(A) For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
(B) Words used in the present tense shall include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word LOT includes the words PLOT, PARCEL, and TRACT; the word BUILDING includes the word STRUCTURE, the word SHALL is mandatory and not directive. Any words not herein defined shall be construed as defined in the statutory and common laws of the State of New Mexico, if not defined therein, then as defined in the International Building Code (ICB) and subsequent versions as adopted in the City of Elephant Butte, New Mexico, and if not defined therein, then defined in accordance with the Webster's Unabridged Dictionary, latest edition.
ACCESSORY BUILDING. A minor building that is located on the same lot as a principal building and is used incidentally to a principal building or houses an accessory use.
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 USE. Accessory uses are incidental or subordinate to the principal use of a parcel of land or are uses commonly associated with the principal use and integrally related to it. Some examples are: private garages on residential properties, storage sheds on residential properties, and barns on agricultural properties.
ADULT ENTERTAINMENT. An establishment that:
(a) Provides amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas;
(b) Features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment;
(c) A book or video store having the substantial or significant portion of its trade in books, magazines, periodicals or other materials that are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or
(d) A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises.
AFFECTED AREA. An area that is or might be detrimentally impacted by a proposed land use.
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.
ANTENNA. A structure designed to radiate and/or receive radio frequency (RF) emissions. An antenna design includes, but is not limited to the following:
(a) Monopole, dipole, discone;
(b) Horizontally and vertically polarized TV and FM, yagi;
(c) Mesh or solid parabolic;
(d) Array, phase array and others protected by a radome; and
(e) Shaped-element.
APARTMENT. 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.
AREA OF NOTICE. For all applications requiring that notice to be given to the surrounding property owners, the area of notice shall be 100 feet from the edge of the parcel or parcels included in the application.
ARTERIAL. Arterials serve a mobility function for moderate volumes of traffic at moderate speeds. Arterials provide connections to collector routes, which serve communities and local areas. Design Standards as outlined in City of Elephant Butte Subdivision Ordinance, Chapter 151 and all amendments shall apply.
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. Definition does not include a hotel, motel or boarding house.
BOARDING HOUSE. A residence consisting of at least 1 dwelling unit with more than 2 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.
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.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
CEMETERY. A burial place or grounds.
CHANNEL. The geographical area within the natural or artificial banks of a watercourse required to carry continuously or intermittently flowing water.
CLEAR-SIGHT TRIANGLE. That area of a property where the driveway or ingress point intersects an abutting street or street corner. Requirements for maintaining clear-sight triangle are outlined in § 155.005
of this chapter are incorporated herein by reference as though fully set forth and are adopted as a portion of this subchapter.
CLINIC. Establishments where patients are not lodged overnight but are admitted for outpatient services.
CLUB. Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational propose.
COLLECTOR STREET. A roadway that serves as a connection between 2 or more minor thoroughfares and a major thoroughfare. Design standards as outlined in the City of Elephant Butte Subdivision Regulations and any amendments shall apply.
COLUMBARIUM. A structure of vaults lined with recesses for cinerary urns.
COMMUNITY COMMERCIAL. A parcel of land used for shopping or services to service several neighborhoods or a larger part of the community. May include some light manufacturing uses, wholesale and storage areas. Development is planned on a 5 acre or larger parcel. Buildings square footage will not exceed 100,000 square feet per development. Permitted uses include retail sales and services, wholesale distributors, business offices and services, personal services, automotive sales, service, including auto body work and painting, mini-storage units, warehouses, entertainment services, schools, churches, and institutions.
CONDOMINIUM. A building or group of buildings containing 3 or more dwelling units with separate entrances but sharing common structural elements including walls and roofs.
CONSTRUCTION. The act of breaking ground and erecting a building or structure as defined elsewhere in this section.
CONSTRUCTION DEBRIS LANDFILL. An area of land used to dispose of non-organic used building materials, concrete, dirt, removed paving material, gravel, must meet all state and federal regulations affecting ground water protection.
DENSITY. The number of families, persons, or housing units per unit of land, usually expressed as per acre.
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.
DRIVEWAY. A paved or unpaved area, lying within or serving only 1 parcel, used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility, generally serving 4-dwelling units or less.
DWELLING UNIT. Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation.
EASEMENT. A property owner's grant of specific purpose, use or uses on that owner's land that does not abridge the right of the fee owner to the use and enjoyment of that land. An EASEMENT may be for use by the general public, a corporation or a certain person or persons.
FAMILY. Persons related by blood, marriage, adoption, or a congregate of 6 or less.
FIRE LANE. Any area appurtenant to a building deemed necessary by the Fire Marshal or his or her designee to remain free and clear of parked vehicles for access to the building in case of fire or other emergency and designated by him or her as such. May include sidewalks, driveways, portions of parking lots or any other area adjacent to or near a building or fire hydrant, as required by the Fire Marshal.
FLOOD. An overflow of water onto lands not normally covered by water. Floods have 2-essential characteristics: the inundation of land is temporary, and the land is adjacent to and inundated by overflow from a watercourse, lake, or other body of water.
FLOOD PLAIN. Any area susceptible to inundation by water from a 100-year storm as designated on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA), effective July 16, 1996, with any subsequent revisions, and any floodplain study accepted by the Sierra County Flood Commission that may be more restrictive.
FLOODWAY. A watercourse channel and that portion of the adjoining flood plain required to provide for the passage of a 100-year flood.
FLOODWAY FRINGE AREA. An area immediately adjacent to the limits of a floodway.
GARAGE. A building or portion thereof, other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor driven vehicles. The term REPAIRING shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE and YARD SALES. The sale of used clothing, household goods and other personal items, generally sold in residential land use areas.
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.
HOME OCCUPATION. An occupation conducted within a residential property that is clearly incidental and secondary to the use of that property, as regulated in the City of Elephant Butte Zoning Ordinance.
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.
HUNDRED-YEAR FLOOD. A flood having an average frequency of occurrence in order of once in 100 years, although the flood may occur in any year.
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.
INFRASTRUCTURE. Construction such as but not limited to streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, water, sewer and gas systems or parts thereof.
JUNK YARD. The use of premises for the open storage of old, wrecked, non-operable, dilapidated, automobiles, trucks, tractors, boats and other such vehicles and parts thereof; scrap building materials, scrap contractor's equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds, or bedding or any other kind of scrap or waste material.
LABORATORY. A building or group of buildings that are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for manufacture of products for sale.
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.
LAND USE. Any activity that is subject to the Regulation of the City of Elephant Butte that is conducted on, below and/or in the space above the surface of the earth to a height of 500 feet within the boundaries of the City of Elephant Butte. All of the Zoning Ordinance is incorporated here by reference as though fully set forth and are adopted as a portion of this subchapter.
LEGAL DESCRIPTION. A metes and bounds or a Subdivision-Unit-Block-Lot description of a parcel of land filed in accordance with the requirements of the State of New Mexico and Sierra County.
LOT. A unit of land created consistent with subdivision laws of the State of New Mexico generally identified by having a single property identification number in the records of the County Assessor of Sierra County.
LOT WIDTH. The distance between side lot lines measured across the rear of the required front yard, parallel to the street or access easement.
MINIMUM BUILDING ELEVATION. The elevation to which uses regulated by this subchapter are required to be elevated that could be reached by the 100-year flood if it occurred under conditions existing at the time this subchapter was passed, plus 1 foot to allow for encroachments permitted by the establishment of a floodway.
MOBILE HOME. As defined by the Manufactured Housing and Zoning Act, NMSA. §§ 3-21A-1 et seq. (1995), or any future enactment that revises or substantially replaces the Act.
MOBILE HOME PARK/SUBDIVISION. A parcel of land on which 5 or more mobile homes are located, either free of charge or for revenue purposes.
MOTEL. A building in which lodging, or boarding and lodging are provided and offered to the public for compensation.
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.
MULTIPLE-FAMILY DWELLING UNIT. A building designed for 2 or more families.
NEIGHBORHOOD COMMERCIAL. Includes retail sales and services, personal services and business and office services intended to serve a neighborhood of up to a 1-mile radius. The scale of development and traffic generated is accommodated by access to a collector street. Uses should be buffered from adjacent residential uses. Maximum size of buildings classified as neighborhood commercial is 5,000-square feet.
NIGHT CLUB. A place of entertainment where alcohol may be served.
NURSING HOME. A home for the aged or infirm in which 3 or more persons are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OWNER. Any person, association, partnership, or corporation that has dominion over, ultimate control of or title to real property.
PARCEL. See definition of LOT.
PARKING SPACE, OFF-STREET. An area not in a street or alley and having an area of not less than 180-square feet, exclusive of driveways, permanently reserved for the temporary storage of 1 vehicle and connected with a street or alley by a driveway that affords ingress and egress for a vehicle. Section 155.033 is incorporated herein by reference as though fully set forth and is adopted as a portion of this subchapter.
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. Any individual, estate, trust receiver, cooperative, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
PERSONAL SERVICES. Uses such as beauty shops, barbershops, dry cleaners, mailing services, self-service laundromats and similar uses that provide service to the public individually.
PLANNED UNIT DEVELOPMENT. Overlay zones that may be created using the Planned Development process.
PLANNED UNIT DEVELOPMENT ZONING DISTRICT. A zoning category used for Residential, Commercial or Combination Districts such as R-1-A, single-family residential uses. A zoning district must have specific boundaries.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission appointed by the City of Elephant Butte Council.
PRIMARY DWELLING UNIT. A single-family dwelling unit, which dwelling unit is the first constructed on a given lot or the larger of 2-dwelling units on a given lot.
PRIMARY USE. A land use, which occupies the greater portion of a lot or parcel, or is the more intense use of 2 uses on a lot or parcel.
PRINCIPAL BUILDING. The primary building on a lot, or a building that houses a primary use.
PRIVATE PROPERTY. Property that is privately owned, but where numbers of persons work, live or congregate from time to time for any purpose, where the parking of motor vehicles or presence of other obstructions can interfere with the ingress and egress of emergency vehicles (police, fire, ambulance), for the protection of persons and property thereon, and shall include, but not be limited to, shopping centers, bowling lanes, theaters, hospitals, clinics, churches, factories, schools, lodging houses, convalescent homes, hotels, and public halls.
PROCESS. A series of acts of changes proceeding 1 to the next; a method of manufacturing or conditioning; or to submit something to a treatment or preparation.
PUBLIC PROPERTY. Property owned by any political subdivision not specifically exempted by state or federal law.
QUASI-JUDICIAL CASES. All variances, planned unit development permits and appeals.
RECREATIONAL VEHICLE. A vehicle on wheels with sleeping, cooking, and washing or sanitary facilities designed to be used as a temporary dwelling unit; and defined as a RECREATIONAL VEHICLE by the New Mexico Motor Vehicle Code.
RECREATIONAL VEHICLE PARK (RV 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.
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.
SATELLITE PARKING. Off-street parking used as a car-pooling site or parking lot adjacent to commercial sites where the subject site does not provide adequate parking spaces.
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 shortest distance between the property/lot line and the foundation, wall, or main frame of a building or structure or any projection thereof. Where a site abuts an easement for access or a private access road is located within the boundary lines of the site, the SETBACK shall be measured from the easement or from the private road.
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.
SINGLE-FAMILY DWELLING UNIT. Any dwelling unit designed for the use of 1 family that has a private, ground level entrance and a private outdoor space for the use of the residents of the dwelling units.
STRUCTURAL CHANGE. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders.
STRUCTURE. All construction, including residences, commercial buildings, free standing walls, antennas, signs, towers, bridges, culverts, or similar uses that shall require a Zoning permit issued by City of Elephant Butte.
SUBDIVISION. Chapter 151 and all amendments are incorporated herein by reference as though fully set forth and are adopted as a portion of this subchapter.
TOWER. Any structure whose principal function is to support an antenna.
TRACT. See definition of LOT.
VARIANCE. A grant of permission by the Planning and Zoning Commission or the City of Elephant Butte Council that authorizes the recipient to do that which, according to the letter of this subchapter, he or she could not otherwise legally do.
VETERINARY CLINIC. A location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment.
WATERCOURSE. Any stream, arroyo, or drainway having a channel that gives direction to a flow of water.
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.
(Ord. 88, passed 2-3-2006; Am. Ord. 183, passed 8-18-2021)