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)
1.11.2
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:
1.15.2
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)
