ACCESSORY BUILDING/STRUCTURE: A subordinate building/structure, that is not a portion of the main building/structure, the use of which is incidental to that of the main building/structure on the same lot/parcel, except as otherwise provided in this title.
ACCESSORY USE: A use which:
A. Is subordinate to and serves the principal building/structure or principal use;
B. Is subordinate in area, extent or purpose to the principal building/structure or principal use served;
C. Contributes to the comfort, convenience or necessity of occupants of the principal building/structure or principal use served; and
D. Is located on the same lot/parcel as the principal building/structure or principal use served, except as otherwise provided in this title.
ADULT DAYCARE CENTER: A facility licensed by the State as an adult daycare center or as an adult respite facility, which provides care, services and supervision for less than twenty four (24) hours a day to three (3) or more adults, who because of diminished mental or physical capacity, find it difficult to care for themselves in their own residence during the day. Adult daycare does not include public or private school facilities or senior recreation centers.
ADULT DAYCARE HOME: A private dwelling in which a resident of the dwelling has been licensed by the State to provide adult daycare home services or adult respite home services, and who provides care, services and supervision for less than twenty four (24) hours a day to at least three (3) adults but not more than five (5) adults, who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence during the day. The use as an adult daycare home or adult respite home shall be an accessory use. The primary use shall be as a private residence.
AGRI-BUSINESS: A business directly supportive of an agricultural use, including agricultural businesses that also incorporate entertainment and tourism.
AGRICULTURE: Land and/or structures whose principal use includes the growing of farm crops, truck garden crops, animal/poultry husbandry, dairying, floriculture, pasturage, and accessory uses customarily incidental to agricultural activities, but does not include feed lots, slaughterhouses, or stockyards.
AIRPORT: Any landing area, runway or other facility designed, used or intended to be used, either privately or publicly, by any person or persons for the landing and takeoff of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings and open space.
ALLEY: A public way generally providing secondary access to abutting properties.
AMUSEMENT ESTABLISHMENT: Any arcade, building or premises, providing as its primary business, the following: amusement parks; billiard or pool halls; bowling alleys; driving ranges; game rooms with mechanical or electronic amusement devices, including, but not limited to, pinball machines, electronic or video games of skill or chance, claw or scoop machines, jukeboxes, or coin operated table games; go-cart tracks; miniature golf courses; skating rinks; and similar type uses.
ANIMAL BOARDING: The use of any property or structure or portion thereof for the keeping, breeding, selling, or training of animals for commercial gain, but not including animals or livestock related to an agricultural use, feed lots, slaughterhouses, or stockyards.
ANIMAL CLINIC OR ANIMAL HOSPITAL: An establishment where animals are examined and treated by veterinarian professionals.
ANIMAL GROOMING PARLOR: An establishment maintained for the purposes of performing cosmetological services for animals.
ANIMAL SHELTER: Any premises designated by the City for the purpose of impounding and caring for animals coming into the City's custody.
APARTMENT: A room or set of rooms fitted especially with housekeeping facilities and usually leased as a dwelling.
APPELLANT: A person requesting that a decision be appealed.
APPLICANT: A person submitting an application in accordance with the procedures established in this Code.
ASSISTED LIVING FACILITY: Any State-licensed facility that is operated for the maintenance or care of two (2) or more adults who need or desire assistance with one or more activities of daily living. This does not apply to the residence of an individual who maintains or cares for a maximum of two (2) relatives.
AUDITORIUM: A building for private or public gatherings to hear and/or watch performances or other presentations.
BANK/CREDIT UNION: A financial institution offering checking and savings accounts, loans, and other financial services.
BAR: Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages for consumption on the premises. Food service, dancing with music provided by bands, disc jockeys or jukeboxes, or other entertainment may be provided incidental to the primary use. A bar includes a lounge, microbrewery, nightclub, tavern and wine bar.
BARBERSHOP: A place of business for a barber, licensed by the State of New Mexico, who cuts, trims and/or shaves hair.
BASEMENT: The portion of a building that is partly or completely below grade, which may be used for dwelling purposes if ceiling height and emergency escape and rescue openings meet the requirements outlined in the International Residential Code adopted by the City.
BATCH PLANT, ASPHALT OR CONCRETE: A facility in which asphalt or concrete and their ingredients or products are ground up, mixed, or otherwise prepared for use on site or for transportation to another site.
BEAUTY SHOP: An establishment licensed in the State of New Mexico, providing personal services that include hair treatment, facials, manicures/pedicures and tanning.
BED AND BREAKFAST INN: The subordinate use of a dwelling unit, for which the main use is the owner's or operator's permanent residence, for short-term guest lodging with a morning meal provided only to overnight guests.
BOARD: The Board of Appeals. The Board shall consist of the members of the City Council of the City.
BUILD: To construct, assemble, erect, convert, enlarge, reconstruct or structurally alter a building or structure.
BUILDING: Any structure built for use by persons or animals or for storage of inanimate objects.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of: a) a flat roof; b) the deck line of a mansard roof; or c) the average height between eaves and the ridge of gable, hip or gambrel roofs.
BUILDING INSPECTOR/CODE ENFORCEMENT OFFICER: The official designated by the City Council to enforce this title.
BUILDING, MAIN/PRINCIPAL: The building in which the principal use of the site is conducted.
BUSINESS: Any profession, trade or occupation and all and every kind of calling whether or not carried on for profit, except those organizations exempt from the Federal Income Tax pursuant to section 501(c)(3) of the United States Internal Revenue Code as amended or renumbered.
BUSINESS, PLACE OF: Any location, building or portion thereof, or premises in which or from which a business is carried on. The term includes, but is not limited to, an office, warehouse, yard, location where books and records are kept, and the location from which business is solicited.
CANOPY: A roofed structure supported by a building and/or supports extending to the ground directly underneath the canopy, and providing a protective shield for an approved principal or accessory use on the lot/parcel.
CARETAKER'S DWELLING/QUARTERS: Housing for supervisory, maintenance, custodial or security personnel at a place of business.
CARGO CONTAINER: Any portable, reusable container, generally referred to as a sea cargo container, cargo container or shipping container, made as a prefabricated metal structure and primarily designed or used for transporting freight by commercial transportation on ships, by rail or mounted on a chassis for movement by a tractor trailer, and is built in accordance with the U.S. Department of Transportation standards. Cargo container does not include semitrailers.
CARPORT: An open-sided shelter, either attached to or detached from a building/structure, for the parking of a vehicle or vehicles.
CATERING: A business which provides or prepares food for consumption at parties or similar events, where such events occur at locations other than where the food is prepared.
CELLAR: The portion of a building or stand-alone structure that is partly or completely below grade, which is not designed for dwelling purposes.
CEMETERY: Land used for the burial of the dead, whether human or animal, including a mausoleum or columbarium, but shall not include the interment or inurnment of human cremated remains at a religious institution unless that use of interring or inurning is limited to an accessory use.
CERTIFICATE OF OCCUPANCY: A certificate issued to the property owner by the building official or other designated City official, evidencing the fact that the requirements of applicable codes and ordinances have been met.
CHILD DAYCARE CENTER: Any place other than an occupied residence that is licensed by the State and provides care, services and supervision to one or more children for less than twenty four (24) hours a day; or an occupied residence that is licensed by the State and provides care, services and supervision to more than twelve (12) children for less than twenty four (24) hours a day.
CITY: The City of Artesia, New Mexico.
CLINIC, DENTAL OR MEDICAL: An establishment where patients are not lodged overnight, but are admitted for examination and treatment by dental or medical professionals.
CLUB, PRIVATE: An organization, group or association, including lodges, supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests for social, intellectual, recreational, and/or athletic purposes, but shall not include any service, the chief activity of which is customarily carried on as a business, and does not include labor organizations or similar labor or business organizations.
COLUMBARIUM: A room or building/structure with recessed niches used for the containment of cremated remains in urns or other approved containers, and which may be part of a mausoleum.
COMMISSION: The Planning and Zoning Commission of the City.
COMMON AREA: Any portion of land or building area designed for the common usage of all owners within a development.
COMMUNITY GARDEN: A piece of land gardened collectively by a group of people.
COMMUNITY RESIDENCE: A State-licensed or State-operated dwelling for persons with a mental or developmental disability, and serving ten (10) or fewer persons.
COMPREHENSIVE PLAN: The official public document adopted by the City as a policy guide for land use decisions that affect the physical development of the community.
CONDOMINIUM: One of a group of units in a multiunit building, whether residential, office, commercial or industrial, where each owner owns their individual unit space, and all the unit owners share ownership of areas of common use.
CONVALESCENT/NURSING HOME: A home in which patients are admitted for recuperation and rehabilitation after suffering from a debilitating illness or injury.
CONVENIENCE STORE: A retail establishment, generally with less than two thousand five hundred (2,500) square feet of gross floor area, offering for sale a limited line of automotive supplies, groceries and household items. The establishment may include the sale of fuel, and the sale of packaged alcoholic beverages for off-premises consumption.
CONVENTION CENTER: A facility that includes space for rent by the general public, or private or public organizations, for conferences, gatherings, marketing products, meetings, performances, presentations, special events, training sessions, and other similar uses, for the primary purpose of increasing tourism.
COUNCIL: The City Council of Artesia, New Mexico.
COURT/COURTYARD: An open space, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title, bounded on three (3) or more sides by exterior building walls or other enclosing devices.
CREMATORIUM: A furnace or establishment for the incineration of corpses.
CUL-DE-SAC: A local street with only one outlet that terminates in a vehicular turnaround.
DANCE HALL: A large building or room where people pay to enter and dance to live or recorded music.
DENSITY, RESIDENTIAL: The number of dwelling units in any given area, usually designated as dwelling units per acre (du/ac).
DESIGN STANDARDS: Specific criteria and limitations placed on development, which are intended to protect the public health, safety, and welfare of the community, and to enhance the aesthetic value of a development. Design standards may specify criteria for architectural, engineering, landscaping, and other features of a development.
DETENTION AREA: A pond or drainage facility designed to temporarily hold, store, or otherwise detain storm flows with the intent of releasing the storm flows at a controlled rate.
DEVELOPER: The owner of land proposed to be subdivided or the owner's agent who is responsible for any undertaking that requires review and/or approval under these regulations.
DEVELOPMENT: A planning or construction project involving substantial property improvement and, usually, a change of land use character within the site.
DISTRICT/ZONE: A part of the City wherein zoning regulations of this title are uniform.
DRIVE-IN/DRIVE-THROUGH FACILITY: Any establishment that, by design or use, encourages or permits customers to receive products or services while they remain in their vehicles.
DRIVEWAY: An area on a lot providing vehicular egress onto and ingress from a public right-of-way, as well as access around the lot and for the parking spaces located on the lot, which meets the location, surface and width requirements outlined in chapter 10 of this title.
DRIVING RANGE: A facility or area designed for practicing golf drives, which may or may not be located on a golf course, and which may include accessory uses such as a parking lot, clubhouse, dining facilities, other practice facilities such as putting greens, pro shop, and snack bar.
DUPLEX: See definition of dwelling, two-family.
DWELLING, MULTIPLE-FAMILY: A building or group of buildings occupied by three (3) or more families living independently of each other in separate dwelling units.
DWELLING, SINGLE-FAMILY: A detached building, arranged and designed as a single dwelling unit, other than a mobile home or recreational vehicle (RV), and intended to be occupied by not more than one family.
DWELLING, TWO-FAMILY: A building, commonly designated as a duplex, containing two (2) dwelling units and occupied by two (2) families living independently of each other.
DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT CLUSTERING: A land planning technique in which some areas of a subdivision are reserved as open space while the permitted dwelling units are allowed to be grouped more densely in the most developable parts of the site.
EASEMENT: The right, liberty, advantage or privilege that one individual or entity has in lands of another, either express or imputed (utility, grant or necessity).
ENGINEER: A person engaged in the practice of civil engineering and qualified to so practice as attested by his/her legal registration as a professional engineer in the State of New Mexico.
ENLARGEMENT: Increasing the cubical contents of a building/structure.
EROSION: The movement of soil due to water or wind.
EROSION CONTROL: Those Best Management Practices utilized to prevent or reduce erosion or sedimentation, and which are typically necessary when ground disturbances occur.
ESTABLISHMENT: A place of business together with its grounds and equipment.
EXCAVATION: Digging and removal of earth by mechanical means.
FACADE: Any separate external face of a building or structure, including parapet walls. Where separate faces are oriented in the same direction, or in directions within forty five degrees (45°) of one another, they are to be considered as part of a single facade.
FACILITY: A building, structure or device whose sum of all parts provides a functional use.
FAMILY: An individual or a group of two (2) or more persons related by blood, marriage or adoption, including foster children and domestic servants, or a group not to exceed four (4) persons not related by blood, marriage or adoption, living together as a single housekeeping unit and using common cooking facilities.
FAMILY DAYCARE HOME: An occupied residence in which a person is licensed by the State to provide care, services and supervision to at least four (4) but not more than twelve (12) children, including the provider's children who are under six (6) years old, for less than twenty four (24) hours a day.
FARM: An area which is used for the growing of the usual farm products, such as vegetables, fruit trees and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term farm includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. A farm does not include intensive livestock raising, such as commercial feed lots or large batteries of rabbit hutches on farms, nor does it include feeding or disposal of garbage or rubbish. Residential structures occupied by persons primarily engaged in farming are included in the term farming, as are roadside stands for the sale of farm products, and signs not exceeding twenty (20) square feet in area advertising the sale of farm products.
FARMERS MARKET: A congregation of seasonal outdoor sales of fresh produce and other items associated with the local farming and artisan industries.
FEED LOT: An operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density that permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of the livestock prior to their shipment to a stockyard for sale.
FENCE/WALL: A constructed barrier of any material or combination of materials erected to bar passage, enclose areas of land, or serve as screening for privacy.
FENCE/WALL, PERMANENT: A fence/wall having or possessing a permanent foundation consisting of anchor poles/posts to allow for chain link, metal, vinyl, wood or other fence material, and/or consisting of a concrete foundation for brick, rock or cinder block.
FENCE/WALL, SOLID: A continuous opaque vertical surface kept in good repair. A fence/wall with inserts or non-rigid or cloth-like materials attached to the fence/wall does not constitute a solid fence/wall.
FENCE/WALL, TEMPORARY: A fence/wall having a decorative border no more than thirty inches (30") in height, which does not require the use of any permanent materials, such as anchor poles/posts, a concrete foundation, or any other solid masses, or any fence/wall erected around construction sites which does not exceed eight feet (8') in height and which is removed immediately after completion of the construction project.
FILL: The placement of material, such as soil or rock, to replace existing material, or to create an elevated embankment. Fill also refers to the placed material itself.
FITNESS CENTER: A private or public facility, including athletic clubs and gymnasiums, used by people for exercising and sports activities.
FLEA MARKET: An open-air market in which spaces are offered for rent or lease for the retail sale of crafts and/or other new or used items. Swap meets are also considered flea markets.
FLOOD INSURANCE RATE MAP (FIRM): An official map of the City on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.
FLOODPLAIN ADMINISTRATOR: The City building inspector/Code Enforcement Officer appointed to administer and implement the provisions of title 11 of this Code, flood control regulations, and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management.
FLOODPLAIN OR FLOODPRONE AREA: Any land area susceptible to being inundated by water from any source.
FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR AREA: The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.
FRONTAGE: The distance along a street right-of-way line from one intersecting street to another, or from one intersecting street to the end of a dead end street.
FRONTAGE, LOT OR PARCEL: The portion of a lot or parcel measured along a street.
FUNERAL HOME: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of bodies, and for funerals.
FUTURE STREET RIGHT-OF-WAY LINE: A line running more or less parallel to the centerline of an existing or proposed street, as established by ordinance, for the purpose of delineating the future width of the public right-of-way for that street.
GARAGE, PRIVATE: An accessory building or an accessory portion of a main building, designed for the shelter or storage of motor vehicles owned or operated by the occupants of the main building.
GARAGE, PUBLIC: A garage, other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GARAGE, STORAGE: A garage where vehicles are used or housed by persons other than occupants of the building.
GOLF COURSE: An area or tract of land designed or used for playing at least nine (9) holes of golf. A golf course may also include accessory uses such as a parking lot, clubhouse, dining facilities, other practice facilities such as a driving range and putting greens, pro shop, and snack bar.
GRADE, ADJACENT GROUND ELEVATION: The average elevation of the finished surface of the ground, paving or sidewalk within the area between the building/structure and the property line, or when the property line is more than five feet (5') from the building/structure, between the building/structure and a line five feet (5') from the building/structure.
GRADING: Any movement of rock, soil, or vegetation by artificial means, to include any or all of the following acts: clearing, excavating, leveling of land, grubbing, or the placement of fill material.
GUEST HOUSE: An accessory building on the same lot/parcel as the main dwelling, for the temporary housing of guests, that does not contain kitchen facilities, and is not rented for compensation.
HALF-STORY: Space under a sloping roof, all of which space must be at least three feet (3') high, but not more than sixty percent (60%) of which floor area may be finished off for use.
HELIPORT: An area that is used or intended to be used for the landing or takeoff of helicopters, and any related buildings/structures and facilities thereon. Helipads are also considered heliports.
HOME OCCUPATION: A clearly incidental or secondary use of a home property where restricted business activity will take place in a zoned area that allows residential use.
HOME PROPERTY: A lot/parcel and the principal residential dwelling located on the property.
HOSPICE CENTER: A facility that incorporates a program designed to provide a caring environment for meeting the physical and emotional needs of the terminally ill.
HOSPITAL: An institution that provides medical, surgical and/or psychiatric care and treatment, through same day, overnight or extended stay service, for ill or injured patients.
HOSTEL: A building providing lodging on a temporary basis, with a shared kitchen and other facilities in a dormitory setting.
HOTEL OR MOTEL: A building or group of buildings containing lodging accommodations for temporary paying guests. Related ancillary uses may include, but not be limited to, recreational facilities, lounges, restaurants, meeting rooms, and a convention center.
HOUSEHOLD PET: An animal ordinarily permitted in the house and kept for company and pleasure, such as a bird, cat, dog and fish. A household pet shall not include inherently or potentially dangerous animals.
IMPOUND LOT: A site to where a vehicle is towed and stored by order of an impounding agency until the vehicle's owner or operator clears the reason for the impoundment (including payment for the towing fee), or until the vehicle is recycled for its metal and stripped of its parts at a wrecking yard, or auctioned off for the benefit of the impounding agency.
INOPERABLE VEHICLE: Any motor vehicle which, by reason of dismantling, disrepair or other cause, is incapable of being propelled under its own power.
INSTITUTION, PRIVATE: A nonprofit charitable, educational, recreational, religious or philanthropic establishment, which primarily serves the public.
JUNK: Any cast-off, damaged, discarded, obsolete, salvaged, scrapped, secondhand, unusable, worn-out or wrecked material, object or thing, including, but not limited to those composed of, in part or in whole, asphalt, brick, carbon, cement, plaster of Paris, terra cotta, sand, wood, plastic or other synthetic substance, glass, paper, rubber, metal, wire, canvas, cloth, cotton, wool, or other fiber, organic matter or other substance.
JUNKYARD: An open area where any junk, waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled. A junkyard also includes a vehicle wrecking yard and the storage or keeping of one or more inoperative motor vehicles, but does not include uses established entirely within enclosed buildings.
KENNEL: An establishment where animals are boarded, kept, or maintained, except State inspected veterinary hospitals, pet shops, grooming parlors, and shelters.
LABORATORY, DENTAL OR MEDICAL: A facility for making crowns, bridges, dentures and other dental products, or a facility for medical testing, including a medical facility certified to perform diagnostic and/or clinical tests independent of a clinic, hospital, or physician's office.
LABORATORY, SCIENTIFIC/RESEARCH: A facility for scientific research and testing that does not include living human subjects, but may include, but not be limited to, biotechnology, pharmaceuticals, genetics, plastics, resins, coatings, and fibers/optics.
LANDSCAPE NURSERY: Any facility primarily engaged in the retail sales or wholesale of materials used for landscaping purposes, such as flowers, plants, trees, chemicals and fertilizers, soil, decorative items, landscaping and gardening tools, personal protective equipment, and lawn furniture.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
LIMITED COMMON AREA: Any portion of land or building area designed for the limited usage of one or more property owners within a development, but not for all of the owners of the entire development.
LIVESTOCK: Animals typically associated with farms and ranches, including, but not limited to, cattle, horses, mules, donkeys, swine, sheep or goats.
LODGE: See definition of club, private.
LODGING HOUSE: A dwelling consisting of not more than one living unit occupied by not more than twenty (20) persons not related by blood, marriage or adoption. This term includes rooming houses, bed and breakfast inns, boarding houses, tourist homes and hostels.
LOT: A parcel of land which is part of a subdivision or described by metes and bounds with a legal description recorded with the County Clerk's Office.
LOT AREA: The acreage or square footage of a lot.
LOT, CORNER: A lot abutting on two (2) or more streets or rights- of-way at their intersections.
LOT DEPTH: The average horizontal distance between the front and rear property lines of a lot.
LOT, DOUBLE FRONTAGE: A lot having frontage on two (2) parallel streets.
LOT, FLAG: A lot shaped like a flag on a pole, where access to a public or private street is provided by means of a long, narrow driveway (within the pole portion of the lot) between abutting lots, where the flag portion of the lot meets minimum lot width requirements, where the pole portion of the lot meets minimum lot frontage requirements, and where the entire lot meets minimum lot area requirements.
LOT WIDTH: The shortest distance between the side property lines of a lot, as measured from the required minimum front setback.
MACHINE SHOP: An establishment where the machining of parts and the overhauling of engines, transmissions and other major components of automobiles and larger vehicles takes place.
MAINTAIN: To carry out any repairs, reconstruction, refinishing, or replacement of any part or parts of a building, structure or property. Maintain shall also mean the grooming of yards.
MANUFACTURED HOME, MULTISECTIONAL: A manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty six feet by twenty four feet (36' x 24') and at least eight hundred sixty four (864) square feet, and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974, and the Housing and Urban Development Zone Code 2 or the Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act 1 , and with the rules made pursuant thereto relating to permanent foundations.
MANUFACTURED HOME, SINGLEWIDE: A movable or portable housing structure larger than forty feet (40') in length, eight feet (8') in width, or eleven feet (11') in overall height, as a single- family dwelling, and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974, and the Housing and Urban Development Zone Code 2 or the Building Code, as amended to the date of the unit's construction and installed consistent with the Manufactured Housing Act 2 , and with the rules made pursuant thereto relating to permanent foundations.
MANUFACTURED HOUSING: See definitions of manufactured home, multisectional and manufactured home, singlewide.
MANUFACTURED/MOBILE HOME PARK: Any site, lot, tract or parcel of land designed, used, maintained, or intended to be used for the purpose of providing a location, accommodation or facilities for two (2) or more manufactured/mobile homes on a permanent or temporary basis, and shall include all structures used or intended for use as part of the equipment thereof. Spaces may be leased, rented or made available at no charge. Manufactured/mobile home parks shall not be construed to include:
A. A manufactured/mobile home subdivision, where subdivided lots are offered for sale for the placement of manufactured/mobile homes thereon.
B. Motor vehicle, manufactured/mobile home or RV sales lots upon which motor vehicles or unoccupied manufactured/mobile homes or RVs are parked for the purpose of inspection and sale.
MANUFACTURED/MOBILE HOME SPACE: A plot of ground or a lot in a manufactured/mobile home park designed for the location of only one manufactured/mobile home and one or more automobiles.
MANUFACTURED/MOBILE HOME SUBDIVISION: A subdivision designed and developed for long term residential use and intended for sale where the residents are in manufactured/mobile homes.
MANUFACTURING: The mechanical or chemical production or transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials such as liquors, lubricating oils, plastics, or resins.
MASTER PLAN: A duly adopted plan, or any of its parts, for the development of the area within the planning and platting jurisdiction of the City, for the general purpose of guiding and accomplishing coordinated, adjusted, and harmonious development. It includes the City's comprehensive plan, and the City master plans for streets, parks, and other City infrastructure and facilities.
MAUSOLEUM: An above-ground building used to contain the remains of the deceased in sealed crypts.
MINING: The process of obtaining useful minerals, including sand and gravel, from the earth's crust, or from previously disposed or abandoned mining wastes, including, but not limited to, exploration, open-cut mining and surface operations, the disposal of refuse from underground and in situ mining, concentration, evaporation, leaching, milling, mineral transportation, and other processing.
MOBILE HOME: See definitions of mobile home, doublewide and mobile home, singlewide.
MOBILE HOME, DOUBLEWIDE: A mobile home consisting of two (2) sections combined horizontally at the site to form a single dwelling unit, while still retaining their individual chassis for future movement, that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974, and the Housing and Urban Development Zone Code 2 or Building Code, as amended to the date of the unit's construction or built to the standards of any Municipal Building Code.
MOBILE HOME PARK: See definition of manufactured/mobile home park.
MOBILE HOME, SINGLEWIDE: A movable or portable housing structure larger than forty feet (40') in body length, eight feet (8') in width, or eleven feet (11') in overall height, designed for and occupied by no more than one family for living and sleeping purposes, that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974, and the Housing and Urban Development Zone Code 2 or Building Code, as amended to the date of the unit's construction or built to the standards of any Municipal Building Code.
MOBILE HOME SPACE: See definition of manufactured/mobile home space.
MOBILE HOME SUBDIVISION: See definition of manufactured/mobile home subdivision.
MODULAR HOME: A home that is built off-site, as opposed to on- site. These homes are often called factory-built, system-built or prefab (short for prefabricated) homes.
MORTUARY: A building, or a room in a hospital, where dead bodies are kept before they are buried or cremated, or before they are identified or examined.
MOTOR HOME: See definition of recreational vehicle (RV).
MULTIGENERATIONAL HOUSING: An accessory dwelling unit on the same lot/parcel as the main dwelling, for the housing of family members related by blood, marriage or adoption, that may contain kitchen facilities, and is not rented for compensation.
NONCONFORMING ACTIVITY (HOME OCCUPATION): The lawful activity that does not conform with the requirements of chapter 12 of this title on the effective date of this title, or any amendment thereto.
NONCONFORMING BUILDING/STRUCTURE: A building/structure lawfully constructed, with approved permits issued by the jurisdiction having authority at the time of construction if required, that does not conform with the requirements of this title on the effective date this title, or any amendments thereto.
NONCONFORMING LOT/PARCEL: A lot/parcel with a legal description recorded with the County Clerk's Office that does not conform with the requirements of this title on the effective date of this title, or any amendments thereto.
NONCONFORMING USE: The lawful use of premises that does not conform with the requirements of this title on the effective date of this title, or any amendment thereto.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the City, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OFF STREET PARKING SPACE: An area on a lot for the parking of a vehicle, which meets the access, size, striping and surface requirements outlined in chapter 10 of this title.
OFFICE: A place of business within a building where clerical and/or professional activities and services are conducted.
OPEN SPACE: Land area unoccupied by buildings, driveways, parking areas, roads, streets or structures. Such open space includes, but is not limited to, sidewalks, walkways, landscaped areas, gardens, common courtyards and other common open areas. Specialties, such as sheltered and open picnic areas, covered and uncovered play areas, uncovered sports courts, or open-walled structures, may be considered on their own merits as qualifying for open space characterization. Open space may include privately owned courtyards and other yards if they are not enclosed by fences or walls.
OUTDOOR SALES, REPAIRS, AND ACTIVITIES: The sale, repair, display, or provision of products or services primarily outside of a building or structure.
OUTLOT: A parcel of land within a platted subdivision, to be used for purposes other than the principal uses for which the subdivision is designed. An example of an outlot is a tract of land designated for open space or a retention pond.
OWNER: Any person, agent, firm or corporation having a legal or equitable interest in real or personal property.
PARCEL: A unit of land capable of being described by location and boundaries.
PARK: A developed or natural area set aside and/or dedicated for passive or physical recreation, relaxation, playground activities, sporting activities, biking, hiking and walking.
PARKING LOT, COMMERCIAL: An open area for the parking of passenger vehicles and on which no servicing, repair, dismantling or storage of automobiles which are for sale or which are to be repaired, being repaired or have been repaired in a manner accessory to a sales or repair garage is permitted.
PATIO HOME, ATTACHED: See definition of townhouse, attached.
PATIO HOME, DETACHED: See definition of townhouse, detached.
PAWN SHOP: A store that offers loans in exchange for personal property as equivalent collateral. If the loan is repaid in the contractually agreed time frame, the collateral may be repurchased at its initial price plus interest. If the loan cannot be repaid on time, the collateral may be liquidated by the pawn shop through sales to customers.
PERMIT: An official document issued by the building inspector, Code Enforcement Officer, or other authorized authority, as appropriate, authorizing performance of a specified activity.
PERMITTED USE: The use of a building/structure or premises which complies with the applicable use regulations of the district in which said building/structure or premises is located.
PERSONAL SERVICE ESTABLISHMENT: A business that provides services for personal or home use, including, but not limited to, photographic studios, barbershops, beauty salons, acupuncture therapy establishments, massage therapy establishments, physical therapy establishments, tanning salons, tattoo parlors, body piercing parlors, martial arts studios, dance studios, and classrooms for art and music lessons.
PET SHOP: An establishment or premises maintained for the purchase, sale, exchange or hire of animals, except livestock, and the purchase of animal supplies.
PLANNED UNIT DEVELOPMENT (PUD): A development of a single owner or group of owners acting through a legal entity, involving a related group of structures, planned as an entity and susceptible to development and regulation as one land use rather than as an aggregation of separate and individual buildings located on separate and unrelated lots. A PUD includes a development process whereby the intent and purpose is to promote design and development standard flexibility in cases where strict application of zoning regulations would inhibit the overall goals and objectives of the City.
PLAT: Any map, chart, survey, plan or replat certified by a licensed or registered surveyor which contains a description of the subdivided land with ties to permanent monuments.
PREMISES: Land, together with any buildings or structures occupying it.
PRESCHOOL: An educational institution, either private or public, with a curriculum that prepares children for elementary school.
PROPERTY LINE: The official boundary of a lot, parcel or tract of land as designated either by a metes and bounds description or subdivision plat recorded with the County Clerk's Office.
PROPERTY OCCUPANT: Any person who is occupying any property, whether by legal right or without legal right.
PROPERTY OWNER: The person who is the recorded owner of any real property according to the records contained in the Eddy County Assessor's Office.
PROPERTY, REAL: Any area, lot or parcel which is separately identified for assessment by the Eddy County Assessor's Office. This definition is intended to be inclusive and not limiting, and shall therefore include all land within the boundaries of the City of Artesia, Eddy County, New Mexico, which is identified for assessment by the Eddy County Assessor's Office.
PUBLIC BUILDING: A building or complex of buildings that house Municipal offices and services, and which may include athletic, civic, convention, cultural, entertainment or recreational facilities owned and/or operated by the City.
PUBLIC HEARING: A duly advertised hearing open to the public and conducted in accordance with the requirements of this Code and applicable State law, which provides an opportunity for interested parties to present their opinions and/or evidence.
PUBLIC MEETING: An informal meeting or other public gathering to discuss a topic or set of topics not requiring formal decision- making.
RECREATION/COMMUNITY CENTER: A private or public facility used by people for classroom instruction, community gatherings and meetings, exercising, recreational activities, special events, and sports activities.
RECREATIONAL FACILITY: A permanent facility devoted to recreational purposes, such as parks, playgrounds, sports courts and fields, and recreation/community centers.
RECREATIONAL VEHICLE (RV): A self-contained driven or towed portable unit not designed to be installed on a temporary or permanent foundation, except in RV subdivisions, which shall be defined to include, but not be limited to: pickup campers, chassis mounted motor homes, mini-motor homes, recreational vans, pop up tent/hardtop trailers, converted buses, camping trailers, recreational travel trailers, fifth wheel trailers, park models or any other vehicles which are constructed to include a chassis, integral wheels and a towing hitch and primarily designed or constructed to provide temporary or readily movable living quarters for recreation, camping, travel or other uses. A recreational vehicle may be referred to anywhere in this title as RV.
RECREATIONAL VEHICLE (RV) PARK: Real property utilized for or intended for use as temporary occupancy space for transient users of RVs.
RECREATIONAL VEHICLE (RV) SUBDIVISION: A subdivision designed and developed for long term residential use and containing lots or parcels of land intended for sale and where the residents reside within recreational vehicles exclusively.
RELIGIOUS INSTITUTION: A place or structure that is used primarily for religious worship, which may include onsite housing, as permitted in this title, for religious leaders and similar staff, and which may include accessory facilities and structures.
REMODEL OR REPAIR: Any change in a building that is not a structural alteration or enlargement.
RENEWABLE/ALTERNATIVE ENERGY SITE: A site where a renewable/alternative energy system is placed or installed to produce energy for sale.
RENEWABLE/ALTERNATIVE ENERGY SYSTEM: Equipment used in the collection, conversion, storage and/or transfer of renewable/alternative energy into a usable form of energy.
RESTAURANT: An establishment that serves food and beverages which are consumed on its premises by customers seated at tables and/or counters, either inside or outside the building thereon, and which may be engaged in providing customers with take-out service of food and non-alcoholic beverages for off-site consumption. The sale of alcoholic beverages is controlled by other provisions in this Code and the New Mexico State Statutes regarding alcoholic beverage sales.
RETAIL: Sale to the ultimate consumer for direct consumption and not for resale.
RETENTION AREA: A pond or drainage facility designed to permanently hold, store, or otherwise retain storm flows without the intent of releasing the storm flows.
RIGHT-OF-WAY: A strip of land opened, reserved, or dedicated for a street, walk, utility, drainage, alley or other public purpose dedicated to the City as defined on a plat of survey or deed.
SCHOOL, ACADEMIC: An educational institution, either private or public, with a curriculum similar to elementary and secondary schools, and/or accredited colleges and universities.
SCHOOL, TECHNICAL: An educational institution, either private or public, with a curriculum for training in the business and professional trades.
SETBACK: The shortest distance between a building or structure and a property line or future street right-of-way line.
SETBACK, FRONT: The minimum distance, as required by the zoning district in which a lot or parcel is located, between the front property line or future street right-of-way line and a building or structure, as measured parallel along the front property line or future street right-of-way line.
SETBACK, FRONT, CUL-DE-SAC: The minimum distance, as required by the zoning district in which a lot or parcel is located, between the cul-de-sac front property line and a building or structure, as measured parallel along the cul-de-sac front property line.
SETBACK, REAR: The minimum distance, as required by the zoning district in which a lot or parcel is located, between the rear property line and a building or structure, as measured parallel along the rear property line.
SETBACK, SIDE, INTERIOR: The minimum distance, as required by the zoning district in which a lot or parcel is located, between the interior side property line and a building or structure, as measured parallel along the interior side property line.
SETBACK, SIDE, STREET: The minimum distance, as required by the zoning district in which a lot or parcel is located, between the street side property line or future street right-of-way line and a building or structure, as measured parallel along the street side property line or future street right-of-way line.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio. The definition of sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy. A sexually oriented business is subject to the provisions of title 4, chapter 6 of this Code.
SHARED ACCESS: Joint use of a curb cut or drive aisle utilized by more than one use, building/structure, or property.
SHARED PARKING: Joint use of a parking area by more than one use, building/structure, or property.
SHOPPING CENTER: Multiple retail sales establishments of various sizes, planned, constructed, and managed as an entity with off street parking meant to be shared by the tenants.
SIGHT TRIANGLE: A triangular portion of land where streets intersect with each other or alleys, and where driveways intersect with streets, in which those portions of land are to be kept free of visual impairment to allow full view of both pedestrian and vehicular traffic.
SIGN: Any device or structure visible from a public place that displays either commercial or noncommercial messages by means of a graphic presentation of alphabetical text, pictorial symbols, or other representations. Flags displayed from flagpoles permanently embedded in the ground or on a mounting device attached to a building, holiday lights, and seasonal decorations shall not be considered signs.
SIGN, A-FRAME: A temporary sign consisting of two (2) sign faces placed together at an angle to form an "A" shaped structure that tapers from a wide base to a narrow top. A-frame signs are sometimes referred to as sandwich board signs.
SIGN, ABANDONED: A sign that is void of copy, no longer contains legible copy, or is in a state of disrepair for more than six (6) months, or where the sign owner no longer has the right to occupy or possess the site on which the sign is located.
SIGN, AWNING: A sign displayed on the surface of (i.e., painted on, sewn into, etc.) an architectural projection or shelter projecting from and supported by the exterior wall of a building, and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
SIGN, BANNER: A temporary sign composed of lightweight, flexible material, which may or may not be supported by a rigid frame, on which an advertisement or message may be displayed.
SIGN, BILLBOARD: See definition of sign, off premises.
SIGN, CANOPY: A sign that is mounted to the wall of a structure that projects off the face of a building more than eighteen inches (18"), or a sign that is mounted to a freestanding structure, not attached to a building, that creates a canopy or covering for an area below.
SIGN, CHANGEABLE COPY (MANUAL): A sign whose message or content is changed manually in the field (i.e., reader boards with changeable letters or pictorial panels).
SIGN COPY: Figures, graphic elements, letters, logos, numerals and symbols comprising the message or advertisement on the face of a sign. Addresses (comprising of letters, numerals and street names) are not considered sign copy.
SIGN, DIRECTIONAL: A sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
SIGN, DISPLAY SURFACE AREA (DSA) OF: The square footage of the portion of a sign containing sign copy, not including the architectural ornamentation, bracing, framework or support structures incidental to the sign itself.
SIGN, DOUBLE-FACED: A sign with two (2) faces, back to back, or attached to each other at an angle no greater than forty five degrees (45°). Only one sign face of a double faced sign shall be measured for calculating the display surface area (DSA) of the sign.
SIGN, ELECTRONIC MESSAGE: A sign whose message or content is changed electronically or mechanically, or by remote control, by movement or rotation of panels or slats, light emitting diodes (LEDs), or an electronic sign that utilizes technology through a programmable display of variable text or symbolic imagery to form multiple advertisements. Electronic message signs include, but are not limited to, tri-vision and other rotating slat technology. The use of electronic message sign technology shall not, in itself, constitute the use of flashing, intermittent or moving light or lights.
SIGN FACE: See definition of sign, display surface area (DSA) of.
SIGN, FASCIA: See definition of sign, wall.
SIGN, FREESTANDING: A permanent stand-alone sign erected on a self-supporting brace, column or pole that is placed in the ground, and not supported by a building.
SIGN, ILLUMINATED: A sign utilizing artificial light, either internally or externally, to reflect off its surface.
SIGN, INFLATABLE: An object either continuously or intermittently inflated (intermittently inflated to provide motion to the object or figure) that is larger than eighteen inches (18") in any dimension and that is tethered or otherwise attached to the ground, a structure or other object. Inflatable signs are typically representations of objects or figures such as products, cartoon characters, animals, or human shapes in either life-like or abstract form. Inflatable signs do not include individual balloons under eighteen inches (18") in diameter.
SIGN, MARQUEE: See definition of sign, canopy.
SIGN, MOBILE: A sign that is attached or placed on a vehicle, trailer or other mobile device parked on public or private property, and is not permanently affixed to real property or a sign structure. The following conditions shall not constitute a mobile sign:
A. The primary purpose of such vehicle, trailer or other mobile device is not for the display of a sign.
B. The sign is a magnet or decal, or is painted upon an integral part of the vehicle, trailer or other mobile device, and does not break the silhouette of the vehicle, trailer or other mobile device.
C. The vehicle, trailer or other mobile device is in operating condition, currently registered and licensed to operate on public streets where applicable, and is actively used or available for use in the daily function of the business to which such sign relates.
SIGN, MONUMENT: A freestanding sign that is placed upon a permanent foundation, usually made of brick, concrete, masonry or stone, which identifies a commercial or noncommercial service, business or entity.
SIGN, MULTI-FACED: A sign with two (2) or more faces oriented in the same direction, or are attached to each other at an angle greater than forty five degrees (45°). All sign faces of a multi- faced sign shall be measured for calculating the display surface area (DSA) of the sign.
SIGN, NONCONFORMING: A sign that was legally installed, with or without a permit, in conformance with all City regulations and codes in effect at the time of installation, but which may no longer comply with subsequently enacted regulations or codes having jurisdiction relative to the sign.
SIGN, OFF PREMISES: A sign erected, maintained or used in the outdoor environment for the purpose of advertising an activity, product or service which is not conducted on the property upon which the sign is located.
SIGN, OFFICIAL: A sign or notice erected and maintained by public officers or public agencies within Artesia City limits and pursuant to and in accordance with authorization contained in Federal, State or local laws for the purpose of carrying out an official duty or responsibility. Historical markers authorized by law and erected by Federal, State or local government agencies or non-profit historical societies shall be considered official signs.
SIGN, ON PREMISES: A sign erected, maintained or used in the outdoor environment for the purpose of advertising an activity, product or service conducted on the property upon which the sign is located, and which is located within the area actually utilized for the purpose of the activity, product or service it advertises.
SIGN, PORTABLE: A temporary sign that is not permanently placed or attached to the ground or to a building.
SIGN, PROJECTING: A sign that is secured to a wall of a building that extends perpendicularly from the wall more than eighteen inches (18").
SIGN, ROOF: A sign mounted on and supported by the roof portion of a building, and which is entirely or partially supported by such building.
SIGN, TEMPORARY: A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature, that is not permanently embedded in the ground, or is not permanently affixed to a building or sign structure that is permanently embedded in the ground.
SIGN, UNDER AWNING/CANOPY: A sign that projects downward from the bottom of an awning/canopy.
SIGN, VERTICAL BANNER: A type of banner sign which is typically feather or rectangular shaped and made of cloth or other fabric, and which is attached to a rigid pole that is not permanently embedded in the ground.
SIGN, WALL: A sign that is affixed to or painted upon any wall or parapet of a building or structure, and that projects no more than eighteen inches (18") from the building or wall structure, including a sign affixed to an architectural projection from a building, provided the copy area of such sign remains on a parallel plane to the face of the building facade or to the face of the architectural projection to which it is affixed.
SIGN, WINDOW: A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
SITE PLAN: A drawing that shows the boundaries of a lot or parcel of land, and the placement of all anticipated major improvements, including buildings/structures with setback dimensions, roads and driveways, parking lots/spaces, landscaped features, fences/walls, freestanding signs, storm and sanitary sewer lines, and utility connections.
SKIRTING: A material designed and utilized to enclose a space between the lowest floor of a manufactured home, mobile home, or modular home and the ground, and utilized to completely conceal the undercarriage portion of such homes.
SLAUGHTERHOUSE: A building maintained for the purpose of slaughtering any animals to be held, exposed for sale, or offered for sale for human consumption.
SLOPE: The ratio of vertical distance to horizontal distance (rise over run).
SOLAR ENERGY CONVERSION SYSTEM/SOLAR PANELS: A device that collects energy from the sun and converts it to produce electricity or other forms of energy.
SOLID WASTE: Any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded materials, including solid, liquid, semi-solid, or contained gaseous material resulting from agricultural, commercial, industrial, and mining operations, and from community and residential activities, but does not include those items specifically excluded from the definition of solid waste in the solid waste management regulations of the New Mexico Environmental Department, as such definition may be amended from time to time.
SPECIAL USE: A use in which a permit must be secured and conditions must be observed to help alleviate potential negative impacts to the area surrounding the site where the use is sought.
STOCKYARD: A large yard containing pens and sheds, in which livestock is temporarily kept and sorted for slaughter, market, or shipping.
STORMWATER DRAINAGE PLAN: A plan indicating an on site drainage proposal for the retention or detention of stormwater or for the passage of stormwater through the development for safe discharge into storm drainage facilities. Also, a comprehensive analysis of:
A. The existing storm drainage conditions of a proposed development; and
B. The disposal of the increased runoff that is generated by the proposed development.
STORY: The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREET: A paved public or private highway or right-of-way that is giving primary access to abutting properties.
STREET CENTERLINE: A line halfway between the street right-of-way lines.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
STRUCTURE: That which is built or constructed.
STRUCTURE, HEIGHT OF: The vertical distance from grade to the highest point on the structure.
SUBDIVIDER: A property owner or owner's agent who undertakes the subdivision of land as set forth in title 10 of this Code.
SUBDIVISION: The division of land into two (2) or more parts by platting or by metes and bounds description into tracts and/or lots in any one calendar year for the purpose of:
A. Selling for building purposes;
B. Laying out a municipality or any part thereof;
C. Adding to a municipality;
D. Laying out suburban lots; or
E. A resubdivision.
SURVEYOR: A person who is engaged in the practice of surveying and is qualified to so practice as attested by his/her legal registration as a professional land surveyor in the State of New Mexico.
SWAP MEET: See definition of flea market.
TELECOMMUNICATION FACILITY: Structures, antennae and equipment for providing wireless telecommunication services. The structures typically include a building to house the equipment and a tower to support the antennae.
TELECOMMUNICATION TOWER: A support structure for the placement of antennae that provide wireless telecommunication services. The tower may be a wooden pole, steel monopole, lattice tower, or similar structure.
TEMPORARY OUTSIDE DISPLAYS AND SALES: The display or sale of goods or merchandise not in or from an enclosed permanent building/structure, to be conducted for a period of five (5) days or less.
TEMPORARY USE: A specific, permitted use established for a specific period of time. Temporary uses do not involve the construction or alteration of any permanent building/structure, and may include real estate sales offices ancillary to model home sales.
TEMPORARY WORKFORCE HOUSING: Temporary housing in a barracks or dormitory style setting, where the entire facility is designed, constructed and managed by a single entity, and is established for a specified period of time and subject to specific operational and other requirements.
THEATER: A building or part of a building used to show motion pictures, or used for drama, dance, musical, or other live performances.
TOWNHOUSE, ATTACHED: One structural unit of contiguous single- family dwelling units that is joined by a common wall or walls with another one or more of the contiguous units. A patio home is also considered a townhouse.
TOWNHOUSE, DETACHED: One structural unit among a group of separate detached single-family dwelling units that are part of a unified development, typically with common areas for all of the units and separate limited common areas for each unit. A patio home is also considered a townhouse.
TRACT: A lot or parcel.
TRAFFIC IMPACT ANALYSIS/TRAFFIC STUDY: A technical study performed by a qualified engineer, which assesses the impacts of a proposed facility or development on existing and proposed rights-of-way. It may analyze the impacts on safety, intersections, circulation patterns, ingress/egress, traffic loads, parking and loading areas, on site circulation, and vehicles per day, and may set forth mitigation measures to eliminate or substantially reduce such impacts.
TRAILER, UTILITY: Any trailer intended for and capable of hauling supplies, equipment or vehicles, and that may be moved by a powered vehicle.
TRANSFER STATION: Any facility, including containers, vehicles, buildings or structures constructed, used, and managed for the intermediate storage and/or processing and placement of solid waste for a limited period of time prior to transfer to a sanitary landfill, incinerator, or other solid waste disposal facility.
TRAVEL TRAILER (CAMPER): See definition of recreational vehicle (RV).
TRAVEL TRAILER PARK: See definition of recreational vehicle (RV) park.
TRUCK STOP/TRAVEL PLAZA: An area or building/structure designed or used for the temporary parking of large or commercial vehicles such as, but not limited to, freight vehicles, busses, or heavy equipment. In addition to parking, the area or building/structure may include ancillary services, such as, but not limited to, fuel, food, vehicle repair, and overnight rest facilities.
TRUCK TERMINAL: A property or building/structure used primarily for the temporary parking of trucks of common or contract carriers during loading or unloading, including necessary warehouse space for the storage of transitory freight.
USE: The purpose for which land or buildings/structures thereon is designed, arranged or intended to be occupied or used, or for which it is occupied, maintained, rented or leased.
USE, PRINCIPAL: The primary use of a building/structure or premises.
UTILITIES: Sewerage systems, water systems, natural gas lines, electrical services, cable television services, computer internet services, telephone services, stormwater systems.
VARIANCE: Variation from the strict, literal application of this title; however, the allowable use of premises shall never be changed via a variance.
VEHICLE BODY SHOP: An establishment where the repairing and replacing of exterior and interior body components and parts for boats, recreational vehicles (RVs) and vehicles takes place. The components and parts may include, but are not limited to, materials made from cloth, fiberglass, glass, leather, metal, plastic, rubber, vinyl and wood.
VEHICLE REPAIR SHOP: An establishment that provides the servicing and cleaning of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as boats, motorcycles, and recreational vehicles (RVs). Vehicle repairs may include battery charging and replacement, brake replacement and service, lubrication, fluid and oil changes, radiator service, suspension service and replacement of parts, tire repair and replacement (but not tire retreading, recapping or rebuilding), transmission service, tune-ups, vehicle alignment, and other minor vehicle repairs. Accessory uses may include offices, parts sales, vehicle storage, and the washing of vehicles.
VEHICLE SERVICE STATION: An establishment where gasoline, diesel fuel and other vehicle fuels and oils are offered for sale, and where vehicle repairs may be offered.
VEHICLE WRECKING YARD: A type of junkyard in which there is open storage of one or more inoperable vehicles or in which salvaged motor vehicle bodies, motor vehicle parts, scrap, or waste materials of any kind are displayed, exchanged, handled, processed, sold, or stored.
WAREHOUSE: A place for the storage of commodities and/or merchandise.
WATERCOURSE: Any arroyo, channel, creek, lake, river, stream, or other body of water having banks and a bed through which water flows at least periodically.
WHOLESALE: The sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WIDTH OF LOT: See definition of lot width.
WIND ENERGY CONVERSION SYSTEM/WIND TURBINE: A device that collects energy from the wind and converts it to produce electricity or other forms of energy.
XERISCAPING: Landscaping characterized by the use of vegetation that is drought tolerant or of low water use in character.
YARD: An open space on the same lot or parcel as a principal building/structure or group of principal buildings/structures, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
YARD, FRONT: That portion of a lot or parcel lying between the front property line and the front facades of a principal building/structure or group of principal buildings/structures occupying the lot or parcel, and extending to both side property lines. For corner lots or parcels, the front yard shall face the shortest street dimension on the lot or parcel; except that if the lot or parcel is square or almost square, i.e., has dimensions in a ratio of from three to two (3:2) to three to three (3:3), then the front yard may face either street.
YARD, REAR: That portion of a lot or parcel lying between the rear property line and the rear facades of a principal building/structure or group of principal buildings/structures occupying the lot or parcel, and extending to both side property lines.
YARD, SIDE, INTERIOR: That portion of a lot or parcel lying between an interior side property line and the side facades of a principal building/structure or group of principal buildings/structures occupying the lot or parcel, and which does not include a front yard or rear yard as defined above.
YARD, SIDE, STREET: That portion of a lot or parcel lying between a street side property line and the side facades of a principal building/structure or group of principal buildings/structures occupying the lot or parcel, and which does not include a front yard or rear yard as defined above.
ZERO LOT LINE: A lot/parcel containing no required setback area along said lot line. (Ord. 1029, 8-28-2018)
Notes
| 1 | 1. NMSA ch. 60, art. 14. |
| 2 | 2. NMSA ch. 60, art. 14. |