(A) The words SHALL and MUST are mandatory, the word MAY is permissive. The word PERSON includes a firm, association, organization, partnership, trust, or corporation as well as individual.
(B) For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACCESSORY BUILDING or STRUCTURE. A subordinate, non-dwelling building or structure, the use of which is incidental to and customarily found in connection with the principal building or use, and located on the same lot with the principal building or use. This would include, but is not limited to, garage or carport. A storage container may be considered as an accessory building or structure in commercial districts and may be considered as a temporary/portable accessory building, structure or container in the residential districts. The accessory building or structure must meet all set back requirements.
ACCESSORY DWELLING. A subordinate structure used, or capable of being used, as living quarters that is incidental to, but located on the same lot or parcel as the primary structure; the gross floor area shall be no larger than 50% of the gross floor area of the primary dwelling unit.
ACCESSORY DWELLING UNIT. A subordinate dwelling, the use of which is incidental to the principal dwelling or commercial structure or use, and located on the same lot with the principal dwelling or commercial structure or use. An ACCESSORY DWELLING UNIT shall not exceed 1/4 of the livable area of the main dwelling, commercial structure or use.
ACRE. 43,560 square feet of land.
AFFECTED OWNER. Owners within 100 feet from the edge of the parcel or parcels included in Residential or Commercial/Industrial zoning application which requires notice be given. Any application filed for a television and radio towers and all other free standing towers will require all owners within 300 feet from the edge of the parcel or parcels included.
AGRICULTURE. Any use of land for the growing and harvesting of crops for sale for profit, or uses that are directly ancillary to the growing and harvesting of crops, which is the exclusive or primary use of the lot, plot, parcel, or tract of land; including processing crops to the generally recognizable minimum level of marketability; or the open range grazing of livestock; or irrigated pasture for grazing livestock.
AGRICULTURAL PACKING and WAREHOUSING. A facility used for the storing, sorting, cleaning, sacking, or shipment of agricultural products. This does not include processing functions. Sorting and cleaning means handling to the generally recognizable minimum level of marketability.
AGRICULTURAL PROCESSING PLANT. A facility used for the cooking, freezing, dehydrating, refining, bottling, canning, or other treatment of agricultural products that changes the naturally grown product for consumer use. It may include warehousing and packaging as secondary uses.
AIRPORTS, HELIPORTS, and LANDING FIELDS. Any area of land that is used or intended for the use of landing and taking off of aircraft; and appurtenant areas that are used or intended for use by airport buildings or other airport facilities or right-of-way, together with all airport buildings and facilities located thereon.
ALLEY. A public thoroughfare, which affords only a secondary means of access to abutting property. An ALLEY is not to be used for through traffic or as primary access to property.
AMENDMENT. A change in the wording, context or substance of this code; an addition or deletion, or a change in the zoning district boundaries or classifications upon the official zoning map, which imposes any regulation not heretofore imposed, or removes or modifies any such regulation imposed.
APARTMENT. A building or portion thereof that provides living facilities, sleeping facilities, sanitary facilities, and a kitchen designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces.
ARTERIAL STREET. A major transportation route into which local routes flow and are primarily used for faster and heavier traffic.
ATTACHED. Any structure or building having a common wall with another structure or building.
AUTO WRECKING YARD. The place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation: any land, building or structure used for the dismantling or storing of the motor vehicles or the parts thereof.
BED AND BREAKFAST. A residence built expressly for, or converted to, renting rooms to paying guests and providing breakfast to paying guests on a short term (daily, weekly basis). The residential appearance of the structure is maintained. Does not include a hotel, motel or boarding house.
BOARDING HOUSE. A residence consisting of at least one dwelling unit with more than two rooms that are rented or intended to be rented to longer term residents on a monthly basis, as distinct from transient residents staying overnight or on a weekly basis.
BLM. Bureau of Land Management.
BOR. Bureau of Reclamation.
BUILDING. Any structure built for use or occupancy by persons or property, including animals.
BUFFER. An area of land including landscaping, berms, walls, fences and building setbacks that is located between land uses and intended to mitigate negative impacts upon adjoining property.
CEMETERY. A burial place or grounds.
CHURCH. A building or group of buildings used as a place of common worship or gathering by or for any religious, nonprofit organization. Any commercial use associated with a church, including a religious school, or the sale of merchandise shall be subject to the requirements of the zoning ordinance pertaining to that use, and shall not be considered as a church use for the purpose of this subchapter.
CLEAR-SIGHT TRIANGLE. (See Appendix A) An area of unobstructed vision at street intersections, exits, or entrances over 3 feet above the finished grade of the street at the street corner which
is bounded by the front and side street lines of a corner lot and a line connecting points 30-feet distance from the intersection of the property line of the lot.
(1) The curb line of an intersection and a line connecting points 40-feet distance from the corner of the intersection.
(2) In all areas requiring entrance/exits and not at 2 street intersections, for multiple parking areas (parking lots) a clear-sight triangle shall be formed by a line 20 feet on the front property line and a line 10 feet perpendicular to the front street property line on either side of the entrance/exit and a line connecting these points.
(3) Any other area of street or road intersections which, in the sole discretion of the City of Elephant Butte, must be kept clear of visual obstructions for safety purposes.
CODE ENFORCEMENT OFFICER. The person designated by the Mayor to investigate compliance with city ordinances and to cite violators.
COLLECTOR STREET. Streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within a development.
CONDITIONAL/SPECIAL USE. A use that is considered compatible to a permitted use and is described as conditional in a specific district. For example, but not limited to, childcare, adult day care, public utility structures excluding telecom (wireless) towers.
DEDICATED EASEMENT. A public easement that is dedicated for public use and is recorded as such in the office of the County Clerk. (See definition of EASEMENT.)
DETACHED. A unit, building or structure that is apart or separate from another.
DEVELOPED LOT. A lot with at least 1 existing dwelling unit or commercial structure, or other structure.
DEVELOPMENT. A land use or construction project involving substantial property improvement and, usually, a change of land use character within the site; the act of using land for building or other purposes.
DEVELOPMENT RIGHTS. The right of the owner of a parcel of land, under land development regulations, to place that parcel and the structures thereon to a particular use or to develop that land and the structures thereon to a particular area, density, bulk or height.
DISTRICT. Any zone of the City of Elephant Butte within which certain zoning and land use requirements are specified and are uniform, and which are designated on the Official Zoning District Map.
DWELLING (SINGLE-FAMILY). A building that provides living facilities, sleeping facilities, sanitary facilities and a kitchen designed for occupancy by 1 family.
DWELLING (2-FAMILY). A building or buildings that provides living facilities, sleeping facilities, sanitary facilities and a kitchen to be occupied by 2 families living independently, the structure having only 2 dwelling units for 2 families occupying separate, attached or detached living units.
DWELLING (MULTIPLE-FAMILY). A building or portion thereof that provides living facilities, sleeping facilities, sanitary facilities and a kitchen designed for occupancy by 3 or more families living independently in which they may or may not share common entrances and/or other spaces.
DWELLING UNIT. A building, or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this subchapter or any applicable building code or fire code, for not more than 1 family, or a congregate residence for 6 or less unrelated persons.
EASEMENT. That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of that property. The EASEMENT may be for use under, on or above the lot or lots. An EASEMENT may be either public or private and may not be recorded with the Sierra County Clerk in every instance.
EASEMENTS may arise through both dedication, agreement between private landowners, or prescriptive rights, all as more fully defined by New Mexico Law.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all are related by blood, marriage or legal adoption, no such family shall contain over 6-unrelated persons. This provision shall not apply to dwellings for persons who are disabled as that term is used in the Americans With Disabilities Act. The size and number of occupants of each such home will be reasonably
determined by the city after consideration of appropriate factors, including, but not limited to the items as lot size and accessibility.
FLEA, OPEN AIR or FARMERS' MARKET. An open air market in which spaces are rented or leased for the purpose of selling secondhand articles, home crafts and agriculture products, excluding livestock.
FOUNDATION PERIMETER WALL. As used in this subchapter, a continuous wall between the foundation of a building and the building itself or the wall upon which the building is built, such that in no case will there be a gap visible between the bottom of a dwelling and its foundation or the ground.
FOWL and GAME BIRDS. Chickens, turkeys, geese, ducks, guineas, quail, pheasant, doves, pigeons, ostriches, peacocks and emus.
GARBAGE. Any animal or vegetable waste that is liable to decompose or rot resulting from the handling, preparation, cooking or consumption of foods, offal, scum, dregs, sediment, sweepings, trash, debris, remains, and dross.
GARBAGE DISPOSAL. The disposing and covering or incineration of garbage at a sanitary land fill site.
GRANDFATHERING. The legal acceptance of a nonconforming use, structure or lot which use, structure or lot was legal under the applicable zoning in effect prior to adoption of this subchapter. This definition excludes any use or structure that was illegal, or a public endangerment under any applicable law, ordinance or regulation prior to the enactment of this subchapter.
GUEST DWELLING. An attached or detached dwelling unit found on a lot with other separate single-family units.
HEIGHT. The vertical distance measured from the lowest ground elevation to the highest point on a structure. When applied to buildings, height
means the vertical distance from the grade at the base of the building to the highest point of the roofline, excluding antennas, flag poles or lightning rods.
HOME OCCUPATION, DE MINIMIS. A business or commercial activity which is conducted within a dwelling unit or an accessory structure within a residential zone district, and which is clearly secondary to the residential use of the premises. A classification of home occupation activity that produces no visible or invisible effect at the property, such as providing an Internet service, and which can by approved by the Code Enforcement Officer following administrative review by the Planning and Zoning Commission.
HOME USE AREA. The area in square feet within the building or house including all exterior walls. Interior patios, courts or garages shall not be included.
HOTEL. A building in which lodging, or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.
HOUSE. A manufactured, modular or site-built building used as a single-family dwelling.
IMPERMEABLE SURFACE. Any surface that does not permit the passage through or absorption of water.
INDUSTRIAL, HEAVY. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses, and manufacturing or other enterprises with produce external effects (such as smoke, noise, soot, dirt, vibration, odor, and the like), or which pose significant risks due to the use or storage of explosives or radioactive materials, or of poisons, pesticides, herbicides, or other hazardous materials in reportable quantities under the standards of the Environmental Protection Agency.
INDUSTRIAL, LIGHT. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials, including a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, fish tanks and supplies, food paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, or any other product of a similar nature. LIGHT INDUSTRY is capable of operation in such a manner as to produce minimal if any external effects from the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, and the like.
KENNEL (COMMERCIAL). Any premises on which five or more dogs or five or more cats or any combination of eight or more dogs and cats four months of age or older are kept and/or where the business of buying, selling, breeding, training, or boarding of dogs and/or cats is conducted. This definition does not apply to veterinary hospitals, humane societies, animal shelters, or pounds approved by a governmental agency.
LANDSCAPING. An area that has been improved through the harmonious combination and introduction of trees, shrubs and ground cover. These areas may also contain natural topping materials such as, boulders, rock, stone, granite or other approved material. The area shall be void of any asphalt or concrete pavement except where walks are allowed.
LOT. A portion of a legally platted subdivision that is shown as a lot, tract or parcel of land and held in separate ownership, as shown on the record of the County Assessor of Sierra County. A legal LOT is a parcel that has been divided in accordance with present or past zoning and subdivision requirements.
LOT, CORNER. A lot abutting upon 2 or more public or private streets at their intersection.
LOT DEPTH. The mean horizontal distance between the front and rear lot line.
LOT, DOUBLE FRONTAGE. An interior lot fronting on 2 public or private streets. Either frontage may be construed as front yards.
LOT FRONTAGE. Legal public or private street address determines the front of the lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT OF RECORD. A legal lot, tract, or parcel, the map or deed of which has been recorded in the office of the County Clerk of Sierra County.
LOT SPLITS. The subdivision or division of a lot, or land into separate lots.
LOT, TRIPLE FRONTAGE. A lot fronting on 3 public or private streets.
LOT WIDTH. The distance between side lot lines measured across the rear of the required front yard setback, parallel to the public or private street or street corner.
MAIN BUILDING(S). The primary building or buildings on a lot used for any purpose.
MEGACHURCH. A large, specialized type of house of worship that includes the non-traditional accessory uses as retail sales, residential uses, amusement parks, and sports and entertainment facilities, as an integrated part of the development.
MOBILE HOME. A movable or portable housing structure larger than 40 feet in body length, 8 feet in width or 11 feet in overall height, designed for and occupied by no more than 1 family for living and sleeping purposes but does not include structures built to the standards of any municipal code or other technical codes.
MOBILE RETAIL VENDOR. Any person who engages in the sale of retail goods or services from any location other than a building that meets the requirements of the New Mexico Uniform Building Code, the International Building Code, or the New Mexico Manufactured Housing Act as applicable to commercial buildings.
MONUMENT. A structure built for commemorative or symbolic reasons rather than for any overtly functional use.
MULTI-SECTION MANUFACTURED HOME. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 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 Uniform Building Code, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations.
NON-CONFORMING BUILDING. A building, structure or portion thereof lawfully existing at the time this code became effective which does not meet 1 or more of the current zone requirements of the zone in which it is located. See also GRANDFATHERING.
NON-CONFORMING USE. The use of land or a building, or a portion thereof, which does not conform with the current land use regulations of the zoning district in which it is located. See also GRANDFATHERING .
OPEN SPACE. That area of a lot, tract, or parcel not devoted to any building or structure.
PAVEMENT STRUCTURE. The combination of sub-base, base course, and/or surface course placed on a sub-grade to support the traffic load and distribute it to the roadbed.
PERSON IN POSSESSION. Person in possession of real estate is the person, persons, company, or corporation having the physical responsibility via oral or written contract to perform any activity on the real estate including a private contractor.
PREFABRICATED HOUSING UNIT. A structure of which the standardized integral parts (walls, roof, windows, and the like) are factory-fabricated so that construction consists mainly of assembling and uniting the standardized integral parts at the building site, designed and constructed in accordance with all applicable building codes and intended to be placed on a permanent foundation, meeting all local zoning codes.
PRIMARY PERMITTED USE. A permissive use for which a permit will be issued as a matter of right of the landowner.
PRIMARY USE. A land use, which occupies the greater portion of a lot or parcel, or is the more intense use of two uses on a lot or parcel.
PROPERTY LINE. The official boundary of a parcel, lot or tract of land as designated by either a metes or bounds description or subdivision plat filed in the records and maps of the County Clerk.
RECREATIONAL VEHICLE.
(a) Travel trailers, camping trailers, fifth-wheel trailers, and all other vehicles that are constructed to include a chassis, integral wheels and a towing hitch, and are primarily designed or constructed to provide temporary, readily moveable living quarters for recreation, camping or travel uses.
(b) Pickup campers, either mounted or non mounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping or travel uses.
(c) Chassis mount, motor home, mini-motor homes or other recreational structures or vehicles constructed integrally with a truck or motor van chassis and incapable of being separated there from, and designed to be used for moveable living quarters for recreational, camping or travel uses.
(d) Recreational vans or converted and chopped vans or other vehicles which are either initially constructed or converted to contain living quarters for recreational, camping or travel uses.
RECREATIONAL VEHICLE PARK (RV PARK) or (CAMPER PARK). A parcel of land where travel trailers or other nonpermanent type of shelters are erected or maintained for temporary recreational camping activities. Permitted related building and facilities may include an office, delicatessen and/ or grocery store, laundry facilities, showers, bathrooms, and playgrounds to be operated during operating hours of the park for the patrons of the park. Individual sites shall be no less than 600-square feet in area, not including any required roadways or walkways.
RED LOTS. A lot or lots designated by the City Council as drainage and erosion zones when they have been determined that drainage and erosion conditions are present or there exists potential impacts to the property itself, adjacent or downstream properties based upon criteria established within Chapters 154 and 155. Such lots shall be identified on an official city list/map and be referred to as RED LOTS.
RETAIL. The sale of consumer goods directly to the user of the product; may include storage of goods sold in sufficient quantities to meet daily needs. May also include sale in large size packages used as pricing incentives.
SANITARY LANDFILLS. Locations where trash, garbage, organic materials are buried and maintained in accordance with local, state, and federal regulations.
SERVICE STATION. Any land, building, structure, or premises used for the sale of fuel for motor vehicles or installing or repairing parts and accessories, but not including replacing of motors, bodies, or painting of motor vehicles and excluding public parking garages.
SETBACK. The minimum allowable distance between every building or structure and the nearest lot line of the lot upon which it is located, consisting of open spaces, unoccupied and unobstructed by any part of a building or structure.
(a) Side fences (fence walls), fences and public utility poles are exempt from setback restrictions.
(b) Minimum allowable distance is measured from the furthermost projection of the foundation, wall or mainframe of a building or structure to the nearest property line. Roof overhang is not considered as a furthermost projection. Roof overhang shall be no closer than 30 inches from the nearest property line.
SHOPPING CENTER. A group of commercial business establishments operated as a unit with off-street parking provided on the property, and related in locations, size and types of shops to the trade area that the unit serves.
SIGN. Any medium, including its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising or informational purposes.
SOLID WALL OR FENCE. A wall or fence of any material that does not allow any light or view of the contents of the materials or items it surrounds. Chain link fence with woven strips does not meet the definition of SOLID.
STORAGE CONTAINER. A container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units or other portable structures that are used for storage of items.
STREET. Any thoroughfare or public way, not less than 16 feet in width, which has been dedicated or deeded to the public for public use.
STRUCTURAL CHANGE. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders.
STRUCTURE. Anything constructed or erected above, below or at ground level or attached to something having a fixed location on the ground. STRUCTURES include, but are not limited to, buildings, mobile homes, walls, decks, fences, swimming pools billboards, and poster panels, but excluding sidewalks, driveways, and uncovered ground level patios.
TEMPORARY/PORTABLE ACCESSORY BUILDING, STRUCTURE OR CONTAINER. A building or structure which is not attached permanently to a foundation, or trailers, storage containers, waste-collection roll- off trailers and similar trailers or portable structures, the use of which is incidental to construction on the property and which may only be approved together with the zoning permit. The approval shall not exceed six months from the date of approval of the zoning permit, provided, that for good cause shown based on continuing construction activities on the property, the permit may be extended for an additional six month period.
TRAILER (HOUSE TYPE). Any moveable or portable housing structure which does not conform to the definition of a RECREATIONAL VEHICLE or to the minimum size requirements for a manufactured or mobile home.
UNDEVELOPED. A lot with no existing dwelling units or commercial structures.
VARIANCE. A grant of permission by the Planning and Zoning Commission that authorizes the recipient to do that which, according to the strict letter of this code, could not otherwise legally be done.
VEHICLE. A mechanical device for transporting people or property on a road or highway, with the exception of devices moved by human or animal power. VEHICLE also includes any conveyance used to transport on water, in air persons or property with mechanical or human power.
VEHICLE, MOTOR. Any wheeled vehicle which is self-propelled or intended to be self-propelled.
(a) INOPERATIVE or INOPERABLE MOTOR VEHICLE means any motor vehicle which by reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power.
(b) DISMANTLED or PARTIALLY DISMANTLED VEHICLE means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.
VETERINARY CLINIC. A location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment.
WHOLESALE. The sale of goods to a person or company who may sell products to the ultimate consumer. Includes sale of products in bulk for further repackaging.
YARD. The space on a lot unobstructed by buildings or structures from the ground to the sky, including sidewalks, driveways, patios and other ground level surfaces.
YARD, FRONT. The yard between the front property line and a building or structure. Lots having 2 or more street frontages shall have the primary frontage defined by which street the property is addressed on. The rear yard of the property shall be defined as the side opposite the front property line.
YARD, REAR. The yard between a rear property line and building or structure.
YARD, SIDE. The yard between a side property line and a building or structure.
ZERO LOT LINE. The construction of a building upon 1 side property line, leaving a 0 setback or distance from the property line to the structure or building.
(Ord. 87, passed 11-2-2005; Am. Ord. 94, passed 8-3-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 152, passed 6-3-2015; Am. Ord. 154, passed 6-17-2015; Am. Ord. 157, passed 8-5-2015; Am. Ord. 180, passed 12-4-2019; Am. Ord. 174, passed 1-22-2020; Am. Ord. 194, passed 12-16-2020; Am. Ord. 183, passed 8-18-2021)