§ 3.03. Amendments to the Zoning Map and Text.
3.03.01. Purpose of Amendments: The purpose of an amendment procedure is to provide for changes in the text of the Zoning Ordinance (text amendment) and to change the boundaries of zoning districts (rezoning) shown on the Official Zoning Map. Since these regulations represent the City's effort to provide for the orderly development of the community, no change shall be made in these regulations except:
A.
To correct an error in the regulations or map;
B.
To recognize changed or changing conditions or circumstances in a particular locality or area; or
C.
To recognize a change in public plans or policies effecting the property.
3.03.02. Comprehensive Plan Controlling: No amendment shall be made to this Ordinance which is not in compliance with the City's officially adopted long-range Comprehensive Plan.
3.03.03. Applicant Qualifications: Any person, or corporation, or an authorized agent interest in any property, may initiate proceedings to allow the consideration of a change in the zoning classification of such property or to the regulations pertaining to said property. In the event that ownership stated on the application and that shown on City records are different, the applicant shall submit proof of ownership or legal standing to submit the application. The Planning and Zoning Commission or City Council may, on its own motion, initiate proceedings to consider a change to the zoning on any property or to the regulations pertaining to property, when it finds that the public interest would be served by consideration of such a request.
3.03.04. Application Form: Each application for a text amendment or rezoning shall be made in writing on a form provided by the Santa Fe City Manager and shall be filed with the City Manager. Each application shall be accompanied by payment of the appropriate fee. An application for a rezoning shall also include plans and drawings in a form acceptable to the City Manager and containing sufficient information necessary to determine the impact on properties affected by the rezoning request.
3.03.05. Scheduled Dates and Notification:
A.
Rezoning Applications: Upon receipt of a complete application for a rezoning the City Manager shall set a date for a public hearing before the Planning and Zoning Commission and the City Council. Notice shall be sent not less than ten (10) days before the public hearing. Written notice shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within two-hundred (200) feet of the property to be rezoned. The notice may be served by its deposit in the United States Mail, within the City of Santa Fe, properly addressed with postage paid.
B.
Revision of Public Plans or Policies: When the Planning and Zoning Commission or City Council initiate proceedings to consider a change to the zoning of any property or to the regulations pertaining to property, public notice shall be served by publication as prescribed by subparagraph C, "Purpose of Amendments", without the necessity of notifying property owners by mail.
C.
On or before the fifteenth (15th) day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in Santa Fe.
D.
On or before the tenth (10th) day before the public hearing, notice of the hearing shall be posted on the property by placing signs thereon in the form, quantity and location set out in Paragraph 3.03.12 of this Section. Signs shall be removed by the applicant or property owner within three (3) days following the final public hearing or cancellation of application for any reason. Public Plans and Policies map changes as set forth in Subparagraph B, shall require the posting of signs only at the nearest street intersections, within the City limits, providing access to the territory proposed for a map change.
E.
The posting of a public hearing shall not occur until a firm date is established by the applicant for the erection of required signs. Any failure, resulting from the actions or inactions of the applicant, to meet the minimum notification standards, including sign erection, will result in cancellation of the public hearing and forfeiture of all fees previously paid.
3.03.06. Scheduled Dates and Notification—Text amendment Applications: Upon receipt of a complete application for a text amendment, the City Manager shall set a date for a public hearing before the Planning and Zoning Commission. No later than the fifteenth (15th) day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Santa Fe without the necessity for notifying property owners by mail.
3.03.07. Withdrawal of Application: Prior to the issuance of the notice of a public hearing before the Planning and Zoning Commission and City Council, the applicant may, by written notice to the City Manager, withdraw the application or request rescheduling of the public hearing to a later regular meeting date. Once public notice is given, the applicant may withdraw the application or request for rescheduling only with the approval of the City Council. The City Council may reject a request to withdraw an application or request to reschedule and conduct the public hearing as stated in the notification and take action as appropriate within the context of the public notice provided.
3.03.08. Planning and Zoning Commission Report: After public hearing, the Planning and Zoning Commissioner shall submit a report to the City Council with a recommendation that the application be approved, approved with amendments and conditions, tabled, or denied. The vote of the Planning and Zoning Commissioner at the conclusion of a public hearing and the minutes pertaining thereto, shall constitute the Commission's final report to the City Council.
3.03.09. Protests: In the event a protest to an application is filed with the City Secretary, duly signed and acknowledged, by the owners of either:
A.
Twenty (20) percent or more of the area of the lots or land covered by the proposed change; or
B.
By twenty (20) percent or more of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from such area.
Such application shall not become effective except by affirmative vote of three-fourths (¾) of the Planning and Zoning Commission and the City Council. In computing the percentage of land area to be considered, the area of streets and alleys shall be included.
3.03.10. Approval and Execution of Changes: If finally approved by the required number of votes of the City Council, the Ordinance shall be executed by the Mayor.
3.03.11. Expiration of an Application: Any pending application shall automatically expire if no action of any kind has been taken on it by the City Council for a period of one (1) year. If no Ordinance granting a zoning change in accordance with this Article has been adopted within six (6) months of the date on which the City Council voted approval of an application, such application shall be automatically placed on the City Council agenda for further consideration.
3.03.12. Public Hearing Notification Signs:
Public hearing notification signs, where required by Paragraph 3.03.05.D., shall be posted on the site in conformance to the following provisions:
A.
Minimum Quantity: One (1) sign shall be posted on each street frontage adjacent to property to be rezoned. Long street frontages shall have signs posted not more than five hundred (500) feet apart.
B.
Size and Support: Signs shall not be less than forty-eight (48) inches × forty-eight (48) inches and secured to structural supports mounted at both vertical sign edges or, alternatively securely attached to an existing structure, of sufficient structural strength to safely support the imposed weight and wind loadings. Signs may also be mounted on stands weighted with a sufficient weight of sandbags to secure the sign against wind load overturning.
C.
Signs Height: The sign shall be mounted so that the top edge of the sign is horizontal and between fifty-six (56) inches and one hundred (100) inches above the mean grade beneath the sign.
D.
Sign Material and Color: The sign face shall be smooth plywood or sign board material resistant to weather and warping. The face shall be sealed on both faces and exposed edges with paint or other approved finish. Color of face shall be white. Alternative sign materials may be approved by the Zoning Officer.
E.
Sign Copy: Sign copy shall be as follows:
A border shall surround the sign no less than one-half (½) from the sign edge; the border shall be a one-half (½) inches wide continuous line. Copy shall not be placed closer to the border than three (3) inches. Copy shall be placed parallel with sign edges. All copy shall be black and copy shall be centered on the sign face. The copy typeface shall be Arial Black or similar approved type.
Line 1-2 The top line shall be "Santa Fe City Council or Planning and Zoning Commission" in one and one-half (1½) inches high letters.
Line 3 The words "PUBLIC HEARING" shall be located next below and shall measure three (3) inches high.
Line 4-6 The phrase "to consider a proposed change in the zoning for the property in the vicinity of this sign" follows in letters one and five-eighths (1 5/8 ) inches high.
Line 7-10 The phrase "from (zoning district) to (zoning district)" follows in one and five eights (1 5/8 ) inches high letters.
Line 11 The meeting date appears next as "Month, day, year at 7:00 p.m. in one and one-half (1½) inches high letters.
Line 12 The final phrase "in Council Chambers, 12002 Hwy 6" inches completes the message in one and one-half (1½) inches high letters.
The Zoning Officer may approve alternative phrasing for clarity and special conditions.
See Article 2 Definitions, Graphic 2-H, illustrating the sign format. All copy and lines shall be distinct, sharp edged and professionally executed in a workmanlike manner.
F.
Sign Location: Signs shall be located as near the center of the street frontage as feasible or evenly spaced across the frontage when more than one (1) is required. Signs shall be placed at or near the front property line but no further than twenty-five (25) feet behind the line. Signs shall not be erected on the street right-of-way.
G.
Liability: Not withstanding the above minimum standards, the applicant shall be responsible for the structural integrity of the signs and for ensuring that the signs are adequately constructed, erected and secured from destruction and uprooting resulting from high winds and other causes. The applicant shall hold the City harmless from all damages arising from the erection, maintenance and removal of these signs.
H.
Placement, Replacement and Maintenance Responsibility: It shall be the responsibility of the applicant to place and maintain the signs continuously during the public notice period. All vegetation and any other visual obstruction shall be cleared from around the sign for a distance of no less than twelve (12) inches and of sufficient width to provide a view of the sign from the road through an included angle of no less than one hundred twenty (120) degrees. Vandalism or theft shall cause the immediate replacement of any sign. All costs associated with the construction, erection, maintenance and removal of signs shall be the sole responsibility of the applicant. It is the applicant's responsibility to obtain and erect all signs.
I.
Optional Sign Lease: The City may, at its option, provide signs satisfying these requirements. Lease fees in an amount to cover the cost of building and maintaining sign boards plus ten (10) percent and a deposit may be charged to the applicant for the period in which the signs are in the applicant's possession.
(Ord. No. 11-2003, 4-24-03)