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)
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)
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)
1.4.1 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)
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)
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)
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)
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)
1.9.1 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)
1.10.1 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)
1.11.1 Effect of Zoning Map on Prior Zoning Approvals.
The
Zoning Map adopted in conjunction with the SLDC shall incorporate
zoning or rezoning of property actions completed prior to the effective
date of the SLDC.
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)
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)
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)
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)
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:
1.15.1.2 Amend the zoning map by reclassifying the zoning district of a tract,
parcel or lot from one zoning district to another; or by reclassifying
the zoning districts for areas, communities or countywide.
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)
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)