§ 154.01 TITLE.

These regulations shall be known as the “Comprehensive Zoning Ordinance of the Town of Clayton, New Mexico”, and shall be referred to herein as “this chapter”.

(Ord. 558, passed 12-8-1986)

§ 154.02 PURPOSE.

(A) The regulations and restrictions of this chapter are designed to lessen congestion in the streets and public ways; to secure safety from fire, flood waters, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions for transportation, water, sewerage, schools, parks, and other requirements; to conserve the value of buildings and lands; to encourage the most appropriate use of land throughout the town; and to control and abate the unsightly use of buildings or land.

(B) Additionally, this chapter is adopted for the purpose of promoting coordinated and sound development, to encourage innovation in residential development or renewal so that housing demands may be met by a greater variety of types and design of housing units, to provide for higher quality in site and land planning, to conserve open space, and to provide more efficient and attractive use of open space.

(Ord. 558, passed 12-8-1986)

§ 154.03 APPLICATION OF THE ZONING ORDINANCE.

All property, except that property owned or controlled by the federal government, state, county and town, and their subdivisions or agencies, is governed according to the zone in which it is located. Any use not classified as permissive or conditional within a particular zone is hereby prohibited from that zone, except as otherwise provided herein. The zones and boundaries of zones are shown on the zone map and Exhibit “A” attached Ordinance 558.

(Ord. 558, passed 12-8-1986)

§ 154.04 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.

ACCESSORY. A use or structure normally incidental to a principal use or structure on the same lot.

BUILDING HEIGHT. The vertical distance from the finished lot grade to the highest point of the coping of a flat roof; the deck line of a mansard roof; or the average height between the top plate and ridge of a gable, hip, or gambrel roof.

CANNABIS. All parts of the plant of the genus cannabis containing a delta-9-tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. CANNABIS does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds to prepare topical or oral administrations, food, drink, or other products.

CANNABIS CONSUMPTION AREA. An area where cannabis products may be served and consumed.

CANNABIS CULTIVATION. A facility in which cannabis is grown, harvested, dried, cured, or trimmed.

CANNABIS PRODUCT. Cannabis concentrate and products that are composed of cannabis and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

CANNABIS PRODUCT MANUFACTURING. A facility for the processing, including but not limited to extraction, refinement, isolation, or packaging of a product other than cannabis itself, which contains or is derived from cannabis, including but not limited to concentrates, cannabis infusions, edible products, ointments, and tinctures, but excluding hemp. See also HEMP.

CANNABIS RETAIL. A retail sales establishment licensed by the state to sell cannabis and cannabis products to qualified patients, primary caregivers, and reciprocal participants and directly to consumers.

CONDITIONAL USE. Any one of those uses enumerated as conditional uses in a given zone district or any use which satisfies the provisions of § 154.10. Such uses require individual approval and permit granted by the Planning and Zoning Commission. A conditional use shall not be considered as a nonconforming use under the provisions of this chapter.

DWELLING UNIT. One or more connected rooms and a single kitchen designed for and occupied by no more than 1 family for living and sleeping purposes.

FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or legal adoption, no such family shall contain more than 3 unrelated persons.

FLOOR AREA. The total gross area of all floors of a building.

GOVERNING BODY. The Board of Trustees and Mayor of the Town of Clayton.

GRADE. The average of the finished ground level at the center of all walls of the building or at the center of the structure.

HEMP. As defined by NMSA § 20-10-2-7. For the purposes of this chapter, hemp is not regulated as cannabis. See also CANNABIS.

HOME OCCUPATION. An occupation conducted in a dwelling unit pursuant to conditional use requirements in § 154.10.

LOT. Any parcel of land platted or described by metes and bounds and placed on record with the town or county in accordance with all applicable laws and ordinances.

(1) LOT, AREA. The total aggregate area of the lot as measured to include all the land in the lot inside its property lines.

(2) LOT, CORNER. Any lot located at the intersection of, and having frontage on 2 or more streets.

(3) LOT, WIDTH. The average distance between the side lot lines measured parallel to the front lot line.

(4) LOT LINE, FRONT. The boundary of a lot bordering on a street. For the purpose of determining setback requirements on a corner lot and a lot which has frontage on 2 streets and is not a corner lot, all sides bordering on a street shall be considered the front.

(5) LOT LINE, REAR. The boundary of a lot opposite the front lot line. A corner lot shall have 1 rear lot line which is opposite the front of the structure on such corner lot. A lot which has frontage on 2 streets and is not a corner lot has no rear lot line.

(6) LOT LINE, SIDE. Any boundary line of a lot which is not a front line or a rear lot line.

(7) LOT OF RECORD. A lot placed on record on or before the effective date of this chapter or an amendment hereto.

MARIJUANA. Used interchangeably with CANNABIS and means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. MARIJUANA does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds to prepare topical or oral administrations, food, drink, or other products.

MARIJUANA TESTING FACILITY. The State of New Mexico, Regulation and Licensing Division, or its successor agency, or another entity that is licensed by the Regulation and Licensing Division to analyze the potency of marijuana and test marijuana for harmful contaminants.

MOBILE HOME PARK. Any tract of land that is divided into rental spaces under common ownership or management for the purpose of locating 2 or more manufactured homes for dwelling purposes.

MOBILE HOUSING UNIT or MOBILE HOME. A vehicle or structure which is greater than 8 feet wide and greater than 40 feet long and which:

(1) Is designed or used as a dwelling;

(2) Is not designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Uniform Building Code;

(3) Whose structural, electrical, water supply, sanitary sewage, heating, insulation, and mechanical parts and components are not designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Uniform Building Code; and

(4) Which is designed, constructed and inspected in accordance with the requirements and specifications of the New Mexico Mobile Housing Act or the Federal Mobile Home Construction and Safety Standard.

N.M.E.I.D. New Mexico Environmental Improvement Division, or any state regulatory agency whose purpose is the environmental protection of the public.

NON-CONFORMING USES, LOTS, STRUCTURES. Any lot, building, structure, or portion thereof, or use of any building or lot which does not conform to the provisions of this chapter and which lawfully existed on the effective date of those provisions with which it does not conform.

PLANNING AND ZONING COMMISSION. A body appointed by the governing body and delegated the power, authority, jurisdiction, and duty to enforce and carry out the provisions of this chapter.

RECREATIONAL VEHICLE. A structure which does not exceed 8 feet in width and 40 feet in length and which:

(1) Is designed or used as temporary living quarters for recreational, camping or travel; and

(2) Is a self-propelled motor vehicle or is a wheeled vehicle with no motive power of its own, or is designed to be mounted on a motor vehicle, such as a pick-up camper.

SETBACK. The required distance between every building or structure, fences excepted, and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, except as otherwise provided in this chapter.

(1) SETBACK, FRONT. An open area extending across the full width of a lot, the depth of which is the shortest distance between the front lot line and the nearest portion of a building or structure located on the lot.

(2) SETBACK, REAR. An open area extending across the full width of a lot, the depth of which is the shortest between the rear lot line and the nearest portion of the building or structure located on the lot.

(3) SETBACK, SIDE. An open area not included in any front or rear setbacks of a lot and measured in width by the shortest distance between a side lot line and the nearest portion of a building or structure located on the lot.

SIGN. A device designed to inform or attract the attention of persons not on the premises on which the device is located.

SPOT ZONING. Assigning a lot, a parcel, or several lots or parcels a zoning classification inconsistent with that of the zone district in which it is located with the effect of conferring special benefits or privileges upon particular property owners, or bringing about a detriment to the general welfare of the surrounding neighborhood.

STRUCTURE. Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels, but exclude sidewalks, driveways and uncovered patios.

USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

VARIANCE. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship that would deprive the owner of the reasonable use of land or building. As used in this chapter, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking, and off-street loading requirements.

(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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