§ 27. MULTI-FAMILY DWELLINGS

NOTE: The development of high density housing requires that such projects comply with both the provisions herein and with the provisions of the Santa Fe Subdivision/Development regulations. The Development Officer shall initially interpret the sections of the Development Regulations applicable to high-density housing development. Such decisions shall be with the approval of the Planning and Zoning Commission which shall exercise final authority over interpretation thereof. All such projects shall be submitted to the Planning and Zoning Commission for review and approval.

A.

INTERPRETATION, PURPOSE

(1)

Intent of Section

In the interpretation and application of the provisions of this section, it is the intention of the City Council that the principles, standards, and requirements provided for herein shall be minimum requirements for the planning and developing of multi-family dwellings in the City; and where other provisions or ordinances shall control.

Multi-family dwellings shall be defined as follows: a building or portion thereof designed for or occupied as a home of three (3) or more families or households living independently of each other, including apartment houses, row houses, tenements, apartment hotels, condominiums, and townhouses.

(2)

Variances

The Planning and Zoning Commission, as established by the City, shall hear requests for variances from the requirements of this section and make recommendations to the City Council. The City Council shall have final authority in granting variances. Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in undue hardship to the applicant; and a determination that the 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, or conflict with existing local laws or ordinances. Pecuniary hardship to the developer, standing alone, shall not be deemed to constitute undue hardship.

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

B.

DEVELOPMENT PLAN; REQUIRED INFORMATION

The developer will submit two (2) copies of a site development plan showing all buildings and structures, setback and property lines, parking, and other major improvements, and will also include the following information as applicable:

(a)

A topography and drainage map of plan and incoming drainage rational formula showing frequency concentration time and runoff factor and quantity.

(b)

The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements, or other right-of-ways, blocks, lots, and other sites within the developed area with accurate dimensions, bearing or deflecting angles with radii area, central angles, degree of curvature, tangent distance, and length of all curves where appropriate.

(c)

Two (2) copies of final plan showing a plan and profile of proposed sanitary and storm sewers, with grades and pipe sizes indicated. Plan shall bear the seal and signature of an engineer.

(d)

Two (2) sets of plans and specifications for paving and drainage, which have been prepared by an engineer.

(e)

A certification by the surveyor or engineer, responsible for the preparation of the plan and supporting data, attesting to its accuracy.

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

C.

STANDARDS AND SPECIFICATIONS

(1)

All street improvements shall be in accordance with any one (1) of the following methods of street construction as detailed and depicted in the Subdivision Ordinance, Article 6, REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN AND THE CURRENT Public Utilities Specification as adopted by Resolution.

(2)

An adequate storm sewer system consisting of inlets, pipes, and other underground and aboveground drainage structures with approved outlets shall be constructed where the runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. The developer shall submit data and plans for drainage facilities as directed by the City and under policies for storm drainage installation for the City. All drainage installations shall be at the expense of the developer.

(3)

Underground storm drains shall be utilized in every condition where outfall conveyance systems permit. Storm water conveyance systems shall be designed to accommodate a five-year frequency storm with adequate overload relief for a twenty-five-year storm. Design of all bridges, culverts, and open channels are to be based on a twenty-five-year frequency. However, all drainage improvements shall be designed and constructed to pass a one-hundred-year frequency storm, based on one hundred percent (100%) development of the watershed without flooding and ground floor of existing or proposed habitable structures and to the standards of the Santa Fe Subdivision Development Ordinance, to the Santa Fe Zoning Ordinance, and such other ordinances prescribing construction and development. The more restrictive provisions shall prevail.

(4)

Additional Requirements for Multi-Family Dwellings. Multi-family dwellings shall comply with all applicable City building requirements, including the Santa Fe Zoning Ordinance.

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

D.

FINAL PLAN APPROVAL

(1)

The development plan and all required information are to be submitted to the Development Officer for Planning Commission review.

(2)

The development plan must be approved by the Planning Commission prior to the issuance of any building permits. Any variances will require Planning Commission review and City Council approval, as herein provided.

(3)

Lack of action by the Planning Commission at or before the Commission meeting after the expiration of thirty (30) days following official receipt of the development plan, or disapproval, will allow the developer to proceed to City Council for action or reversal of Planning Commission action.

(4)

Approval of the development plan is good for a period of six (6) months, after which the developer must submit a new plan or request an extension from the Planning Commission.

(5)

The developer shall furnish the City with one (1) set of reproducible "as built" plans for any public improvements, such as street paving, drainage structures, water mains, and sewer mains within thirty (30) days after completion of construction.

(6)

Any required public improvements must be completed and a maintenance bond filed as provided in the Subdivision Ordinance, Chapter 8, Section 7, prior to the issuance of building permits for the construction of the multi-family dwelling.

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

E.

CONFLICTS

Where the provisions of other Sections of these Building Regulations shall conflict with this section, the Development Officer and Building Official shall resolve the conflict.

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

F.

FEES

Fees shall be as determined by resolution of the Santa Fe City Council.

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

G.

PENALTIES

Any person, firm, or corporation who fails to comply with, or violates, any part of this section shall be subject to the penalties pursuant to Section 1 GENERAL (G) PENALTY, herein.

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