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 Santa Fe
 Code of Ordinances
 Chapter 3. CONSTRUCTION REGULATIONS

§ 1. GENERAL  

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  • A.

    SEVERABILITY

    If any Section, Subsection, sentence, clause or phrase of this chapter or its reference codes is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter and its reference codes. The City Council hereby declares that it would have passed the ordinance from which this chapter is derived, and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, clauses and phrases be declared unconstitutional.

    (Ordinance No. 09-2004 of May 13, 2004)

    B.

    AFFECT

    Nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

    (Ordinance No. 09-2004 of May 13, 2004)

    C.

    CERTIFICATION

    The City Secretary shall certify to the adoption of the ordinance from which this chapter is derived, and cause the same to be published as required by law; and this chapter shall take effect and be in force from and after its approval as required by law.

    (Ordinance No. 09-2004 of May 13, 2004)

    D.

    CONFLICT

    In the event of a conflict between the provisions of the building codes adopted by reference herein and any provision of the City Code of Ordinances, the more restrictive shall prevail.

    (Ordinance No. 09-2004 of May 13, 2004)

    E.

    ENFORCEMENT

    The codes and provisions contained within this chapter shall be enforced by a properly qualified person, who shall inspect and approve the work, on an as-needed basis, under whatever arrangement the City Council deems to be in the best interests of the City of Santa Fe.

    (Ordinance No. 09-2004 of May 13, 2004)

    F.

    APPEALS

    Any person aggrieved by any interpretation of the codes adopted by reference within this chapter, or by any decision or ruling by the City's designated inspector, shall have the right to make an appeal to the Santa Fe Board of Adjustments. Such appeal shall be perfected by written notice submitted to the Community Services Director and addressed to the Zoning Board of Adjustments, along with the required fee, asking for a hearing by the Board of Adjustments. The decision by the Board of Adjustments shall be final. The Board of Adjustments shall be empowered to solicit such independent professional testimony as it shall find necessary for the effective performance of its duties. Such professional testimony may be that of citizens or non-citizens of the community who possess professional knowledge, experience, training and education bearing directly on the issues before the Board and may rely on such testimony in the performance of their duties. When the appeal or determination is from the provisions of the International Electrical Code, the Commission shall solicit the testimony and advice of the Santa Fe Electrical Board.

    (Ordinance No. 09-2004 of May 13, 2004)

    G.

    PENALTY

    Any person violating any provision of this chapter shall, unless otherwise stated herein, be subject to the penalties provided in Chapter 1, Section 5, as amended, of this Code of Ordinances.

    (Ordinance No. 09-2004 of May 13, 2004)

    H.

    PERMITS AND FEES

    All permits and fees required by the codes adopted by reference in this chapter shall be issued under procedures, and in amounts, as shall be provided by resolution of the City Council.

    (Ordinance No. 09-2004 of May 13, 2004)

    I.

    VARIANCES

    Generally, the Santa Fe Board of Adjustments, as established by the City of Santa Fe, Texas, shall hear requests for variances from the requirements of this chapter except in those cases where the Planning and Zoning Commission and City Council are specifically designated as the variance review and issuing body. Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public.

    (Ordinance No. 09-2004 of May 13, 2004)

    BUILDING CODES