viii)

proposed action cost;

(ix)

within fifty (50) feet along the proposed corridor: 1) land uses along the corridor; and 2) whether and to what extent rights of way will be used;

(x)

discussion of the public input processes used;

(xi)

landscape restoration, if applicable; and

(xii)

feasibility and estimated cost of an underground option, if requested by the land use director.

(d)

Switching Stations and Substations

The following information shall be submitted:

(i)

purpose and need for the electric project;

(ii)

analysis of conformity with the general plan and the electric facilities plan, as amended, or successor plans, relevant guiding policies;

(iii)

description of the proposed action and alternative station sites examined;

(iv)

constraints and opportunities associated with each alternative;

(v)

electric project location map and aerial photograph with propertyplat;

(vi)

evidence of property control or intent to purchase the property;

(vii)

electric project "in service date" and estimated construction start date;

(viii)

within a two hundred (200) foot radius from property line to include: 1) existing and proposed land uses and existing zoning; 2) location of existing watercourses, drainage channels and water bodies; 3) location of existing and proposed streets and roads; 4) topography, natural features, slopes, floodplains and cultural resources; 5) visual considerations and general appearance, including visual simulations; and 6) other environmental considerations that may be relevant to the electric project such as information on airport control zones and flood hazard zones;

(ix)

proposed electric facilities and site design to include a site plan; elevation drawings, including fencing and walls; outdoor lighting; signs; vehicular access; parking; revegetation; and landscape plan and terrain management plan, if applicable;

(x)

discussion of the public input processes used; and

(xi)

a list of all known and related approvals required to complete the electric project, regardless of the jurisdiction requiring approval.

(11)

Fees

Applications shall be accompanied by a nonrefundable fee as established by resolution of the governing body.

(12)

Waivers

(a)

The planning commission may grant a waiver of the standards set forth in this subsection only if it finds that the waiver:

(i)

is in the best interest of the community as a whole;

(ii)

will not jeopardize public health, safety and welfare; and

(iii)

will better serve the purposes contained in Subsection 14-6.2(F)(1).

(b)

The planning commission shall consider the following criteria when granting a waiver:

(i)

the general appearance of the facility;

(ii)

the nature of uses on adjacent and nearby properties;

(iii)

the surrounding topography;

(iv)

the proposed ingress and egress;

(v)

improved electrical service for Santa Fe; and

(vi)

such other factors as may be relevant.

(13)

Appeals

Final actions of the land use director may be appealed pursuant to Section 14-3.17.

(14)

Public Notice

(a)

Administrative Approvals

Fifteen days prior to the submittal of an application to the land use director, the electric service provider shall provide notification by first class mail with mailing certificate, proof of which is to be included with the application, to all propertyowners within two hundred (200) feet of the subject property, exclusive of right of way. If the property proposed to be used lies within the boundaries of a neighborhood association that has been listed with the land use director, notice also shall be provided to the neighborhood association.

(b)

Planning Commission Approvals

For applications requiring planning commission approval, the electric service provider shall comply with the provisions of Sections 14-3.1(F) (Early Neighborhood Notification Procedures) and (H) (Notice Requirements).

(c)

Waivers

For requests for waivers, the electric service provider shall comply with the provisions of Sections 14-3.1(F) and (H).

(d)

Appeals

For appeals to the planning commission, notice shall be given as provided in Section 14-3.1(H).

(15)

Conformity Review

Compliance with Subsection 14-6.2(F) serves as the utility conformity review set forth in Section 3-19-11 NMSA 1978 and Section 14-3.18(A).

(16)

Noncomplying Work

Upon order of the land use director, all work that does not comply with the application requirements and specifications for the work or other requirements of this section shall be removed or made to comply within thirty days or sooner if the work poses an immediate threat to the health or safety of the community.

(17)

Notification of Sale of Land

The city shall be notified when a parcel of land owned by the electric service provider becomes available for purchase.

(G)

Underground Electric and Cable Utility Lines

(1)

Findings; Purpose

(a)

The governing body recognizes that it is in the best interest of the health, safety and welfare of all citizens of Santa Fe that the city immediately takes the steps necessary to adopt policies that conserve open skies and improve public accessibility along city sidewalks and rights of way.

(b)

The governing body recognizes that overhead electric and cable utility lines and associated in-ground poles and structures adversely affect the open skies and may impede public accessibility along city sidewalks and rights of way.

(c)

The governing body recognizes that as a planning and land use matter, overhead electric and cable utility lines detract from orderly and modern planning models.

(d)

Underground electric and cable utility lines have the least environmental impact for any neighborhood.

(2)

Applicability

This section applies to electric and cable utility lines, that are collectively referred to as utility lines. This section applies to electric lines of less than forty-six kilovolts unless otherwise specified.

(3)

New Utility Lines

All new utility lines shall be placed underground except as provided in Subsections 14-6.2(G)(4) and (5).

(a)

The developer of a project subject to Chapter 14 shall be responsible for the undergrounding of the utilities needed to serve the project.

(b)

The utility provider is responsible for the undergrounding of all other utilities pursuant to Subsection 14-6.2(G)(5).

(4)

Governing Body Waiver

(a)

The governing body, after review by the planning commission, may grant a waiver of the standards set forth in Subsection 14-6.2(F)(3) if the governing body finds that the waiver:

(i)

is in the best interest of the community;

(ii)

will not jeopardize the public's health, safety and welfare; and

(iii)

will better serve the purposes contained in Subsection 14-6.2(F)(1).

(b)

The governing body shall consider the following when granting a waiver:

(i)

the nature of uses on adjacent and nearby properties;

(ii)

the surrounding topography;

(iii)

improved electrical and cable services for Santa Fe;

(iv)

the cost of placing the utility lines underground and all associated costs; and

(v)

such other factors as may be relevant.

(5)

Utility Provider Accounting

(a)

Prior to initiating the underground utility project, the utility provider shall present an accounting to the governing body regarding:

(i)

the difference in cost for the undergrounding compared to above ground; and

(ii)

what is the anticipated additional monthly cost to city customers based on customer classification.

(b)

The governing body may:

(i)

direct the utility provider to seek approval of the New Mexico public regulation commission for an additional fee to be paid by all city customers to cover the cost of undergrounding;

(ii)

allocate city funds to cover the cost or partial cost of undergrounding. Possible funding sources include general funds, capital improvement program funds, special assessment districts, project improvement districts, state legislative appropriations, grand money, bond revenues, utility franchise revenues or other appropriate funding; or

(iii)

authorize the utility lines to be above ground.

(c)

In making its decision, the governing body shall consider the same criteria as set forth in Subsection 14-6.2(F)(4).

(d)

This paragraph does not apply to undergrounding required of the developer set forth in Subsection 14-6.2(F)(5)(a).

(6)

Existing Utility Lines

The governing body shall initiate a process to:

(a)

identify and prioritize those areas of the city that are most in need of placing existing utility lines underground in keeping with the purpose set forth in Subsection 14-6.2(F)(1); and

(b)

identify appropriate funding sources from city and non-city sources for such projects.

(7)

Undergrounding for Public Health and Safety

The governing body shall consider an ordinance establishing a hearing process and the standards for when the governing body may order the undergrounding of existing, new or replacement utility lines of any voltage due to public health and safety reasons. Such determination shall be considered by the public regulation commission in approving a statewide rate increase.

(8)

Administrative Procedures

To the extent necessary to carry out the provisions of this subsection, the governing body may adopt administrative procedures and policies by resolution.

(9)

Enforceability

To the greatest extent possible, the provisions of this subsection shall be construed in a manner most consistent with any and all valid and enforceable franchise agreements executed by and between various entities and the city.

(H)

Agricultural Uses

(Ord. No. 2016-41 § 2)

(1)

Agricultural uses for noncommercial purposes that are accessory uses to a permitted principal use are permitted in all zoning districts but shall not create a public nuisance, subject to Subsection 10-9 SFCC 1987, Nuisance Abatement Ordinance, and shall meet all other applicable city codes.

(2)

Agricultural uses for commercial purposes are permitted as set forth in Table 14-6.1-1; however, the following commercial agricultural uses are specifically prohibited:

(a)

animal production;

(b)

slaughterhouses and slaughtering of livestock; and

(c)

any other use prohibited by 5-7.1 SFCC 1987.

(3)

Applicability. No agricultural activity shall be conducted, or farm structure erected, except in compliance with the provisions of this Subsection 14-6.2(H), and shall not supersede the rights of home owners associations (HOAs) or any existing covenants, conditions and restrictions of HOAs or other neighborhood associations. The provisions of this subsection shall apply to all agricultural activities, whether such activity is a primary use or an accessory use, except for:

(a)

Gardens for the personal noncommercial use of residents as accessory uses to residential uses.

(b)

Community gardens located on city-owned property and regulated by written policies and procedures of the City of Santa Fe.

(c)

Community gardens for noncommercial purposes permitted as an accessory use.

(d)

The growing of cannabis for personal use, as permitted by the Lynn and Erin Compassionate Use Act, NMSA 1978, Sections 26-2B-1 to 26-2B-10 NMSA 1978; and the Cannabis Regulation Act, NMSA 1978, Sections 26-2C-1 to 26-2C-42.

(4)

Approval Procedures.

(a)

Agricultural uses are allowed as an accessory use; with a special use permit; or permitted by right, all as shown in Table 14-6.1-1.

(b)

Except as otherwise provided in this Subsection 14-6.2(H), the procedural and other requirements for home occupations, special use permits and development plans apply to agricultural uses and structures.

(c)

Agricultural uses and structures shall comply with all other applicable provisions of SFCC 1987, including Chapter VII relating to building and housing, and Chapter XII relating to fire prevention and protection.

(d)

The governing body may adopt by resolution guidelines for the development and operation of agricultural uses, which shall guide the land use director in the administration of this Subsection 14-6.2(H).

(5)

Development Standards.

(a)

Except as otherwise provided in this Subsection 14-6.2(H), structures associated with agricultural uses are subject to the development standards established for the underlying and overlay zoning districts within which the property is located.

(b)

Agricultural home occupations shall comply with Subsection 14-6.3(D)(2).

(6)

Urban Farm, Ground Level.

(a)

The principal activity to be performed on a ground level urban farm shall be the cultivation of agricultural crops.

(b)

Ground level urban farms are permitted as provided in Table 14-6.1-1.

(7)

Urban Farm, Roof Level

(a)

The principal activity to be performed on a roof level urban farm shall be the cultivation of agricultural crops.

(b)

Roof level urban farms are permitted as provided in Table 14-6.1-1.

(8)

Aquaculture, Aquaponics and Hydroponics.

(a)

Aquaculture, aquaponics and hydroponics are permitted as provided in Table 14-6.1-1.

(b)

Operations must comply with applicable Federal and State regulations for water use and discharge, and for the possession, propagation, culture, sale and disposition of living marine organisms.

(9)

Farm Stands.

(a)

An urban farm may include a farm stand. Farm stands located in zoning districts which otherwise prohibit retail sales shall be limited to sales of agricultural products that are grown on the premises, shall not be larger than 48 square feet, and shall be erected only during business operating hours and during the farming season.

(b)

Operation of a farm stand requires a home occupation permit or other type of business license issued by the City of Santa Fe Business Licensing Division.

(10)

Screening and Buffering.

(a)

Any composting, loading or disposal areas within or adjacent to a residential or commercial zoning district shall be screened from view by a wall, fence, berm or vegetative screen, or combination thereof. Any fencing shall be constructed of opaque materials and shall comply with the standards and requirements applicable to fences in the zoning district where the property is located.

(b)

Any material or equipment stored outdoors within a residential or commercial zoning district shall be surrounded by a wall or fence or vegetative screen not less than six (6) feet high, as may be necessary, to screen such material or equipment from view from any public street or public open space.

(11)

Maintenance and Operation. Urban farms, cannabis producers , and cannabis producer microbusinesses shall be used and maintained in such a manner in which at no time shall they constitute a nuisance or hazard to the surrounding neighborhood.

(12)

Soil Safety. All urban farms, cannabis producers , and cannabis producer microbusinesses using conditioned soil will be required to comply with the New Mexico Soil and Water Conservation Act, Sections 73-20-25 through 73-20-48 NMSA 1978.

(13)

Composting.

(a)

Composting is accessory to an urban farm, cannabis producer , or cannabis producer microbusinesses and shall be used only onsite where any ground level urban farm or roof level urban farm, cannabis producer , or cannabis producer microbusiness is permitted. Composting shall occupy no more than ten (10) percent of the farm area, and cooked food, raw animal matter, animal waste, and human waste shall not be used in the creation of compost.

(b)

Composting as a principal use requires approval of a special use permit in industrial zoning districts, and is prohibited in other zoning districts.

(c)

Maximum Height:

(i)

Maximum height of composting structures or bins shall not exceed the maximum height permitted for fences and walls in the zoning district where the property is located.

(ii)

On a roof level urban farm, any composting must be contained within a fully enclosed inflammable bin that does not have direct contact with flammable materials.

(d)

Setbacks:

(i)

Subject to Subsection 14-6.3(B)(2) Accessory Uses, compost bins, accessory structures and windrows shall comply with the applicable setback requirements in all zoned districts.

(ii)

Compost bins, structures and windrows located in a required yard or street frontage in all residential and commercial zoned districts must be screened from street view, and setback a minimum of ten (10) feet from the property line.

(14)

Water.

(a)

Urban farms, cannabis producers , and cannabis producer microbusinesses are allowed to use the following water resources:

(i)

Captured rainwater on-site meeting the requirements of the New Mexico State Engineer's Office (OSE) and Subsection 14-8.4(E).

(ii)

Passive water harvesting designed to infiltrate water, control runoff and erosion.

(iii)

Gray water or treated effluent from permitted on-site sources adhering to the requirements of Section 20-7-3 NMAC and Subsection 14-8.4(E)(2) consistent with its adjudicated, licensed, or permitted use.

(iv)

Well water from existing on-site wells, provided that such wells are permitted by the OSE for agricultural use, are metered, and tested annually by a laboratory certified by the New Mexico environment department to ensure that the well is bacteria-free and that the levels of arsenic, fluoride, nitrate, and uranium are compliant with EPA primary drinking water standards (maximum contamination levels, or MCLs), and such lab reports shall be sent to the land use director.

(v)

Municipal water system.

(vi)

Stormwater infiltration where or permitted by the OSE.

(b)

Any constructed water catchment systems shall meet all permitting requirements of the City of Santa Fe's Planning and Land Use Department. (Ord. #2020-22, § 16)

(c)

Water supplied through the municipal water system shall be charged at the rate applicable to the meter size, and shall comply with all applicable requirements of Section 14-8.13 of the land use development code.

(i)

Separate meters shall be required for irrigation in commercial and industrial zoned areas unless the total farm area on the lot is less than five hundred (500) square feet, and meter data denoting monthly and annual water use shall be sent to the land use director for monitoring purposes.;

(ii)

Water efficient irrigation systems are required to be installed and used when water from the municipal water system is used for irrigation.

(d)

Irrigation systems shall comply with Subsection 14-8.4(E)(4), including installation of an approved backflow prevention device.

(e)

Watering times shall comply with the outdoor conservation regulations pursuant to Subsection 25-2.7 SFCC 1987.

(f)

The use of otherwater efficient technologies and water management bestpractices, such as use of ollas or other water-holding materials, are allowed. The land use director shall provide all urban farms with city-authored water efficient irrigation guidelines and low-water use landscape literature, such as landscape irrigation design standards.

(15)

Abandonment.

(a)

If an agricultural use ceases for any reason for three hundred sixty-five (365) consecutive days without the prior written approval of the land use director, the use shall be deemed to be abandoned.

(b)

Any property used for agricultural purposes pursuant to this section shall be cleared and restored to the state in which it existed prior to commencement of the agricultural use. The property owner shall remove from the property all farm structures within ninety (90) days after the date the agricultural use is discontinued. Site clearing shall consist of:

(i)

Physical removal of all farm structures, farm equipment and machinery; and

(ii)

Disposal of all composting and agricultural waste in accordance with local and state waste disposal regulations; and

(iii)

Stabilization of the site's vegetation as necessary to minimize erosion and invasive species encroachment. The land use director may allow the owner to leave landscaping in order to minimize erosion and disruption to vegetation.

(c)

If the applicant fails to remove farm structures, farm equipment, and farm machinery in accordance with the requirements of this Subsection 14-6.2(H)(15) within ninety (90) days of the date the agricultural use is discontinued, the land use director shall proceed with enforcement actions as provided for in Section 14-11.

(I)

Cannabis Establishments

(1)

Applicable Law. Cannabis establishments are subject to applicable sections of the Land Development Code, as set forth in Chapter 14 of the SFCC 1987; other applicable city ordinances, as set forth in the SFCC 1987; and applicable state laws and regulations. Applicable provisions include, but are not limited to, the Lynn and Erin Compassionate Use Act, Sections 26-2B-1 to 26-2B-10 NMSA 1978; the Cannabis Regulation Act, Sections 26-2C-1 to 26-2C-42 NMSA 1978; the Dee Johnson Clean Indoor Air Act, Sections 24-16-1 to 24-16-20 NMSA 1978; the Santa Fe Smoke Free Ordinance, Section 10-6 SFCC 1987; the Nuisance Abatement Ordinance, Section 10-9 SFCC 1987; and the Business License Ordinance, Section 18-1 SFCC 1987.

(2)

Enforcement. A person who fails to adhere to the provisions of Chapter 14 of the SFCC shall be subject to the enforcement provisions set forth in Sections 1.3 and 14-11 SFCC 1987 and all other legal remedies and enforcement actions available under the law.

(3)

Permitted Uses. Cannabis establishments are permitted only as set forth in Table 14-6.1-1 and this subsection. A vertically integrated cannabis establishment or integrated cannabis microbusiness is permitted only if all uses licensed by the licensee are permitted in the zoning district.

(4)

Minimum Distance from Schools. A cannabis establishment is not a permitted use if the cannabis establishment would be located within a three hundred (300) foot radius of an existing preschool, daycare center, elementary school, or secondary school. The radius shall be measured from the subject property boundaries.

(5)

Retail establishments.

(a)

Density Limitations. A commercial cannabis retailer is not a permitted use if either of the following applies:

(i)

The main entrance accessing the primary function of the commercial cannabis retailer would be within a four hundred (400) foot distance of the main entrance accessing the primary function of an existing commercial cannabis retailer ; or

(ii)

The closest point of the commercial cannabis retailer's licensed premises is within three hundred (300) feet of a religious institution .

(b)

Density Limitation exemption. A cannabis retailer that is wholly owned by a tribe, as defined in Section 11-13A-2(D) NMSA 1978, is a permitted use within four hundred (400) feet of the main entrance of a retailer that initiates its application for a cannabis retailer license to the State of New Mexico after the retailer wholly owned by the tribe initiates its application for such a license.

(c)

Operating Hours. The hours of operation for a commercial cannabis retailer may begin as early as 7:00 a.m. and may extend as late as 12:00 a.m. (midnight).

(6)

Odors and Ventilation. All cannabis establishments must comply with applicable state and city laws and regulations concerning odors and ventilation, including building and fire codes. Cannabis producers , cannabis producer microbusinesses , and cannabis manufacturers must use industry standard techniques to minimize odorous, toxic, or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems. Cannabis producers , cannabis producer microbusinesses , cannabis manufacturers, and cannabis consumption areas areas must obtain city approval of an odor control plan addressing these laws, prior to the issuance of a building permit or certificate of compliance.

(7)

Safety and Security. All cannabis establishments must comply with state law and regulations concerning safety and security, in addition to applicable provisions of SFCC 1987.

(J)

General Provisions

(1)

The governing body or planning commission may further regulate uses in planned districts or impose conditions on those uses when it approves a special use permit, master plan or development plan.

(2)

Additional regulations concerning uses may be located in the special use permit, master plan or development plan for a particular property.

(Ord. #2020-35, § 2; Ord. #2021-19, §§ 2, 3; Ord. #2023-8, § 1)

(A)

Multiple Principal Uses

More than one type of principal use may be located within the same building or on the same premises, if each use complies with all applicable provisions of Chapter 14.

(B)

Permitted Accessory Uses and Structures

(1)

General Provision

In addition to the principal use or uses allowed by Chapter 14, land and structures may be used for accessory uses, including those specifically listed as permitted accessory uses in Table 14-6.1-1 or in this section.

(2)

RR, R-1—R-6, R-7, R-7(I), R-8, R-9, RC-5, RC-8, R-10, R-21, R-29, RAC, C-1, C-4, and HZ Districts

(a)

The following accessory uses and structures are permitted in the RR, R-1—R-6, R-7, R-7(I), R-8, R-9, RC-5, RC-8, R-10, R-21, R-29, RAC, C-1, C-4 and HZ districts:

(i)

home occupations, as provided for in Subsection 14-6.3(D)(2);

(ii)

noncommercial greenhouses and plant nurseries;

(iii)

private garages;

(iv)

utility sheds, located within the rear yard only;

(v)

children's play areas and play equipment;

(vi)

private barbeque pits and private swimming pools;

(vii)

accessory dwellingunits as regulated in Subsection 14-6.3(D)(1);

(viii)

other uses and structures customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; and

(ix)

accessorystructures of a permanent, temporary, or portable nature such as coverings not constructed of solid building materials, including inflatable covers over swimming pools and tennis courts, and such other accessorystructures that exceed thirty (30) inches in height from the average ground elevation.

(b)

All accessory uses and structures allowed under Subsection 14-6.3(B)(2)(a) shall:

(i)

not involve the conduct of business on the premises, except home occupations;

(ii)

be located on the same lot as the permitted principal use or structure or on a contiguous lot in the same ownership; and

(iii)

not be likely to attract visitors in larger numbers than would normally be expected in a single-familyresidential neighborhood.

(c)

The following activities are prohibited within residentially zoned districts:

(i)

Storage or parking, either continuous or intermittent, of commercial or industrial vehicles except for those vehicles that are authorized by a special use permit or other permitted non-residential use.

A.

Commercial or industrial vehicles include:

1.

vehicles requiring a commercial driver's license to operate;

2.

tour buses or school buses;

3.

concrete mixer trucks or concrete pumper trucks;

4.

towing vehicles;

5.

earthmoving or grading equipment;

6.

trailers or tractors (except lawn trailers or tractors);

7.

motorized construction or agricultural equipment;

8.

cranes;

9.

roll-off trash containers (except as related to an active permit or as approved by the environmental services division); or

10.

any other vehicles designed by the manufacturer for business purposes.

B.

Commercial or industrial vehicles do not include:

1.

recreational vehicles, boats, or trailers that are used for personal purposes; or

2.

passenger vehicles, pickup trucks, or small trailers that are used for business purposes related to a registered home occupationbusiness.

(ii)

Outdoor storage of construction materials, except in connection with active construction activities on the premises;

(iii)

Storage of mobile homes or commercial shipping containers;

(iv)

Using vehicles, tents, or other structures that do not comply with this chapter or other applicable codes as dwellings;

(v)

Storage of PODS® or similar style moving/shipping containers for more than thirty (30) days;

(vi)

Parking any vehicle in the front yard setback, within three (3) feet from the front property line or blocking or obstructing, partially or fully, any sidewalk, public street, or other public right-of-way;

(vii)

Parking any vehicle in the side or back yard without being screened from view from the public right-of-way, such as by a wall or solid fence; covers or tarps are not an appropriate screening measure; or

(viii)

Use of any vehicle as a receptacle for the storage of goods, materials, equipment, litter, or refuse other than those items considered to be a part of the vehicle or essential for its immediate use.

(3)

R-10 through R-29 Districts

In addition to the list of accessory uses allowed in Subsection 14-6.3(B)(2), greenhouses and plant nurseries also are permitted as accessory uses in this district.

(4)

AC District

The permitted accessory uses and structures for the AC district are the same as for the underlying zoning district.

(5)

C-2 and I-1 Districts

The accessory uses and structures permitted in C-2 and I-1 districts include those that are:

(a)

on the same premises and in connection with permitted principal uses and structures;

(b)

dwelling units for occupancy only by owners or employees of owners, including live/work spaces, but not including manufactured homes or recreational vehicles;

(c)

outdoor storage areas, subject to compliance with the standards of Subsection 14-6.3(D)(3);

(d)

telecommunication facilities as set forth in Subsection 14-6.2(E).

(e)

other uses and structures that are customarily accessory and clearly incidental to permitted or permissible uses and structures.

(6)

I-2 District

(a)

The accessory uses and structures permitted in an I-2 district include those that are on the same premises as permitted principal uses and structures and only as required for the conduct of the operation, dwelling units for owners or employees, and other uses and structures incidental and subordinate to the principal use or structures and otherwise meeting the requirements of this district, except that manufactured homes or recreational vehicles are not permitted as accessory uses.

(b)

This section does not apply to telecommunication facilities that are regulated pursuant to Section 14-6.2(E).

(7)

Business and Industrial Park (BIP) District

(a)

This paragraph does not apply to telecommunication facilities that are regulated pursuant to Section 14-6.2(E).

(b)

The accessory uses and structures permitted in a BIP district are those that support the operation of a permitted principal use. Such uses may exceed the floor area of the permitted principal use. Examples of permitted accessory uses and structures for the BIP district include: