Zoneomics Logo
search icon

Santa Fe City Zoning Code

ARTICLE 14

7 - BUILDING ENVELOPE AND OPEN SPACE STANDARDS AND MEASUREMENTS

(Ord. No. 2011-37 § 9)


14-7.1 - GENERAL RULES OF MEASUREMENT AND EXCEPTIONS

(A)

General Requirements

(1)

Applicability of Other Standards

In addition to the standards in this Section 14-7.1, development may be subject to standards in other portions of Chapter 14, including those in Articles 14-5 (Overlay Zoning Districts), 14-6 (Permitted Uses and Use Regulations) and 14-8 (Development and Design Standards).

(2)

General Standard for Measurements

Measurement of the standards in Chapter 14 shall be made as accurately as possible with measurement methods and technology that are commonly used in the construction industry. Where measurements are subject to specific standards contained elsewhere in Chapter 14 or are adopted by state or other regulatory agencies, those standards shall be met.

(3)

Responsibility for Compliance

Each person engaged in the development of property, and the owner of property that has been developed or that is under development, shall comply with the applicable standards of Chapter 14 and provide documentation of compliance to the land use director as necessary to verify compliance.

(B)

Dimensional Calculations

(Ord. No. 2013-16 § 36; Ord. No. 2014-31 § 17)

(1)

Net Lot Area

For lots smaller than one acre, the minimum required net lot area for residential subdivisions excludes any portion of the lot devoted to public and private streets and driveway easements such as lot access driveways and fire access roads. For single-family residential subdivisions, portions of the lot devoted to common open space or other facilities intended to serve primarily the residents of other lots are also excluded.

(2)

Lot Depth

The depth is measured between the front and rear lot lines, perpendicular to the front lot line. In the case of irregularly shaped lots, the depth shall be the average of all such measurements along the front lot line.

(3)

Reserved

(4)

Lot Coverage

Lot coverage is the percentage of the total projected area on the ground of structures in relation to the lot area.

(a)

The types and portions of structures listed in Subsection 14-7.1(D)(2) are excluded from the area covered by structures.

(b)

Eaves and similar roof projections within two (2) feet of the wall of a building are excluded from the area covered by structures.

(c)

For residentialdevelopment, the portion of the lot occupied by easements for private roads and lot access driveways is excluded from the lot area.

(d)

For single-family residentialdevelopment on lots smaller than one acre, the portion of the lot occupied by common open space, fire access roads or other facilities intended to serve primarily the residents of other lots are also excluded from the lot area.

(5)

Structure Perimeter

Structure perimeter is measured by the projected area of the structure on the ground, including all appurtenances such as eaves, bay windows, awnings and cantilevered decks.

(6)

Slope Measurement

Slopes are measured at contour intervals of five (5) feet or less. The slope percent is the relation of vertical rise from or to contour lines calculated as follows:

(H-L) x 100/D

where H equals the highest elevation of the portion of the tract measured; L equals the lowest elevation on the portion of the tract measured; and D equals the horizontal distance between H and L.

(7)

Building Frontage

As used in Section 14-8.10 (Signs), building frontage is the horizontal distance across the front of a building as near to ground level as possible. In cases where this test is indeterminate or cannot be applied, for example, where there is a diagonal corner entrance or where two or more sides of a building have entrances of equal importance and carry approximately equal amounts of pedestrian traffic, the land use director shall select the building frontage on the basis of the interior layout of the building, traffic on adjacent streets or other indicators available.

(8)

Floor Area Ratio

The gross floor area of all buildings on a lot, including covered parking structures but not roof deck parking, divided by the lot area; for example: twenty thousand (20,000) square feet of gross floor area on a ten thousand (10,000) square foot lot is a floor area ratio of 2.0:1.

(C)

General Height Standards

The general height limits contained in this article do not apply to structures for which specific standards are provided elsewhere in Chapter 14, including Section 14-8.5 (Walls and Fences). In addition to the maximum height limits and height calculation methods contained in this article, structures may be subject to height limits and calculation methods in Article 14-5 (Overlay Zoning Districts) or elsewhere in Chapter 14. Unless there is a specific provision to the contrary, the most restrictive height limit is applied as provided in Section 14-1.7 (Conflicting Provisions).

(1)

Measurement of Maximum Height

No point on a structure shall be higher than the most restrictive of the following calculations:

(a)

the maximum height specified in the tables of development standards in Sections 14-7.2, 14-7.3 and 14-7.4, measured from the average of the highest point and the lowest point of the finished grade at the perimeter of the structure; or

(Ord. No. 2012-11 § 19)

(b)

the maximum height specified plus four (4) feet, measured from the finished grade at the closest point on the perimeter of the structure; and

(c)

step-back regulations for maximum heights relative to distances from property lines that apply in certain districts as set forth in the tables of dimensional standards.

(2)

Height of Building Attachments

Except as further restricted by Section 14-5.2 (Historic Districts), the height limitations set out in Chapter 14 may be exceeded for chimneys, antennas, ventilators, elevator housings or other non-freestanding structures placed on and anchored to the roof of a building and not intended for human occupancy, by up to four (4) feet for residentialstructures and eight (8) feet for mixed use and nonresidentialstructures.

(3)

Telecommunication Facilities

When referring to a tower or other telecommunications structure, height is the distance measured from the finished grade to the highest point on the tower, antenna or other structure, including the base pad and any antenna.

(D)

Required Yards

(1)

No structure shall occupy a required yard except as provided in this Subsection 14-7.1(D) or elsewhere in Chapter 14.

(2)

The following types of structures may occupy required yards if they comply with applicable height, setback and other regulations in Chapter 14 and elsewhere in the Santa Fe City Code, including Chapters 7 (Building and Housing), 12 (Fire Prevention and Protection) and 23 (Streets, Sidewalks and Public Places) SFCC 1987.

(a)

walls and fences;

(b)

decks, planters, driveways, walkways, stairways, uncovered porches and similar structures less than thirty inches above grade;

(c)

above-ground and underground facilities of public and private utilities to the extent provided in Sections 14-6.2(E) (Telecommunication Facilities), (F) (Electric Facilities), and (G) (Underground Electric, Telecommunications and Cable Utility Lines).

(d)

above-ground and underground transformers, equipment enclosures or vaults and similar facilities of public or private utilities when located and screened as provided on an approved subdivision plat, development plan or as approved by the land use director;

(e)

underground pipes, wires and conduits such as service laterals that provide utility service to the property on which they are located or that interconnect permitted structures and equipment on the property;

(f)

above-ground wires such as service drops that are necessary to connect permitted structures to existing overhead utility distribution facilities; and

(g)

eaves or other roof projections may extend into required yards a distance of two (2) feet or less.

(3)

Minimum street yards may be reduced to match the average existing yards of the street within one hundred fifty (150) feet of the property.

(4)

Yard requirements on corner lots are:

(a)

at least one street yard shall be of the size required in the district for street yards;

(b)

other street yards on the lot shall have no less than half the depth generally required for street yards in the district; provided, however, that the street yard shall not be less than seven (7) feet; and

(c)

this Subsection 14-7.1(D)(4) does not apply to the BCD.

(E)

Separate Regulations for Properties in Escarpment Overlay District

Properties in the escarpment overlay district are subject to the slope calculations, lot disturbance limitations and other regulations set forth in Section 14-5.6 (Escarpment Overlay District).

(F)

Visibility at Driveways and Yards

(1)

Adequate Visibility; Waiver

The provisions of this Subsection 14-7.1(F) may be waived by the public works director upon a determination that adequate visibility exists consistent with the standards adopted by the American Association of State Highway and Transportation Officials (AASHTO). This Section 14-7.1 is not intended to limit the authority of the public works director to impose stricter requirements pursuant to the authority provided in Chapter 23 SFCC 1987 (Streets, Sidewalks and Public Places).

(2)

Visibility at Driveways
(Ord. No. 2014-31 § 18)

At driveways that provide access to a public or private street, no parking lot, fence, wall or other structure, hedge or planting that will obstruct drivers' views of traffic shall be erected, placed or maintained within a triangular area on either side of the driveway as follows:

(a)

for driveways serving nonresidential uses on all streets and roads and driveways serving residential uses on arterial and collector roads, the required visibility triangles for each driveway are determined by the public works director based on AASHTO standards;

(b)

for driveways serving residential uses on streets and roads classified as subcollectors or lanes, obstructions between a height of three (3) feet and six (6) feet are prohibited within the required visibility triangles as determined by the more restrictive of:

(i)

measurements of five (5) feet along the edge of the driveway and fifteen (15) feet along the streetproperty line; and

(ii)

measurements of fifteen (15) feet back from the nearest travel lane along the edge of the driveway and thirty (30) feet along the travel lane. See Illustration 14-7.1-1.

Illustration 14-7.1-1 Visibility at Driveways on Lanes and Subcollectors

(3)

Visibility at Intersections

(Ord. No. 2014-31 § 19)

On any corner lot, no fence, wall, hedge or other planting or structure that will obstruct drivers' views of traffic shall be erected, placed or maintained within the triangular area as follows:

(a)

For intersections on streets and roads classified as arterials and collectors, the required visibility triangles for each intersection are determined by the public works director based on AASHTO standards.

(b)

For ninety degree intersections on streets and roads classified as subcollectors or lanes, obstructions between a height of three (3) feet and six (6) feet are prohibited within the required visibility triangles formed by the right-of-way lines at points that are twenty-five (25) feet from the intersection of the right-of-way lines. On any corner lot of other than ninety degrees or on corner lots with grade variations, the visibility requirement shall be adjusted by the public works director based on AASHTO standards to ensure public safety. See Illustration 14-7.1-2.

Illustration 14-7.1-2 Visibility at Intersections

(4)

Street Setback for Garage or Carport
(Ord. No. 2014-31 § 20)

(a)

A garage or carport with a vehicle entry facing the street shall be set back at least twenty (20) feet from the streetproperty line as shown on Illustration 14-7.1-3, except as provided in Subsection (4)(b). This Subsection 14-7.1(F)(4) applies to public and private streets including lot access driveways, but does not apply to alleys.

(b)

A carport with a vehicle entry facing the street may be constructed in accordance with the minimum street yard requirements applicable to principal structures for the district within which it is located, provided that:

(i)

the carport is set back at least seven (7) feet from the street property line; and

(ii)

the carport is fully open on three or more sides and is constructed of materials and an architectural style that is the same as, or compatible with, the principaldwelling unit; and

(iii)

use of the carport is restricted to temporary parking of currently-registered, operable passenger automobiles, light trucks or motorcycles for the non-commercial use of the residents; and

(iv)

storage of any material other than the personal motor vehicles described in Subsection (4)(b)(ii) is prohibited.

Illustration 14-7.1-3 Street Setback for Garage or Carport

14-7.2 - RESIDENTIAL DISTRICTS

(A)

Table of Dimensional Standards

The standards set forth in Table 14-7.2-1 apply to all principal and accessorystructures unless otherwise provided in Chapter 14.
(Ord. No. 2012-11 § 20)

Table 14-7.2-1: Table of Dimensional Standards for Residential Districts

(Ord. No. 2013-16 §§ 37-40; Ord. No. 2014-31 § 21)

TABLE 14-7.2-1: Table of Dimensional Standards for Residential Districts (Note 1, 14)
DISTRICT
Max. Gross Density (dwelling units per acre)
Note 2
Minimum Lot Area
Note 2, Note 3
Maximum Height of Structures
Notes 6, 8
Minimum Yard Requirements (feet)
Notes 5, 6, 7
Maximum Lot Coverage (%)
Note 10
Minimum Required Open Space (square feet)
Note 9, 10
RR 2 du/acre if both public sewer and water are provided; 3 du/acre if both public sewer and water are provided and common open space is provided as set forth in §14-7.2(G). If public sewer and water are not provided, see Note 15. Net lot area - single-family dwellings: as per R-1 if both public sewer and water are provided. If public sewer and water are not provided, see Note 16. Net lot area - multiple-family dwellings: as required to comply with maximum gross density. As per R-1 - R-6 As per R-1 if both public sewer and water are available. Otherwise:
Street Note 12 : 25; Other yards: As per R-1
As per R1 Single-family dwellings: See Note 3. Multiple-Family Dwellings: 250 square feet of common and/or private open space for each dwelling unit.

 

TABLE 14-7.2-1: Table of Dimensional Standards for Residential Districts (Note 1, 14)
DISTRICT
Max. Gross Density (dwelling units per acre)
Note 2
Minimum Lot Size
Note 2, Note 3
Maximum Height of Structures
Notes 6, 8
Minimum Yard Requirements (feet)
Notes 5, 6, 7
Maximum Lot Coverage (%)
Note 10
Minimum Required Qualifying Open Space (square feet)
Notes 9, 10
R-1
R-2
R-3 R-4
R-5 R-6
R1=1; R-2=2;
R-3=3; R-4=4;
R-5=5; R-6=6
If public sewer and water are not provided, see Note 15.
Net lot area -single-family dwellings:
4,000 sq. ft. minimum; 2,000 sq. ft. if common open space is provided (Note 3) If public sewer and water are not provided, see Note 16. Net lot area - multiple-family dwellings: as required to comply with maximum gross density.
Residentialstructures: 24; Nonresidentialstructures: 35 (See Note 6 for required height stepback from side and rear property lines) Street Note 12 : 7 (20 for garage or carport; Note 4) Side: 5 or 10 (See Note 6 for required height stepback from side and rear property lines) Rear Note 13 15, or 20% of the average depth dimension of lot, whichever is less 40; may increase to 50 if private open space is provided (See §14-7.5(C)(1):
Increase in maximum lot coverage if private open space is provided.)
Single-family dwellings: None except as provided for lot size averaging per Note 3. Multiple-family dwellings: 250 square feet of common and/or private open space for each dwelling unit.
R-7
R-8
R-9
R-7=7; R-8=8; R-9=9. If public sewer and water are not provided, see Note 15. Same as R-1 to R-6 districts. Same as R1-R6 Districts Generally, setbacks are established by a development plan approved by the Planning Commission. Otherwise, same as R1 to R6 Districts. 40; 55 if private open space provided See §14-7.5(C)(1):
Increase in maximum lot coverage if private open space is provided.
Same as R-1 to R-6 districts.
R7(I) 7. If public sewer and water are not provided, see Note 15. Same as R-1 to R-6 districts. Same as R1-R6 Districts Same as R1 to R6 districts Same as R-1 to R-6 districts Single-family dwellings: Same as R-1 to R-6 Districts
RC-5
RC-8
Gross Density Factor: RC- 5=5; RC-8=8. If public sewer and water are not provided, see Note 15. Same as R-1 to R-6 districts. All structures: 24 Gross floor area of all stories above the ground level shall not exceed 50 percent of the ground floor area; provided that in calculating the allowable second floor area of attached buildings the total gross heated area of the attached buildings shall be used regardless of ownership status. Street Note 4, 12 : None required if a yard wall between 6 and 8 feet high is built between building and street; otherwise, 7-foot street yard required. Side: 5-foot side setback required. Rear: If wall between 6 and 8 feet high is built, 5-foot rear setback required, and if no wall, 15-foot setback required. No portion of any story above ground-level story shall be closer than 15 feet from property line. Same as R-7 to R-9 districts. Same as R-1 to R-6 districts
R-10
R-12
R-21
R-29
R-10=10; R-12, R-21 and R-29=10 or per development plan or special use permit approval (see 14-7.2(F)). If public sewer and water are not provided, see Note 15. Net lot area -single-family dwellings: 3000 sq. ft. (may be reduced to 2000 sq. ft. if common open space is provided) Note 3. If public sewer and water are not provided, see Note 16. Multiple-family: As required to comply with gross density factor. R-21 and R-29: 24 (36 with development plan or special use permit approval, see 14-7.2(E)). R-10 and R-12: 24 (See Note 6 for required height stepback from side and rear property lines) Generally, setbacks are established by a development plan approved by the Planning Commission. See Subsection 14-7.2(D). Multiple-family of 6 or more units: 40. Single-family or multiple-family of fewer than 6 units: 40; 55 if private open space is provided. (See §14-7.5(C)(1):
Increase in maximum lot coverage if private open space is provided.)
Single-family dwellings or multiple-family dwellings: 250 square feet of common and/ or private open space for each unit
RAC Same as for R-21 district. Same as R-21 district. All structures: 24 (See Note 6 for required height stepback from side and rear property lines) Same as for R-7 through R-9 districts. Same as for R-10 to R-21. Also see § 14-7.2 (H): "Maximum Nonresidential Use Area in RAC District." Same as for R-21 district
MHP See §14-7.2(I). If public sewer and water are not provided, see Note 15.

 

NOTES:
 1. Provisions of overlay districts, including historic, escarpment or neighborhood districts may override standards in this table. Refer to Article 14-5 Overlay Zoning Districts and zoning map.
 2. See Section 14-7.2(B) Calculation of Allowable Dwelling Units, number of lots created and number of dwelling units constructed cannot exceed allowed density.
 3. See also Section 14-7.2(C) Lot Size Averaging in Single-Family Subdivisions.
 4. See Section 14-7.1(F)(4) Street Setback for Garage or Carport: A garage or carport with a vehicle entrance facing the street must be set back 20 feet from the streetproperty line as shown in Illustration 14-7.1-3.
 5. side and rearrequired yards, including the requirements in Note 6 of this Table 14-7.2-1, may be reduced with the concurrence of adjoining propertyowners as shown on a recorded agreement, plat or other recorded declaration signed by the adjoining propertyowners in a form approved by the land use director, and in compliance with the Building Code as set forth in Article 7-1 SFCC 1987 Building Codes; General Provisions. The yard reduction must be offset by provision of a corresponding increase in the yard provided on the adjoining lot.
 6. Within ten (10) feet of a side or rear property line, no point on a structure shall be higher than fourteen (14) feet above the finished grade at the closest point on the perimeter of the structure. Within fifteen (15) feet of a side or rear property line, no point on a structure shall be higher than twenty-four (24) feet above the finished grade at the closest point on the perimeter of the structure. (Ord. No. 2013-16 § 40)
 7. See also Section 14-8.4(J)(3) Buffer for Nonresidential Development Abutting Residential.
 8. See also Section 14-7.1(B) for calculation of maximum height limits.
 9. See Section 14-7.5 for qualifying open space regulations.
 10. See Section 14-7.5 (D) for amount of open space required for non-residential uses.
 11. See Subsection 14-7.1(B)(1) for calculation of net lot area.
 12. Street yard requirements apply to lot access driveways.
 13. The requiredrear yard is 5 feet for the types of accessorystructures specified in Subsection 14-6.3(B)(2) that are 14 feet or less in height and that are separated from principalstructures on the same lot by at least 10 feet.
 14. Except as otherwise provided in this chapter, the height limit and other development standards for accessorystructures are the same as for the associated principalstructures. Additional development standards for specified accessory uses are found in Subsections 14-6.3(B)(2) and 14-6.3(D).
 15. The maximum gross density in districts that permit residential use is 0.4 dwelling units per acre if neither public sewer or water is provided, and one dwelling unit per acre if either public sewer or water is provided, and 0.8 dwelling units per acre if the lot was created through an inheritance or family transfer subdivision that resulted in only one additional lot.
 16. The minimum required net lot area for single-family dwellings is 2.5 acres if neither public sewer nor water is provided, and is 1 acre if either public sewer or water is provided, except for a lot that was created through an inheritance or family transfer subdivision that created only one additional lot, which may have a minimum net lot area of 1.25 acres if the lot conforms to all requirements and restrictions for such subdivisions and obtains well and septic assurances from the state of New Mexico.

 

(B)

Calculation of Allowable Dwelling Units

Prior to any development approval, the maximum allowable number of dwelling units shall be calculated for the site as a whole as follows:

(1)

determine the total number of acres in the site to two decimal places, as certified by a professional land surveyor or professional engineer; and

(2)

determine the total flood way acres in the site to two decimal places, as certified by a professional land surveyor or professional engineer; and

(3)

subtract the sum of the flood way acres calculated in Subsection 14-7.2(B)(2) from the total number of acres of the site calculated in Subsection 14-7.2(B)(1);

(4)

multiply the remaining acres by the applicable gross density factor of the district as shown in Table 14-7.2-1;

(5)

for a parcel, any portion of which lies in the area labeled as mountainous and difficult terrain on Exhibit "I" following Chapter 14 and where twenty-five percent or more of the parcel has a natural slope greater than twenty percent, multiply the result calculated in Subsection 14-7.2(B)(4) by 0.75;

(6)

if the result is other than a whole number, the number shall be rounded down to the nearest whole number except as set forth in Subsections 14-7.2(B)(7) or (8). This is the allowable number of dwelling units for the site;

(7)

if the calculation is for a family transfer subdivision as set forth in Subsection 14-3.7(F)(2)(b) and the result in Subsection 14-7.2(B)(6) is other than a whole number, the number may be rounded up if it is five-tenths or more except that the number will be rounded down if neither public sewer nor water is provided;

(8)

if the result in Subsection 14-7.2(B)(6) is other than a whole number, the number may be rounded up if it is five-tenths or more; provided that the additional unit resulting from the rounding up meets the requirements of Santa Fe Homes Program (SFHP) set forth in Section 26-1 SFCC 1987 (Santa Fe Homes Program) or is a low-priced dwelling unit meeting the requirements set forth in Section 26-2.3 SFCC 1987 (Requirements for Low-Priced Dwelling Units);

(9)

SFHPdevelopment incentives pursuant to Section 14-8.11(G) may increase the maximum number of dwelling units allowed on any site; however, if a development plan has been approved, in no case shall more dwelling units be constructed than described on the approved development plan.

(10)

The minimum net lot area requirement for single-family dwellings shall be as established in Subsection 14-7.1(B)(1), Table 14-7.2-1 and Subsection 14-7.2(C); however, the number of dwelling units, and the number of lots occupied by single-family dwellings in a residential subdivision shall not exceed the number provided by this Subsection 14-7.2(B). (Ord. No. 2014-31 § 22)

(11)

The allowable number of dwelling units shall not be exceeded for the site as a whole, regardless of subdivisions or lot splits. In the event of subdivision, including lot split, the allowed number of dwelling units shall be allocated among all resulting parcels so that no parcel exceeds the allowable number of units for that parcel calculated separately and the total number of units on all parcels shall not exceed that of the original site as a whole. A note shall be placed on the plat or development plan prior to recording the first and each subsequent subdivision or lot split that prohibits a further increase in the number of dwelling units for each portion of the site unless approved by the governing body as a rezoning action or other action authorized by Chapter 14.

(C)

Lot Area Averaging in Single-Family Subdivisions

(Ord. No. 2014-31 § 23)

(1)

It is intended that the common open space required in single-family subdivisions where the lot area has been reduced from that of a conventional subdivision be a compensation to occupants for reduced lot area. It is further intended that common open space be usable and be provided for occupants outside of the lot but within the subdivision.

(2)

The minimum lot area requirement for single-familystructures is specified in Table 14-7.2-1; however the lot area may be reduced to a minimum of two thousand (2,000) square feet if common open space is provided equal to the sum of lot area reductions within the subdivision.

(D)

Minimum Yard Requirements

(Ord. No. 2014-31 § 24)

Minimum yard requirements in the R-10, R-12, R-21 and R-29 districts shall be established by an approved development plan or as set forth in this Subsection 14-7.2(D).

(1)

To facilitate creative and responsive housing types in medium to high densitydevelopments, an applicant may request approval of a development plan establishing minimum required yards different than the default required yards required by Subsection 14-7.2(D)(2). The required yards shall be based upon their relationship to the overall development and its purpose and their relationship to surrounding properties.

(2)

If minimum required yards are not established by an approved development plan as set forth in this Subsection 14-7.2(D), the minimum required yard shall be:

(a)

with the exception of detached utility sheds which must be located as set forth in Section 14-6.3(B)(2)(a), the minimum street yard shall be ten (10) feet for multiple-familybuildings containing six or more dwelling units, and seven (7) feet for all other buildings. The distance between a garage or carport facing the street and the front property line shall be as provided in Section 14-7.1(F)(4); and

(b)

except as otherwise provided in Table 14-7.2-1 Notes 13 and 14, the other required yards shall be a minimum of five (5) feet subject to the stepback requirements of Section 14-7.1(C)(1)(c) General Height Standards and Table 14-7.2-1 Note 6. For all structures other than multiple-familybuildings containing six or more dwelling units, zero-foot other yards are allowed with the concurrence of adjoining propertyowners as provided in Table 14-7.2 Note 5.

(3)

Other permissible structures have the same required yards as those set forth in this Subsection 14-7.2(D) unless otherwise specified

(E)

Increase in Maximum Height in R-21 and R-29 Districts

(1)

A height up to thirty-six (36) feet in R-21 and R-29 districts may be approved provided that the request is part of a development plan or special use permit requiring approval by a land use board or the governing body.

(2)

In evaluating the proposed height, the following factors shall be considered:

(a)

if the future land use designation shown on the general plan is high densityresidential;

(b)

the need for the increased height; however, financial gain or loss shall not be the sole determining factor;

(c)

if the height is needed to make the proposed development more affordable, what level of affordability will be provided and how that affordability will be guaranteed long term;

(d)

heights of existing buildings in the vicinity; and

(e)

impacts of the increased height upon the neighborhood and the community so that the increased height does not significantly interfere with the enjoyment of other land in the vicinity and is consistent with the spirit of Chapter 14 and in the general public's interest.

(3)

In approving the proposed height, the planning commission or board of adjustment may establish such conditions as the commission or board deems appropriate.

(4)

This Subsection 14-7.2(E) does not supersede height restrictions established within a historic district or other overlay district.

(F)

Increase in Maximum Density in R-12, R-21 and R-29 Districts

(Ord. No. 2013-16 § 41)

(1)

Residentialdensity up to twelve dwelling units per acre in an R-12 district; up to twenty-one dwelling units per acre in an R-21 district; and up to twenty-nine dwelling units per acre in an R-29 district may be approved provided that the proposed density is part of a development plan or special use permit requiring approval by a land use board or the governing body.

(2)

In evaluating the proposed density, the following factors shall be considered:

(a)

if the future land use designation shown on the general plan is high densityresidential;

(b)

the need for the increased density; however, financial gain or loss shall not be the sole determining factor;

(c)

if the increased density is needed to make the proposed development more affordable, what level of affordability will be provided and how that affordability will be guaranteed long term;

(d)

densities of existing developments in the vicinity; and

(e)

impacts of the increased density on the neighborhood and the community so that the increased density does not significantly interfere with the enjoyment of other land in the vicinity and is consistent with the spirit of Chapter 14 and in the general public's interest.

(3)

In approving the proposed density, the planning commission or board of adjustment may establish such conditions as the commission or board deems appropriate.

(4)

The provisions of this Subsection 14-7.2(F) do not apply to construction or modification of an individual single-family dwelling and related accessory structures on a legal lot of record.

(G)

Increase in Maximum Density in RR District

In the RR district, if public sewer and water are provided, the maximum gross density may be increased to three dwelling units per acre if forty percent of the site remains undeveloped and is dedicated to a homeowners' association or other private entity as common open space accessible to the residents of the development. The land to remain undeveloped is also intended to serve as a buffer to adjoining property and to protect natural features and may be counted toward the common open space requirements set forth in Table 14-7.2-1 and Section 14-7.5(B). As an alternative, and on approval of the city as to its suitability, all or part of the designated open space may be dedicated to the city as park or open space accessible to the public. Land dedicated to the city may be counted toward the park and open space requirements set forth in Section 14-8.15 (Dedication and Development of Land for Parks, Open Space, Trails and Recreation Facilities).

(H)

Maximum Nonresidential Use Area in RAC District.

(Ord. No. 2014-31 § 25)

Not more than three thousand (3,000) square feet of the gross floor area of a building shall be devoted to nonresidential uses that are not also permitted uses or special use permit uses in the R-21 district.

(I)

Mobile Home Park Standards

(Ord. No. 2012-37 § 5)

(1)

Applicability

The provisions of this Subsection 14-7.2(I) apply to mobile home parks in existence prior to December 10, 2012 (effective date of this Ordinance No. 2012-37).

(2)

General Site Standards

(a)

Qualifying open space shall be provided as required for development in the R-7 district as provided in Subsection 14-7.5(C).

(b)

The mobile home park site shall be graded to ensure proper drainage.

(c)

The mobile home park shall provide spaces that are well defined and delineated. Minimum lot size per mobile home unit shall be four thousand (4,000) square feet.

(d)

Each mobile home space shall provide a mobile home stand of concrete footing adequate to support a mobile home. The stand and space shall be graded to provide adequate storm drainage away from the mobile home.

(e)

A maximum of seven mobile home spaces per acre shall be allowed in any mobile home park.

(f)

There shall be at least a twenty (20) foot clearance between mobile homes. No mobile home shall be located closer than ten (10) feet to any building or to any property line. accessorystructures such as decks and stairways may be attached to the mobile home to which they provide access, but shall be separated from other buildings and structures by ten (10) feet.

(g)

Each mobile home space shall be provided with two off-street parking spaces, which shall be paved or covered with crushed stone or other suitable material. No on-street parking shall be allowed.

(h)

Walkways not less than thirty-six (36) inches in width shall be provided from all mobile home spaces to all service buildings.

(i)

All driveways and walkways within the mobile home park shall be hard-surfaced and well lighted.

(j)

All private subcollector, lane and place streets within the mobile home park shall have a minimum pavement width of twenty-four (24) feet. Private collector streets within the mobile home park shall have a minimum pavement width of thirty (30) feet. All public streets shall comply with the right-of-way requirements and subdivision design standards set forth in Article 14-9 SFCC 1987 (Infrastructure Design, Improvement and Dedication Standards) except as specified in this Section 14-7.2.

(k)

The perimeter of the mobile home park shall be landscaped and fenced. Landscaping shall consist of deciduous canopy trees spaced no more than twenty (20) feet apart, having a minimum two (2) inch caliper at the time of planting. Fencing shall consist of either a six (6) foot tall solid wall or fence constructed of opaque materials.

(l)

All mobile home parksigns shall conform to the requirements of Section 14-8.10 (Signs).

(3)

Service Buildings

(a)

If provided, service buildings that house sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

(b)

Service buildings shall be:

(i)

well-lighted at all times of the day and night;

(ii)

well-ventilated with screened openings;

(iii)

constructed of moisture-proof material, which may be painted woodwork, that allows for repeated cleaning and washing;

(iv)

maintained at a temperature of at least sixty-eight degrees Fahrenheit during the period from October 1 to May 1; and

(v)

have floors of water-impervious material.

(c)

All service buildings and the grounds of the mobile home park shall be maintained in a clean, sightly condition and kept free of any condition that menaces the health of any occupant or the public or constitutes a nuisance.

(4)

Solid Waste Containers

Solid waste containers shall be provided, maintained and emptied in accordance with applicable regulations and as approved of the Solid Waste Division.

(5)

Fire Protection

Every mobile home park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the mobile home park as to satisfy applicable reasonable regulations of the fire department.

(6)

Supervision

An attendant or caretaker shall be in charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the permittee, for violations of any provision of this Section 14-7.2 to which the permittee is subject.

(7)

Manufactured Homes in Mobile Home Parks

Manufactured homes are permitted in mobile home parks in existence prior to December 10, 2012 (effective date of this Ordinance No. 2012-37).

(Ord. #2021-13, §§ 2, 3)

14-7.3 - NONRESIDENTIAL AND MIXED-USE DISTRICTS

(A)

Table of Dimensional Standards

(Ord. No. 2013-16 § 42; Ord. No. 2014-31 § 26)

The standards set forth in this table apply to all principal and accessorystructures unless otherwise provided in Chapter 14.

TABLE 14-7.3-1: Table of Dimensional Standards for Nonresidential Districts (Note 1)
D
I
S
T
R
I
C
T
Minimum District and Lot SizeMaximum Height of StructuresMinimum Setback
Requirements
(feet)
See Note 1 for additional
setback regulations
Maximum Lot Coverage (%)
See Note 8 for non-residential open space requirements
C-1 Same as R-21 district including residentialdensity and open space requirements: See Table 14-7.2-1 (Ord. No. 2013-16 § 42) 36 Nonresidential Uses:
Street: 10
Side: 5
Rear: 10
Residential Uses: Same as for R-21 district.
Nonresidential
Uses: 60

Residential Uses: 40
C-2 None

Also see §14-7.5(D)(8)(c): Open Space Requirements
45 Street: 15
Side: 0
Rear: 10 (See Note 2 for setback abutting residential district)
60
C-4 For residential uses, same as contiguous residential district (See Note 10) For nonresidential uses, see 14-7.5(D)(8)(d): "Minimum Open Space Requirements" (Ord. No. 2013-16 § 42) 24 (See note 6 for height stepback from property lines) (See note 6 for height stepback from property lines)
Nonresidential Uses:
Street: 10
Side: 5
Rear: 10
Residential Uses: Same as R-21 zoning district
Nonresidential
Uses: 60
Residential Uses:
40
HZ 21,780 sq ft 70 for a hospital in the Las Soleras Hospital District;
36 otherwise
Same as for R1-R5 Districts. In the Christus St. Vincent Hospital Zone District: Gross floor area shall not exceed 30% of total lot area.

In the Las Soleras Hospital Zone District: floor area ratio shall not exceed 1.8:1
I-1 None, except as may be needed to satisfy other limitations applicable to an I-1 District. 65 (provided that any part of the building exceeding 36 feet in height shall be set back from each yard line at least one foot for each two feet of additional building height above 36 feet) Same as for C-2 District. 50
I-2 None, except as may be needed to satisfy other limitations applicable to an I-2 District. Same as I-1 District. Street: 15
Side: 10 if abutting a residential district; 5 if not abutting a residential district
Rear: 25 if abutting a residential district; 10 if not abutting a residential district
60
BIP Minimum District Size: 4 acres Note 3 No portion of any structure located within 25 feet of any residential zoning district or residential use shall exceed 24 feet in height
Maximum height calculation shall not include a parapet.
- Structures may exceed 24 feet, not to exceed 36 feet, exclusive of the parapet, provided the structurewall shall be stepped back two horizontal feet for each vertical foot of additional height up to the maximum permitted.
No building, parking or loading facilities, or driveway shall be located less than 50 feet from the boundary of any residential use or residential zoning district Note 4 None, except to meet the open space, setback, parking, and other applicable requirements
PRC
NOTE 9
Minimum District Size: 160 acres —- —- —-
PRRC
NOTE 9
Minimum District Size: 160 acres —- —- —-
SC1
SC2
SC3
Minimum Lot Requirements: Note 5
SC1: 5 acres
SC2: 10 acres
SC3: 40 acres

See also §14-4.3(K)(2),
"Rezoning to the SC district"
SC1: 35
SC2: 45
SC3: 45
The requirements for minimum yards in SC districts shall be equivalent to the minimum yard requirements in any adjoining zoning district. None
MU None, except as may be needed to satisfy other limitations applicable to a MU district
Also see § 14-7.5(D)(8)(b) for open space requirements.
A maximum height of 35 feet shall be permitted where two or more stories are included in a building; where the mixed-usedevelopment is located adjacent to residential uses or residential zoning, all buildings and structures within 70 feet of the adjoining residentialproperty line shall not exceed 25 feet in height.
Also see §14-7.3(B)(1) for step-back requirements.
Street: Equivalent to the minimum yard requirements in any adjoining residential zoning district if not separated by a street; otherwise none is required.
Side: 30 feet from property line when abutting a residential district; 5 feet from property line if not abutting a residential district. Right of way may be counted as part of setback.
Rear: 30 feet from property line when abutting a residential district; 10 feet from property line if not abutting a residential district. Right of way may be counted as part of setback.
Also see §14-7.3(B)(1) for separation requirements.
None, except as may be needed to satisfy other limitations applicable to a MU district
Also see §14-7.3(B)(1) for footprint requirements and residential requirements

 

TABLE 14-7.3-1: Table of Dimensional Standards for Nonresidential Districts (Note 1)
NOTES:
 1. Additional regulations, see also:
 Section 14-5 Overlay Districts and official zoning map. Provisions of overlay districts, including historic, escarpment or neighborhood districts may override standards in this table;
 Section 14-8.4(J)(3), fifteen-foot buffer required for nonresidential uses adjacent to residential uses;
 Section 14-8.4(I)(2)(d), five-foot planting strip where parking lot abuts requiredstreet yard;
 Section 14-8.2(D)(4)(e)(i), setback from shoulder of arroyo, stream or watercourse; and
 Section 14-7.1(D), required yards.
 2. Additional regulations: Rear yard ten feet, except on the rear of a lot abutting a residential district, in which case there shall be a requiredrear yard of not less than twenty-five feet or twenty percent of the depth of the lot, whichever is the least. See also Section 14-8.4(J)(3) Landscape Buffer for Nonresidential Uses, fifteen-foot buffer required for nonresidential uses adjacent to residential uses.
 3. Additional regulations: The minimum total area of a BIP district shall be four acres. The minimum total area may be further divided into individual lots; however, the site shall be master planned in its entirety and the master plan approved by the planning commission.
 4. Additional regulations: The planning commission may consider reduced required yards to allow for greater flexibility in site design, and based on the proposed use and site development proposal. Required yard reduction may also be mitigated by other factors, including topography, proposed fences or walls or dense landscape separation. In no case, however, shall the required yards be less than twenty-five feet.
 5. Additional regulations: Lots may be combined to meet the minimum site requirements or subdivided smaller than the minimum site requirements; provided that the planned shopping center district shall be preserved in such ownership or control so as to ensure the continued maintenance of private common use areas, including open space, drives, walks and off-street parking and loading facilities. This shall be accomplished by contracts, agreements, deed restrictions, covenants running with the land or other instruments in writing.
 6. Within ten feet of a side or rear property line, no point on a structure shall be higher than fourteen (14) feet above the finished grade at the closest point on the perimeter of the structure. Within fifteen feet of a property line, no point on a structure shall be higher than twenty-four feet above the finished grade at the closest point on the perimeter of the structure.
 7. RESERVED
 8. See Section 14-7.5(D) for amount of open space required for non-residential uses.
 9. In the PRC and PRRC districts, development standards shall correspond to the approved master plan as provided in Subsections 14-3.9(C)(3) and 14-3.8(C)(3).
 10. Maximum residentialdensity and minimum residentialopen space requirements for a C-4 parcel are the same as permitted in the lowest-density contiguous residential district. If there is no contiguous residential district, requirements are the same as for the closest residential district. In no case shall the requirements be more restrictive than for the R-8 district. (Ord. No. 2013-16 § 42)

 

(B)

Additional Regulations

(1)

MU District Standards

(a)

Architectural Step-Backs

Third floors shall have a step-back (balcony or roof area) of a minimum of five (5) feet from all the building'sfaçades at the ground level.

(b)

Separation of Uses

Where

any of the following uses exist on an adjoining site, group living or household living uses shall be separated from the following uses by a minimum distance of fifty (50) feet:

(i)

a drive-through use or facility, including gas stations, car washes, restaurants and banks;

(ii)

animal hospitals or clinics with external overnight boarding;

(iii)

child day care facilities with more than thirty children;

(Ord. No. 2012-11 § 21)

(iv)

outdoor storage of material;

(v)

restaurants and bars operating between the hours of 10:00 p.m. and 7:00 a.m.;

(vi)

liquor stores;

(vii)

hotels and motels; and

(viii)

any land use that the planning commission determines will produce environmental impacts, processes or products that are incompatible with residential uses, and that is noted on the approved master plan or development plan.

(c)

Building Tenant Space

No single commercial tenant space shall exceed a total of twenty thousand (20,000) square feet.

(d)

Residential Uses

(i)

Residential uses shall consist of at least forty percent of the development's total floor area if located adjacent to residentially zoned districts. If not, residential uses shall consist of at least twenty percent of the development's total floor area. The master plan, plat and development plan shall show this residential/commercial mix.

(ii)

Buildings of twenty-five (25) feet or less in height shall not exceed a maximum of twelve (12) dwelling units per acre and buildings of between twenty-five (25) feet and thirty-five (35) feet or less in height shall not exceed fourteen (14) dwelling units per acre.

(iii)

Each dwelling unit shall be provided with a minimum of two hundred fifty (250) square feet of qualifyingprivateor common open space.

(2)

Property Formerly Zoned Industrial Park

Any property previously zoned industrial park with master plan approval on or before the date of adoption of the BIP zoning district shall be governed by and subject to the approved master plan. Where a conflict exists between the approved master plan and the requirements of this Section 14-7.3, the more lenient standard shall prevail.

14-7.4 - BUSINESS-CAPITOL DISTRICT

(A)

Table of Dimensional Requirements for Townscape Subdistricts

14-7.4(A)-1 Table of Dimensional Requirements for Townscape DistrictsNote 1

Maximum Height of Structures (feet); Stepback Note 2Maximum Lot Coverage RatioBuilding Placement and Setback Requirements (feet)Minimum Open Space RequirementsLandscape Treatment in YardsHeight of Walls and Fences (feet)Placement of Off-Street ParkingPortals
Alameda Street
56

Stepback:
1' Horiz.:
2' Vert. above 36'
67%, for portion of block bounded by Cathedral Place, Alameda, Paseo de Peralta and Palace Avenue. None for remainder of this district No requirements None generally, except on lots fronting Alameda Street, where open space equal in area to the front footage multiplied by 2.5 feet must be provided adjacent to front property line Required for lots fronting Alameda St. Note 3 With the exception of buildings fronting Alameda Street, buildings set back from the public ROW shall have a solid wall of stuccoed masonry no less than 3 and no greater than 3 feet high along public ROW No requirements Portals prohibited within ROW on lots fronting Alameda Street
Barrio De Analco
West portion: 24
East portion: 18
67% West portion: Buildings may be 7 feet maximum from property line
East portion: No restrictions
No requirements Note 3 Walls and fences up to 8 feet high permitted Parking prohibited in required front yards Permitted within ROW at discretion of Governing Body
Cerrillos Road
45

Stepback:
1' Horiz.:
2' Vert. above 27'; wall stepbacks shall be a minimum of 10 horizontal feet.
No requirements 15 minimum on Cerrillos; where a lot abuts a residential district outside of the BC district, the requirements for the residential district shall be met along the common property line No requirements Note 3 No restrictions No restrictions Prohibited within ROW
Don Gaspar
24 No requirements Building setback requirements:
Street: 10
Side: 5
Rear: 15
No requirements No requirements No restrictions Parking prohibited in required front yards Prohibited within ROW
East Marcy/East Palace
27 No requirements Building setback requirements:
Street: Note 4
Side: 5
Rear: 10
Open space of no less than 10 percent of the lot area shall be located adjacent to the front property line to serve as yard or courtyard Landscape treatment required in yards and open space. Street trees and landscape treatment required if planting strip exists. Asphalt or concrete pavement prohibited in planting strip. Note 3. Walls, fences, and hedges permitted to maximum of 4 feet Parking prohibited in required front yard Prohibited within ROW
Loretto
Note 5 No requirements No requirements None generally, except on lots fronting Alameda Street, where open space equal in area to the front footage multiplied by 2.5 feet must be provided at some points adjacent to the Alameda property line Note 3 Walls or fences not to exceed 7' required for front yards on Old Santa Fe Trail frontage.
Elsewhere, walls or fences not to exceed 8' required for front yards where buildings are set back from the right-of-way
Note 6 Prohibited within ROW on lots fronting Alameda Street, elsewhere permitted at discretion of Governing Body
Marcy
42
1' Horiz.:
1" Vert. above 24';
wall stepbacks shall be a minimum of 10 horizontal feet.
No requirements Note 7 An open space of no less than 10 percent of the lot area shall be located adjacent to the front property line to serve as a yard or courtyard Same as East Marcy/East Palace Subdistrict 4 maximum Parking prohibited in front yard Prohibited within ROW
McKenzie Street
24 No requirements Building setback requirements:
Street: 10
Side: 5
Rear: 15
No requirements Note 3, Note 8. No restrictions Parking prohibited in required front yard Prohibited within ROW
Old Santa Fe Trail
24 No requirements 10 maximum from front property line No requirements Landscape treatment required in front yard Walls and fences not exceeding 5 feet are required for front yards. Fences may be of wrought iron. Parking prohibited in front yard Permitted over ROW at discretion of Governing Body
Plaza/San Francisco
36 No requirements Note 9 No requirements No requirements If in H District, as specified in §14-5.2 Parking must be located off-site or in rear yard, with access from rear Permitted within ROW at discretion of Governing Body
Rosario Blvd./NW Paseo de Peralta
36 67% On the north side of Paseo de Peralta, buildings shall be set back from the sidewalk a minimum of 20 feet; residential district setback applies along common property line where lot abuts a residential district. None, except to meet yard requirements Note 3 No requirement, except to meet landscape treatment requirements No restriction Prohibited within ROW
Sandoval/Montezuma
36 67% Where lot abuts residential area, must meet setback requirements for abutting residential district along common property line No requirements Required; Note 3 No restrictions No requirements Prohibited on lots fronting Guadalupe and Sandoval Streets, elsewhere permitted within ROW at discretion of Governing Body
State Capitol
48 50% Minimum setback from street must equal building height; minimum side yard building setbacks of 5 feet No requirements Required; Note 3 No walls allowed, except for retaining walls, existing walls around parking lots, and walls or fences around delivery or trash areas No requirements Prohibited within ROW
Westside
24 No requirements Building setback requirements:
Street: 10
Side: 5
Rear: 15
No requirements No requirements No restrictions No requirements Prohibited within ROW

 

Notes:
 1. Provisions of overlay districts including historic, escarpment or neighborhood districts may override standards in this table. Refer to Article 14-5 Overlay Districts and zoning map.
 2. Wall stepbacks are expressed as ratio of increased horizontal setback required to vertical height increase, above a specified building height. Example: 1' Horiz: 2' Vert. above 36' means that a wall stepback equivalent to one horizontal foot for each two vertical feet over thirty-six feet is required. The stepback required shall be measured horizontally from the face of the buildingfaçade or portal. Wall stepbacks shall be measured vertically from grade for all walls except those that directly abut another zero lot linebuilding, in which case the vertical measurement may be taken from the roof plane of the abutting building; and those to which a portal is attached, in which case the vertical measurement may be taken from the roof plane of the portal.
 3. On-site parking must be separated from public sidewalks by a solid wall no less than three feet in height or by a landscaped area no less than four feet in width measured from the back of the sidewalk; or, in the absence of a sidewalk, from the property line, and planted with plant materials whose mature height is at least three feet six inches. Landscaping must be protected from vehicular damage by placement of physical barriers.
 4. There is a ten-foot buildingsetback requirement in the East Marcy/East Palace Subdistrict, except (a) on the north side of Marcy Street between Otero Street and Paseo de Peralta; and (b) both sides of Palace Avenue between Paseo de Peralta and Delgado Street, where a frontrequired yardbuildingsetback equal to the average depth of existing front yards on the block is required.
 5. No portion of a building shall exceed sixty-five vertical above a point at grade level at the center of the site. The part of a building exceeding thirty-six vertical feet above a point at grade level at the center of the site shall be set back from each abutting public streetright-of-way line at least one foot for each two feet of building height above thirty-six feet.
 6. No restrictions, except that for a depth of forty feet from the property line for that portion of the Old Santa Fe Trail frontage from Water Street to a line drawn directly west from the northern-most wall of Loretto chapel, there shall be no parking.
 7. Frontrequired yard equal to the average depth of existing front yards on the block shall be required for (a) the east side of Washington Avenue between Place Avenue and Paseo de Peralta (Hillside); and the west side of Grant Avenue between Place Avenue and Paseo de Peralta. Elsewhere in the subdistrict there are no required yards.
 8. Landscape treatment required in required yards and open space. Street trees and landscape treatment required if planting strip exists. The planting strip should have a minimum width of three feet. Asphalt or concrete pavement prohibited in planting strip.
 9. Buildings fronting San Francisco Street between Sandoval and Cathedral Place shall be built to the streetproperty line. Buildings elsewhere in the subdistrict should also be built to the streetproperty line, but where a building is set back from the streetright of way, a solid wall shall be built at the streetproperty line unless at least eighty percent of the yard is paved and designated for public pedestrian use. There are no required yards in this subdistrict.

 

(B)

Additional Regulations

(1)

Standards for Entire District

(a)

Baseline Land-Use Intensity

For the BCD in general, the baseline floor area ratio shall be 2.0:1, except for the Plaza/San Francisco, Alameda, redevelopment and Loretto subdistricts, where the baseline floor area ratio shall be 2.5:1; provided, however, that a baseline floor area ratio of 2.5:1 shall not be allowed if it is judged to be incompatible with an adjacent neighborhood or townscape subdistrict. Areas within a structure, the ceiling of which are below average finished grade, and at-grade parking areas, do not count toward the allowable floor area.

(b)

Land-Use Intensity Credits:

(i)

a land-use intensity credit of up to fifty percent of all floor area in residential use may be granted in conjunction with approval of a master plan, development plan or special use permit, provided that no floor area ratio shall exceed 3.0:1. The additional floor area granted may be used for any permitted use. Floor area granted as a credit is not eligible for any additional credit. Floor area of parking structures above-grade count toward gross floor area except for the floor area of roof deck parking. Subsurface areas and at-grade parking areas do not count toward the allowable floor area;

(ii)

the final floor area ratio of a project, including land-use intensity credits, shall be limited by infrastructure capacity and townscape standards, where applicable; and

(iii)

calculation of the floor area ratio shall include existing structures on a legal lot of record where development is proposed.

(c)

Drive-in or Drive-through Facilities

Drive-in or drive-through facilities are permitted as principal or accessory uses and structures in the Rosario Boulevard/Northwest Paseo de Peralta, Sandoval/Montezuma and Cerrillos Road Subdistricts, where traffic generated by the use will not substantially interfere with existing vehicular and pedestrian traffic. Drive-in or drive-through facilities are prohibited in the other subdistricts of the BCD.

(2)

Standards for Redevelopment Subdistricts
(Ord. No. 2013-16 § 43)

(a)

Land-use Intensity:

(i)

transfer of allowed floor area, including land use intensity credits, within a property or between contiguous properties with a single ownership and within a project is allowed; and

(ii)

public benefit uses shall not count against the allowable floor area for a parcel.

(iii)

The maximum baseline floor area ratio permitted is 2.5:1 unless provided otherwise in the master plan or at the time of rezoning pursuant to Section 14-4.3(E)(4)(b)(ii).

(b)

Maximum Height of Buildings

The maximum building height permitted in a redevelopment subdistrict shall not exceed sixty-five (65) feet; provided, however, that the maximum height shall be compatible with the character of adjacent subdistricts and the surrounding neighborhood.

(c)

Additional Standards

Additional standards for redevelopment subdistricts are located in the subdistrict master plan. Development in a redevelopment subdistrict shall comply with the master plan. If no master plan has been approved for a portion of a redevelopment subdistrict, development must conform to the standards of the adjacent or nearest BCD subdistrict.

(3)

Design Objectives for Individual Townscape Subdistricts

The best existing qualities of the individual townscape subdistricts should be preserved, while encouraging diversity of design in the individual townscape subdistricts. New development should be harmonious with the specific physical characteristics and development and design objectives listed below:

(a)

Alameda Street Subdistrict:

(i)

allow more intensive development because of the lack of historical or well-defined townscape characteristics;

(ii)

strengthen continuity of block forms;

(iii)

strengthen the built edge of street sections and extend features of the Plaza streetscape to this district;

(iv)

improve the sense of enclosure to pedestrian spaces;

(v)

separate vehicles and pedestrians;

(vi)

emphasize the river park by allowing relatively dense buildings north of the Alameda in contrast to the park;

(vii)

recognize the importance of the river as an urban design feature; and

(viii)

provide some natural landscape on the north side of the Alameda to reflect the natural landscape of the Santa Fe river park.

(b)

Barrio de Analco Subdistrict:

(i)

maintain narrow streets and closely spaced small buildings;

(ii)

avoid the widening of existing streets;

(iii)

maintain the historic character and residential scale of buildings; and

(iv)

maintain and encourage enclosed courtyards.

(c)

Cerrillos Road Subdistrict:

(i)

recognize this area as one undergoing renewal;

(ii)

encourage the redevelopment of large parcels;

(iii)

provide flexible and permissive standards to encourage redevelopment and imaginative design;

(iv)

develop this area as an entranceway to the downtown with consideration for safety due to high traffic volume;

(v)

discourage massive, block-shaped buildings; and

(vi)

encourage the concept of this area as a gateway to downtown Santa Fe.

(d)

Don Gaspar Subdistrict:

Maintain the small scale and residential character and streetscape.

(e)

East Marcy/East Palace Subdistrict:

(i)

maintain the continuity of blockfaces, including street trees and yards;

(ii)

retain the residential scale of the area by limiting building heights and requiring yards;

(iii)

encourage low walls that are compatible with the characteristic open yards; and

(iv)

encourage a sense of openness.

(f)

Loretto Subdistrict:

In recognition of City Council Resolution 1971-3, the design and development standards in the Loretto subdistrict:

(i)

encourage the continued redevelopment of this subdistrict; and

(ii)

provide for architectural harmony within the subdistrict and with adjoining subdistricts.

(g)

Marcy Street Subdistrict:

(i)

maintain street trees and stands of trees as dominant elements in the subdistrict;

(ii)

maintain avenue features, such as broad streets, planting strips, street trees and wide sidewalks;

(iii)

maintain a sense of openness to provide occasional view of the mountains;

(iv)

separate pedestrians from vehicles using planting strips and street trees while providing an enclosed space; and

(v)

maintain the relationship between the height and mass of trees and the height and scale of buildings.

(h)

McKenzie Street Subdistrict:

(i)

maintain the residential scale;

(ii)

maintain yards, with or without fences; and

(iii)

maintain separation of individual structures.

(i)

Old Santa Fe Trail Subdistrict:

(i)

maintain the small scale quality of buildings and streets;

(ii)

maintain the existing width of the old Santa Fe Trail;

(iii)

maintain the scale of buildings; and

(iv)

encourage compliance by the state in design of future development.

(j)

Plaza/San Francisco Subdistrict:

(i)

maintain narrow streets and continuous streetfaçades;

(ii)

encourage additional portals for pedestrian use and provide continuity of building mass;

(iii)

limit building height to heights characteristic of existing buildings;

(iv)

encourage high walls to separate open or vacant areas from the public right of way and provide continuity of streetfaçade;

(v)

except for Plaza and Cathedral areas, confine landscaping to interior patios or walled courtyards; and

(vi)

emphasize verticality of façades on San Francisco Street.

(k)

Rosario Boulevard/NW Paseo de Peralta Subdistrict:

(i)

recognize the area as one in the process of change;

(ii)

facilitate the redevelopment of large parcels within single ownership;

(iii)

provide flexible standards that encourage redevelopment and diversity of design;

(iv)

emphasize the strategic position of this area as a gateway into downtown Santa Fe; and

(v)

provide standards that minimize the impact or height and bulk of structures on the entryways to the downtown.

(l)

Sandoval/Montezuma Subdistrict:

(i)

recognize that the area is in transition;

(ii)

encourage adaptive reuse of existing buildings on Guadalupe Street and existing bungalows on west Manhattan, Read, Garfield, Montezuma and Aztec Streets;

(iii)

maintain and strengthen the continuity of the existing streetfaçade on the east side of Guadalupe Street;

(iv)

encourage access from side streets;

(v)

discourage additional curb cuts on main streets; and

(vi)

encourage redevelopment of under-used property along Sandoval Street and Cerrillos Road.

(m)

State Capitol Subdistrict:

(i)

retain the open "campus" quality of this area as a contrast to surrounding developed areas;

(ii)

recognize the area as complementary to the Santa Fe river park; and

(iii)

maintain intensive landscape treatment.

(n)

Westside Subdistrict:

Maintain the small scale and residential character and streetscape.

14-7.5 - OPEN SPACE STANDARDS

(Ord. No. 2014-31 § 27)

(A)

General Provisions

Open space shall be provided that meets the minimum standards of this Section 14-7.5, Section 14-8.4(H) Open Space Planting Requirements and other applicable requirements of Chapter 14. All required open space shall meet the following standards:

(1)

Open space consists of areas that are landscaped or that preserve natural vegetation, and may include outdoor facilities for passive or active recreation.

(2)

Open space does not include streets, driveways, parking or loading areas, fire apparatus access roads and turnarounds, storage areas or buildings.

(3)

Residential open space must be provided for each unit in the total amount specified in Table 14-7.2-1. common or private open space may be provided in any combination that meets applicable standards. Private open space provided in excess of the minimum requirement for a unit may not be used to reduce the open space for any other unit.

(B)

Residential Common Open Space Standards

(1)

The intent of common open space is to provide useable outdoor space for residents of developments, promote compact urban form, screen and buffer conflicting zoning categories and, in general, enhance the quality of the urban environment. Where appropriate, open space should contribute to the preservation of Santa Fe's natural features, especially hillsides and arroyos. Consideration shall be given to providing wildlife habitat, especially by providing open space along arroyos, stream corridors and linkages to other habitat areas. To the greatest extent possible, connections shall be provided to public open space and the urban trail system and bicycle paths or in such a way that a future connection is facilitated. The most appropriate use or uses for outdoor space shall be proposed and assessed on a case-by-case basis and may include active or passive use.

(2)

A minimum of fifty percent of common open space shall be useable space for active or passive recreation or pedestrian ways that include interior sidewalks and patios. The land use director, a land use board or the governing body may require tot lots or other play areas and equipment, walking paths, benches and lighting.

(3)

Common open space may include areas used for retention or detention of stormwater provided that all other applicable standards are met.

(4)

Common open space shall be no less than fifteen (15) feet in any dimension and no less than five hundred (500) square feet per segment.

(5)

Common open space shall be dedicated to a homeowners' association or owned and maintained by the owner of rental housing developments. If dedicated to a homeowners' association, there shall be covenants running with the land restricting the use of common open space to that use and prohibiting subdivision or separation of ownership of the common open space. The restriction shall be noted on the development plan or final plat.

(6)

Accessorydwelling units are required to provide the same amount of private open space as other dwellings in the district; however, private open space for the accessorydwelling unit may be connected to private open space for the principal dwelling unit, and up to fifty percent of the private open space required for the accessory dwelling unit may be the same private open space provided for the principaldwelling unit.

(C)

Residential Private Open Space Standards

The intent of private open space is to ensure easily available access to the outdoors in medium- to high-densitydevelopments, and to provide for a sufficient sense of privacy. Requirements for private open space are as follows:

(1)

the maximum lot coverage may be increased in accordance with Table 14-7.2-1 if open space for each dwelling unit is provided as follows:

(a)

for lots in R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-7I, R-8, R-9, RC-5 and RC-8 districts, an amount not less than fifty percent of the total gross floor area of that dwelling unit; and

(b)

for lots in R-10, R-12, R-21 and R-29 districts, an amount not less than thirty percent of the total gross floor area of that dwelling unit.

(c)

The open space provided to meet the requirements of Subsections (1)(a) and (1)(b) above may be counted toward meeting the open space requirement in Table 14-7.2-1 for multi-family dwelling units.

(2)

balconies, roof decks or roofed areas such as porches or portals may be included as all or part of the required private open space;

(3)

private open space does not include stormwater ponding areas;

(4)

the minimum dimension for required private open space located on the ground shall not be less than twelve (12) feet, and not less than four (4) feet and forty (40) square feet for balconies, roof decks or other private open space that is not located on the ground;

(5)

finished grade for required private open space shall have a slope no greater than one (1) vertical foot in ten (10) horizontal feet; and

(6)

accessory dwelling units shall also be required to meet the private open space criteria in this Subsection 14-7.5(C); provided, however, that private open space for the accessory dwelling unit does not have to be physically separated from the private open space for the principaldwelling unit, and up to fifty percent of the private open space required for the accessory dwelling unit may be the same private open space provided for the dwelling unit; and

(7)

there are no planting requirements for private open space.

(8)

Private open space must be adjacent to and directly accessible from the unit for which it is provided.

(D)

Nonresidential and Mixed Use Open Space Standards

(1)

Open space shall be provided in nonresidential and mixed usedevelopments to promote environmental health; foster a sense of openness; provide light and air; preserve existing vegetation or provide new vegetation to help oxygenate the air; provide shade; help control stormwater runoff and erosion; and improve ground water quality.

(2)

Nonresidentialopen space shall be planted and linkage provided to public open space, following the same requirements as for residentialcommon open space in Subsection 14-7.5(B).

(3)

Planting requirements are the same as for residentialopen space and may be combined with other landscape requirements, including those for street tree planting and parking lots.

(4)

The minimum dimension for nonresidentialopen space shall be ten (10) feet and cover a minimum of three hundred (300) square feet, unless the area is a component of interior parking landscape and meets the requirements for open space credits for water harvesting described in this Subsection 14-7.5(D)(6).

(5)

The percentage of required open space shall be calculated on the basis of total lot area, and shall be no less than twenty-five percent unless the conditions described in Subsection 14-7.5(D)(6) are met; then the required open space may be reduced by a maximum of ten percent of the total lot size. More restrictive requirements for individual zoning districts apply.

(6)

To encourage an increase in permeable surface area, to reduce stormwater runoff and erosion, to increase infiltration, and to encourage water conservation and water harvesting, the required open space may be reduced as follows:

(a)

The open space requirement for development that incorporates a passive water harvesting concept that is a primary component of stormwater management is twenty (20) percent of the total lot area. The open space requirement for development that incorporates an active water harvesting and distribution system that is a primary component of stormwater management and that is a component of outdoor irrigation or suitably treated for indoor use is fifteen (15) percent of the total lot area. The credits shall be earned through the application of engineering calculations that are submitted as a part of the landscape plan and the terrain management regulations provided in Section 14-8.2 Terrain and Stormwater Management. The calculations shall show the percentage of water harvested and the estimated water conserved based on the required water budget provided in Section 14-8.4(E) Water Harvesting and Irrigation Standards; and

(b)

the open space reduction shall not result in an increase in parking area.

(7)

An applicant for a construction permit shall not be required to lose existing parking spaces or other previously developed area in order to fulfill the open space requirement, but may not increase the intensity of a use or create an addition that would result in a decrease in open space below the minimum required, unless existing impervious surfaces are retrofitted for stormwater management as described in Section 14-8.4 Landscape and Site Design.

(8)

Additional Requirements in BIP, MU and C-2 Districts

(a)

BIP districts

(i)

To encourage pedestrian amenities and preservation of existing vegetation, open space shall be provided at a minimum of forty percent of the total master plan area.

(ii)

As an incentive for providing commonly shared site amenities, and as may be appropriate to more urban development, the planning commission may grant double the square footage of site amenities to be counted toward the open space requirement. Site amenities shall be accessible, and include the following examples: 1) interior trail systems; 2) small plazas; 3) fountains; 4) children's play areas; and 5) public art. In no case shall the amount of open space be less than twenty-five percent of the total master plan area.

(b)

MU districts

A common, landscaped open area with seating shall be provided with a minimum size of five hundred (500) square feet per acre of development. The area shall be open to the sky and be suitably lighted and be designed to encourage social interaction.

(c)

C-2 District

Open space is required for each ground-floor dwelling unit at a minimum of two hundred fifty (250) square feet. Dwelling units located above the ground floor are not required to provide open space.

(9)

Any residentialopen space provided in a mixed residential and nonresidentialdevelopment may be credited toward the total MU or nonresidentialopen space requirement.