For the purposes of this title, certain words and terms are hereby defined. Words used in the present tense shall include the future; and the singular number shall include the plural; and the plural, the singular; the word "building" shall include the word "structure"; the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory.
Whenever used in this title the following words shall have the meanings herein ascribed:
ACCESSORY BUILDING: A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.
ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT HOUSE: See definition of Dwelling, Multiple.
AUCTION HOUSE: A building and appurtenant lands, or a property, where antiques, and/or property, and/or objects of art, furniture, equipment, and other goods are offered for sale to persons who bid on the object in competition with one another.
AUTOMATIC IRRIGATION SYSTEM: A complete set of system components that includes the water source, the water distribution network, and the general irrigation equipment. The system operates in accordance to a preset program within a controller.
BACKFILL: Soil that is used to fill a planting hole after a plant's roots have been positioned in the planting hole.
BASEMENT: A story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by others than a janitor employed on the premises.
BERM: Graded mounds of soil used to create a screen, buffer, or a landscape design element.
BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons.
BUILDING: Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind; and when separated by dividing walls without openings, each portion of said building, so separated, shall be deemed a separate building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
CELLAR: A story having more than one-half (1/2) of its height below grade.
DECIDUOUS SHADE TREE: A tree that sheds all its leaves every year at a certain season.
DEVELOPMENT: The use of any land, the carrying out of any building activity, the making of any material change in the use, or intensity of use, or appearance of any building, structure or land, or the dividing of land into lots, blocks or parcels.
DISTRICT: Any section of the city for which the regulations governing the use of buildings and premises or the height and area are uniform.
DRIP EMITTER: A low volume emission device that delivers water at low rates. Drip emitters are used to apply water directly to an individual plant root system.
DROUGHT TOLERANT PLANTS: Low water use plants that, after they are established, can survive with little or no supplemental watering.
DWELLING: Any building or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE: A building or portion thereof designed for occupancy by three (3) or more families.
DWELLING, SINGLE-FAMILY: A building designed for occupancy by one family.
DWELLING, TWO-FAMILY: A building designed for occupancy by two (2) families.
DWELLING UNIT: A room or group of rooms for the domestic use of one or more individuals living as a single, independent housekeeping unit, occupied or intended for occupancy by one household or family with cooking (not more than 1 kitchen), eating, sleeping, living, and sanitary facilities.
EROSION: The detachment and movement of soil particles or fragments by water, wind, ice, and/or gravity.
EVERGREEN TREE: A tree, either broadleaf or conifer, which maintains at least a portion of its leaves or needles throughout the year.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a "boarding house", "lodging house", or "hotel" as herein defined.
FENCE OR WALL: Any structure used to enclose all or part of a property for the purpose of security, privacy or aesthetics.
FILLING STATION: Any building or premises used principally for the storing, dispensing, sale, or offering for sale at retail of automobile fuels, or oils.
FRONTAGE: Property on one side of a street measured along the line of the street.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than three (3) motor driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial motor vehicle of not more than two (2) tons' capacity.
GARAGE, PUBLIC: A building, or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.
GARAGE, STORAGE: A building or portion thereof designed or used exclusively for housing four (4) or more motor driven vehicles.
GRADE: A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level for the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street.
GROUND COVER: Plants grown for their low spreading capabilities for the protection of soils, to prevent growth of weeds, and for aesthetic purposes.
HOME OCCUPATION: Any occupation or profession carried on by a member of a family residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided, that no commodity is sold upon the premises, except that which is prepared upon the premises; provided, that no person is employed other than a member of the immediate family residing on the premises; provided, that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes.
HOTEL: A building used as an abiding place of more than twenty (20) persons who are lodged with or without meals for compensation.
INSTITUTION: A building occupied by a nonprofit corporation or nonprofit establishment for public use.
INTERIOR COURT: An open space that is more than one-half (1/2) surrounded by a single building.
INTERIOR LANDSCAPE BORDERS: A landscaped buffer located along common side and rear property lines between two (2) similar or different land uses.
IRRIGATION SYSTEM: The combination of elements such as automatic controllers, meters, pressure vacuum breakers, pipes, valves, emitters, bubblers, spray heads, tubing and other materials designed for the purpose of transporting water to landscape areas.
LANDSCAPING: The combination of elements such as trees, shrubs, ground covers, vines and other organic material for the express purpose of creating an attractive and pleasing environment. Plazas, patios, art, decorative courtyards, decorative walkways, decorative lighting and decorative furniture may also be considered landscape elements.
LODGING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twenty (20), persons, in contradistinction to hotels open to transients.
LOT: A parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, and uses customarily incidental to it, including the open spaces required by this title.
LOT, CORNER: A lot adjoining two (2) or more streets at their intersection.
LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot.
LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the county clerk of Luna County, or a lot described by metes and bounds, the description of which has been recorded in the office of the county clerk of Luna County.
MOBILE HOMES AND HOUSE TRAILERS 1 : A dwelling unit, built and assembled, designed for conveyance after fabrication, on streets and highways on its own wheels, or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on jacks or other foundation, or connections to utilities. A prefabricated house or structure shall not be included in this definition.
NONCONFORMING USE: The use of any premises contrary to the use provisions of this title for the district in which the premises is located.
OVERHEAD SPRAY HEADS: An irrigation method that delivers water to the landscape materials in a spray or stream like manner from aboveground spray heads (including pop ups, impulse sprinklers, rotors, micromisters, etc.).
PARKING LOT: A parcel of land devoted to unenclosed parking spaces.
PARKING SPACE: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
PLACE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to adjoining property.
PLANNED UNIT DEVELOPMENT: A land development concept that provides greater design flexibility by allowing deviations from the typical development standards required by the zoning ordinance. A planned unit development may be of a single residential type or a combination of residential types; or it may be a diverse mix of residential, commercial and recreational uses all contained in one development and/or subdivision. A planned unit development views the entire tract of land rather than each individual lot to take advantage of design and other opportunities such as land features or vegetation to create more attractive and creative projects than would otherwise be possible under standard zoning regulations.
ROCK MULCH: A nonsoluble protective covering that includes rock, gravel, decomposed granite, or crushed rock applied to the soil surface to reduce weed growth, reduce evaporation of moisture from the soil surface, maintain even temperature around plant roots, and slow erosion.
RUNOFF: Irrigation water that is not absorbed by the soil to which it is applied and which flows onto other areas. Runoff may result from water that is applied at too great a rate (application exceeds infiltration rates) or where a severe slope exists.
SITE: A parcel of land or several contiguous parcels of land used or occupied, or to be used or occupied, by a building and accessory buildings and the area belonging to such buildings, bounded by a property line or a designated portion of a public street.
SMALL BUSINESS: As defined by the U.S. department of commerce.
SOIL: All unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.
SPECIAL USE: A use of land permitted within a particular use district, that, because of inherent special characteristics, or possible impact on adjacent properties or possible impact on the integrity of the particular zone in which it is located, requires a higher and a stricter level of review.
STORM WATER DETENTION: A system, method or facility used for the on site temporary storage of storm water runoff for subsequent release, at controlled rates, into downstream conveyance systems.
STORM WATER RETENTION: A system, method, or facility for the on site storage of storm water runoff which is not subsequently discharged into a downstream conveyance system; but, rather may be consumed by evapotranspiration, domestic reuse, or drained into the subsurface through infiltration.
STORY: That portion of a building, other than a basement, included between the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: All property dedicated or intended for public or private street purposes or subject to public easements therefor.
STREET LANDSCAPE BORDER: A required landscaped area adjacent to urban principal arterial streets, urban minor arterial streets and urban collector streets as categorized in the city of Deming comprehensive plan, January 2003. This includes any street so classified at present and in the future by city council.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which has a permanent location on the ground or is attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
SWALE: A depression in grade that controls and directs the flow of surface water.
TOURIST OR TRAILER CAMP OR COURT: An area containing one or more structures designed to be used as temporary living facilities of two (2) or more families and intended primarily for automobile transients, or providing space where two (2) or more ten foot (10') trailers can be parked.
TURF: Any grassy area maintained by frequent mowing, fertilization and watering used for lawns and playing fields.
WATER HARVESTING: A system, and/or facilities for the collection of rain and storm water for reuse for landscape irrigation and other purposes. For large scale water harvesting projects, the proponent shall contact the office of the state engineer for New Mexico to ensure that the project will not inappropriately affect rainwater runoff so as to negatively impact a public water supply.
XERISCAPE: A creative method of landscaping that emphasizes water conservation. This is accomplished by following sound landscaping practices such as planning and design, soil improvements, limited turf areas, use of mulches, use of low water demand plants, efficient irrigation, and appropriate and regular maintenance. When combined, these practices can produce an attractive, efficient, sustainable landscaping arrangement for all residential, commercial, industrial, public and institutional developments.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the building shall be used.
YARD, FRONT: A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line or another lot line and the main building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches.
YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot and extending from the front line to the rear yard line. (Ord. 252, 12-7-1955; amd. Ord. 501, 7-2-1973; Ord. 983, 11-9-1998; Ord. 1069, 1-13-2003; Ord. 1080, 11-10-2003; Ord. 1086, 6-14-2004)
Notes
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