Santa Fe County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
§ 1.1 SHORT TITLE.
This Ordinance, as amended from time to time, shall be cited as “The Santa Fe County Sustainable Land Development Code” and shall be referred to as “the SLDC.”
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.2 AUTHORITY.
The SLDC is promulgated pursuant to the authority set forth in Articles IX, X and XIII of the New Mexico Constitution (1912); NMSA 1978 section 4-37-1 (1975), NMSA 1978 section 3-21-1 et seq. (1965), NMSA 1978 section 3-19-1 et seq. (1965), NMSA 1978 section 3-18-1 et seq. (1965), NMSA 1978 sections 19-10-4.1, 4.2 and 4.3 (1985), NMSA 1978, section 3-20-1 et seq. (1973), NMSA 1978, section 3-33-1 et seq. (1965), NMSA 1978, section 3-35-1 et seq. (1965), NMSA 1978, section 3-45-1 et seq. (1965), NMSA 1978, section 4-37-1 et seq. (1975), NMSA 1978, section 5-11-1 et seq. (2001), NMSA 1978, section 6-27-1 et seq. (2004), NMSA 1978, section 7-91-1 [7-9I-1] et seq. (2005), NMSA 1978, section 11-3A-1 et seq. (1994), NMSA 1978, section 47-5-1 (1963), NMSA 1978 section 47-6-1 et seq. (1973), NMSA 1978, section 58-18-1 et seq. (1975), NMSA 1978 section 60-13-1; and Federal Insurance Regulation 1910. The SLDC constitutes an exercise of the County’s independent and separate but related law enforcement, zoning, planning, environmental, fiscal and public nuisance powers for the health, safety and general welfare of the County and its residents.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.3 EFFECTIVE DATE.
The SLDC became effective on January 15, 2016. The amendments enacted by Ordinance No. 2016-2 became effective on April 30, 2016. The amendments enacted by Ordinance No. 2016-[2016-2] shall become effective thirty (30) days after that Ordinance is recorded with the County Clerk.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.4 PURPOSE AND INTENT.
1.4.1
The SLDC, including all amendments to the SLDC, are intended to implement and be consistent with the goals, objectives, policies, and strategies of the Sustainable Growth Management Plan (SGMP) through comprehensive, concurrent, consistent, integrated, effective, time limited and concise land development approvals. The SLDC is designed to protect and promote the health, safety and general welfare of the present and future residents of the County. The SLDC is a police power, public nuisance, environmental and land use regulation designed to establish separate land use, growth management, environmental, fiscal, adequate public facility, transportation, stormwater management, emergency service and preparedness, health and safety standards. The SLDC is designed to specifically provide protection of environmental, cultural, historical and archeological resources, lessening of air and water pollution, assurance and conservation of water resources, prevention of adverse climate change, promotion of sustainability, green development, and to provide standards to protect from adverse public nuisance or land use effects and impacts resulting from public or private development within the County.
1.4.2
The SLDC Shall:
1.4.2.1
Require that development approval for significant projects not be granted unless there is adequate on- and off-site provision of capital facilities and services available to the development at levels of service established in the SGMP, the Capital Improvement Plan (“CIP”) and the Official Map established pursuant to the SGMP;
1.4.2.2
Utilize a voluntary development agreement process, where appropriate, to assure that properties receiving development approvals are granted vested rights to assure completion of the project through all stages and phases under the provisions of the SLDC as they existed at the time of submission of a complete application for development approval without fear of being overridden by newly adopted regulations, in exchange for commitments to mitigate environmental degradation, advance adequate public facilities and services for needs generated by new development, to eliminate existing deficiencies and to proportionally meet county and regional facility and service needs;
1.4.2.3
Establish sustainable design and improvement standards and review processes by which development applications shall be evaluated, including the preparation of environmental, fiscal impact, traffic, water availability, emergency service and response, consistency and adequate public facility and services studies, reports and assessments (“SRAs”);
1.4.2.4
Require that development and administrative fees; dedications; public improvement district taxes, assessments, charges and fees; homeowner association assessments; public and private utility rates, fees and charges; development fees; and other appropriate mitigation fees and conditions that are required as conditions of development approval, be roughly or reasonably proportional to the need for adequate public facilities and services at adopted levels of service, the need for which is generated by the development at the time of development approval;
1.4.2.5
Designate appropriate zoning districts to implement the SGMP;
1.4.2.6
Designate sustainable development areas (SDA-1, SDA-2, and SDA-3) and identify appropriate regulations and incentives to encourage development within the SDA-1 priority growth areas;
1.4.2.7
Formulate guidelines to implement growth management, sustainable design and improvement standards, renewable energy strategies, techniques, and action programs and adopt appropriate budgets and capital improvement plan and programs to implement them;
1.4.2.8
Enhance the physical, cultural, social, traditional and environmental values treasured by County residents;
1.4.2.9
Provide for objective and fair administrative and quasi-judicial processes, findings and recommendations including, but not limited to, the establishment of a Hearing Officer process;
1.4.2.10
Establish rights for communities, community organizations, registered organizations, acequia associations, Tribal governments, adjoining property owners, neighborhood and homeowner associations and nonprofit organizations with respect to attendance at pre-application meetings with applicants for development approval;
1.4.2.11
Accommodate within appropriate zoning districts, regulations for protection and expansion of local small businesses, professions, culture, art and crafts including live/work, home occupations and appropriate accessory uses in order to support a balanced, vigorous local economy;
1.4.2.12
Assure that a diversity of housing choices is available to residents within a wide range of economic levels and age groups;
1.4.2.13
Express and reflect the highly unique sense of place and the desirable qualities of Santa Fe County through innovative and sustainable design and architectural standards for development compatible with compact development and traditional and historic communities;
1.4.2.14
Restrict development within lands containing environmental, ecological, archaeological, historical or cultural sensitivity and preserve agriculture and ranch lands and utilize: clustering; use of purchase and transfer of development rights; federal and state income tax credits and deductions for donation of development and conservation easements; development of solar and wind resources and other incentives to maximize economic return and to preserve such resources to the maximum extent feasible;
1.4.2.15
Place high regard for the protection of individual property rights in appropriate balance with the community’s need to implement the goals, objectives, policies and strategies of the SGMP;
1.4.2.16
Reconstitute the County Development Review Committee (“CDRC”) as the County’s statutorily authorized Planning Commission to carry out the statutory and SLDC duties and responsibilities for reviewing and recommending on amendments to the SGMP, Area, District and Community Plans, the Official Map, the CIP, the SLDC and for the hearing of applications for development approval;
1.4.2.17
Provide for special review of developments of countywide impacts (“DCIs”);
1.4.2.18
Create planned development zoning districts (“PDDs”) that reflect development patterns that promote walkable mixed-use communities without the need for multiple variances or waivers from area, height or use requirements;
1.4.2.19
Provide a procedure for mandatory pre-application review of certain development projects, to afford an opportunity to meet with the developer, the opportunity to review and comment on the project, in order to assess the project’s impacts on its surroundings and on the County’s resources and to identify issues, solutions and mitigation measures;
1.4.2.20
Ensure that building projects are planned, designed, constructed, and managed: to minimize adverse environmental impacts; to conserve natural resources; to promote sustainable development; and to enhance the quality of life in Santa Fe County;
1.4.2.21
Prescribe sustainable design and improvement standards for all public and private buildings, structures and land uses;
1.4.2.22
Develop strategies, bonuses, incentives, transfers of development rights, tax credits, monetization of solar, wind and rainwater recapture facilities to encourage priority infill development;
1.4.2.23
Respect historical patterns and boundaries in the development approval process for new development and redevelopment;
1.4.2.24
Require that new development reflect the transportation network of the region and provide a framework of interconnectivity of the road network and pedestrian and bicycle systems;
1.4.2.25
Provide the opportunity for the establishment of a public improvement or assessment district or homeowner associations to finance the capital improvements necessary to meet adequate public facilities and service requirements, including the ongoing maintenance and operation of such facilities and services;
1.4.2.26
Provide the opportunity for appropriate building densities and land uses within walking distance of transit stops in SDA-1 through appropriate zoning; and
1.4.2.27
Require that new development provide a range of parks, open space and trails and community gardens within neighborhoods.
1.4.2.28
Applications for discretionary development approval shall be required to provide the following as a pre-condition to approval:
1.
Demonstrated consistency with the SGMP, and applicable Area, District and/or Community Plans;
2.
Provide certain Studies, Reports and Assessments (SRAs), depending upon the scope of the development proposed in the application, which SRAs may include: a Traffic Impact Assessment (“TIA”); an Adequate Public Facilities Assessment (“APFA”); a Fiscal Impact Assessment (“FIA”); a Water Service Availability Report (“WSAR”); and/or an Environmental Impact Report (“EIR”).
3.
In the case of developments of countywide impact (“DCI”):
a.
an Emergency Service and Preparedness Report, identifying the name, location and description of all potentially dangerous facilities and Material Safety Data Sheets describing all additives, chemicals and organics to be or currently used on the proposed development site, including but not limited to pipelines, wells and isolation valves, and providing for a written fire prevention, health and safety response plan for any and all potential emergencies, including explosions, fires, gas or water pipeline leaks or ruptures, hydrogen sulfide, methane or other toxic gas emissions or hazardous material spills or vehicle accidents; and
b.
a Geo-hydrologic Report, describing any adverse impacts and effects of development with respect to groundwater resources located within geological formations in sufficient proximity to a development project; identifying fractured, faulted and any other formations that would permit extraneous oil, gas, dirty or grey water, rocks, mud or other toxic chemicals, minerals and pollutants to degrade the ground or subsurface water resources, or allow ground or subsurface water resources to be reduced, polluted and unavailable for public or private water supplies.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.5 FINDINGS.
The Board hereby finds, declares and determines that the SLDC:
1.5.1
Promotes the health, safety, and welfare of the County, its residents, and its environment by regulating development activities to assure that development does not create land use and public nuisance impacts or effects upon surrounding property, the County and the region;
1.5.2
Promotes the purposes of planning and land use regulation by assuring that adequate public facilities and services as defined by the SGMP and CIP including roads, fire, law enforcement and emergency response, stormwater detention, parks and recreation, open space, trails, public sewer and water, will be available on- or off-site at the time of development approval;
1.5.3
Protects the County’s priceless, unique, and fragile ecosystem and environmentally sensitive lands including but not limited to: waterways and streams, wetlands, floodways and floodplains; hillsides and steep slopes; flora and fauna habitats and habitat corridors; air and water quality; eco-tourist sites and scenic vistas; natural resources; and archaeological, cultural, and historical resources;
1.5.4
Requires vertical consistency of the SLDC and related land use, building, housing, public and private utility and environmental codes, with: the SGMP, Area, District and Community Plans; the CIP; the Official Map; and related regional, state and federal legislation, plans and programs;
1.5.5
Promotes sustainable development, green building and renewable energy standards and practices; and
1.5.6
Provides for efficient, comprehensive, concurrent and timely response to applications for development approval.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.6 APPLICABILITY.
The SLDC shall apply within the exterior boundaries of Santa Fe County. The SLDC shall not apply within the exterior boundaries of a municipality. The SLDC shall not apply to property owned by the United States or held by the United States in trust for a federally recognized Tribal government, or to property owned by a member of a federally recognized Indian Pueblo, Reservation or Pueblo and within the exterior boundaries of such federally recognized Indian Pueblo, Reservation or Pueblo.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.7 ENACTMENT AND REPEALS.
Upon the effective date of the SLDC, the following are hereby repealed in their entirety: the Flood Prevention and Stormwater Management Ordinance, Ordinance No. 2008-10; Ordinance No. 2012-10, the Santa Fe County Land Development Code, Ordinance 1996-10, together with all amendments thereto (except Article III, section 5 “Mineral Exploration and Extraction”); the Wireless Communications Ordinance No. 2001-9, the water conservation Ordinance No. 2004-7 and the original Santa Fe County Land Development Code Ordinance No. 1980-6. Ordinance 2008-19 shall remain in effect until amended following adoption of Chapter 11, Developments of County Impact. To the extent there is any conflict between the SLDC and any land-use ordinance that is not repealed by this Section 1.7 or otherwise addressed in the SLDC, the provisions of the SLDC shall apply.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.8 SCOPE.
All publicly and privately owned buildings, structures, lands, land uses, capital improvements and capital infrastructure projects, including but not limited to city, county, school, authority, assessment or public improvement district, public or private utility, shall be subject to the SLDC where the County has jurisdiction arising under the laws and constitutions of the United States or the State of New Mexico.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.9 CONSISTENCY WITH SUSTAINABLE GROWTH MANAGEMENT PLAN.
1.9.1
The Sustainable Growth Management Plan (SGMP) adopted by the Board is the County’s General Plan. The SLDC shall be consistent with the SGMP. Adopted Area, District and Community Plans that are consistent with the SGMP shall be deemed to be a part of the SGMP or an amendment to the SGMP.
1.9.2
Any amendment to the SLDC shall be consistent with the SGMP and shall satisfy the consistency requirement only if such amendment fully complies with the goals, policies and strategies of the SGMP.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.10 COORDINATION WITH OTHER REGULATIONS.
1.10.1
Generally.
The use of buildings, structures and land is subject to all other County, state or federal statutes, ordinances or regulations as well as the SLDC, whether or not such other provisions are specifically referenced in the SLDC. References to other ordinances, statutes or regulations or to the provisions of the SLDC are for the convenience of the reader. The lack of a cross-reference does not exempt a land, building, structure or use from other ordinances, statutes or regulations.
1.10.2
SLDC as Paramount Regulation.
Where a regulation or standard contained within the SLDC imposes more stringent criteria or standards than those required under another County ordinance or regulation, the regulation adopted under the SLDC controls. If the other County ordinance or regulation imposes higher standards, that ordinance or regulation controls so long as it is consistent with the purposes, findings and intent of the SLDC and with the goals, objectives, policies and strategies of the SGMP. Where a regulation or standard contained in State or Federal laws or regulations imposes less stringent standards than established in the SLDC, the SLDC shall apply.
1.10.3
Rules of Construction.
Provisions of the SLDC are basic and minimum requirements for the protection of public health, safety, comfort, convenience, prosperity and welfare. The SLDC shall be liberally interpreted in order to further its underlying purposes, intent, criteria and standards and to implement the goals, objectives, policies and strategies of the SGMP. The meaning of any and all words, terms, or phrases in the SLDC shall be construed in accordance with Appendix A (Rules of Interpretation, Definitions and Acronyms) which is incorporated herein by reference. The SLDC contains numerous tables, graphics, pictures, illustrations and drawings in order to assist the reader in understanding and applying the SLDC. To the extent there is any inconsistency between the text of the SLDC and any such table, graphic, picture, illustration or drawing, the text controls unless otherwise provided in the specific section.
1.10.4
Minimum Requirements.
The SLDC establishes minimum requirements for land use and development. The issuance of any development approval or development order pursuant to the SLDC shall not relieve the recipient from the responsibility to comply with all other County, state or federal laws, ordinances or regulations.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.11 TRANSITIONAL PROVISIONS.
1.11.2
Prior Development Permits and Approvals.
Except as otherwise provided in Section 1.11.1, development permits and approvals previously granted by the Board, County Development Review Committee or the Administrator before the effective date of the SLDC for which rights have not vested (approved master plans, special exceptions, recognition of nonconforming uses, development plans, subdivisions, exception plats, and lot line adjustments) shall be henceforth governed by the SLDC.
1.11.3
Permits and Approvals With Vested Rights.
Development permits and final approvals granted by the Board, County Development Review Committee or the Administrator prior to enactment of the SLDC for which rights have vested shall remain valid, and development and use of the property shall be allowed so long as the development and use is in accordance with the development permit and final approval.
1.11.4
Approved Master Plans.
Properties that have received final approval of a master plan within five years of the effective date of the SLDC shall file an application for approval of a development plan, preliminary development plan or subdivision plat pursuant to this SLDC no later than January 2017, or the approval of the master plan shall nevertheless expire. In the case of a phased master plan that has moved forward with a phase or phases in accordance with an approved phasing plan, the master plan shall be considered a conceptual plan and it's expiration shall be governed by section 4.9.9.10. Any zoning established by an expired master plan shall be included in the Zoning Map as described in Section 1.11.1 of the SLDC.
1.11.5
Approved Preliminary Development Plans or Plats.
Properties that have received preliminary development plan, subdivision approval or plat approval but have not received final development plan or plat approval, shall, within 24 months of said approval (or such other period as may be specified in section 5.8.7 of the SLDC) file an application for approval of a final development plan or subdivision plat in accordance with that preliminary plan or plat or the approval of the preliminary development plan or plat shall expire and any application for development will be governed and processed according to the SLDC.
1.11.6
Approved but Unrecorded Final Development Plans and Plats.
1.11.6.1
Properties that have received final development plan or plat approval but have not recorded the plan or plat may complete the recordation process under the terms of the final approval.
1.11.6.2
Properties that have received final development plan or plat approval and have recorded the plan or plat shall apply for construction permits consistent with that plan or plat within 24 months or the approval will expire and standards established by the SLDC for approval of development shall apply to any application for development of the property.
1.11.6.3
Any subdivision for which a Preliminary Plat was approved prior to the effective date of the SLDC may be granted Final Plat approval if the Planning Commission and Board find that the final plat is in substantial compliance with the previously approved preliminary plat. Provided that, if the final plat approval is not received within 24 months of approval of the Preliminary Plat (or such other period as may be specified in section 5.8.7), shall file an application for approval of a final plat in accordance with the Preliminary Plat or the approval of the Preliminary Plat shall expire and any application for development will be governed and processed according to the SLDC.
1.11.7
Previously Approved Subdivisions and Land Divisions.
Previously approved and platted land divisions and subdivisions, and the lots created thereby, shall be recognized as legally existing lots.
1.11.8
Final Orders for Approved Applications.
Applications that have received final approval from either the Board or the CDRC and for which there is no further administrative review, shall have their final orders approved in accordance with the voice vote of either the Board or the CDRC.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.12 CONCURRENT PROCESSING.
Applicants are encouraged to concurrently submit applications for multiple approvals on a single project in order to facilitate, speed up and make more efficient the development approval process. However, each application shall individually comply with all applicable provisions of the SLDC, and if any individual application request is rejected or conditioned in such a way that the subsequent (in approval order) application request cannot reasonably proceed, then the processing of the subsequent application shall not proceed.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.13 PERIODIC REVIEW.
The Board shall periodically review the SLDC and make appropriate amendments. The Board shall review the SLDC at the time of adoption of the Zoning Map and six (6) months thereafter. The Administrator, the Planning Commission, other interested persons or groups may make recommendations to the Board for amendments to the SLDC.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.14 SEVERABILITY.
If any court of competent jurisdiction decrees that any specific provision of the SLDC is invalid or unenforceable, that determination shall not affect any provision not specifically included in the order or judgment. If any court of competent jurisdiction determines that any provision of the SLDC cannot be applied to any particular property, building, structure or use, that determination shall not affect the application of the SLDC to any other property, building, structure or use not specifically included in the order or judgment.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.15 SLDC TEXT AMENDMENTS OR ZONING MAP AMENDMENTS.
This Section provides uniform procedures for amendments to the SLDC text or the zoning map.
1.15.1
Applicability.
The provisions of this section shall apply to any application to:
1.15.2
Initiation.
1.15.2.1
SLDC text or map amendments may be initiated by the Board, the Planning Commission, an owner/applicant, or the Administrator for specific tracts, parcels or lots requiring quasi-judicial hearings; or for the SGMP, an Area, District, Community Plan or countywide zoning map or SLDC text changes requiring legislative hearings.
1.15.2.2
No text or map amendments to the SLDC may be proposed by an owner/applicant unless accompanied by a complete application in a form established by the Administrator, which application may require a request by the owner/applicant for discretionary development approval on the same land meeting all requirements of the SLDC for such discretionary development approval.
1.15.2.3
No amendment to the SLDC text or zoning map requiring a quasi-judicial hearing that concerns a single tract, parcel or lot under common ownership, or where the affected land by is [sic] predominantly owned by a single person or entity under common ownership, shall be granted unless the Board makes a finding that there has been a substantial change in the conditions of the area surrounding the owner’s property or an error or mistake in the SLDC text or zoning map; or the amendment is consistent with the SGMP and any applicable Area, District or Community Plans for the property.
1.15.3
Legislative Hearings.
The Planning Commission and Board shall consider amendments to the SLDC during a public hearing. The hearing shall be conducted as a legislative hearing where the SLDC text or map amendment does not concern a single tract, parcel or lot under common ownership, or the land affected by the text or map amendment is not predominantly owned by a single person or entity under common ownership.
1.15.4
Quasi-Judicial Hearings.
The public hearing before the Planning Commission and Board shall be quasi-judicial where the proposed SLDC text or map amendment has been filed by an owner/applicant; the text or map amendment concerns a single tract, parcel or lot under common ownership; or the land affected by the text or map amendment is predominantly owned by a single person or entity under common ownership.
1.15.5
Decision.
After receipt of the Planning Commission’s recommendation, the Board shall approve, conditionally approve or deny the map or text amendment. If the proposed map or text amendment is inconsistent with the General, Area, District, or Community Plan, the proposed amendment shall be denied unless a concurrent application for an amendment to the SGMP, Area, District or Community Plan has been submitted by the owner/applicant, the Board, the Planning Commission or the Administrator, and has been concurrently approved to eliminate any inconsistency.
1.15.6
Approval Criteria.
In reviewing an application for an SLDC text or map amendment, the Board shall consider the criteria set forth in this Section. No single factor is controlling; each must be weighed in relation to the other. The Board may attach to the development order approving or conditionally approving the application, any and all applicable conditions and mitigation requirements.
1.15.6.1
Consistency.
An SLDC text or map amendment shall be consistent with the SGMP, Area, District or Community Plan, the Official Map and the CIP.
1.15.6.2
Criteria.
1.
Public Policy.
The Board has determined through the SGMP that vast acreages of contiguous single-use zoning produces uniform sprawl with adverse consequences, such as traffic congestion, air pollution, increased energy usage, fiscal impact, inadequate provision of public facilities and services, loss of environmentally sensitive land and groundwater pollution. Accordingly, SLDC text or map amendments shall be granted primarily to promote compact development, economic, commercial and residential mixed uses, traditional neighborhood and transit oriented development, sustainable design and higher densities. Important public policies in favor of the SLDC text or map amendment shall be considered, including but not limited to:
a.
the provision of a greater amount of affordable housing;
b.
economic, nonresidential and renewable energy development;
c.
advancement of public facilities and services and elimination of deficiencies through use of voluntary development agreements;
d.
traditional neighborhood, transit oriented, infill, opportunity center and compact mixed-use development;
e.
substantial preservation of open space;
f.
sustainable energy efficient construction and neighborhood design; and g. consistency with the SGMP, Area, District or Community Plan goals, policies and strategies applicable to the property.
2.
Adverse Impacts on Neighboring Lands.
The Board shall consider the nature and degree of any adverse impacts upon neighboring lands. Tracts, parcels or lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive.
3.
Suitability as Presently Zoned.
The Board shall consider the suitability or unsuitability of the tract, parcel or lot for its use as presently zoned. This factor shall however, be weighed in relation to proof of a clerical mistake in the text or map dimensions and uses of the zoning district, substantially changed conditions in the area surrounding the property, or to effectuate the important public policies of Section 1.15.6.2, and is supported by the goals, policies, and strategies of the SLDC, the SGMP, Area, District or Community Plan.
1.15.6.3
Subsequent Applications.
1.
Applicability.
The provisions of this Section do not apply to any SLDC text or map amendment that is initiated by the County.
2.
Amendments.
Any subsequent amendment to the SLDC text or map requires a new application and a new fee and shall be processed as set forth in this Section.
3.
Scope of Approval.
No construction of a building or structure, grading, occupancy or use of the land shall be commenced without the owner/applicant obtaining all further required development approvals.
4.
Recording and Publication.
The amendment shall be recorded and published in accordance with law. When the amendment involves map changes to existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land, showing the new zoning classifications and designating the new boundaries. The Administrator shall refer to the attested ordinance as a record of the current zoning status until such time as the zoning map is physically changed.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 1.16 RURAL LIVING IN SANTA FE.
In rural areas of the County, residents should reference Resolution 2010-233 The Santa Fe County Version Of The Code Of The West, Known As Rural Living In Santa Fe County.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)