For the purpose of carrying out the intent of this title, words, phrases and terms shall be deemed to have the meaning ascribed to them in this section covering definitions.
When not inconsistent with the context, words used in the present tense include the future; in the plural number, include the singular. "Structure" includes "building"; "shall" is mandatory and "may" is permissive; "used" includes "arranged for, designed for, occupied or intended to be occupied for"; "council", the village council of the village of Cloudcroft; "commission", the planning and zoning commission of the village of Cloudcroft.
ACCESS OR ACCESSWAY: The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property or use.
ACCESSORY BUILDING: A detached subordinate building located on the same lot with the main building, to include portable buildings.
ACCESSORY USE: A use incidental or subordinate to the main use of the land or building thereon.
ADULT ENTERTAINMENT: See ordinance as adopted or as may be amended.
ALLEY: A public way, not more than twenty feet (20') in width, intended for secondary access and service to the rear or side of property.
ANIMAL HOSPITAL: See definition of Hospital, Animal.
APARTMENT: See definition of Dwelling, Multiple.
ARTERIAL: A street on the official major thoroughfare plan designated to carry more traffic volume than the amount carried on a local street.
AUTOMOBILE SERVICE STATION: See definition of Vehicle Fueling Station.
AUTOMOBILE WRECKING: The wrecking or dismantling of used motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts.
AUTOMOTIVE REPAIR GARAGE: A building or premises used for repair of any automotive vehicle.
AUTOMOTIVE VEHICLE: Any motorized vehicle, including, but not limited to, automobiles, trucks, motorcycles, ATVs, RVs, snowmobiles.
BASEMENT: A space wholly or partly underground, with more than one-half (1/2) of its height, measured from its floor to its ceiling, below the average grade of the four (4) adjoining sides.
BED AND BREAKFAST: A building within which temporary lodging with meals is provided for compensation.
BOARDING HOUSE OR ROOMING HOUSE: A building within which semipermanent lodging with or without meals is provided for compensation; includes residential fraternity and sorority houses and rest homes or homes for the aged.
BUILDABLE AREA: The portion of a lot remaining after required yards and open spaces have been provided.
BUILDING: See definition of Structure.
BUILDING, ACCESSORY: See definition of Accessory Building.
BUILDING, HEIGHT OF: The vertical distance, measured from the highest grade to the highest point of the structure, exclusive of chimneys, ventilators, air conditioners and ducts, elevator equipment, flagpoles and communication antennas.
BUILDING LINE: A line on private property established for the erection of a structure by ordinances which regulate structure setbacks.
BUILDING, MAIN: See definition of Structure, Main.
BUILDING SITE: The ground area for a building or structure, together with all yards and open space.
CARPORT: Roofed structure possessing three (3) walls or less, located on the same lot as a dwelling, for the storage of private motor vehicles, boats or trailers of the occupants of the dwelling.
CERTIFICATE OF COMPLETION: A document issued by the village of Cloudcroft indicating that all required inspections have been completed, the project conforms with applicable ordinances and the work is complete in accordance with submitted documents.
CHILDCARE FACILITY: The use of a structure or portion thereof for the care of three (3) or more children for compensation. Includes nursery, daycare center, kindergarten.
CHURCH: A building where persons regularly assemble for religious worship, and which building is maintained and controlled by a religious body organized to sustain public worship.
CLUB: A noncommercial association of persons organized for some common purpose, whether or not incorporated. Includes civic, community and noncommercial private clubs. Does not include church.
COMMON OPEN SPACE: Private land owned in common by owners of residences in a planned unit development, specifically developed for common recreational areas or designated as open area for the use and enjoyment of all of the occupants of the development; does not include streets and alleys, private yards and patios of individual building sites or other areas designed primarily to serve other functions.
CONTINUING USE: Lawful nonconforming use of any premises existing on or before the effective date hereof.
CONTRACTOR: Person licensed by the state of New Mexico for construction purposes.
COTTAGE INDUSTRY: See definition of Home Occupation.
DEVELOPMENT STANDARDS: See definition of Standards, Development.
DRIVEWAY: Vehicular access to property.
DUPLEX: Structure containing two (2) dwelling units.
DWELLING: A building, or portion thereof, used exclusively for residential occupancy, including single and multiple dwellings, but not including hotels or motels.
DWELLING, MULTIPLE: A building, or portion thereof, designed or used for occupancy by two (2) or more households, all living independently of each other in separate dwelling units.
DWELLING, SINGLE-FAMILY: See definition of Single-Family Dwelling.
DWELLING UNIT: One or more habitable rooms, including kitchen facilities, designed for occupancy by a person or persons maintaining a household for living and sleeping purposes. Same as housing unit. See definition of Single-Family Dwelling.
EDUCATIONAL INSTITUTION: A school offering graded academic or vocational instruction meeting the requirements of state compulsory education laws, or a college or university giving general instruction equivalent to the standards prescribed by local and state public educational authorities. May be public or private. Does not include trade schools, dance schools, karate schools, riding academics, nursery schools and similar commercial operations.
FENCE: A manmade, freestanding barrier.
FLOOR: Any space with a height greater than six feet (6'). See definition of Story.
FLOOR AREA: See definitions of Gross Floor Area and Net Floor Area.
FRONTAGE: The line where a property abuts a public street or an approved private way.
GARAGE, PRIVATE: A detached accessory building or a portion of a main building on the same lot as a dwelling, for the storage of private motor vehicles, boats or trailers of the occupants of the dwelling.
GARAGE, PUBLIC: See definition of Automotive Repair Garage.
GARAGE, STORAGE: Any premises used exclusively for the storage of vehicles.
GENERAL PLAN: See definition of Long Range Comprehensive Plan.
GOLF COURSE: May include a driving range as accessory to the golf course facility; does not include a miniature golf course.
GOLF COURSE, MINIATURE: Reduced area golf course wherein the only club required is a putter.
GRADE: The finished level of the ground abutting the structure, or the vertical extension of said structure, taken at the center of the exterior walls of the structure.
GRADING PLAN: Plan showing lot grades, relation of structure to grades, proposed excavation or fill and/or proposed retaining walls.
GROSS FLOOR AREA: The entire area within the walls of a building or complex.
HEDGE: Any natural shrubbery planted in a compact line serving as a fence or boundary.
HEIGHT OF BUILDING: See definition of Building, Height Of.
HOME OCCUPATION: Any occupation customarily performed at home that does not involve a structural change in the building, employment of help, installation of equipment or the display of a sign other than a nameplate.
HOSPITAL, ANIMAL: A building where animals are given medical or surgical treatment and are cared for within that building during the time of such treatment and recovery thereof.
HOSPITAL OR CLINIC: An institution which gives medical or surgical care or treatment to sick, injured or infirm persons; includes clinics and sanitariums.
HOTEL: A building other than a dwelling unit in which rooms are offered for sleeping accommodations to transient persons for compensation. Includes motel.
KENNEL: Any premises on which five (5) or more dogs or cats four (4) months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs or cats is conducted.
KITCHEN: Any room or facility designed to be used or maintained for the cooking or preparation of food.
LOADING BERTH: An off street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading.
LODGING HOUSE: See definition of Boarding House Or Rooming House.
LONG RANGE COMPREHENSIVE PLAN: The plan for the development of the village, reviewed by the village planning and zoning commission, and adopted by the village board of trustees.
LOT: A parcel of land recognized by the village as an acceptable site for use or buildings.
LOT AREA: The total area, measured in a horizontal plane, within the boundary lines of a lot.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT DEPTH: The lot depth shall be the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines, or the two (2) side lines. If the front or rear lot line should curve, the lot depth shall be the horizontal length of a straight line connecting the bisecting point of the chord of the front lot line and the bisecting point of the rear lot line.
LOT, DOUBLE FRONTAGE: Any lot having frontage on two (2) streets which are nonintersecting. See section 9-3-3 of this title.
LOT, INTERIOR: Any lot having frontage on one side only.
LOT LINE: Any line which is a legal boundary to a "lot", as herein defined.
LOT LINE, COMMON: Any side or rear property line which adjoins or abuts another side or rear property line, not including side or rear property lines abutting a street.
LOT, PANHANDLE: Any lot without street frontage along either its primary width, depth or area, with access to the major area being provided by way of a "neck" projection of the lot, extending between the major area of the lot and the street frontage.
LOT WIDTH: The horizontal distance between the side lot lines measured at the required front setback line.
MAIN BUILDING: See definition of Structure, Main.
MOBILE HOME: A self-contained dwelling unit, factory built and assembled, designed for conveyance, after fabrication, on its own wheels or on a flatbed or other hauling device; designed and constructed specifically for long term occupancy on an appropriately zoned lot, and which shall conform to state and federal construction standards (HUD approved).
MOBILE HOME PARK: A parcel of ground providing site for the parking or location of one or more mobile homes.
MOBILE HOME SPACE: A plot of ground or site within an approved mobile home park designed for the accommodation of a mobile home unit.
MODULAR HOME: A premanufactured structure as defined in New Mexico Statutes Annotated section 3-21A-2, as amended from time to time. Modular homes must meet UBC standards and be listed as approved by the New Mexico state construction industries division (see list of current approved manufacturers in the village office).
MOTEL: See definition of Hotel.
NET FLOOR AREA: The area accessible and intended for the use of customers, patrons, members or visitors, not including storage or stockrooms, kitchens, areas behind a bar or counter, restrooms, common hallways, and similar areas that are not rentable.
NONCONFORMING LOT, STRUCTURE OR USE: A legally nonconforming lot, structure or use is one which, although not conforming to the zoning regulations for the district in which it is located, is permitted to continue because it was legally in existence at the time the zoning regulation or regulations in question first took effect at that location.
OPEN SPACE: Space not occupied in whole or in part by a building.
OUTDOOR LIVING SPACE: Open space designed for the use of the occupants of a residential unit which may include swimming pool, barbecue area and other open recreational facilities.
OVERLAY ZONE: See definition of Zone, Overlay.
PARKING AREA, PRIVATE: An area, other than a street, available for the parking of vehicles and not for the general public use.
PARKING AREA, PUBLIC: An area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for remuneration.
PARKING LOT: A parcel of land devoted to unenclosed parking spaces for vehicles.
PARKING SPACE, AUTOMOBILE: Space exclusive of driveways, ramps and loading areas for the parking of one automobile.
PERFORMANCE STANDARDS: See definition of Standards, Performance.
PERMITTED USE: See definition of Use, Permitted.
PET SHOP: An establishment for the retail sale of animals and pet supplies.
PHILANTHROPIC INSTITUTION: An institution existing for the sole purpose of promoting the welfare of mankind by works of charity as may be determined from time to time by federal or state law.
PROHIBITED USE: See definition of Use, Prohibited.
RECREATIONAL VEHICLE PARK: A site zoned to provide temporary parking for recreational vehicles.
RECREATIONAL VEHICLES (RVs): Self-contained dwelling units, factory built and assembled, designed for conveyance on their own wheels, designed and constructed especially for short term occupancy and including vehicles commonly referred to as motor homes, pickup campers and small trailers, not to exceed forty four feet (44') in length.
REST HOME OR SANATORIUM: Premises used for the housing of and caring for the ambulatory, aged or infirm, not including facilities for surgery.
RETAINING WALL: Wall designed to resist the lateral displacement of soil or other materials.
ROOMING HOUSE: See definition of Boarding House Or Rooming House.
SCHOOL: See definition of Educational Institution.
SERVICE STATION: See definition of Vehicle Fueling Station.
SETBACK: Measurement from the lot line to the physical building and any projection thereof, including any roof overhang which exceeds three feet (3') provided that for multiple adjacent and contiguous lots owned by the same person or entity, who have elected to treat the multiple adjacent lots as a single lot, the setbacks shall be measured to the external lot lines without regard to internal lot lines.
SIGN: Any device, including banners and pennants, intended to direct or that in fact does direct attention, whether by means of words, letters, numerals, trademarks, pictures, designs, objects, logos or by any other means.
SINGLE-FAMILY DWELLING: A house occupied for permanent residence purposes by a person maintaining a household, or two (2) or more persons maintaining a common household.
SLEEPING UNIT: One or more rooms with sleeping facilities.
SPECIAL USE PERMIT: In extraordinary circumstances, temporarily permits an otherwise prohibited use.
STABLE: Any premises used for the purpose of buying, selling, renting, feeding, breeding or boarding of large domestic animals.
STANDARDS, DEVELOPMENT: Regulations pertaining to the physical development of a site, including, but not limited to, requirements pertaining to yards, height, lot area, fences, walls, landscaping, access, parking, signs, etc.
STANDARDS, PERFORMANCE: Regulations pertaining to the operation of a development or use, including, but not limited to, requirements pertaining to fire and explosion hazards, radioactivity or electrical disturbance, noise, vibration, smoke, emission of dust, heat, glare, odors and gases and lighting.
STORY: Any floor aboveground, not including basements. Any floor with a height greater than six feet (6') having more than fifty percent (50%) of its total wall area above grade.
STREET, CENTERLINE: The centerline of a street or right of way as established by official surveys.
STREET, PRIVATE: A street or vehicular accessway, the ownership and maintenance responsibility for which is retained by private owners and does not devolve upon the village.
STREET, PUBLIC: A public thoroughfare or right of way recognized by the village; does not include alley.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof, rafters, foundations, piles or retaining walls or similar components, or in any building line of the building.
STRUCTURE: Any constructed edifice or building of any kind, or any piece of work artificially built up or composed of parts assembled together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.
STRUCTURE, MAIN: A building within which is conducted the principal use of the property.
STRUCTURE, MAIN RESIDENTIAL: Residential use requires a main structure not less than six hundred (600) square feet in area and containing restroom and kitchen facilities.
TEMPORARY SIGN: Any sign not attached to a structure or to the ground, not to be exhibited for more than thirty (30) days counting each day after the first day of exhibition. Real estate signs are exempt. (See section 9-10-2 of this title.)
TEMPORARY STRUCTURE: Any structure not permanently attached to the ground, such as, but not limited to, construction sheds, portable buildings, movable buildings, seats, bleachers, canopies, tents, reviewing stands and fences used in construction work. All temporary structures shall have a special use permit and shall be completely removed when the temporary structure permit expires.
TEMPORARY STRUCTURE PERMIT: Special use permit for temporary structures.
TRAILERS, COMMERCIAL: A portable structure designed for commercial use only as permitted under state or federal laws.
TRAVEL TRAILER PARK OR TRAILER PARK: See definition of Recreational Vehicle Park.
USE, PERMITTED: A principal allowed use, an accessory use or a special use specifically allowed.
USE, PROHIBITED: A use which is not specifically allowed.
VEHICLE FUELING STATION: Buildings and premises where gasoline, oil, grease and customary automotive accessories and services are provided.
WALL: Any vertical element forming a physical part of a structure.
WRECKING YARD: See definition of Automobile Wrecking.
YARD: Any open space on the same lot with a building or a building group.
YARD, FRONT: A yard between the front line of a building and the front lot line.
YARD, INTERIOR: Any rear yard or side yard that does not abut a street.
YARD, REAR: A yard between the extreme rear line of a building and the rear lot line.
YARD, SIDE: A yard extending between the side lot line and the nearest part of the main building.
YARD, SIDE STREET: A yard extending between the side lot line abutting a street and the nearest part of the main building.
ZONE: Fundamental site designations established by ordinance to regulate densities, uses and basic development and performance standards.
ZONE, OVERLAY: Supplementary site designations, superimposed on a map by ordinance to highlight special areas such as historical districts or fire zones. (Ord. 277, 10-29-1997; amd. Ord. 322, 10-14-2003; Ord. 336, 8-9-2005; Ord. 342, 6-13-2007)