3.01.0.Primary Responsibility for Enforcement: The Zoning Officer shall be the designated authority charged with the administration and enforcement of this Ordinance. The City Manager or a designee of the City Manager shall serve in this capacity. The Zoning Officer may also serve as the staff advisor to the City Council, Planning and Zoning Commission, Board of Adjustment, City staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance.

3.01.015. Zoning Permit:

A.

A zoning permit shall be required prior to receiving a development permit, when applicable, or a building permit for all uses, including signs, permitted by right. This permit ensures the proposed development complies with this chapter's standards and has any other required permits for access, water, sewer, or other required permits.

B.

Applications for a zoning permit shall include a site plan reflective of the scale of the proposed development represented on the property for which the permit shall apply. Each application shall be accompanied by payment of the appropriate fee. The site plan is not required to be prepared by a professional.

3.01.02. Duties: The Zoning Officer shall have the following duties:

A.

The Zoning Officer shall have the power to make inspections of buildings and premises to carry out the duties prescribed herein.

B.

The Zoning Officer shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this Ordinance.

C.

The Zoning Officer shall certify all certificates of occupancy prior to their issuance.

D.

The Zoning Officer shall investigate alleged violations of this Ordinance, and shall conduct a visual inspection of all uses within the City. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the Zoning Officer.

E.

The Zoning Officer shall perform such other duties as assigned by the City Manager relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance.

(Ord. No. 02-2005, § 2, 3-10-05)

3.02.01. When Required: A Certificate of Occupancy shall be required for any of the following:

A.

Occupancy and use of a building hereafter erected or structurally altered;

B.

Change in use of an existing building to a use of a different classification;

C.

Occupancy and use of vacant land, except agricultural use not involving animals;

D.

Change in the use of land to a use of a different classification; and

E.

Any major or significant modification, alteration, or change in a nonconforming use.

3.02.02. Occupancy Without Certificate Prohibited: No such use, or change of use, shall be permitted unless a Certificate of Occupancy, approved by the Zoning Officer, has been issued.

3.02.03. Procedure for New or Altered Buildings: Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered, shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within ten (10) days after a written request for the same has been made to the Zoning Officer or his agent, and only after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.

3.02.04. Procedure for Vacant Land Use or a Change in Building Use: Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use to a conforming use, as herein provided, shall be submitted to the Zoning Officer for review on forms available in the Zoning Officer's office. If the proposed use is in conformity with the provisions of this Ordinance and has been approved by the Zoning Officer, the Certificate of Occupancy shall be issued within ten (10) days after the application for same has been made.

3.02.05. Contents of Certificate of Occupancy: Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of Santa Fe's Codes and Ordinances. A record of all Certificates of Occupancy shall be kept on file in the office of the Zoning Officer or a designee and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

3.02.06. Temporary Certificate: Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Zoning Officer for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Ordinance.

3.03.01. Purpose of Amendments: The purpose of an amendment procedure is to provide for changes in the text of the Zoning Ordinance (text amendment) and to change the boundaries of zoning districts (rezoning) shown on the Official Zoning Map. Since these regulations represent the City's effort to provide for the orderly development of the community, no change shall be made in these regulations except:

A.

To correct an error in the regulations or map;

B.

To recognize changed or changing conditions or circumstances in a particular locality or area; or

C.

To recognize a change in public plans or policies effecting the property.

3.03.02. Comprehensive Plan Controlling: No amendment shall be made to this Ordinance which is not in compliance with the City's officially adopted long-range Comprehensive Plan.

3.03.03. Applicant Qualifications: Any person, or corporation, or an authorized agent interest in any property, may initiate proceedings to allow the consideration of a change in the zoning classification of such property or to the regulations pertaining to said property. In the event that ownership stated on the application and that shown on City records are different, the applicant shall submit proof of ownership or legal standing to submit the application. The Planning and Zoning Commission or City Council may, on its own motion, initiate proceedings to consider a change to the zoning on any property or to the regulations pertaining to property, when it finds that the public interest would be served by consideration of such a request.

3.03.04. Application Form: Each application for a text amendment or rezoning shall be made in writing on a form provided by the Santa Fe City Manager and shall be filed with the City Manager. Each application shall be accompanied by payment of the appropriate fee. An application for a rezoning shall also include plans and drawings in a form acceptable to the City Manager and containing sufficient information necessary to determine the impact on properties affected by the rezoning request.

3.03.05. Scheduled Dates and Notification:

A.

Rezoning Applications: Upon receipt of a complete application for a rezoning the City Manager shall set a date for a public hearing before the Planning and Zoning Commission and the City Council. Notice shall be sent not less than ten (10) days before the public hearing. Written notice shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within two-hundred (200) feet of the property to be rezoned. The notice may be served by its deposit in the United States Mail, within the City of Santa Fe, properly addressed with postage paid.

B.

Revision of Public Plans or Policies: When the Planning and Zoning Commission or City Council initiate proceedings to consider a change to the zoning of any property or to the regulations pertaining to property, public notice shall be served by publication as prescribed by subparagraph C, "Purpose of Amendments", without the necessity of notifying property owners by mail.

C.

On or before the fifteenth (15th) day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in Santa Fe.

D.

On or before the tenth (10th) day before the public hearing, notice of the hearing shall be posted on the property by placing signs thereon in the form, quantity and location set out in Paragraph 3.03.12 of this Section. Signs shall be removed by the applicant or property owner within three (3) days following the final public hearing or cancellation of application for any reason. Public Plans and Policies map changes as set forth in Subparagraph B, shall require the posting of signs only at the nearest street intersections, within the City limits, providing access to the territory proposed for a map change.

E.

The posting of a public hearing shall not occur until a firm date is established by the applicant for the erection of required signs. Any failure, resulting from the actions or inactions of the applicant, to meet the minimum notification standards, including sign erection, will result in cancellation of the public hearing and forfeiture of all fees previously paid.

3.03.06. Scheduled Dates and Notification—Text amendment Applications: Upon receipt of a complete application for a text amendment, the City Manager shall set a date for a public hearing before the Planning and Zoning Commission. No later than the fifteenth (15th) day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Santa Fe without the necessity for notifying property owners by mail.

3.03.07. Withdrawal of Application: Prior to the issuance of the notice of a public hearing before the Planning and Zoning Commission and City Council, the applicant may, by written notice to the City Manager, withdraw the application or request rescheduling of the public hearing to a later regular meeting date. Once public notice is given, the applicant may withdraw the application or request for rescheduling only with the approval of the City Council. The City Council may reject a request to withdraw an application or request to reschedule and conduct the public hearing as stated in the notification and take action as appropriate within the context of the public notice provided.

3.03.08. Planning and Zoning Commission Report: After public hearing, the Planning and Zoning Commissioner shall submit a report to the City Council with a recommendation that the application be approved, approved with amendments and conditions, tabled, or denied. The vote of the Planning and Zoning Commissioner at the conclusion of a public hearing and the minutes pertaining thereto, shall constitute the Commission's final report to the City Council.

3.03.09. Protests: In the event a protest to an application is filed with the City Secretary, duly signed and acknowledged, by the owners of either:

A.

Twenty (20) percent or more of the area of the lots or land covered by the proposed change; or

B.

By twenty (20) percent or more of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from such area.

Such application shall not become effective except by affirmative vote of three-fourths (¾) of the Planning and Zoning Commission and the City Council. In computing the percentage of land area to be considered, the area of streets and alleys shall be included.

3.03.10. Approval and Execution of Changes: If finally approved by the required number of votes of the City Council, the Ordinance shall be executed by the Mayor.

3.03.11. Expiration of an Application: Any pending application shall automatically expire if no action of any kind has been taken on it by the City Council for a period of one (1) year. If no Ordinance granting a zoning change in accordance with this Article has been adopted within six (6) months of the date on which the City Council voted approval of an application, such application shall be automatically placed on the City Council agenda for further consideration.

3.03.12. Public Hearing Notification Signs:

Public hearing notification signs, where required by Paragraph 3.03.05.D., shall be posted on the site in conformance to the following provisions:

A.

Minimum Quantity: One (1) sign shall be posted on each street frontage adjacent to property to be rezoned. Long street frontages shall have signs posted not more than five hundred (500) feet apart.

B.

Size and Support: Signs shall not be less than forty-eight (48) inches × forty-eight (48) inches and secured to structural supports mounted at both vertical sign edges or, alternatively securely attached to an existing structure, of sufficient structural strength to safely support the imposed weight and wind loadings. Signs may also be mounted on stands weighted with a sufficient weight of sandbags to secure the sign against wind load overturning.

C.

Signs Height: The sign shall be mounted so that the top edge of the sign is horizontal and between fifty-six (56) inches and one hundred (100) inches above the mean grade beneath the sign.

D.

Sign Material and Color: The sign face shall be smooth plywood or sign board material resistant to weather and warping. The face shall be sealed on both faces and exposed edges with paint or other approved finish. Color of face shall be white. Alternative sign materials may be approved by the Zoning Officer.

E.

Sign Copy: Sign copy shall be as follows:

A border shall surround the sign no less than one-half (½) from the sign edge; the border shall be a one-half (½) inches wide continuous line. Copy shall not be placed closer to the border than three (3) inches. Copy shall be placed parallel with sign edges. All copy shall be black and copy shall be centered on the sign face. The copy typeface shall be Arial Black or similar approved type.

Line 1-2 The top line shall be "Santa Fe City Council or Planning and Zoning Commission" in one and one-half (1½) inches high letters.

Line 3 The words "PUBLIC HEARING" shall be located next below and shall measure three (3) inches high.

Line 4-6 The phrase "to consider a proposed change in the zoning for the property in the vicinity of this sign" follows in letters one and five-eighths (1⅝) inches high.

Line 7-10 The phrase "from (zoning district) to (zoning district)" follows in one and five eights (1⅝) inches high letters.

Line 11 The meeting date appears next as "Month, day, year at 7:00 p.m. in one and one-half (1½) inches high letters.

Line 12 The final phrase "in Council Chambers, 12002 Hwy 6" inches completes the message in one and one-half (1½) inches high letters.

The Zoning Officer may approve alternative phrasing for clarity and special conditions.

See Article 2 Definitions, Graphic 2-H, illustrating the sign format. All copy and lines shall be distinct, sharp edged and professionally executed in a workmanlike manner.

F.

Sign Location: Signs shall be located as near the center of the street frontage as feasible or evenly spaced across the frontage when more than one (1) is required. Signs shall be placed at or near the front property line but no further than twenty-five (25) feet behind the line. Signs shall not be erected on the street right-of-way.

G.

Liability: Not withstanding the above minimum standards, the applicant shall be responsible for the structural integrity of the signs and for ensuring that the signs are adequately constructed, erected and secured from destruction and uprooting resulting from high winds and other causes. The applicant shall hold the City harmless from all damages arising from the erection, maintenance and removal of these signs.

H.

Placement, Replacement and Maintenance Responsibility: It shall be the responsibility of the applicant to place and maintain the signs continuously during the public notice period. All vegetation and any other visual obstruction shall be cleared from around the sign for a distance of no less than twelve (12) inches and of sufficient width to provide a view of the sign from the road through an included angle of no less than one hundred twenty (120) degrees. Vandalism or theft shall cause the immediate replacement of any sign. All costs associated with the construction, erection, maintenance and removal of signs shall be the sole responsibility of the applicant. It is the applicant's responsibility to obtain and erect all signs.

I.

Optional Sign Lease: The City may, at its option, provide signs satisfying these requirements. Lease fees in an amount to cover the cost of building and maintaining sign boards plus ten (10) percent and a deposit may be charged to the applicant for the period in which the signs are in the applicant's possession.

(Ord. No. 11-2003, 4-24-03)

3.04.01. Purpose: The purpose of the Conditional Use Permit process is to identify those land uses which may be appropriate within a zoning district but, due to either their location, function, or operation, could have a potentially harmful impact on adjacent properties or the surrounding area; and to provide for a procedure whereby such uses may be permitted by further restricting or conditioning them so as to mitigate or eliminate such adverse impacts.

3.04.02. Authorization of Planning and Zoning Commission: The Planning and Zoning Commissioner shall make a report to the City Council which shall recommend approval or denial of a Conditional Use Permit for a use in any district in which such use is authorized under this Ordinance, following proper application, and after notice to affected landowners and public hearing, in accordance with the procedures and criteria herein established.

3.04.03. Issuance Limitations and Forms Required: No Certificate of Occupancy or building permit for a purpose authorized only as a Conditional Use within a zoning district shall be issued unless the applicant obtains a Conditional Use Permit from the City Council. The application for a Conditional Use Permit shall be submitted on a form provided by the Zoning Officer and accompanied by a site plan in a form acceptable to the City Manager. The Planning and Zoning Commissioner may require additional information or plans as necessary and appropriate for review.

3.04.04. Procedures: The procedures associated with the review and approval or denial of a Conditional Use Permit shall be the same as those associated with a zoning map amendment, as described in Section 3.03, above.

3.04.05. Criteria for Approval: The Planning and Zoning Commissioner shall recommend denial of a Conditional Use if it finds that the proposed use:

A.

Does not conform with applicable regulations and standards established by this Ordinance;

B.

Is not compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features;

C.

Potentially creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those which reasonably may result from the use of the site by a use permitted by right;

D.

Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;

E.

Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts;

F.

Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs;

G.

Fails to provide adequate and convenient off-street parking and loading facilities;

H.

Fails to conform with the objectives and the purpose of the zoning district in which the development is located, and the goals, objectives, and policies, contained in the City's long-range Comprehensive Plan;

I.

Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the Commissioner; or

J.

The premises or structure(s) are not suitable for the proposed Conditional Use.

3.04.06. Site Plans: Site plans may be required by the Planning and Zoning Commissioner as a part of the Conditional Use Permit review process. Conditional Use site plans considered by the Planning and Zoning Commissioner shall be approved only after the Planning and Zoning Commissioner finds that the proposed development, if completed as proposed, will comply with all applicable provisions of this Ordinance and all conditions deemed necessary.

3.04.07. Authorization to Establish Conditions: The Planning and Zoning Commissioner may recommend, and the City Council may establish such conditions of approval as are necessary to assure that the proposed land use meets the criteria set forth in this Ordinance which may include without limitation requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; and such other reasonable conditions as the City Council may deem necessary to insure compatibility with surrounding uses and to preserve the public health, safety, and welfare.

3.04.08. Agreement to Abide by Conditions Prior to Issuance: No Conditional Use Permit shall be granted unless the applicant, owner or grantee of the Conditional Use Permit shall accept and agree to be bound by and comply with the written requirements of the Conditional Use Permit, as attached to the site plan drawing (or drawings) and approved by the City Council. the Zoning Officer shall maintain a record of all Conditional Use Permits granted by the City.

3.04.09. Validity of a Conditional Use Permit: A Conditional Use Permit shall remain valid until such time as one (1) of the following actions is taken:

A.

The property is rezoned;

B.

Another Conditional Use Permit is approved for the site; or

C.

The use of the premises changes and such a change is authorized by the issuance of a new Certificate of Occupancy.

3.04.10. Nonsubstantial Changes: No building, premise, or land used under a Conditional Use Permit may be substantially changed unless a new Conditional Use Permit is granted for the change. In the event a change is determined by both the City Manager and the Zoning Officer to be nonsubstantial, the City Manager may approve the change. The City Manager shall maintain a record of all such determinations and shall appraise the Planning and Zoning Commissioner of such determinations.

3.05.01. Procedure to Facilitate Land Use Classification: It is recognized that new types of land use will develop and that forms of land use not presently anticipated may seek to locate in the City of Santa Fe. New or unlisted forms of land use shall not include those land uses that can reasonably be interpreted as being similar to permitted or Conditional Uses already listed in the district regulations for the district in which the new use is to be located, or in the land use regulation matrix found at the end of Article 4, of this Ordinance. In order to provide for such changes and contingencies where new or unlisted land uses are not specified as a permitted use or a Conditional Use in any zoning district, a determination as to the appropriate classification of any new or unlisted form of land use shall be made in accordance with the terms of this Section of the Ordinance.

3.05.02. Classification Rulings—Board of Adjustment: The City Manager shall refer questions concerning any new or unlisted use to the Board [of] Adjustment requesting an interpretation as to the zoning district into which such use should be placed. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwellings, sales, processing, type of product, storage, anticipated employment, transportation system requirements, the general requirements for public utilities such water and sanitary sewer, and other information deemed necessary to assist the Board of Adjustment in its deliberations.

3.05.03. Board of Adjustment to Make Determination: The Board [of] Adjustment shall hold a public hearing for the purpose of considering the nature and characteristics of the proposed use and its compatibility with the uses permitted in the various districts, and shall determine the zoning district or districts within which such use is most similar and should be permitted.

3.05.04. Incorporation of Rulings into the Zoning Text: Written records of the rulings of the Board of Adjustment pertaining to land use classification shall be maintained by the City Manager. The City Manager shall regularly update the provisions of the Zoning Ordinance text by incorporating said rulings into the written text.

3.06.01. Purpose: Within the districts established by this Ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. it is the intent of this Section of the Ordinance to permit such nonconformance to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

3.06.02. Nonconformance Incompatible: Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

3.06.03. Enlargement Prohibited: It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as herein provided, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this Article.

3.06.04. Nonconformance Status: Any use or structure which does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

A.

The use or structure was in existence and lawfully operating at the time of the passage of this Ordinance, and has since been in regular and continuous use; or

B.

The use or structure was lawfully being used at the time of the adoption of any amendment to this Ordinance and by such amendment was placed in a district where it is not otherwise permitted; or

C.

The use or structure was in existence at the time of annexation to the City of Santa Fe and has since been in regular and continuous use.

3.06.05. Continuing Lawful Use of Property:

a.

The lawful use of land existing at the time of the passage of this Ordinance, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this Article. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this Ordinance.

B.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of continuance or abandonment is as follows:

1.

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of ninety (90) days.

2.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of ninety (90) days.

C.

Abandonment of a nonconforming use shall be determined by the Board of Adjustment and may include a consideration of the following factors in addition to the prima facie evidence of abandonment cited in Subsection B., above:

1.

The intent of the user or owner; or

2.

The apparent act of discontinuance as supported by evidence submitted to the Board of Adjustment.

3.06.06. Development of Nonconforming Lots: Nonconforming lots which do not meet the minimum area, width, or depth requirements for the district in which they are located may be used for any lawful purpose permitted within the zoning district in which they are located. However, the use of such a lot shall be subject to a determination by the Zoning Officer that a good faith effort has been made to follow all rules and regulations associated with this Ordinance.

3.06.07. Proof of Legal Nonconformance: It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the enactment of this Ordinance.

3.06.08. Restoration of Damaged Property: Nothing in this Article shall prevent the restoration of a building destroyed to the extent of not more than fifty (50) percent of its reasonable value by fire, explosion, or other casualty or Act of God, or a public enemy, nor the continued occupancy or use of such a building or part which existed at the time of such destruction. However, the preceding allowance for the restoration of damaged nonconforming property has no bearing on an approved amortization schedule for the termination of nonconformance as described in this Article.

3.06.09. Substitution of Nonconforming Uses or Structures Prohibited: No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only uses permitted by right and approved Conditional Uses may be substituted for nonconforming uses or structures.

3.06.10. Enlargement of Nonconformance Prohibited: No nonconforming use or structure may be extended or enlarged, and no nonconforming use of land may be enlarged or increased, to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

3.06.11. Survey and Certification: The Zoning Officer is responsible for the production of an annual survey and report on the status of zoning nonconformance in Santa Fe. The Officer's report shall be sent to the Planning and Zoning Commission at its first regular meeting of the official municipal year. The Commissioner shall review the report and shall approve or reject the certification of each site that the Officer has identified as being nonconforming. Once certified by the Commissioner as nonconforming, a site shall be given an alpha-numeric designation for future reference. Upon receipt of the approved certified report from the Commissioner, the Officer shall notify each tenant and property owner of such nonconforming status.

3.06.12. Termination of Nonconformance: The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

A.

When the use is abandoned. (See 3.06.05 "Continuing Lawful Use of Property")

B.

When any provision of this or any other Ordinance of the City of Santa Fe is violated.

C.

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

D.

When the structure in which a nonconforming use is housed, operated, or maintained is damaged to the extent of more than fifty (50) percent of its value.

E.

When the right to maintain or operate a nonconforming use has been terminated in accordance with an amortization schedule established by the Board of Adjustment as described in this Article.

3.06.13. Amortization of Nonconformance:

A.

Responsibility of the Board of Adjustment: It shall be the responsibility of the Board of Adjustment to provide a program for the orderly and fair termination of all nonconforming land uses and structures in Santa Fe. The board shall cooperate with the Zoning Officer in reviewing the status of certified nonconforming uses and structures for amortization scheduling and termination.

B.

Public Hearing Required: Prior to the establishment of an amortization schedule for a nonconforming land use or structure, the Board of Adjustment shall hold a public hearing. Notice of the hearing shall be given in written form to the tenant and owner of the certified nonconforming use or structure and shall be published in a newspaper of general circulation in Santa Fe. The notice shall state the time and the place of the hearing. The notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing.

C.

Factors to be Used by the Board of Adjustment in Amortization Scheduling: In determining the amortization schedule for the termination of a certified nonconforming land use or structure, the Board of Adjustment shall consider the following factors:

1.

The length of time required for the user or owner of the property to amortize his/her capital investment.

2.

The general condition of the site and the facilities.

3.

The length of time that the property has been used or owned.

4.

Conforming land use activities that would be permitted on the site.

5.

The land use activities surrounding the site in question.

6.

The Comprehensive City Plan of the City of Santa Fe and the impact that such existing nonconformance has on plan implementation.

E.

Notification and Recordation: The Board of Adjustment shall send a copy of all approved amortization schedules for the termination of nonconformance to the owners and lessees of affected sites. The termination date and the reasons for the schedule term shall be clearly described in the notification. The Zoning Officer shall keep a permanent record of all amortization schedules for the City.

F.

Violation of an Amortization Schedule: The failure of an owner or a tenant of a certified nonconforming land use or structure to comply with the termination date of a recorded amortization schedule shall constitute a violation of this Ordinance and shall be punishable in accordance with the terms of Article 13, of this Ordinance.

3.06.14. Small, Undersized, or Oddly Shaped Lots: A small, undersized, or oddly shaped lot which was platted or otherwise legally recorded prior to the adoption of this Ordinance may be used for any lawful purpose permitted within the zoning district in which it is located. However, the design, layout, and use of such a lot shall be subject to a de-termination by the Zoning Officer that a good faith effort has been made to follow the rules and regulations associated with this Ordinance as closely as possible.

3.07.01. Plan Required Prior to Annexation: It shall be the responsibility of the Planning and Zoning Commissioner to prepare a land use and zoning plan for any area to be annexed by the City of Santa Fe. City Council shall review, modify if necessary, and adopt said plan. After annexation, said area shall be zoned in accordance with the aforementioned plan and the land use plan for the annexed area shall become an integral component of the City's Comprehensive City Plan.

3.08.01. Official Zoning Map Established: The boundaries of the zoning districts established within the City of Santa Fe shall be drawn on an Official Zoning Map, adopted as part of this Ordinance, and incorporated as a part of this Ordinance by this reference thereto.

3.08.02. Location of the Official Zoning Map: One original of the Official Zoning Map shall be filed in the office of the City Secretary and labeled as the Official Zoning Map of the City of Santa Fe, Texas. This copy shall be the Official Zoning Map and shall bear the signature of the mayor and attestation of the City Secretary. This map shall not be changed in any manner except by Ordinance. In case of any questions regarding boundary interpretation or land use classification, this map, together with any amending Ordinances, shall be controlling.

3.08.03. City Manager to Retain Copy: A copy of the original Official Zoning Map shall be placed in the office of the City Manager. Said copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions of the Official Zoning Map may be made for informational purposes.

(Ord. No. 12-2007, § 1, 5-10-07; Ord. No. 19-2007, 7-26-07; Ord. No. 25-2007, § 1, 9-13-07; Ord. No. 02-2008, § 1, 1-24-08; Ord. No. 21-2008, § 1, 10-9-08; Ord. No. 01-2009, § 1, 1-22-09; Ord. No. 07-2009, 5-14-09; Ord. No. 17-2009, 9-24-09; Ord. No. 18-2009, 9-24-09; Ord. No. 19-2009, 9-24-09; Ord. No. 24-2009, 11-12-09; Ord. No. 04-2010, 5-27-10; Ord. No. 06-2010, 7-22-10; Ord. No. 8-2010, § 1, 8-26-10; Ord. No. 9-2010, § 1, 8-26-10; Ord. No. 01-2011, § 1, 1-13-11; Ord. No. 02-2011, 1-13-11; Ord. No. 03-2011, 2-24-11; Ord. No. 01-2012, 1-12-12; Ord. No. 02-2012, 1-12-12; Ord. No. 16-2012, 5-24-12; Ord. No. 18-2012, 8-23-12; Ord. No. 22-2012, 11-8-12; Ord. No. 23-2012, 12-13-12; Ord. No. 01-2013, 1-10-13; Ord. No. 04-2013, 3-28-13; Ord. No. 09-2013, 6-27-13; Ord. No. 13-2013, 7-25-13; Ord. No. 14-2013, 7-25-13; Ord. No. 19-2013, 9-26-13; Ord. No. 03-2014, 2-27-14; Ord. No. 10-2014, 10-9-14; Ord. No. 11-2014, 10-9-14; Ord. No. 12-2014, 11-20-14; Ord. No. 13-2014, 11-20-14; Ord. No. 13-2015, 10-8-15; Ord. No. 03-2016, 5-12-16; Ord. No. 04-2016, 5-12-16; Ord. No. 02-2017, § 1, 3-23-17; Ord. No. 03-2017, § 1, 3-23-17; Ord. No. 09-2017, 9-28-17; Ord. No. 10-2017, 9-28-17; Ord. No. 15-2017, 12-14-17; Ord. No. 04-2018, 6-26-18; Ord. No. 04-2019, 7-25-19; Ord. No. 06-2019, 8-8-19; Ord. No. 11-2019, 9-26-19; Ord. No. 10-2020, 6-25-20; Ord. No. 03-2021, 1-14-21; Ord. No. 04-2021, 1-28-21; Ord. No. 13-2021, 9-9-21; Ord. No. 01-2022, 1-13-22; Ord. No. 05-2022, 2-24-22; Ord. No. 07-2022, 3-24-22; Ord. No. 08-2022, 3-24-22; Ord. No. 15-2022, 7-14-22; Ord. No. 20-2022, 10-27-22; Ord. No. 21-2022, 10-27-22; Ord. No. 22-2022, 10-27-22; Ord. No. 24-2022, 12-8-22; Ord. No. 25-2022, 12-8-22; Ord. No. 26-2022, 12-8-22; Ord. No. 16-2023, 12-14-23; Ord. No. 01-2024, 2-22-24; Ord. No. 02-2024, 2-22-24)

3.09.01. Primary Interpretation—Zoning Officer: The Zoning Officer shall be the individual primarily responsible for the interpretation of the text of this Ordinance and the Official Zoning Map. If the Zoning Officer determines that the meaning of a word or a provision is unclear, or that the application of same to a particular circumstance is uncertain, then the Zoning Officer shall provide a written statement of interpretation, specifying the reasons supporting the interpretation. Unless the interpretation is revised by the Board of Adjustment, City Manager, or modified by amendment to this Ordinance, the interpretation of the Zoning Officer shall be presumed to be correct.

3.09.02. Ultimate Interpretations—Board of Adjustment: An interpretation by the Zoning Officer may be appealed to the Board of Adjustment in accordance with the provisions set forth in this Ordinance. The Zoning Officer may request an interpretive ruling from the Board of Adjustment by placing the request on the appropriate agenda of the Board.

3.09.03. Official Zoning Map Interpretation: The zoning district boundary lines shown on the Zoning District Map usually follow streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

A.

Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center line.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following City limits shall be construed as following City limits.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

E.

Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

F.

Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the center line of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

G.

The zoning classification applied to a tract of land adjacent to a street shall extend to the center line of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

H.

Permanent zoning changes made after the date of passage of this Ordinance shall be indicated in approximate locations on the Official Zoning Map. Individuals seeking exact legal descriptions, shall be referred to the adopting Ordinance amendment for each particular permanent zoning change.

3.10.01. City Manager Responsible for Recodification: It shall be the responsibility of the City Manager to annually update this Ordinance. All amendments to the text or the map of this Ordinance shall be incorporated in said annual recodification. Each new entry or modification to this Ordinance shall include an annotation as to the date at which such change occurred.

3.10.01. Ordinance Format: This Ordinance shall be maintained and updated in a three-ring binder format.

3.11.01. Fees Schedule: Fees for zoning amendments, Conditional Use Permits, and any other permits or review procedures associated with this Ordinance shall be established by the City Council and shall be made known to citizens by means of a fee schedule which shall be available from the City Manager.

3.11.02. Waiver of Fees: The City Council, upon a vote of the majority of members present, may waive the fee for an amendment, Conditional Use Permit, or any other permit or review procedure associated with this Ordinance. However, fees may be waived only in the case of extreme hardship on the applicant or in cases where a submission of a zoning action is required by the Planning and Zoning Commissioner or the Board of Adjustment.

3.11.03. Attributable Fees: All fees attributable to non-staff consultants such as a City Attorney, City Engineer, Contract Inspector, and other similar contract personnel shall be payable by the applicant. Failure to pay such fees shall suspend or nullify the review or approval of an application until such fees are paid in full.