§ 3.05. New and Unlisted Land Uses.

3.05.01. Procedure to Facilitate Land Use Classification: It is recognized that new types of land use will develop and that forms of land use not presently anticipated may seek to locate in the City of Santa Fe. New or unlisted forms of land use shall not include those land uses that can reasonably be interpreted as being similar to permitted or Conditional Uses already listed in the district regulations for the district in which the new use is to be located, or in the land use regulation matrix found at the end of Article 4, of this Ordinance. In order to provide for such changes and contingencies where new or unlisted land uses are not specified as a permitted use or a Conditional Use in any zoning district, a determination as to the appropriate classification of any new or unlisted form of land use shall be made in accordance with the terms of this Section of the Ordinance.

3.05.02. Classification Rulings—Board of Adjustment: The City Manager shall refer questions concerning any new or unlisted use to the Board [of] Adjustment requesting an interpretation as to the zoning district into which such use should be placed. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwellings, sales, processing, type of product, storage, anticipated employment, transportation system requirements, the general requirements for public utilities such water and sanitary sewer, and other information deemed necessary to assist the Board of Adjustment in its deliberations.

3.05.03. Board of Adjustment to Make Determination: The Board [of] Adjustment shall hold a public hearing for the purpose of considering the nature and characteristics of the proposed use and its compatibility with the uses permitted in the various districts, and shall determine the zoning district or districts within which such use is most similar and should be permitted.

3.05.04. Incorporation of Rulings into the Zoning Text: Written records of the rulings of the Board of Adjustment pertaining to land use classification shall be maintained by the City Manager. The City Manager shall regularly update the provisions of the Zoning Ordinance text by incorporating said rulings into the written text.