(A) Interpretation of certain words and terms.
(1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural, and words used in the plural number include the singular.
(3) The word “person” includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
(5) The word “building” includes the word “structure.”
(6) The word “shall” is always mandatory and not directory.
(7) The words “used” or “occupied” as applied to any land or building shall be construed to include the words “intended,” “arranged,” or “designed to be used or occupied.”
(8) The word “Map,” “Zoning Map,” or “Raton Zoning Map” shall mean the “Official Zoning Map of Raton, New Mexico.”
(1981 Code, App. A) (Ord. 624, Art. V, § 1, passed 2-25-1975)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A dedicated public way which affords a secondary means of access to abutting property.
APARTMENT. Structures containing 2 or more dwelling units each, including dwelling units which do not have a separate entrance leading directly to the outdoors at ground level.
(Am. Ord. 878, passed 1-27-1998)
AUTOMOBILE DISMANTLING YARD. A premises on which is conducted to the dismantling of automobiles; there may be the selling of automobile parts and the storage of inoperative automobiles awaiting dismantling or removal.
(Am. Ord. 878, passed 1-27-1998)
BED AND BREAKFAST ESTABLISHMENT. This use is considered commercial and permitted only upon the approval through the special exception process. A house with a permanent resident and a subordinate use of up to 8 guest rooms which may be rented for short-term overnight lodging with breakfast served to overnight guests only; some or all guest rooms may be in accessory living quarters.
(Am. Ord. 875, passed 10-28-1997; Am. Ord. 899, passed 2-22-2000)
BILLBOARD. A structure of any kind erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, or other advertising of any kind whatsoever may be placed, including statuary, for advertising purposes.
BLOCK. A single unit of land having an area of 90,000 square feet.
BOARD OF ADJUSTMENT. A semi-judicial body that is given the power to rule on variances and special exceptions under this chapter.
BOARDING or LODGING HOUSE. A dwelling unit containing at least 1 but not more than 5 guest rooms where lodging is provided, with or without meals, for compensation; it does not include community residential program or emergency shelter.
(Am. Ord. 878, passed 1-27-1998)
BUILDABLE AREA. The portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum lot coverage by all buildings in the Schedule of District Regulations (see definition of Lot Coverage).
BUILDING. Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure for persons, animals, or property of any kind.
BUILDING, ACCESSORY.
(a) A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith; to include portable buildings, metal buildings, carports, sheds, and detached garages.
(b) The following restrictions for square footage and height apply only to Residential (R-1, R-4, R-5 and RM-1) and Mobile Home Subdivisions (MHS):
1. Maximum square footage - 1,600 square feet; and
2. Maximum height - 16 feet high.
(Am. Ord. 872, passed 8-12-1997; Am. Ord. 953, passed 10-14-2008)
BUILDING, FRONTAGE. For the purpose of computation of number and area of signs permitted on buildings, in cases where lineal feet of building is a determinant, the frontage of a building shall be computed as the horizontal distance across the front as nearly at ground level as computation of horizontal distance permits. In cases where this test is indeterminate or cannot be applied, as for instance where there is a diagonal corner entrance or where 2 or more sides of a building have entrances of equal importance and carry approximately equal amount of pedestrian traffic, the administrative official shall select the building frontage on the basis of the interior layout of the building, traffic on adjacent streets, or other indicators available.
BUILDING, HEIGHT OF. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest to the highest point of the building.
BUILDING LINE. See definition of “setback line.”
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated.
CERTIFICATE OF OCCUPANCY. A statement signed by the City Manager or Building Inspector setting forth that the building, structure, or use complies with this chapter and that the same may be used for the purpose stated herein.
CITY MANAGER or BUILDING INSPECTOR. The authorized representative whom the Mayor and City Commission has designated as its agent for the administration of this chapter.
COMMISSION. The City Commission of Raton, New Mexico.
CONDOMINIUM. An individually owned unit in a multi-family dwelling, the common areas of which are held as a tenancy in common by all tenants (NMSA §§ 47-7-1 through 47-7-28).
(Am. Ord. 878, passed 1-27-1998)
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on 2 or more sides by the walls of the building or buildings.
COVENANT. A legal agreement between persons or parties restricting the use of land.
DWELLING. Any building designated or used as the living quarters for 1 or more families, but not including hotel, motel, boarding or lodging house, or mobile home.
DWELLING, MULTIPLE-FAMILY. A residence designed for or occupied by 3 or more families, with separate housekeeping and cooking facilities.
DWELLING, SINGLE-FAMILY. A detached residence designed for or occupied by 1 family only.
DWELLING, TWO-FAMILY. A residence designed for or occupied by 2 families only, with separate housekeeping and cooking facilities for each.
GROSS FLOOR AREA. The total horizontal area of all floors of a building, including interior balconies and mezzanines.
HOME OCCUPATION. Any commercial use conducted entirely within any structure on any residential lot zoned for residential; only purposes where the use is clearly incidental and secondary to the primary use of the lot(s) for dwelling purpose and does not change the character thereof. Permissible HOME OCCUPATION designation shall be allowed if all the following requirements are met.
(a) The area of the residence or separate structure designated for commercial use as
HOME OCCUPATION shall not exceed 25% of the ground floor area of the primary residential dwelling structure located on subject lot.
(b) No persons other than residents of the dwelling may be employed for the
HOME OCCUPATION.
(c) The proposed commercial use shall not change the character of the lot nor the surrounding neighborhood. Questionable uses shall be reviewed by the Planning and Zoning Board and any other entity deemed necessary by the board prior to approval, at the time, the use shall be considered as a conditional use.
(d) No signs may be displayed anywhere on the lot advertising the commercial use. Businesses requiring signs are required to be located on property in commercial zoned areas.
(e) A New Mexico tax number and City of Raton Business License must be obtained for the commercial use after approval by the Zoning Officer.
(f) If retail sales are to occur, at least 2 off-street parking spaces shall be available on the lot where the occupation is proposed. See off-street parking requirements.
(g) No exterior display of stock, goods, and for materials.
(h) No equipment or process shall be used which creates noise, vibration, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling if conducted in other than a single-family residence. In case of electrical interference, no equipment or process shall be used which creates visible or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(i) Those
HOME OCCUPATIONS issued city business licenses prior to the enactment of this chapter shall be subject only to provisions (a), (c) and (e) of this definition.
(Am. Ord. 870, passed 5-13-1997)
HOTEL or MOTEL. A building containing 6 or more guest rooms in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with accessory commercial uses and operated primarily for the convenience of the guests.
JUNK YARD. Any land or area used, in whole or in part for commercial storage and/or sale of waste paper, rags, scrap, metal, or other junk, and including storage of motor vehicles and dismantling of the vehicles and machinery.
LANDSCAPING. The planting and maintenance of live plants including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of the Raton area. In addition, the landscape design may include some natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches, and other types of street furniture.
(Am. Ord. 878, passed 1-27-1998)
LANDSCAPING PLAN. An accurate plan to be submitted for new developments, and commercial zoning permits.
(Am. Ord. 878, passed 1-27-1998)
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of access.
LOT. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with the yards, open spaces, lot width, and lot area as are required by this chapter, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.
LOT, CORNER. A lot located at the intersection of and having frontage on 2 or more streets.
LOT COVERAGE. The percentage of lot area which may be covered by main and accessory buildings, the percentage to be measured within the total lot area. (See definition of “buildable area.”)
(Am. Ord. 855, passed 6-25-1996)
LOT DEPTHS. The mean horizontal distance between front and rear lot lines.
LOT FRONTAGE. The property line bordering on the street, and in the case of a corner lot, may be either frontage identified by the Building Inspector, on the basis of existing or proposed conditions.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk of Colfax County, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Clerk of Colfax County.
LOT WIDTH. The mean horizontal distance between side lot lines measured at the building site.
MANUFACTURED HOUSING. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet, 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 (42 U.S.C. §§ 5401 et seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code, as amended to the date of the unit’s construction, and installed consistent with the regulations made pursuant thereto relating to ground level installation and ground anchors.
(Am. Ord. 859, passed 8-13-1996)
MOBILE HOME, DOUBLE WIDE.
MOBILE HOME, SINGLE WIDE. 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 occupied by no more than 1 family for living and sleeping purposes, but does not include structures built to the standards of any municipal building code and other technical codes.
(Am. Ord. 859, passed 8-13-1996; Am. Ord. 953, passed 10-14-2008)
MOBILE HOME PARK. Any plot of ground, under single ownership, upon which 2 or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for the accommodation.
MOBILE HOME SUBDIVISION. A subdivision designated and developed for long-term residential use and intended for sale where the residences are comprised primarily of mobile homes.
NONCONFORMING USE. A legal use of a building and/or of land that antedates the adoption of these regulations and does not conform to the regulations for the zone in which it is located.
PARKING LOT. An open area providing 4 or more off-street parking spaces, complying with the following:
(a) The lot must be graded and surfaced with at least 6 inches of gravel or 1 and ½ inches of blacktop or concrete according to the established municipal standards, and must be equipped with bumpers or curbing designed to prevent a parked vehicle from extending beyond the property line;
(b) The lot must be designed to encourage traffic to use the closest arterial designated on the approved Comprehensive Plan; and
(c) Lighting must be arranged so as not to shine off the lot.
PARKING SPACE, OFF-STREET. An area not in a street or alley, and having an area of not less than 200 square feet exclusive of driveways, permanently reserved for the intermittent storage of one automobile and connected with a street or alley by a driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
PERMIT, BUILDING. An official document or certificate issued by the Building Inspector, authorizing performance of a specified activity.
PERMIT ZONING. A certification by the Zoning Enforcement Officer that a proposal to use or occupy a tract of land or a building or to erect, install, or alter a structure, building, or sign fully meets the requirements of this chapter.
SETBACK LINE. A line parallel to the front, side, or rear property line setting the limits as to where a structure shall be built.
SHOPPING CENTER. A commercial complex of structures consisting of 2 or more retail enterprises planned for development as a unit to accommodate local shopping needs, and providing off- street parking.
SPECIAL EXCEPTION. A use permitted in a zone district only after specific findings by the Board of Adjustment or City Commission.
STORAGE YARD.
(a) A site used for the outside storage of used vehicles, used equipment, or used materials when daily use, rent, or sales of the goods does not take place on a regular basis.
(b) Daily retail sales of goods must be representative of items placed on property. Storage of items unrelated to those routinely sold shall be considered as a storage yard requiring a visual buffer.
(Am. Ord. 878, passed 1-27-1998)
STREET. A public thoroughfare which affords principal means of access to abutting property.
STRUCTURE. Anything erected which requires support from or attachment to the ground.
(Am. Ord. 878, passed 1-27-1998)
TOWNHOUSE or TOWN HOUSE. One of a group of 2 to 8 attached dwelling units divided from each other by common walls, each having a separate entrance leading directly to the outdoors at ground level, and each having at least ¼ of its heated and unheated floor area approximately at grade. A TOWNHOUSE building is 1 type of an apartment.
(Am. Ord. 878, passed 1-27-1998)
TRAVEL TRAILER. Any vehicle or structure 8 feet in width by 40 feet or less in length, designed to be transported for human occupancy as a dwelling unit for short periods of time and containing limited or no kitchen or bathroom facilities. Use of the units are allowed only in recreational vehicle parks and mobile home parks, except when used as temporary living quarters while a permanent residence is being constructed. TRAVEL TRAILERS may be stored on off-street property for extended periods of time, while use for guests is not prohibited on an intermittent basis, the use as living quarters for continued periods of time beyond 30 days, in any 1-year time period, shall not be permitted. Any TRAVEL TRAILER converted solely for the use as a vending unit on a temporary basis shall be permitted upon approval of the City Manager for times set by the City Manager in writing.
(Am. Ord. 859, passed 8-13-1996; Am. Ord. 865, passed 4-8-1997)
VARIANCE. A modification or alteration of zoning requirements. This can be done by the Board of Adjustment only after specific findings of fact.
VISUAL BUFFER.
(a) A solid fence, which is preferred, or evergreen hedge, or combination thereof, sufficient in height to screen from public view contents stored on the property. The property owner or his or her agent shall prepare a plan indicating how the screening is to be accomplished showing construction details or the number, type, size, and spacing if evergreen plants are proposed. If plant material is proposed in place of solid fencing, the screening shall provide results within 1 year of planting and the ability of the proposed screening system to accomplish this goal shall be judged by the City Manager or designee. At no time shall any of the contents be stacked so as to be visible above the screen. No contents shall be placed outside the screen.
(b) Screening is required when the storage or operation is located within 600 feet of residential exposures or a public right-of-way.
(c) Screening is only required on the affected exposure. Subsequent residential development of any adjoining property shall require a visual buffer furnished and placed by the residential developer.
(d) The construction of fences shall be uniform and to neat lines, free of bumps, sags, holes, and other irregularities. No patchwork or multi-color type of construction shall be permitted nor shall construction from random salvage materials be permitted. Construction shall exhibit good workmanship and shall be durable and of a uniform color as to blend into the surrounding area.
(e) The screening shall be continuously maintained and kept painted if painted initially and kept in good repair. Dead plant material shall be replaced at the start of the next planting season. The finish side of the fencing shall face out toward the street or adjoining properties.
(Am. Ord. 878, passed 1-27-1998)
YARD, FRONT. A yard extending across the front of a lot measured from side lot line to side lot line and lying between the front property line and the front building setback line.
YARD, REAR. A yard extending across the rear of the lot measured from side lot line to side lot line and lying between the rear property line and the rear building setback line.
YARD, SIDE. A yard extending along either side of a lot measured from front yard line to the rear yard line and lying between the side lot line and the side setback line.
(1981 Code, App. A) (Ord. 624, Art. V, § 2, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982; Am. Ord. 769, passed 1-26-1988)