Santa Fe County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 3
DECISION-MAKING BODIES
§ 3.1 PURPOSE AND FINDINGS.
The purpose of this chapter is to establish the authority of the Board, Planning Commission, Administrator and Hearing Officer.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 3.2 THE BOARD OF COUNTY COMMISSIONERS.
3.2.1
Specific Powers and Responsibilities.
The Board shall have the responsibilities set forth in the SLDC as well as all powers and duties conferred upon it by State Law. Accordingly, the Board shall have the following powers and duties:
3.2.1.1
To initiate legislative amendments to the SGMP, an Area, District or Community Plan;
3.2.1.2
To initiate legislative amendments to the text and maps of the SLDC including the zoning map;
3.2.1.3
Except where a final development order has been authorized to be issued by the Planning Commission or the Administrator, to approve, approve with conditions or deny specific applications for discretionary development approval, and issue development orders on matters receiving discretionary development approval;
3.2.1.4
To approve, approve with conditions or deny voluntary development agreements;
3.2.1.5
To legislatively adopt and amend the Official Map and CIP;
3.2.1.6
To legislatively establish assessment and public improvement districts or other districts;
3.2.1.7
To legislatively establish and amend schedules for administrative, application and consultant fees, dedications, development fees, money-in-lieu of land, affordable housing fees and security instruments, including but not limited to bonds, letters of credit and cash escrow deposits, for payment and performance of obligations;
3.2.1.8
To initiate litigation and seek equitable and legal remedies to enforce violations of the SLDC, voluntary development agreements and the terms and conditions of development approval and take such any other actions, including the settlement of actions, as is authorized by the SLDC, other ordinances, regulations and statutes;
3.2.1.9
To take such other action not expressly delegated exclusively to any other agency or official by the SLDC as the Board may deem desirable and necessary to implement the provisions of the SLDC and the SGMP;
3.2.1.10
To appoint members of the Planning Commission, Hearing Officers, and other boards and committees that it may create;
3.2.1.11
To the extent permitted by State law, to delegate to the Planning Commission the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting and zoning; as well as to retain as much of this power, authority, jurisdiction and duty as the Board deems appropriate; and
3.2.1.12
To hear and rule on appeals from discretionary decisions of the Planning Commission.
3.2.2
Action and Appeals.
The Board shall hold public hearings and issue development orders, on applications for legislative or discretionary development approval, except where a final development order is authorized to be issued by the Planning Commission. Where the Planning Commission has authority to issue a development order determining a matter, the Board shall have appellate authority to review such development order if an appeal is properly perfected by the Administrator, the owner/applicant, or any other person or entity with standing to appeal the development order, no more than thirty (30) days from the date of the development order.
3.2.3
Conflict of Interest: Quasi-Judicial Proceedings.
A member of the Board of County Commissioners shall not vote or participate in any discretionary development matter pending before the Board as specified in County Code of Conduct.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 3.3 PLANNING COMMISSION.
3.3.1
Creation and Responsibilities.
There is hereby created a County Planning Commission (“Planning Commission”) which shall have the responsibilities and duties specified in the SLDC and in NMSA 1978, section 3-19-1 et seq. (1965) (as amended) and NMSA 1978, section 3-21-1 et seq. (1965) (as amended).
3.3.2
Duties and Powers of the Planning Commission.
The duties and authority of the Planning Commission are as follows:
3.3.2.1
To perform the functions specified in NMSA 1978 sections 3-19-1 and 3-21-7 (1965);
3.3.2.2
To review and recommend to the Board, for adoption, text and map amendments to the SLDC, SGMP amendments and the adoption and amendment of an Official Map, a Capital Improvement Plan (“CIP”) and other programs for public improvements and services and financing;
3.3.2.3
To hold public hearings and prepare written recommendations to the Board on certain discretionary development approvals subject to appeal to the Board in the matters designated in Table 4-1;
3.3.2.4
To hold public hearings and recommend action on an Area, District or Community Plan, final development orders, and quasi-judicial discretionary development applications;
3.3.2.5
To hold public hearings and take final action and issue development orders regarding applications for variances and conditional use permits; and
3.3.2.6
To enter upon any land that is the subject of an application that is the subject of this ordinance, make examinations and surveys, and place and maintain necessary monuments and markers upon the land pursuant to NMSA 1978 section 3-19-4, upon reasonable notice of not less than seventy-two (72) hours to the owner/applicant or designated agent of the land to be entered, and after adoption of an order authorizing the time, place and location of the entry onto land or site examination.
3.3.2.7
To make decisions on appeals from final decisions of the Administrator.
3.3.3
Membership and Terms.
3.3.3.1
Number; Appointments; Residency. The Planning Commission shall consist of seven (7) members, appointed by the Board. Planning Commission members shall be registered voters of the County. One member shall reside in each of the Commission Districts in order to provide diversity of representation; the remaining members shall be at large and may reside in any area of the County and be nominated by any Commissioner.
3.3.3.2
Terms and Removal. The initial members of the Planning Commission shall be the current members of the County Development Review Committee, who shall serve out their remaining terms. Thereafter, terms of members of the Planning Commission shall be for two (2) years or until their successors are appointed. Three (3) members shall be appointed in even-numbered years and four (4) members shall be appointed in odd-numbered years. Members shall serve for no more than three (3) consecutive terms. Members may be removed by the Board after a public hearing solely for reasonable cause set forth in writing and made part of the public record.
3.3.3.3
Vacancies. The Board shall appoint a person to fill a vacancy as soon as practicable after the vacancy is created.
3.3.4
Conduct of Planning Commission Business.
3.3.4.1
Officers; Quorum; Rules of Order. The Planning Commission shall follow the Rules of Order established by the Board for the conduct of meetings in the County.
3.3.4.2
Meetings. The Planning Commission shall meet at least once a month. All meetings of the Planning Commission shall be open to the public. Notice of such meetings shall be given in accordance with the applicable Board approved resolution establishing statutory notice for public meetings.
3.3.4.3
Minutes and Other Records. The County Clerk shall keep minutes of the proceedings of the Planning Commission, which shall reflect the vote on each matter put to a vote or, if a member is absent or fails to vote, reflect such fact; and such other records as are necessary to memorialize its transactions, findings, recommendations, resolutions, determinations and development orders, all of which shall be filed in the Office of the County Clerk.
3.3.4.4
Conflict of Interest. A member of the Planning Commission shall not vote or participate in any discretionary development matter pending before the Planning Commission as specified in the County Code of Conduct.
3.3.4.5
Recommendations and Development Orders. The Planning Commission shall not make a recommendation or take final action on any matter without first considering evidence received from the Administrator, planning staff, a Hearing Officer, or owner/applicant, reports of the pre-application neighborhood meeting, other persons with standing, Tribal governments, and other County, regional, state or federal departments or agencies, as determined by law.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 3.4 ADMINISTRATOR.
3.4.1
Appointment.
A person shall be appointed by the County Manager to serve as the Administrator. Where the SLDC assigns a responsibility to the Administrator, the Administrator may delegate that responsibility to any employee of the County.
3.4.2
Responsibilities.
The Administrator shall have the responsibility to administer and enforce the provisions of the SLDC, make advisory opinions on the interpretation of the SLDC, the SGMP, an Area, District or Community Plan, hold and determine the adequacy of security instruments and issue ministerial development orders as set forth in the SLDC. The Administrator shall make a reasonable interpretation of the SLDC that is not inconsistent with the SGMP.
3.4.3
Technical Advisory Committee.
3.4.3.1
Appointment; Responsibilities.
A Technical Advisory Committee (TAC) is hereby created, the members of which may be appointed by the Administrator. The TAC shall assist the Administrator as requested with review of applications.
3.4.3.2
Members.
The TAC may include representatives, as appropriate, from all County departments. In addition and as appropriate, the TAC may include, for a specific development approval application, representatives of school districts, cities, Tribal governments, public and private utilities, assessment or public improvement districts, acequia associations, regional, state or federal agencies and persons possessing necessary technical expertise.
3.4.3.3
Meetings.
The TAC shall meet regularly as required at the request of the Administrator. An owner/applicant shall appear before the TAC prior to filing an application as provided by the Administrator and the SLDC.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 3.5 HEARING OFFICER.
3.5.1
Establishment.
The SLDC hereby establishes the position of Hearing Officer for the purpose of assisting in the adjudication of quasi-judicial applications for discretionary development approval. More than one (1) Hearing Officer may be appointed, as appropriate.
3.5.2
Referral of Matters for Hearing.
3.5.2.1
Applications shall be referred to a Hearing Officer to conduct public hearings, make written findings of fact, conclusions of law and recommendations, and file written reports with such findings, conclusions of law and recommendations to the Planning Commission or Board for further action, in the matters designated in Table 4-1.
3.5.2.2
The Administrator, the Planning Commission, or the Board may refer other matters to a Hearing Officer, as appropriate.
3.5.3
Term and Removal.
A Hearing Officer or Hearing Officers shall be appointed by the Board for a definite term, not to exceed four (4) years, and may be reappointed at the conclusion of any term. A Hearing Officer may be removed by the Board solely for reasonable cause. Reasonable cause for removal of a Hearing Officer shall include, but not be limited to, violations of the standards set forth in the New Mexico Code of Judicial Conduct, as adopted by the New Mexico Supreme Court.
3.5.4
Qualifications.
A Hearing Officer shall have a J.D. degree from a law school certified by the American Bar Association or Association of American Law Schools, with not less than six (6) years of legal experience, and shall be licensed to practice law in New Mexico. During the term of the Hearing Officer’s appointment and during the three (3) years immediately preceding the Hearing Officer’s appointment, neither the appointed Hearing Officer nor the Hearing Officer’s law firm shall represent or have represented persons or entities with regard to land use applications submitted to the County or in appeals of or lawsuits regarding County land use decisions. In addition, a Hearing Officer shall not during the term of the Hearing Officer’s appointment:
3.5.4.1
hold elective office;
3.5.4.2
be employed by the County;
3.5.4.3
be appointed to any County or joint board or committee of the County and City of Santa Fe;
3.5.4.4
be employed by any political subdivision of the State of New Mexico or tribal government the geographic boundaries of which are located either wholly or partly within the geographic boundaries of the County; or
3.5.5
Powers and Duties.
A Hearing Officer shall have all powers necessary to conduct quasi-judicial hearings assigned to a Hearing Officer by the SLDC.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 3.6 EXTRATERRITORIAL LAND USE AUTHORITY (ELUA).
3.6.1
Creation. There is created the Santa Fe Extraterritorial Land Use Authority (ELUA) as provided in NMSA 1978, § 3-21-3.2 (2003) and pursuant to the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement (2008).
3.6.2
Membership. The ELUA shall consist of four County Commissioners appointed by the Board of County Commissioners and three City Councilors or two City Councilors and the Mayor appointed by the Mayor with the approval of the City Council. The remaining member of the board of county commissioners shall be appointed as an alternate to the ELUA, and the Mayor shall appoint alternates with the approval of the City Council from among the remaining City Councilors. The alternates shall be notified prior to a meeting of the ELUA if an appointed member cannot attend. When replacing a member, an alternate shall have the same duties, privileges and powers as other appointed members.
3.6.3
Term. The term of each ELUA member shall be for two years.
3.6.4
Responsibilities. The Extraterritorial Land Use Authority shall have the jurisdiction and powers of an extraterritorial zoning authority and shall carry out its duties related to planning and platting jurisdiction, extraterritorial zoning, subdivision approval and annexation approval or disapproval as provided in the Municipal Code, NMSA 1978, § 3-1-1 et seq. and as set forth in the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement (2008). The Extraterritorial Land Use Authority shall approve or disapprove annexation petitions brought pursuant to NMSA 1978, § 3-7-17.1 (2003) upon review and recommendation of the Extraterritorial Land Use Commission (ELUC).
(Ordinance 2022-06 adopted 8/9/2022)
§ 3.7 THE SANTA FE EXTRATERRITORIAL LAND USE COMMISSION (ELUC).
3.7.1
Creation. There is created the Santa Fe Extraterritorial Land Use Commission (ELUC) as provided in NMSA 1978, 3-21-3.2 (2003) and pursuant to the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement (2008).
3.7.2
Membership. The ELUC shall consist of five members of the County Planning Commission appointed by the Board of County Commissioners and five members of the City Planning Commission appointed by the Mayor with approval of the City Council. Alternates to the ELUC shall be appointed by the Board of County Commissioners from the remaining members of the County Planning Commission and by the Mayor with approval of the City Council from the remaining members of the City Planning Commission. Alternatives shall be notified prior to a meeting of the ELUC if an appointed member cannot attend. When replacing a member, the alternate shall have the same duties, privileges and powers as other appointed members.
3.7.3
Term. The term of each ELUC member shall be for two years.
3.7.4
Responsibilities. The ELUC shall have the authority to carry out duties and make recommendations related to planning and platting jurisdiction, subdivisions, zoning, and annexations as provided for in NMSA 1978, §§ 3-7-3, 3-7-3.2 and 3-7-4 (2003) and as set forth in the Santa Fe County and City Extraterritorial Land Use Joint Powers Agreement (2008).
(Ordinance 2022-06 adopted 8/9/2022)