Santa Fe, NM, City Code

Updated October 2019

By: City of Santa Fe
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Table of Contents

Accessory Dwelling Units

The city’s land development code permits internal, attached, and detached accessory dwelling units (ADUs) by right in most residential districts, subject to use specific standards (§14-6.3(B)(2)(vii)). These standards address parking, utilities, density, permission to construct, unit size, height, appearance, rental options, restrictive covenants, subdivision and sale, and certificate of occupancy (§14-6.3(D)(1)).

Green Building

The city’s code of ordinances lists green building features that are required for new single-family residential developments and renovations. It requires new developments to prescribe to outlined energy, ventilation, insulation, water conservation, and heating and cooling performance levels and standards (§7-4.2).

Historic Preservation

The city’s codified ordinances establish a historic overlay zoning district (§14-5.2). Application of this district includes additional oversight by the historic districts review board and city staff and requires compliance with general and district-specific design standards. State capital projects in historic districts requires an application and ongoing collaboration with the city’s historic districts review board.

Short-Term Residential Rentals

The city’s Land Development code addresses short-term residential rentals via a 2009 ordinance updated in 2016. It defines “short term rental unit” (§14-12.1); other related terms include “operating license” and “owner occupant or resident owner.”

The code prohibits short-term rental units in all residential districts except as provided in use-specific standards; they are permitted by right in commercial and hospital districts (Table 14-6.1-1). Standards (§14-6.2.A.5) state that on residentially zoned properties, they are permitted in accessory dwelling units (§14-6.3.D.1), in residential units in conformance with requirements, and in developments with resort facilities. Requirements address rental permit caps, frequency of rentals, adjacency prohibitions, parking, safety codes, water conservation requirements, restrictions on non-residential activities, total occupancy, noise, tenant notifications, taxes, records, and insurance coverage. An annual permit is required; the code provides application requirements and process information, and lists annual permit and registration fees (ranging from $100 to $325). The code also addresses enforcement of violations and penalties.

Short-term rental of dwelling units in non-residentially zoned property is permitted; units must be registered; one-time fee of $100 applies.

Parking standards require one space for a one-bedroom unit, and two spaces for two or more bedrooms (Table 14-8.6-1).

The city’s fire code requires annual fire inspections for transient residential occupancies (§12-2.3).

Wildland-Urban Interface

The city’s zoning code establishes an escarpment area overlay to mitigate wildfire risk (§14-5.6). Proposed development within the escarpment overlay district is subject to heightened building regulations and landscape wildfire risk reduction measures. District standards address architecture, development, and land use planning of the structures within the district.

Santa Fe, NM

2010 Population: 67,947

2010 Population Density: 1,477.82/square mile