This chapter may be cited as the "Short-Term Rental Regulation,
Registration and Licensing Chapter."
(Ordinance 1992-03 adopted 4/14/92; Ordinance
2022-07 adopted 10/25/2022)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The authority granted by the county to a person, authorizing
the person to:
The authority granted by the county to a person to engage in
business, after the person completes a county business registration
form and pays the required business registration fees.
Business registration is required for any person who engages
in any permanent business activity in the county.
The area within the boundaries of the county, including privately
owned land and land owned by the United States, except the area within
the limits of any incorporated municipality or Indian reservation.
The activity of persons operating, conducting, doing, carrying
on, causing to be carried on or pursuing any business, profession,
occupation, trade, pursuit or activity for the purpose of profit or
support, when the work or activity occupies a person’s time
or attention on a regular basis, including the keeping of books and
accounts, maintaining an office mailing address or telephone line
inside the county.
Engaging in business does not include a minimum connection between
the county, including its residents and the person or the business
transaction and does not include incidental contacts within the county,
such as conducting a meeting or placing a phone call, when the contacts
are not part of a common or routine business or profit-making activity
or do not result in more than a nominal profit to a person.
Any activity or inaction by a person engaging in business
in the county and includes, but is not limited to:
The engaging in business in the county which requires a county
business license and includes the following activities:
Junk yard dealers and salvage yard dealers;
Traveling or itinerant theater productions;
Persons who regularly deal in secondhand goods of any kind,
excluding automobiles, but including pawnbrokers;
Fireworks vendors;
Circuses and carnivals;
Amusement rides;
Kennels;
Commercial motion picture, photographing or filming activities;
Any other business to which the public at large is invited which
is not specifically enumerated above, including, but not limited to
flea markets, festivals, athletic events, motor vehicle races, musical
events, concerts, contests, rodeos and animal shows, but not including
single-family garage sales; and
Non-owner occupied short-term rentals, as defined in section 110.09(H).
Commercial solid waste haulers, as defined in Ordinance 2014-10
[sec. 50.01 et seq.].
The engaging in business in the county for 60 days or more
in any 12-month period.
Any individual, estate, trust, receiver, cooperative association,
club, corporation, company, firm, partnership, joint venture, syndicate
or other entity engaging in a business, profession, occupation, trade,
pursuit or activity.
Any tract, lot, premises or other location, whether it be a
personal residence, main business location, office or an outlet, branch
or other location thereof, temporary or otherwise:
In the event there is no such location, but the business is
transacted at the location of the buyer, then the general sales area
shall be considered a place of business.
Unless a construction contractor has at least one permanent
location within the county, place of business includes a construction
site, located therein.
The engaging in business in the county, which business is
conducted for less than 60 days in any 12-month period.
(Ordinance 1992-03 adopted 4/14/92; Ordinance 2016-04, sec. 10(A), adopted 5/31/16; Ordinance 2022-07 adopted 10/25/2022)
Any person proposing to engage in business within the county
shall apply for a business registration permit and/or a business license,
on a form provided by the county treasurer, and shall pay the appropriate
fee, all as set forth below:
(1)
Business
registration and fee.
(a)
Any person engaging in a permanent business must complete a county
business registration form prior to March 15 of each year. For a person
commencing business after March 15 of any year the business registration
form and fee are due 30 days after the day the person commences engaging
in business in the county.
(b)
The business registration fee is $35.00 per calendar year, is chargeable
for each place of business, may not be pro rated for business conducted
for a portion of a year and is due and payable on March 15 of each
year to the county treasurer.
(2)
Business
license and fee.
Any person engaging in a temporary business
or in a licensed activity must complete a county business license
form before a license will be issued and must comply with any license
requirements set forth in this chapter.
(a)
Person subject to license.
Whenever, in this chapter,
a license is required for engaging in business, any person shall be
subject to the requirement if by himself, herself or through an agent,
employee or partner, he or she holds himself or herself forth as being
engaged in business or occupation; or solicits patronage therefor,
actively or passively; or performs or attempts to perform any part
of such business or occupation in the county.
(b)
Investigation.
Before issuing a business license permit,
the county may make inspections and investigations of the person applying
for the license and the properties on which the licensed activities
will take place and will make its findings available to the applicant
within ten business days of the applicant’s license application
submittal to the county. The purpose for the inspection may include,
but is not limited to the prevention of nuisance conditions and protection
of health, safety and welfare of county residents and patrons to the
proposed licensed business. The county treasurer may refuse to issue
a license to an applicant when the investigation reports conditions
which are unfavorable to the issuance. The decision of the county
treasurer may be appealed by an interested party to the board of county
commissioners. The county treasurer may impose a reasonable fee on
the applicant to cover the cost of the investigation.
(c)
Issuance.
The county treasurer may issue a license to
an applicant with certain terms, conditions and/or requirements and
may require that any or all of the requirements be satisfied before
the license is issued. Any license holder who requests a second copy
of their license may obtain the duplicate license following payment
of the duplicate license fee set forth in subsection (d)14. below.
(d)
Fees.
The following fees shall be imposed on persons
applying for a business license:
1.
Auctions: $100.00 per day.
2.
Carnivals: $150.00 per day.
3.
Circuses: $150.00 per day.
4.
Itinerant vendors, who bring into the county stocks or samples of
any goods, wares or other merchandise and offers the same for sale:
$50.00 per year or any portion of a year.
5.
Itinerant vendors, who offer services to the public: $50.00 per year
or any portion of a year.
6.
Salvage yard dealers: $50.00 per year.
7.
Itinerant musical or theatrical exhibitions: $25.00 per day.
8.
Mobile home parks, as defined in county land development code: $2.00
per space, with a minimum charge of $50.00 per park per year.
9.
Itinerant salespersons, magazine and newspaper solicitors or individuals
soliciting business of any kind: $50.00 per year, excluding newspaper
carriers.
10.
Dealers in secondhand goods of any kind, including flea-markets and
pawnbrokers: $50.00 per year.
11.
Firework stands, which sell contrivances of flammable and explosive material combined in various proportions for purposes of producing combustion, light or noise: $300.00 per day; also, applicants must comply with the provisions of chapter 96 of this code, as amended and/or replaced from time to time.
12.
Kennel fees and additional requirements are set forth in the provisions of chapter 95 of this code, as amended.
13.
Any other temporary business: Up to $10.00 per month.
14.
Duplicate license: six ($6.00) dollars.
15.
Commercial solid waste haulers: Fifty dollars ($50.00) per year.
16.
Non-owner occupied STRs, $375.00 for the initial business license
and $300.00 for each renewal, both of which are payable at the time
of application and are not refundable.
(3)
Reapplication.
Any person who had validly engaged in business in the county
and who is not engaging in business in the county for one or more
calendar years must reapply for business registration and/or business
license, pursuant hereto.
(Ordinance 1992-03 adopted 4/14/92; Ordinance 2013-04, secs. 1–2, adopted 6/25/13; Ordinance 2016-04, sec. 10(B), adopted 5/31/16; ; Ordinance
2022-07 adopted 10/25/2022)
(A)
Before
a business license is granted, the county land use administrator may
review the license application and shall inform the applicant of any
further requirements pursuant to life, health, welfare and safety
considerations.
(B)
If,
after review of the business registration or license application,
it is determined that a development permit, as defined in the county
land development code, as amended from time to time, is also required,
the registration or license shall not be issued until the development
permit is obtained.
(C)
If
the land use administrator determines that restrictions or limitations
should be placed on the licensed activity in order to protect the
health, safety or welfare of the citizens, he or she may impose requirements
or conditions on the issuance of the registration or license, which
shall reasonably be related to the concerns for the health, safety
or welfare of the citizens of the county.
(Ordinance 1992-03 adopted 4/14/92)
(A)
Prior
to March 15 of each year, a person engaging in business in the county
and subject to this chapter shall submit the business registration
form and shall pay the fee for renewal of business registration and/or
business license with the county treasurer.
(B)
The
deadline to submit a renewal application for a non-owner occupied
STR business license shall be thirty days (30) prior to the expiration
of the business license.
(Ordinance 1992-03 adopted 4/14/92; Ordinance
2023-01 adopted 3/14/2023)
Any person who does not pay the registration fee prior to March
15 of each year, or the license fee and any renewal fees thereto within
seven days of the due date will be assessed a late fee in the amount
of $10.00, which must be paid before the business registration or
business license will be reissued.
(Ordinance 1992-03 adopted 4/14/92)
(A)
The
county treasurer may refuse to grant or renew a business registration
or license to a person, based upon good cause.
(B)
(1)
Upon request from the person whose registration or license has been
or has been threatened to be denied, the reasons for the denial shall
be written and given to the person within seven days of the denial
or revocation.
(2)
The written decision shall state that the person shall be given the
opportunity to appeal the denial or revocation at a hearing held before
the board of county commissioners.
(3)
The hearing shall be held at a regularly scheduled meeting of the
board of county commissioners, if the person denied a business registration
or a license requests a hearing, in writing, delivered to the county
manager, 14 calendar days before the meeting of the board of county
commissioners.
(4)
The request for hearing must be made within 30 calendar days of the
denial or revocation decision of the county treasurer.
(5)
The decision of the board of county commissioners can then be appealed
to the First Judicial District Court within thirty (30) days of the
date of filing of the final decision.
(Ordinance 1992-03 adopted 4/14/92; Ordinance
2022-07 adopted 10/25/2022)
(A)
Any
person engaging in business in the county without a business registration
and/or without a business license, when required to have such by ordinance,
is in violation of this chapter.
(B)
Any
person who does not cease engaging in business in the county when
a letter is delivered to the place of business of the person or to
a person who owns, manages or otherwise directs operation of the business,
ordering that all business operating without the required county license
and/or registration shall cease within three business days of the
receipt of the letter unless the person operating the business corrects
all violations of county ordinances within three business days of
the receipt of the letter and obtains a valid registration and/or
license from the county, shall be in further violation of this chapter
with penalties as set forth below.
(Ordinance 1992-03 adopted 4/14/92 Penalty, see section 110.99)
(A)
Exhibitions
and carnivals.
(1)
License required.
It shall be unlawful for any person
to conduct or operate within the county any exhibitions or carnivals
which are open to the public without first securing a license therefor;
provided that this section shall not apply to those amusements or
exhibitions which are specifically licensed in other sections of this
chapter.
(2)
Carnival.
Exhibitions.
Definitions.
For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning.
Amusement activities, rides, merry-go-rounds, booths for
the conduct of games of skill, food dispensing facilities and side
shows. A carnival shall not include gambling devices, games of chance,
lotteries, punch boards or such other activities.
Circuses, menageries, carnivals, side shows and other similar
amusement enterprises which are open to the public and to which a
fee for admission is charged.
(3)
Condition of license.
(a)
In addition to other requirements set forth herein, the applicant
shall furnish suitable evidence of his or her intention and ability
to comply with the following conditions: the operator and sponsor
of the carnival or exhibition shall each be wholly responsible for
maintaining order and for keeping the site clean, free of trash, papers
and other debris; and trash containers in adequate number shall be
placed in convenient locations for the use of the public and the contents
shall be properly disposed.
(b)
No ride shall be placed in operation for public use until the applicant
has certified that the same has been inspected for mechanical, structural,
electrical and other hazards by a licensed electrical or mechanical
engineer. The licensed engineer shall also set forth adequate safeguards
which the applicant shall install to protect both operators and the
general public from inadvertently coming into contact with moving
parts, belts, motor gears, electrical switches and other possible
or potential hazards.
(4)
Insurance.
No license shall be issued for conducting
an exhibition or carnival until the applicant has placed on file with
the county treasurer a certificate or certificates of insurance indicating
that there is in effect public liability insurance covering any damages
arising out of the use and operation of any and all devices and facilities
operated in connection with a carnival or exhibition. The insurance
shall be in the minimum amount of $1,000,000 for person and $3,000,000
for each accident.
(B)
Races;
athletic exhibitions.
(1)
It shall be unlawful to conduct, operate or exhibit any race between
persons, animals or vehicles, including dog races, boxing or wrestling
matches or any other athletic contest or exhibition for admittance
to which a fee is charged, without having first secured a license
therefor; provided that the applicant shall furnish substantial evidence
of this intention and ability to conduct the event to assure the health,
safety and welfare of the residents of the county, and in particular,
shall furnish proof of his or her ability to maintain traffic and
crowd control and to maintain the site clean and free of trash, papers
and other debris.
(2)
No license shall be required for baseball, soccer or football games
or for any exhibition given under the auspices or for the benefit
of any religious, educational, charitable, social or fraternal organization.
(C)
Auctioneers.
(1)
License required.
It shall be unlawful for any person
to conduct an auction in the county or to be engaging in business
as an auctioneer, whether the goods sold are owned by the auctioneer
or not, without having first obtained a license as is herein provided.
(2)
Applications.
Applications for auctioneers’ licenses
or for a single auction shall state thereon the place of business
intended to be occupied, if any, or the place of the auction; and
the application shall give the names of any employees, not to exceed
two who are to be authorized to conduct auctions under the authority
of the license.
(3)
Character of applicant.
No license shall be issued to
any but a person of good character; the county sheriff may investigate
the character of each applicant before the license is issued.
(4)
Employees.
Every person licensed as an auctioneer may
designate not to exceed two employees who may be authorized by him
or her to conduct auctions. The employer shall be liable for any violation
of the county ordinances committed by an employee in conducting an
auction.
(5)
Exemptions.
Nothing in this section shall be held to
apply to any public auction or sale made or conducted by a public
officer or person by virtue of any judicial order or process or by
virtue of any power or authority contained in a mortgage or trust
deed.
(D)
Flea
markets.
(1)
Flea market.
Flea market seller.
Market.
Definitions.
For the purpose of this subsection, the
following definitions shall apply unless the context clearly indicates
or requires a different meaning.
A market, indoors or outdoors, where new or used items are
sold from individual locations, with each location being operated
independently from the other locations. Items sold include, but are
not limited to household items, antiques, rare items, decorations,
used books and used magazines.
A person selling items or offering items for sale at a flea
market.
A place where goods are sold to the public.
(2)
License required.
(a)
No person shall operate the business of a flea market or of renting
space or allocating space to flea market sellers without first obtaining
a license.
(b)
Applications for licenses shall be made to the county treasurer,
on forms provided by the county treasurer. Only one license shall
be required for each flea market and the individual flea market sellers
shall not be required to obtain a license under this section.
(3)
Records to be kept by licensee.
Each person required
by this chapter to obtain a license shall keep accurate records of
the names and addresses of each flea market seller together with a
brief description of the type or types of merchandise offered for
sale by that seller.
(4)
Secondhand stores excepted.
No person having a license
as a secondhand store shall be required to obtain a license under
this chapter for the same business location.
(5)
More than one market.
Any person renting or allocating
space to flea market sellers in more than one market or place of business
shall be required to obtain a license for each place of business,
provided that one license shall be adequate for locations that are
on the same lot, adjacent lots or lots separated only by an alley.
(6)
Unlawful transactions.
No person shall sell or offer
for sale at any flea market any goods known to the person to be stolen.
(7)
Purchases from children.
No flea market seller shall
purchase any used household item, antique or used article whatsoever
from any person under the age of 18 years unless the person is accompanied
by the person’s parent or guardian.
(E)
Automobile
salvage yards.
(1)
Automobile salvage yard.
Definition.
For the purpose of this subsection, the
following definition shall apply unless the context clearly indicates
or requires a different meaning.
Any lot or place which is exposed to the weather, upon which
more than five motor vehicles of any kind, incapable of being operated
on the roads of the county, are placed.
(2)
Fences required.
An automobile salvage yard shall be
entirely enclosed by a fence eight feet in height, which shall be
kept neatly painted and in good repair at all times and which shall
be constructed of plank, board or coyote fence, so as to exclude the
yard from public view. A period of 60 days from the date of the passage
of this chapter is allowed the operators of the yards to construct
the fence or fences required by this chapter.
(3)
Advertisements on fences.
The fence enclosing an automobile
salvage yard shall not be used for bill postings or other advertising
purposes, except that a space not larger than six feet by 12 feet
may be used for the advertisement of the business of the owner thereof.
Where the yard fronts on more than one street, the use of space for
advertisement herein permitted shall extend to each street on which
the yard abuts.
(4)
Contents not to extend above height of fences.
The contents
of an automobile salvage yard shall not be placed or deposited to
a height greater than the height of the fence surrounding it.
(5)
Time for demolishing and wrecking cars.
Work in connection
with the demolishing or wrecking of cars is permitted only on weekdays
between the hours of 7:00 a.m. and 6:00 p.m.
(6)
Open fire.
No open fire for the burning of rubbish,
trash, automobiles or any parts thereof or other waste matters is
permitted.
(7)
Rubbish and waste matter.
An automobile salvage yard
shall, as far as practicable, be kept clear and clean of all rubbish
or waste matter.
(8)
Gasoline to be drained from vehicles.
All tanks and
engines shall be kept thoroughly drained of gasoline.
(9)
Police officers to have access for inspection.
All automobile
salvage yards, together with the books required by this section shall
be, at all times, open for inspection to all officers of the county
having police power and the county land use administrator or his or
her designee.
(10)
Time when purchases by operator permitted.
No purchaser
operating or maintaining an automobile salvage yard shall purchase
any vehicles or parts or accessories thereof, except between the hours
of sunrise and 10:00 p.m.
(11)
Records.
Any person maintaining or operating an automobile
salvage yard shall keep, at his or her place of business, a book in
which a record shall be kept of the day and time of day of each purchase,
the name, residence and description of the person selling and actually
delivering the vehicle, parts or accessories purchased, the amount
of the purchase price, the make, state license number, motor number,
body number, style, seating capacity of the vehicle purchase; the
make and identifying number of the radiator, speedometer and magnetos
purchased, together with any other information concerning the property
as may be necessary to prove ownership or identity of the vehicles
or of the automobile parts or accessories purchased.
(12)
Buying, selling vehicles or parts from which identification marks
have been removed; notice to sheriff.
(a)
No automobile salvage yard operator shall knowingly buy, sell, receive,
dispose of, conceal or have, in his or her possession, any motor vehicle,
part or accessory from which the manufacturer’s serial number
or any other number or identification mark has been removed, defaced,
covered, altered or destroyed for the purpose of concealing or misrepresenting
the identity of the vehicle, part or accessory.
(b)
Every person to whom is offered for sale any motor vehicle, part
or accessory from which has been removed, defaced, covered, altered
or destroyed the manufacture’s serial number or any number or
identification mark shall immediately notify the county sheriff.
(13)
Sales to minors.
No automobile salvage yard operator
shall purchase any automobile or automobile part or any article whatsoever
from any minor without the written consent of the minor’s parent
or guardian.
(14)
License required.
No person shall maintain or operate
an automobile salvage yard without first having obtained a license.
(15)
Fire extinguishers.
(a)
Each automobile salvage yard shall have on hand at least one fire
extinguisher of any type recommended by the manufacturer to put out
gasoline fires and fires in automobiles.
(b)
The fire extinguisher shall be in plain sight in an easily accessible
location and shall be kept charged.
(c)
Each employee shall be informed of the location of the fire extinguisher
and of the manufacturer’s instructions for using it.
(16)
Grace period.
All owners or operators of automobile
salvage yards are hereby given a 120-day grace period to perform all
construction and improvements, including the construction of fences
as required by this chapter.
(F)
Kennels.
Kennel requirements are contained in chapter 95 of this code, as amended or replaced from time to time, and are incorporated herein by reference.
(G)
Commercial
solid waste haulers.
(1)
No commercial solid waste hauler shall engage in business within
the unincorporated county area without first obtaining a business
license. Applications for licenses shall be made to the county treasurer,
on forms provided by the treasurer.
(2)
Commercial solid waste haulers shall comply with all applicable federal, state, and local laws, including but not limited to the New Mexico Solid Waste Act, NMSA 1978, sections 74-9-1 through 74-9-43, the County Solid Waste and Recycling Management Act, Ordinance 2014-10 [sec. 50.01 et seq.], and the Residential Solid Waste and Recycling Collection and Reporting Ordinance.
(H)
Short-term rentals..
(1)
Findings.
The board of county commissioners finds
and declares that the regulation of all STRs and licensing of non-owner-occupied
of STRs is conducive to the promotion of the health and general welfare
of the county because:
(a)
STRs can negatively impact neighboring properties due to noise,
traffic, trash, and offsite parking associated with the STR.
(b)
STRs are businesses available to rent to the general public,
many of whom reside outside of the county and may not be familiar
with local law.
(c)
Excessive occupancy in STRs poses the risk of unduly straining
scarce water resources and negatively impacting the environment by
overburdening septic systems.
(d)
Because STRs often consist of residential housing used as commercial
lodging made available to rent to the general public, the chance of
noncompliance with the county fire code is increased as is the risk
posed by such noncompliance to vendees.
(e)
Owner-occupied STRs carry a lower risk of regulatory noncompliance
and negative externalities because the owner is generally onsite when
the STR is rented and the owner can be presumed to have a vested interest
in maintaining the quality of life of the community in which they
live.
(f)
Public testimony at hearings on the proposed STR ordinance stated
that housing in certain areas of the county have been turned into
non-owner occupied STRs, thereby negatively impacting affordable housing
and long-term rental opportunities within the county.
(g)
The board recognized the lack of affordable housing through
adoption of Resolution 2022-066, which identified the need for an
estimated 7,343 affordable rental units with in the Santa Fe Metropolitan
Statistical Area in 2020, according to the New Mexico Mortgage Finance
Authority.
(h)
A July 2020 report by the University of New Mexico Bureau of
Business and Economic Research suggests that, when cost-burdened households
and in-commuters are considered, the actual unmet need for affordable
housing in the county is much higher and rapidly growing.
(i)
The imposition of a moratorium on the submission, acceptance,
processing, and approval of applications for business licenses for
non-owner occupied STRs in dwellings or on property acquired after
the effective date of this section will avoid growth impact and temporarily
stabilize local housing while the county investigates relevant issues
related to non-owner occupied STRs, including, but not limited to
the impact of STRs on housing supply, areas where STRs conflict with
primary residential uses established in traditional and historic communities,
noncompliance and enforcement issues, and staff time necessary to
administer applications, and develop any appropriate regulations related
thereto.
(j)
To prevent immediate danger to the public health, peace, safety,
and welfare of the county, the board determines that it is necessary
to extend the deadlines for registering and licensing STRs to June
1, 2023. Additional time is needed for the orderly submission and
processing of STR applications and to address instances where existing
STRs do not comply with one or both requirements that STRs are only
allowed:
(k)
The board recently received a third-party consultant's report
on impacts related to short-term rentals in the county. Additional
time is needed to study the results of the report and appropriately
consider the potential impacts identified in subsection (i) above,
as well as determine whether the moratorium should be discontinued
or further extended or whether further or different regulations on
non-owner occupied short-term rentals are necessary. Accordingly,
the board determines that it is necessary to extend the moratorium
on non-owner occupied short-term rentals to February 26, 2024.
(l)
On November 30, 2023, the board held a work session to discuss
potential revisions to this section and recommended limitations on
numbers of STRs that can be licensed, registered, or owned, in whole
or in part, as well as limits on the number of non-owner occupied
STRs that can be operated in certain areas of the county, and recommended
that the moratorium not be extended past February 26, 2024. In keeping
with the county's goal of preserving historic and traditional character
while maintaining livability, the county desires to minimize the negative
impacts of short-term rentals on the county's neighborhoods, housing
supply, economy, and environment.
(2)
Purpose and intent.
The purpose of this section
is to establish regulations, registration and licensing standards,
and registration and licensing procedures for STRs to:
(3)
Accessory dwelling unit (ADU).
Daytime occupancy limit.
Non-owner occupied.
Occupancy limit.
Owner-occupied.
Owner.
Primary residence.
Quiet hours.
Short-term rental or STR.
SLDC.
Time share.
Vendee.
Vendor.
Definitions.
For the purposes of this section
(capitalized and bolded terms not defined herein shall have the same
meaning as in the SLDC):
A dwelling unit that is located on the same legal lot of
record as, but incidental to, the owner's primary residence. The ADU
may share at least one wall with the primary residence or be a stand-alone
structure (detached) from the primary residence.
The maximum number of people who can gather at the STR during
the day, including people not staying overnight.
A Dwelling that is not owner-occupied.
The maximum number of people allowed to stay overnight at
the STR, not including children aged five (5) and under.
Is a dwelling that is the owner's primary residence or an
ADU that is located on the same legal lot of record as the owner's
primary residence.
The person who is the record title owner of the property
for which an STR registration or STR license is sought or held.
The Dwelling in which the owner resides for
a cumulative minimum 275 days during a 12-month period. Primary residence
is demonstrated by showing that, as of the application date for registration
of the Dwelling as a short-term rental, the owner has
resided in the Dwelling for 275 days during the past
12 months, or that the owner intends to reside in the Dwelling for 275 days of the next 12 months.
Designated hours during which noise from a STR is more highly
regulated.
A Dwelling or portion thereof that is rented
for periods of less than thirty (30) consecutive days.
The Santa Fe County Sustainable Land Development Code, Ordinance
No. 2016-9, as amended.
A right to occupy a unit or any of several units during five
or more separated time periods over a period of at least five years,
including renewal options, whether or not coupled with a freehold
estate or an estate for years in a timeshare project or a specified
portion thereof. A "time share project" means any real property that
is subject to a time share program. A "time share program" means any
arrangement for time shares whereby real property has been made subject
to a time share. An owner of a time share program or project shall
obtain one business registration for such program or project. A person
or business who has purchased a time share within a time share program
or project will be required to obtain a license or registration under
this section, whichever is applicable, prior to renting the time share
as a STR.
A natural person to whom a STR is rented.
The proprietor of any Dwelling, lodging, or
sleeping accommodation offered or used as a STR, whether in the capacity
of owner, lessee, sublessee, mortgagee in possession, licensee, or
any other possessory capacity.
(5)
Owner-occupied short-term rentals.
(b)
Registration contents, display, and notice.
1.
The business registration for an owner-occupied STR shall specify
the name of the owner, address of the STR, the business registration
number, and the expiration date.
2.
The business registration shall be displayed in a prominent
and visible location within the STR, along with the following information
on a form prepared by the land use administrator:
a.
The occupancy limit and the daytime occupancy limit;
b.
A notice of the maximum number of vehicles to be parked at the
STR;
c.
A summary of the regulations contained in this section;
d.
The name and contact information of the owner or owner's agent
who can be reached 24/7 to meet emergencies;
e.
The physical address of the STR;
f.
Solid waste storage and disposal requirements; and
g.
Quiet hours applicable to the STR.
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The information listed in subsections a through g shall be provided
to vendees at least 48 hours prior to the beginning of the rental
period.
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3.
All listings and advertisements for an owner-occupied STR shall
include the business registration number for the STR and its expiration
date.
4.
The owner of a STR receiving a business registration shall provide
notice by first class mail to the owners of all adjacent properties.
The notice shall be mailed no later than fifteen (15) days after approval
of the business registration and the applicant shall provide an affidavit
of mailing. The notice shall be on a form provided by the land use
administrator and, at a minimum, shall include contact information
for the owner or person responsible for managing the STR who can be
contacted 24/7 to report violations of the regulations contained in
this section or other county ordinance, a summary of STR regulations,
information on how to report a violation to the owner or person responsible
for managing the STR and the county, and a copy of the business registration.
(c)
Procedure.
1.
The application and submittal requirements for a business registration
for an owner-occupied STR shall be developed by the land use administrator
and shall include, at a minimum, the following:
a.
An affidavit or other proof that the STR is owner-occupied.
b.
Failure to submit a complete application, including the applicable
fee and all required submittals, constitutes good cause for denial
of the application.
c.
The land use administrator shall review the application for
completeness. If an application is deemed incomplete, the land use
administrator shall inform the applicant in writing and provide the
applicant with a reasonable amount of time to submit a complete application
before the application is denied and a new fee is required.
d.
As it relates to business registrations for owner-occupied STRs, the land use administrator rather than the county treasurer shall have the authority provided in section 110.03, section 110.05, and section 110.07 of the business registration and licensing chapter, provided that the county treasurer may, based upon the land use administrator's decision, physically issue a business registration for a STR.
(6)
Non-owner occupied short-term rentals.
(a)
License required; term.
1.
Beginning on June 1, 2023, no person may operate a non-owner
occupied STR without a business license.
2.
Each dwelling used as a non-owner occupied STR shall require
a separate business license.
3.
Business licenses for STRs shall be good for one year after
issuance unless earlier revoked in accordance with this chapter.
4.
The owner of the non-owner occupied STR shall be the record
title owner of the property or dwelling; provided, however, that,
for a period from November 25, 2022, to February 26, 2024, no application
for business license for a non-owner occupied STR shall be submitted,
accepted, processed, or approved for a dwelling or property acquired
by the owner after November 25, 2022. This temporary moratorium on
newly acquired property being developed as an STR is necessary to
allow time for the board to study and analyze relevant issues related
to non-owner occupied STRs, including, but not limited to the impact
of STRs on affordable housing supply, areas where STRs conflict with
primary residential uses established in traditional and historic communities,
and noncompliance and enforcement issues, and develop any appropriate
regulations related thereto.
5.
Non-owner occupied STRs shall
be limited in number as follows:
a.
In the following Census Designated Places (CDPs), the number
of non-owner occupied STRs shall be limited to 3% of total housing
stock:
(i)
Agua Fria CDP, Arroyo Hondo CDP, Canada de los
Alamos CDP, Canoncito CDP, Conejo CDP, Eldorado at Santa Fe CDP, Galisteo
CDP, Glorieta CDP, La Cienega CDP, La Cueva CDP, La Tierra CDP, Lamy
CDP, Las Campanas CDP, Los Cerrillos CDP, Madrid CDP, Santa Fe Foothills
CDP, Sunlit Hills CDP, and Tres Arroyos CDP.
b.
In the following CDPs, the number of non-owner occupied STRs
shall be limited to 7% of total housing stock:
(i)
Chimayo CDP, Chupadero CDP (excluding Rancho Encantado
condominium area), Cuyamungue CDP, El Rancho CDP, El Valle de Arroyo
Seco CDP, Encantado CDP, Hyde Park CDP, Jacona CDP, Jaconita CDP,
Nambe CDP, Pojoaque CDP, Rio en Medio CDP, San Ildefonso Pueblo CDP,
Seton Village CDP, Tano Road CDP, Tesuque CDP (excluding Bishop's
Lodge condominium area), and Valencia CDP.
c.
Non-owner occupied STRs licensed prior to the effective date
of this section may obtain a renewal, notwithstanding the limitations
in subsections a., b. and (H)(7)(l), so long as there is no change
in ownership.
d.
(i)
As used in this section, "total housing stock"
means the number of dwelling units within the CDP or community planning
area with addresses assigned by the county pursuant to the county's
rural addressing system established by Ordinance No. 1990-05, as amended.
(ii)
On or before January 31 of each year, the growth
management department director shall calculate the total housing stock
as of January 1 of that year and the number of non-owner occupied
STRs allowed in accordance with this section. The number of allowable
non-owner occupied STRs shall be posted on the county's website
and shall be valid until updated in accordance with this section the
following January.
(iii)
The growth management department will process
applications in the order of receipt and will issue new permits in
the order that complete applications are received. If the number of
permits reaches the above limitations in subsection (H)(6)(a)5, then
the growth management department will stop processing applications
and will add applicants to a waiting list until a permit becomes available.
If an applicant waits on the list for a year or longer, the growth
management director may require the applicant to indicate a continued
interest in remaining on the list and remove those applicants that
do not express interest in remaining on the list.
(b)
License, contents, display and notice.
1.
The business license for a STR shall specify the name of the
owner, address of the STR, the occupancy limit, the daytime occupancy
limit, the business license number, and the expiration date.
2.
The business license shall be displayed in a prominent and visible
location within the STR, along with the following information on a
form prepared by the land use administrator:
a.
A notice of the maximum number of vehicles to be parked at the
STR;
b.
A summary of the regulations contained in this section;
c.
The name and contact information of the owner or owner's agent
who can be reached 24/7 to meet emergencies;
d.
The physical address of the STR;
e.
Solid waste storage and disposal requirements; and
f.
Quiet hours applicable to the STR.
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The information listed in subsections a. through f. shall be
provided to vendees at least 48 hours prior to the beginning of the
rental period.
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3.
The owner of a STR receiving a business license shall provide
notice by first class mail to the owners of all adjacent properties.
The notice shall be mailed no later than 15 days after approval of
the business license and the applicant shall provide an affidavit
of mailing. The notice shall be on a form provided by the land use
administrator and, at a minimum, shall include contact information
for the owner or person responsible for managing the STR who can be
contacted 24/7 to report violations of the regulations contained in
this section or other county ordinance, a summary of STR regulations,
information on how to report a violation to the owner or person responsible
for managing the STR and the county, and a copy of the business license.
4.
All listings and advertisements for a non-owner-occupied STR
shall include the business license number for the STR and its expiration
date.
(c)
Procedure.
1.
The application and submittal requirements for a business license
for a non-owner-occupied STR shall be developed by the land use administrator
and shall include, at a minimum, the following:
a.
A description of how the STR was used prior to being converted
to an STR (e.g., owner-occupied housing, long-term rental, second
home) and how it is utilized when not available for short-term rental;
and
b.
(Reserved)
c.
If the property on which the STR is located is subject to county
imposed water restrictions and water use is required to be metered,
the applicant for a business license for a non-owner-occupied STR
must submit current water meter readings upon initial application
and for each renewal.
d.
If the water usage is in excess of applicable county imposed
water restrictions, the application must include a water conservation
plan to reduce water usage so as to comply with such applicable restrictions
going forward.
e.
Failure to comply with applicable county imposed water restrictions
is grounds to deny the renewal of a business license for a non-owner
occupied STR.
2.
Failure to submit a complete application, including the applicable
fee and all required submittals, constitutes good cause for denial
of the application.
3.
The land use administrator shall review the application for
completeness. If an application is deemed incomplete, the land use
administrator shall inform the applicant in writing and provide the
applicant with a reasonable amount of time to submit a complete application
before the application is denied and a new fee is required.
4.
As it relates to business licenses for STRs, the land use administrator rather than the county treasurer shall have the authority provided in section 110.03, section 110.05, and section 110.07 of the business registration and licensing chapter, provided that the county treasurer may, based upon the land use administrator's decision, physically issue a business license for a STR.
5.
Renewal of a business license for a STR is not automatic and
shall require the submission of a complete application.
(7)
Regulation/requirements for all STRs.
(a)
STRs shall comply with all applicable requirements in other
county ordinances, including, but not limited to, the SLDC, the county
fire code (Ordinance No. 2023-06); the anti-litter regulations (Ordinance
No. 1993-11); the county noise control and public nuisance regulations
(Ordinance No. 2009-11), and the junked and hazardous vehicle regulations
(Ordinance No. 1993-06).
(b)
Any STR shall be responsible to pay all applicable taxes.
(c)
Occupancy:
1.
The occupancy limit for a STR shall be two (2) people per approved
bedroom, up to a total of ten (10) people. Existing licenses and registrations
issued by the effective date of this section that exceed the 10-person
maximum occupancy may continue while the STR remains in the ownership
of the owner as identified in the initial STR application. Any change
of ownership of STR shall meet the maximum occupancy limit as stated
in this subsection.
2.
The daytime occupancy limit for a STR shall be the occupancy
limit plus the greater of 100% of the occupancy limit or ten (10).
3.
Children aged five (5) and under shall not count against the
occupancy limit or daytime occupancy limit.
4.
Nothing herein shall preclude an owner from establishing more
stringent occupancy limits or daytime occupancy limits.
(e)
Water: A STR must comply with all county water restrictions
(if any) applicable to the property on which the STR is located, the
applicability of which may depend upon the source of water for the
property (e.g., domestic wells versus adjudicated water rights).
(f)
Fire protection: All STRs shall comply with the county fire
code (Ordinance No. 2023-06) as required by the fire marshal. To assist
owners with compliance and streamline the processing of applications,
the fire marshal shall establish for submittal with the STR business
license application a fire code compliance certification form in which
the owner shall certify, under penalty of perjury, compliance with
fire code requirements of most significance to STRs. The STR is subject
to fire department inspection.
(g)
Solid waste:
Each STR shall comply with the applicable
sections of the solid waste and recycling management regulations (Ordinance
No. 2014-10) concerning the storage and disposal of solid waste, as
well as the development permit or other approval applicable to the
property. At a minimum all STRs shall store all solid waste within
a structure or in enclosed containers and shall remove all solid waste
on a regular basis, at least monthly.
(i)
Noise and quiet hours:
1.
Vendees and their guests shall observe quiet hours between 10:00
p.m. and 7:00 a.m. each day; provided, however, that nothing herein
shall preclude an owner from establishing quiet hours that begin earlier
and/or end later.
2.
During quiet hours, it shall be unlawful for vendees or their
guests to create any unreasonably loud, disturbing or unnecessary
noise, or noise of such character, intensity or duration as to be
detrimental to the repose, life or health of others. This includes,
but is not limited to, the playing or performing of music, watching
of television, or talking in such manner or with such volume as to
disturb the quiet, comfort or repose of persons or animals.
(j)
Other commercial activities require separate authorization.
(k)
The granting of a business license or business registration
for a STR does not authorize the owner or anyone else to engage in
other business or licensed activity at the STR.
(l)
No person or entity, whether directly or indirectly, in whole
or in part, may have an ownership interest or revenue-sharing interest
in more than two (2) STR licenses within the county.
(8)
Temporary registrations and licenses.
(a)
Upon the request of a STR applicant, the land use administrator
shall issue a temporary business registration or license to an applicant
who was operating a STR prior to June 1, 2023, on property that is
not a legal lot of record or within a dwelling that is not legally
recognized under the SLDC, provided that the applicant has made the
application(s) necessary to remedy the noncompliance prior to June
1, 2023.
(b)
A temporary business registration or business license will expire
upon completion of the application process at the administrative level,
when all appeals to county decision-making bodies have been exhausted.
(Ordinance 1992-03 adopted 4/14/92; Ordinance 2010-06, sec. 11, adopted 6/8/10 Penalty, see section
110.99; Ordinance 2016-04, sec.
10(C), adopted 5/31/16; Ordinance 2022-07 adopted 10/25/2022; Ordinance
2023-08 adopted 11/17/2023; Ordinance 2024-01 adopted 1/9/2024)
(A)
This
chapter may be enforced by misdemeanor citations to or through the
institution of a criminal action brought in the First Judicial District
Court or magistrate court, and appropriate legal or administrative
action brought to prevent the conduct of business; to restrain, correct
or abate the violation of this chapter; to prevent the occupancy of
a building, structure or land on which the business is located; to
withhold the issuance of permits; or to require inspections.
(B)
The
county may institute any appropriate action or proceeding as provided
for herein any time up to four years after the violation.
(Ordinance 1992-03 adopted 4/14/92)
(A)
Any
person convicted of a violation of any provision of this chapter shall
be guilty of a misdemeanor and shall be punished by a fine of not
more than $300.00 or by imprisonment for not more than 90 days, or
by both the fine and imprisonment.
(B)
Each
day a violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
(Ordinance 1992-03 adopted 4/14/92)
